Filing an effective criminal complaint

On this page you find a complaint format; list of government agencies to file said complaint, and how to prepare your evidence.

Prepare your Evidence

Once you've determined that what happened to you is a fraud, then you have some things to consider.

1. Gather all your evidence, and create a file to store your evidence;

a) Evidence is everything you have that pertains to the crime (including leading up to the crime and after the crime); and

b) The evidence can be envelopes, notes, telephone bills, receipts, letters, e-mails, etc.

 

2. Put the evidence in chronological order;

3. Make a list of all the people involved, their contact numbers and addresses. In a column to the right write a brief description of how and why they are involved. Such as they were a witness, or they were the criminal. Make sure you include yourself. (See Example 1 below.)

4. On a separate sheet, write what happened. (See Example 2, below)

a) Make three columns;

b) In the column to the left write the following words one under the other leaving about five or more spaces between each one. Here's an example:

c) In the next column write the answers; and

d) In the third column list the evidence and witnesses.

 

5. Now go through and edit what you wrote to make it perfectly clear and succinct as possible. Keep in mind the investigator receiving your complaint needs just the facts. He/she will call you or the witnesses for further details if they need any. Keep editing and rewriting aiming for short to the point sentences. Keep making new sheets of paper as you rework your complaint.

6. Common mistakes to Avoid:

a) Too much detail or information. That is why #4 is crucial to follow. We know that all of it is important to you, but the goal is to get investigators to take your case. If it is too complicated or too wordy and difficult to follow, then it will probably be rejected.

b) Retaliation or grudge. If that is what you are seeking, investigators / prosecutors will see through and they will not help you.

c) Criticizing, blaming, condemning, demeaning, law enforcement, prosecutors, the judges, attorneys, will net you zero help. No matter how badly you felt you were treated, let go it and stay focused on getting justice. Don't let a bad experience jade you. You'll only be shooting yourself in the foot. If one agency turns you down or rejects you, go to the next with a fresh positive attitude.

d) Rambling. Stick to the facts, in the order it happened. It is better to have the outline of above. Leave emotional feelings or exchanges out of.

7. In the third column to the far right, list the evidence and or witness you have to verify your claim. Remember to include yourself as a witness when relevant. Give each piece of evidence a number or letter, so the investigator knows what goes to what. Do not mark your originals. Only mark the copies.

8. After you have completed your complaint, have friends and family critique it for you looking for the following items:

a) Grammar and spelling;

b) Facts with supporting evidence;

c) Is the complaint easy to understand:

d) Is anything missing:

e) Is it too long, too wordy, too rambling.

 

9. Make revisions you received from others.

 

10. Print your final copy of the criminal complaint and witness list. You should have two sheets of paper. Take those two forms and your file of evidence to a print shop and make 10 copies of each. When you get home, put your originals in a safe place.

 

11. Make packets from the photocopies. Each packet will have the cover page/witness list, then the complaint, and then the evidence in chronological order. By making these in advance, it will be easier for you to grab a packet and mail or hand deliver to the agency.

 

12. Now comes the part where you need to decide which government agency is the appropriate jurisdiction. If you are not sure, email us and we'll see if we can help direct you. Below is a list of government agencies and what type of frauds they handle.

 

13. The agency you file with will most likely have their own form they want you to fill out and submit to them. You will need to include photocopies of the evidence with the complaint. Never, never, never, give your originals to anyone for any reason. Fill out the basics on their form and write on it to see your packet.

 

14. If law enforcement or prosecutors tell you insufficient evidence, even though it is clear that property or money was stolen, do not despair. You are not alone. Mostly, prosecutors offices do not know have trained prosecutors when it comes to fraud.

 

15. There is also prevalent attitude that fraud is no big deal and you'll get over it. Another reason they have for denying justice is if you have/had a personal relationship with the accused.

 

16. The prosecutor may tell you that the issue is civil, not criminal, because that is the way the system works today. Financial crimes are rarely prosecuted in today's criminal justice system.

