OK - we discussed yesterday what to do when you are a victim of passive fraud and the (usual) necessity of speaking to a lawyer because of the legal overtones of dismissing the employee who was causing the fraud (causing employment issues) and/or going to the District Attorneys' office to file a criminal complaint (bringing criminal issues into the mix).
The issue for today is: if you are the victim of active fraud, do you still need to take the same steps and precautions?
Remember, with active fraud, normally the only victim is yourself. You were the one sending the money so you were the one who experienced the loss. In this case, there are (usually) no other parties).
It is still good advice, however, to speak with an attorney before filing any documents or complaints with the D.A. In this case, "attorney" means a competent criminal defense attorney. There are three main reasons for doing this:
1. First, a competent professional should review your case
2. Second, there is always the possibility that, inadvertantly, you may have committed a crime. Money that was sent overseas (which occurs in some frauds) may have been sent, even without your consent, to groups that the United States Department of State classifies as terrorist groups. Also, once again without your consent or knowledge, money transfers could have been in violation of the Foreign Corrupt Practices Act. It is a good idea, therefore, to get an informed opinion on this.
3. Finally, it is important to have an attorney see if this is something that a District Attorneys office can handle or if it needs to go the Federal government, or anywhere at all.
When you have been the victim of fraud, it is important to report the fraud and how much you lost. But, once again, getting assistance from an attorney can be important before proceeding forward.
The issue for today is: if you are the victim of active fraud, do you still need to take the same steps and precautions?
Remember, with active fraud, normally the only victim is yourself. You were the one sending the money so you were the one who experienced the loss. In this case, there are (usually) no other parties).
It is still good advice, however, to speak with an attorney before filing any documents or complaints with the D.A. In this case, "attorney" means a competent criminal defense attorney. There are three main reasons for doing this:
1. First, a competent professional should review your case
2. Second, there is always the possibility that, inadvertantly, you may have committed a crime. Money that was sent overseas (which occurs in some frauds) may have been sent, even without your consent, to groups that the United States Department of State classifies as terrorist groups. Also, once again without your consent or knowledge, money transfers could have been in violation of the Foreign Corrupt Practices Act. It is a good idea, therefore, to get an informed opinion on this.
3. Finally, it is important to have an attorney see if this is something that a District Attorneys office can handle or if it needs to go the Federal government, or anywhere at all.
When you have been the victim of fraud, it is important to report the fraud and how much you lost. But, once again, getting assistance from an attorney can be important before proceeding forward.
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Thank you very much! Glad you enjoy it and find it useful.
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