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Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate the Younger GC below?

M
mromm (at) rommlaw.com
Sun, May 6, 2012 7:24 PM

Financial Irresponsibility???? Scenario below?

"I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax: (954) 208-0022

mromm@rommlaw.com

SS
Sakwa, Stuart H.
Sun, May 6, 2012 7:33 PM

Regardless of the facts, it is always improper to threaten someone with
reporting misconduct in order to extract compensation.  It is considered
extortion.  On the other hand, Older GC can just report the conduct.
After he does so, often times, the CILB will require restitution.  Also,
if the Younger GC pays the money due, Older GC can agree to withdraw his
complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.com http://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa@arnstein.com mailto:Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the
Younger GC below?

Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work
for older GC's company.  Younger GC agrees to work only for older GC's
company and to develop older GC's business. They both agree that Younger
GC shall, under his old company name, complete all existing jobs of
which there are not many.  Later, younger GC asks older GC for a loan to
finish a two jobs because he took money to do the jobs, and spent the
money before the permits were issued. He did not have enough money to
finish the jobs.  It is unknown whether the jobs were ever finished.
During his employment Younger GC promises verbally (and in writing when
he signed his resignation letter)  to pay back the loan.  He made
similar verbal promises after he left his employment. It is now obvious
to older GC that he is not going to be paid back his money.  Can older
GC threaten younger GC with a complaint to the CILB regarding younger
GC's financial irresponsibility in failing to properly manage the funds
on the two jobs and also for refusing to pay back older GC for the loan
in order to inspire younger GC to repay the loan? If such a complaint is
made, will the CILB sanction younger GC? Or,  is this improper for older
GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.com

This electronic mail transmission may contain confidential or privileged information.
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax
advice contained in this written or electronic communication, including any
attachments or enclosures, is not intended or written to be used and it cannot
be used by any person or entity for the purpose of (i) avoiding any tax penalties
that may be imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending
to another party any transaction or matter addressed herein.

Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com <http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 Shsakwa@arnstein.com <mailto:Shsakwa@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
FD
fred.dudley (at) hklaw.com
Sun, May 6, 2012 9:28 PM

The disciplinary grounds (after a license has been approved) require an unpaid lien or judgment.

Frederick Dudley | Holland & Knight
Board Certified Construction Lawyer
315 South Calhoun Street, Suite 600 | Tallahassee FL 32301

Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471

fred.dudley@hklaw.com mailto:fred.dudley@hklaw.com | www.hklaw.com http://www.hklaw.com/

Sent from my BlackBerry Wireless Handheld

From: mromm@rommlaw.com [mailto:mromm@rommlaw.com]
Sent: Sunday, May 06, 2012 03:24 PM
To: RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate the Younger GC below?

Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.commailto:mromm@rommlaw.com

IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.

NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

The disciplinary grounds (after a license has been approved) require an unpaid lien or judgment. Frederick Dudley | Holland & Knight Board Certified Construction Lawyer 315 South Calhoun Street, Suite 600 | Tallahassee FL 32301 Phone 850.425.5668 | Fax 850.224.8832 | Cell 850.294.3471 fred.dudley@hklaw.com <mailto:fred.dudley@hklaw.com> | www.hklaw.com <http://www.hklaw.com/> -------------------------- Sent from my BlackBerry Wireless Handheld From: mromm@rommlaw.com [mailto:mromm@rommlaw.com] Sent: Sunday, May 06, 2012 03:24 PM To: RPPTL constructionlaw <constructionlaw@lists.flabarrpptl.org> Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com<mailto:mromm@rommlaw.com> ________________________________ ****IRS CIRCULAR 230 DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS, WE INFORM YOU THAT ANY TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS) IS NOT INTENDED OR WRITTEN BY HOLLAND & KNIGHT LLP TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF (I) AVOIDING TAX-RELATED PENALTIES UNDER THE INTERNAL REVENUE CODE, OR (II) PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTER HEREIN.**** ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
GM
Gibbons, Michael
Sun, May 6, 2012 10:09 PM

Agreed.  One other thing that wasn't clear to me until recently when dealing with the CILB on behalf of a judgment creditor. While i have seen the CILB suspend the license of a licensee due to an unsatisfied final judgment in favor of a consumer, the CILB does not want to be used as a commercial collection agent for trade debt between contractors and subs/suppliers.  If the judgment creditor is a corporation, don't assume the CILB will suspend the license pending restitution (the way it frequently does with consumer judgment creditors).

Sent from my iPhone. Expect typos.

On May 6, 2012, at 3:44 PM, "Sakwa, Stuart H." Shsakwa@arnstein.commailto:Shsakwa@arnstein.com> wrote:

Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation.  It is considered extortion.  On the other hand, Older GC can just report the conduct.  After he does so, often times, the CILB will require restitution.  Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.comhttp://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa@arnstein.commailto:Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.commailto:mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below?

Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.commailto:mromm@rommlaw.com

This electronic mail transmission may contain confidential or privileged information.
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax
advice contained in this written or electronic communication, including any
attachments or enclosures, is not intended or written to be used and it cannot
be used by any person or entity for the purpose of (i) avoiding any tax penalties
that may be imposed by the Internal Revenue Service or any other U.S. Federal
taxing authority or agency or (ii) promoting, marketing or recommending
to another party any transaction or matter addressed herein.

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Agreed. One other thing that wasn't clear to me until recently when dealing with the CILB on behalf of a judgment creditor. While i have seen the CILB suspend the license of a licensee due to an unsatisfied final judgment in favor of a consumer, the CILB does not want to be used as a commercial collection agent for trade debt between contractors and subs/suppliers. If the judgment creditor is a corporation, don't assume the CILB will suspend the license pending restitution (the way it frequently does with consumer judgment creditors). Sent from my iPhone. Expect typos. On May 6, 2012, at 3:44 PM, "Sakwa, Stuart H." <Shsakwa@arnstein.com><mailto:Shsakwa@arnstein.com>> wrote: Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com<http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 Shsakwa@arnstein.com<mailto:Shsakwa@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org<mailto:constructionlaw-bounces@lists.flabarrpptl.org> [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com<mailto:mromm@rommlaw.com> Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com<mailto:mromm@rommlaw.com> This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. _______________________________________________ constructionlaw mailing list constructionlaw@lists.flabarrpptl.org<mailto:constructionlaw@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/constructionlaw This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
DM
Daniel Moody
Wed, May 9, 2012 4:55 PM

I haven't researched the issue in quite some time, but it is my
understanding that it would be extortion to threaten criminal prosecution,
but not if the threat is one of filing an administrative complaint or
initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  mailto:dmoody@moodyandshea.com dmoody@moodyandshea.com

CONFIDENTIALITY NOTICE: The contents of this e-mail message and any
attachments are intended for the addressee(s) named in this message.  This
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-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa,
Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger
GC below?

Regardless of the facts, it is always improper to threaten someone with
reporting misconduct in order to extract compensation.  It is considered
extortion.  On the other hand, Older GC can just report the conduct.  After
he does so, often times, the CILB will require restitution.  Also, if the
Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
http://www.arnstein.com/ www.arnstein.com

515 North Flagler Drive

Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
mailto:Shsakwa@arnstein.com Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger
GC below?

Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for
older GC's company.  Younger GC agrees to work only for older GC's company
and to develop older GC's business. They both agree that Younger GC shall,
under his old company name, complete all existing jobs of which there are
not many.  Later, younger GC asks older GC for a loan to finish a two jobs
because he took money to do the jobs, and spent the money before the permits
were issued. He did not have enough money to finish the jobs.  It is unknown
whether the jobs were ever finished. During his employment Younger GC
promises verbally (and in writing when he signed his resignation letter)  to
pay back the loan.  He made similar verbal promises after he left his
employment. It is now obvious to older GC that he is not going to be paid
back his money.  Can older GC threaten younger GC with a complaint to the
CILB regarding younger GC's financial irresponsibility in failing to
properly manage the funds on the two jobs and also for refusing to pay back
older GC for the loan in order to inspire younger GC to repay the loan? If
such a complaint is made, will the CILB sanction younger GC? Or,  is this
improper for older GC to make the threat in order to get paid the money
back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.com

This electronic mail transmission may contain confidential or privileged
information.

If you believe that you have received this message in error, please notify

the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax

advice contained in this written or electronic communication, including any

attachments or enclosures, is not intended or written to be used and it
cannot

be used by any person or entity for the purpose of (i) avoiding any tax
penalties

that may be imposed by the Internal Revenue Service or any other U.S.
Federal

taxing authority or agency or (ii) promoting, marketing or recommending

to another party any transaction or matter addressed herein.

I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding. Daniel L. Moody, Esq. Moody and Shea, P.A. 14501 Walsingham Road Largo, Florida 33774 Phone: 727-596-3000 Fax: 727-596-3006 email: <mailto:dmoody@moodyandshea.com> dmoody@moodyandshea.com CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -----Original Message----- From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Sunday, May 06, 2012 3:33 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP <http://www.arnstein.com/> www.arnstein.com 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 <mailto:Shsakwa@arnstein.com> Shsakwa@arnstein.com Offices in Illinois, Florida, and Wisconsin _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
AF
Andrea Fair
Wed, May 9, 2012 5:57 PM

Here is the rule:

RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL states, in part, as follows: “A lawyer shall not: . . . (g) present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.”

I think Dan is right.

Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
▬▬▬▬▬▬▬▬▬▬▬▬
13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.comhttp://www.fairconstructionliens.com

[cid:image001.jpg@01CD2DEB.ACC5A190]

The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody
Sent: Wednesday, May 09, 2012 12:55 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  dmoody@moodyandshea.commailto:dmoody@moodyandshea.com

CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message.  This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges.  If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments.  Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.
-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?
Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation.  It is considered extortion.  On the other hand, Older GC can just report the conduct.  After he does so, often times, the CILB will require restitution.  Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.comhttp://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa@arnstein.commailto:Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.commailto:mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below?
Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.commailto:mromm@rommlaw.com

This electronic mail transmission may contain confidential or privileged information.

If you believe that you have received this message in error, please notify

the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax

advice contained in this written or electronic communication, including any

attachments or enclosures, is not intended or written to be used and it cannot

be used by any person or entity for the purpose of (i) avoiding any tax penalties

that may be imposed by the Internal Revenue Service or any other U.S. Federal

taxing authority or agency or (ii) promoting, marketing or recommending

to another party any transaction or matter addressed herein.

Here is the rule: RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL states, in part, as follows: “A lawyer shall not: . . . (g) present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.” I think Dan is right. Andrea M. Fair-Purcell Board Certified Construction Attorney ▬▬▬▬▬▬▬▬▬▬▬▬ FAIR•LAW•PLLC ▬▬▬▬▬▬▬▬▬▬▬▬ 13046 Racetrack Road #236 Tampa, FL 33626 (813) 412-1077 phone (877) 879-4990 fax www.fairconstructionliens.com<http://www.fairconstructionliens.com> [cid:image001.jpg@01CD2DEB.ACC5A190] The contents of this e-mail message and any attachments are intended solely for the addressee(s) named in this e-mail message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this e-mail message, or if this e-mail message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this e-mail message and its attachments. Do not deliver, distribute or copy this e-mail message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody Sent: Wednesday, May 09, 2012 12:55 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding. Daniel L. Moody, Esq. Moody and Shea, P.A. 14501 Walsingham Road Largo, Florida 33774 Phone: 727-596-3000 Fax: 727-596-3006 email: dmoody@moodyandshea.com<mailto:dmoody@moodyandshea.com> CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -----Original Message----- From: constructionlaw-bounces@lists.flabarrpptl.org<mailto:constructionlaw-bounces@lists.flabarrpptl.org> [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Sunday, May 06, 2012 3:33 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com<http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 Shsakwa@arnstein.com<mailto:Shsakwa@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org<mailto:constructionlaw-bounces@lists.flabarrpptl.org> [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com<mailto:mromm@rommlaw.com> Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com<mailto:mromm@rommlaw.com> This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Attached image
FB
Fred Barnes
Wed, May 9, 2012 6:30 PM

Expansive definition of extortion would include any threat of a lawsuit if
payment not made by a certain date.  My understanding is that you can
threaten administrative complaint, but definitely not criminal prosecution.

You have to be careful when you are talking about fraudulent liens so as not
to threaten referral for criminal prosecution under 713.31.

FREDERICK C. BARNES, ESQ.

500 North Maitland Avenue, Suite 305

Maitland, Florida  32751

Telephone:  407-865-9200

Facsimile:  407-865-9209

mailto:www.fcbarneslaw.com www.fcbarneslaw.com

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel
Moody
Sent: Wednesday, May 09, 2012 12:55 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger
GC below?

I haven't researched the issue in quite some time, but it is my
understanding that it would be extortion to threaten criminal prosecution,
but not if the threat is one of filing an administrative complaint or
initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  mailto:dmoody@moodyandshea.com dmoody@moodyandshea.com

CONFIDENTIALITY NOTICE: The contents of this e-mail message and any
attachments are intended for the addressee(s) named in this message.  This
communication is intended to be and to remain confidential and may be
subject to applicable attorney/client and/or work product privileges.  If
you are not the intended recipient of this message, or if this message has
been addressed to you in error, please immediately alert the sender by reply
e-mail and then delete this message and its attachments.  Do not deliver,
distribute or copy this message and/or any attachments and, if you are not
the intended recipient, do not disclose the contents or take any action in
reliance upon the information contained in this communication or any
attachments.

-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa,
Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger
GC below?

Regardless of the facts, it is always improper to threaten someone with
reporting misconduct in order to extract compensation.  It is considered
extortion.  On the other hand, Older GC can just report the conduct.  After
he does so, often times, the CILB will require restitution.  Also, if the
Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP

http://www.arnstein.com/ www.arnstein.com

515 North Flagler Drive

Sixth Floor

West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598

Fax: 561.802.3082
mailto:Shsakwa@arnstein.com Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger
GC below?

Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for
older GC's company.  Younger GC agrees to work only for older GC's company
and to develop older GC's business. They both agree that Younger GC shall,
under his old company name, complete all existing jobs of which there are
not many.  Later, younger GC asks older GC for a loan to finish a two jobs
because he took money to do the jobs, and spent the money before the permits
were issued. He did not have enough money to finish the jobs.  It is unknown
whether the jobs were ever finished. During his employment Younger GC
promises verbally (and in writing when he signed his resignation letter)  to
pay back the loan.  He made similar verbal promises after he left his
employment. It is now obvious to older GC that he is not going to be paid
back his money.  Can older GC threaten younger GC with a complaint to the
CILB regarding younger GC's financial irresponsibility in failing to
properly manage the funds on the two jobs and also for refusing to pay back
older GC for the loan in order to inspire younger GC to repay the loan? If
such a complaint is made, will the CILB sanction younger GC? Or,  is this
improper for older GC to make the threat in order to get paid the money
back.

