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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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US Criminal Law Question....How do I prosecute a potential

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US Criminal Law Question....How do I prosecute a potential fraud suit ın the USA.I was induced to part company with $50k on the pretext to whom I wired the money was going to acquire rights to a certain technology. The party receiving the money even sent me a quote from alleged legal document indicating that he has acquired the rights. Subsequently the owner of the rights confirmed that he had not received the aforementionend $50k and the partial contract agreement sent to me was a fake.What can I do? Report the matter to the police and if so where? Go straight to the FBI? What are my options? I have a very complete file---emails, bank wire transfer details etc.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

Your options lie in both civil court and in the criminal law.

Did you ever actually meet the person in person to whom you sent this money?

How did you find out about this deal?
Customer: replied 1 year ago.

I know the person very,very well.I was the Chairman of his company for 5 years. And the fraud is related to that company....I have numerous dealings with him but this is one where he ripped me off. I am right on top of what he did but need to know how to bring him to justice.The 50 grand is important but not the prime reason for going after this person.Forget civil so it's criminal or nothing!.

Expert:  TexLaw replied 1 year ago.
Let me caution you on your expectations first. The law enforcement agencies routinely refuse to prosecute criminal fraud and/or thefts that are related to business transactions and breaches of contracts, and will generally refer you to the civil courts to enforce on your own.

That being said, we need to determine if a federal crime or a state crime has been committed.

Do you live in the same state as the person who took the money?

Did the money cross state lines?
Customer: replied 1 year ago.

I am now a permanent resident of Turkey but was living in the UK at the time the fraud was committed. I am a British citizen but had US citizenship when the fraud etc. I renounced my US citizenship in May 2012. The money was sent from Utah to Georgia. It was sent from my personal account to a corporate account ''controlled'' by the perprator albeit that his son and daughter are the directors. This is a tax shield and he already has big problems with the IRS. The $50k was supposed to go to a company in Texas to purchase additional distribution rights for a technology owned by said company.The perpetrator confirmed the money had been sent to the company and showed me an alleged addendum to the existing distribution rights agreement allegedly. Later it became clear that the company in Texas had not received the money and that the addendum was a forgery. Over the past year iy has become clear that said perpetrator is not much more than a fraudster and conman. He is being chased by shareholders of the UK company that I was Chairman for having pocketed almost a $1 million of shareholders funds. He stole almost $1 million from me by offering to act as bailee for antiques and valuables to that approx value and then not returning them. Apaprently his Father was shot by unhappy business associates and he's a disbarred attorney. I KNOW that he has not declared several million of income to the IRS. This will give you some idea of what I'm trying to deal with and why the civil route would be a waste of time and money. This guy knows how to avoid conviction on that front...I am hoping that the ''50k fraud'' is so well documented that if we can get a criminal investigation underway and help me and others bring this crook to justice. I do hope you will have the time and inclination to give some real thought to this puzzle and be able to give me some guidance of how to make some progress towards the end objective.Many thanks.

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

This kind of criminal action needs to be reported to the FBI and the SEC.

You may report a crime to the FBI by contacting: http://www.fbi.gov/contact-us/

You may report a crime to the SEC, which enforces violations of stock holder protection statutes, at www.sec.gov/complaint.shtml‎

When you contact both of these and make a report, you want to get the complaint number. Then you want to tell the investigator that you have a complete file that builds the case against the perpetrator and you want to get a name and address of where you can send the file to each Agency.

At that point, the investigator takes it and decides whether or not to investigate further. If an investigation is completed, it is next transferred to the Department of Justice who will request a warrant for the man's arrest if they believe the case is worthy of prosecution.

If you really want to push this through, the best thing to do would be to hire a Washington DC law firm that specializes in white collar crime. They will have contacts within the SEC and FBI that they can utilize to press the charges and make sure that the matter is adequately investigated.
Customer: replied 1 year ago.

Excellent...Any thoughts on a Washington DC white collar crime law firm?

Expert:  TexLaw replied 1 year ago.
We can't make a direct recommendation, but I can say that some of the big national firms would be best on this type of project.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
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