Thread: Fraud Case

I had a fraud case where I seem to have exhausted all legal remedies. The story is as follows:

I saw an ad in the back classifieds in Coin World. It was an 1875-S $20 Liberty in an old PCGS holder--MS62. The guy sent me a contract with a picture of his driver's license, he's from PA, with an agreement to exchange said coin for $3500, with a free return privalege.
I sent him the bank check, he sent me the coin, I returned it and he kept the money. I tried every legal means, talking to him, calling Coin World, finally a few weeks into the scam telling him to return the coin to me. Contacting his police, the Consumer's Affairs departments/AG of our respective states; finally I hired an attorney to pursue the case, we got a judgment in excess of the transaction. I sent the CT AG a copy of the judgment. He's on SSI, so it's going to be hard to enforce the judgment. I stopped by the guys apartment, knocked on his door without success, spoke to a dame and some guys who lived in the building, they said he's a strange dude!
I spoke to a Collection Agency, they get 50%. Anyone have some thoughts on how to move forward on this case?

Originally Posted by Owle

I had a fraud case where I seem to have exhausted all legal remedies. The story is as follows:

I saw an ad in the back classifieds in Coin World. It was an 1875-S $20 Liberty in an old PCGS holder--MS62. The guy sent me a contract with a picture of his driver's license, he's from PA, with an agreement to exchange said coin for $3500, with a free return privalege.
I sent him the bank check, he sent me the coin, I returned it and he kept the money. I tried every legal means, talking to him, calling Coin World, finally a few weeks into the scam telling him to return the coin to me. Contacting his police, the Consumer's Affairs departments/AG of our respective states; finally I hired an attorney to pursue the case, we got a judgment in excess of the transaction. I sent the CT AG a copy of the judgment. He's on SSI, so it's going to be hard to enforce the judgment. I stopped by the guys apartment, knocked on his door without success, spoke to a dame and some guys who lived in the building, they said he's a strange dude!
I spoke to a Collection Agency, they get 50%. Anyone have some thoughts on how to move forward on this case?

Sorry for your trouble. Do you know if the guy still has the coin. You might consider going after it instead of the money. Either way, I'd suggest contacting the postal inspector and getting him involved.

They have an open case on the issue, with all the relevant information of a legal nature. I suppose they could stop his mail; but what else could they do of a practical nature?

I don't know what he did with the coin. When it became apparent the guy was taking the position that he couldn't return my money because he had already spent it on bills, etc., I gave him the names of a couple of dealers who would give him $2600-$2900 for the coin. Soon thereafter, Coin World contacted him and told him to return the coin to me. He just clammed up.

failure to do so could result in a Felony Theft Conviction, as well as Postal Fraud Conviction.

In this days economic situation, free room, board, medical care better than most, might be an incentive rather than a deterrent. Read where a 70+ dude carrying an oxygen tank robbed a bank of $5000, and went straight to the medical center to pay off his bill.

Jim

Originally Posted by coinman0456

I'm afraid you have a tremendous uphill battle with this situation. The only suggestion I have, is to continue to have your attorney send some certified registered letters to them demanding they release the coin back into your possession or failure to do so could result in a Felony Theft Conviction, as well as Postal Fraud Conviction.

Tom.

Careful

Combining a collection attempt with threats of criminal prosecution if the debt is not paid can get you in a bunch of trouble. You could be the one with an enforceable judgment against you.

Law enforcement will not enforce your judgment for you. They can use the power of the criminal statutes, mail fraud, theft etc., as tools in recovering your monies. Not because you got a judgment, but because the law was broken.

Stay after them till they either do what they are required to do or they explain why they do not believe a crime has occured.

I can't share with you how I would handle this.

My best advice is to let the system work through its process, and don't let it come to a grinding halt. Call occasionally (don't harass) to check on progress, and let it happen.

If you don't get your money back, consider it tuition both in the College of Numismatics, as well as the College of Life.

Blanket party?

An attorney? For a $3,500 transaction?

Forgive me, but I do have some experience with attorneys. Any possible profit would be eaten up within the first hour or two.

The lawyer said there is nothing more that can be done. I paid the lawyer $600 to pursue the case against the deadbeat. We have a judgment. The guy is on SSI so apparently his checking account is off limits and he has no known assets. A collection agency will hound him at least.

He is not an ANA member. The only people who have real jurisdiction over him are his social worker, who I don't know and the DA. The local police could pursue it as a theft by deception case, but have not chosen to do so.