Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ - Page 14

Drave · 01-07-2009, 01:47 PM

heya jimace06 i cant believe this story!!!

i feel for ya man and as you can tell we got your back here. GL with this crazy situation!

RnRjUnKiE · 01-07-2009, 02:07 PM

Quote:

Originally Posted by Olli Walli

I'm pretty sure that AZ does not have as strict of homestead laws. Primarily it is Texas, Florida, Iowa, Kansas, and Oklahoma. Other states have certain limits where they keep a portion of the value and the rest can be siezed. If he ever sent any money over to Russia himself, he is guilty of fraud the (whether he knew or not) and you can therefore file charges against him. It should not be as difficult as your lawyer seems to be making it. I would look to another attorney. If he is unemployeed then he shouldn't have a ton of money to hire good attorneys to fight back.

Best of luck with everything.

Not only fraud, but also money laundering.

I'm surprised someone hasn't suggested opening a can of whoopass on him.

I would send everything I had after this guy. Cops, lawyer, repro man, etc. If you have a business I'm sure you have a way to screw his credit.

The point is not what he has now, but being able to claim what he may have in the future.

JimmyAce2006 · 01-07-2009, 02:32 PM

Quote:

Originally Posted by RnRjUnKiE

I'm surprised someone hasn't suggested opening a can of whoopass on him.

If you have a business I'm sure you have a way to screw his credit.

The point is not what he has now, but being able to claim what he may have in the future.

I have had a lot of whoopass suggestions. His credit is allegedly already screwed. He was unemployed for 6 months before taking the money laundering position.

rumbling_groover · 01-07-2009, 08:34 PM

Quote:

Originally Posted by JimmyAce2006

I have had a lot of whoopass suggestions. His credit is allegedly already screwed. He was unemployed for 6 months before taking the money laundering position.

Could you fight for any future earnings?

JonMan94 · 01-07-2009, 09:02 PM

DAMN........

dude, im sorry for wat happened to you...

and now a speech:

i say go find and stab, shoot or sue those two ****ing russian assholes who got your 14k!!!!
you shouldnt go after the middleman, s really, he is a victim of you if you deside to sue him, then his life will be even more ****ed up when he has to go get a job again to go make you whole..........

and also, thats why i never use EBAY!!!

(sorry if im aliitle late, but this thread too damn long)

and pleae, someone sum up what the thread ia about and what happened, cuase i dont think everyone would want to sit for like 10 minutes looking at ten+ pages of maddeness!!!

JimmyAce2006 · 01-07-2009, 09:18 PM

Quote:

Originally Posted by rumbling_groover

Could you fight for any future earnings?

Still trying to find the right lawyer. Don't know yet.

JoelmBenge · 01-07-2009, 10:07 PM

Quote:

Originally Posted by JimmyAce2006

Still trying to find the right lawyer. Don't know yet.

Just a question, and I'm not judging how you've handled this or anything.

The mule claims he's broke, but have you (or can you) confirm this? Maybe he's playing a sob story so you'll feel it's not worth your time to pursue him. Just a thought, really.

I feel for you and hope this gets set right somehow for you.

JimmyAce2006 · 01-07-2009, 11:30 PM

Quote:

Originally Posted by JoelmBenge

Just a question, and I'm not judging how you've handled this or anything.

The mule claims he's broke, but have you (or can you) confirm this? Maybe he's playing a sob story so you'll feel it's not worth your time to pursue him. Just a thought, really.

I feel for you and hope this gets set right somehow for you.

I plan to find out if he has any $. That will be part of the due dilligence in part of a law suit or maybe even before a lawsuit. I know he is around 40ish with a wife & about 3 kids. So he has to accumulated some wealth. Besides, I think his wife works. Seems like I should be able to get her wages garnished if he is unemployed.....??? Just a thought! I want my money back. There is another Murphy aged Page guitar that I want, and this time it is a real one!

I think the statute of limitations on something this large is 7 years in TX.

