There is a difference between criminal law and civil law. The price convicts have to pay in the criminal justice system for the tricks they played with others, has often no grounds for compensation or even indemnification of victims. Although there can be some form of satisfaction when the instigator is criminally prosecuted, individuals must find ways in the civil court to be compensated for their damages. It is very rare that a judge in criminal court orders the defendant to pay all damages to the victims. Often a penalty – sometimes jail time included – is forfeited to the State.
When a competent judge a person suspected of financial fraud or similar condemns, the verdict certainly gives opportunities in a civil case. There is legally and convincingly evidence that there was a criminal offense. From this conviction, liability may arise. This liability provides clues for damages and sometimes even total indemnification.
It is difficult to locate the right advisors. Attorneys, legal advisors and lawyers often have a certain expertise in the area of civil law, but to tackle a big bank or multinational is not always easy. The main issue in these cases is that without any emotion involved, a clear story must be presented where it is clear that there is a direct causality between the conduct by the defendant and the damage suffered.
The motto of the Organisation for Customer Protection in Bank Failures is “together everyone achieves more”. This working method ensures that a class action, in case this strategy gives the best odds, can be started quickly and successfully.
But it doesn’t end there. The organisation operates at the intersection between the future verdict (court cases are very time consuming) and today’s reality. Daily challenges need to be handled with care. Thereafter, the situation is more suitable for the preparation and execution of the civil case with the ultimate goal of complete indemnification.