That is what I think. Kevin already spent all of the money on who knows what and is just trying to worm his way out of this.

a cheque was sent through the mail

This may be an option

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There are three elements to mail and wire fraud:

Intent;
A "scheme or artifice to defraud" or the obtaining of property by fraud; and,
A mail or wire communication.[4]
To be fraudulent, a misrepresentation must be material.[5]

Mail fraud applies only to United States domestic mailings and use of interstate carriers (UPS, FedEx) which must originate in one state, and successfully terminate pursuant to the address label inside another state, a transportation that is termed "interstate" (over which Congress has power to regulate) and does require that the mailing cross at least one state line into another state; wire fraud has been expanded by Congress to include foreign wire communication or interstate connections via (e.g.) an e-mail server or telephone switch or radio communication.[6]

In this case if there was payment sent via USPS or FEDEX/UPS, it's considered mail fraud. The use of email or internet also makes it Mail fraud in the eyes of USPS.

Here's the site you file: https://postalinspectors.uspis.gov

Here's a how-to article: http://www.ehow.com/how_7535870_report-fraud-usps.html

Can you point me to the source of this? I can't find any examples of USPS, or any source, stating that the use of email or the internet can be construed as USPS mail fraud. This is directly from USPS:

"Fraud on the Internet results in mail fraud when “cyberscammers” receive payments and ship items via the U.S. Mail."

The OP sent Kevin a check for the game through the USPS mail.

Kevin cashed the check.

Kevin did not ship a game to the OP, because he did not actually have said game.

Kevin did not refund the money.

Federal Mail Fraud.

I think he means that even if a scam starts with contact from a PM or Email, if the USPS is used at some point in the transaction, it falls under Federal Mail Fraud.

Literally:

"U.S. Postal Inspectors investigate any crime in which the U.S. Mail is used to further a scheme--whether it originated in the mail, by telephone, or on the Internet"

https://postalinspectors.uspis.gov/investigations/mailfraud/mailfraud.aspx

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Vid has this on point. No joke; guys at the USPS make thier careers/promotions based off this type of shit! Dont F around within the USPS system, they dont play!

Everybody, I was just made aware of this thread (on vacation). While I sympathize with OP, let me please remind you that threats of violence are absolutely not welcome on Pinside.

There's some legal advice being posted here on what to do when you get scammed like this, a subject which I would like to keep open for discussion.

But the mob "kick his ass" mentality has got to stop right now. Some of the stuff being posted here is downright scary and definitely not Pinside material. If this keeps going, the thread will be locked.

It's sounds like there are multiple legal avenues that can be taken. I have had a few offers of trades/sales using shipping across the country and have always been apprehensive because of the deal potentially going down like this. To many of us who are in this expensive hobby this would be a big blow to anyone. I keep coming back to the thread to see if it ever gets straightened out and I hope it does. I don't believe the OP has any intension of hurting anyone he just seems to be very frustrated, nobody likes to get burned. Thankfully he has an outlet to use his words and not his fists. It's unfortunate that the OP will have to waste more of his time and resources to just recoup money owed to him. The seller must not want to be involved in pinball anymore since most people on here are not going to want to deal with him. This is a tight nit community and people talk to each other. From a fellow New Englander I hope this all works out in the end and I hope this doesn't ruin the hobby for you.

Awww I hate being in China and missing the good threads! Isn't this beautiful, the one time a year the stern fan boys and the JJP fan boys can all come together and get behind one of our own no matter which camp he lies. The lowest of the low (Douche bag who steals). Some great one liners here and for gods sake Kevin, just give Spidey or Darkknight his friggin money back!

DK, you keep bringing up the predator case, etc. Your case is not like that. Those cases have not been resolved YET. This is mostly due to the number of victims and paperwork that needs to be filed for each victim, etc. You are in a pretty good place. I don't see how the courts will not rule in your favor. Sure Kevin may not pay up, but some things are more satisfying than getting your money back, like ruining his credit rating. He is a small business owner who soon won't be able to take out new loans and will see the interest rates on his CC's, etc start to rise. This will be on his record and won't come off for seven years. SEVEN YEARS.

I find your "the law doesn't work" and "lawyers can't be trusted" comments to be pretty weak. What do you know, you haven't bothered to try. Man up and get it done. Most small jurisdictions don't have their own departments that is nothing new. File the report with the state troopers. Just because you played nice with the guy previously doesn't mean you should come on here now and start making threats now. That is not going to accomplish anything for you, in fact just the opposite. Just to make you aware Kevin has a pretty good case against YOU right now because of this thread and the threats you and others have made. You may just be the first one with a knock at your door. Be smart. Stop posturing. Much like Kevin doesn't want to this mark on his record you're not going to want an assault, harassment, etc charge on yours. That doesn't get wiped off.

