| Username |
Post |
| robin |
Posted
on 27-May-03 05:08 PM
Hi all,
There is a guy(name withheld ---- for now) who is now living in the US. He and his brothers conned a family into putting houses in bank and loaned money and now bank is going to auction off those houses unless the amount is paid off. He promised them that he will earn money in US and send them. In the first year, he did and then he brought his wife and family here. He then stopped sending the money - may be thinking he is off the hook now that he is so far away.
We discussed this with a few people with legal expertise and they are saying that if I am able to get a warrant for him from the Nepali police (which we can since we have the bank papers and this is now a known issue with Nepali authority and bank), we can call FBI and go from there. I am not sure if he is living here legally so I feel bad simply calling FBI since he and his family may get deported. I did mention this to him but he may be thinking I am just trying to scare him. I would rather he stay here as well since I have a better chance of getting money but I will call if the chances of that are slim. What do you think would be the best way to have him pay the money ?
Appreciate any input.
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| thapap |
Posted
on 27-May-03 06:55 PM
First of all does the family whose property/land/house is kept as a collateral has a agreement that this person is borrowing money and would pay by such time with such interest?
If yes, then was this agreement "verbal" or written in nepali-paper "tamsuk" and witnessed "sachi" by 4 people [ all of them has to be non-relative to both parties]
if both the condition mentioned above applies then you can file a case in Nepalese court. After couple of years may be you might have a opportunity to have it heard and warrant issued.
Now if you are saying that you will get the warrant issued [ by any means from Nepal Police] then you would have a hard time getting through FBI and so on. Because as far as I know [ and I may be wrong] there is no extradition treaty between Nepal and US. and this is not a capital case or "#1 crime ... its just a fraud [i did not mean to put the impact down on the family, it must be devastating but that's the way it is]" so i do not think you would be able to get him return the money.
Probably, if he is illegal you might get him deported. but even then according to Nepalese Law you cannot recover the amount based on verbal agreement. Its very difficult. lets suppose you get it then the person has to have money or asset in his name. You can not recover from his family or bride or parents. So, if he has his asset in his bride's name you cannot even recover a penny from him even in Nepal.
So, only thing that may work is "he might get scared" of getting deported provided that he is illegal and return your money.
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| robin |
Posted
on 29-May-03 12:13 PM
Thanks Thapap,
Yes, we do have signed papers and also have witnesses not related to the family on this. I am in the process of getting police report / warrant on this mailed from Nepal.
As far as I know, he is illegal so I am now thinking of turning him in. I will mention about the fraud as well. Since you do need police certificate from Nepal in order to get a resident status here, this will definitely hurt him.
I just think it sucks that we have no extradition treaty. With so many nepalis now living in the US, it is not a surprise to have people like this living here.
thanks again
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| qallu |
Posted
on 29-May-03 08:17 PM
I can't help but feel sorry for the poor guy. But then he made the bed, let him sleep on it.
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