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Friday, October 7, 2016

PRIVATE COMPLEX CIVIL FRAUD

              A specific aspect of my practice focusses on private complex civil fraud.  Think a Madoff-ish case.  These cases are extremely taxing and interesting. 

What is a “Typical” Case?

              The typical case is where individual(s) claims to be collecting money for a larger company.  Often, these individual’s pray on their own ethnic groups, taking advantage of the implicate trust in such relationships.  This company will always be “ready to break out” but is yet to be listed on any of the public exchanges.  Often, the “company” is located outside of the United States, with shell corporations within the United States.  This person will sell equity in their company in the forms of stock certificates.  You will likely receive statements from the Company or its Officers.  After receiving endless promises of success, an event or statement may reveal the truth of the fraud. 

What Can I Do?

              Such cases, due to their private nature and lack of accounting are difficult to prove.  They require a significant securities and investigative background.  Cases as these need to be treated as if you are prosecuting the individuals and company.  Once you find an attorney with such a background, you can review the facts and information to see if you have an actual viable civil fraud case.  Once that determination is made, you can make an informed decision about your next step.  

Where Can These Cases Be Brought?

              Often, these matters rise to the level of federal securities fraud or Civil RICO.  The Federal Courts are the ideal location for such complex civil fraud actions.

What Kind of Lawyer Should I Find?

              One with a securities and investigative background.  A larger plaintiff’s firm focuses on civil class actions relating to publicly traded companies.  However, they do not have the patience or tenacity to bring a private securities fraud matter.  You need someone who will fight for your money and your interest.

Should I go to the Police?

              Yes, but with information already structured.  Meaning, you need to have already organized a case for such fraud before you go to the state or federal authorities.  The simple reason is: they will take it more seriously.  People claim to be defrauded regularly.  However, when you make a report and you are informed and structured in a claim, it will be respected.  An experienced attorney will be invaluable to you.

 

 

If you have a complex fraud matter, reach out to the Law Office of Jacob Z. Weinstein, PLLC at 646-450-3484, a law firm with a strong background involving securities fraud and investigation


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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.