Quote:
Originally Posted by Exhibitman
The civil laws on this vary by state. First you have to define the nature of the theft. You weren't held up at gunpoint for the cards, you were tricked out of them. In your case it was a criminal fraud--you parted with the items willingly but under false pretenses. There may also be a wire fraud and a mail fraud involved. Whether you can recover the cards is entirely dependent on which state the purchaser is in. I had a case like this a few years ago. In CA, a seller who parts with an item under false pretenses retains title to the item and the person who received the item cannot transfer good title to an innocent purchaser. You could sue the innocent person and get your goods back. In TX at the time, the law allowed a recipient of goods taken under false pretenses to transfer good title to an innocent purchaser.
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The officer said he wasn't sure if it was fraud or theft so he just filed grand theft. The lady, luckily enough, was honest and when alerted to the situation sent me the cards back.