• When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.

Stolen Incredible Hulk #181 CGC 8.5 - New Bedford, MA
4 4

84 posts in this topic

18 minutes ago, RCheli said:

Attempted fraud is still a crime. Even if he eventually doesn't get away with it, it's still against the law.

As the always correct Wikipedia says: "The crime of attempt has two elements, intent and some conduct toward completion of the crime."

Of course its still a crime, and if he gets convicted or pleas out he'll get his sentence.  But the book's fate is a matter of restitution to the victims.  How that gets sorted out comes down to:

- Homeboy attempted to defraud Wake out of the book and the money he was owed for that book.  Awake has the money he was owed for the book.  It can be argued that he's whole.
- Homeboy defrauded eBay out of the money with his return scam.  eBay is presently -$4600.
- Homeboy currently has the book and the money.  Homeboy is presently +$4600 in illicit funds, and the book he attempted to steal.

Any halfway decent defense attorney is going to argue that, per the original transaction, Homeboy is entitled to the book if he makes full restitution to eBay since that would make both Awake and eBay whole per the transaction terms.   Whether that argument will actually fly is dependent on a number of factors (judge, statutes, etc.).    

Link to comment
Share on other sites

On 11/26/2019 at 10:19 AM, rsouxlja7 said:

Something I'm always curious about when this happens - does your eBay history matter at all? For example, if you have a high seller rating with 100s of items sold with no problem does eBay weigh that fact when determining the outcome of a case like this? Sorry this happened to you. 

I feel it should matter, but in my experience they don't really take it into consideration. 20 years of perfect feedback as a buyer and seller didn't make any difference; I still had to go out of my way to convince them that I was being scammed. And the perpetrator had multiple negatives, too...  :screwy:

Link to comment
Share on other sites

So am I not allowed to contact his friends and family and ask if Ryan Smith is the same guy that stole the Hulk 181? 

But Buzz, his friends list is turned off for public viewing.

I know, I know Timmy... 

However he has posted pictures and those friends that he has and the family he converses with remark and like those pictures. 

 

Edited by Buzzetta
Link to comment
Share on other sites

7 minutes ago, Buzzetta said:

So am I not allowed to contact his friends and family and ask if Ryan Smith is the same guy that stole the Hulk 181? 

But Buzz, his friends list is turned off for public viewing.

I know, I know Timmy... 

However he has posted pictures and those friends that he has and the family he converses with remark and like those pictures. 

 

Yep.I have a separate profile for visiting undesirables and those that rankle my ire.I learned the hard way with thirty days and outright deletion of accounts.There are ways.

Link to comment
Share on other sites

just curious, @awakeintheashes if feebay ever told you exactly what you're supposed to do when packing/ shipping a high value book to ensure that you have proof you really sent it? i once sold a hulk 181 9.0 and made a video at fedex of the guy actually packing it in the box and then putting the label on, just to hopefully avoid scum bag buyers like this guy. reallly happy for you that you got your $$ back- 

Link to comment
Share on other sites

On 12/7/2019 at 11:40 AM, www.alexgross.com said:

just curious, @awakeintheashes if feebay ever told you exactly what you're supposed to do when packing/ shipping a high value book to ensure that you have proof you really sent it? i once sold a hulk 181 9.0 and made a video at fedex of the guy actually packing it in the box and then putting the label on, just to hopefully avoid scum bag buyers like this guy. reallly happy for you that you got your $$ back- 

Nope, not really. One person in High-Value Claims mentioned that people have gone to the lengths such as the example you laid out. But, she also said that, because he took a photo of the X-Men (Vol. 2) #11 it would revert back to my word against his. Not sure I totally followed her on that, but I was more worried about being on the hook for the refund than poking holes in her argument.

I did say that it is ridiculous that one should have to go to such lengths, but if that is what eBay suggests, then eBay should have that guidance spelled out someplace for sellers.

Link to comment
Share on other sites

25 minutes ago, awakeintheashes said:

Nope, not really. One person in High-Value Claims mentioned that people have gone to the lengths such as the example you laid out. But, she also said that, because he took a photo of the X-Men (Vol. 2) #11 it would revert back to my word against his. Not sure I totally followed her on that, but I was more worried about being on the hook for the refund than poking holes in her argument.

I did say that it is ridiculous that one should have to go to such lengths, but if that is what eBay suggests, then eBay should have that guidance spelled out someplace for sellers.

I was told by eBay CSR to never sell high value items on eBay.  I list most books over $500 over the Comiclink Exchange.  I just won't accept a bid that does not (in my mind) include the cost of shipping to Comiclink to act as the facilitator of the transaction.   To me, selling a book on the exchange is akin to selling the book on eBay with free shipping. 

I'd like to see them pull something like that with CLink.  

 

BTW... he never responded to me... 

 

Edited by Buzzetta
Link to comment
Share on other sites

On 12/6/2019 at 3:50 PM, Buzzetta said:

So am I not allowed to contact his friends and family and ask if Ryan Smith is the same guy that stole the Hulk 181? 

But Buzz, his friends list is turned off for public viewing.

I know, I know Timmy... 

However he has posted pictures and those friends that he has and the family he converses with remark and like those pictures. 

 

So his FB page says he is VP of Sales at Pier Fish Company. Could call them and ask the same question.

