Edwin Seymour OC Bullion bought and paid for my Gold with a check without funds Corona Del Mar California

Subject: Formal Demand for Immediate Payment of $2,882

Dear Mr. Seymour,

This letter serves as a formal demand for payment regarding the check in the amount of $2,882, dated October 21, 2024, which you issued to me and which was subsequently returned due to insufficient funds. Under California Penal Code § 476a, knowingly issuing a check without sufficient funds in the account constitutes a serious offense and may be prosecuted as a misdemeanor or felony depending on the circumstances in civil court. 

You are hereby required to fulfill the payment of $2,882 via Zelle to me within two (2) days of receiving this letter. Failure to comply will leave me no choice but to file a formal police report with the District Attorney’s Office for intentional fraud, issuing a bad check, impersonating another man, extortion and additional violations under California law.

However, In this case you are committing criminal activity which I have collected substantial and irrefutable evidence to take you to court as a criminal on 4 separate offenses for a total of no less than 10 years and $40,000 which is just the tip of the iceberg considering your attempt to extort and threaten me bodily harm by the people you “work for” that didn’t like that I sold you gold that YOU tested as real in person and then decided to say it was fake the next day telling me the people you work for were going to come after me, then you recited to know my where about from researching my name on facebook, that I was a yoga teacher, and my business associations. 

As you may know, penalties under this law include up to one year in county jail for amounts less than $950 or, for greater amounts such as the check you wrote me for $2882 is more than just a  potential felony which can result in a more extended prison sentence. I strongly urge you to remit the full payment immediately to avoid such consequences.

Furthermore, I have communicated with Elemetal Testing, who confirmed that no testing was performed on my gold as you had represented. Fraud (California Penal Code § 484)The test results you provided to me have been verified as fraudulent. 

In addition, I have contacted Mr. Jon C, who has expressed a willingness to assist in providing documentation and testimony to further any criminal prosecution necessary in this matter because you forged his signature and impersonated him which he is not very happy about. We will be utilizing the full force of the Orange county District Attorney’s office and both of our combined efforts to bring you Justice in the civil and criminal courts for your case.

In California, forging a signature and impersonating someone are serious criminal offenses, governed by several statutes, including Penal Code § 470 and Penal Code § 529. Below are the legal penalties associated with these crimes:

Forgery (Penal Code § 470)

Forgery involves signing someone else’s name, faking a document, or altering an official document with the intent to defraud.

Penalties:

• If the value of the fraud is $950 or less, it is typically charged as a misdemeanor:

• Up to 1 year in county jail.

• Fines up to $1,000.

• If the value exceeds $950, or under certain circumstances (e.g., prior convictions), it can be charged as a felony:

• 16 months, 2 years, or 3 years in state prison.

• Fines up to $10,000.

Forgery may also result in restitution to the victim for losses incurred.

Aggravating Factors

Both crimes may carry harsher penalties if they:

• Involve significant financial losses.

• Affect a public entity or a vulnerable individual.

• Are committed as part of a larger scheme or criminal enterprise.

Forgery and Fraudulent Documentation (California Penal Code § 470)

Creating a falsified gold metal test with the intent to deceive constitutes forgery.

Penalties:

• Misdemeanor (if value involved is $950 or less):

• Up to 1 year in county jail.

• Fines up to $1,000.

• Felony (if value exceeds $950 or in aggravated cases):

• 16 months, 2 years, or 3 years in state prison.

• Fines up to $10,000.

Forgery may also result in restitution to the victim for financial losses.

Unauthorized Use of a Company’s Logo (Trademark Infringement)

Using a company's logo without permission violates California Business and Professions Code § 17200 (unfair business practices) and federal trademark law under the Lanham Act (15 U.S.C. § 1125).

Penalties:

• Civil Consequences:

• The company may file a lawsuit for:

• Statutory damages ranging from $1,000 to $150,000 per infringement (under federal law).

