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.
Mail Fraud Definition:
Mail 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.
Wire Fraud Definition:
Wire 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.
In 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.
5 Elements of Fraud:
1. A false statement of a material fact
2. Knowledge by the defendant that the statement is untrue.
3. Intent on the part of the defendant to deceive the alleged victum.
4. Justifiable reliance by the alleged victum on the statement
5. Injury to the alleged victum as a result.
In 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.
False Pretenses:
Fraud 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.
There are criminal statues to provide for punishment. Criminal punishment results in fines and imprisonment.
Punishment:
In some states a plaintiff may recover the money that was lost. All states allow Punitive Damages in addition to actual damages.
If you are 55+, you are considered in a "vulnerable" category. If you are 65+, the fines, imprisonment and damages increase.
When older victums are defrauded, these is some evidence that courts are using existing sentence mechanisms, particularly upward adjustment for offenses involving vulnerable victums.
That's right folks. The Fed is looking out for us old folks and they may come down hard on those who defraud us. Did someone mention treble damages?
I recall in research that the Fed is not deterred by bankruptcy either. They might pierce that veil and persue the participants until satisfaction.
So fellow travelers, I beseech you to call the U.S. Postal Inspection Service at 1-800-3722-8347 and tell them your story. I found them to be quite sympathic to my tale. From there they will direct you as to how to file a claim. When I chatted with them, they did not show any complaints against DBN Financial d/b/a Capital Financial and also Royal Palm Vacations.
If you get any emails or letters from Royal Palm Vacations et al, save the envelopes and print the emails.
Please do not use this info to dilute the effort of the Florida AG. They will persue action on a civil level. File a complaint with them first: Ed Lary, 1-850-414-8823. The Feds may persue on a criminal level. It is time the full force of the law rained down upon those people. This info may be Googled to verify.
Mad in sc
Lowcountry, South Carolina
U.S.A.