boiler room scam

amaltman47 | 20:34 Mon 03rd Dec 2012 | Law

9 Answers

If you are the victim of a boiler room scam and the perpetrator was found guilty. But only had enough to pay the victims 11% of the amount that was taken from them. Can the victim pursue criminal compensation for the remainder of his cash through the courts.

possible fraud? sounds dodgy to me

I'm writing a book

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bednobs

even if you could, what's the point if the person doesn't have any money? Doesn't criminal compensation apply to injuries only?

EDDIE51

Yes 'criminal compensation' is for injury only and most classes of it have just been abolished anyway. You could start a civil action to sue him for your cash but as he had none you would just end up even worse off as you would have to pay the court costs.

Peter Pedant

The answer to your question is Yes you could puruse a civil action.

However everyone else has said, dont bother - he is a 'man of straw' ( = lawyer speak for he has no munny )

and it looks as tho you are gonna have to accept this as a fact of life, 'forget' the loss as there is no way of getting the money back and get on with your life.

Just waving good bye to 90% of your money is hard I agree.

New Judge

Just a point of clarification. You cannot persue "criminal" compensation. Compensation following a criminal conviction can only be ordered by a court. Incidentally it is not limited to compensation for injury. It can be ordered for all manner of things such as following a theft or criminal damage conviction). As has been said, you are able to launch a case in the civil courts.

EDDIE51

Thanks New Judge you have cleared up a point I was not clear on.
I would surmise that the offender was ordered to pay compensation, but could only afford to repay 11% ? So further court action is futile .

New Judge

Yes quite right Eddie.

There is a possibility that a civil court may look a little deeper into the miscreants finances than would a criminal court (particularly if the conviction came from a Magistrates' court) but it is doubtful that they would find another 89%.

EDDIE51

Thanks , I'm still not clear what a 'boiler room scam' is though. Did they sell someone a dud heater ?