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Ex-employee swapped package contents before sending

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ExEmployeeTheft

Junior Member
What is the name of your state (only U.S. law)? Oregon, the buyer is in Virginia

A buyer and I came into contact on a forum for fertility medications for her last in vitro cycle. We agreed on a price and ship date. The buyer sent a deposit through Paypal. My assistant, who has since been fired over this and her work visa revoked so she'll be heading back to her home country this weekend, swapped out the contents and sent a children's book, and then she also sent it to a school in the buyer's zip code by USPS Express.

Before I knew she did that, all I knew as it was confirmed delivered and the balance hadn't been paid, so I posted about that on the same forum the buyer and I met on. It came out last night and this morning what my now-ex assistant did. A retraction and apology was posted.

What complicates matters is the buyer was in the middle of her in vitro cycle and had already gone a couple days without this medication by the day it was supposed to be delivered, and without this med, her cycle can't continue. Keeping going was questionable with already missing a couple days of the main med in the middle of the cycle. She had no other potential buys lined up. If she didn't buy from me, she was going to have to stop anyway.

Now since it was my choice, and fault, to trust this ex-employee, the buyer is getting a full refund of the deposit made. $100. The balance was $300, but that was never paid. So we are dealing with $100. However she wants to take it further and have me and maybe my domestic partner jailed for Christmas.

Right now there's a Paypal dispute, so I can't hit the refund button. I've written a statement to Paypal about what happened and that she's entitled to the refund, so please just find in her favor.

I am worried sick over this right now, sorry for the buyer, betrayed by an employee I trusted, one I hired and who was going to take over for me when I go on maternity leave.

I want to know what we can expect to come of this if she decides she wants to try having us jailed for what my employee did, especially since she is getting a full refund. What legal obligations do we have aside from that refund?
 


Zigner

Senior Member, Non-Attorney
Was this prescription medication?

I suspect the money isn't your biggest problem...
 

ExEmployeeTheft

Junior Member
Yes. I verified she has a valid prescription for it. It also wasn't sent after all because my stupid employee swapped the med for a book.
 

sandyclaus

Senior Member
Yes. I verified she has a valid prescription for it.
And are you a licensed pharmacy? Even if the buyer has a valid prescription doesn't mean that you can sell the medication to her if you are not licensed to do so.

EDIT: You know, I'm thinking that "fertility drugs" are code for something else that OP shouldn't be hawking over the internet.
 

ExEmployeeTheft

Junior Member
No, I am not a licensed pharmacy. The medication is Follistim. Most insurance companies don't cover fertility meds, and the out of pocket cost is extremely high, as much as $5,000 per cycle. It's very common for people to sell the meds that didn't get used to try to recoup the cost, usually at very steep discounts, to people who can't afford to pay retail. I can direct you to many websites where women hoping to become mothers participate openly in the buying and selling of fertility medications. These meds are too expensive for most people to stomach tossing if there's someone else who needs them, but don't have insurance that will pay and can't afford the extremely high cost out of pocket. The Follistims I was selling her have a retail value of about $3,000. That's just a single medication out of several for a single try. All I've been able to find is you've got to have a valid prescription from a doctor seen in person to buy, and to sell the seller has to verify the prescription is valid. This is what happened in this case. And yes, she has a valid prescription.

I can also point you to the posts about this if you don't believe that I really mean fertility medications and not street drugs.

Sandy, where things stand right now is my assistant did NOT mail the Follistim as she misled me to believing she did. The buyer will also be getting a refund as soon as Paypal gets around to it. The money has been deducted from my account, and I've already told them to just refund it because my assistant didn't send the Follistim as she was supposed to. So at this point, no sale actually happened. It's a failed sale. The buyer will be made whole with the refund, though I don't have the Follistim back. So. No sale ended up taking place. It got as far as a deposit for $100, my stupid assistant sending a stupid book, and the buyer getting a refund for that but wanting me jailed for the book.
 
