The Expert Podcast

• What can you realistically recover if you’ve lost money in an online scam, cryptocurrency scam, or investment scam?
• Understanding the legal limitations on how much you can get back after sending money to a fraudulent company or person.
• Insights from an article by Shepard Mullen Richter and Hampton law firm (note: we are not attorneys and not giving legal advice).
• Explanation of how courts define “loss” in fraud cases — and why this definition tends to favor the scammers (defendants).
• Example scenario:
  • You send $10,000 to an online investment scam promising profit.
  • The scam shows your account “grew” to $18,000, then $52,000, asking for more money.
  • When you realize it’s a scam and want your money back, how much loss counts?
• Court ruling summary:
  • Loss only includes the actual money sent — not the fake inflated account balances shown.
  • Loss does NOT include what you might have earned if you invested the money elsewhere (no “opportunity cost”).
• The impact of this loss definition on sentencing criminals:
  • Punishment is based on the actual amount stolen, not on any inflated statements or paper gains.
• Key takeaway for scam victims:
  • You can typically only recover what you actually sent, not what the scam promised or showed on fake statements.
• An exception example: Sixth Circuit ruling on gift card fraud where a minimum loss amount applies regardless of actual harm.
• How this legal interpretation affects prosecutors’ ability to use conspiracy charges as a stronger tool in fraud cases.
• Final advice: When calculating your losses from online scams, only count the actual money you sent, not any fake profits or statements shown by scammers.