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