Notice of Fraud Claim against Ara Asadourian and Stafford, Owens, Piller, Murnane & Trombley
Dear Mr. Asadourian and Associates: Please take NOTICE that your client, Marsha Finnan, presented fraudulent claims concerning marital assets which are partially described in papers received by your office over the years of the action. In particular, Mr. Asadourian knew or should have known that he and his client were committing fraud. I make you aware of my age and disabilities. . Please refer to DR 4-101-C-3 and DR 7-102-A and, in particular, DR 7-102 B concerning revealing fraud. I’ve copied some applicable law for your consideration.
I asking you to mitigate or eliminate your damages to me by supporting my fraud relief request against Marsha Finnan which you will receive in a few days.
___/s/_________
Terence Finnan 8/14/2009
Section 349 (a) states, "Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful."
Section 349 (f) states:"any person who has been injured by reason of any violation of this section may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney`s fees to a prevailing plaintiff."
A. Penalty for offenses against elderly
the court shall consider, in addition to other appropriate factors, the extent to which the following factors are present:
(1) Whether the defendant knew that the defendant`s conduct was directed to one or more elderly persons or whether the defendant`s
conduct was in willful disregard of the rights of an elderly person;
(2) Whether the defendant`s conduct caused an elderly person or persons to suffer severe loss or encumbrance of a primary residence, principal employment or source of income, substantial loss of property set aside for retirement or for personal and family care and maintenance, substantial loss of payments received under a pension or retirement plan or a government benefits program; or assets essential to the health or welfare of the elderly person or whether one or more elderly persons were substantially more vulnerable to the defendant`s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, and actually suffered physical, emotional, or economic damage resulting from the defendant`s conduct.