TROTT V. DEAN WITTER & CO.
438 F.Supp. 842 (1977)
NATURE OF THE CASE: Trott (P) sued Dean Witter (D) for restitution to recover the value
of his services for uncovering a fraud.
FACTS: P, in the course of collecting a debt for printing services eventually met Joey
Franzese who was going to let P in on a deal to defraud D. Joey occupied a position on the
Margins Desk at D, where he was able to negotiate transactions resulting in payments of
money to fictitious accounts, whose proceeds Joey himself would appropriate. Joey showed P a
check for over half a million dollars which allegedly was the product of one of these
transactions. P was fearful that the company would not believe his accusation against an
upper-level employee and disturbed also that Joey was connected with organized crime, would
not let him walk away unharmed with such information, P decided to go along with the plan
until a more appropriate occasion arose to unmask the criminals. P participated in a scheme
in which Joey issued two checks, totaling over $275,000, from D's account. As the fraud
reached its final stages, P contacted Federal authorities. They promised him protection if
he would continue to cooperate with Joey long enough for the government to secure evidence
to convict them. Joey was convicted, and the loss of D's money was prevented. P suffered
considerable distress as a result of a change of identity and relocation through the Federal
Witness Relocation Program (including a halving of his income), sued to recover damages from
D. D moved to dismiss the complaint or for summary judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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