Sources of Help
For those who are looking for help,
it is important to understand that most victims of fraud cannot recover the
money that was taken because the perpetrator will not pay a judgment if he or
she is sued. Occasionally if you act quickly, you can freeze the assets of the
person who cheated you. Sometimes there may be a responsible person who has
exposed himself to liability because of proximity to the fraud (e.g. sitting on
the board of directors or negligent supervision of an employee). Unless you can
proceed against a "deep pocket" defendant or want to spend money on lawyers "for
the principle", all you can do is to clean up the damage and learn from the
experience.
Here is a summary of potential sources of help:
Police and Prosecutors: The criminal system is
overburdened and smaller white collar crimes are frequently not pursued. Often
the fraudulent scheme involves a complicated "business plan" and the police will
not see an obvious theft. They will tell you it is a civil matter. If you can
convince someone to prosecute, the court will order the perpetrator to make
restitution to you. Rarely can you expect to be made even partially whole from
the restitution because the convicted person either does not have the ability or
desire to pay you.
State and Federal Agencies: There are a number of
agencies that work on consumer complaints and are sympathetic to victims. Rarely
(practically never) do they produce any monetary recover for the victim. If the
perpetrator has a license, the licensing agency should also be contacted. All
that will likely be accomplished is some satisfaction of doing something.
Lawyers: Attorneys provide access to the civil courts.
This is an expensive proposition and should not not be pursued unless there is a
deep pocket defendant or you have money to burn. Lawyers will not take your case
on a contingency fee basis unless there is a large sum of money at stake and a
good claim against a solvent defendant.
Small Claims Courts: These courts provide easy and quick
access to justice. They are inexpensive but claims are usually limited to less
than $5,000.
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Police and Prosecutors |
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State and Federal Agencies |
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Lawyers |
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Small Claims Courts |
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Links to Fraud Victim Websites |
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Ideas for Finding Perpetrators |
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