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Suing a Scammer in New York | Civil and Criminal Action Leading to Incarceration



When a victim is defrauded in New York, the legal framework allows both criminal prosecution and civil recovery, and “suing a scammer” often requires coordinated action between law enforcement and private counsel. 

 

In cases involving intentional misrepresentation, New York Penal Law treats schemes to obtain money through deceit as a criminal offense, and victims may simultaneously pursue financial restitution through civil action. 

 

This case study illustrates how a New York attorney conducted a structured, evidence driven strategy that resulted in the scammer receiving a prison sentence. 

 

The matter involved a trusted acquaintance who fabricated a land purchase plan, induced financing under false pretenses, disappeared without repayment, and ultimately was held accountable. 

 

This content outlines how legal action was initiated, what strategies proved effective, and how suing a scammer in New York can lead to decisive results.

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1. Suing a Scammer in New York | Establishing the Fraudulent Conduct and Intent


Suing a Scammer in New York

 

The first stage in suing a scammer in New York requires determining whether the conduct meets the legal threshold for fraud, which depends on proving intentional deception at the moment money was obtained. 

 

In this matter, the attorney focused on demonstrating that the scammer never intended to engage in the claimed transaction.



Misrepresentation and Financial Loss


The attorney compiled communications showing the scammer falsely claimed to need funds for a land purchase, despite having no such transaction pending.

 

Documented inconsistencies, banking records, and witness accounts helped establish intentional deceit. 

 

By linking the false statements directly to the victim’s financial loss, the attorney positioned the case not merely as a private debt dispute but as criminal fraud. 

 

This evidence proved crucial in demonstrating fraudulent inducement—a central element when suing a scammer whose goal was to obtain money by manipulation.



Absence of Repayment and Subsequent Evasion


After receiving the money, the scammer avoided repayment, ignored repeated inquiries, and ultimately disappeared. 

 

The attorney emphasized these post transaction actions as evidence of intent from the outset. 

 

In New York, post transaction evasion and the absence of any repayment efforts may support an inference that the fraudulent intent existed from the outset.

 

These facts significantly influenced both prosecutorial review and judicial findings.



2. Suing a Scammer in New York | Developing a Criminal Complaint Strategy


Once the fraudulent conduct was documented, counsel prepared a structured complaint outlining each deceptive act in chronological order. 

 

This structure enabled investigators to verify the sequence of events and properly classify the conduct under New York’s fraud related criminal statutes



Proving Intent Beyond Mere Non Payment


The attorney differentiated the matter from ordinary non payment cases by demonstrating that the scammer fabricated the land purchase story before receiving the funds. 

 

In New York, this distinction matters: suing a scammer requires showing that deception existed at the moment of obtaining money. 

 

Evidence such as inconsistent documents, lack of any real estate activity, and proof the funds were used for gambling helped confirm this essential element.

 



Showing Continued Non Cooperation


The scammer’s failure to return calls, refusal to provide explanations, and sudden disappearance after receiving the funds provided strong circumstantial proof of fraudulent intent. 

 

In New York fraud litigation as well as prosecution, such behavior commonly supports an inference of intent to defraud. 

 

These details were incorporated into the complaint to highlight the calculated nature of the scam.



3. Suing a Scammer in New York | Demonstrating Harm and Lack of Restitution


A critical part of suing a scammer involves documenting the victim’s financial harm and the scammer’s refusal to mitigate it. 

 

The attorney detailed the ongoing economic hardship created by the loss and the victim’s unsuccessful efforts to resolve the matter.



No Attempt at Repayment or Remedial Action


The scammer made no effort to repay any portion of the borrowed amount, nor did he attempt to negotiate or provide an alternative arrangement. 

 

In New York, a total absence of restitution often aggravates the offense and supports the imposition of harsher penalties in fraud cases. 

 

The attorney highlighted this point to demonstrate the seriousness of the scam and the ongoing harm to the victim.



4. Suing a Scammer in New York | Outcome and Sentencing


After review of the complaint and supporting documents, prosecutors accepted the case and filed fraud charges. 

 

The court found that the scammer had acted with clear intent to deceive for financial gain.



Imprisonment Following Successful Legal Action


The scammer was sentenced to three years and six months of incarceration, a result that reflected the seriousness of the misconduct and the strength of the evidence presented. 

 

This outcome reinforced the principle that suing a scammer in New York can yield significant criminal penalties when intentional deception and financial harm are clearly documented. 

 

The victim expressed satisfaction and relief after achieving both accountability and legal closure.


28 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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