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  1. #41  
    Quote Originally Posted by cgooge
    Mdavis....So if you took a computer to Best Buy and they never give it back or claim they do not have it...who would you prosecute and for what? ...

    . .
    I suppose Best Buy if it were corporate policy or perhaps their faithless servant if it were notl, and for theft...but why do you ask? I don't follow the point of your question.
  2. #42  
    Quote Originally Posted by cgooge
    ....So if you took a computer to Best Buy and they never give it back or claim they do not have it...who would you prosecute and for what?
    One will (or should) receive a receipt when submitting an item for servicing. Once the service is done, an invoice and a release form needs to be signed. Both are binding contracts that will hold in court. This is the usual procedure when submitting the item for service in person. It becomes more difficult when you have to ship your item for service, esp to a non-authorize centre. What Nshahzad should have done was request a signed written service agreement and take digital pictures of his unit showing the serial number (and if possible, him holding the unit). This way, Nshahzad has a stronger case.
  3. #43  
    Mdavis...I was trying to understand what criminal law you said existed to prosecute under. Maybe I looked at your post wrong
  4. #44  
    Quote Originally Posted by mdavis
    ... It is usually called theft by fraud or some variation of that. .... .
    The reason I didn't understand you is because, if that was your question, I posted this last week some time.
  5. #45  
    As I said earlier there are laws in all states prohibiting this and related conduct but since you thought it wasn't a crime in South Caroline, I think the following sections of the South Carolina Code would all be applicable to various degrees:

    16-13-230. Breach of trust with fraudulent intent.
    "(A) A person committing a breach of trust with a fraudulent intention ... is guilty of larceny."

    Or how about this one:

    16-13-240. Obtaining signature or property by false pretenses.

    " A person who by false pretense or representation ... obtains from another person any ... property, ..., with intent to cheat and defraud a person of that property is guilty of a: ...(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. ..."


    Or here's a nice one:

    16-13-320. Swindling.

    "Whoever shall ... (c) overreach, cheat or defraud by any other cunning, swindling arts and devices, so that the ignorant and unwary, who are deluded thereby, lose their ...property, shall, ... be guilty of a misdemeanor and ...shall refund to the party aggrieved double the sum he was ...defrauded"

    Or this:

    16-13-400. Avoiding or attempting to avoid payment of telecommunications services.

    "Any person who knowingly avoids or attempts to avoid, ...charges or payments, ... for any telecommunications service ...over telephone or telegraph facilities:

    (1) By charging such service to an existing telephone number ...without the authority of the subscriber ... (4) By rearranging, tampering with, or making connection with any facilities or equipment of a telephone company, whether physically, inductively, acoustically, or otherwise; or (5) By the use of any other fraudulent means, method, trick or device; is guilty of a misdemeanor ...."


    There's so much crap like this that people can be charged with. That's why they always say there's only two things you don't want to see being made, laws and sausages.

    In my experience if a prosecutor wants to prosecute, there are always enough laws to satisfy him, if not to make him happy (they're never happy,that's why they are prosecutors). Somebody (people say it was Wachtel--an interesting case of a judge who ended up in prison) once said that even a bad DA can get a ham sandwich indicted.

    I have no doubt that Utah has the same laws. But nobody will prosecute unless the victim will show up and testify.
  6. #46  
    Only one I could see applying is the Obtaining Goods Under False Pretenses.....If he were to come to me with what he had I would refer him to small claims court. Too much of a stretch...although any prosecutor could give it a go if he felt inclined.
  7. #47  
    Honestly, I don't even think charges were filed... And even if you did try, the police will tell you to stop wasting their time, you sent him the phone, IF he was supposed to return it and didn't... You have to file a small claims case and go to court ! YOU HAVE TO GO.
    And you want us to believe you hired a lawyer for this ? In the end that would cost way more than the phone and not to mention the time you'd have to take to go to his state.
  8. dpuza's Avatar
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    #48  
    Quote Originally Posted by cgooge
    Mdavis....So if you took a computer to Best Buy and they never give it back or claim they do not have it...who would you prosecute and for what?

    Of course interpretation is always a factor...Also in play is the intent of the "suspect". If he claims to be still fixing it once he is found criminal is out....civil is the only way to go. I don't think we have enough to judge one way or another.
    <sarcasm>

    You mean you just *handed over* your *$2000 computer* to the quote "thief"? What kind of ***** are you? I say it's their god given right not to return the equipment to someone so stupid! Personally, I would never trust anybody with anything! In fact this story is so blatantly stupid, that it's obvious you're making up the whole story based on the voices in your head! Would you like my address so you can send me $50, dumb***?

