Make Money On Ebay

Ebay Scam, What is Illegal about being a Money Mule/Transfer Agent?

I won an Ebay auction. Someone in Romania took over a sellers account and sold electronics that did not exist. The auction instructions told me to send the money to a person (money mule) in Virginia. This person did not know he was a money mule. He got the "job" off the an Internet site that said "work at home". He cashed my auction payment cashiers check and wired the money overseas to the "company" he worked for, per their instructions. I never received the item I won, because it never existed. Basically, the Money Mule laundered the money. I have to file against the Money Mule even though he did not know. He endorsed the cashier's check. If I file a small claims action, what do I write? Money Laundering? Mail Fraud? Internet Fraud? It is a sad deal all around. I will take advice and suggestions too. I lost over $2,000.00. I offered to settle with the money mule for $1,000.00, but he never responded.

Public Comments

1. It's tough to say. It could be the "mule" is concocting the story to divert attention, or discourage people from sue-ing. It's a major pain to conduct small action suits over distance. They have to be filed, argued in the defendant's jurisdiction. This means the $ amount needed to travel to, live in the area till the case is heard, can quickly surpass the $ amount lost by the plaintiff. If the Mule person is an honest dupe, he'll likely be faced with suits amounting to many x's his anual income. Facing bankruptcy, he's what's referred to as "sue proof, or claim proof" by the lawyer piranha. (not having anything to take, a million dollar finding against him's meaningless) I'd file a police report in your and his jurisdiction. Give as much detail as possible. This does'nt necessarily mean he'll go to jail, (but might).. What it'll do, is give yourself legitimacy in case any legal/police action crops up with other victims. If it's a case of wire fraud, or other similar crime, this is how it'll be detected first. If it comes to a class action suit, this is also a main way of staking claim. I hate to say it, but other than this, there's not much you can do. The money mule's liable, but collecting will cost more than the $ amount won. If the scammer's really in Romania, he'll be out of jurisdiction for U.S. civil courts.
2. You could sue the money mule under the Federal Racketeering and Corrupt Organizations Act ("RICO"). Wire and mail fraud would be the predicate acts. Plead the EBay scheme as the enterprise. The money mule and transfer agent would be RICO persons under the statute who are civilly liable for treble damages to the victim of a RICO enterprise, and liable for the victim's attorney's fees. You could also sue for breach of contract, negligent misrepresentation and fraud.
3. You can only file case against the mule as you sent payment t himw and he cashed it, you do not know what happend later in the chain. So do it ~