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sandyclaus

Senior Member
No, I am not a licensed pharmacy. The medication is Follistim. Most insurance companies don't cover fertility meds, and the out of pocket cost is extremely high, as much as $5,000 per cycle. It's very common for people to sell the meds that didn't get used to try to recoup the cost, usually at very steep discounts, to people who can't afford to pay retail. I can direct you to many websites where women hoping to become mothers participate openly in the buying and selling of fertility medications. These meds are too expensive for most people to stomach tossing if there's someone else who needs them, but don't have insurance that will pay and can't afford the extremely high cost out of pocket. The Follistims I was selling her have a retail value of about $3,000. That's just a single medication out of several for a single try. All I've been able to find is you've got to have a valid prescription from a doctor seen in person to buy, and to sell the seller has to verify the prescription is valid. This is what happened in this case. And yes, she has a valid prescription.

I can also point you to the posts about this if you don't believe that I really mean fertility medications and not street drugs.

Sandy, where things stand right now is my assistant did NOT mail the Follistim as she misled me to believing she did. The buyer will also be getting a refund as soon as Paypal gets around to it. The money has been deducted from my account, and I've already told them to just refund it because my assistant didn't send the Follistim as she was supposed to. So at this point, no sale actually happened. It's a failed sale. The buyer will be made whole with the refund, though I don't have the Follistim back. So. No sale ended up taking place. It got as far as a deposit for $100, my stupid assistant sending a stupid book, and the buyer getting a refund for that but wanting me jailed for the book.
The last time I checked, it was illegal to sell your own personal medications to someone else, even if they have a prescription for them. Unless you are a licensed pharmacy, the buyer has no guarantee that what they are buying is the genuine article. And YOU have no way to know for certain that the buyer has a valid prescription for the medication.

I'm with Zig. You have bigger problems here than just worrying about your assistant swapping out these medications for a children's book. Now you could be charged with distribution of a prescription medication without a license.
 

ExEmployeeTheft

Junior Member
Except that the Follistim didn't get sent. My ex-employee stole it and sent a book.

What repercussions does the woman who tried buying face for trying to buy from someone she knew wasn't a pharmacy?
 

Zigner

Senior Member, Non-Attorney
Except that the Follistim didn't get sent. My ex-employee stole it and sent a book.

What repercussions does the woman who tried buying face for trying to buy from someone she knew wasn't a pharmacy?
Ahh, so you MEANT to shoot the guy, but someone put blanks in the gun. :rolleyes:

Don't worry about THEIR repercussions...
 

sandyclaus

Senior Member
Except that the Follistim didn't get sent. My ex-employee stole it and sent a book.

What repercussions does the woman who tried buying face for trying to buy from someone she knew wasn't a pharmacy?
Put it this way... try googling "unclean hands".

If the buyer tries to sue for non-receipt of their illegally purchased prescription meds, they won't succeed. And when that doesn't work out, they are going to end up pressing a criminal charge against you for trying to sell in the first place.

Either way, the buyer is going to get their money back (because you have admitted that they should get it back, and are not standing in their way of doing so). But YOUR goose is cooked...
 

Proserpina

Senior Member
Except that the Follistim didn't get sent. My ex-employee stole it and sent a book.

What repercussions does the woman who tried buying face for trying to buy from someone she knew wasn't a pharmacy?


You need an attorney.

Likely a defense attorney.

Google "unclean hands".
 

>Charlotte<

Lurker
What repercussions does the woman who tried buying face for trying to buy from someone she knew wasn't a pharmacy?
According to 475.101, if she reports you she can be granted immunity for her own involvement. I think the general consensus is that law enforcement is generally more interested in the sellers than the buyers.

Seriously, did you really have no idea that selling controlled substances without being appropriately licensed is illegal? Or did you know it's illegal, but thought it just wasn't that big of a deal?
 

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