I Contractually hired someone to do a job for me. Prior to signing the contract, I researched him & his name surfaced online with several arrest records in Vegas. When asked about it, He said that he is mistaken for that person all the time + that the person online was NOT him, stating that the online person is 45 & he is 38. Giving this person the benefit of the doubt based on the common name factor, I moved forward with business (After presented with an ID which I now am sure was a fake), & I paid this person over $5,000.00, I still have receipts. 2 months later found out my earlier suspicions were right. This guy & the same person online with the criminal record are the same. Was this an act of obtaining money by false pretense? If so, is the contract now null & void? Grand Larceny?
In addition, I know that this person was previously arrested & serving time for theft & due to be released soon. Though being released soon, He is facing a court date in early November for a Felony. I said that to say that I am willing to give this person the opportunity to pay back my money between his release date & days before his next court date. If I am NOT reimbursed by his next court date, I will file charges with the Nevada DA prior to this persons next court date. Should I make that proposal to the person or go ahead and file charges with the Las Vegas DA? Its more important to me to recoup my money than this person sitting in prison & I'm left with nothing. Advice?