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Accused Of Selling Shoplifted Merchandise on eBay

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  • 03-30-2007, 06:32 PM
    mamacat
    Accused Of Selling Shoplifted Merchandise on eBay
    I had a few items up for auction on Ebay recently. One of my winning bidders contacted me and informed me that she owned a store where they carried three of the items I was auctioning. These items also happened to be missing from the store. Two of the items can also be purchased at various other stores, and one of the items is an in-house brand. She has documentation that I shopped at the store in early March. She stated that she has contacted Ebay and the police, as well as mall security, and that I will no longer be allowed in any of their stores. Does she have any grounds for anything legal? I mean, just because I was in the store, and the items are missing from her store does not mean anything can be proven or charged, right? Is it likely that Ebay will take any action in the case? It seems to me like she doesn't have much to stand on, but I am not sure how things like this work.
    Can someone be charged, or any action taken just because they have some items that are also missing, when those items are available at other retail outlets? Are the police likely to take any action over a small matter like this?
    Any info. at all is much appreciated!
  • 03-30-2007, 06:34 PM
    panther10758
    Re: Shoplifted merch. on Ebay (CA)
    Sounds like shes blowing smoke up your rear!
  • 03-30-2007, 09:12 PM
    mamacat
    Re: Shoplifted merch. on Ebay (CA)
    So there is no case, really, based on these facts, right? It seems rather ridiculous to me that there would be. Would the police even bother with something like this, since she says she has contacted them?
  • 03-30-2007, 09:37 PM
    Mr. Knowitall
    Re: Shoplifted merch. on Ebay (CA)
    Do any of the items have serial numbers? If asked, can you document where they came from?
  • 03-30-2007, 09:46 PM
    mamacat
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    No serial numbers. They are boutique clothing items.
  • 03-31-2007, 06:18 AM
    Mr. Knowitall
    Re: Shoplifted merch. on Ebay (CA)
    Quote:

    Quoting Mr. Knowitall
    View Post
    Do any of the items have serial numbers? If asked, can you document where they came from?

    It was a two-parter.
  • 03-31-2007, 07:26 AM
    mamacat
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    I don't have documentation of where they came from, no. But I repeat: I have three items that they also sell in their store, I shopped in their store, the items were missing from their inventory. Does that mean that I took the items? It is purely coincidental, and has no basis in fact. Would the police take precious time on something like this? I mean, it's a couple hundred of dollars worth of stuff.
  • 03-31-2007, 07:55 AM
    Mr. Knowitall
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    It's called "circumstantial evidence". You were in their store, the items disappeared from their store, you were selling the items on eBay, and you have no explanation of where you got the items. If I were the prosecutor I would want more evidence than that before authorizing charges, but it's possible to be convicted on that evidence.

    Also, what if the police examine your entire eBay selling history - will they find more items which coincidentally vanished from local merchants, where you cannot explain how you obtained the items for sale? "Where there's smoke, there's fire."
  • 04-06-2007, 12:01 PM
    LP4Life
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    I don't know where you got the items that you sold on eBay, but I would have to say that the chances of you getting charged/convicted are slim to none. Unless they have physical evidence against you, I don't see a strong case. I shop at Walmart and Meijer all the time. Walmart and Meijer carry very similar products and in a lot of cases, the exact same products. If I bought items from Meijers and then decided to sell the on eBay later because I don't want them, Walmart can't point the finger at me and say "Hey you shop here, we happen to be missing some items in our store, which just so happen to be the same items you're selling on eBay; therefore you stole them from us!" It just doesn't work that way.

    If for some insane reason this goes to court, all you have to do is have a good excuse on where you got the items that you were selling at (i.e. garage sale, friend, thrift store).

    If you really did steal the items from the store then I suggest you consider yourself lucky. You may have slipped by this time, but your bound to get caught. If you really didn't steal the items from the store, then you don't have anything to worry about.
  • 04-06-2007, 03:56 PM
    Mr. Knowitall
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    There's some bad advice. "If you're questioned by the police, lie in such a way that when they press the issue it will be obvious that you're lying. And while you're at it, implicate your friends and make them cover for you."

    The reason this would go to court is not "insane". If you get caught stealing, that can happen.
  • 04-06-2007, 04:14 PM
    Happy Trails
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    I agree Mr. K.

    The person that is threatening to go to the police doesn't need Ebay's cooperation to find out who mamacat is either; since she found the alleged items, won the bid and has had contact with the seller.

    It has been well known that some thieves use Ebay as a way to unload their stolen goods. It is Ebay's, privacy policy that makes it difficult to identify those that are doing it and so it is hard for the police to track them down.

    I'm not saying this is what you are doing mamacat, but it does happen. If you did obtain these items legally, I would be trying to find receipts or credit card charges... that could help you verify it in case it comes down to that.
  • 04-13-2007, 12:55 AM
    cooljuno411
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    Well the major fact you left out of your story is if you did or didn't actually steal the products.

    And how exactly to they have documentation of you shopping at that store.

    Your are innocent until proven guilty.
  • 04-13-2007, 06:23 AM
    aaron
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    Quote:

    Quoting Happy Trails
    View Post
    It has been well known that some thieves use Ebay as a way to unload their stolen goods. It is Ebay's, privacy policy that makes it difficult to identify those that are doing it and so it is hard for the police to track them down.

    I have heard that eBay will quite happily produce a customer's entire sales history and PayPal history upon a formal request from law enforcement.
  • 04-13-2007, 12:10 PM
    Happy Trails
    Re: Accused Of Selling Shoplifted Merchandise on eBay
    Quote:

    Quoting aaron
    View Post
    I have heard that eBay will quite happily produce a customer's entire sales history and PayPal history upon a formal request from law enforcement.

    My statement wasn't fair and I stand corrected.

    Ebay does cooperate with law enforcement and will provide information when formally requested.

    Ebay will not give out information (obviously) to anyone just requesting it. Proper procedure would be to contact police and have them investigate.
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