[fdecelle]

I'm not an attorney, nor do I play one on TV, but my Talmud head makes me think that that won't fly very far. Jury won't like the 12 points you were getting, defense attorney might claim that the client is erratic and untrustworthy for being willing to accept a "loan" for a 1.499 factor rate (200% APR!) with 5% of fees. Maybe you are rebating him a portion, there's no way to know.

Eye witnesses are the most unreliable sources of information.
The burden of proof appears to be on your side to somehow prove that the lender was the only one at fault, and your fees weren't at fault. And your intentionally hiding them behind the "sell rate" wasn't at all coloring the client's decision-making process.

I'm not worried the client knowing how much money I made or would have made - he doesn't give a **** - he knows we all need to make a living. The reason the deal died had nothing to do with that - I just brought that up because I know that is out of the ordinary. But the fact that the lender was sending the merchant screenshots of email exchanges between him and I is totally wrong. I just want everyone to be careful here.