According to the U.S. Postal Services I may have a federal claim against Royal Palm Vacations, also DBN Financial d/b/a Captial Financial. nMail Fraud Definition:nMail fraud involves an activity including concealment, dishonesty, trickery and/or deception conducted through the U.S. Mail. To be convicted of mail fraud a business must: Act with the specific intent of defrauding, have knowingly created the plan to defraud, have used interstate mail, have used false material representation in the representation in the plan. nWire Fraud Definition:nWire fraud is similar to mail fraud with the difference that the activity must have included the use of an interstate telephone call or electronic means such as the internet. Google this info under mail and wire fraud. nIn other words, if you were invoiced by Capital Financial by U.S. Mail, called 1-800-8806097 or received an email regarding a reservation or received a dunning letter from Royal Palm Vacations, you qualify for a federal complaint. n5 Elements of Fraud:n1. A false statement of a material factn2. Knowledge by the defendant that the statement is untrue.n3. Intent on the part of the defendant to deceive the alleged victum.n4. Justifiable reliance by the alleged victum on the statementn5. Injury to the alleged victum as a result. nIn other words, DBN Financial d/b/a Capital Financial and also Royal Palm Vacations knowingly made statements that were not true. In our decision-making process, we relied upon their statement to be true. And we have all been scammed out of thousands of dollars, leaving us in a worse position than before the fraud. If they had told me that (a)dealing with RPV would be problematic (b) we would have a low probability of obtaining rentals in the area that we wanted at the level we desired and (c) they would come up with inappropriate offerings in areas remote from our requested search, we would have excused ourselves and gone home. nFalse Pretenses:nFraud resembles theft in that both involve some form of illegal taking. Fraud requires an additional element of “False Pretense”” created to induce a victum to turn over the money. nThere are criminal statues to provide for punishment. Criminal punishment results in fines and imprisonment. nPunishment:nIn some states a plaintiff may recover the money that was lost. All states allow Punitive Damages in addition to actual damages. nIf you are 55+
you are considered in a “”vulnerable”” category. If you are 65+
the fines
imprisonment and damages increase. nWhen older victums are defrauded
these is some evidence that courts are using existing sentence mechanisms