need help, ebay-cops-theft-pleased 5th?

[dagloman]

Hey guys, I've got a heck of a story here and I really need some help and fast.
Ok, so a buddy of mine wants to use my ebay account to sell a few things. No big deal because he's a friend, promises to cover fees and so on. So 2 days later I get a voicemail from my old boss at a pizza store saying I either need to turn in the hot bags I have listed on ebay...or the next day he's calling the police. So I called the friend, who also worked at the same place and said look man, my names all over that ebay account and Im not getting in a big mess over you using my account, you need to go up there and talk to em. He's nervous/scared/embaressed of whats gonna happen obviously, so I went to his house, picked them up returned them, explained to the owner I had nothing to do with this. He was very nice about things, I left on great terms and he said I was the last one he thought would of done something like that. I didnt wanna reveal the friends name and he said look, we've thought it was "john" and we know you guys are friends. Admit to me it was him and everything will be done....so I had to clear my name and told em.Hated to, but did. So the next day I get a call from a detective for the sherriff's office asking about it. I missed the call but left 6 voicemails the next 3 days with no responce. After over a week he calls back and I tell him the exact same story I told the owner. The detective says the owner is trying to bust "john" for selling 15 bags on ebay back in october/november (johns last day was thanksgiving week). He also says that he wants me to give a recorded statement of what I told him. I talked to "john" about everything...he told me back in november he took 3 bags, listed them online and when someone became suspicious took the auction off and then returned the bags the next day....but never actually sold any. So the questions start here....obviously I know/hope/think he's innocent of theft really...maybe had intentions but didnt do through with it. I've been told by others maybe I might have a part in this since it was my ebay name, and that I deleted the auction when I found out what happened. The whole deal makes me look absolutely horrible...but I shouldnt get in trouble for doing the right thing. Our whole thought is that they don't really have anything on him, since the name he listed the original bags had no ties to his name, address, phone #'s or anything and they are trying to pry something outta me. Also in 3.5 weeks since the 1st call from the detective (he's only called 2 times) and since october when this started, "john" hasnt been contacted or questioned once, they have his address and phone #'s. So my questions is since everything was returned....they have no proof on him for the past stuff he listed...though they think he was part of it...what can they do? I havent given any recorded statements and want to know if I can refuse to do it maybe plead the 5th or something. Also, anyway that he could sue over this? I know he was in the wrong by taking the stuff, but drivers take bags home all the time on accident and bring em back the next day, thats not a crime...thanks guys I appriciate any help.

Originally Posted by dagloman

Hey guys, I've got a heck of a story here and I really need some help and fast.
Ok, so a buddy of mine wants to use my ebay account to sell a few things. No big deal because he's a friend, promises to cover fees and so on. So 2 days later I get a voicemail from my old boss at a pizza store saying I either need to turn in the hot bags I have listed on ebay...or the next day he's calling the police. So I called the friend, who also worked at the same place and said look man, my names all over that ebay account and Im not getting in a big mess over you using my account, you need to go up there and talk to em. He's nervous/scared/embaressed of whats gonna happen obviously, so I went to his house, picked them up returned them, explained to the owner I had nothing to do with this. He was very nice about things, I left on great terms and he said I was the last one he thought would of done something like that. I didnt wanna reveal the friends name and he said look, we've thought it was "john" and we know you guys are friends. Admit to me it was him and everything will be done....so I had to clear my name and told em.Hated to, but did. So the next day I get a call from a detective for the sherriff's office asking about it. I missed the call but left 6 voicemails the next 3 days with no responce. After over a week he calls back and I tell him the exact same story I told the owner. The detective says the owner is trying to bust "john" for selling 15 bags on ebay back in october/november (johns last day was thanksgiving week). He also says that he wants me to give a recorded statement of what I told him. I talked to "john" about everything...he told me back in november he took 3 bags, listed them online and when someone became suspicious took the auction off and then returned the bags the next day....but never actually sold any. So the questions start here....obviously I know/hope/think he's innocent of theft really...maybe had intentions but didnt do through with it. I've been told by others maybe I might have a part in this since it was my ebay name, and that I deleted the auction when I found out what happened. The whole deal makes me look absolutely horrible...but I shouldnt get in trouble for doing the right thing. Our whole thought is that they don't really have anything on him, since the name he listed the original bags had no ties to his name, address, phone #'s or anything and they are trying to pry something outta me. Also in 3.5 weeks since the 1st call from the detective (he's only called 2 times) and since october when this started, "john" hasnt been contacted or questioned once, they have his address and phone #'s. So my questions is since everything was returned....they have no proof on him for the past stuff he listed...though they think he was part of it...what can they do? I havent given any recorded statements and want to know if I can refuse to do it maybe plead the 5th or something. Also, anyway that he could sue over this? I know he was in the wrong by taking the stuff, but drivers take bags home all the time on accident and bring em back the next day, thats not a crime...thanks guys I appriciate any help.

Q: So my questions is since everything was returned....they have no proof on him for the past stuff he listed...though they think he was part of it...what can they do?

A: Arrest you both for theft. You are the fence so you can be charged as a principal, not an accessory.


Q: I havent given any recorded statements and want to know if I can refuse to do it maybe plead the 5th or something.

A: Yes, you can plead the fifth if you are guilty of something; if you are not guilty of anything, then you cannot plead the fifth.


Q :Also, anyway that he could sue over this?

A: Yes, the people y'all stole from can sue you too (civil as well as criminal liability).


Q: I know he was in the wrong by taking the stuff, but drivers take bags home all the time on accident and bring em back the next day, thats not a crime...

A: But trying to sell them on eBay is.