Legal Question in Technology Law in Washington
Is Cybercrime less of a crime?
About one and one half years ago I was the winning
bidder for two Commemorative Winchester rifles on a
very popular auction site on the Internet. I had all
the proper paperwork filled out, sent full payment for
the rifles and waited for their shipment.
When they didn't arrive in two months, I started in-
quiries and got what seemed like phony excuses.
I then asked for my money back but got no response.
This person lives in Vancouver, B.C. and perhaps felt
like he is beyond legal boundaries.
Why is a crime committed with a computer held to a
different standard than other crimes? Why is it put
on a standard somewhere between cute and daring? Why
are we so tolerant for this type of crime because it
usually happens to someone else.
My important question is however, what can I legally
do to recover the money that I sent this individual
in good faith and under the contract with the auction
house that he agreed to? I hope that you have good
answers because everyone from the FBI, the Postal Ser-
vice to Good Housekeeping have let me down.
2 Answers from Attorneys
Re: Is Cybercrime less of a crime?
Why is a crime committed with a computer held to a different standard than other crimes?
* It is not. Nor is this even what I would call a cybercrime. It doesn't sound like you paid over the internet; the web was merely used to advertise and from there on out it was like any mail-order transaction.
Why is it put on a standard somewhere between cute and daring?
* I disagree.
Why are we so tolerant for this type of crime because it usually happens to someone else.
* I disagree.
My important question is however, what can I legally do to recover the money that I sent this individual in good faith and under the contract with the auction house that he agreed to?
* Bring criminal charges and/or bring a civil suit. I'd start with criminal. Marshall your evidence and report this to that person's local police department. Police are often busy and don't care about white collar / financial crimes which don't involve threat of physical harm to one's person, though, at least not here. However, before you do any of the above, talk to a Canadian lawyer about all of your options.
I hope that you have good answers because everyone from the FBI, the Postal Ser- vice to
Good Housekeeping have let me down.
* I have no idea why G.H. would be of any help. I assume that they've violated Federal law by using the postal service to defraud you but, as with your local police, they may not have jurisdiction in Canada so you should use Canadian law / police / lawyer.
* Good luck. Chin up. Keep your powder dry. (Figuratively speaking.)
Re: Is Cybercrime on a popular auction site!!
I just realized what you wrote ... the auctioneer will have a security department to which you can report the crime; they will probably suspect this auctioneer's privileges and may do even more to help you. They, too, have a reputation to uphold.
I know for sure that eBay has such and I know at least one other major auction company does also.