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restitution orders

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bunningfor24 View Drop Down
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Joined: 18/April/2017
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  Quote bunningfor24 Quote  Post ReplyReply Direct Link To This Post Topic: restitution orders
    Posted: 18/April/2017 at 18:53

Where there are multiple victims in a fraud case, how is a restitution order structured:

1. Is a later recovered item sold and the proceeds apportioned to all victims or
2. is the item returned to the rightful owner irrespective of who else is on the order.

Basically do I get my item back or is it dealt with for the benefit of all mentioned on the restitution order?

bunningfor24 View Drop Down
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  Quote bunningfor24 Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2017 at 14:29
As I haven't had any replies, I thought I might try rewording my question (hope it doesn't make it more confusing) :-)

Where there are multiple victims in a theft - each victim having been defrauded of similar but different jewellery - with one of the items is later recovered after the offender has been convicted and sentenced, is the item simply returned to that original owner irrespective of how many victims or is the item sold and the proceeds divvied up? Anyone with any recent experience of how the courts and police operate in this scenario?

hudson72 View Drop Down
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  Quote hudson72 Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2017 at 19:40
Hello

I was a victim off ebay fraud, multiple victims across various states. Amounts from $1000 to $10,000

Long story short. He plead guilty, lost his job and went to jail and restitution orders were made for all victims.

Its now been 4 years and i have not seen a cent so if/when he starts paying back the money once one victim has been paid then the next victim so on and so on, the vague information i got from the court registry was that it was simply the first restitution order made first order paid.

As i am last victim he needs to pay at least $40k back first to other victims before i get my $2k back

I suggest check with your local court registry, if you want the court appointed sheriffs to chase it up and seize items/goods then it costs you money, i went down that path but didn't help me in the slightest.

It would be fair to say The original owner will get the item back all other "victims" if deceived off a financial benefit should receive a restitution order.

Sorry if it didnt help you at all

Just my personal experience.

bunningfor24 View Drop Down
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  Quote bunningfor24 Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2017 at 20:05
Thanks for your reply and I am sorry to hear what you have been through. I think I get what you are saying though, if an item is found then that item is returned to the victim who holds the title (in this case expensive cameras and jewellery) but if the theft included money from some financial scam as well then those victims (even in the same case) just have to wait as the one above you gets paid out.

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2017 at 13:19
Originally posted by bunningfor24


Where there are multiple victims in a fraud case, how is a restitution order structured:

Bunning, don't hold your breath, years ago a friend of mine and many others lost their army discharge lump sum when they invested in gold with a Townsville based company. The company pulled a scam by selling gold bars and holding them in safe storage (at a fee) for the owners.

The scam was that it was the same gold bars that were sold to each customer.

When eventually caught the perpetrator went to jail, but none of the victims got a cent.

Seems the law was more interested in locking up crooks than returning any proceeds to the victims.

bunningfor24 View Drop Down
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  Quote bunningfor24 Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2017 at 17:23
Man, that just stinks!!

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