JimmyAce2006 · 01-15-2009, 03:52 PM

I finally found a lawyer who will do some due dilligence & potentially file a case for me. The criminal complaint is not out of the question here either. This guy plans to do some research to see if it is worth pursuing & if a lawsuit would be winnable. He also plans to give all the evidence to the local prosecutor's office whom he used to work for & see if they are interested in bringing criminal charges. Best case scenario is that I get paid back within 5 years & may or may not be able to collect attorney fees. Worst case scenario is that I am out a few hundred dollars more with no judgement against the mule. But at least it is moving along now. Thanks to everyone for your help and advice, especially Anthony. I will keep you posted with any material changes that occur.

calibud · 01-16-2009, 02:27 PM

Good to hear how things are going. Good Luck!

JimmyAce2006 · 03-10-2009, 01:12 PM

Well, the lawyer blew me off. He only talked to me once, made some promises, and totally ignored me after that. Did not show up for phone appointments, never returned phone calls, etc. Ditto for his assistant. The other lawyer I met on this forum who got me the referral tried to get the referral to step up & talk to me, but to no avail.

The mule's local police office was interested in the case. They had him come in for questioning last week. They told me they think he is "guilty as sin". They sent the case to the prosecutor. It is up to the prosecutor to decide whether to file charges. I should know something in 1-2 weeks. If they do not file charges, my only other recourse will be the FBI or a civil suit.

The trouble with a civil suit is that he can file bankruptcy. The average recovery from someone who filed bankruptcy was about $0.06 on the dollar a few years ago, and probably less in this economy. So I would be throwing away good money just to get a judgment against him. Seems like the best course is to get a criminal conviction where he would be required to pay restitution within, say, 5 years. But if no law enforcement will do their job & bring justice, then this guy basically gets away free with no accounting for his criminal activity.

bosrocker51 · 03-10-2009, 01:24 PM

Quote:

Originally Posted by Blues Power

tis why you need to use Pay pal all the time every time. eventually they protect you against this stuff
but with 500 +'s i think youll be alright in the long run but id be losing sleep anyways
it odd though that he'd keep the guitar in a "bank Vault" seems strange

I would NOT expect Paypal to intervene or help in any way, unless the transaction is less than $200 - they have a terrible reprutaion for resolving no ship/no refund problems. I do not trust paypal at all.

bosrocker51 · 03-10-2009, 01:31 PM

Quote:

Originally Posted by JimmyAce2006

My money is gone. I was able to get his real number from someone. He was duped like me..

Just read your reply - so sorry you got stung wiuthg a hijacked/fradulent seller. I'm sure others said this, but I suggest SUING both ebay AND paypal, for their lack of security that caused your loss. Sue for treble damages if you can. Find a shark attorney and go after them like a rabid dog. best of luck...

JimmyAce2006 · 03-10-2009, 03:16 PM

Quote:

Originally Posted by bosrocker51

Just read your reply - so sorry you got stung wiuthg a hijacked/fradulent seller. I'm sure others said this, but I suggest SUING both ebay AND paypal, for their lack of security that caused your loss. Sue for treble damages if you can. Find a shark attorney and go after them like a rabid dog. best of luck...

Paypal was not involved. It was a bank to bank wire transfer. The police have subpoena'd his accounts in that bank. It is up to the prosecutors to decide if they want to take the case.

dwagar · 03-13-2009, 10:42 AM

don't you still have to file a civil suit to go after your $?

JimmyAce2006 · 03-13-2009, 11:05 AM

Quote:

Originally Posted by dwagar

don't you still have to file a civil suit to go after your $?

If he is convicted of criminal charges, he will have to pay restitution as part of his sentence. But if I win a civil suit, he can file for bankruptcy; in that case, I might not ever get anything.

guitarbob123 · 03-14-2009, 10:39 AM

write down his address and ring there at the start of every year.
if he still lives there go and ask for the money.
how long after the crime can you cliam the money??

JimmyAce2006 · 03-14-2009, 05:21 PM

Quote:

Originally Posted by guitarbob123

write down his address and ring there at the start of every year.
if he still lives there go and ask for the money.
how long after the crime can you cliam the money??

i think the statute of limitations is 7 years

moff40 · 03-15-2009, 01:33 AM

Quote:

Originally Posted by JimmyAce2006

i think the statute of limitations is 7 years

I'd check that if I were you.

I know we live in different countries and the laws are likely different, but here, the statute is 7 years from the date of the last acknowledgment of the dept. Basically that means is, every so often, you've just got to get him to admit that he owes you money (of course that has to be verifiable), or get him to pay a little bit towards the debt, and he's on the hook for another 7 years from that date.

