Some of these staff members remind me of another board.
has someone been deleting your posts or closing your threads
rirwin1983 - scam continue
- Thread starter Smith P.
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has someone been deleting your posts or closing your threads
I'm certainly not defending this guy, so don't assume that. I'm making people aware that it's a big deal to those who've lost money and others who are disappointed that it took place through this site, but in the end, he may get nothing more than a slap on the wrist. Hell, if he agrees to pay restitution, he'd probably get NO jail time. Of course, people will get their money back (eventually) and that's mostly what is wanted.
So, shall I ask permission from you to post in various threads, you know, 'cause there might be "things I don't know" and stuff that's "over my head" ?? Give me a break....
The guy does not have that much of a criminal record, at least not in Franklin County. You can check his record out here Case Information Online
With that said, if the people who have been scammed had of known what he has been convicted of, they might have thought twice before sending this guy any money.
With that said, if the people who have been scammed had of known what he has been convicted of, they might have thought twice before sending this guy any money.
I can personally attest to anything commited with USPS will carry stiff penalties no matter the dollar amount.
I testified at a hearing over $50, but because the person involved used the USPS to SEND the goods, he was sentence to 5 years and a hefty fine. When the police report was filed, the victim was also asked to fill out a US Mail form that went to a local office of the postmaster general.
Sad, but the guys life was all but ruined over $50 in fraud and he did do about 2 years in prison and the rest on probation.
I testified at a hearing over $50, but because the person involved used the USPS to SEND the goods, he was sentence to 5 years and a hefty fine. When the police report was filed, the victim was also asked to fill out a US Mail form that went to a local office of the postmaster general.
Sad, but the guys life was all but ruined over $50 in fraud and he did do about 2 years in prison and the rest on probation.
If he serves jail time then does he not have to pay back what is owed? I've heard that if someone serves jail time for not paying someone back then they do not have to pay you back as a result because their jail sentece is how they paid for it. I don't know that much about law but am surprised at some of the things that people can get away with.
Looking at his (2) previous "theft" convictions, the only jail time he's served was likely while he was being held initially because he was given credit for some jail time. He got 3 years of "community control", otherwise known as probation. He was also ordered to pay restitution.
Serving jail time does not wipe out the requirement to pay restitution. Serving jail time will not help the people here in any way. They have rights too and will be compensated. Any jail time will be the punishment from the city/county. Remember, the court case will be "Irwin vs Franklin County", not "Irwin vs stuart628".
Serving jail time does not wipe out the requirement to pay restitution. Serving jail time will not help the people here in any way. They have rights too and will be compensated. Any jail time will be the punishment from the city/county. Remember, the court case will be "Irwin vs Franklin County", not "Irwin vs stuart628".
stargazer, i'm not sure. someone broke into my apartment many years ago and stole some stuff. despite, mailings from the state attorney, i was never notified when the guys court hearing was. i was also never asked whether i wanted restitution. i would have taken it. i bitched with the state attorney's office and got no where. thankfully, the state attorney only served one term!
the guy did do jail time although, he got out early.
the guy did do jail time although, he got out early.
I have seen cases over $50 that resulted in jail time and a much much HIGHER dollar amount being awarded for damages, not to mention the court costs and the fines. It would be especially likely in this case if what others have said is true about him having been arrested for this before. It sounds like he's a serial offender, which in many states equals higher fines and mandatory jail time.
Besides, this isn't just $200, it's $200 times X # of people that he scammed. Myself being one of them. I think he pulled this on at least 4 of us here, and who knows how many elsewhere.
Oh something else I failed to mention. If he's on probation currently, he has violated his probation, and will be subject to whatever jail terms were previously set. If he were sentenced to 1 year but given 3 years probation instead, they can immediately put him in jail for that previous sentence, PLUS add however many years for the new crimes.
I'll laugh my rear end off if that's the case.
I'll laugh my rear end off if that's the case.
What town puts people in jail over a $50 item ? Columbus OH sure won't (can't). He may be *sentenced* to jail, and yes, the fact that he's building a criminal record, doesn't help his case, but big-city jails are over-capacity and only keep the dangerous criminals in (and even then, they're lucky to do half their sentence).
Hall,
Your missing the point. The dollar amount isn't the issue here. It's the nature of how the crime was committed. When you scam someone out of money by way of the USPS, it's not a local matter. It's a federal matter. If he promised to sell a 622 and put a different receiver in the mail purposefully, then he has committed mail fraud. Here's the requirements for an action to be considered mail fraud:
Whoever
1)having devised, or intending to devise any scheme or artifice to defraud,
or
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan…
3) something of value or some item…and
4) places in any post office or authorized depository for mail matter
5) any item to be delivered by interstate carrier
shall be fined …or imprisoned for not more than 20 years, or both.
This doesn't sound like the case in the instance where he has not mailed anything, but in the two cases where it sounds like he sent different items than he promised, he could certainly be looking at mail fraud charges. If mail fraud charges are brought against him, it won't be the local PD doing the investigation, it'll be the DOJ.
If he has any previous record of mail fraud, he's going away plain and simple.
