Selling a Cell Phone on eBay That May Have Been Stolen
My question involves criminal law for the state of: Pennsylvannia
I have a ebay account and bought a phone off craiglslist. I am always careful when I buy stuff especially off of craiglist. So I checked the IMEI to verify the ESN and it was clean. I sold the phone on ebay and the buyer recieved it and used for two weeks. However I got a email this morning saying the phone was reported lost or stolen and not working anymore. So basically what I think happened was the person who sold it to me kept the imei number and reported it lost or stolen a couple weeks later to try and get a free phone or the original owner reported it lost or stolen recently. I immediately called the person I bought it from and he said he did not know what I was talking about but I kept calling him and threatened to call the police saying there are cameras at the gas station and he finally called ATT and put me on the phone with them and said the phone is getting unblocked. ATT said the resolution should be in by tomorrow morning and should be unblocked. I called this morning and the resolution was denied saying he was trying to manipulate the system. I tried calling him and his phone was disconnected. When I receive the phone back what actions can I take against him? Can I get in trouble for selling a stolen phone even though the phone was not reported stolen when I sold it? Should I file a police report or turn the phone into a AT&T store when I get back? I paid 450 cash for that phone a gas station where they have cameras. I also got money out of the ATM to buy it so I can trace back the exact time. I just don't don't want to be charged with being in possession of stolen property or selling stolen property. I got taken for a ride and am out 450 cash.
Re: Lost or Stolen Phone.fraud
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ufasuperstorm
When I receive the phone back what actions can I take against him?
You can sue him in small claims court for your money back.
If he filed a false police report about a stolen phone you can report the false report. Then it's up to the authorities whether they want to prosecute him or not. Nothing you can do about that one way or the other except be willing to testify in court.
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ufasuperstorm
Can I get in trouble for selling a stolen phone even though the phone was not reported stolen when I sold it?
There is always that possibility although it appears remote.
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ufasuperstorm
Should I file a police report or turn the phone into a AT&T store when I get back?
That's up to you. I don't think anybody can advise you on that.
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ufasuperstorm
I paid 450 cash for that phone a gas station where they have cameras.
Well, you aren't going to get that video until you file a lawsuit and subpoena the video. No way to predict whether it will even exist by then.
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ufasuperstorm
I also got money out of the ATM to buy it so I can trace back the exact time.
So? All that will prove is that you took money out of your account and what time you did it. Doesn't prove anything else.
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ufasuperstorm
I just don't don't want to be charged with being in possession of stolen property or selling stolen property.
You wouldn't have any choice in the matter and there's likely nothing you can do to prevent it happening if it's going to happen.
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ufasuperstorm
I got taken for a ride and am out 450 cash.
Always a risk when buying and selling on Craigslist and/or Ebay.
As I wrote earlier you can sue the guy in small claims court for your money back.
Re: Inavertent Sale of a Stolen Cell Phone on eBay
Thanks for the quick reply so what would be the best way to dispose of the phone when I get it back? Should I turn it into police,AT&T, should I call AT&T and contact the original owner? or throw it away?
Re: Inavertent Sale of a Stolen Cell Phone on eBay
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Quoting
ufasuperstorm
I have a ebay account and bought a phone off craiglslist. I am always careful when I buy stuff especially off of craiglist. So I checked the IMEI to verify the ESN and it was clean.
If you buy cell phones off of Craigslist, you know that you're risking making purchases from thieves and junkies, and that a phone that was not reported stolen at the time of sale may well be reported stolen moments, days, or even weeks after the sale. For $450 with the intent of making a profit on resale... what was this? A brand new, in-the-box iPhone 5?
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Quoting ufasuperstorm
So basically what I think happened was the person who sold it to me kept the imei number and reported it lost or stolen a couple weeks later to try and get a free phone or the original owner reported it lost or stolen recently.
The person you bought a $450 Craigslist cell phone from wasn't the original owner?
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Quoting ufasuperstorm
ATT said the resolution should be in by tomorrow morning and should be unblocked. I called this morning and the resolution was denied saying he was trying to manipulate the system. I tried calling him and his phone was disconnected.
So... odds are somebody made an insurance claim on the phone through AT&T claiming that the phone was lost or stolen, and when AT&T found out that the claim was fraudulent they chose not to reactivate the phone you bought and may also have shut off the seller's account.
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Quoting ufasuperstorm
When I receive the phone back what actions can I take against him?
Small claims court. If you can find him and serve him. But even with a judgment, the odds of recovering money from this type of person tend to be poor.
You can make a police report, but I'm not sure how much the police can do for you. Still, the police report may help if eBay questions whether you were aware of the issues with the phone (whatever the root cause of those issues turns out to be).
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Quoting ufasuperstorm
Can I get in trouble for selling a stolen phone even though the phone was not reported stolen when I sold it?
Is that what you're telling us the problem is? That "he was trying to manipulate the system" means "he stole the phone from the actual owner"? Yes, when you sell stolen merchandise you risk being investigated and potentially prosecuted for your act of selling stolen merchandise, and the more often it happens the less likely the police are to believe that it was inadvertent.
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Quoting ufasuperstorm
Should I file a police report or turn the phone into a AT&T store when I get back?
I've already addressed the first part. What did AT&T say when you asked them if they were claiming the phone and wanted it returned?
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Quoting ufasuperstorm
I just don't don't want to be charged with being in possession of stolen property or selling stolen property. I got taken for a ride and am out 450 cash.
Paying somebody $450 cash (and the amount of cash is unlikely to be something you can determine from the security footage, even if the rest of the transaction is visible) at a gas station for an iPhone 5, or equivalent, is the sort of action the police would tend to associate with "Shady person who knows he's buying stolen goods, or doesn't care." I'm surprised this is the first time you've been burned.
Its not clear from what you've told us so far that the phone was in fact stolen, but if we are to infer that it has now been reported stolen then you would want to turn it into the authorities who are investigating the theft.
Re: Inavertent Sale of a Stolen Cell Phone on eBay
I just got off the phone with AT&T and they said the guy is under investigation for fraud. The rep also hinted that he was selling phones then reported them lost or stolen to get a free phone. AT&T also said not to give them or the police the phone and just try to contact the original seller to get your money back. So the phone was not really stolen just reported stolen to try to get a new phone. So I am stuck with a phone(assuming the buyer sends it back) I cannot use, and a expensive lesson. If there are any more updates I will let you guys know. I do have texts from him and his girlfriend negotiating the price of the phone and then telling me to meet them before I bought it should something come up in the future. Both of there numbers have been disconnected and I was going to try to find there full name by looking around social media sites to file a civil suit but think it might be a bad idea since they will probably never pay anyway.
Thanks
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I was searching all afternoon but randomly found a cell phone group they belonged to on facebook. I now have there real full names(they gave me fake names by the way) as well as where the work and ect.... Since they live in the next county over do I have to file the suit there or in my county. The transaction happened in my county. So would I also need to find there address to file suit? Also I have text messages and what other evidence would it be good for me to get going forward?
Re: Inavertent Sale of a Stolen Cell Phone on eBay
I would tell the guy look,I know your pulling a scam,either give me 450 dollar back or in 5 mins I'm gonna head to the police station with all your information .