Finding a District Attorney..... how to?

[Francois_Dumas]

Folks, I'm not a US citizen and have trouble already understanding our own laws and customs, let alone those on a far away continent.... so here's a question:

 

if you think you've been swindled and out of a lot of money that's promised to come back, but doesn't, what do you do?

1. go to the police ?

2. find a district attorney?

3. go to a lawyer?

 

Any insight is highly appreciated (and I don't mind jokes at all, but this IS a serious matter, so any serious answers would also be welcome )

 

Francois

[Whip]

I don't think you gave me enough info to help.

 

If ya feel like it send me a PM and I bet we can work together to come up with somethin.

 

[Francois_Dumas]

Typing one now Larry

[David]

It'll depend a bit on what sort of swindle, and who else might have been victimized. If it's financial, you'll likely get an official at the state or federal level involved.

 

The other distinction is criminal or civil, as those give you different options.

 

In some cases, you might start with a reputable private detective with the assistance of a forensic accountant.

[Francois_Dumas]

Thanks David. Yes, financial. People have been made to invest money in a movie, or movie company ... and the movies never gets made, nor the 10-fold pay-out that was promised paid.

 

When asking for the money back, this is promised, but not acted upon.

 

Victims seem to be (new) US citizens that do not speak the language well and have no knowledge of financial stuff or contracts.

 

Not sure if this is civil or criminal.

[AZKomet]

Thanks David. Yes, financial. People have been made to invest money in a movie, or movie company ... and the movies never gets made, nor the 10-fold pay-out that was promised paid.

 

When asking for the money back, this is promised, but not acted upon.

 

Victims seem to be (new) US citizens that do not speak the language well and have no knowledge of financial stuff or contracts.

 

Not sure if this is civil or criminal.

 

EVERY State has an attorney general. They are the ones that can pursue criminal AND civil cases against a company that may committing fraudulent schemes and artifices.

 

Interpreters are available through the court system and the language centers of the state courts.

 

Which state????

[Twisties]

Not sure if this is civil or criminal.

 

Probably both.

 

Criminal has as it's goal stopping the activity and punishing the wrongdoers.

 

Civil has as it's goal recouping damages.

 

 

[Francois_Dumas]

Florida, Dave.

 

Thanks Jan.

[David]

Alright, now that we know a little more, unless this is widespread, I'd hire an attorney in Florida with experience in civil litigation related to financial matters.

 

Keep in mind that there's no cheap, easy way to do this, and that he's likely swindled people before and knows how to cost plaintiffs time and money.

 

Something else to think about: a ruling in your favor (even if it's a summary judgment in which he does not take part) means nothing until you collect it. And if there's nothing to collect (i.e., he has no assets), you've just wasted a lot of time/money. And in the end, a bankruptcy will essentially nullify a civil judgment.

 

Maybe before hiring an attorney, I would:

 

--do some sleuthing...you need feet on the ground

 

--find some other victims and work together (even involuntary bankruptcy)

 

--run a quick check on him through knowx.com or something similar

 

Then decide if this is worth the trouble. Maybe it's just what we call "stupid tax" in the investment world.

[upflying]

This should help you. Sounds like you were sold securities. State attorney general generally prosecutes this stuff but much of it ends in lawsuits instead of jail time.

http://www.weblocator.com/attorney/fl/law/secven.html

[Richard_D]

As far as assets , he has a nice home if that counts.

[tallman]

Francois,

I guess this is the same situation you previously posted about involving your relative, an investment to produce a "movie", then failure of the person who got the money to do so.

There are so many ways that this type of fraud can happen.

Your relative needs to go to the State Attorney for their county.

then lay out the facts, produce all docum,entation, and see what they are told.

I hate to say it, but the swindler may be hidden by a corporate shield of a bogus company that has no assets and there won't be much that can be done.

It will partly depend on what, if any, contractual agreements were made, with what party(ies), and what, if any consequences for failure to perform were written in the contract or are available by law.

My WAG is that the money is gone, there is little that can be done and pursuit that requires further expenditures of capital will be wasted money.

Even if a favorable judgement is rendered (which would require time and money) collecting on it may be next to impossible.

The swindler can transfer assets, title to assets (home is protected) and go on w/his life.

Sorry, but I don't think this will have a happy ending.

Best wishes.

[David]

As far as assets , he has a nice home if that counts.

 

That doesn't mean he has any equity in it, though. He may be LIVING in a nice home, but that's not the same thing as OWNING it.

[tallman]

In Florida, I beleive it would be very difficult to get at any equity he might have.

Many ways to protect your homestead.

BTDT w/a former IRS agent/attorney who ripped off my parents, his church, and others for seven figures.

Fl Bar Ass. allowed him, and his son, who both controlled the trust that the money was stolen from and who both had to endorse the checks, to resign w/out penalty.

Dad did 8 mos. Federal time, hasn't paid a penny in restitution, son moved to Mobile where he is a major player in prominent law firm there.

Proof galore, signatures on checks that were from an account only they could acccess, but SA's office had bigger fish to fry and quicly plead it out via Fed's despite the number ov victims, the large amount of money involved.

At the time my dad was blind, in a wheelchair and my mother handicapped.

Since that was nearly 20 years ago, maybe they're tougher on white collar now.

