Ralph,
It's not quite that straight forward. I've been informed that in order
for the Post Office to act on a "mail fraud" complaint that something
has to be actually sent through the mails to be in their jurisdiction.
In the case of poster that were never sent, there is no "mail fraud". In
the cases where the seller used UPS or Fedex, there is no "mail fraud"
since the Post Office was not involved. If the posters were paid for
with a check or money order that was sent to the seller through the mail
you *might* have a case. But if it was paid for with a credit card or
online payment service and the package was not sent using the Post
Office Delivery Service, then the Post Office has no authority in the
case. Even if the case did involved the Post Office, you would have to
have the original package with the mailing label and canceled U.S.
postage on it -- something to prove it came to you through the Post Office.
Even in a case where "fake" posters were sent to the buyer via the U.S.
Mail, the burden would be on the buyer to prove to the post office that
they are fake posters when the buyer was promised original *theatrical
release* posters when they paid for them. A person can sell a
reproduction and call it an "original movie poster" even it is just a
reproduction of the original poster, so long as they don't claim it was
actually published in 1939 or whatever. This is a distinction we in the
collector world understand, but the Post Office (and Ebay) don't
recognize -- just look at all the Original Movie Posters being
advertised on Ebay and when you read the description you discover they
are 11" x 17" prints of "original movie posters".
Finally, I have seen numerous reports where Postal Officials told people
trying to file a mail fraud complaint that if the amount lost was not at
least $10,000 that there would be no real action taken on the complaint.
You can still file it, but the Post Office simply doesn't have the money
or manpower to investigate "mail fraud" cases where the loss is less.
Now, stealing the mail is another matter. I once had a package
inadvertently delivered to the wrong address and the person kept the
package. It was insured and I so I filed a claim with the Post Office.
They actively investigated and pursued that case vigorously and
eventually got my item back for me (badly damaged), even though it was
only insured for $200.
But the post office really isn't in the business of determining if
people got sold fake posters or in getting restitution for them. But I
don't suppose it would do any harm to file the complaints since the
filing is free. I just doubt that anything would come of it.
-- JR
Ralph // RalphDeLuca.com wrote:
I have been getting many calls and emails from fellow collectors who
were taken with fake posters and lobby cards looking for advice. Most
people do not know how to go about filing a complaint or who to do it
with. Most people who contacted me do not have a high enough dollar
value that it is worth the expense of hiring a lawyer and filing a
suit. I encourage EVERYONE who was taken in this scam to file a mail
fraud report, it is free!!!! If enough people do this the forgers
will be brought to justice! Any questions please feel free to call or
write me.
Ralph DeLuca
Link:
https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx
--
Ralph DeLuca
http://ralphdeluca.com
800-392-4050
973-377-1007 outside the USA
[email protected] <mailto:[email protected]> Email
Visit the MoPo Mailing List Web Site at www.filmfan.com
___________________________________________________________________
How to UNSUBSCRIBE from the MoPo Mailing List
Send a message addressed to: [email protected]
In the BODY of your message type: SIGNOFF MOPO-L
The author of this message is solely responsible for its content.
Visit the MoPo Mailing List Web Site at www.filmfan.com
___________________________________________________________________
How to UNSUBSCRIBE from the MoPo Mailing List
Send a message addressed to: [email protected]
In the BODY of your message type: SIGNOFF MOPO-L
The author of this message is solely responsible for its content.
