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Virginia Trial Lawyer
Virginia Trial Lawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 68
Experience:  Former Virginia prosecutor, now private practice attorney specializing in criminal defense & divorce
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2 individuals (myself and another) made an unsecured, undocumented

Customer Question

2 individuals (myself and another) made an unsecured, undocumented cash loan to an individual as seed money for his business. He promised repayment within 5 months at a very attractive interest rate. 1-year later, he has repaid nothing and when asked keeps making empty promises that "the money is coming in and we're almost there. He refuses to sign a document acknowledging that the loan exists. I am convinced that he scammed us and never intended to make good on repayment. My question: Do you think there is sufficient grounds to pursue a criminal charge of fraud?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Virginia Trial Lawyer replied 5 years ago.

Any witnesses to him taking the money?

 

How much money?

 

 

Customer: replied 5 years ago.
The other party (my son) acted as go-between to arrange the loan. Loan itself was conducted at my bank, in cash on 2 occassions. $30,000 the first time (part of that was cashier's checks but most in cash. $10,000 second time (all cash). Just he and I present when I handed over the money.
Expert:  Virginia Trial Lawyer replied 5 years ago.

Fraud? I don not know. If you set clear terms for the loan (repayment schedule, interest rate, etc) then it sounds more like a civil dispute. Prosecutors are loathe to bring charges when the underlying issue may will have a civil flavor: increases the chances of losing.

 

I suggest you consult a local attorney to explore pursuit of a breach of contract action. You can trace the cashier's check through the issuing bank, and you and your son can be corroborating witnesses.

 

After, and ONLY AFTER you are successful in any civil action should you push hard for criminal charges.

 

I hope my answer helps. If so, please click accept. Its the only way I get paid.

 

Thanks

 

Former Virginia Prosecutor

Virginia Trial Lawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 68
Experience: Former Virginia prosecutor, now private practice attorney specializing in criminal defense & divorce
Virginia Trial Lawyer and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for pointing me in the right direction.
Expert:  Virginia Trial Lawyer replied 5 years ago.

Thanks for the bonus!

FVP

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