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  #18  
Old 07/15/2006, 10:22 AM
Monkey_Bone Monkey_Bone is offline
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Join Date: Apr 2006
Location: In the Urban Jungle
Posts: 141
Honestly, I dont think you can prosecute him with mail fruad.
He obviously never sent anything in the mail so he didnt defruad the Mail service.
This may be bank fruad though from what I have read.
He stopped payment through his bank which, its not a crime in its self.
Theft is a crime and he did use Paypal to to rob you.
I am guessing that any prosecution as fruad would have to be done via paypal and not you.
Technicaly they are the ones that he defruaded.
He just out right stole from you.

What you should have done from the start was file a claim with paypal for goods not recieved. There would have been a short investigation, and he would have been forced to refund your money or paypal would have taken it from his bank account with the banks cooporation, or directly out of his paypal account.

If you had chosen the buyer satisfaction option when you paid for the item you wouldnt be going through this right now either.
It would have made it much easier for paypal to prosecute him as well. Since you would not have been involved with it after they refunded your money through the buyer protection.

ALWAYS PURCHASE BUYERS PROTECTION PEOLPLE.
It realy does work, and all you have to do is file the claim.
It is up the the seller to proove he/she sent it. They must provide a Tracking number of the shipment, if thet have no tacking number than its case closed.

If you do manage to prosecute him for theft it would go to small claims court since its less than $1000.00 and he would be ordered to pay restitution of which I am sure he would defualt on. Then he would probably only get probation, and ordered to repay the amount all over again, and keep defaulting on until he gets sent to do the time they have on the shelf for him from the previous aprearences.


I wish you luck with this but its going to be very long and drawn out from here on out for you I bet.

MB
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