Submitted by ENNOBLER on Fri, 08/19/2011 - 08:16
Posted in
A person helping me move posed as a tenant in my foreclosed house and got $3000 "Cash for Keys". The realtor who arranged it doesn't care (not his money), the bank has bigger fish to fry (really don't want to reopen my file with them!)
so how can I get this guy prosecuted?
Cash Keys
This is a straightforward case of larceny (i.e. theft). As such it is first and foremost a criminal matter that can be brought to the attention of your local law enforcement officials. However, usually they too have "bigger fish to fry" and it's unlikely they'll do much involving what appears to be a non-violent monetary dispute between two individuals.
That said, you next alternative would be to file a small claim against the fraudulent "tenant". You can name any other parties involved as defendants, such as the realtor and bank. Although the first step would probably be to contact the bank to try and work it out w/ them first, even though you're reluctant to have any further contact with them.
Civil and criminal case against the same defendant
I heard that in MA you have to combine suits. Because the larceny/extortion is a criminal act, and I have another issue of loss and damages to do with another residence, that I plan to file in SC, civil court, I believe they are separate. Or could the judge dismiss one of the cases?
THANKS
ENNOBLER
Cash for keys
If what you mean by having another case involving another residence pending (or contemplated) in a small claim or other civil court, is that that case involves the same potential parties as the "cash for keys" scam described above, then those civil cases can (but don't necessarily have to) be joined. See Mass. Rules of Civ. Procedure, Rules 17-20. Here: http://www.lawlib.state.ma.us/source/mass/rules/civil/index.html
However, the rules about joinder depending on whether causes of action arise from the same basic set of facts and circumstances doesn't cut across the civil/criminal divide. That is why it frequently happens that even when high profile criminal cases fail (think OJ or DSK more recently) the possibily of civil damages can still loom large for the defendant.
Practically speaking the fact you may have civil cases related to the same scam going on shouldn't impact the prosecution of criminal charges. Note, however, that whether or not a criminal prosecution will go forward is almost always entirely within a district attorney's discretion. You can try to bring it to their attention by contacting the police department, but whether they do anything about the criminal charges (or how much they do) is up to them.
To answer the question then, you could have a civil and criminal case arising from the same circumstances going on concurrently and a judge would not dismiss one simply because of the presence of the other, nor would s/he dismiss separate civil cases similarly related to those circumstances. However, s/he most likely would have those overlapping civil cases consolidated into a single case. If nothing has been filed yet, the best thing would be to treat all instances and damages stemming from similar activity by the same person(s) as a single matter if you do eventually file a complaint.