$0.1 Million lawsuit because of server abuse, the chances to recover money

[ICPH]

Hello,


i seek Your kind advice and opinion regarding classic abuse/fraud in web-hosting industry.


a) There is an US company who provide dedicated server to the customer from Germany.


b) The German customer using the server (one of its ARIN IPs) to provide shared web-hosting account to a customer from Nigeria.


c) The Nigerian customer send an email from his web-hosting account and trick some Italian company to send him 100 000 USD (example: international bank transfer from Italy to United Kingdom).


The Italian company then submit an lawsuit in Italy providing email headers of the communication with scammer and details of the transaction, details of the case.


I want to ask what is the probability that Italian company will get the money back from:


a) US server, IP provider


b) German web-hosting provider


c) Nigerian scammer


What are the ways to get money back and how such a legal process will/can run?


Thank you

 

[DomainBop]

The US company is covered by ISP immunity laws.  Germany has similar laws that will protect the host.  


If the Nigerian was dumb enough to leave a trail so he can be identified (which is doubtful), then...


If the Italian company won the lawsuit it filed in Italy against the Nigerian  and if Italy and Nigeria have reciprocal agreements then the Italian company could attempt to have the judgment enforced but the costs to try to enforce the judgment would likely eat up most of that $100K (and if the Nigerian already spent all of that $100K and doesn't have any assets there could be nothing to collect so the Italian company will have spent a lot of money for nothing).  


If Italy and Nigeria don't have a reciprocal agreement for foreign judgments then the Nigerian could just ignore the whole legal process because there would be no legal way for the Italian company to collect on the judgment (unless the Nigerian decided to vacation in Rome...)


There is also the little matter of jurisdiction.  Typically when you sue someone you sue them in the jurisdiction where they live (in the case of an individual) or where they conduct business (if you're suing a company).  If the Nigerian is sued in an Italian court he could always try to get the case thrown out by claiming the Italian court doesn't have jurisdiction to try the case.  The Italian company could then be forced to bring suit in the Nigerian courts (which is another scenario where costs and legal fees would likely eat up most of that $100K)