Whacky ebay case is this criminal?

[Silverplum]

You are adding nothing to the discussion

I checked for my state and it says
'

Class 6 felony
The offense defined in subsection (a) is a Class 5 felony if: (1) a person obtains, possesses, transfers, or uses the identifying information of more than 100 persons; (2) the fair market value of the fraud or harm caused by the offense is at least $50,000; or (3) a person obtains, possesses, transfers, or uses the identifying information of a person who is less than 18 years of age and is: (A) the person's son or daughter; (B) a dependent of the person; (C) a ward of the person; or (D) an individual for whom the person is a guardian.


Class 6 felony
The offense under subsection (a) is a Class 5 felony if: (1) a person obtains, possesses, transfers, or uses the synthetic identifying information of more than 100 persons; or (2) the fair market value of the fraud or harm caused by the offense is at least $50,000.


This isnt even close to a 50000 case, this is why i am looking for what the legally makes this a crime, not your ridiculous non helpful posts

The truth is that you suffered no damages.

The other truth is that we will all ignore you if you are unpleasant to the nice volunteers. Zigner is not a troll: he is a respected senior contributor here.

 

[Zigner]

Even in the OP's state, it's a crime...but he just wants to spend his time throwing a tantrum.

 

[quincy]

I am looking for legal theory here, not troll posts ....

You are asking for the knowledgeable members of this forum to use their time to address a hypothetical situation and we do not entertain hypotheticals on this forum ... that is, unless the subject of the hypothetical happens to intrigue one of us or the poster asking the hypothetical is charming.

I see a failure for you on both counts.

Good luck with your continued research, mramerican.

 

[tranquility]

You are asking for the knowledgeable members of this forum to use their time to address a hypothetical situation and we do not entertain hypotheticals on this forum ... that is, unless the subject of the hypothetical happens to intrigue one of us or the poster asking the hypothetical is charming.

I see a failure for you on both counts.

Good luck with your continued research, mramerican.

For instance, say he were in Michigan and wanted a friend to drive him to the library to post a negative review on E-bay. Would the friend need a chauffeur's license?

 

[Zigner]

For instance, say he were in Michigan and wanted a friend to drive him to the library to post a negative review on E-bay. Would the friend need a chauffeur's license?

Only if he wears the funny hat.

 

[quincy]

For instance, say he were in Michigan and wanted a friend to drive him to the library to post a negative review on E-bay. Would the friend need a chauffeur's license?

Hahaha.

You should know that your posts in the chauffeur thread actually earned you my first ever "" response, tranquility. Yikes, you were annoying.

 

[tranquility]

Hahaha.

You should know that your posts in the chauffeur thread actually earned you my first ever "" response, tranquility. Yikes, you were annoying.

When one just knows the answer, having to argue a legal basis is always annoying. Hypothetically.

 

[mramerican]

You are asking for the knowledgeable members of this forum to use their time to address a hypothetical situation and we do not entertain hypotheticals on this forum ... that is, unless the subject of the hypothetical happens to intrigue one of us or the poster asking the hypothetical is charming.

I see a failure for you on both counts.

Good luck with your continued research, mramerican.

This situation actually happened its not hypothetical, the only part of this is hypothetical is me being able to prove this was actually done (which can be proven since they record all calls with ebay), posts stating what we already know "that its a crime" don't help things, what specificly in this situation would make it a crime if i've suffered no damage or received no real provable harm thats all

 

[Zigner]

This situation actually happened its not hypothetical, the only part of this is hypothetical is me being able to prove this was actually done (which can be proven since they record all calls with ebay), posts stating what we already know "that its a crime" don't help things, what specificly in this situation would make it a crime if i've suffered no damage or received no real provable harm thats all

Look, here's the deal. Your question is absolutely irrelevant as nobody will prosecute this. Period. End of story. Your question is hypothetical because you're asking about something that isn't going to happen based on your vague suspicions of what might have happened.

I've already told you what to look for if you wish to research this further, but I'll say it outright. You are dealing with a possible case of identity theft. Of course, you don't know that's what happened, but hey, it's the closest you've got. The sections you found in your state's law refer to additional penalties if the identity theft is large scale, but that doesn't mean the act itself is any more legal when committed against only one person.

 

[quincy]

When one just knows the answer, having to argue a legal basis is always annoying. Hypothetically.

... ...

(the moderator apparently didn't recognize the historic nature of my last roll eyes in the chauffeur's thread and deleted it ... and I don't want to rob you of the well-deserved honor, tranquility)

 

[Zigner]

Now you two...don't make me stop this car and come back there.

 

[tranquility]

... ...

(the moderator apparently didn't recognize the historic nature of my last roll eyes in the chauffeur's thread and deleted it ... and I don't want to rob you of the well-deserved honor, tranquility)

http://goo.gl/hGvTZ5

 

[Cosmina]

I am based in Indiana

With that said I posted a negative feedback for a seller, what i think happened next is he called ebay pretending to be me with my credentials and had a case opened on my behalf and then won the case! The feedback was removed.

I did not suffer any montetary or physical losses from this, but is this something that can be punished criminally?

The best thing for you to do at this point is visit the e-bay community discussion forums(I'll post a link below if I am allowed) -- tell your story there and ask for their help. There was a situation on the boards similar to yours awhile back where someone received a message saying they had opened a case when they had not; I can't remember what the solution was but they figured it out and there ended up being no conspiracy or malice involved, it was just e-bay's weird way of wording things causing confusion(which is nothing new). Also, as far as the feedback removal goes, did you violate any of e-bay's feedback rules . . . for instance mentioning a case, no matter what the reason, is automatic grounds for feedback removal? Good luck .

http://community.ebay.com/t5/Bidding-Buying/bd-p/bidding-buying-db

 

[Dandy Don]

What did EBAY say when you discussed this with them?

 

[tranquility]

My question is more hypotheticly if this happened (and it was proven he opened a case claiming to be me only to have it closed), how could this be prosecutable if I can't prove any loss or intent for monetary gain from this guy? What element about this would make it a crime? - everything i read about this says that there has to have been a significant loss suffered, or a potential loss - i can't see one from mine or ebays perspective if he misrepresented himself to ebay

Look, the law is quite broad in this and many issues. There are at least three books out there where appellate judges would opine everyone is in violation of three felonies every day. We rely on the elected prosecutors and the appointed prosecutors (from a person elected) to determine what the statutes mean. It's called prosecutorial discretion. It is one reason we vote; even though democracy seems an illusion.

Anyone competent in the law can find a discussable violation of the law on your facts. The reality of proving it and the legal issue as to what a violation is, depends on may things. Things you cannot provide. Even if you saw the purported violator doing what he did, there is still a legal issue. The courts, in theory, think broad. If the statue for certain reasons said standing is illegal and they have evidence of a person who stands, they will consider the effect as to if they find it illegal.

In your situation, I could argue it is prosecutable. I cannot argue it should be prosecuted. Were your alleged facts "wrong"? Yes. I'd hate it too. I'd yell at him, I'd change all passwords and I might kick him in the nuts. Would I call the police? Maybe. But, I would accept they will do nothing. No one was really hurt. The fact that there are some, amazing though it may seem, to a Nigerian prince who finds them trustworthy loses their life's savings, has me think a person who has lost nothing is low on the pole of where prosecutorial resources flow.

Face it, no one cares. Certainly not the State. If you have a loss, deal with it civilly.