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax:  (954) 208-0022

mromm@rommlaw.com

This electronic mail transmission may contain confidential or privileged
information.
If you believe that you have received this message in error, please notify
the sender by reply transmission and delete the message without copying or
disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal
tax
advice contained in this written or electronic communication, including any
attachments or enclosures, is not intended or written to be used and it
cannot
be used by any person or entity for the purpose of (i) avoiding any tax
penalties
that may be imposed by the Internal Revenue Service or any other U.S.
Federal
taxing authority or agency or (ii) promoting, marketing or recommending
to another party any transaction or matter addressed herein.

Expansive definition of extortion would include any threat of a lawsuit if payment not made by a certain date. My understanding is that you can threaten administrative complaint, but definitely not criminal prosecution. You have to be careful when you are talking about fraudulent liens so as not to threaten referral for criminal prosecution under 713.31. FREDERICK C. BARNES, ESQ. 500 North Maitland Avenue, Suite 305 Maitland, Florida 32751 Telephone: 407-865-9200 Facsimile: 407-865-9209 <mailto:www.fcbarneslaw.com> www.fcbarneslaw.com From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody Sent: Wednesday, May 09, 2012 12:55 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding. Daniel L. Moody, Esq. Moody and Shea, P.A. 14501 Walsingham Road Largo, Florida 33774 Phone: 727-596-3000 Fax: 727-596-3006 email: <mailto:dmoody@moodyandshea.com> dmoody@moodyandshea.com CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -----Original Message----- From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Sunday, May 06, 2012 3:33 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP <http://www.arnstein.com/> www.arnstein.com 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 <mailto:Shsakwa@arnstein.com> Shsakwa@arnstein.com Offices in Illinois, Florida, and Wisconsin _____ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
RS
R. Scott Traweek
Wed, May 9, 2012 6:43 PM

Send Bruno over to come to an "understanding." ............ Seriously, I agree with the others that say adm is fine but criminal, no.

Sincerely,

[cid:0032-0001@01cd2e13.94adb392]

R. Scott Traweek, Director
GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH, A PLC
Phone: 850-436-7000 | Fax: 850-436-7099
118 East Garden Street Pensacola, Florida 32502
Email: straweek@gjtbs.commailto:straweek@gjtbs.com

106 St. Francis Street, Suite 502, Mobile, AL. 36602
620 East Twiggs Street, Suite 303, Tampa, FL 33602

Websitehttp://www.gjtbs.com | Biohttp://www.gjtbs.com/ftpuser/attorney.php?slugline=traweek | vCardhttp://gjtbs.com/~gjtbspl/ftpuser/upload/R.%20Scott%20Traweek.vcf

Houston ? St. Louis ? Lafayette ? Mandeville ? New Orleans ? Gulfport ? Mobile ? Pensacola ? Tampa ? Atlanta

CONFIDENTIAL ATTORNEY-CLIENT OR OTHERWISE PRIVILEGED COMMUNICATION
DO NOT FORWARD WITHOUT PERMISSION

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes
Sent: Wednesday, May 09, 2012 1:31 PM
To: 'RPPTL constructio
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

Expansive definition of extortion would include any threat of a lawsuit if payment not made by a certain date.  My understanding is that you can threaten administrative complaint, but definitely not criminal prosecution.

You have to be careful when you are talking about fraudulent liens so as not to threaten referral for criminal prosecution under 713.31.

FREDERICK C. BARNES, ESQ.
500 North Maitland Avenue, Suite 305
Maitland, Florida  32751
Telephone:  407-865-9200
Facsimile:  407-865-9209
www.fcbarneslaw.commailto:www.fcbarneslaw.com

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody
Sent: Wednesday, May 09, 2012 12:55 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  dmoody@moodyandshea.commailto:dmoody@moodyandshea.com

CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message.  This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges.  If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments.  Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.
-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?
Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation.  It is considered extortion.  On the other hand, Older GC can just report the conduct.  After he does so, often times, the CILB will require restitution.  Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.comhttp://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa@arnstein.commailto:Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below?
Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.commailto:mromm@rommlaw.com

This electronic mail transmission may contain confidential or privileged information.

If you believe that you have received this message in error, please notify

the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax

advice contained in this written or electronic communication, including any

attachments or enclosures, is not intended or written to be used and it cannot

be used by any person or entity for the purpose of (i) avoiding any tax penalties

that may be imposed by the Internal Revenue Service or any other U.S. Federal

taxing authority or agency or (ii) promoting, marketing or recommending

to another party any transaction or matter addressed herein.

