How can I press charges from an Ebay/paypal scam, lost thousands but peson in US.

[NetBook]

Hello.

I have been scammed out of over $10,000 from a professional con artist who has stolen from other ebay members and people from her local community. She also have judgment against her from many different people and has filed for bankruptcy 3 times in the last 10 years. Her local news paper shows that the police has charged her once for identify thief and once for having stolen property but somehow has always avoid jail and been able to talk her way out of trouble.

There is an entire forum for her home town were people have talked about how they have been scammed by this person. Even members of her own family are on these form and say that she has scammed them too. ( That right, she scammed even her own family members)

She basically sold items she did not have for almost $20,000 on ebay. Most people able to recover from paypal or their credit card. I sent the person a check and she tries to get me to send her more money to get my items back saying it was for an insurance deductible ( which I did not fall for)

I am wondering if there is anything I can do to see this person be brought to justice for this crime?

I have called my local police department which did not know what to do since the person is out of state. They told me to contact the internet complains department but was not sure. I submitted their form but it looks like a dead end. I was never contacted back and I doubt anyone has even read my message.

internic3.gov


There is anyone I can contact who can go after this professional con artist. This person full time job is to scam people for very large amount of money and I think she need to be stopped. No amount was too much, she would have scammed me forever if she could.

This person is very good at what she does which is manipulate people and manipulate around law enforcement.

Please let me know if there is any particular branch of law enforcement who you think I could contact over this person.

Thanks for your help.

 

[TheGeekess]

Contact the local (to her) law enforcement.

And stop NOT answering the very first question you are asked on this site:
WHAT IS THE NAME OF YOUR STATE (US LAW ONLY)?

 

[Antigone*]

This is probably thread #10 on this same subject. He just doesn't get it.

 

[NetBook]

Contact the local (to her) law enforcement.

And stop NOT answering the very first question you are asked on this site:
WHAT IS THE NAME OF YOUR STATE (US LAW ONLY)?

I do not want to confuse the issue with people applying my state's laws to the criminal who is located over over a thousand miles away in another state. I am also moving in a few months so its not listing my current state would probably not help when I will be in a new state by the end of the year.

Her local law enforcement would be anyone I can get to talk to me? Police, district attorney, state attorney,etc..?

What about Federal law enforcement options? Am I better with local vs federal law enforcement? This crime is across state lines.

 

[NetBook]

This is probably thread #10 on this same subject. He just doesn't get it.

My threads were about how to get my money returned via litigation or how to protect my interest in a bankruptcy, this thread is solely about criminal prosecution.

Tell you what, If you see my name on a thread, just ignore it. I do not want any help from you( not that you ever offered any)

Please go away and bother someone else.

 

[Proserpina]

I do not want to confuse the issue with people applying my state's laws to the criminal who is located over over a thousand miles away in another state. I am also moving in a few months so its not listing my current state would probably not help when I will be in a new state by the end of the year.

Her local law enforcement would be anything I can get to talk to me? Police, district attorney, state attorney,etc..?

What about Federal law enforcement options? Am I better with local vs federal law enforcement? This crime is across state lines.

Let me try.

Where does the alleged CRIMINAL live?

It MATTERS.

 

[NetBook]

Let me try.

Where does the alleged CRIMINAL live?

It MATTERS.

Well, if you really feel it matters, its the state with the famous fried chicken. Kentucky. I don't suppose you have friends in law enforcement there?

 

[Proserpina]

Well, if you really feel it matters, its the state with the famous fried chicken. Kentucky.

BINGO!

Now, once you've put your attitude and indignation away for the evening, you need to look at the process of suing her where she lives.

However, from your other thread it would appear that she's throwing the whole thing into bankruptcy anyway. So, you'll need to think about filing an adversary proceeding with the bankruptcy trustee...assuming you actually have proof of wrongdoing (fraud etc.,).

One thing.

You claim she's filed bankruptcy 3 times in 10 years?

Really? In the US?

 

[NetBook]

BINGO!

Now, once you've put your attitude and indignation away for the evening, you need to look at the process of suing her where she lives.

However, from your other thread it would appear that she's throwing the whole thing into bankruptcy anyway. So, you'll need to think about filing an adversary proceeding with the bankruptcy trustee...assuming you actually have proof of wrongdoing (fraud etc.,).

One thing.

You claim she's filed bankruptcy 3 times in 10 years?

