Detroit, MI asked in Criminal Law for Michigan

Q: How can I prosecute someone who commited a crime against me

He consigned the loans. They all went into default and collectors are coming after myself and at least two other people I now who also signed loans with him. He said he was investing in businesses and properties and would pay our loans back if we signed these loans to helphim with the businesses. i recently found him through google and found out he has been convicted of drug possession and money laundering for a business he started in Phoenix AZ? I have suffered many years over this. I'm 26 and still have not been able to finish my education because they were student loans, and due to the loan not being paid back i cannot get financial aide and i am not wealthy, i have health problems also which has made me only able to work on and off through the years. He preyed on college students for this reason. Any advice would help. Please.

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2 Lawyer Answers
Answered

A: From the sounds of your explanation situation, unless you can establish that the signator of these loans committed fraud against you, your only recourse against him would be in a civil court. Ultimately any decision to prosecute an individual for a crime resides in the County Prosecutor's office. What you should do is contact the prosecutor in the county in which you live and sound them out about the likelihood charging this individual. I don't want to discourage you, but the chances are they won't.

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Answered
  • Criminal Law Lawyer
  • Ann Arbor, MI
  • Licensed in Michigan

A: The only person who can prosecute a crime is a prosecutor. This person is an official in the state, county, or municipality where the alleged crime happened. There are also federal prosecutors. Prosecutors decide which cases to prosecute based on the seriousness of the crime, the impact of the crime on the public, the strength of the evidence, and other factors. If a crime was committed here, it does not sound like a crime that would be prosecuted in most jurisdictions unless this is part of a larger overall scheme. For example, if the debtor here actually defrauded hundreds or thousands of people in the same scheme, the crime is more likely to be prosecuted. You may be able to recover against the person in civil court. You would need to sue the person and present evidence. If the judge rules in your favor, the judge will issue a judgment. Then the hard part: You have to collect on the judgment.

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