Send Bruno over to come to an "understanding." ............ Seriously, I agree with the others that say adm is fine but criminal, no. Sincerely, [cid:0032-0001@01cd2e13.94adb392] R. Scott Traweek, Director GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH, A PLC Phone: 850-436-7000 | Fax: 850-436-7099 118 East Garden Street Pensacola, Florida 32502 Email: straweek@gjtbs.com<mailto:straweek@gjtbs.com> 106 St. Francis Street, Suite 502, Mobile, AL. 36602 620 East Twiggs Street, Suite 303, Tampa, FL 33602 Website<http://www.gjtbs.com> | Bio<http://www.gjtbs.com/ftpuser/attorney.php?slugline=traweek> | vCard<http://gjtbs.com/~gjtbspl/ftpuser/upload/R.%20Scott%20Traweek.vcf> Houston ? St. Louis ? Lafayette ? Mandeville ? New Orleans ? Gulfport ? Mobile ? Pensacola ? Tampa ? Atlanta CONFIDENTIAL ATTORNEY-CLIENT OR OTHERWISE PRIVILEGED COMMUNICATION DO NOT FORWARD WITHOUT PERMISSION ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes Sent: Wednesday, May 09, 2012 1:31 PM To: 'RPPTL constructio Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Expansive definition of extortion would include any threat of a lawsuit if payment not made by a certain date. My understanding is that you can threaten administrative complaint, but definitely not criminal prosecution. You have to be careful when you are talking about fraudulent liens so as not to threaten referral for criminal prosecution under 713.31. FREDERICK C. BARNES, ESQ. 500 North Maitland Avenue, Suite 305 Maitland, Florida 32751 Telephone: 407-865-9200 Facsimile: 407-865-9209 www.fcbarneslaw.com<mailto:www.fcbarneslaw.com> From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody Sent: Wednesday, May 09, 2012 12:55 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding. Daniel L. Moody, Esq. Moody and Shea, P.A. 14501 Walsingham Road Largo, Florida 33774 Phone: 727-596-3000 Fax: 727-596-3006 email: dmoody@moodyandshea.com<mailto:dmoody@moodyandshea.com> CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -----Original Message----- From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Sunday, May 06, 2012 3:33 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com<http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 Shsakwa@arnstein.com<mailto:Shsakwa@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com<mailto:mromm@rommlaw.com> This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Attached image
LE
Lohrer, Edward
Wed, May 9, 2012 7:12 PM

There are several Florida Bar Ethics opinions on the issue (one of them
is 89-3, which is pre-Rule 4-3.4), they all say you cannot threaten
criminal complaints to obtain an advantage in civil litigation.  None
the opinions I am aware of say anything about threats of civil
litigation or administrative complaints, so one could argue that because
the Bar chose not to include civil or admin, it must have meant to
exclude it.  There is an opinion out there somewhere (sorry I can't find
the cite at the moment) that says it is unethical to threaten litigation
if you have no intention of actually suing, but says it is ok to tell
debtors that if they don't pay you may exercise all legal options, which
could include a lawsuit to recover the money.

There is actually a fair amount out there on this issue.  For example,
Florida Bar Ethic opinion 85-3 says its ok to refer to possible criminal
penalties when sending out a statutory worthless check letter as long as
it is narrowly tailored to track the language of the statute and gives
notice that it is being sent on behalf of a client.  While I am unaware
of a similar opinion relating to F.S. 713.31 (fraudulent liens), I think
the same logic can be applied.

Edward C. Lohrer
Attorney at Law
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.987.7550 Phone
954.985.4176 Fax

ELohrer@becker-poliakoff.com
http://www.becker-poliakoff.com

Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com. 

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fred
Barnes
Sent: Wednesday, May 09, 2012 2:31 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB
violatetheYounger GC below?

Expansive definition of extortion would include any threat of a lawsuit
if payment not made by a certain date.  My understanding is that you can
threaten administrative complaint, but definitely not criminal
prosecution.

You have to be careful when you are talking about fraudulent liens so as
not to threaten referral for criminal prosecution under 713.31.

FREDERICK C. BARNES, ESQ.

500 North Maitland Avenue, Suite 305

Maitland, Florida  32751

Telephone:  407-865-9200

Facsimile:  407-865-9209

www.fcbarneslaw.com mailto:www.fcbarneslaw.com

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Daniel Moody
Sent: Wednesday, May 09, 2012 12:55 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate
theYounger GC below?

