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i got scammed for $4800...

about 5-6 years ago back when Yahoo had auctions. i bought 10 ozs of gold, and paid with a cashiers check. turned out he was scamming lots of people.. he'd fulfill small orders so his feedback looked good, but ripped off people like me that placed larger orders. it made the paper i believe, and he was arrested if i remember right.. there was an "Awad ripped me off" website even (Awad was his last name).

nothing came of it, i never got my money back... it was just a big "lesson learned" in the long run.

for some reason it popped in my head tonight. i know it's gone, i screwed up, and i've moved on. but do ya think there's *anything* i could do at this point?

here's the website .. i sent an email to one of those addresses once but nobody replied... and back then i did talk to police in his state, etc.. but nothing happened

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    lordmarcovanlordmarcovan Posts: 45,020 ✭✭✭✭✭
    Did he do any jail time? You said he was arrested, right?

    I still grind my teeth when I think of one particular $170 ripoff I fell victim to in 1993 or so, so I don't blame you for still lamenting $4,800.

    Collector since 1976. On the CU forums here since 2001.

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    If it requires you to pay any $ before you get you refund, don't do it. Geesuz, I cant imagine what that 10 oz's of gold would be worth now. Yahoo didn't help you any?
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    llafoellafoe Posts: 7,220 ✭✭
    I really like your "real" name: Freddy Krugerrand! image
    WANTED: Cincinnati Reds TEAM Cards
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    LanceNewmanOCCLanceNewmanOCC Posts: 19,999 ✭✭✭✭✭
    .
    .
    seems like you would have had to hire a lawyer in civil/criminal court to seek restitution and of course have all the documents proving the fraud occurred and for how much.

    i don't know about the statute of limitations as I am no lawyer but I know the lawyer I've used for consults only charges $30-$100 for 1 hours worth of advice/guidance.

    $4800 vs $100-$300 depending on whom you consult with.
    .
    .
    Seeing how the fraud occurred across state lines it makes it a much more serious matter.

    It also seems wise to have try and contact other users with claims against the accused.
    .
    .

    <--- look what's behind the mask! - cool link 1/NO ~ 2/NNP ~ 3/NNC ~ 4/CF ~ 5/PG ~ 6/Cert ~ 7/NGC 7a/NGC pop~ 8/NGCF ~ 9/HA archives ~ 10/PM ~ 11/NM ~ 12/ANACS cert ~ 13/ANACS pop - report fakes 1/ACEF ~ report fakes/thefts 1/NCIS - Numi-Classes SS ~ Bass ~ Transcribed Docs NNP - clashed coins - error training - V V mm styles -

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    lordmarcovanlordmarcovan Posts: 45,020 ✭✭✭✭✭


    << <i>I really like your "real" name: Freddy Krugerrand! >>



    Say, that is pretty catchy. image

    Brings up some interesting Photoshop ideas, too.

    Collector since 1976. On the CU forums here since 2001.

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    Thanks for sharing, need to be reminded of potential scams all the time so that I don't let my guard down.
    Still thinking of what to put in my signature...
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    tydyetydye Posts: 3,894 ✭✭✭
    Probably not the best move but I would be wanting to pay the guy a visit with another heavy metal
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    fastfreddiefastfreddie Posts: 2,950 ✭✭✭✭✭
    Any fresh leads on this guy? I'm in Detroit area and could try and do some research for you. He's probably changed names and/or is in prison.
    It is not that life is short, but that you are dead for so very long.
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    FrankcoinsFrankcoins Posts: 4,572 ✭✭✭
    If it makes you feel any better, he went to prison for 27 months.

    Detroit Man Gets Time for Internet Fraud Scheme
    December 15, 2008

    Michael Awad, a former resident of Detroit, was sentenced today to 27 months in prison after having pleaded guilty to mail fraud in a scheme to defraud buyers of precious metals and coins via the Internet, Acting United States Attorney Terrence Berg announced today.

    Mr. Berg was joined in the announcement by Special Agent in Charge Andrew Arena, Federal Bureau of Investigation and Postal Inspector in Charge Joseph Parone, U.S. Postal Inspection Service.

