You do not sue to collect a phishing-related remission claim. A remission claim is a petition asking the Department of Justice to return forfeited criminal proceeds to victims.
A lawsuit targets the person who tricked you. A petition targets criminal-case money. You can pursue one, both, or neither, based on your loss and proof.
Table of Contents
- What remission covers
- Do you need a lawyer or lawsuit for remission?
- Why waiting for remission can hurt you
- Where should you report phishing and what should you save?
- How do you sue over the underlying fraud?
What remission covers
According to the U.S. Department of Justice, federal victims can seek return of forfeited proceeds by filing a petition for remission or mitigation.
The Attorney General can grant remission, restore property to victims, or protect innocent persons, as described in Justice Manual guidance on remission. The Criminal Division of the Department of Justice reports more than $13 billion returned to victims since 2000 through remission or restoration. You benefit only when your case has forfeited assets to share.
Do you need a lawyer or lawsuit for remission?
According to DOJ's Criminal Division, remission participation is free and needs no lawyer. Neither DOJ nor its remission administrators ever ask for payment to join or receive funds, as stated in DOJ's large remission guidance.
Treat any call, email, or letter asking for a fee to release remission money as fraud. Stop, keep the message, and check the case through DOJ channels before you pay or share bank data.
Why waiting for remission can hurt you
The U.S. Attorney's Office for the Southern District of New York explains one limit.
Remission becomes available only after seizure, final forfeiture, and sale of property, as described in the office's Terraform Labs fraud case page. That office advises victims to notify banks promptly, preserve headers and receipts, and meet dispute deadlines. Do not wait for forfeiture to protect a bank claim.
Where should you report phishing and what should you save?
File with the FBI's Internet Crime Complaint Center at ic3.gov. The FBI asks victims to include sender address, email date, phone number, hearing date if relevant, invoice amount, payment method, and bank details.
Report separately at ReportFraud.ftc.gov. The Federal Trade Commission says to click "Report Now," describe the scam, and list payment amount and method. You then receive a report number plus next-step guidance by email if you supply an address.
- Save sender addresses, dates, phone numbers, invoices, and bank records
- Note payment method and amount for each transfer
- Keep report numbers from IC3 and the FTC
How do you sue over the underlying fraud?
Under Regulation E, a transfer counts as unauthorized when someone gains account access through hacking or phishing and initiates the transfer. The Consumer Financial Protection Bureau says the consumer receives no benefit from that transfer. Ask your bank about Regulation E dispute rights quickly.
For court action, one example comes from California. In California small claims, individuals can claim up to $12,500 and businesses up to $6,250, as outlined in the California small-claims guide. That guide puts the plaintiff's-claim fee at $30-$100. Suing above the cap requires waiving the excess or using civil court.