 

17. It is common for crooks to con their victims in to a partnership agreement, opening a joint checking account, buying a vehicle on a term agreement or just becoming a very close friend, then disappearing with property and money belonging to the victim. The crook knows the odds are in their favor that the victim will not get justice.

 

18. Do not let this discourage you. You may be one of the fortunate ones to receive justice.

 

Agencies that Investigate Fraud

California State Agencies

(If you are not in California, see the federal listings below or search for the same state agency in your state.)

Department of Consumer Affairs
Licenses over 200 professionals ranging from doctors to accountants to contractors. Phone (800) 952-5210 to reach the Consumer Information Center, where staff members can help find the right government agency to help with a particular problem. Web site provides a Consumer Resource & Referral Guide. Using the Guide's Complaint Referral Table, customers can look up the type of business, and it will refer them to the appropriate agency.

Office of the Attorney General
Takes complaints against a variety of businesses. The Attorney General has authority under Corporations Code section 1508 to intervene on behalf of shareholders in a corporation who are denied certain specified legal rights in the form of a "Notice of Complaint" letter to the corporation.

Department of Corporations
Responsible for the regulation of securities, franchises, off-exchange commodities, investment and financial services, independent escrows, consumer and commercial finance lending, and residential mortgage lending. Has exclusive authority to bring both civil and administrative actions under the laws subject to the jurisdiction of the California Corporations Commissioner. For questions regarding the laws administered by the Securities Regulation Division, call (866) ASK-CORP [(866) 275-2677].

Seniors Against Investment Fraud (SAIF)
A statewide outreach campaign under the California Department of Corporations and funded by the Governor's Office of Criminal Justice Planning. The primary purpose of SAIF is to take the leadership role to alert and educate all Californians over the age of 50 about investment and telemarketing fraud crimes and how to avoid being victimized.

Department of Financial Institutions
Has jurisdiction over state chartered banks. For questions or complaints contact 1-800-622-0620 or (916) 322-5966.

Department of Insurance
Has jurisdiction over title and other insurance companies and provides information relating to requirements for insurance companies, agents, and brokers. For questions or complaints contact 1-800-927-4357 or (213) 897-8921.

Federal Agencies

Securities and Exchange Commission (SEC)
Protects investors and maintains the integrity of the securities markets. Each year the SEC brings between 400-500 civil enforcement actions against individuals and companies that break securities laws. Typical violations include insider trading, accounting fraud, and providing false or misleading information about securities and the companies that issue them. The web site includes the EDGAR database of disclosure documents that public companies are required to file with the Commission.

Federal Trade Commission (FTC)
Enforces federal consumer protection laws that prevent fraud, deception, and unfair business practices. The Commission also enforces federal antitrust laws that prohibit anti competitive mergers and other business practices that restrict competition and harm consumers. While the FTC does not resolve individual consumer problems, a complaint helps the FTC investigate fraud, and can lead to law enforcement action.

Office of the Comptroller of the Currency
Charters, regulates, and supervises national banks to ensure a safe, sound, and competitive banking system. The agency can remove officers and directors, negotiate agreements to change banking practices, and issue cease and desist orders as well as civil money penalties.

Office of Thrift Supervision
A division of the U.S. Dept of the Treasury that has enforcement authority over federally-chartered and state-chartered savings institutions.

Other Helpful Resources

Better Business Bureau
Provides valuable information to both businesses and consumers to assist in making informed decisions.

State Bar of California
Provides information relating to registration of law corporations and limited liability partnerships. Also provides links to county bar associations that have lawyer referral services.

Coalition Against Insurance Fraud
Serves as a national clearinghouse for fraud information.

National Consumer Law Center (NCLC)
Helps consumers, their advocates, and public policy makers use consumer laws on behalf of low-income and vulnerable Americans seeking economic justice. NCLC does not have the resources for advising consumers directly and refers consumers to their county bar associations or legal aid programs for local legal referrals.