JimmyAce2006 · 03-15-2009, 07:40 PM

Quote:

Originally Posted by moff40

I'd check that if I were you.

I know we live in different countries and the laws are likely different, but here, the statute is 7 years from the date of the last acknowledgment of the dept. Basically that means is, every so often, you've just got to get him to admit that he owes you money (of course that has to be verifiable), or get him to pay a little bit towards the debt, and he's on the hook for another 7 years from that date.

A law enforcement office told me that in the beginning. Doesn't matter; I don't think I will recover anything.

moff40 · 03-16-2009, 04:58 AM

I feel for ya man. I hope you get something out of all this...

SoundwaveLP · 03-16-2009, 02:55 PM

Wow man, that's terrible. I hope you atleast get your money back, but if you can take this jackass for everything he has. Which judging by this, isn't much

LPSGME · 03-16-2009, 05:08 PM

This is of course just my personal opinion and not intended as any advice ordinary or legal....

Are you saying that you took your case to the police and they investigated without you having to swear out a criminal complaint? Or did you actually lodge a criminal complaint against him.

I would think that a prosecutor would be more inclined to prosecute if you filed the complaint rather than relying on them to take action based on some information reported to them.

If they tell you that they are not interested, I'd ask them why they bother to try things like traffic tickets - which are obviously more trivial.

If they still balk maybe you could go to some local TV reporter who does one of those 'help me' segments; and ask why the DA isn't interested in real crimes while they prosecute traffic tickets.

If you do ever get a civil judgement, I don't think you have to wait for the guy to start paying you. I think you can take the judgment to the Sheriff and get him to attach anything of value that he might have, and have the Sheriff sell it.

I once had someone stiff me. They said they didn't have the money to pay me back. In trying to work it out, I convinced them to give me a check. I think they thought I was just going to hold it for a while. Don't know why. But I deposited the check in my bank and, when it bounced, I went to the bank to formally 'protest' the non payment. That 'protest' process gave me the ability to file a criminal charge against the guy for passing a bad check. Surprisingly the guy who said he had no money all of a sudden had enough to pay me.

What's this Russian thing about? Is it real or just an lying excuse?

JimmyAce2006 · 03-16-2009, 10:40 PM

The Russian thing is real. I have thought about talking to the media; but then I have my privacy invaded & look like a whiner and a dip stick. With the police, they have someone like a detective take down your story and start a case. Then they give it to the prosecutor's office & they decide whether they will try it. The only reason they would not try it is if they think they can't win. If they think this guy was duped (and he was to an extent), and if they also think there was no criminal intent (why not let a jury decide?), then they will not pursue it. I am at their mercy. But if they won't pursue it, and I will find out this week, then I plan to talk to the FBI. One step at a time.

LPSGME · 03-17-2009, 01:10 AM

Did the police ever tell you if they asked the guy to show him his bank records, showing that he actually wired your money to Russia, and whether he in fact produced those records?

Of course the fact that he wired your money to Russia does not necessarily mean he isn't in on the scam. Nor does it exclude the possibility that he personally set something up to wire the money away, just to make his story look good, and then had it transferred back.

It just seems hard to believe that anyone would allow money to be wired into their personal bank account and then wire it overseas for a fee, to Russia no less, and never suspect that he is being used to launder money or is involved in an illegal enterprise.

Surely if someone can wire money to him, and if he can wire it to Russia, then the original sender can just as easily wire it to Russia.

At the very least, to me, it seems negligent.

JimmyAce2006 · 03-17-2009, 09:45 AM

Quote:

Originally Posted by LPSGME

Did the police ever tell you if they asked the guy to show him his bank records, showing that he actually wired your money to Russia, and whether he in fact produced those records?

Of course the fact that he wired your money to Russia does not necessarily mean he isn't in on the scam. Nor does it exclude the possibility that he personally set something up to wire the money away, just to make his story look good, and then had it transferred back.

It just seems hard to believe that anyone would allow money to be wired into their personal bank account and then wire it overseas for a fee, to Russia no less, and never suspect that he is being used to launder money or is involved in an illegal enterprise.

Surely if someone can wire money to him, and if he can wire it to Russia, then the original sender can just as easily wire it to Russia.

At the very least, to me, it seems negligent.

Yes, there is proof that the money was wired. Besides, I talked to the Russians before I ever caught up with this middle man.