We had a PI investigate the men, both hid their assets and moved them (titles changed to wives etc) and thumbed their noses at the victims and the system.

The dad doesn't practice law any more but is probably up to no good.

The SIL however, is still practicing in Alabama and a prominent Society page frequenter.

I no longer harbor an false impressions abpout "justice". "restitution" or "decency" when it comes to certain individuals.

 

Sorry to digress, Francois, but I just don't have a good feeling for what is probably a small investment, in a risky venture, with an unknown entity, jumping to the top of some ADA's to do list.

I hope I'm wrong.

[AZKomet]

As far as assets , he has a nice home if that counts.

 

If you are referring to the swindler's home, the states have protections built in to prevent one loosing their home via litigation damages. Some states, like Florida are VERY protective of civil violators which is why OJ Simpson moved there in the first place. His assests were protected to a degree under Florida laws.

[Lets_Play_Two]

"Some states, like Florida are VERY protective of civil violators which is why OJ Simpson moved there in the first place. His assests were protected to a degree under Florida laws."

 

Florida's homestead law only exempts certain real property from forced sale. This is the homestead exemption and has residency and filing requirements. There is no requirement that you be a civil violator to be eligible. It is very liberal in that there is no limit on the value of the home that is protected.

[AZKomet]

I'll ship you the federal law if I can find it.....

[Francois_Dumas]

Yes Tim, same issue... $ 50.000 gone to some fuzzy film company and no return of investment in 3 years.

 

Doesn't sound too good from all I am reading, and I didn't expect this to be a very positive experience. But am trying to figure out how to possibly help Carmen, seeing what can and what can't be done in the end.

Would not be easy even when being a Floridian, let alone being 'stuck' in Holland and very remote from anything in this case.

 

Your collective wisdom and experience is all I have, really, and much appreciated !

[Richard_D]

I know a 4 foot carpet salesman you can send down to wack em ! (inside joke )

[TN_R_Girl]

Not sure if this is civil or criminal.

 

Probably both.

 

Criminal has as it's goal stopping the activity and punishing the wrongdoers.

 

Civil has as it's goal recouping damages.

 

 

Jan, exactly right

 

However, if a criminal fraud has been committed, most criminal statutes provide for restitution as part of any sentence/plea agreement.

 

Francois ~ You might start by checking out this website for the Florida Attorney General. I believe there are links provided telling you how to file complaints, etc. http://myfloridalegal.com/

 

Good luck.

[Whip]

I know a 4 foot carpet salesman you can send down to wack em ! (inside joke )

 

 

hmmmmmmmm

 

You shoulda let him drown....and it was 5 foot.

 

[Richard_D]

I heard it started at 5'6 and got down to 4 . I thought it was funny and asked what great comebacks he gave to stick up for me. I'm glad you guys were talking about me because it means you like me. I hope to make it on one of your adventures some day. By the way I promised not to say who said what to me. Nope you'll never get it out of me !

[Francois_Dumas]

 

Thanks everybody !

[Mike]

Francois--

 

Here's a general overview of the avenues that could be pursued apart from hiring a lawyer. One thing to understand about our system is that, while obtaining restitution for victims is an important goal of our criminal justice system, the primary focus is on catching the bad guys and tossing them in jail. Often, a criminal conviction will provide those defrauded with a strong basis for a subsequent civil suit, but in cases like you describe the money has often vaporized.

 

Generally, while the federal government might have jurisdiction to investigate and prosecute something like this, particularly if it's a large scheme, this is something that is more likely to attract the interest of state or local authorities. Each state has an attorney general, a state officer who has authority to investigate and prosecute fraud within the state. In Florida, the place to start would be here. Generally, for the type of fraud you describe, this would be the best place to start. Florida has a system of "State Attorney's" offices, which provides another option. You can see a map giving the location and contact information of those offices here.

 

What I'd suggest is that the individuals affected by this gather up all the documentation they have relating to the fraud, get it organized so that it's easy to take to the Attorney General or a State's Attorney's office, and make the call. If they do not get a response, I'd follow up with a written complaint, accompanied by the documents that would illustrate the fraudulent scheme.

 

Ultimately, while this is the right way to approach this, you should understand that a scheme like this may or may not capture the attention of the authorities--with the current emphasis on drug crimes, immigration issues, and schemes to defraud senior citizens, there may not be enough resources to devote to this, particularly if it appears only to involve one or two victims. If that's the case, then the only recourse would be to pursue it as a civil suit by hiring a private attorney.

[CoarsegoldKid]

Sounds like an episode of Burn Notice. Write a book. Victim might be able to recoup that way.

 

Slimes like this deserve to be thrown in the alligator pit.

[Francois_Dumas]

That's clear Mike, many thanks for explaining it. I am forwarding this too to my niece.

 

She knows of at least three people already that are in the same position. It also seems they are targeting 'new' citizens that don't know the language too well yet and don't know know anything about how things should be handled legally.

 

I also found out that there is a close link with Ameriplan, and further investigation (through the Internet) has revealed a few 'anomalies' in that operation too.

 

I also found that the partner of Pamplin Film Studios is a lawyer (but presented as co-producer) and that they recently hired an ex-cop turned private investigator as their 'security officer'. I guess they've been busy covering their bases already, making it more difficult for 'normal' people to touch them.

 

Thanks again !