Whistle Blower

How to Recover from Fraud in Arizona

Posted on September 6, 2023 in dishonest lawyers

Introduction:

Fraud is a crime that can have a devastating impact on its victims. If you have been the victim of fraud, you may be wondering how you can recover your losses. This blog post will discuss the legal options available to you in Arizona and how to get started with the recovery process.

The first step in recovering from fraud is to understand the type of fraud you have been victim of. There are many different types of fraud, including identity theft, credit card fraud, investment fraud, and insurance fraud. Once you know the type of fraud you have been victim of, you can start to research your legal options.

In Arizona, there are a number of laws that protect consumers from fraud. These laws can help you recover your losses, including:

  • The Arizona Consumer Fraud Act: This law prohibits businesses from engaging in unfair or deceptive practices.
  • The Arizona False Claims Act: This law allows individuals to sue businesses that have defrauded the government.
  • The Arizona Uniform Fraudulent Transfer Act: This law allows creditors to recover assets that have been transferred by a debtor in order to defraud them.

In addition to these laws, you may also be able to recover your losses through civil lawsuits. If you have been the victim of fraud, you should consult with an experienced attorney to discuss your legal options.

What to do if you are a victim of fraud: If you believe you have been the victim of fraud, there are a few things you should do:

  • Report the fraud to the authorities. This could be the police, the Federal Trade Commission (FTC), or another relevant agency.
  • Gather evidence of the fraud. This could include documents, emails, or other records.
  • Contact your bank or credit card company. They may be able to help you cancel fraudulent transactions and protect your account.
  • Contact your insurance company. If you have lost money or property due to fraud, you may be able to file a claim with your insurance company.
  • Consider hiring an attorney. An attorney can help you navigate the legal system and recover your losses.
  • There are a number of things you can do to prevent fraud, such as:
    • Be careful about giving out your personal information. Only give out your personal information to reputable companies and organizations.
    • Be wary of unsolicited emails and phone calls. These are often scams.
    • Keep your software up to date. Software updates often include security patches that can help protect you from fraud.
    • Use strong passwords and change them regularly.
    • Be careful about what you click on. Phishing emails and websites often contain links that can lead to malicious websites.

Conclusion:

Recovering from fraud can be a long and difficult process, but it is important to remember that you are not alone. There are laws in place to protect you and there are attorneys who can help you get justice. If you have been the victim of fraud, please do not hesitate to reach out for help.

Don’t let a real estate dispute ruin your life. Get help from a Phoenix real estate litigation lawyer today. A good lawyer can help you get the justice you deserve. Contact Bill today by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

How Much is my Company Worth? Fraud?

Posted on July 12, 2021 in Arizona Law Regarding Business Disputes

World Egg Bank, Inc. v. Nesco Inv., LLC

Our Appeals Court rules that where a minority shareholder dissents from the sale of a corporation, the fair value of those shares is determined at the date of the sale.

A 50% plus owner in a corporation wanted to sell his stock and dissolve a corporation objection of the minority owner.  The majority owner sent a demand to the minority owner that said the stock would be sold to his partner. Great! The minority owner proclaimed she did not plan to vote for such a nutty proposal. She demanded money for her shares.  At the meeting, the majority owner approved the sale and dissolution with his white-shoe law firm.  Yet the closing of the corporation did not occur until six months later when it was valuated and its assets were conveyed to another company through an asset purchase agreement. Say what?

This litigation was whether the date of the shareholder meeting or the date of the valuation and subsequent conveyance/sale should be used to value her shares.  The trial court concluded that the shares should be valued at the shareholder meeting (a wait-and-see game & inviting fraud) when the corporation authorized the sale.  The Court of Appeals disagreed. So do we.

The Arizona statute defining dissenting shareholders’ rights is pretty clear.  Under the statute, a shareholder may “dissent from and obtain payment of the fair value of the shareholder’s shares in the event of . . . consummation of a sale or exchange. . . .”  A.R.S. § 10-1302(A)(3).  And the statute also provided that the fair value is “the value of the shares immediately before the effectuation of the corporate action.”  A.R.S. § 10-1301(4).  Reading these provisions together, the Court concluded that the later date should be used to value her shares.

We have said for over 34 years, there are four times when litigations occur in a closely held business: Fraud, divorce, when it makes a bunch of money, or when it loses a bunch of money. If any of the big three here (not divorce) apply to your business or investments, give us a call at 602.319.6899. We can help you!

We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title and escrow.

Arizona Law- Sometimes Grace

Posted on January 19, 2016 in Arizona Law Regarding Business and Real Estate

Hiatt_v._Shah

In 2010 upset Arizona investors sued a video developer in Maricopa County Court. There ended up being three separate cases. The Judge appointed a receiver to handle this. Later, in a settlement agreement the receiver issued Receivership Certificates to Hiatt and Shah granting them powerful purchase rights on receivership assets. The developer was unable to complete its game and the receiver decided to liquidate. The court set a claims bar date. Hiatt failed to submit a claim until several weeks after the bar date. The receiver wanted to allow Hiatt’s untimely claim because it was a receivership debt and the receiver had actual notice of it. Shah objected but the court approved the distribution plan, which included Hiatt. Shah, pretty upset then appealed.
The Court of Appeals held that receivership courts have broad discretion accept claims made after a bar date. A review of cases from other jurisdictions supports the holding that courts can exercise equitable discretion over late-filed claims. The Arizona Court of Appeals summarized: Hiatt, in good faith, did not believe a claim was necessary; the receiver and other parties were already aware of the claim; and the claim delay was relatively short and inconsequential. The Court of Appeals declined to address whether excusable neglect was the standard for allowing untimely claims because Shah waived that issue by failing to raise it below. Just watch your key Court dates. If you miss one, there are sometimes remedies. Feel free to call Bill Miller at 602-319-6899 to discuss.

The Fox (Snake) Watched the Hen house

Posted on August 19, 2014 in Arizona Law Regarding Business and Real Estate

A lawyer (snake) has been sentenced to two years in prison for his role in taking a disabled client of money she was entitled to receive from a $500,000 insurance settlement. He should have received ten years! It’s like the fable of old where the Fox watched the hen house. A sorry joke indeed. Ed…

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9th Circuit “Stern” when it comes to Fraudulent Conveyance

Posted on August 4, 2014 in Arizona Law Regarding Business Disputes

Since the U.S. Supreme Court’s opinion in Stern v. Marshall (all cites omitted) federal courts have issued differing opinions regarding the range of a bankruptcy court’s jurisdiction to enter final judgments in adversary proceedings. In Executive Benefits Insurance Agency v. Arkison, looking at Stern, the Ninth Circuit Court of Appeals held that a bankruptcy court…

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The Confidentiality Agreement

Posted on June 15, 2014 in Arizona Real Estate

Confidentiality agreements are common in real estate & business. Sometimes they are used to get an investor to get his ‘eye off the ball’. Or they are often viewed as routinized documents unworthy of close reading. WRONG! When drafting and negotiating confidentiality agreements you should be aware of broad restrictions on your actions. For example,…

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