    Awad, age 50, was sentenced by United States District Judge Lawrence Zatkoff in Port Huron, Michigan.

    Information presented to the court at the time of the plea hearing showed that from 2005 until 2007, Awad—while using his sister’s name—defrauded buyers of precious metals and coins who wished to buy such items from him over the Internet. The buyers were bidders at Internet sales of gold coins, platinum bars, platinum coins, and similar items conducted on the Yahoo Auctions website or via e-mail. Although Awad (posing as his sister) required prepayment from the buyers for the items, he refused to ship the purchases, falsely claiming that: (a) the traffic congestion and logistical difficulties caused by the Super Bowl in Detroit, (b) various family emergencies, including the alleged death of relatives, (c) the need to obtain the precious metals from a family storage vault located in Ann Arbor, (d) assorted work related conflicts, and (e) personal sickness, and other false representations and half-truths. Ultimately, Awad defrauded more than 10 victims of around $150,000.

    Acting United States Attorney Berg said, “Internet is largely unregulated, but can be easily exploited based upon the trust buyer places in the seller who is really unknown. When an unscrupulous Internet merchant takes criminal advantage of that trust, this office has the tools and expertise to step in and ensure that prosecution takes place. Today's sentence signals my office's commitment to go after those criminals who would exploit the trust of innocent buyers on the Internet."

    The case was investigated by the Federal Bureau of Investigation and the United States Postal Inspection Service.

    Frank Provasek - PCGS Authorized Dealer, Life Member ANA, Member TNA. www.frankcoins.com
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    BAJJERFANBAJJERFAN Posts: 31,621 ✭✭✭✭✭
    Funny that all of those events didn't impede his ability to cash checks, LOL.

    I think at this point that you are probably wasting time and money trying to collect anything.
    theknowitalltroll;
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    CoinosaurusCoinosaurus Posts: 9,652 ✭✭✭✭✭
    Rsstitution wasn't mentioned in the court order.

    Probably you would have to file a civil suit against him when he gets out of jail.

    You would win the judgement, and then have to collect.

    Read up on Fred Goldman. He has dedicated his life to collecting from OJ, and has had some success. But I get the idea he is working on it 24x7.

    Unless this guy wins the lottery AND has an intense desire to right his wrongs you are probably out of luck.

    I would move on.
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    CaptHenwayCaptHenway Posts: 33,846 ✭✭✭✭✭
    Don't throw good money after bad.
    Numismatist. 54 year member ANA. Former ANA Senior Authenticator. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and ANA Lifetime Achievement Award 2020. Also won the PNG's Robert Friedberg Award for "The Enigmatic Lincoln Cents of 1922," Available now from Whitman or Amazon.
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    Small claims court.
    Simple, easy, get a judgement and then in a couple of years you can check to see if he has a car or any property and have sheriff seize it.

    or you could just feel jail time was punishment enough and move on................
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    << <i>about 5-6 years ago back when Yahoo had auctions. i bought 10 ozs of gold, and paid with a cashiers check. turned out he was scamming lots of people.. he'd fulfill small orders so his feedback looked good, but ripped off people like me that placed larger orders. it made the paper i believe, and he was arrested if i remember right.. there was an "Awad ripped me off" website even (Awad was his last name).

    nothing came of it, i never got my money back... it was just a big "lesson learned" in the long run.

    for some reason it popped in my head tonight. i know it's gone, i screwed up, and i've moved on. but do ya think there's *anything* i could do at this point?

    here's the website .. i sent an email to one of those addresses once but nobody replied... and back then i did talk to police in his state, etc.. but nothing happened >>



    You can sue him in federal court. Depending upon what his assets are, which are probably zilch at this point, you may be able to force a lien . Speak to an attorney to see what you can do without paying for legal representation.
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    BAJJERFANBAJJERFAN Posts: 31,621 ✭✭✭✭✭


    << <i>Small claims court.
    Simple, easy, get a judgement and then in a couple of years you can check to see if he has a car or any property and have sheriff seize it.

    or you could just feel jail time was punishment enough and move on................ >>



    Isn't $4800 too much for small claims? Unless you can win a judgement and get it enforced by seizing assets you are probably SOL.

