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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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how much does it cost to ask a question re fraud of a lawyer

Customer Question

how much does it cost to ask a question re fraud of a lawyer
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Good Evening,

Welcome, my name is AJ.

Do you want to ask me the question and I will see if I can assist you?

Kind regards

AJ
Customer: replied 3 years ago.

I was a witness to a murder and had to move home ASAP. So called 'friends' in the antique business offered to clear my house of portable collectables, antiques etc. They also 'bought' my car for £1500, gave me £200 as a deposit for the car (I had agreed to installments) this was in 2011/12 and I haven't seen a penny of my money or my car since. I was conned, that's been established by police whilst I was v v vulnerable. Many of my goods were valuable. The police are on the case re fraud/deception etc, I just want to know how long the prosecution of the thieves is likely to take? Is it a long drawn out process? Also under the fraud Act what is meant by compensation?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Are you seeking to make a civil claim to recover the money you have been defrauded of?

Kind regards

AJ
Customer: replied 3 years ago.

The police are deciding, but because these people have told so many verifiable lies, the police fraud squad is going to be involved. I am classed as 'highly vulnerable' due to the murder and the police in the area I moved to have a duty of care to ensure my welfare. These people had also borrowed money, lied to the police about it etc, but I've just got at least that back bec they tripped themselves up with their non cooperation and complete lack of candour, and had to pay up in the end. Hence police think it's a criminal rather than a civil case. For eg, they are saying they did not take the goods when I have fine upstanding citizens as witnesses' that they did!

Customer: replied 3 years ago.
Relist: Answer came too late.
replyASAP, I have a serious illness and my concentration span is very quickly lost. Thank you
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I think your expert is probably offline right now but I'll contact him for you
Customer: replied 3 years ago.

I've just realised that the police are taking it v seriously because they sent me an Action Fraud leaflet. I tick all the boxes. They are sending an officer to take details, which I have ready, on behalf of CROM. The police are tee'd off due to the appalling behaviour of the con people. I have been in talks with the police for several weeks. That's how I managed to at least get the money I had lent back. Thank u, Marilyn

Expert:  Jo C. replied 3 years ago.
Yes, I'm sure they are.

Generally speaking they have their time wasted on domestic nonsense and neighbour disputes so they will be delighted to deal with a proper crime like this.
Customer: replied 3 years ago.

I agree, it's something for the police to get their teeth into. I have also made it clear that I will contact the Chief Constable and the press etc. But my questions above have not been answered. IE, how long do these procedures usually take? and also what is the compensation element of fraud? The robber's can't afford to pay me back, approx 5 -6k, so will a judge order that they pay a monthly sum for example or is there a public fund for cases like this? Thank u, Marilyn

Expert:  Jo C. replied 3 years ago.
I'm afraid not.

A compensation order can be made undertaking he criminal law but it can only order the defendants to repay.

If the defendants cannot pay you then unfortunately you will not receive compensation.

There is, of course, criminal injuries compensation but that only compensates basically for violent crime.

You can always sue the defendants in the civil law but you still have the same problem of enforcing against a person with no money.

If they have done something with the money, such as bought property, then the police can pursue that asset under the proceeds of crime act.

I'm very sorry this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I realise it's probably, how long is a piece of string, but what sort of time frame do these cases usually take; are they lengthy undertakings? I lost my house and business due to murder and have no option but to file for bankruptcy. Had I been able to get my money for the antiques I could have refurbished my flat with that and thus kept it out of my bankruptcy. However, u can't get blood out of a stone, so I suppose I've had it. I read under the fraud laws that the police can seize their assets, eg, cars, goods in order to repay me, is this a fact? Thank u, Marilyn

Expert:  Jo C. replied 3 years ago.
No. They can bring a proceeds of crime act prosecution against any assets that the defendant has if they can show that they were obtained by money acquired by their criminal conduct.

The criminal courts can make a compensation order against the defendant but obviously if they go to prison that is pointless.

In terms of time frame, it depends if they contest the matter. Protracted fraud prosecutions can take a very long time but not all frauds are sophisticated.

If they plead probably about 3-6 months.
Customer: replied 3 years ago.

They have lied to police and said that they didn't take goods from my home when I have witnessess' who can testify that they did! So Being con men I expect them to contest; however, they did use my money both what I lent (and recently got back) and from the proceeds of the sale of my goods. To whit, they were stony broke, so I don't see that after their banking affairs are investigated that they have a leg to stand on. If they didn't use my money then what did they live on? They promised to keep receipts for my goods (including valuable jewellery) I have repeatedly asked for a copy of these receipts and so have police - nothing to date. So I think this is another reason the police so tee's off. Plus it's wasting police time etc isn't it which doesn't look good. I suppose a paper trail will expose everything and any assets bought since the theft/fraud should go in my favour. The main con person recently sold her house but it was heavily mortgaged, I expect she will buy a car. But she is effectively only able to do that because she is not paying me back. Will the court take this into consideration?

Expert:  Jo C. replied 3 years ago.
Obviously I cannot say. It is usually not possible to dispose of money without a paper trail.

Having a trial is not wasting police time though.

The criminal courts will not pursue the car but the police can under the proceeds of crime.
Customer: replied 3 years ago.

one of them who I have known for years I am able to email. I'm tempted to email (he still has a few goods of mine and I want to know which goods)) and point out that if they pay up, they will still be prosecuted, but it may mitigate any sentencing on their part. Plus their assets will be seized. This is just supposition from me, but seems reasonable. I know they have hidden money (I'm not the only one they conned) and I'm pushing bec I want my money before I go bankrupt, and before they hide it (they are Irish and have Irish bank accounts, pre paid cards - u name it apart from UK accounts) I need to fund some private health care (I have leukemia) with blood chelation (cleansing). Should I email and point out the fraud act of 2006 and the possible mitigation if they pay up? These are people who always use slight of hand, they scoff at the law, but at the same time are afraid of the authorities, eg, tax man. They are willey and cunning but not clever.

Expert:  Jo C. replied 3 years ago.
Its really not a good idea to start emailing suspects.

They could use it against you in their defence and the worst outcome here would be that they are acquitted.

Not that you couldn't pursue them in the civil courts if they were but you would obviously prefer they were convicted.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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