Your argument is the same one I use with the police when they tell me they (the prosecutors) can not prove criminal intent (required for conviction but not for civil). I say take him to trial and let a jury decide. But I can not force them to do that.

guitarfish · 03-17-2009, 09:49 AM

Where's Dirty Harry when you need him?

JimmyAce2006 · 03-17-2009, 10:09 AM

Quote:

Originally Posted by guitarfish

Where's Dirty Harry when you need him?

Agreed!

LPSGME · 03-17-2009, 03:15 PM

Quote:

Originally Posted by JimmyAce2006

Yes, there is proof that the money was wired. Besides, I talked to the Russians before I ever caught up with this middle man.

Your argument is the same one I use with the police when they tell me they (the prosecutors) can not prove criminal intent (required for conviction but not for civil). I say take him to trial and let a jury decide. But I can not force them to do that.

Well then here's a thought you might want to lay on them.

Criminal negligence - Wikipedia, the free encyclopedia

JimmyAce2006 · 03-17-2009, 03:44 PM

Quote:

Originally Posted by LPSGME

Well then here's a thought you might want to lay on them.

Criminal negligence - Wikipedia, the free encyclopedia

Under the punishment section, I did not see anything about restitution.

01-07-2009, 01:47 PM	#391 (permalink)
Drave Senior Member Join Date: Dec 2007 Location: Florida Posts: 470 Thanks: 2 Thanked 1 Time in 1 Post	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ heya jimace06 i cant believe this story!!! i feel for ya man and as you can tell we got your back here. GL with this crazy situation! __________________

01-15-2009, 03:52 PM	#399 (permalink)
JimmyAce2006 V.I.P. Member Join Date: Sep 2007 Posts: 8,932 Thanks: 104 Thanked 435 Times in 88 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ I finally found a lawyer who will do some due dilligence & potentially file a case for me. The criminal complaint is not out of the question here either. This guy plans to do some research to see if it is worth pursuing & if a lawsuit would be winnable. He also plans to give all the evidence to the local prosecutor's office whom he used to work for & see if they are interested in bringing criminal charges. Best case scenario is that I get paid back within 5 years & may or may not be able to collect attorney fees. Worst case scenario is that I am out a few hundred dollars more with no judgement against the mule. But at least it is moving along now. Thanks to everyone for your help and advice, especially Anthony. I will keep you posted with any material changes that occur.

01-16-2009, 02:27 PM	#400 (permalink)
calibud Senior Member Join Date: Aug 2008 Location: Michigan Posts: 4,509 Thanks: 88 Thanked 150 Times in 23 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ Good to hear how things are going. Good Luck!

03-10-2009, 01:12 PM	#401 (permalink)
JimmyAce2006 V.I.P. Member Join Date: Sep 2007 Posts: 8,932 Thanks: 104 Thanked 435 Times in 88 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ Well, the lawyer blew me off. He only talked to me once, made some promises, and totally ignored me after that. Did not show up for phone appointments, never returned phone calls, etc. Ditto for his assistant. The other lawyer I met on this forum who got me the referral tried to get the referral to step up & talk to me, but to no avail. The mule's local police office was interested in the case. They had him come in for questioning last week. They told me they think he is "guilty as sin". They sent the case to the prosecutor. It is up to the prosecutor to decide whether to file charges. I should know something in 1-2 weeks. If they do not file charges, my only other recourse will be the FBI or a civil suit. The trouble with a civil suit is that he can file bankruptcy. The average recovery from someone who filed bankruptcy was about $0.06 on the dollar a few years ago, and probably less in this economy. So I would be throwing away good money just to get a judgment against him. Seems like the best course is to get a criminal conviction where he would be required to pay restitution within, say, 5 years. But if no law enforcement will do their job & bring justice, then this guy basically gets away free with no accounting for his criminal activity.

03-14-2009, 10:39 AM	#407 (permalink)
guitarbob123 Senior Member Join Date: Jan 2009 Location: Birmingham, England Posts: 3,705 Thanks: 203 Thanked 17 Times in 8 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ write down his address and ring there at the start of every year. if he still lives there go and ask for the money. how long after the crime can you cliam the money?? __________________ Equipment: 2011 Gibson Les Paul Custom 68RI (Ebony) 2008 Epiphone G-400 Marshall JVM410h Marshall 1960A Cab Check out Brett at Eddie's Guitars if you're looking to buy! They're a great place and Brett is the best! PM him for some amazing deals, you'll be surprised!!!