I haven't researched the issue in quite some time, but it is my
understanding that it would be extortion to threaten criminal
prosecution, but not if the threat is one of filing an administrative
complaint or initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  dmoody@moodyandshea.com mailto:dmoody@moodyandshea.com

CONFIDENTIALITY NOTICE: The contents of this e-mail message and any
attachments are intended for the addressee(s) named in this message.
This communication is intended to be and to remain confidential and may
be subject to applicable attorney/client and/or work product privileges.
If you are not the intended recipient of this message, or if this
message has been addressed to you in error, please immediately alert the
sender by reply e-mail and then delete this message and its attachments.
Do not deliver, distribute or copy this message and/or any attachments
and, if you are not the intended recipient, do not disclose the contents
or take any action in reliance upon the information contained in this
communication or any attachments.

-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Sakwa, Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB
violate theYounger GC below?

Regardless of the facts, it is always improper to threaten

someone with reporting misconduct in order to extract compensation.  It
is considered extortion.  On the other hand, Older GC can just report
the conduct.  After he does so, often times, the CILB will require
restitution.  Also, if the Younger GC pays the money due, Older GC can
agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP

www.arnstein.com <http://www.arnstein.com/>



515 North Flagler Drive

Sixth Floor 

West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598

Fax: 561.802.3082
Shsakwa@arnstein.com <mailto:Shsakwa@arnstein.com>

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.org

[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate
the Younger GC below?

Financial Irresponsibility????  Scenario below?





"I introduce "Younger GC" to   "Older GC" and younger GC goes to

work for older GC's company.  Younger GC agrees to work only for older
GC's company and to develop older GC's business. They both agree that
Younger GC shall, under his old company name, complete all existing jobs
of which there are not many.  Later, younger GC asks older GC for a loan
to finish a two jobs because he took money to do the jobs, and spent the
money before the permits were issued. He did not have enough money to
finish the jobs.  It is unknown whether the jobs were ever finished.
During his employment Younger GC promises verbally (and in writing when
he signed his resignation letter)  to pay back the loan.  He made
similar verbal promises after he left his employment. It is now obvious
to older GC that he is not going to be paid back his money.  Can older
GC threaten younger GC with a complaint to the CILB regarding younger
GC's financial irresponsibility in failing to properly manage the funds
on the two jobs and also for refusing to pay back older GC for the loan
in order to inspire younger GC to repay the loan? If such a complaint is
made, will the CILB sanction younger GC? Or,  is this improper for older
GC to make the threat in order to get paid the money back.

Michael Romm

Michael R. Romm, P.A.

1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020

Phone: (954) 557-8002

Fax:  (954) 208-0022

mromm@rommlaw.com





This electronic mail transmission may contain confidential or

privileged information.
If you believe that you have received this message in error,
please notify
the sender by reply transmission and delete the message without
copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that

any federal tax
advice contained in this written or electronic communication,
including any
attachments or enclosures, is not intended or written to be used
and it cannot
be used by any person or entity for the purpose of (i) avoiding
any tax penalties
that may be imposed by the Internal Revenue Service or any other
U.S. Federal
taxing authority or agency or (ii) promoting, marketing or
recommending
to another party any transaction or matter addressed herein.

There are several Florida Bar Ethics opinions on the issue (one of them is 89-3, which is pre-Rule 4-3.4), they all say you cannot threaten criminal complaints to obtain an advantage in civil litigation. None the opinions I am aware of say anything about threats of civil litigation or administrative complaints, so one could argue that because the Bar chose not to include civil or admin, it must have meant to exclude it. There is an opinion out there somewhere (sorry I can't find the cite at the moment) that says it is unethical to threaten litigation if you have no intention of actually suing, but says it is ok to tell debtors that if they don't pay you may exercise all legal options, which could include a lawsuit to recover the money. There is actually a fair amount out there on this issue. For example, Florida Bar Ethic opinion 85-3 says its ok to refer to possible criminal penalties when sending out a statutory worthless check letter as long as it is narrowly tailored to track the language of the statute and gives notice that it is being sent on behalf of a client. While I am unaware of a similar opinion relating to F.S. 713.31 (fraudulent liens), I think the same logic can be applied. Edward C. Lohrer Attorney at Law Board Certified Construction Lawyer Becker & Poliakoff, P.A. Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312-6525 954.987.7550 Phone 954.985.4176 Fax ELohrer@becker-poliakoff.com http://www.becker-poliakoff.com Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com.  ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes Sent: Wednesday, May 09, 2012 2:31 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violatetheYounger GC below? Expansive definition of extortion would include any threat of a lawsuit if payment not made by a certain date. My understanding is that you can threaten administrative complaint, but definitely not criminal prosecution. You have to be careful when you are talking about fraudulent liens so as not to threaten referral for criminal prosecution under 713.31. FREDERICK C. BARNES, ESQ. 500 North Maitland Avenue, Suite 305 Maitland, Florida 32751 Telephone: 407-865-9200 Facsimile: 407-865-9209 www.fcbarneslaw.com <mailto:www.fcbarneslaw.com> From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody Sent: Wednesday, May 09, 2012 12:55 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding. Daniel L. Moody, Esq. Moody and Shea, P.A. 14501 Walsingham Road Largo, Florida 33774 Phone: 727-596-3000 Fax: 727-596-3006 email: dmoody@moodyandshea.com <mailto:dmoody@moodyandshea.com> CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -----Original Message----- From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Sunday, May 06, 2012 3:33 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com <http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 Shsakwa@arnstein.com <mailto:Shsakwa@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
RH
Roberts, Hardy L.
Wed, May 9, 2012 7:36 PM

I also think the CILB will take the complaint less seriously if it was previously used as a threat.

p.s.  As we will discuss at Monday's meeting of the Construction Law Committee, this listserv will soon be switched to a moderated listserv and future discussion threads of this nature will have to be directed to the CLC-discussion listserv (i.e. clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org).

