TIME SENSITIVE ANNOUNCEMENT ~ FOR ANY AND ALL LOAN OFFICERS OR BROKERS WHO MAY HAVE HAD COMMISSIONS OR EARNINGS STOLEN OR MIS-APPROPRIATED THROUGH THE ACTIONS OF "RTM FUNDING" OR ITS OWNERS & PRINCIPALS, RANDY & TARA MILAM.
If during the latter part of the year 2005 or all of 2006 you had any dealings with the aforementioned company and individuals, and they deprived or defrauded you of your earnings or commissions, there may still be time for recourse.
The Texas Statute of Limitations for Misapplication of Fiduciary Property is seven years from the date the offense can be determined to have occurred. If you have already filed some type of motion with the state or federally, the Statute of Limitations may be extended or suspended during the time those motions are being litigated, but not always.
If you were a licensed Loan Officer or Mortgage Broker under their company or their Mortgage Brokers License for "RTM Funding" during that time and were defrauded of your earnings or commissions, (as I was) please contact an attorney who is familiar with the CRIMINAL CHARGE of Misapplication Of Fiduciary Property to see if you would still have time to file against them.
The filing of criminal charges may or may not lead to a settlement, but many times, if the criminal charges can be proven by the plaintiff, restitution is ordered by the courts.
According to Article 12.01 et seq. of the Texas Code of Criminal Procedure, here are the guidelines for the punishment on the Standard Value Ladder:
An offense under this section is:
(1) a Class C misdemeanor if the value of the property misapplied is less than $20;
(2) a Class B misdemeanor if the value of the property misapplied is $20 or more but less than $500;
(3) a Class A misdemeanor if the value of the property misapplied is $500 or more but less than $1,500; (4) a state jail felony if the value of the property misapplied is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the value of the property misapplied is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the value of the property misapplied is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the property misapplied is $200,000 or more.
TIME IS OF THE ESSENCE FOR FILING. Please consult a licensed attorney in your area who specializes in this type of law for information on filing.