    Oops!!! Guess it depends on where you live.
    theknowitalltroll;
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    CoinosaurusCoinosaurus Posts: 9,652 ✭✭✭✭✭
    Don't forget the guy is in for 150K. So you are lining up w/everyone else that gets a judgement.......anything you get out of the guy is going to be divided up........
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    BarryBarry Posts: 10,100 ✭✭✭


    << <i>Isn't $4800 too much for small claims? Unless you can win a judgement and get it enforced by seizing assets you are probably SOL.

    Oops!!! Guess it depends on where you live. >>


    Besides varying limits from state to state, some small claims courts will only hear cases where both parties reside in that county. If it's out of state, that introduces more complications, such as whether you can export a judgment to that particular state, etc.

    Bottom line, if someone rips you off, you're pretty much SOL, even if you get a judgment. There are too many holes in the system.
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    TwoSides2aCoinTwoSides2aCoin Posts: 45,012 ✭✭✭✭✭
    Death is imminent. He might even be able to afford 72 virgins.
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    mrearlygoldmrearlygold Posts: 17,858 ✭✭✭
    Perhaps the police there are as "busy" doing heroic thinks as they are in South Fla?
    From todays paper:
    When she retired in 2002, Kindle did so with a $150,000 taxpayer-supported pension. Yearly increases have pumped up her pension to more than $182,000.
    "I earned my money," said Kindle, 63, who says the city helped create her pension by perennially understaffing the call center. "I worked hard."
    By the time she reaches her mid-70s, the city's pension fund will have paid her $4,074,000 in her golden years.
    Scores of South Florida city employees, particularly police and firefighters, have recently retired in their mid to late 40s or early 50s with six-figure pensions, the result of generous pay and benefits packages that are now costing taxpayers tens of millions of dollars a year.

    Sun-Sentinel

    Brings up an oldie but a goodlie Bob Dylan song, "the cops don't need you and man they expect the same"

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    pennyanniepennyannie Posts: 3,929 ✭✭✭
    A judgement would just be another waste of funds, move on.
    Mark
    NGC registry V-Nickel proof #6!!!!
    working on proof shield nickels # 8 with a bullet!!!!

    RIP "BEAR"
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    You certainly learned a valuable lesson that time didn't you?
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    << <i>Rsstitution wasn't mentioned in the court order.

    Probably you would have to file a civil suit against him when he gets out of jail.

    You would win the judgement, and then have to collect.

    Read up on Fred Goldman. He has dedicated his life to collecting from OJ, and has had some success. But I get the idea he is working on it 24x7.

    Unless this guy wins the lottery AND has an intense desire to right his wrongs you are probably out of luck.

    I would move on. >>



    If you want a judgment, you should sue him now and enforce your judgment later or else you will face a problem with the statute of limitations. In fact, it looks like you may have already missed it depending on the jurisdiction whose law applies in the instant case. I would recommend that you consult an attorney, but I think your chances of recovery in a civil suit are virtually nonexistent at this point.
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    << <i>

    << <i>Small claims court.
    Simple, easy, get a judgement and then in a couple of years you can check to see if he has a car or any property and have sheriff seize it.

    or you could just feel jail time was punishment enough and move on................ >>



    Isn't $4800 too much for small claims? Unless you can win a judgement and get it enforced by seizing assets you are probably SOL.

    Oops!!! Guess it depends on where you live. >>



    Your website contains inaccurate information. Virginia and many of the other states don't have small claims courts but have district courts where the rules of evidence, etc. are different (a complete discussion is beyond the scope of this thread.). Long story short, I know that the jurisdiction in Virginia courts is much higher now. You could theoretically file a $25,000 warrant in debt in a Virginia General District Court (sort of analogous to a small claims court) for instance. Your website only lists it at $5,000.
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    CoinCoinsCoinCoins Posts: 698 ✭✭✭
    see, i went back to forgetting about it. :-/

    seems like i *might* be able to do something..? he's out of jail now... do ya think i should talk to a lawyer?