Hardy

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Lohrer, Edward
Sent: Wednesday, May 09, 2012 3:13 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violatetheYounger GC below?

There are several Florida Bar Ethics opinions on the issue (one of them is 89-3, which is pre-Rule 4-3.4), they all say you cannot threaten criminal complaints to obtain an advantage in civil litigation.  None the opinions I am aware of say anything about threats of civil litigation or administrative complaints, so one could argue that because the Bar chose not to include civil or admin, it must have meant to exclude it.  There is an opinion out there somewhere (sorry I can't find the cite at the moment) that says it is unethical to threaten litigation if you have no intention of actually suing, but says it is ok to tell debtors that if they don't pay you may exercise all legal options, which could include a lawsuit to recover the money.

There is actually a fair amount out there on this issue.  For example, Florida Bar Ethic opinion 85-3 says its ok to refer to possible criminal penalties when sending out a statutory worthless check letter as long as it is narrowly tailored to track the language of the statute and gives notice that it is being sent on behalf of a client.  While I am unaware of a similar opinion relating to F.S. 713.31 (fraudulent liens), I think the same logic can be applied.

[Becker & Poliakoff]

Edward C. Lohrer
Attorney at Law
Board Certified Construction Lawyer

Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.987.7550 Phone
954.985.4176 Fax

ELohrer@becker-poliakoff.com
www.becker-poliakoff.comhttp://www.becker-poliakoff.com

Our clients' total satisfaction is our #1 priority.  The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.commailto:CARE@becker-poliakoff.com.

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes
Sent: Wednesday, May 09, 2012 2:31 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violatetheYounger GC below?
Expansive definition of extortion would include any threat of a lawsuit if payment not made by a certain date.  My understanding is that you can threaten administrative complaint, but definitely not criminal prosecution.

You have to be careful when you are talking about fraudulent liens so as not to threaten referral for criminal prosecution under 713.31.

FREDERICK C. BARNES, ESQ.
500 North Maitland Avenue, Suite 305
Maitland, Florida  32751
Telephone:  407-865-9200
Facsimile:  407-865-9209
www.fcbarneslaw.commailto:www.fcbarneslaw.com

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody
Sent: Wednesday, May 09, 2012 12:55 PM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?

I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding.

Daniel L. Moody, Esq.
Moody and Shea, P.A.
14501 Walsingham Road
Largo, Florida  33774

Phone:  727-596-3000
Fax:  727-596-3006
email:  dmoody@moodyandshea.commailto:dmoody@moodyandshea.com

CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message.  This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges.  If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments.  Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments.
-----Original Message-----
From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H.
Sent: Sunday, May 06, 2012 3:33 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below?
Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation.  It is considered extortion.  On the other hand, Older GC can just report the conduct.  After he does so, often times, the CILB will require restitution.  Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint.

Stuart H Sakwa
Attorney at Law
ARNSTEIN & LEHR LLP
www.arnstein.comhttp://www.arnstein.com/

515 North Flagler Drive
Sixth Floor
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598
Fax: 561.802.3082
Shsakwa@arnstein.commailto:Shsakwa@arnstein.com

Offices in Illinois, Florida, and Wisconsin

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below?
Financial Irresponsibility????  Scenario below?

"I introduce "Younger GC" to  "Older GC" and younger GC goes to work for older GC's company.  Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many.  Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs.  It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter)  to pay back the loan.  He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money.  Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or,  is this improper for older GC to make the threat in order to get paid the money back.

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm@rommlaw.commailto:mromm@rommlaw.com