    </sarcasm>

    Honestly, I had no idea that so many TC members could be complete ***holes that would kick somebody when they're down. What a thread!
  9. #49  
    Is that really all the email conversation you had before sending your expensive phone to him? If all I got back from him after your first email was a flat response with nothing but his address, no small talk, etc., I'd be a little leary about sending the Treo..



    Quote Originally Posted by nshahzad
    Here is the sting of email exchange between me and Justin (for the unbelivers). If anyone knows Justin, please contact him.

    rom: Justin Truong [mailto:justintruong@gmail.com]
    Sent: Sunday, December 12, 2004 11:44 AM
    To: nshahzad@verizon.net
    Subject: Re: Sprint Treo650 to Verizon

    801-633-2565


    On Fri, 10 Dec 2004 12:14:52 -0500, Nshahzad <nshahzad@verizon.net> wrote:
    > Hi Justin: Thanks. I will try to send the unit today. Please let me
    have
    > your phone or cell number.
    >
    > nadeem
    >
    >
    >
    > -----Original Message-----
    > From: Justin Truong [mailto:justintruong@gmail.com]
    > Sent: Friday, December 10, 2004 11:46 AM
    > To: NadeemShahzad@verizon.net
    > Subject: Re: Sprint Treo650 to Verizon
    >
    > Justin Truong
    > 5066 W. Black Granite Wy
    > West Valley City, UT 84120
    >
    > On Fri, 10 Dec 2004 08:38:44 -0500, Nadeem Shahzad
    > <NadeemShahzad@verizon.net> wrote:
    > >
    > >
    > >
    > > Hi Justin: thanks for your help. Please email me your address. I
    > > will send my trea650 and a check for $50.00. Appreciate your willingness.
    > >
    > >
    > >
    > > Regards, Nadeem
  10. TxDot's Avatar
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    #50  
    Quote Originally Posted by dpuza
    Honestly, I had no idea that so many TC members could be complete ***holes that would kick somebody when they're down. What a thread!
    I agree dpuza. To me a more appropriate response would be; "bummer dude. don't know the guy you sent your phone to. can't help you. good luck." But to jump all over the original poster and in such a rude way is beyond me. I could even understand some of the responses IF the accused had responded with a "did not" but they haven't.

    C'mon guys, give'em a break.
  11. #51  
    I bet some people could care less who accuses them of what online... If it's not true, then why even entertain the accusation.
  12. #52  
    But it's different here. We're all members. The secret hand shake. The oath.
  13. #53  
    This isn't Boy Scouts, LoL It's a message board.
  14. #54  
    Puza, Tx, get it straight -- I think the consensus is, yeah it sucks, but this guy did a stupid thing. Would you give someone here mercy if they came on with a sob story about how "wah I left the keys in my running car in Harlem and someone stole it wahhhhh"
  15. dpuza's Avatar
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    #55  
    Quote Originally Posted by Joebar99
    Puza, Tx, get it straight -- I think the consensus is, yeah it sucks, but this guy did a stupid thing. Would you give someone here mercy if they came on with a sob story about how "wah I left the keys in my running car in Harlem and someone stole it wahhhhh"
    Joebar, I'm not trying to defend the original poster, since I don't believe we have been given enough details by either side to jump to any conclusions. I just think the reactions here have been pretty harsh.

    On a side note: in light of the opinions expressed in this thread, I find it interesting that, as far as I know, a few people here helped (sent $$$ to) a TC member that *claimed* to be working on a Treo WiFi driver... (thank goodness Shadowmite is an honest skilled hacker and not a con man)

    nshahzad, has there been any progress in this case? Have you been able to contact Justin? Justin, would you care to share your side of the story? nshahzad, what's Justin's TC handle? How did this deal originate? Did you or Justin make a post, and then the other replied via PM? Or is there a thread where you guys go back and forth for a bit? If so can we have a link? Are there any more details you can provide? ANY more documentation you can provide? Anything at all?

    It's a pretty extreme measure to post someone's personal information to the entire world. If you're going to do that you may as well take the time to explain in painful detail exactly what went down. In any case I suppose all of this is none of our business, but you did decide to make this a public matter by making the post. In the end I suppose it doesn't matter what some TC members think. I just hope everything works itself out for you. Good luck with your investigation; I hope you work things out with Justin and get your Treo back.
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