Victim of scam

Legal General Legal Matters
1

Hello. So here is the story. My mom clicked on an ad which said she was eligible to receive a free “Morris Chang” autobiography if she filled out some form with her info. Subsequently, “somebody” contacted her, befriended her, invited her into a chat group, and introduced her into investing in some PIMCO fund where 6% of the proceeds will be given to charities in Taiwan. My mother, who is a devout money-loving buddhist, wholeheartedly believed in all this. She first handed over 70wan4 to a runner on 10/01, then another 180wan4 to a second runner on 10/09. When we finally got around to finding out what she was doing, we contacted the police. Cooperating with the local police, we setup a sting, and was able to nab the third runner on 10/31. They were thinking they were to receive 1000wan4 in funds. Anyhow, the person who was caught is a young lady, probably in her early 20’s, who says she is from Taizhong. The minute the police showed up, she immediately started crying, as if on cue, and denied that she knows what is going on. We went to the police station, and gave a final statement, and all this info is included in a police report. At this point, the officer tells at that this case will be treated as a criminal case, and we basically have to sit back, and wait for the outcome of the case. He never clearly said how exactly we can pursue our money back. They say they will try to connect our case with larger general fraud cases, and if there is a connection, we can potentially go after the bigger organization. From his tone, and talking to others in general, I think the probability of that is low.

Doing research online, it appears that at some point in the criminal case, before she is sentenced, we, the victims, will be invited to remediate with her, and depending on the outcome, the judge will decide on her ultimate sentence. During this remediation, I believe part of it is that we can request that she pays back the money, or a portion of the money. Is this the point where we can get some of the money back? I am not sure how much though, since she is just one of the participants, and it seems unfair/illogical to ask for the full sum from her.

Reading online, it appears that to get our money back, we also need to file a civil case against her. I am not sure WHEN is the appropriate time to file the civil case, is it AFTER the judge passes judgment on her, or it needs to be filed ASAP and run concurrently to the criminal case against her? I am guessing to proceed with the civil case, I would not request any remediation with her during the criminal case, and make a request for reimbursement of the funds that she/they stole. if I win the civil case, I believe we can then go after her assets, or if she has no assets, we can force a deduction from her salary in the future until she repays the full amount.

Does anybody have any insight or experience? I am in the process of contacting a lawyer to get more info, but any info would be appreciated. I think the statute of limitations on the civil case is two years. Thank you.

2

Probably not much to do except for potentially hiring a lawyer and hoping for the best. But I doubt you’ll get back all of the money.

And make appropriate preparations that your mother doesn’t fall for another scam. Chances are high that victims of one scam will fall for another one - especially the elderly.

3

Once you give any indication of receptiveness they will target you repeatedly.

4

Fuck her! Get it all back from her or jail her ass!

6

This and make it as public as possible so discourage others.

There is the possibility that she is also a victim and didn’t know she was doing anything illegal, but thats for the police and court to decide.

7

I do not find it illogical to require her to repay everything especially if she is not able to point out other accomplices. It is unlikely for her to have many assets and getting a court order for her to pay back 5000/month for the rest of her life is not going to be super helpful.

There may be mediation and participation shows good faith, but having that ultimately fail and having her go to jail would not be a bad outcome.

8

I was just thinking about this, shouldn’t the mediation be done after the criminal case?

I mean the criminal case should first establish guilt, and then liability.

Wouldn’t it make a difference if she was the criminal mastermind who orchestrated the whole thing, or just picking up some money from her “boyfriend’s Aunt” and really didn’t have a clue.

9

Yeah the gangsters want it to be pinned on the mules, that will suit then just fine. The mules generally don’t have any money or very little anyway.

10

It is illogical because she’s possibly only involved in the last cash grab, which was unsuccessful anyway. Needs to be investigated as to who she is and what was her role.

11

No I think the point of mediation is to avoid a criminal case. It is in her best interest to avoid jail and a criminal record, hence the mediation. Hopefully she has rich parents.

12

They shouldn’t be avoiding a criminal case, even if they admit it and take responsibility it still needs to be played out and the judge to decide extent of liability.

for example at mediation you think she is a victim also and accept 10% of the money back because she is a poor student and thats all she can afford.

Then it turns out at the trial she is the mastermind behind multiple scams and has billions stashed in crypto.

13

Yes, I agree. What I am saying is to participate in mediation because it looks better but to let it fail. If you refused mediation that looks worse to the judge later on.