Ripped off, frustrated, and lost.....

[fuscucla1]

I was conned into funding something that turned out to be illegal. I was almost criminally charged, but they realized that I was nothing more than a pawn who knew nothing. Now two of the individuals involved are awaiting sentencing, both pled guilty. Needless to say I lost my investment and had to pay for lawyer fees. My question is am I entitled to get my money back? There was a verbal agreement based on a previous written agreement that all losses would be reimbursed. I heard in my state, California, that there is a restituition law for criminals to pay back their victims. Do I qualify as a victim? What do I need to do to get this enforced or is there another way for me to get my money back? Also, there are rumors going around that I wore a wire to help the FBI, this is not true, is it considered slander? Am I entitled damages? Thanks in advance.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Read the definition on slander at the freeadvice.com homepage. It requires someone say something to someone else in order to damage your reputation and it must be a false statement. I don't see how you wearing a wire could damage your rep.


As to restitution, check California law by going to the freeadvice.com homepage and click on state statutes, then california, then either the civil code and or criminal code and then press search. Don't type in a key word.


Your contract is void because it was an illegal contract/agreement/purpose, even though you had no knowledge. Under such a victim restitution law, you would be entitled. But good luck in getting it. Very hard to collect from criminals and cons.

 

[Tracey]

Speak with the prosecutor assigned to the case and ask if you can present evidence at a restitution hearing. Or have your lawyer talk to the prosecutor. Restitution payments don't begin until they get out of jail, so you might want to sue in civil court also, so that you can seize their assets.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[Kaboom]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
Read the definition on slander at the freeadvice.com homepage.

As to restitution, check California law by going to the freeadvice.com homepage and click on state statutes, then california, then either the civil code and or criminal code and then press search. Don't type in a key word.

<HR></BLOCKQUOTE>

WOW! I'll bet that advice really helped this person out! It is helpful to get advice on CONTEXT and APPLIED LAW, not on the law defined. As a law school graduate you should at least know that. If you want to help, then help. But if you want to babble like a lawyer (did you pass the bar?), please do it somewhere else.

I liked Tracey's response a lot better. It could actually be HELPFUL.

[This message has been edited by Kaboom (edited October 15, 2000).]

 

[lawrat]

My take on the law kaboom, is that I like to help people help themselves. I sometimes give actual statutes or give case law, but sometimes there are too many postings for me to attend to each one. Be glad someone with a legal background is around.

Tracey is a bright attorney who has specific experience in this area. My area of expertise is on Intellectual Property -- if you only knew the artists and internet related cases I have worked on, you wouldn't be so smug.

No wonder IAAL left.

 

[njc]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
My take on the law kaboom, is that I like to help people help themselves. I sometimes give actual statutes or give case law, but sometimes there are too many postings for me to attend to each one. Be glad someone with a legal background is around.

Tracey is a bright attorney who has specific experience in this area. My area of expertise is on Intellectual Property -- if you only knew the artists and internet related cases I have worked on, you wouldn't be so smug.

No wonder IAAL left.<HR></BLOCKQUOTE>

you've been wonderful to so many people. some of the "free advice" given here would be out of many people's financial reach. just want to thank you for all the time and advice you given to many boards at this site.
~n~ and before i forget...the same words apply to tracey..home guru....legal beagle...iaal...usdeeper..alawyer...prairie law...shoot, i couldn't begin to finish listing all the people that have given much of their time and themselves...to all the advice seekers in general...i ask please don't bite the hand that helps....thanks...~n~

[This message has been edited by njc (edited October 15, 2000).]

[This message has been edited by njc (edited October 15, 2000).]

 

[fuscucla1]

Thanks for the advice. Just to let you know this was an internet case. I put money into a stock, and the stock was hyped and then dumped. My agreement was to go in 50/50, I supply the financial power and the other party brings the experience/knowledge to pick stocks. There were no arrangements about hyping a stock or manipulating the market.