That is the $64,000 question today! People fib to people, family, co-workers, neighbors, friends because they can, and probably because they have trust issues. But, I am not a psychologist so will not get into why people lie. The question however is when those same people lie to the government, is it fraud?
Here is another question, when the government knows and has proof of the lie, should they prosecute?
For example, I filed a complaint with numerous tax, licensing and enforcement agencies against a travel agent located in San Luis Obispo, California for apparently violating so many codes, laws and requirements that even I lost count. With my complaint I provided over 20 documents as evidence, many of which were written by the travel agent or executed by her.
The complaints were filed with the Florida and California Seller of Travel Enforcements Agencies, state attorney generals, district, city and county attorneys, US attorney general; Florida, California, and local Departments of Revenue, the US Treasury Inspector General, and the Florida and California Departments of Consumer Affairs. All have copies of the documents. There are others that were notified, but you get the general idea.
It appears the travel agent has primarily ignored all inquiries by these agencies with three exceptions that I know of. She typed and submitted the same letter to the Florida Department of Agriculture & Consumer Services, the Better Business Bureau of Santa Barbara, and the California Department of Justice Seller of Travel Enforcement Unit. I am completely in awe of this travel agent’s blatant willingness to, shall we say bend the truth when addressing the government. I always thought lying to the government was breaking a sacred oath and they would knock on your door, take you away in handcuffs to some unknown place, and no one would ever see or hear from you again.
I thought that when you fib to the government, it was fraud, and they had the power to take retribution anyway they saw fit or was appropriate, within the law, of course. Perhaps I have been wrong all these years.
Let’s look at some of the statements in her letter. The first is the very first sentence. “…has been slandering me with false, unprivileged statements…” My initial response is that from the fact she actually sent the letter and the first sentence, the letter constitutes slander and libel against me. She has been unable to disprove any statement I have made and all these agencies have over 20 evidentiary documents supporting my claim. She has never identified what the unprivileged statements are but I can tell you that with the exception of maybe two telephone calls, all communication has been via email which is public communication. Any information I have obtained has been from public sources, or her websites, and is public information.
“…decided she would trademark and steal my …branding. …said that once she got the use of the trademark then myself and my speakers would have to pay her royalties…” I did tell her I was filing for service mark protection on the program title so that she and I were protected and to prevent others from using the brand. I also told her orally, and in writing, that she would not be subjected to royalties. She also failed to state that after her rampage, I changed the status of the service mark application so that it would not be processed.
“…email me Jan 17th, 2011 to cancel her cruise through Costa Cruises lines, which I did on January 18, 2011…” There was no email on January 17, 2011 and she has been unable to generate a copy of the email. There was an email on January 14, 2011 where I notified the travel agent that Costa never got the $800 deposit she told me was required. They received only $200.
“The $1,000 that … keeps repeating, was a joint business venture for me to put together a seminar on a cruise ship for her and she wanted two of them. I charge an initial $500 to start working on putting her program together…” The travel agent convenient fails to mention there was a joint venture contract agreement which she signed on September 30, 2010 in which it specifically states “Initial Deposit for Block of Rooms: $500 (for cruise line), plus 2.9% fee to Academy Travel”. The agreement also states “… decide to cancel the cruise at any time prior to the final payment due date… (each) shall suffer their own losses for any pre-sailing costs incurred…”
What the travel agent also does not address is that the agreement was canceled by me in writing on October 15, 2010. On October 19, 2010 the travel agent acknowledged the cancellation, acknowledged the receipt of the deposit money, and also informed me she had decided to make the arrangements anyway and had sent the deposit money to Carnival Cruise Line. The travel agent has never been able to provide any proof arrangements were made with the hotels or cruise line, either before or after she breached the contract. The hotels and the cruise line have also not confirmed any arrangements were made.
The travel agent states “…reserved the right to keep the initial $500 deposit per cruise as money earned.” Not, if she did not make any arrangements, and not if she did them after the contract was cancelled and before any arrangements were made.
Of the $1,800 she owed me, I did receive the refund of the $800 for the deposit on the Costa cruise which she cancelled without authorization.
She is correct in that I did get a letter from her attorney. However, after I provided him with information pertaining to the evidentiary documents which I have in my possession and which have been provided to all parties, I never heard from him again.
In providing her responses to these agencies, it appears she has lied to government agencies and they each have the supporting documentation to prove it. So, back to the original question, is lying to the government fraud?
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