I may have missed it, but no one's mentioned contacting the postmaster general in their home cities or in Columbus. The local police may "miss" that aspect of this though and treat it as nothing more than a petty crime.
Its always best to fund transactions with a credit card when using paypal. When the seller doesn't deliver, call your credit card company and dispute the charges with them. Let Paypal get stuck with the bill and let them go after the seller.
Everytime I have had a dispute with paypal, I always get the same fricken email about there being no money to recover in the sellers account. But when I screw up and someone disputes a transaction with me, they always get their money
Not everyone in prison (or even in holding at a local jail) are murderers or rapists. LOTS of people that commit petty crimes are locked up. It depends on the prosecutor, the judge, the circumstances of the case, previous criminal history, job status, ability to repay debts, etc..
Yes, some places do give a slap on the wrist (most do) for the first offense or most minor offenses, but repeat offenders are treated quite differently. I have been directly involved in enough cases to tell you that I have seen MANY "petty" (what you call petty) offenses result in prison time.
One of my own family members was locked up as a minor, and as an adult many times, for "petty" offenses involving less than the amount of money we're talking about here. I know of a lady that was charged with embezzlement for $500, and she spent a year in prison, $2500 in fines, plus legal fees and restitution, plus 3 years probation upon her release. She had only a minor criminal record prior to that, many years earlier.
As I said, this scammer didn't just take $150 or $200 from ONE person, he took that amount from MULTIPLE people, which makes it that much harder to claim it was a "mistake". Some states consider $500 or $1000 grand theft, which is a felony. Others require the amount to be more though. Repeat offenses result in much stiffer penalty, in ALL states as far as I'm aware, and in some 3 strikes and you're OUT (3 felonies anyway, of ANY type equals Life in prison). It also depends on how many people are involved, and how pushy they are about forcing the point.
And if all prisons would take the example of Sheriff Joe Arpaio out here in AZ, there'd be plenty of extra room for criminals in our prisons. He built tent cities for his inmates! Just do a quick search and you'll find plenty of info. lol
Yes, some places do give a slap on the wrist (most do) for the first offense or most minor offenses, but repeat offenders are treated quite differently. I have been directly involved in enough cases to tell you that I have seen MANY "petty" (what you call petty) offenses result in prison time.
One of my own family members was locked up as a minor, and as an adult many times, for "petty" offenses involving less than the amount of money we're talking about here. I know of a lady that was charged with embezzlement for $500, and she spent a year in prison, $2500 in fines, plus legal fees and restitution, plus 3 years probation upon her release. She had only a minor criminal record prior to that, many years earlier.
As I said, this scammer didn't just take $150 or $200 from ONE person, he took that amount from MULTIPLE people, which makes it that much harder to claim it was a "mistake". Some states consider $500 or $1000 grand theft, which is a felony. Others require the amount to be more though. Repeat offenses result in much stiffer penalty, in ALL states as far as I'm aware, and in some 3 strikes and you're OUT (3 felonies anyway, of ANY type equals Life in prison). It also depends on how many people are involved, and how pushy they are about forcing the point.
And if all prisons would take the example of Sheriff Joe Arpaio out here in AZ, there'd be plenty of extra room for criminals in our prisons. He built tent cities for his inmates! Just do a quick search and you'll find plenty of info. lol
Couldn't certain law enforcement be held accountable if they do not do anything about a repeat offender if they have been told about the situation and done nothing about it or let him go without a punishment that fits the crime for a repeat offender?
There in Arizona don't it stay warm there year round? In most states it doesn't so they can only do that in certain areas. I think having the prisoners live in tents is a great idea on how to save money and have more space for prisoners. That would be a cheap way to keep prisoners I'd think, and if it was out in the middle of nowhere they could be found and captured easily if they escape.
There in Arizona don't it stay warm there year round? In most states it doesn't so they can only do that in certain areas. I think having the prisoners live in tents is a great idea on how to save money and have more space for prisoners. That would be a cheap way to keep prisoners I'd think, and if it was out in the middle of nowhere they could be found and captured easily if they escape.
Multiple misdemeanors don't make a felony. At most he'll be charged with multiple misdemeanors at the state level. Federal level may be different, but the Franklin County district attorney's office won't do any of that (out of it's jurisdiction).
As for restitution, more than likely, at this low level, the courts won't bother with dealing with it. You'll have to go to small claims court to get it back.
What happens will all depend on how hard ass the DA and Judge are in that particular county. It may be a slap on the wrist, it may have some jail time. My guess is that it'll all wind up as a negotiated plea ending with probation and promises of restitution (typically what happens in cases like this). I doubt the county court will want to waste too much time and money on multiple petty thefts. And anyone who wants to press charges on this will have to be in court personally to testify. Unfortunately, with missing work and travel costs, that alone will put you out more money than you lost, but it is his constitutional right to question any accuser in person.
Reasons like this are why I do like Claude does, and fund any and all paypal transactions with a credit card. So far I've been lucky and only have to challenge 1 transaction. The credit card bank quickly reversed the charge back to paypay, and they had to deal with getting the money back themselves.
btw, Scott, you'll want to keep backups of any PM's or postings related to this matter. If his lawyer or public defender has any brains, they'll supeana any communications from here.
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