Civil liability

34 V.I.C. § 470c — under The Elder and Dependent Adult Abuse Prevention Act.

34 V.I.C. § 470c

(a) A civil cause of action exists for financial exploitation of an older or a dependent adult. A person against whom a civil judgment has been entered for financial exploitation of an older or dependent adult is liable for treble damages to the victim or to the estate of the victim, plus reasonable attorney fees and court costs.

(b) This section is operative regardless of whether or the defendant has been charged or convicted of the criminal offense as described in section 470b. This section does not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an older or a dependent adult.

(c) If a person who stands in a position of trust and confidence is charged with financial exploitation of an older or a dependent adult that involves the taking or loss of property valued at more than $5,000, the Attorney General may file a petition with the Superior Court, when the defendant has been charged, to freeze the assets of the defendant in an amount equal to, but not greater than, the alleged value of lost or stolen property in the defendant’s pending criminal proceeding, for purposes of restitution to the victim. The burden of proof required to freeze the defendant’s assets is a preponderance of the evidence.