• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need Extreme Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mcmul22179

Guest
I an in MS. It is impossible for me to summarize the fraud which has been perpetrated upon me which I "know" is criminal but can not get a resolution to. The jist being I got frauded for over 5000 via an ebay auction. The complete story is at http://www.bmcmullen.com/Synopsis and all Attachments.pdf and you will find I have actively pursued all avenues of resolution. Please advise any assistance you could to help resolve this matter and ideally have criminal charges brought against the perpatrator so he would have to liquadate assetts and repay me my monetary debt but hopefully compensatory damages as well.

Brian
 


There was no fraud. You had a duty to inspect the vehicle prior to purchase. Chalk it up as a hard learned lesson and don't buy cars on ebay.
 
M

mcmul22179

Guest
Great!

Awwww. Thanks John for your help. Its tough to inspect a car 1500 miles away and as you can read from the link provided, the pictures and such were no where near the article it supposedly represented. I refuse to chalk 5g up to experience. I have no title or car (irregardless of condition) hence he has my money that he took for the product he never delivered. It exceeded $5,000, crossed state lines, and tehre must be a way that I can criminally charge him. An instance of the like happened to a friend of mine and his perpatrator is now sitting in jail in LA awaiting trial. As for your wonderful advice, i would suggest that since you believe yourself the knower of all then quit wasting your time reading of other peoples travesties and just remain perfect as you obviouslly attempt to portray.
 
Last edited:

CdwJava

Senior Member
These kinds of cases are very difficult to make, and very difficult to prosecute.

One of the biggest issues seems to be over WHO has jurisdiction to prosecute? Is it the jurisdiction where the victim resides? or the jurisdiction where the fraud was perpetrated? Most commonly, the crime occured where the victim resides ... but, this is not always such an easy determination. And the feds will almost never get involved in something like this.

Then, you have to add in the difficulty of conducting an investigation involving an incident that originated 1,500 miles and several states away. It's often hard enough to investigate an offense in the next county within the same state ... but several states away? I can tell you that it can be a very difficult obstacle.

Ultimately, this may come down to your willingness to pursue a civil action and not a criminal action. If you obtained a product and it was not what you ordered, you DO have a cause of action. Depending on the acts and the photos, claims, etc., you MIGHT have a cause for a criminal charge of fraud - IF you can get your local county to prosecute ... and that is doubtful.

Yes, it IS frustrating. And yes, it does appear you were ripped off (I finally got the PDF to download). But this is a HUGE grey area of the law and unless intentional fraud can be proven (and proof as a legal requirement is much more than common sense or saying, "Look at the whole picture!"), then it will likely be written off by law enforcement as a civil matter.

To be honest, if this occurred in my jurisdiction, we would be at a loss ... I know that our local DA would never touch it, and even though all the circumstancial evidence and suspicious acts you have collected to this point point to something rotten, it might not spell out enough to compel an out of state agency to pursue it (at great expense).

Unless you can get some action through the AZ Attorney General's office for fraudulent business practices or something, you may be out of luck on the criminal side. But I think you might havea strong civil case. The problem being, does he have any assets you can seize? And do you have the funds to pursue a civil claim without a guarantee of collecting in the end?

Good luck. It's a mess ... and just one reason of many that I never use E-Bay.

- Carl
 
Listen Bozo, the reason you have no car or title is because you refused to take possession of the vehicle. As I said before, there's no fraud here. You had a duty to inspect the car prior to plunking down $5k but failed to do so.

Look up "Caveat Emptor."
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top