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03-16-2009, 04:58 AM	#411 (permalink)
moff40 Senior Member Join Date: Sep 2008 Location: Vancouver Island, Canada Posts: 4,658 Thanks: 4 Thanked 14 Times in 5 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ I feel for ya man. I hope you get something out of all this...

03-16-2009, 02:55 PM	#412 (permalink)
SoundwaveLP Senior Member Join Date: Nov 2008 Posts: 467 Thanks: 5 Thanked 5 Times in 1 Post	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ Wow man, that's terrible. I hope you atleast get your money back, but if you can take this jackass for everything he has. Which judging by this, isn't much

03-16-2009, 05:08 PM	#413 (permalink)
LPSGME Senior Member Join Date: Oct 2008 Posts: 2,096 Thanks: 1 Thanked 12 Times in 8 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ This is of course just my personal opinion and not intended as any advice ordinary or legal.... Are you saying that you took your case to the police and they investigated without you having to swear out a criminal complaint? Or did you actually lodge a criminal complaint against him. I would think that a prosecutor would be more inclined to prosecute if you filed the complaint rather than relying on them to take action based on some information reported to them. If they tell you that they are not interested, I'd ask them why they bother to try things like traffic tickets - which are obviously more trivial. If they still balk maybe you could go to some local TV reporter who does one of those 'help me' segments; and ask why the DA isn't interested in real crimes while they prosecute traffic tickets. If you do ever get a civil judgement, I don't think you have to wait for the guy to start paying you. I think you can take the judgment to the Sheriff and get him to attach anything of value that he might have, and have the Sheriff sell it. I once had someone stiff me. They said they didn't have the money to pay me back. In trying to work it out, I convinced them to give me a check. I think they thought I was just going to hold it for a while. Don't know why. But I deposited the check in my bank and, when it bounced, I went to the bank to formally 'protest' the non payment. That 'protest' process gave me the ability to file a criminal charge against the guy for passing a bad check. Surprisingly the guy who said he had no money all of a sudden had enough to pay me. What's this Russian thing about? Is it real or just an lying excuse? __________________ LP1,LP2,LP3

03-16-2009, 10:40 PM	#414 (permalink)
JimmyAce2006 V.I.P. Member Join Date: Sep 2007 Posts: 8,932 Thanks: 104 Thanked 435 Times in 88 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ The Russian thing is real. I have thought about talking to the media; but then I have my privacy invaded & look like a whiner and a dip stick. With the police, they have someone like a detective take down your story and start a case. Then they give it to the prosecutor's office & they decide whether they will try it. The only reason they would not try it is if they think they can't win. If they think this guy was duped (and he was to an extent), and if they also think there was no criminal intent (why not let a jury decide?), then they will not pursue it. I am at their mercy. But if they won't pursue it, and I will find out this week, then I plan to talk to the FBI. One step at a time.

03-17-2009, 01:10 AM	#415 (permalink)
LPSGME Senior Member Join Date: Oct 2008 Posts: 2,096 Thanks: 1 Thanked 12 Times in 8 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ Did the police ever tell you if they asked the guy to show him his bank records, showing that he actually wired your money to Russia, and whether he in fact produced those records? Of course the fact that he wired your money to Russia does not necessarily mean he isn't in on the scam. Nor does it exclude the possibility that he personally set something up to wire the money away, just to make his story look good, and then had it transferred back. It just seems hard to believe that anyone would allow money to be wired into their personal bank account and then wire it overseas for a fee, to Russia no less, and never suspect that he is being used to launder money or is involved in an illegal enterprise. Surely if someone can wire money to him, and if he can wire it to Russia, then the original sender can just as easily wire it to Russia. At the very least, to me, it seems negligent. __________________ LP1,LP2,LP3

03-17-2009, 09:49 AM	#417 (permalink)
guitarfish Senior Member Join Date: Jul 2008 Location: Milford, PA Posts: 2,498 Thanks: 17 Thanked 87 Times in 7 Posts	Re: Help! Need advice! Ebay item not shipped: Jimmy Page / Tom Murphy $$$ Where's Dirty Harry when you need him?

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