Help!! Re: EBAY purchase possible insurance fraud/scam

**WarChild** · #1 (**permalink**) 10-25-2009, 10:14 PM

Quote:

Originally Posted by dimitri

Sorry to tell you but no you don't have to have knowledge that it was stolen for you to be charged with Recieving stolen property. I have seen it first hand.

well here is FL it is illegal to be in possession of stolen property, only law enforcement officers and pawn brokers are legally able to handle stolen property but alot of it has to do with knowledge. but that's just my lawyer knowledge...lol

dimitri · #2 (**permalink**) 10-25-2009, 10:31 PM

Quote:

Originally Posted by ClevelandWheeler

well here is FL it is illegal to be in possession of stolen property, only law enforcement officers and pawn brokers are legally able to handle stolen property but alot of it has to do with knowledge. but that's just my lawyer knowledge...lol

No matter what the law states from state to state, if it were me in the OP's situation; I would still contact Sprint to cover myself.

**WarChild** · #3 (**permalink**) 10-25-2009, 10:35 PM

Quote:

Originally Posted by dimitri

No matter what the law states from state to state, if it were me in the OP's situation; I would still contact Sprint to cover myself.

very correct

rafyrod · #4 (**permalink**) 10-25-2009, 10:37 PM

Quote:

Originally Posted by ClevelandWheeler

well here is FL it is illegal to be in possession of stolen property, only law enforcement officers and pawn brokers are legally able to handle stolen property but alot of it has to do with knowledge. but that's just my lawyer knowledge...lol

1+ agreed

it happen to my two bosses 3 years ago, they own a convenience store and they usually buy stuff from ppl that come to the store offering their service and this one time they got burn by buying some stolen stuff, long story short, police came didnt ask no question took them to jail and a bail of $30,000 for buying candies and sodas, but when is stolen is stolen no matter what... and by the way this was in florida too

thank you...

dimitri · #5 (**permalink**) 10-25-2009, 10:42 PM

Quote:

Originally Posted by rafyrod

1+ agreed

it happen to my two bosses 3 years ago, they own a convenience store and they usually buy stuff from ppl that come to the store offering their service and this one time they got burn by buying some stolen stuff, long story short, police came didnt ask no question took them to jail and a bail of $30,000 for buying candies and sodas, but when is stolen is stolen no matter what... and by the way this was in florida too

thank you...

My point exactly. But let's get off the discussion of laws. This thread is to give the OP advice on his situation.

rafyrod · #6 (**permalink**) 10-25-2009, 10:46 PM

Quote:

Originally Posted by dimitri

My point exactly. But let's get off the discussion of laws. This thread is to give the OP advice on his situation.

tru that my fellow geeker...

shall we stop the hating and start the loving......

**WarChild** · #7 (**permalink**) 10-25-2009, 10:50 PM

Quote:

Originally Posted by rafyrod

tru that my fellow geeker...

shall we stop the hating and start the loving......

didnt think there was hating but if thats whats going on then yes we will. so did the OP call sprint yet??

rafyrod · #8 (**permalink**) 10-25-2009, 10:53 PM

Quote:

Originally Posted by ClevelandWheeler

didnt think there was hating but if thats whats going on then yes we will. so did the OP call sprint yet??

jejeje!

dimitri · #9 (**permalink**) 10-25-2009, 10:53 PM

Quote:

Originally Posted by ClevelandWheeler

didnt think there was hating but if thats whats going on then yes we will. so did the OP call sprint yet??

No hating happening in this thread. Unlike others I have been in in the last few days. But I think we all like to know if the OP has called Sprint or is just going to let this ride and see what he gets.

BeanAnimal · #10 (**permalink**) 10-26-2009, 12:07 AM

Quote:

Originally Posted by rafyrod

1+ agreed

it happen to my two bosses 3 years ago, they own a convenience store and they usually buy stuff from ppl that come to the store offering their service and this one time they got burn by buying some stolen stuff, long story short, police came didnt ask no question took them to jail and a bail of $30,000 for buying candies and sodas, but when is stolen is stolen no matter what... and by the way this was in florida too

thank you...

With all due respect, you don't fully understand what you are talking about and are trying to apply logic that simply does not fit the situation.

FLORIDA LAW:

Quote:

Florida Law
Based upon to Florida Penal Code Section 496, conviction can apply to “Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or received…” or if a person “conceals, sells, withholds, or assists to conceal, sell, or withhold any property from the owner.”
Based on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in Florida (also known as a “wobbler.”)

Your perception of what happened and reality are likely two different things. Your bosses got busted because they were knowingly purchasing stolen goods. Business owners know the proper and legal distribution channels for products they stock. Buying goods from an unlicensed vendor, out of the back of a truck goes a long way to proving that they were knowingly breaking the law. They were idiots and got busted because they were idiots. They reasonably knew the property was stolen, if not outright knew it was stolen.

To apply that same logic to a LEGAL and DOCUMENTED transaction from eBay is asinine.

Lets also get something else straight:
Though the receiving stolen property laws may vary slightly from state to state, they are all in the same spirit. To be guilty of the crime you have to knowingly take possession of stolen property, or acquire the property through a transaction that you know is illegal.