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May 22, 2006

Recovery of Funds From a Fraud

A month ago, Amanda Cantrell, a CNNMoney.com staff writer, had a thoughtful piece on the difficulties in recovering assets from a fraud, in this case Kirk Wright's hedge fund fraud. She listed all of the standard difficulites, including trying to enforce a U.S. Judgment against offshore assets. Remember a judgment only allows the creditor to intercept funds owed to the debtor, if the jurisdiction which has the asset recognizes the underlying action as valid. Sometimes this can require a separate trial on the merits.

Business Opportunities frauds or scams are no different, but the recovery rate, at least from the FTC figures, is notably less. I estimate, using data that the FTC produced from 1993-2000, that the actual recovery to the public from Bizop scams is around 5 cents on the dollar. If the Bizop is a scam or fraud, then you are likely going to lose all your money. Think about that - Bizop frauds or scams are so bad that you might as well be throwing your money away -burn it, buy lottery tickets for non-existent lotteries, or buy swamp land. You are simply going to lose your money, if the scheme is a fraud or scam.

What is a even scarier number than 5 cents on dollar?

Technorati Tags: scams, fraud, cnnmoney, offshore assets, frauds, ftc, judgment, money, hedge fund, debtor, intercept, merits, enforce, business opportunities, jurisdiction

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