So.... say that you got scammed...

fuzzybabybunny

Moderator<br>Digital & Video Cameras
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Jan 2, 2006
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Say that you got scammed. You are starting a business and you've got a supplier. You sent payment for some product to this company and they never gave you the product and they kept your money. You can't get your money back because it was a bank wire. You do some digging and you find out the identity of the person plus a bunch of websites he frequents - myspace/personal/porn, etc. Then you find that he's a member of a web forum that specializes in selling stolen credit card information and has posts specifically requesting to buy stolen credit card numbers. Oh, and he's also literally a "free ipod" scammer.

If you sue for the money that he took, would you lose? At the time you were doing business with his LLC or whatever, and if his LLC doesn't exist anymore/has no money, are you up shit creek, despite all the crap that you've uncovered about the owner of the company?
 

fuzzybabybunny

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Originally posted by: ViviTheMage
Yeah, time to lawyer up...was it a lot of money?

Yes. Statute of limitations is coming up as well in half a year. Would even just getting face time with a lawyer to go over this cost a lot? What are the fees for a fraud case? $10K? $20K? If the latter, it's not even worth it...
 

amdhunter

Lifer
May 19, 2003
23,332
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Originally posted by: fuzzybabybunny
Originally posted by: amdhunter
I'd post on ATOT about it.

Yeah, no way in hell would talking to a lawyer be a good idea, right?

Depends on how much money is involved. Anything under $500 is probably going to cost you more than it's worth, and if he is a pro at this, he probably knows all kinds of workarounds to beat you.

Probably better to file a complaint with his local Police department since you have most of his info.
 

SonnyDaze

Diamond Member
Jul 31, 2004
6,867
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Sue. Even if you don't get any money, it's still the principle of letting this turd nugget know that you can't do this kind of shit and expect to get away with it.
 

ViviTheMage

Lifer
Dec 12, 2002
36,189
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madgenius.com
Originally posted by: Al Neri
hey vivi, i sent u a pm no response yet? :p

working on it Al :) I will get back to you!

Originally posted by: fuzzybabybunny
Originally posted by: ViviTheMage
Yeah, time to lawyer up...was it a lot of money?

Yes. Statute of limitations is coming up as well in half a year. Would even just getting face time with a lawyer to go over this cost a lot? What are the fees for a fraud case? $10K? $20K? If the latter, it's not even worth it...

I know a lawyer, she does some stuff for me, pro bono.

Any time I look for a lawyer online, or in the yellowpages, I get those shitty ones from TV commercials who just want quick change.
 

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: fuzzybabybunny
Originally posted by: ViviTheMage
Yeah, time to lawyer up...was it a lot of money?

Yes. Statute of limitations is coming up as well in half a year. Would even just getting face time with a lawyer to go over this cost a lot? What are the fees for a fraud case? $10K? $20K? If the latter, it's not even worth it...

For that kind of money -- definitely lawyer up. A consultation probably won't cost you much.
 

darkxshade

Lifer
Mar 31, 2001
13,749
6
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Threaten to snorgle him if he doesn't pay up. This will most likely be more effective than any type of legal action you could possibly take.
 

Al Neri

Diamond Member
Jan 12, 2002
5,680
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Originally posted by: ViviTheMage
Originally posted by: Al Neri
hey vivi, i sent u a pm no response yet? :p

working on it Al :) I will get back to you!

Originally posted by: fuzzybabybunny
Originally posted by: ViviTheMage
Yeah, time to lawyer up...was it a lot of money?

Yes. Statute of limitations is coming up as well in half a year. Would even just getting face time with a lawyer to go over this cost a lot? What are the fees for a fraud case? $10K? $20K? If the latter, it's not even worth it...

I know a lawyer, she does some stuff for me, pro bono.

Any time I look for a lawyer online, or in the yellowpages, I get those shitty ones from TV commercials who just want quick change.

You the man Vivi :p

Good luck Fuzzy....
 

fuzzybabybunny

Moderator<br>Digital & Video Cameras
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Originally posted by: SonnyDaze
Sue. Even if you don't get any money, it's still the principle of letting this turd nugget know that you can't do this kind of shit and expect to get away with it.

That's probably what I'm going to end up doing. The site he's on is pretty crazy, a whole black hat culture of ripping off credit card numbers, selling them, even paying special companies to produce actual plastic cards and program in the magnetic strips... I'm not saying HE does these personally, just that he's asked for "USA/EU Dumps" and "Fullz."
 

ViviTheMage

Lifer
Dec 12, 2002
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madgenius.com
Let me see if I can get you in touch with my lawyer friends, unless someone else on here can help, that deals specifically with these types of cases.
 

sjwaste

Diamond Member
Aug 2, 2000
8,757
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FBB, this is not legal advice and should not be relied upon as such.

Talk to a lawyer ASAP. Get a referral from someone you know, if possible, because like all other professions its hard to find someone you like and does good work.

The lawyer is probably going to advise you not to negotiate with this guy first, or point out that you figured out who he is and where he hangs out, because the guy will just cover his tracks and disappear. Once he's been served, you can negotiate. He'll be much more inclined to do so if he's been served process and is legally bound to appear in court.

Again, not legal advice. Just telling you not to do anything that will scare the guy off and zero your chances of ever getting paid back. A lawyer in your state of residence will be able to help you.

