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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100506
Experience:  Lawyer
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My friend told me that this exporter Compay or Vancouver

Customer Question

my friend told me that this exporter Compay or Vancouver dealership would pay me if I went andown bought a luxury Mercedes car as a straw buyer it's called I think . So my friend did all the paperwork and I got the bill of sale for the car and they deposited by wire transfer money into my account . The morning I went to go pay for the car with a bank draft the dealership cancelled the purchase and returned my deposit . So then I deposited the bank draft into my account I began spending out of the 90000 I spent 65000 on bills and other things I know I shouldn't have . I gave him bank the reminder of the money . Is this criminal or civil and can I face jail time . ? The company is an exporter obviously so would they sue me ? And if they do what am I looking at
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Are you saying that you knew that this was essentially a scam from the beginning? So you agreed to participate in a scam and then essentially ripped off the scammer? I'm not trying to judge you but I'm just trying to figure out what exactly you were thinking and what happened here.
Customer: replied 1 year ago.
My friends entire family did it he's dad and mom and sisters so I trust him but after research I realized it's a gray area in whether it's legal or not . I didn't steal the money it was given to me and I would like to pay it back I've paid 30 percent already so roughly 27000. I've never even seen or spoken to the company my friend did all the paper work and then he told me to check my account and their was 89000 dollars extra for the car price
Customer: replied 1 year ago.
The dealership cancelled because they thought the car was going to be exported which I get fined apparently 10000 if it does in the first year .
Expert:  Debra replied 1 year ago.
how much do you owe now, and who do you owe it to?
Customer: replied 1 year ago.
I owe around 60000 and the company is somewhere in Vancouver don't even know the name or have any paperwork given tome it's a dealership for luxury cars
Expert:  Debra replied 1 year ago.
Who do you owe the money to? Do you owe the money to your friends?
Customer: replied 1 year ago.
No I owe it to the guy that wire transfered the money that I never spoke to my friend speaks to him only... the guy I owe works for a luxury dealership don't know he's name . . Or what they do with the cars I never went thru with it so not sure how the process works
Expert:  Debra replied 1 year ago.
just to conclude: when you were sent that money you knew that you were being the middle person in some sort of scheme but you also knew that you legally could not keep that money but instead you used it anyway?
Customer: replied 1 year ago.
I didn't know it was scheme I was told that the reason we do it like this is because these luxury cars are allowed to be sold one per person so they find people to do it and I was told it was 100 percent legal. After research I read contradictimy articles saying legal and some saying not legal . As for spending the money I thought since it was in my account I could spend .
Customer: replied 1 year ago.
But ya it's essentially not my money and want to pay back which I already started doing
Expert:  Debra replied 1 year ago.
As the money was sent to you to be given to someone else it is possible that the police will consider this to be fraud. However, it is not likely the case that they would go to the police because it sounds like they were trying to commit fraud, and at the same time the police will likely say that this is a civil matter because the money was given to you by this person. Whether they are committing fraud or not, though, you have no right to keep their money of course, and so the most prudent thing for you to do is to pay them back at once. As well, if they were to call the police and the police would see that you have already made restitution the police will less likely want to charge you and even if you are charged and convicted your sentence would be less given that you made restitution even before you were approached by the police.
Customer: replied 1 year ago.
Convicted as in do I go to jail ? Or ishould it a civil matter and I don't go to jail ?
Expert:  Debra replied 1 year ago.
If you are sued you would not go to jail, if you are charged by the police then jail would be a possibility and you would reduce this possibility by making restitution now.
Customer: replied 1 year ago.
How would I be charged by the police ? If the company called and told the police ?
Expert:  Debra replied 1 year ago.
If anyone reported this to the police you could be charged.
Customer: replied 1 year ago.
basically just keep trying to pay them even tho I can't make that big of payments but still attempt ? And if I get sued would the police automatically be notified or is that separate
Expert:  Debra replied 1 year ago.
Civil and criminal matters are separate. What I am suggesting is that you obtain a bank loan so that you can pay it off at once. As well, it sounds to be like this person may be a professional criminal, and you may find yourself in serious danger if you do not pay them off. You should know that this is considered a lot of money both from a civil and criminal point of view, and that you were in a position of trust which makes your situation more serious, and which a court would consider to be very serious. In fact, if this is treated as a criminal matter your sentence would be stricter because you were in a position of trust, and for this reason it is really important that you rectify the situation immediately.
Customer: replied 1 year ago.
How was I in a position of trust if I never even met the guy ?
And how is this considered fraud if I was given the money . I never planned on spending it my initial intent was to go thru with the plan and then the dealership said no .
I'm an engineering student and a criminal record will affect my professional engineering license .
Expert:  Debra replied 1 year ago.
You are in a position of trust because you agreed to take a significant amount of money and transfer it to someone else and then you kept it.I know you didn't plan on doing it and you did this the spur of the moment but that doesn't mean you didn't owe the person who gave the money a duty of care.If you are called by the police you should remember that you have a legal right not to make any statement to the police before obtaining legal advice from your own criminal lawyer.
Customer: replied 1 year ago.
Ya I do owe a Duty of care and I would like to of course pay back what I spent. .. I already began voluntary restitution. My only concern was I don't think this deserves to be a criminal offence given the way it happened .
Expert:  Debra replied 1 year ago.
I hope you are right. It may not be considered a criminal offence but there is a possibility.
Customer: replied 1 year ago.
Ya I hope so too or else my 4 years of engineering I'm almost done would be a waist .
Would the courts be leniant at all because of that?
Expert:  Debra replied 1 year ago.
that would help for sure. If we are done please rate me before you leave the site so that I can receive credit for my work. I have been helping you for time now and I haven't been paid and really I should get paid once I do the work and I can't get paid until you rate me.
Customer: replied 1 year ago.
sorry uve been great help thank u I will rate now
Expert:  Debra replied 1 year ago.
Thanks I do appreciate it. The rating has not yet gone through.

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