The Expert Podcast

Scam Refund Limits: How Much Can You Legally Recover?


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Episode Show Notes / Description: 

  • What can you realistically recover if you’ve lost money in an online scam, cryptocurrency scam, or investment scam?
  • Understanding the legal limitations on how much you can get back after sending money to a fraudulent company or person.
  • Insights from an article by Shepard Mullen Richter and Hampton law firm (note: we are not attorneys and not giving legal advice).
  • Explanation of how courts define “loss” in fraud cases — and why this definition tends to favor the scammers (defendants).
  • Example scenario:
    • You send $10,000 to an online investment scam promising profit.
    • The scam shows your account “grew” to $18,000, then $52,000, asking for more money.
    • When you realize it’s a scam and want your money back, how much loss counts?
  • Court ruling summary:
    • Loss only includes the actual money sent — not the fake inflated account balances shown.
    • Loss does NOT include what you might have earned if you invested the money elsewhere (no “opportunity cost”).
  • The impact of this loss definition on sentencing criminals:
    • Punishment is based on the actual amount stolen, not on any inflated statements or paper gains.
  • Key takeaway for scam victims:
    • You can typically only recover what you actually sent, not what the scam promised or showed on fake statements.
  • An exception example: Sixth Circuit ruling on gift card fraud where a minimum loss amount applies regardless of actual harm.
  • How this legal interpretation affects prosecutors’ ability to use conspiracy charges as a stronger tool in fraud cases.
  • Final advice: When calculating your losses from online scams, only count the actual money you sent, not any fake profits or statements shown by scammers.
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The Expert PodcastBy Various