Fraud, Embezzlement, Bad Checks What constitues Criminal fraud

[Amazed]

Hi

I am a victim of fraud. I have lost my entire life savings to a con artist. I would like to have the person who did this to me ( and to others as well) go to jail. I have gone to the police and they have stated, that this is definitly fraud, but in the state(county) that I live in the penal code is very specific on what constitutes criminal fraud and even though I have tons of evidence I have not met their criteria for Criminal fraud.

My Question is.. What constitutes criminal fraud in the state of California, and is there any difference in which county I happen to reside in. I was originally told by a lawyer that i have 3 years from the day i found out about the fraud, now I am being told I only have 3 years from the date the fraud occured. I am already taking care of the civil fraud issues, but only have a few days left for the criminal fraud report to be filed.

Thanks

 

[tpajet]

Wihtout knowing any more specifics it's kind of hard to answer, but if this is a large amount I would think your state laws would definatly make it criminal.

If you dealt with the local city police, then you might take it up a notch and contact the county sheriff's department, or even you state attorney general.

 

[Amazed]

our locality doesn't really have its own police. Our local police station is run by the sheriffs department. The amount is over 100,000.00 like i said it was my life's savings. I can't go directly to the D.A's office in our county the D.A's office wont take a direct report.. I have to go through the sheriff's department/police, and they will not forward it to the detectives or the D.A. in their eyes it is not criminal.

 

[tpajet]

It sounds like the satute of limitations is very close to expiring, so your optons may be limited. Try the state attorney generals office. If the DA won't take the complaint, then I'm not sure what else to do. When you go to court, you may ask about pressing crimnial charges durirng the case, but I don't know if you will be able to get anywhere.

 

[Amazed]

he tried going bankrupt(bk) on me. I won in adversarial bk court. not only was he not able to go bk on me. His fraud was so bad i was awarded a judgment from the BK court.

Correct me if I am wrong, but i have no reason to go to civil court if i have already won a judgment in Bk adversarial court.

outline of what happened. I entered into an agreement to invest in his business. i invested x-amount for him to buy inventory. he bought some inventory with the money , and faked buying other inventory using inventory he had hidden. (not totally proven ) he then proceded to withdraw all said money out of the bank at the teller window in increments under $3,000.00 (under the IRS window value) until the total x-amount wsa gone. I reinvested another amount Y into his business, not knowing that he had taken all the orginall investment and stuffed it under his pillow. that month he removed y-amount from the bank in amounts under $3000.00 from the bank teller window. from all indicators.. his business was doing fine, he was moving inventory around so it looked like the money was being used, in comes investment 3. z-amount. took z-amount and didnt show up for his business for almost 2 months. called me and told me all the money had been lost in a bad investment to some "bad people" and the money was gone. From his bank statement he immediately went to vegas the day I gave him the money. He never met with the appointment he had that weekend with another dealer to buy more inventory. records show he had withdrawn my z-amount i belive in the remaining weeks of the month i gave it to him. REcords also show he had cash sales in the business of over
$150,000. of which less than 10K hit the bank. He then went bk.. told the trustee tht the money had been spent in his business.. yet he paid no expenses on his business that month over 3K but "the money was gone' He also showed the trustee and bk court empty bank accounts (because he never deposited the cash sales. ) I told this to the bk trustee. they ignored me. they let him go bk. I know they had this info because i got these particular records that showed his sales, and his bank records from them. Additionally i wrote the trustee and my attorney about the unaccounted for $150 K by email. again they ignored me. My money of over 100K went out of the bank... 150K never made it into the bank