Senator/Admiral William H Payne

William H Payne 1
William H Payne 2
Capitol Phone: (505) 986-4703
Office Phone: (505) 884-6872
Home Phone: (505) 293-5703
E-mail: william.payne@nmlegis.gov

1 Could I please speak with senator payne?

2 Subject of conversation:

SENATE BILL 6 46TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2003
INTRODUCED BY William H. Payne

3 What is the current status of that bill?

http://legis.state.nm.us/sessions/03%20Regular/bills/senate/SB0006.pdf

The amount of punitive damages awarded may be up to three times the amount of compensatory damages awarded to a claimant or two hundred fifty thousand dollars ($250,000), whichever is greater.

4 If the award is $20,000, then total award could be $80,000? Is this correct?

A. Punitive damages, if otherwise permitted by applicable state or federal law, may be awarded against a party in a civil lawsuit only if it is proven by clear and convincing evidence that the party acted with malicious intent to injure the claimant, or that the party deliberately failed to avoid unnecessary injury that the party knew the claimant was substantially certain to suffer.

(1) the severity of the harm caused by the conduct; (2) the duration of the conduct or any concealment of it; (3) the profitability of the conduct; and (4) criminal penalties, if any, imposed as a result of the conduct.

5 Settlement reasons.

6 Fraud committed.

7 second degree felony, within six years from the time the crime was committed;

Whoever commits fraud when the value of the property misappropriated or taken exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.

(5) for a second degree felony, nine years imprisonment;

8 In you legal opinion is settlement negotiation possible in a case when the opposing party has committed a second degree felony violation of law in writing?

30-16-9. Extortion. Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will.

Any of the following acts shall be sufficient to constitute a threat under this section:

B. a threat to accuse the person threatened, or another, of any crime;

C. a threat to expose, or impute to the person threatened, or another, any deformity or disgrace;

We, of course, don't want to be accused of Extortion.

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