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I also think the CILB will take the complaint less seriously if it was previously used as a threat. p.s. As we will discuss at Monday's meeting of the Construction Law Committee, this listserv will soon be switched to a moderated listserv and future discussion threads of this nature will have to be directed to the CLC-discussion listserv (i.e. clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org>). Hardy From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Lohrer, Edward Sent: Wednesday, May 09, 2012 3:13 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violatetheYounger GC below? There are several Florida Bar Ethics opinions on the issue (one of them is 89-3, which is pre-Rule 4-3.4), they all say you cannot threaten criminal complaints to obtain an advantage in civil litigation. None the opinions I am aware of say anything about threats of civil litigation or administrative complaints, so one could argue that because the Bar chose not to include civil or admin, it must have meant to exclude it. There is an opinion out there somewhere (sorry I can't find the cite at the moment) that says it is unethical to threaten litigation if you have no intention of actually suing, but says it is ok to tell debtors that if they don't pay you may exercise all legal options, which could include a lawsuit to recover the money. There is actually a fair amount out there on this issue. For example, Florida Bar Ethic opinion 85-3 says its ok to refer to possible criminal penalties when sending out a statutory worthless check letter as long as it is narrowly tailored to track the language of the statute and gives notice that it is being sent on behalf of a client. While I am unaware of a similar opinion relating to F.S. 713.31 (fraudulent liens), I think the same logic can be applied. [Becker & Poliakoff] Edward C. Lohrer Attorney at Law Board Certified Construction Lawyer Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, FL 33312-6525 954.987.7550 Phone 954.985.4176 Fax ELohrer@becker-poliakoff.com www.becker-poliakoff.com<http://www.becker-poliakoff.com> Our clients' total satisfaction is our #1 priority. The Becker & Poliakoff Client CARE Center is available for questions, concerns and suggestions. Please contact us at 954.364.6090 or via email at CARE@becker-poliakoff.com<mailto:CARE@becker-poliakoff.com>. ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes Sent: Wednesday, May 09, 2012 2:31 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violatetheYounger GC below? Expansive definition of extortion would include any threat of a lawsuit if payment not made by a certain date. My understanding is that you can threaten administrative complaint, but definitely not criminal prosecution. You have to be careful when you are talking about fraudulent liens so as not to threaten referral for criminal prosecution under 713.31. FREDERICK C. BARNES, ESQ. 500 North Maitland Avenue, Suite 305 Maitland, Florida 32751 Telephone: 407-865-9200 Facsimile: 407-865-9209 www.fcbarneslaw.com<mailto:www.fcbarneslaw.com> From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Daniel Moody Sent: Wednesday, May 09, 2012 12:55 PM To: 'RPPTL constructionlaw' Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? I haven't researched the issue in quite some time, but it is my understanding that it would be extortion to threaten criminal prosecution, but not if the threat is one of filing an administrative complaint or initiating an administrative proceeding. Daniel L. Moody, Esq. Moody and Shea, P.A. 14501 Walsingham Road Largo, Florida 33774 Phone: 727-596-3000 Fax: 727-596-3006 email: dmoody@moodyandshea.com<mailto:dmoody@moodyandshea.com> CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended for the addressee(s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and, if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. -----Original Message----- From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Sakwa, Stuart H. Sent: Sunday, May 06, 2012 3:33 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw] [RPPTL] - Would CILB violate theYounger GC below? Regardless of the facts, it is always improper to threaten someone with reporting misconduct in order to extract compensation. It is considered extortion. On the other hand, Older GC can just report the conduct. After he does so, often times, the CILB will require restitution. Also, if the Younger GC pays the money due, Older GC can agree to withdraw his complaint. Stuart H Sakwa Attorney at Law ARNSTEIN & LEHR LLP www.arnstein.com<http://www.arnstein.com/> 515 North Flagler Drive Sixth Floor West Palm Beach, Florida 33401-4323 Phone: 561.650.8484 Mobile: 954.261.9598 Fax: 561.802.3082 Shsakwa@arnstein.com<mailto:Shsakwa@arnstein.com> Offices in Illinois, Florida, and Wisconsin ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of mromm@rommlaw.com Sent: Sunday, May 06, 2012 3:24 PM To: RPPTL constructionlaw Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the Younger GC below? Financial Irresponsibility???? Scenario below? "I introduce "Younger GC" to "Older GC" and younger GC goes to work for older GC's company. Younger GC agrees to work only for older GC's company and to develop older GC's business. They both agree that Younger GC shall, under his old company name, complete all existing jobs of which there are not many. Later, younger GC asks older GC for a loan to finish a two jobs because he took money to do the jobs, and spent the money before the permits were issued. He did not have enough money to finish the jobs. It is unknown whether the jobs were ever finished. During his employment Younger GC promises verbally (and in writing when he signed his resignation letter) to pay back the loan. He made similar verbal promises after he left his employment. It is now obvious to older GC that he is not going to be paid back his money. Can older GC threaten younger GC with a complaint to the CILB regarding younger GC's financial irresponsibility in failing to properly manage the funds on the two jobs and also for refusing to pay back older GC for the loan in order to inspire younger GC to repay the loan? If such a complaint is made, will the CILB sanction younger GC? Or, is this improper for older GC to make the threat in order to get paid the money back. Michael Romm Michael R. Romm, P.A. 1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020 Phone: (954) 557-8002 Fax: (954) 208-0022 mromm@rommlaw.com<mailto:mromm@rommlaw.com> This electronic mail transmission may contain confidential or privileged information. If you believe that you have received this message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication, including any attachments or enclosures, is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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