Funds delivered under duress when not compos mentis

[Andrew Mo]

Hi guys - Sorry it’s difficult to know the correct forum in which to pay hope this is ok. I have a slightly complex question, I hope that you can help as I am being bullied by someone with a lot of money and lawyers, and I am not sure where to turn.

Two years ago, whilst I was under care of the mental health team in the U.K. and not of sound mind, I was coerced under duress by an individual (let’s call him H) into wiring $25,000 of funds into a third party (let’s call them D) from the U.K. to the USA on the promise that the funds would be paid back within a month.

The funds were wired direct to D’s account from my personal account. H never paid me back, threatened my life and is now Imprisoned for an unrelated fraud. I contacted D, the recipient, who is a multi millionaire and has a high profile to ask him kindly to return the funds as I was not compos mentis at the time and the wire was made under duress. I explained the situation - and I am now living in sheltered accommodation and still legally classified as mentally ill and receiving some welfare - he refused to return the funds. D then accused me of harassment and his lawyers have threatened me with all kinds of sanctions and actions.

These were my life savings and I implored to his moral nature to return the funds. He is in the USA, and I currently am in the U.K. though am an American citizen.

Do I have any legal backing to require the return of these funds, as they were clearly wired from my account during a time when I was not of sound mind (this can be backed by the Mental Health team under whose care I have been for several years.)

Many thanks

[2222]

Did D pass these funds to H? Or was the money owed by H to D? I think you need to provide a bit more information.

duress, by the way, is quite a strong term to use. It more or less means having a knife held to your throat. I have no doubt you were pressured and duped whilst in a poor state of mind. What is not clear is whether D was party to that or ought to have been suspicious? It’s a sizeable chunk of money and ought D to have checked against money laundering?

[Andrew Mo]

Did D pass these funds to H? Or was the money owed by H to D? I think you need to provide a bit more information.

duress, by the way, is quite a strong term to use. It more or less means having a knife held to your throat. I have no doubt you were pressured and duped whilst in a poor state of mind. What is not clear is whether D was party to that or ought to have been suspicious? It’s a sizeable chunk of money and ought D to have checked against money laundering?

Thanks for your post. The money was owed to D by H. The funds were transferred by myself to D directly. I am not sure if D was party to that - it's hard to be sure without further evidence. But D refuses to pay back the money and has now got his lawyer to push on me claiming that I am harassing him, though i have sent fewer than 5 emails and he refuses to answer. D definitely should have been suspicious as the funds came from my account (in other words unknown account and name....I have never met D.... nor communicate with him previously.)

do the money laundering laws give me any ground, as D definitely didn't impose any money laundering checks.

many thanks for all your help!

[2222]

I wonder whether you can get a US lawyer interested? On the face of it, D was in receipt of funds obtained by fraud. That may be a contravention of
https://en.wikipedia.org/wiki/Money_...ng_Control_Act

i assume the UK police can do nothing? Can they not even pass the case over to The FBI, as money laundering is a federal crime?

I think you need help on this, and it either needs to come from law enforcement or from a US lawyer. There’s clearly no point in emailing D any further, although I think it’s unlikely his lawyers would take any action against you.

[Andrew Mo]

Thanks for your advice and that sounds like the best way to progress - is there any specific clause in the money laundering act that you think it contravenes? Many thanks

[des8]

What was your relationship with H ?
Obviously he was not a stranger if you were prepared to send an unknown person a large sum of money at his behest.
I'm thinking of Section 76 of the Serious Crime Act 2015, although if H is broke it might not get you your money back

If H had advised D that he was arranging to have money sent via a third party (you) D would not have questioned its arrival, and the rich are often rich 'cos they give nothing away and so perhaps is unlikely to ever give the money back voluntarily

[Andrew Mo]

Thanks for the feedback. H ‘was’ a friend - he is now in prison in the USA on an unrelated charge. I found out the is a career conman and if he has any funds he will have them hidden. I believe he signed his properties in the USA over to his wife’s name. I have asked D to do the morally correct thing and return the funds - he has since got his lawyers to threaten me with action ‘harassment’ and have sent me an email saying they will no longer deal with me - they will only talk to my legal counsel. Obviously I cannot afford such counsel as all my funds are in his pocket. They are essentially warning and trying to bully me into not pursuing this. D is a multi millionaire and a fairly high profile individual in both the US and UK and claims to be a ‘philanthropist’. I hope that some appeal to his morality would work, but it appears he lacks that kind of decency. My only chance is to get the money off D, Can D be implicated in any wrong doing eg as an accessory, as receiving funds that were delivered through deception against an individual not compos mentis? This would seem to be my best recourse. Kind regards

[des8]

As you will be acting against a USA resident citizen, who has deep pockets to employ lawyers, even if you have a case against him IMO you will be banging your head against a brick wall.
Firstly I believe you would need to take action in the USA (unless you can serve the claim on him here in the UK if he has a residence here)
Secondly the amount is outside the small claim limit if you could even initiate a court action in the UK, and that has costs implications)

Unless you can get the law enforcement agents involved as suggested by 2222 I doubt you'll see your money again.
Sorry to say IMO any attempts will just lead you into throwing good money after bad

[Andrew Mo]

Thank you - the individual concerned ‘D’ is a U.K. citizen resident in the USA - he does not hold american citizenship. I DO have American citizenship however so am able to travel to the USA and implement action if necessary. Are there any no win no fee type lawyers in the US I could use? Anyone able to suggest such a lawyer? I refuse to roll over in this case

[des8]

just google "no win no fee lawyers in the US"

good luck