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Whacky ebay case is this criminal?

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mramerican

Junior Member
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?
 


Zigner

Senior Member, Non-Attorney
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?
What you have is a vague suspicion. Vague suspicions do not a criminal case make.
 

mramerican

Junior Member
True. Very true, but a case was opened on my behalf and i'm the only one with access to my account, i can only deduce the only way the case was opened was that the seller used the information he had access to (my zip code name and address) to open this case.. a case he knew he could win (and did)

Lets say hypotheticly he actually did pull this off, is it criminally chargable?
 

tranquility

Senior Member
True. Very true, but a case was opened on my behalf and i'm the only one with access to my account, i can only deduce the only way the case was opened was that the seller used the information he had access to (my zip code name and address) to open this case.. a case he knew he could win (and did)

Lets say hypotheticly he actually did pull this off, is it criminally chargable?
Hypothetically? Yes.
 

tranquility

Senior Member
please elaborate, how would I be able to prove that I was actually harmed or damaged from this behavior?
I believe your premise was:
Lets say hypotheticly he actually did pull this off, is it criminally chargable?
I don't see how anyone is going to go through the motions to prove it. And, my "hypothetically" was more related to if a crime occurred if your facts could be proven. Depending on what facts are proven, there could have hypothetically been a crime committed. I don't think such things have been prosecuted as a rule, but, hypothetically, sure.
 

quincy

Senior Member
The removal of a comment I posted is enough to have something like this prosecuted?
The removal of the negative comment you posted, without knowing who did it or how or why, is not enough for a criminal charge and, without any losses suffered by you and no facts, you have nothing to support a civil action.

Hypothetically, anything can be imagined.
 

mramerican

Junior Member
I believe your premise was:
I don't see how anyone is going to go through the motions to prove it. And, my "hypothetically" was more related to if a crime occurred if your facts could be proven. Depending on what facts are proven, there could have hypothetically been a crime committed. I don't think such things have been prosecuted as a rule, but, hypothetically, sure.
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
 

Zigner

Senior Member, Non-Attorney
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
So, let's see...this guy contacts eBay and claims to be you, having all of your identifiable information. In other words, he uses your identity. What crime do YOU think may have happened?
 

mramerican

Junior Member
I am looking for legal theory here, not troll posts - obviously something NOT RIGHT has happened here, i am looking for someone ot shed some light on the legal terminology or on what specificly makes this a crime so I can decide whats next
 
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mramerican

Junior Member
Read my post again...pick out key words. I'm trying to help you help yourself. Besides, this is all hypothetical, right? :rolleyes::rolleyes:
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
 

Zigner

Senior Member, Non-Attorney
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
You are a close-minded fool. I'm bored of you.
 

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