Legal Question in Civil Litigation in Maryland

Online Fraud

I recently responded to a classified ad via the internet. The ad was for an Apple iBook. I responded back and asked if the seller would be intrested for a trade for my Apple iMac and accessories (printer, scanner, joystick, games, ect.) The seller responded back and said that they would be intrested in that, and after several e-mails back and forth, we decided to both ship our merchandise to the other on a designated day. I shipped mine and provided him with the tracking numbers, and he gave me one...which was bogus. The package has since been delivered to him, and I have not received anything from him. He will not respond to any of my e-mails or telephone calls, and since he's across the country I really have no other way of reaching him. I have since discovered that he is readvertising the same iBook on the same classifieds site. My question is, what should I do, and what can be done? Is this in violation of any Criminal Law? Thank you very much for your prompt response.


Asked on 5/09/00, 5:44 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Online Fraud

Unfortunately, you have encountered a problem which is becoming more and more frequent as people increasingly use the internet for business transactions of this sort. If you had gone through an established exchange like e-bay, they have fraud departments to assist you in these situations. However, it sounds like your transaction was strictly private.

You of course can sue the individual, but that is probably impractical given his distance from you and the difficulty of collecting even if you successfully sued him. His state should have a theft/fraud statute and you might be able to initiate a criminal prosecution, but again you are at a geographic disadvantage. I suggest you contact the prosecutor in his city or county and find out if you swear out a criminal complaint over the telephone or by mail. Good luck!

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Answered on 6/28/00, 4:33 pm


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