It is so difficult to put the offense of fraud in the same category as violent crimes. The evil done by those who commit fraud, even though quite serious, is unlike crimes that violate a person’s well-being.
You obviously cannot tell the family of a murder victim that the loss of a loved one is not violent. Likewise, you cannot convince a female rape victim that her life was not brutally endangered and her self-image tragically diminished.
But how does society react to a crime like fraud? Is there always a real push for an investigation? What is thought of the victims?
It seems that the only definite instances in which the state or federal authorities get involved is when the crime is committed against them. This would include tax evasion or mail fraud or some other offense against our elected officials and their daily tasks. In such circumstances, the FBI or other government investigators directed by a federal or state attorney will get involved at the government’s expense, which is really paid for by the American taxpayer.
But what happens if the crime is committed against everyday citizens? Now who investigates? Which attorney will take the case on a contingent basis and direct a private investigator? How successful will a lawsuit be? What fees will need to be paid to a private eye? How long will the process take? What are the odds of success?
To make matters even more complicated, the chances are pretty good that the victim will have to arrange the investigation and legal efforts with little to no money if the crime was directed at his or her finances.
Already, this doesn’t sound fair. Let’s go ahead and add one more potential headache. If the victim was cleaned out financially, then the chances are really high that the perpetrator has plenty of monetary resources to hire the best defense attorney in the area. Imagine … the person who stole your money is now using these illegally gained finances to defend himself against you!
Not only are the odds highly against a successful recovery of funds, but the victim of financial fraud has to proceed with limited resources. In all likelihood, the victim is entering a civil courtroom fighting against a perpetrator who is using defense funds that were once the property of the victim!
And, we’re not done. To which jurisdiction does the case belong? Does the civil suit belong in a federal court? Or is it more suited for a state or county courtroom? What will the judge say? Will the judicial system be swayed and the case dismissed before the victim even has a chance to present it?
It is very tough for me to say that the crime of fraud is not a violent crime. Even though it doesn’t embody the characteristics of a rape or a murder, a fraud victim can go through a process that is frustrating, time-consuming and often against insurmountable odds. Plus, the possibility is high that the victim will have to travel alone down this path because few attorneys will touch such a case.
Talk about living alone on an island. If you’ve never been a fraud victim, then count your blessings. Particularly in these difficult economic times, the last problem anyone needs is to lose a home or an entire life of savings at the hands of a crooked swindler.
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