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The legal route you're taking on this, even though its probably something a lawyer advised, is also the most likely for you to never see any bit of that $40k again, unfortunately. Heh, if anything, it will actually cost you/your friend more money, and is also pretty ineffective when going up against fraudsters.
Instead, you need to be a bit creative.
Realize and accept that this is not personal, its just business. Sure, bad business, and you got fucked, on purpose, without lube, and in the ass... But you have two goals here now:
Goal 1- Recover as much of the $40,000 as possible (including bank fees, etc)
Goal 2- Get the fraudster into prison.
(Goal 2 is an added bonus and a lot tougher than most people like to believe)
Don't show up at the guy's house/biz with a bat/weapon.
Don't threaten him or anyone.
Don't even have friends show up there, because as soon as you do, you lose the upperhand. It may feel good, but its not smart. You have no idea who the people are, and if they are connected to much bigger and scarier fuckers. No one wants to find out the hard way, right?
You should not even make threats about it on here or on anything for that matter.
Keep cool, and get the bank on your side. Go to BofA and talk to your branch manager or whichever rep you deal with typically. Would help even more if you've got their premium business banking service, but if you don't its fine. All you really have to do, is tell BofA that you've been defrauded by a criminal in another state, and that you've been getting hit up by the press about it.. and you'd rather keep this an isolated and quiet matter, but need the bank's help to file complaints with the FBI. Yes, that's right, the FBI. Its over state lines, and its bank and wire fraud and criminal as you stated above. The last thing any major US bank wants is negative press attention about how they did nothing as one of their clients lost money to a fraudster over the internet... Its a pretty big fear of theirs. Even though they've done nothing wrong to you, they will never go the extra mile for you unless you make it their problem (or even potential problem).
If BofA is on your side, then you have a MUCH better chance at recouping the lost funds. If you don't have immediate assistance of your bank, kiss the cash goodbye. The feds will also respond a lot faster and apply pressure to the local cops sometimes too, to get things moving there. Time is against you. Always. You need to haul ass, otherwise its gonna get forgotten about and ignored.
All of this is just my opinion.. but I've got a bit of a rep for doing some pretty high risk collections in your industry and my own, and for waaaaaay more than $40,000. Scammers/fraudsters only get away with it if you're a lazy sack of shit about it. And when you give them a chance or "the benefit of the doubt" for too long, they will fuck you. So go get your fuckin money back.
Obviously consult a lawyer first before following any of this advice, but someone who knows their shit. And take action NOW. Posting about it, sure it can be an effective warning to others, but really, you're just wasting time here when you could be at the bank getting their help and taking action!
There.
No more real contributions from me.
Back to the lulz.
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