Non-delivery Fraud Explained by a NY Auction Scam Lawyer
What is Non-Delivery?
When a seller puts up an auction on eBay or another online auction sight, he enters into a binding agreement to sell the item to the highest bidder who meets the auction terms. If a seller subsequently accepts payment for an auction and does not send the item, this is a form of auction fraud known as non-delivery of goods.
Many people are unaware that it could be a federal crime to fail to deliver an item someone has purchased from you at an eBay auction. If you are facing criminal charges, it is imperative you know your rights and develop a strategic defense to the charges you are facing. A NY auction fraud defense lawyer at Bukh Law Firm, PLLC can provide you with legal representation to fight the charges against you so give us a call as soon as you are under investigation or have been indicted for a state or federal offense.
How Does Non-Delivery of Goods Work?
Non-delivery of goods or failure to ship merchandise is the simplest type of auction fraud. A seller lists an item, the item is purchased, the seller collects the funds, and the seller does not send the item.
Sometimes, this type of fraud is done as part of a larger phishing scam in which a shill auction is set up solely for the purposes of obtaining credit card information or other details from a buyer. In other cases, however, the goal is simply to take buyer funds without properly following through on the transaction.
In most situations, a buyer will simply make a claim with Paypal or eBay and the money will be taken from the seller’s account and returned to the buyer. However, things become more complicated if other payment methods were used, if the seller is an international seller and Paypal protections do not apply, or if a seller was involved in a large-scale fraud scam to defraud many buyers of their funds.
Whether you have been charged with involvement in a larger scam or have been accused of a single instance of failure to deliver merchandise, the criminal charges you face could have a profound impact on your future. Let an auction fraud lawyer help you to explore ways to defend against the accusations being made.
Penalties for Non-Delivery of Merchandise
Penalties for non-delivery of auction items usually come in the form of being forced to return the money. You could have an eBay account closed, Paypal could take back the funds or freeze your account, or you could face a civil lawsuit.
In some cases, however, things escalate to the next level. A federal prosecutor could charge you for mail or wire fraud, for example, or a state prosecutor could charge you for fraud or a theft offense . Wire fraud is a broad charge you could be faced with any time you make misleading communications using wire communications. This offense under (18 U.S. Code Section 1343)could result in a maximum penalty of 20 years in prison as well as a fine.
It is not always clear what prompts a prosecutor to decide to press charges in a specific case of non-delivery, but if you fear you may be indicted or if you have already been charged, you need to take action to protect yourself.
A NY Auction Fraud Lawyer Can Help Fight Fraud Charges for Non-Delivery
A NY auction fraud lawyer can provide you with legal assistance if you have been accused of failure to ship merchandise. Contact Bukh Law Firm, PLLC for help with accusations of non delivery of goods or other accusations of auction fraud.
