QUESTION

I created a fake online profile and met a guy who ended up considering himself my boyfriend. Over the course of a year and a half he sent me gift or f

Asked on Oct 12th, 2013 on Civil Litigation - Nevada
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As this was a long distance relationship. He claims that he spent well over $10, 000 and now is threatening to sue me for restitution and also says that though he wouldnt pursuecricriminal charges he lawyer or a judge could even if he didn't want that. He found out my profile was fake through a friend and I admitted to it and apologized. I offerred two times to pay him both times I was turned down. My question is can't he just sue me for the money and leave criminal charges out of it and would I go to his state or would he have to travel here? Also since he threatened me would I be able to counter sue for anything?
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2 ANSWERS

R. Christopher Reade
The other party can sue you for money.  The other party can attempt to have you criminally prosecuted, with the decision whether to prosecute made by the authorities under their prosecutorial discretion which can be arbitrarily and capriciously exercised.   The jurisdiction for internet misrepresentations is widespread.   While you claim that he has threatened you with criminal prosecution, you would have to prove that such threats were baseless, which is appears you concede is not the case.
Answered on Oct 14th, 2013 at 7:14 PM

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Appellate Practice Attorney serving New York, NY
For purposes of this answer, without knowing what types of misrepresentations you made, or whether your ex-boyfriend relied on them in giving you presents, I will assume that your ex-boyfriend has a good claim against you for fraud. Strictly speaking, it is not your ex-boyfriend's choice, but rather the prosecutor's, whether criminal charges are levied against you, although he would probably have a great deal of influence over that decision, and obviously the prosecutor can't charge you if the prosecutor is not informed of the situation, and no judge will know about the situation if you settle before a suit is filed (unless someone breaches the settlement agreement and a lawsuit is necessary to enforce it).  My gut tells me that if you reimburse your ex, the prosecutor will not bring charges, but there is no guarantee.  Any agreement you reach with your ex not to press charges, or not to cooperate with police and/or prosecutors will probably not be enforceable. As for a civil suit, since your ex's claims arise from communications you had with him in his state, he will probably have the choice of suing you in either his state or yours, and will choose his unless there is some reason why he thinks the courts in your state will look more favorably on his case. Without knowing the nature of the threats your ex made against you, or what damages they caused you, I don't know if you have any civil counterclaim against him, or whether he may have committed a crime for which he would be prosecuted (I doubt it).    If the only  threat he made was to sue you, or go to the police, if you didn't pay him back, I don't think that is actionable.
Answered on Oct 14th, 2013 at 1:08 PM

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