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Possession & Sale of stolen property

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hhtsn

Junior Member
What is the name of your state (only U.S. law)? Louisiana

Hello, I purchased some gift cards from a website that the seller claimed were legal, legitimate, and at wholesale prices.

I then turned around and sold them on eBay for a profit. Now I've been notified that they are fraud. I refunded everyone I sold to and have been trying to get the seller. He went MIA (of course). Should I be worried of legal action against me? What should I do now? I did not know they were fraud, the seller told me they were legitimate. I have googled around and found that I'd be charged with possession of stolen goods. Please advice. Thanks!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Louisiana

Hello, I purchased some gift cards from a website that the seller claimed were legal, legitimate, and at wholesale prices.

I then turned around and sold them on eBay for a profit. Now I've been notified that they are fraud. I refunded everyone I sold to and have been trying to get the seller. He went MIA (of course). Should I be worried of legal action against me? What should I do now? I did not know they were fraud, the seller told me they were legitimate. I have googled around and found that I'd be charged with possession of stolen goods. Please advice. Thanks!
How were you informed that the cards you purchased, and then sold, were stolen?

It is good that you refunded money to all of those who purchased cards from you but what do you know about the original seller of the cards? Can you provide any information at all about him to eBay and the police?
 

hhtsn

Junior Member
One of the buyers informed me.
The company emailed him asking where he got them from, and to give info of who the seller was, etc.

I wouldn't be able to provide much info, unfortunately. Just what website I purchased from and the seller's username.

Highway, thanks for the input... If someone posts for advice, and you have no helpful advice... maybe it's not worth it to reply then. He said it was wholesale and liquidation prices.

I didn't do it to screw anyone over. That's why I was so quick and fine to refund everyone.

Should I be expecting legal action taken against me? I'm sure the buyer told them who it was selling.

Thank you for your help
 

quincy

Senior Member
One of the buyers informed me.
The company emailed him asking where he got them from, and to give info of who the seller was, etc.

I wouldn't be able to provide much info, unfortunately. Just what website I purchased from and the seller's username. ...

... Should I be expecting legal action taken against me? I'm sure the buyer told them who it was selling. ...
It is possible that legal action can be taken against you. You not only sold stolen goods, you apparently have already been identified as the one who sold the stolen goods.

The police might believe that you were the original thief or they might believe that you were the victim of the thief. I can't tell you which is more likely.

The fact that you refunded all money you made from the sales works in your favor and, if you can locate the person you purchased the cards from, that would undoubtedly help you, as well, should the police contact you. And they might not.
 

quincy

Senior Member
Thanks, Quincy!
You're welcome, hhtsn. Thanks for the thanks.

You would probably be smart to speak with an attorney local to you, by the way, if the police or the company actually contact you directly about the cards.
 

latigo

Senior Member
The intention to "screw anyone over" is not an element of the crime of receiving stolen goods? But receiving the goods with criminal intent is an element. And here you purchased those cards knowing that they were being offered below face value. And so substantially below face value that you were able in turn to sell them at a profit.

As in all crimes classified as "malum per se" the prosecution is required to prove criminal intent or "scienter", meaning knowledge or awareness of culpability on the part of the accused.

However, because they have yet to come up with a means of peering into the mind they look to indicia and appearances of that awareness. And your actions speak louder of that awareness than your professed innocence.

Also interesting to me is the promptness in which you refunded on the mere strength of an e-mail.
 

davew128

Senior Member
I'd also point out that its VERY easy to determine if a gift card is valid and has a balance on it. Not doing this if you were intending on legitimate resale is foolish at best.
 

xylene

Senior Member
Gift cards are sold all the time well below their face value, and especially so when the buyer is willing to buy them in bulk.

Acting promptly upon discovery of the true fraudulent status is not evidence of intent either.

Even if the cards were purchased originally by fraud, they would show as valid and with a balance until the fraud was discovered by the issuer after the person or institution who was defrauded discovered the fraud. That could be many weeks.
 
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quincy

Senior Member
... And your actions speak louder of that awareness than your professed innocence.

Also interesting to me is the promptness in which you refunded on the mere strength of an e-mail.
The email came from someone who purchased one of the cards from hhtsn, which gives the email some strength.

The fact that hhtsn refunded money to ALL of those he sold to as soon as he learned the ONE card was stolen can be an indication that there was no intent to defraud his purchasers.

There are naïve people in the world - and some of these naïve people will purchase goods at a questionable discount believing they got an honest deal.

If hhtsn is contacted directly by the store or the police, that is when he will want to speak to an attorney.
 
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