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nubinite
May 18, 2014, 09:58 AM
Hello, am wondering if I can take a legal action on a friend who stole my funds from south Africa to the US, I need help

smoothy
May 18, 2014, 09:59 AM
How did they steal them? The means used to take them can make a difference in what actions can be taken.

ScottGem
May 18, 2014, 10:02 AM
If the funds were truly stolen, that's a criminal act. Did you report it to the police?

nubinite
May 18, 2014, 11:02 AM
Thanks for the feed back
Here is what happen Thanks for the quick response, I will do my best to tell you the whole situation. Am from Nigeria and I visit south Africa on business most times and I got interested in buying a house there so I discuss with my friend who stay there in south Africa and he helped me in buying the house but I had a little problem because I was a foreign I could not open an account over there and he had an account so I entrusted the funds with him so I told my friend tony to help keep the money believing that we could both come up with business ideals and the agents always give him the rent collected from the tenant because I kept the house on rent pending when I could have a permit in other to open an account(I was even thinking of buying a guest house if I had the money, I was doing this just to help my friend so he could make a living because whenever I visit I was always having to give him money which I did not like) during my visit last year because I was suspicious of so things and I asked he give about the money and he was giving me some excuses just for me to later find out that he is in the USA somewhere in Chicago trying to settle down and am even sure he maybe working or staying there illegal. I just need a professional advice on this matter because I want him to be brought to book. Thanks and my friend Tony is also from nigeria too

ScottGem
May 18, 2014, 11:26 AM
First, did you have any contract, anything in writing, that indicates you gave him money to buy a house for you? Was he giving you the rental at all? Was the house purchased? If so, who's on the title?

If I'm following you, you purchased the house and were planning to use the income for your friend Tony? But Tony is not the person who you gave money to.

nubinite
May 19, 2014, 04:29 AM
The house is mine and the title is on my name tony was just collecting the rents on my behave that's all

ScottGem
May 19, 2014, 06:47 AM
So what money was stolen? You gave some friend money to buy a house. Clearly the house was bought. So the money was used as purposed.

J_9
May 19, 2014, 07:10 AM
So he is collecting the rent and not forwarding the monies to you?

nubinite
May 19, 2014, 07:16 AM
Yes he was not sending the money to me

J_9
May 19, 2014, 07:17 AM
Did you have a contract with him?

AK lawyer
May 19, 2014, 07:19 AM
... I just need a professional advice on this matter because I want him to be brought to book. ...

You need a real professional. That would be an attorney in South Africa, not anonymous people on a site such as this. You should have done so before you invested your money, actually.

The story about not being able to open a bank account because you were not a South African national has scam written all over it.

nubinite
May 19, 2014, 07:26 AM
No I don't have any contact because he is refusing the tell me his where about but just lately I was told he is Chicago I just want to know if there is any way to take a legal action against him

J_9
May 19, 2014, 07:28 AM
No I don't have any contact because he is refusing the tell me his where about but just lately I was told he is Chicago I just want to know if there is any way to take a legal action against him

You need to contact an attorney.

talaniman
May 19, 2014, 07:31 AM
First step is to call the cops in SA and file charges for fraud. And in Nigeria.

nubinite
May 19, 2014, 07:33 AM
Okay I will do that but the problem is that he is not a citizen and am I sure he is stay there illegal

J_9
May 19, 2014, 07:34 AM
The cops aren't going to do anything. Scams like this are common in Nigeria. The OP needs to contact an attorney who specializes in international law with a sub-specialty in fraud.

nubinite
May 19, 2014, 07:39 AM
Thank you very much for the reply but can you recommend one for me or beta still link me to a site where I can find such lawyer

J_9
May 19, 2014, 07:44 AM
Thank you very much for the reply but can you recommend one for me or beta still link me to a site where I can find such lawyer

Sorry, no. You will have to contact attorneys in your area of the world.

Let me ask you one or two questions. You say this is a friend. How well do you know him? Have you ever met him in person?

nubinite
May 19, 2014, 07:45 AM
Yes he is my friend and I have meet him just did everything by trust I guess he was not much of a friend

Fr_Chuck
May 19, 2014, 07:46 AM
The issue, you are not cheated on the house purchase, just the rent. How many months no payment ? Have you changed agents and now getting paid for the rental?