Really? In the US?

Hi.

Just don't want her to find out I am building case against her. More information I provide, the more ways she can come across this in a search.

Yes, filed for bankruptcy 3 times in the last 10 years. There are several filed bankruptcy cases from her mother before that( I guess that is how she learned about it), charged with having stolen property once and identify thief once. There are several pawn shops on the bankruptcy list which could possible mean she sold them stolen merchandise that was repossessed. Even her own family members are telling me that she stole money from them.

She was actually laughing at me saying I will never see 1 cent because she is filing for bankruptcy. I found out that she could not even find an attorney to represent her, she is representing herself.

The scam she used would have put the Nigerian scams to shame. After she scammed me for over $10,000, she asked for over $1,000 more for an insurance deductible to get my money back.

Even know I was able to " recover" most of it via my credit card company, she technically got away with that money too and my credit card company ate the charge.

She lives thousands of miles away from me and I just have $800 left. I am trying to find what options I have locally in my small claims court or with law enforcement, or via teleconference/mail, signed affidavit with her police/court system)

It would eat up over $800 in no time in legal expenses and travel expense to travel to her state for a lawsuit. I believe its an interstate issue since it deals with ebay, money transfer online, check via US mail, etc..

I did send the clerk information telling them about the scam but the trustee does not seem interested in taking my phone calls. I think I represent a lot of every work on their part.

My understanding is that an " adversary proceeding" would most likely require me to actually travel to her state and hire an attorney which will cost more than $800 in which case she will figure out a way not to pay either. She is a professional at this scam game and knows all the tricks.

I can send certified letters, sign affidavits, corporate with law enforcement but I can't spend more money to travel to her state or hire an attorney.( She won't pay even after I spend all the money to win the case)

My hope is that a branch of law enforcement will prosecute her in federal court and order restitution based on fraudulent and illegal acts be paid.

A lot of situations fall in a gray area however this is such an outrageous case of fraud with a pattern and history to back it up. I think that any fair judge who look at this would throw the book at her.

Thanks.

 

[Proserpina]

Here's the thing.

One cannot file for bankruptcy every 1, 2, 3 or even 5 years. Three times in ten years is not legally possible.

There are VERY strict laws relating to this. I suggest you research them.

You are correct though - it will probably cost you more to file and obtain a judgment (and that's not including the cost of collecting the judgment which is another animal entirely) than it probably would to absorb your damages.

If law enforcement cannot help you, there is usually a reason for this. "Caveat Emptor" may apply.

 

[NetBook]

Here's the thing.

One cannot file for bankruptcy every 1, 2, 3 or even 5 years. Three times in ten years is not legally possible.

There are VERY strict laws relating to this. I suggest you research them.

You are correct though - it will probably cost you more to file and obtain a judgment (and that's not including the cost of collecting the judgment which is another animal entirely) than it probably would to absorb your damages.

If law enforcement cannot help you, there is usually a reason for this. "Caveat Emptor" may apply.

I think 6 years between chapter 13 and a chapter 7. She may have field but been denied the bankruptcy. beenverified.com's bankruptcy information is limited. I just know she filed, I don't know if she succeeded.

"Under the doctrine of caveat emptor, the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud." -wikipedia


This is not a " defect" in a product purchased but rather "material misrepresentations amounting to fraud"

Selling $20,000 of items on ebay in a 2 week period even know SHE never owned what she was selling. Just to take the money and run.

Asking for another $1,000 insurance deductible for something that does not even exist and insurance that does not exist.

What about running a charity fund raiser in her home town and stealing the proceeds, what about the history of identity thief charge and stolen property.

If this is not fraud, I don't know what is. That is why I say that if any judge look at this, they would throw the book at her.

I really don't think they would fall into the buyer beware category of having a scratch on a new item you bought but outright theft. This applies to the quality of the merchandise and being able to return it. Not representing merchandise that does not exist and outright stealing someone's money and running.

I believe this falls into the category of outright stealing via fraud.

 

[Proserpina]

I'm still curious as to the bankruptcy claims.

You've posted this on another legal forum, haven't you?

 

[NetBook]

I'm still curious as to the bankruptcy claims.

You've posted this on another legal forum, haven't you?

Ok, here is what I know.

I paid money for a background reporting company to research this person and found that she had filed 2 bankruptcy cases(2000,2004 ). The information is very limited. The current 2010 makes it the 3rd case she has filed.

