Hi Count, List,
Not sure... I thought about the entrapment argument, however if that
were the case, than the prostitution stings, and the car theft stings
would be challenged. Some are challenged, but most stick don't they?
On the other hand buying something that is "already" listed for sale
wouldn't be considered entrapment, even if you suspected it was a fake,
would it? The certainty of authenticity is not there. Though the
argument could also be made that the buyer would have a "reasonable
doubt" that it may NOT a real meteorite BEFORE they buy it, meaning they
hoped to catch them in the act of defrauding them. Hmmm... I'd say it's
a gray area, and most likely will come down to whether or not the item
is what it's claimed to be. The black and white of it is that the seller
listed the item, claimed it to be one thing, and if it turns out
otherwise it "could" be considered fraud. UNLESS the seller claims he
didn't know it wasn't a real meteorite and that they actually "believed"
it to be a meteorite, therefore in their mind the intent to defraud was
never there and could be claimed a mistake. But you could argue that
it's the same as selling a car when in fact it's a boat and not a car at
all...
See how convoluted it could become?
Regards,
Eric
On 5/15/2010 2:42 PM, [email protected] wrote:
Hi Eric, Mike and the List,
I believe knowingly encouraging the commission of a crime for the purpose of punishing
the perpetrator would be defended as entrapment. Very popular defense these days with all
the "stings" going on.
Count Deiro
IMCA 3536
-----Original Message-----
From: Meteorites USA<[email protected]>
Sent: May 15, 2010 10:57 AM
To: [email protected]
Subject: Re: [meteorite-list] This is fun to read...
Hi Mike, List,
Interesting premise to actually buy a potentially fake item from the
suspected fraudster. I wonder, would it matter that you as the buyer
already suspected that the item was a fake, and would that matter in a
legal way?
Regards,
Eric
On 5/15/2010 6:46 AM, Galactic Stone& Ironworks wrote:
Hi List,
Perhaps someone nailed him for fraud. Offering a fake item for sale
is one thing. Using the US Mail system to carry out fraud is another.
The moment the payment is accepted, the seller's fate is sealed.
The way to nail scammers (in the US) is :
1) purchase the cheapest meteorite they have.
2) (ask a ton of questions centering on authenticity and save all
emails in the discussion) - Make sure you ask the right questions
during the purchase process - some of the answers given will be lies
and this will help establish intent later in the law enforcement
investigation.
3) pay for the item with a USPS Postal Money Order
4) have it analyzed and confirmed as bogus, then print a lab report
that a layman can read.
5) contact the postal service and law enforcement - by cashing the
postal money order as part of a fraud, the seller is committing a
second felony on top of the original mail fraud charge.
I wouldn't even bother with contacting eBay - that is like talking to
a head of cabbage. Let law enforcement get in touch with eBay during
the course of the fraud investigation done by the cops.
Best regards and happy huntings,
MikeG
On 5/15/10, Norbert Classen<[email protected]> wrote:
Dear Randy, and All,
Has anyone else noticed that this site has been taken down in the meantime?
There are also no more "uncometeorites" auctions running on eBay, at least
not at this time... Interesting.
All the best,
Norbert Classen
-----Ursprüngliche Nachricht-----
Betreff: [meteorite-list] This is fun to read...
http://uncometeorites.shutterfly.com/
...and, yes, I sent you there.
Randy Korotev
Saint Louis, MO
[email protected]
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