[Boatanchors] Fraud Question

[Jim Wilhite]

To be sure the transaction falls under mail fraud, specify the 
seller mail via USPS if possible.  That way there is no question. 
  Check with your post office to see the size/weight limitations 
and use them when you can.  Not only are they more secure, but 
they are definitely more honest than others.  Another thing, use 
the mail to send your payment.  These modern electronic 
transactions do not tie it to the mail fraud statutes.

I have had interaction with the postal inspectors on two 
occasions and they are good and very dedicated to their job. 
Tony's advice is right on the mark.  The one thing you should do 
is keep accurate documentation.  For example, mail your check, 
Postal Money Order, or whatever via certified mail/return receipt 
requested.  Sure it costs a bit more, but it establishes a trail 
that can be followed.  Keep copies of the advertisement, all 
correspondence, payment and packing material (provided the box is 
damaged).

If the box is damaged or shows evidence of being dropped, it is 
apparent what the seller has done.    If the seller used a 
damaged box to send the merchandise, then you will have to deal 
with him personally or in the civil courts.  There will be no way 
to prove anything, but the postal inspectors will follow the 
trail of the person who provides the best information.  As Tony 
said, it establishes a trail that may not pay off immediately and 
you will be surprised how the seller responds when the postal 
inspectors visit them.  They have nothing to fear from PayPal.

73  Jim
W5JO

peter markavage wrote:
> I guess I don't understand how it constitutes mail fraud if the only
> interaction of the USPS is that you're sending a payment and/or the
> payment is a money order. As an example, you bought the item off a
> For-Swap listing on the web; seller says they will ship either UPS, USPS,
> or best way. The seller didn't solicit the buyer through the mail, i.e.
> through false advertising or bogus claims sent through the mail. So
> where's the Postal fraud? Postal people tell me money orders are like
> cash and have as much security. Some sellers like them because they feel
> the tax people can't get a bite of the sale.
> 
> Pete, wa2cwa
> 
> On Fri, 23 Sep 2005 19:58:51 -0400 "Richard A. (Tony) Stalls"
> <bc342n at earthlink.net> writes:
> ...Based on my experience, in general terms, if any part of the
> transaction 
> takes place via the U.S. Postal Service (USPS), then it falls under Title
> 
> 18 of the U.S. Code (federal criminal statutes) and USPS regulations, 
> particularly with regard to fraudulent activity.  To cite one example as
> I 
> recall it, if you buy something through the mail, the seller is obligated
> 
> to send the item within a certain period (as I recall, 30 days), or
> inform ....
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