As for getting the funds back because he transacted through an LLC, the answer is, it depends. It depends on state statute and relevant case law. It might not matter, depending on the full facts, because the guy might have personal liability no matter what. In short, it depends on the full facts, where you live, and what the law is there.

But I do recommend you speak with an attorney, it sounds like you might get somewhere. Just work out the fee structure in advance.
 
Sep 29, 2004
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If he is running a significantly similar business, you can sue that new business.

I know this because my father in law is a lawyer. He used a pool for example. So, you give someone a $2000 down payment for a pool. The guy never does the job and closes the business. He starts another pool installation business. You can sue that new business.
 

importdistributors

Senior member
Sep 14, 2004
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0
Originally posted by: sjwaste
FBB, this is not legal advice and should not be relied upon as such.

Talk to a lawyer ASAP. Get a referral from someone you know, if possible, because like all other professions its hard to find someone you like and does good work.

The lawyer is probably going to advise you not to negotiate with this guy first, or point out that you figured out who he is and where he hangs out, because the guy will just cover his tracks and disappear. Once he's been served, you can negotiate. He'll be much more inclined to do so if he's been served process and is legally bound to appear in court.

Again, not legal advice. Just telling you not to do anything that will scare the guy off and zero your chances of ever getting paid back. A lawyer in your state of residence will be able to help you.

As for getting the funds back because he transacted through an LLC, the answer is, it depends. It depends on state statute and relevant case law. It might not matter, depending on the full facts, because the guy might have personal liability no matter what. In short, it depends on the full facts, where you live, and what the law is there.

But I do recommend you speak with an attorney, it sounds like you might get somewhere. Just work out the fee structure in advance.


Yes do you know his state of residence or where he is operating out of?
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
An initial consultation with a lawyer will likely not cost you much, if anything.

Some observations:

If you purchased something from the LLC, and the LLC went belly-up, odds are that you are SOL. The LLC is there to protect the owner from personal liability for company expenses, and while it is possible to get through that protection, it's not easy and is likely more trouble than it's worth. Outright fraud on the guy's part would be a cause to be able to go after his assets instead of those of the LLC, but it's going to be expensive.

All the stuff about the guy's personal activities is completely meaningless. He can frequent whatever sites he wants, be a free ipod scammer, hang out on stolen card sites etc, it means nothing as related to the merits of your claim against him.

Finally, why the heck would anyone purchase anything from a mom & pop (small) LLC by wire transfer?? Shouldn't that have sent up all sorts of red flags? Had you used a credit card of some sort, you could simply reverse the charges and the CC would deal with it. A wire transfer (and by extension, services like Western Union) are an absolute NO-NO if you're conducting any kind of transaction with an entity you are not 100% certain is legit. Wires leave you 0 recourse if things go wrong. You can't recall them, you can't undo them etc.
 

IceBergSLiM

Lifer
Jul 11, 2000
29,932
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DO NOT CONTACT A LAWYER. DONT LISTEN TO THESE FOOLS HERE.




this is Wire Fraud.......contact your local FBI office. You won't be likely to get anything in civil court anyways as this guy is scumbag..... but at least send him to federal pound me in the ass prison.
 

fuzzybabybunny

Moderator<br>Digital & Video Cameras
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Jan 2, 2006
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Originally posted by: IcebergSlim
DO NOT CONTACT A LAWYER. DONT LISTEN TO THESE FOOLS HERE.




this is Wire Fraud.......contact your local FBI office. You won't be likely to get anything in civil court anyways as this guy is scumbag..... but at least send him to federal pound me in the ass prison.

I actually did the whole FBI thing. One of the first things we did. Didn't do a goddamn thing. It's one of those millions of unsolvable internet wire fraud scams that no one at the FBI seems to care about.
 

fuzzybabybunny

Moderator<br>Digital & Video Cameras
Moderator
Jan 2, 2006
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Originally posted by: PokerGuy
An initial consultation with a lawyer will likely not cost you much, if anything.

Some observations:

If you purchased something from the LLC, and the LLC went belly-up, odds are that you are SOL. The LLC is there to protect the owner from personal liability for company expenses, and while it is possible to get through that protection, it's not easy and is likely more trouble than it's worth. Outright fraud on the guy's part would be a cause to be able to go after his assets instead of those of the LLC, but it's going to be expensive.

All the stuff about the guy's personal activities is completely meaningless. He can frequent whatever sites he wants, be a free ipod scammer, hang out on stolen card sites etc, it means nothing as related to the merits of your claim against him.

Finally, why the heck would anyone purchase anything from a mom & pop (small) LLC by wire transfer?? Shouldn't that have sent up all sorts of red flags? Had you used a credit card of some sort, you could simply reverse the charges and the CC would deal with it. A wire transfer (and by extension, services like Western Union) are an absolute NO-NO if you're conducting any kind of transaction with an entity you are not 100% certain is legit. Wires leave you 0 recourse if things go wrong. You can't recall them, you can't undo them etc.

this was done back when i was young, stupid, and didn't understand how business was done.

if the business was an llc, i could probably still sue him for his personal assets if the llc was doing fraudulent business, right? and in this case him asking for stolen credit card numbers would be a way to discredit his character and have the case turn in my favor.