Legal Question in Criminal Law in California

possible attempted internet extortion

If a person resident in australia

purchases goods at an accepted

price and pays in full the requested

postage and packing asked by usa

california resident and then receives

by email ( hard copies available)

ultimatum that if further large

amounts of p&p are not paid , then

the vendor refuses to despatch

goods , has an offence been

comitted under u.s. law


Asked on 6/26/09, 7:38 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: possible attempted internet extortion

Absent facts to the contrary, I am inclined to give the California seller the benefit of the doubt. Shipping charges, especially for international expedited shipping, are exorbitant these day. If the increase in requested P&P charge reasonably reflects the seller's actual cost to ship the goods to you, then no wrong has been committed. However, that is not to say that the seller can keep your money without sending the merchandise if you refuse to pay the increased P&P charge.

The seller must either send the goods to you or return your money, depending on whether you agree and pay the increased P&P charge. If the seller does neither of these things, you should sue for return of your money. A California attorney can handle that for you.

Good luck to you,

Sarah

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Answered on 6/27/09, 10:10 am
David M. Wallin Law Offices OF David M. Wallin

Re: possible attempted internet extortion

It may considered bait and switch here in the U.S. but I think you may need to contact the provider or middleman , if there was one...like paypal. It may really be a civil matter and , depending on the amount of money involved, you may need the assistance of a civil attorney. You may contact my office to talk further or visit my website at www.wallinlaw.com Thank you....David Wallin

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Answered on 6/26/09, 11:06 am
Brian Dinday Law Offices of Brian R. Dinday

Re: possible attempted internet extortion

Missing from your question is whether this seller is willing to refund all you have paid if you do not agree to the increased P&P. If so, he has committed no crime and in my opinion not even a civil wrong. But I'm guessing he won't refund what you paid. In which case, it sounds like fraud to me. You should resort to the web site's (or paypal's) intervention.

Failing that, look up the police dept and the District Attorney for the County where this Californian resides, and send them full documentation of what occurred. Direct your correspondence to "fraud investigations" in either office. Good luck.

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Answered on 6/26/09, 1:47 pm


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