Legal Question in Criminal Law in Nevada

receiving compensation

two years ago I was a victim of on online auction scam. I purchased and paid for an item,which was never delivered. I filed a complaint with the proper fed and local (Las Vegas) auth. In july I received a call from NV attorney Generals office. They found and prosicuted this person. As part of his sentancing he is to make restitution to his victims. His sentancing is scheduled for Sept 28, and I haven't received any resitution yet. Should I wait until after sentencing or contact the prosicuting attorney before this date?

Is it possible to obtain a judgement against him without having to travel to Las Vegas from Ohio, in case no restitution is accually made?


Asked on 9/21/05, 12:35 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: receiving compensation

Nevada law provides for civil liability (in addition to criminal restitution) for victims of crime.

The law is found here: http://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec133

NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury.

You should consult an attorney to protect your rights, including bringing your civil aciton within the applicable statute of limitations.

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Answered on 9/21/05, 4:09 pm


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