    i dunno... thanks for the advice everyone image
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    BAJJERFANBAJJERFAN Posts: 31,621 ✭✭✭✭✭


    << <i>Don't forget the guy is in for 150K. So you are lining up w/everyone else that gets a judgement.......anything you get out of the guy is going to be divided up........ >>



    You would only be going after your loss and not everyone else's. If other parties don't go after him they get nothing from your efforts.
    theknowitalltroll;
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    ldhairldhair Posts: 7,440 ✭✭✭✭✭
    It won't hurt to check the guy out. Most people don't understand how the courts work so they just move on. If the guy looks to have money, get a judgment while you can. At that point you can hand it to an agent to collect. Most charge 50% of what they collect. If the guy has a job you can file a garnishment of wages. In my state all this would cost about $200-$300 in filing fees but it eats up lots of time. Just options to think over.
    Larry

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    CaptHenwayCaptHenway Posts: 33,846 ✭✭✭✭✭
    Another reason why B&M shops are usually better than internet strangers.
    Numismatist. 54 year member ANA. Former ANA Senior Authenticator. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and ANA Lifetime Achievement Award 2020. Also won the PNG's Robert Friedberg Award for "The Enigmatic Lincoln Cents of 1922," Available now from Whitman or Amazon.
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    DeepCoinDeepCoin Posts: 2,781 ✭✭✭
    Perhaps one of the many lawyers here could make a generic comment. It the length of time an issue? I have no idea, and is this governed by state or federal statues? No clue here
    Retired United States Mint guy, now working on an Everyman Type Set.
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    bestdaybestday Posts: 4,271 ✭✭✭✭


    << <i>Death is imminent. He might even be able to afford 72 virgins. >>



    ala.........................
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    << <i>Perhaps one of the many lawyers here could make a generic comment. It the length of time an issue? I have no idea, and is this governed by state or federal statues? No clue here >>



    The length of time certainly could be an issue. Do you and the scammer live in the same state/jurisdiction? If so, where? There is an excellent chance that you may be out of luck. Even if you are able to obtain a judgment, this is only half of the battle. I doubt he has any assets that you could seize in a creditor suit.
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    << <i>

    << <i>Don't forget the guy is in for 150K. So you are lining up w/everyone else that gets a judgement.......anything you get out of the guy is going to be divided up........ >>



    You would only be going after your loss and not everyone else's. If other parties don't go after him they get nothing from your efforts. >>



    Unless he does have assets and they obtain a judgment and lien against his assets before you. In this instance, their lien would have priority (usually) over a later obtained lien.
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    Your best bet is probably to see if you can put in a claim with a victim's restitution fund if there is such a thing.
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    MikeInFLMikeInFL Posts: 10,192 ✭✭✭✭
    Nice icon, Parkie.... I own that coin. image
    Collector of Large Cents, US Type, and modern pocket change.
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    MikeInFLMikeInFL Posts: 10,192 ✭✭✭✭
    p.s. to the OP, sorry to hear your story, but happy to hear the offender did time for their transgressions.
    Collector of Large Cents, US Type, and modern pocket change.
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    57loaded57loaded Posts: 4,967 ✭✭✭


    << <i>see, i went back to forgetting about it. :-/

    seems like i *might* be able to do something..? he's out of jail now... do ya think i should talk to a lawyer?

    i dunno... thanks for the advice everyone image >>



    i dunno if there's a statute that's expired, but talk with a lawyer to get your options if any.
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    Statute of limitations for debt based on oral or written contract in Michigan is 6 years, so if it's not run out already your civil remedy is close to expiring.
    You could sue him in Michigan, chances are he'd default and you'd win a judgment.
    But the cost of the suit plus the cost of collection probably is greater than any recovery.
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    kiyotekiyote Posts: 5,612 ✭✭✭✭✭
    I had something like that happen to me.. over 3 silver eagles. (In 2002 money) I must have been a small fish but I got my coins. It took about a year. The weird thing was, the guy was constantly in touch with me.
    "I'll split the atom! I am the fifth dimension! I am the eighth wonder of the world!" -Gef the talking mongoose.

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