I have tomorrow off, I would be more than happy to do some leg work for you. I would recommend finding someone with a cooler head to explain to Kevin what is going to happen when the court proceedings begin. How much damage this $3800 is going to do to him long term. I would also stop playing the part of the psycho, it's not going to help you with the law long term either.

Great advice ^^^^^^

This is good advice, keep this in mind when posting.

dark knight > what is the back story in why Kevin would feel justified in keeping your money?

Many here may cringe and say 'that's scary' at the thought of someone taking a monster garbage can beating for stealing... But isn't that the point? There are dudes out there who have 'the rage'.
Op may be full of it with his background story. (mma to settle debts sure sounds awesome to me) true or not it is a reminder not to f with random dudes.. You might bump into a scary one.

Well said..............Joey

Uh, you do realize that you've been in a very similar situation to this, you being the guy who tried to rip somebody off.

Why isn't JPOP in jail for this? He recieved more than 100 checks this way, are legal system is messed up!

Big difference. Jpop is claiming no "intention" to defraud. He is actually claiming he is still trying to make a game. He is treating it like an investment in a company that might fail.

This case is a deliberate scheme to take money from multiple buyers for one item for sale. Very straight forward.

Our legal system is meant to protect the innocent; it just doesn’t seem to always work out that way. sigh!

https://www.law.cornell.edu/uscode/text/18/part-I/chapter-63

Remember when I called the cops on Kulek in his hometown and everyone on pinside THRASHED me? Then a week later the BIG news came out.....well Someone call the cops!

Do you SERIOUSLY believe that the USPS is a customer-driven entity with 95% customer satisfaction that is full of real go-getters, with tons of brains and drive and ambition, who are richly rewarded for excellent performance on their jobs and whose mainest mission in the morning is to get down to the office on time to jump on a case like this involving $3800?

Even if the Post Office had the inclination or a clue, there are 1200 Postal Inspectors on the payroll. That's 24 per state. It's also 275,000 people for every one Postal Inspector. There are 600,000 USPS employees, but just 1200 Postal Inspectors, comprising .002 of USPS employees.

Sorry, one place not to waste your time on this is the Post Office.

The other place not to waste your time is The Pinside Posse. They will be as effective as the Iraqi Army when time comes to take back the town.

Sadly, this may only effect him for about two years ( even though it will stay on report for 7 years). $3800 judgement really will only pull his score down about 150-200 points. That score can easily be rebuilt.
A garnishment of some sort would be a whole heck of a lot better. At least some money would be coming in.

Post office directly hands over to the FBI

Illinois is $300, Iowa is I think $1000 or $1500.

I had a guy from Iowa bounce me a check for service of around $800. I live in Illinois. He thought the bounced check would only be a misdemeanor. He found out real quick he was facing Illinois Felony charges. I got my money toot sweet as soon as he got a call from States attorneys office explaining his felonious check bouncing.

we still be waiting.

IBTL.

This thread sucked.

Also a big difference in legal protections afforded to business entities i.e. LLC's and INC's versus an individual. The legal system isn't messed up it just hasn't run its course yet in term s of JPOP. His is a multiple party case IF Nick decides to take legal action here he is one plaintiff taking a single individual to court. Not an LLC, not an INC.

Kevin had ZERO intentions of paying you back or he already would have regardless of this thread or not.

F@ck him.

So everyone over reacted? Good to see it will all work out.

Leave it open so we will know the outcome!

Well that was anti-climatic.

This thread really got my blood boiling. There's nothing I hate more than a crook.

Libertine_bm.jpg

And what will the angry mob feast on next?

Back to hating GOT art work?

Even locked, I hope this scum pays you back everything you are owed.

Wendy's has ten piece nuggets, fries, and a drink for $4 right now.

Glad to see cool heads prevail. But whysnow is right, something seems to be omitted.

(Soon to be coming) GoT HBO LE version thread, with instruction card signed by Tyrion, Sansa, Daenerys and Reek for $12k.

yup, come on guys let's grab our torches and head back over to that "art" thread.. nothing more to do here

Booger King has nuggets 10 for $1.50 and they work faster than Ex-Lax.

Guess we won't see 1000 posts now.

What about Pin3k,you took all our deposits and delivered nothing.It doesn't take this long to build a space elevator!

Wow, i just got a call from paypal about this guy! Hmm i guess he will be put on my banned list from ordering from me. Paypal is looking for his address phone number ect.. i want to help them find him if i can. Too bad.