• Actual damages and profits gained from the misuse.

• Injunctive relief to stop further misuse.

• Legal fees and court costs.

• Criminal Consequences (if intent to defraud is proven):

• Fines up to $250,000 per violation.

• Imprisonment for up to 10 years (federal criminal penalties for trademark counterfeiting).

Fraud (California Penal Code § 484)

Submitting a forged metal test report to defraud a buyer or another entity constitutes fraud.

Penalties:

• Misdemeanor or felony charges depending on the financial loss and intent.

• Jail time (up to 1 year for misdemeanors, up to 3 years for felonies).

• Fines and restitution.

False Advertising (California Business and Professions Code § 17500)

If the forged test was used to promote or sell gold under false pretenses, it violates laws against false advertising.

Penalties:

• Civil Penalties: Fines up to $2,500 per violation.

• Criminal Penalties: Up to 6 months in jail and fines up to $1,000 for individuals.

Aggravating Factors

The penalties may increase if:

1. The forged test caused significant financial losses.

2. The fraud was part of a broader scheme.

3. The victim is a vulnerable individual or business.

4. The logo misuse misled the public or harmed the company’s reputation.

Your Letter to me which impersonated Jon Cavouto is also considered extortion in case you are not aware of the penalties here they are:

Extortion, often referred to as "blackmail," is a serious crime in California governed by Penal Code § 518. Extortion occurs when a person unlawfully obtains money, property, or services from another through the use of force, fear, or threats, including threats of harm, exposure of secrets, or official misconduct.

Key Elements of Extortion

To prove extortion, the following elements must be present:

1. Threat or Use of Force: The perpetrator threatened to:

• Harm the victim or their property.

• Accuse the victim of a crime.

• Expose a secret or embarrassing fact about the victim.

• Intent to Obtain Something of Value: The perpetrator aimed to gain money, property, or services unlawfully.

• Consent Was Coerced: The victim was forced to comply due to fear of the threat being carried out.

Penalties for Extortion in California

1. Extortion Under Penal Code § 518
Extortion is classified as a felony in California.

• Imprisonment:

• 2, 3, or 4 years in state prison.

• Fines:

• Up to $10,000.

• Restitution:

• Payment to the victim for any financial losses caused by the extortion.

2. Aggravated Extortion If the extortion involves aggravating factors such as:

• Threats against public officials.

• Extortion as part of gang-related activity.

• A pattern of extortion involving multiple victims.

Penalties may include:

• Enhanced prison terms.

• Additional fines and charges.

3. Extortion of a Public Official Threatening a public official to compel them to act (or refrain from acting) in their official capacity is considered aggravated extortion, which carries additional legal consequences.

4. Attempted Extortion Even if the victim does not comply with the extortion attempt, the act of attempting extortion is a crime punishable by:

• Up to 3 years in state prison (felony).

• Fines and potential restitution.

Defenses Against Extortion Charges

Possible defenses include:

1. Lack of intent to instill fear or force.

2. The alleged threat was not specific or credible.

3. The victim's consent was not coerced.

4. False accusation or insufficient evidence.

Civil Consequences

In addition to criminal penalties, victims of extortion can file a civil lawsuit to recover damages for financial or emotional harm caused by the crime.

Important Note

Extortion is treated severely by the California criminal justice system because it involves coercion and abuse of power. If convicted, it can result in long-term imprisonment, significant fines, and a permanent criminal record.

I will also pursue civil and criminal remedies for damages. Your failure to resolve this matter immediately will result in legal and potentially criminal action against you. I trust that you will recognize the severity of this situation and act promptly to rectify it.

This letter is sent without prejudice and does not waive any of my rights to pursue further legal or equitable remedies as necessary.

Sincerely,
Marcelo Hamui

Enclosures:

• Copy of returned check

• Impersonating Jon Cavouto

• Fraud Metal Testing

• Intent to Defraud and extort