Link to comment
Share on other sites

1 hour ago, icefires said:

So his FB page says he is VP of Sales at Pier Fish Company. Could call them and ask the same question.

And he tells all the dads to teach their kids good morals.

Quote

Happy Father's day to all the fathers out there , I hope you all enjoy this day with you family's and remember the important role that we all play in our children's lives. It's not about the amount of money we spend on them or trying to just be their best friend but teaching them good moral values, hard work, honesty , respect and most important telling them how much you love them every day.

 

Link to comment
Share on other sites

On 12/6/2019 at 3:50 PM, Buzzetta said:

So am I not allowed to contact his friends and family and ask if Ryan Smith is the same guy that stole the Hulk 181? 

But Buzz, his friends list is turned off for public viewing.

I know, I know Timmy... 

However he has posted pictures and those friends that he has and the family he converses with remark and like those pictures. 

 

Are you positive this is the correct Ryan Smith? Whitepages shows two Ryan Smith's in New Bedford. One on Sawyer St. and one on Tacoma St.

 

Edited by icefires
Link to comment
Share on other sites

Wanted to post a quick update on this. A few people recommended that I contact CGC and ask if they can keep an eye out for this book coming in for a reholder/serial number swap. So, today I did...

I’m paraphrasing a bit, but I was told that it’s not their job to keep an eye out for my book. I was asked twice if I had contacted the police...after already stating that I had a police report. I was also told that there is no way they can tell if its my book, which I find odd, but oh well. This was all wrapped in an attitude of “why are you wasting my time with this?”

I can understand if this attitude was displayed if I had called and was belligerent or hysterical, but I simply asked if this is something they could do. 

Anyway, the service I was provided with is beside the point. For anyone this happens to, CGC will not keep an eye out for your book being sent for a reholder or serial number swap.

Link to comment
Share on other sites

25 minutes ago, awakeintheashes said:

Wanted to post a quick update on this. A few people recommended that I contact CGC and ask if they can keep an eye out for this book coming in for a reholder/serial number swap. So, today I did...

I’m paraphrasing a bit, but I was told that it’s not their job to keep an eye out for my book. I was asked twice if I had contacted the police...after already stating that I had a police report. I was also told that there is no way they can tell if its my book, which I find odd, but oh well. This was all wrapped in an attitude of “why are you wasting my time with this?”

I can understand if this attitude was displayed if I had called and was belligerent or hysterical, but I simply asked if this is something they could do. 

Anyway, the service I was provided with is beside the point. For anyone this happens to, CGC will not keep an eye out for your book being sent for a reholder or serial number swap.

Did you talk to a CGC manager or just CGC Customer Service rep?  I know they are swamped right now so either way it would be super easy to fall in the the mix and just get re-graded.

Just curious did you have insurance on the package? I wonder how the PO would handle the claim if you filed it.

Link to comment
Share on other sites

58 minutes ago, NewWorldOrder said:

Did you talk to a CGC manager or just CGC Customer Service rep?  I know they are swamped right now so either way it would be super easy to fall in the the mix and just get re-graded.

Just curious did you have insurance on the package? I wonder how the PO would handle the claim if you filed it.

It was just a CGC customer service rep. Not a big deal, but wanted to update everyone who had suggested that I contact CGC.

I have collectors insurance, which would have covered the item if it had been lost in the mail or damaged. Unfortunately, collectors insurance does not cover voluntary parting induced by fraud. I’m not sure how the PO would handle it. Technically, they delivered the package that was sent to the buyer, and they delivered the swapped out item that he sent to me. With that said, he did use the postal service to pull off this scam.

Edited by awakeintheashes
Link to comment
Share on other sites

4 hours ago, awakeintheashes said:
5 hours ago, NewWorldOrder said:

Did you talk to a CGC manager or just CGC Customer Service rep?  I know they are swamped right now so either way it would be super easy to fall in the the mix and just get re-graded.

Just curious did you have insurance on the package? I wonder how the PO would handle the claim if you filed it.

It was just a CGC customer service rep. Not a big deal, but wanted to update everyone who had suggested that I contact CGC.

I have collectors insurance, which would have covered the item if it had been lost in the mail or damaged. Unfortunately, collectors insurance does not cover voluntary parting induced by fraud. I’m not sure how the PO would handle it. Technically, they delivered the package that was sent to the buyer, and they delivered the swapped out item that he sent to me. With that said, he did use the postal service to pull off this scam.

I just don't see how CGC could help you.

They literally grade 1000's of books a day.

They probably grade dozens of 181's every month, if not every week.

There's just no possible way they could try to 'keep and eye out' for one book.

Now imagine how many people a year could be asking them to keep track of stolen books. It would be an impossible task for a human.

I had nearly $20K in stolen books go missing 6 months ago and they have yet to turn up.

Just keep looking. Hopefully they show up. Good luck!

Link to comment
Share on other sites

10 minutes ago, VintageComics said:

There's just no possible way they could try to 'keep and eye out' for one book.

Will they do it? No. But I wouldn't agree there's "no possible way they could" if they really wanted to. 

I could be wrong, but I'm assuming when a book is reholdered they would input the cert number somewhere? I'm sure the number could be flagged on their system if they wanted.

Again, I'm not saying it would be practical for them to do this with all the requests they would receive, only that it's probably not impossible like you claim.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
4 4