You need to file charges where the house is located. And if you can locate him, sue him in civil court.

But the costs of internatoinal law suits may cost more, than the little you are owed on the rent

nubinite
May 19, 2014, 07:52 AM
Yes I have change agent and yes I getting my funds now but this crime was committed in south Africa and am sure he will not want to come back to south Africa just confused but will be coming to the US in two months time

J_9
May 19, 2014, 07:59 AM
I am hoping you have changed your bank accounts.

You foolishly gave someone you barely knew access to your account without a signed and written contract. Most likely you will never get that money back.

For future reference, never enter into an agreement without a written and signed contract.

talaniman
May 19, 2014, 08:00 AM
Find an attorney with private investigators and that's going to be expensive. Whether the law does anything or not you still have to file charges. If he is picked up for anything at least they will be notified he has fraud charges against him. You would hate to know he was arrested for JWalking and was released because no other charges were filed against him.

Simply Google find an investigator in South Africa, and in Nigeria. This is an international site, and what you need are local professionals, and the authorities involved. Fraud/theft is a criminal matter as well a civil case, so do all, cops, an investigator, AND a lawyer. Increases your chances of actually catching the guy, and hopefully getting your money back, or at least landing him in jail.

When you are scammed you should get all the help you can get, even if cops don't drop what they are doing to hunt this fellow. I am sure any lawyer will ask first if you have gone to the cops and reported him.

nubinite
May 19, 2014, 08:36 AM
Thank you for the advice have to start thinking of where to start from

nubinite
May 19, 2014, 10:09 AM
Thank you once more, yes I was not cheated on the house but my rent and he own me 15 months rent. Just wanted to know how possible I can take any legal action on him or if any thing can be done

nubinite
May 19, 2014, 10:45 AM
Did you have a contract with him?
Nope I don't have a contract with him but I have prove he has the funds

ScottGem
May 19, 2014, 01:40 PM
Ok, how much did was the monthly rent? We are trying to determine whether the cost of filing suit will exceed the amount you might recover.

nubinite
May 20, 2014, 01:40 AM
The total sum is 10,000dollars

ScottGem
May 20, 2014, 04:53 AM
OK, so you talk to lawyers and find out how much it would cost to try to recover that money. You talk to the local police about swearing out a warrant for his arrest. But frankly, I doubt if you will recover anything and its going to cost you more to try.

nubinite
May 20, 2014, 07:26 AM
Yes I know it will cost me but if I report the case can he also be deported back home because he is staying there illegally too. What's your advice and he has also done that to 3 other people that I know off too

smoothy
May 20, 2014, 07:35 AM
I'd call a couple Lawyers... even if you have to pay a consultation fee... they could direct you to someone specializing in that , or if they know enough to offer advice on what can be done. Best way to go is contengency... no lawyer will take on a case they don't think they can win on contingency, and they would get a cut of everything won/recovered.

If you win... you forward the case info to the INS.and let them deal with the rest if they want.

ScottGem
May 20, 2014, 07:52 AM
I would get the other people to report him to the police as well. One person might not spur the police to action. An extradition treaty was entered into between the US and Nigeria, but it was signed in the 1930s when Nigeria was still subject to British rule. So I have no clue whether its still in force. Nigeria would have to request that the US hold him and extradite him.

nubinite
May 20, 2014, 07:52 AM
Thank you sir, so what you are saying is that nothing can be done even as he is staying there illegally

ScottGem
May 20, 2014, 07:57 AM
No, the problem is that someone needs to report to the US Immigration that he is here illegally and they need to know where he is because ICE is too busy to go looking for him. If the Nigerian authorities report a warrant for his arrest ICE will probably arrest and deport him. But only if they are informed where to find him.

I'm sorry, but I would say that in the majority of cases like this, the victim never gets restitution and the perp is never prosecuted. What usually happens is the perp gets overconfident and makes mistakes leading to his downfall.

nubinite
May 20, 2014, 08:08 AM
Thank you so much