Powerbook fraud, scammed by SF seller

[bacchuswng]

Hi, I was wondering if any of you had any advice on my situation.

Basically, I posted on boston.craigslist.org about two weeks ago stating that I was looking for an Apple G4 Powerbook. An individual contacted me from San Francisco, CA, and after much discussion, we agreed to a price of around $1000 via FedEx COD. I received the package recently and paid for it using USPS money orders. However, after I received the package, it was instead a PC laptop in poor condition. I don't even know if it works or not (I didn't turn it on), but even if it does, its probably worth at most $100-200.

I am exploring many routes in an attempt to get my money back, including USPS, FedEx, FBI, and the police. I have logged most, if not all, the communications that we've had, and I do have the address where the COD is going. I also had his cell phone number, although now he seems to be blocking all incoming calls to that number.

Currently, FedEx is doing me a favor and holding the money order. However, it is unlikely they will be able to hold it much longer.

Any suggestions/help/legal advice you guys can provide would be great.

Thanks in advance.

 

[NYClex]

Well, you are looking at a civil dispute here, not a criminal offense in the first place (it might be that, too, but what I want to say is: do not look to the police or FBI to get your money back).

I cannot really comment on this case because I don't know all the details, but generally what happens is this:. If the computer is different than the one you bargained for, you can "reject" the goods. You would have to notify the seller within a reasonable time that you reject this and you should not do anything that is inconsistant with this (like using the computer). You return the computer and get back your money. Depending on the state law you might have to give the seller a chance, to send the right computer.

That is the theory.

In practice, sadly, this might be much more difficult as it sounds. You might have to sue the seller. And under the usual rules of procedure that might well mean, that you have to sue him in the place where he lives, which is at the other end of the nation.

So try hard to get back your money from FedEx. If he then wants it, he would have to come to you to sue. At the same time, send a letter, certified with return receipt to the address you sent the money to, stating the rejection of the goods delivered with the reasons.

 

[bacchuswng]

Thanks for your reply. My question is, what makes this not a criminal offense? Are there no laws regarding scams/frauds in transactions between individuals?

(I actually have no idea, I have never studied law).

The other thing that is suspicious is that his real name is apparently not the one he gave me, and the reference he said to use I believe is also him.

 

[NYClex]

I didn't say it was not a criminal offense, actually it sounds very much like it was, but what I said is, the criminal law doesn't necessarily help you to get your money back.

The criminal law basically is about this: Someone has done something to an individual, but also has done something to society as a whole. So the society as a whole sets out to punish this person. Society uses the police and the public prosecutor and the criminal court to achieve this goal. The person is arrested, prosecuted and convicted, let us say to a year in jail. Society is happy. Case closed.

You, the victim still don't have your money back. To get your money back you have to use the civil law and the civil courts. The instruments of the criminal law I mentioned above (police, prosecutor...) are not of a help here, it is not their business to get your money back. They only work for society as a whole in this case, "the people of the state of...", but not for you as the individual.

That's why my answer focused on the civil law. In civil law you are on your own. You can hire a private investigator, a private attorney, or go for it alone, and use the civil courts.