QLD Gumtree & Facebook marketplace scam issue

[Clancy]

Ok. By the looks of it the buyer the person i got it off may have made a fake money transfer receipt and sent it to the original seller.

Ive tried contacting the person i got it off. But he has deleted the facebook account and the number is disconnected. I dont want to lose the computer. I have $1200 invested in it

Why would you lose the computer? The fake money transfer is not your problem.

If you want to help the ripped off person, you might send them a copy of your payment transaction... So if police wanted to investigate they can follow the money. No matter how smart a criminal is, it's always possible to follow the money (except cash payments of course).

 

[Gotboost]

I have spoken to police and I have to hand the computer over due to being sold tainted goods which were gained by fraud in the first place.

 

[Clancy]

have spoken to police and i have to hand the computer over due to being sold tainted goods which were gained by fraud in the first place

I have my doubts about that? So far the fraud is an allegation, nothing more. I would be saying to police "get a court order first and i will hand it over". (But not before checking I was entitled to do that)

 

[Rod]

I'd not be handing over the computer if I paid a fair price for it. You also had no knowledge it was stolen at the time of purchase (eg didn't fall off the back of a truck). Makes you a bona fide purchaser.

I'd be doing what I planned with it (fix, swap parts, and resell) until a court order said otherwise.

Make sure you keep your receipt of your purchase and provide details of who you paid the money to.

 

[Gotboost]

To late now. Police ordered me to hand it over or face stolen/tainted good charge. Even though I didn't know that when purchasing it. Bloody assholes

 

[Rod]

Suspect they were bluffing, but probably best not to get on their wrong side. It is not unknown for police to abuse their powers.

 

[Clancy]

Suspect they were bluffing, but probably best not to get on their wrong side. It is not unknown for police to abuse their powers.

Yes! Many people go through life assuming they have rights, it's almost cute, until one day they have their eyes opened and discover a thing called 'reality'! Yep, hand in the computer and kiss goodbye to your hard earned money, police have spoken.

 

[Bill Murray]

It's actually quite complicated.

Before you can even look at the issue of receiving tainted property you need to determine IF it is tainted property.

To do that Police need to investigate the original transaction and determine whether the person intended to pay. If they intended to pay but then realised they had no money so did a fake transfer you might not be able to prove that the person had the intent to deprive the original owner at the point of sale. Given it's a fake receipt they can probably run with intent to defraud.

The Police can seize the laptop very easily as evidence in the above fraud. If ownership is then disputed a court hearing can be conducted and a magistrate can decide who gets to keep it. It's rare for them not to return it to the original owner.

Now if I were you I'd push very strongly for the Police to charge them with Fraud for selling you the laptop. If they can prove fraud on the first transaction (original seller -> your seller) then the facts of that would support a second Fraud charge from Him -> You. They can then seek restitution for you, but don't expect your money back quickly.

What made you check Gumtree for an identical system?

 

[Clancy]

It's actually quite complicated.

Before you can even look at the issue of receiving tainted property you need to determine IF it is tainted property.

To do that Police need to investigate the original transaction and determine whether the person intended to pay. If they intended to pay but then realised they had no money so did a fake transfer you might not be able to prove that the person had the intend to deprive the original owner at the point of sale. Given it's a fake receipt they can probably run with intent to defraud.

The Police can seize the laptop very easily as evidence in the above fraud. If ownership is then disputed a court hearing can be conducted and a magistrate can decide who gets to keep it. It's rare for them not to return it to the original owner.

Now if I were you I'd push very strongly for the Police to charge them with Fraud for selling you the laptop. If they can prove fraud on the first transaction (original seller -> your seller) then the facts of that would support a second Fraud charge from Him -> You. They can then seek restitution for you, but don't expect your money back quickly.

What made you check Gumtree for an identical system?

That's some interesting information! I am sure the OP will appreciate it.

 

[Rod]

It's rare for them not to return it to the original owner.

Which is not the way common law is supposed to work if the 3rd party is also innocent and paid a fair price. I accept the lower courts sometimes take the 'easy way'.