I received a B9A( official form 9A) from the bankruptcy court with a VCIS toll free number to research your case. I called the number and searched by state and her social security number and found they had 3 cases in the system. I clicked on the other cases and found out they were past bankruptcy cases( which confirms what beenverified.com told me)

I do not know if she won or lost these bankruptcy cases, only she filed and attempted to gain bankruptcy 3 times from SEP 2010 back to the year 2000.

Her last case was in 2004 which was chapter 13, the current 2010 case is a chapter 7. I guess she is allowed 6 years between chapter 13 and a chapter 7 apparently.

Even if she won the case in 2004, I guess she is just past the deadline to file another bankruptcy case. I just hope the judge can recognize the pattern here.

P.S. What other legal forms can I post in? Can you recommend another one? I have posted in something that lawyers have responded and given advise which is basically to travel to her state and sue her but they said it will cost a small fortune and I probably won't recover my money from someone who is a career criminal.

 

[tranquility]

She basically sold items she did not have for almost $20,000 on ebay. Most people able to recover from paypal or their credit card. I sent the person a check and she tries to get me to send her more money to get my items back saying it was for an insurance deductible ( which I did not fall for)

It's things like this which is a reason why no one can really help you beyond going to the state the other party is in a sue her.

You don't make any sense. You post again and again, in what seems to be an attempt to answer questions, but nothing gets any clearer. I don't think there is any "fraud" here in a criminal sense the police in the state will care about. They are not going to spend the time and resources in an attempt to prove it up. You have to. Believe me, you don't need to do it in secret. The other party's tracks have already been covered up enough just through normal practices, knowing you are building a case to sue here will not change that.

The police are not going to get your money back. You have to. Believe me, you care way more about this than any cop will. Everyone wants to just make a phone call to the cops and they get back what they think they should get from another. That's not the way it works, Wikipedia or no.

 

[NetBook]

It's things like this which is a reason why no one can really help you beyond going to the state the other party is in a sue her.

You don't make any sense. You post again and again, in what seems to be an attempt to answer questions, but nothing gets any clearer. I don't think there is any "fraud" here in a criminal sense the police in the state will care about. They are not going to spend the time and resources in an attempt to prove it up. You have to. Believe me, you don't need to do it in secret. The other party's tracks have already been covered up enough just through normal practices, knowing you are building a case to sue here will not change that.

The police are not going to get your money back. You have to. Believe me, you care way more about this than any cop will. Everyone wants to just make a phone call to the cops and they get back what they think they should get from another. That's not the way it works, Wikipedia or no.

Hi.

I have actually been asking different question in each thread however I feel like I need to give some background information on the case in order to have people better assist me. The background information is the same but the information I am after different information in different threads. One is for criminal prosecution, one is for litigation again her, one is for how to power and limits of a bankruptcy court, one is about the plea bargain limits, etc..

I am sorry if I don't make sense, please let me know if I can help clarify anything. I have tried to simplify things in order to get make the issue too confusing but there is a lot of information I have left out which would amount to real fraud in a criminal sense if you knew the full story

Please let me know why you think it is not a fraud in the criminal sense?

I think you might feel this way because of the details I have left out of the story if you want. It would be closely related in fraud to the scams run in Nigeria which the police can't do anything about because of the distance and international aspect to it. However person is in the US.


Lets me try something different with a hypothetical situation.


Lets say I sold you a BMW car on ebay for $10,000 and you paid via an electric system( like paypal)

Lets say that I after your payment, I told you that I never received the payment and that I had called and found out the payment service is in the process of returning the money to you and asked you to make the payment again.

Then a few days latter, I said the same problem happened again and try to make the payment to my other account which may not have the same problem. Let say I did that 10 different times.

Then, I said " you know what, this system is just not working for us, just send me the check and I will give you the car the next day"

Then you find out.

1. The person had sold the same car to 15 other people on ebay and attempted to steal their money too!

2. Everyone of the several multiple payments you sent the person for the same item were not being refunded but rather it was sitting in her bank account which I cashed out all the money and ran.

3. The cashed the check you gave her as well.

Then after you have been scammed, the person said " oh, I lost your car but in order to get your car back, you have to pay me another $10,000 insurance deductible

When you are figured out, I declare bankruptcy and laugh in your face.

Please let me know if that makes more sense to you?

How would this possible not be considered criminal fraud?