Fraud Case - Partner ran to Brazil with over $105,000

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Latest post Tue, Jan 3 2017 2:07 PM by ca19lawyer2. 8 replies.
  • Wed, Dec 28 2016 5:59 AM

    Fraud Case - Partner ran to Brazil with over $105,000

    Myself (Dan) and two other friends (Scot, Rob) had a investment property in Vegas that we purchased in April of 2012.  We all live in Salt Lake City, Utah so we went to Zions bank and was able to get a HLOC on Rob's house for $105,000 and Scot and I were co-signers on the loan.

    We sold the investment propety in Vegas in November of 2016.  Scot who was handling the property and money, never paid back the loan and took off to Brazil.

    Rob and I saw a lawyer who said we have a solid case do to all the paper work and details we had.  The only issue our lawyer told us that we may have is serving him if we are required to.  We also know that the money is in a local credit union here in Utah.  We would like to have a judge freeze the account until we can have a trial to get our money back.

    Does anyone out there have any idea on the best course of action as to being in Utah and having a partner who ran off with the money to Brazil?  What are the laws as to freezing back accounts?  How do we handle the case if we cant serve Scot?

    Thanks

    Dan

  • Wed, Dec 28 2016 9:00 AM In reply to

    • DOCAR
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    Re: Fraud Case - Partner ran to Brazil with over $105,000

    We also know that the money is in a local credit union here in Utah.

    having a partner who ran off with the money to Brazil? 

    which is it. Is the money in Brazil or in Utah?

    I do not practice in Utah, but most states have procedures to serve such a defendant by publication, after you have jumped through a few hoops.  Whether Utah has a pre-judgment attachment law you can use, you would have to ask a Utah attorney.  I don't believe any follow these boards.

  • Wed, Dec 28 2016 9:02 AM In reply to

    • Ford
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    You hire an attorney...

    Part of being in business is dealing with lawyers.  You guys are out about $34,000 each.  You get ONE SHOT in court, so you hire an attorney who knows the answers to your questions.

    State law governs your ability to freeze a bank account prior to obtaining a judgment, and I don't believe any attorneys from Utah are on the board.

    I'd contact law enforcement also.  In a business situation, and that's what this was - an agreement between people directed at making money - taking money that you are entrusted to possess as a member of the business is usually a crime under state law, often called embezzlement.

    Contacting law enforcement could result in law enforcement seizing the money, which helps you.  It could also result in an arrest warrant, although I have no clue about extradiction from Brazil.  Isn't that where all the *** went to live?

  • Wed, Dec 28 2016 9:24 AM In reply to

    • Drew
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    Re: You hire an attorney...

    I'd scramble like today to get law enforcement involved under  anything that serves to lock up the funds ..theft by deception, embezzlement...get it locked  ...

    IF the funds get transferred to Brazil or distant place you may have a heck of a practical problem to ever see them again...l



  • Wed, Dec 28 2016 9:25 AM In reply to

    Re: Fraud Case - Partner ran to Brazil with over $105,000

    Scot went to Brazil for a few weeks and was suppose to come back after around 3 weeks but never did so.  We were texting daily and then about 2 weeks into his vacation, he sent me a text telling me that he was going to send me the title to his truck.  I text him back asking why in which I have not received a answer back.

    I am positive that he did this on a whim since we were working on other things and he left all his paper work and computers here.  I did a Google search and found that he is on couchsurfing.com and is on it daily according to the last login disply on his name.  His bio also states that he is looking for places to stay and also a permanant place.

    As for the money, it was in a credit union account here is UT.  All he had was a debit card and not credit cards since his credit had been wrecked by other bad deals he made.

    We know that time is against us, so we are trying to get an injunction ASAP and then deal with the other stuff.  We are just trying to figure out how to handle the juristiction and how to serve since he is not in country or at least we think.  My lawyer is going to figure it out by asking other lawyer friends he knows but this is the first time he has dealt with this.

    Thank you very much for the reply.

    Dan

  • Wed, Dec 28 2016 9:35 AM In reply to

    Re: You hire an attorney...

    Thanks for that sudgestion and I will follow that.  We will go make a report with the local department and see what they can do for us.

    Thanks

    Dan

  • Wed, Dec 28 2016 10:22 AM In reply to

    • Drew
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    Re: You hire an attorney...

    Your local police "white collar " crime unit may be one logical  place to seek help in locking up embezzled funds start calling .



  • Wed, Dec 28 2016 10:55 AM In reply to

    • Drew
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    Re: You hire an attorney...

    OP as others addressed....unclear if funds went out of country or are still in that credit union .....in some small town credit unions a few phone calls might just get account placed on "hold".....until smoke clears ...surprising to me that funds are still anywhere to be found ....



  • Tue, Jan 3 2017 2:07 PM In reply to

    Re: Fraud Case - Partner ran to Brazil with over $105,000

    aardvarkglory:
    The only issue our lawyer told us that we may have is serving him if we are required to.

    IF?  I certainly hope the lawyer didn't suggest that there was a possibility that you won't have to serve him.  If the lawyer did so, you should look for one who isn't an idiot.

     

    aardvarkglory:
    We also know that the money is in a local credit union here in Utah.

    Based on one of your follow up posts, it appears that you KNOW no such thing and that this is merely speculation.

     

    aardvarkglory:
    Does anyone out there have any idea on the best course of action as to being in Utah and having a partner who ran off with the money to Brazil?

    Hire an attorney to file suit in Utah and seek an immediate order freezing the account.

     

    aardvarkglory:
    What are the laws as to freezing back accounts?

    You can look them up as well as anyone here, and it would serve no useful purpose for you to educate yourself about the details (it would also be WAY beyond the scope of an internet message board).

     

    aardvarkglory:
    How do we handle the case if we cant serve Scot?

    Serving process on a person outside the U.S. is not a simple process or a good DIY project.  Make sure the lawyer you hire understands not only the applicable state law but also the interplay of that law with the applicable international treaties/conventions.  I would not waste time with a lawyer who has to ask others how to do this.

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