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Stolen art alert Peanuts!
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85 posts in this topic

On 1/2/2024 at 6:04 PM, Phill the Governor said:

 

If they don't have insurance, this may be a matter of them contacting the current person who has it in their possession and making a case. Having them explain that this has all happened within a 100 day window and the case for the package they "purchased" is still open indicating the relative short timeframe.

Surely current person who has it paid pennies on the dollar for the package so they could do the moral thing and sell it back for their cost. But anyone in that position would understandably be hesitant to pass of a perceived windfall even given the full story. Could be possible your friend could take legal action against USPS, especially if this is an inside job. I've heard of cases in the past where postal workers are the in guy and get paid off to either steal or relocate packages so they never get delivered and they split a cut with the person who's going to sell it. This is such a high valued piece, it statistically seems unlikely this happened by accident. Was there ANY indication on the outside of the package of what was inside?

In general, it's not a good idea to sue a governmental agency as they have far more lawyers, time, and money than you do.  In this case, working with the Postal Inspector is likely to get the best result possible with respect to wrong-doing by an employee, though that may result in no action on their part.

Edited by adamstrange
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On 1/2/2024 at 4:12 PM, shadroch said:

No, it is not.  I had a box split open in transit, and it arrived with half the contents missing.  Luckily, I had photos and an invoice. Months later, something showed up on ebay and the seller had bought it from a USPS auction.  He offered me a small discount.

It's horrible.  USPS doesn't care if you have the invoice and photo.

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On 1/2/2024 at 4:14 PM, JollyComics said:

It's horrible.  USPS doesn't care if you have the invoice and photo.

I got some money back because I had insurance.  The postal inspector talked to me on the phone for five minutes, and I filled out the forms online. He called me back and asked for pictures. He said he'd forward them to Atlanta where they are supposed to try and match stuff up.  The Post Office is not your friend. You can't expect a personal touch.

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On 1/2/2024 at 5:21 PM, shadroch said:

I got some money back because I had insurance.  The postal inspector talked to me on the phone for five minutes, and I filled out the forms online. He called me back and asked for pictures. He said he'd forward them to Atlanta where they are supposed to try and match stuff up.  The Post Office is not your friend. You can't expect a personal touch.

I agreed with you totally. 

USPS Chicago Distribution is my eternity enemy.  Someone opened three envelopes.  One check was snatched (my comic dealer contacted me for not receiving it and I decided to cancel it without my knowledge).  I barely cancelled it before the bank caught the person who tried to cash the check in few hours later.  My bank told me what happened next day. It was unbelievably luck!  One package was stolen en route Comiclink (it went missing for three weeks and I already reported it to my postal inspector) but I found all graded books in eBay. The sellers agreed and returned all books to Comiclink but one book is still missing. Two local detectives (one is mine and other in Maine) collected the information and contacted the postal inspector.  The post inspector NEVER told me if they were arrested.  Thugs sold my books to well known comic dealers and got the money via PayPal. They have their information and PayPal got all sufficient evidences and paid fully to the dealers. The case is closed.  I thanked for that! 

USPS Chicago Distribution is still plagued Chicago area for years!

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I am not going to say this is the correct way to do things as it is morally grey if not outright wrong; but OP could easily weaponize the court system to assist in the return of the art.

Assuming your pockets are deeper than the ebayer (whom came across as a jacka ss with his response) your attorney can send a letter of intent and various preservation of evidence letters as a scare tactic. Since technically one of the parties has not been made whole and they know where the items are a police report can be filed, both will be used to support the initial civil litigation against the Ebayer. The goal would be to settle and get the art returned (compensating the ebayer for original purchase fees and some additional on the top) or drown the them in legal fees and the quagmire of the courts while they are on the hook of keeping the item unsold and safe until completed.

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I think the OP stated he got refunded for the lost book.  The current owner of the book probably paid, and it sounds like it was a legitimate sale, a very small percentage of what the work is actually valued at.  If the value of the work was closer to like $50, then this thread probably would never have been created.  

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On 1/2/2024 at 9:24 PM, DougC said:

I am not going to say this is the correct way to do things as it is morally grey if not outright wrong; but OP could easily weaponize the court system to assist in the return of the art.

Assuming your pockets are deeper than the ebayer (whom came across as a jacka ss with his response) your attorney can send a letter of intent and various preservation of evidence letters as a scare tactic. Since technically one of the parties has not been made whole and they know where the items are a police report can be filed, both will be used to support the initial civil litigation against the Ebayer. The goal would be to settle and get the art returned (compensating the ebayer for original purchase fees and some additional on the top) or drown the them in legal fees and the quagmire of the courts while they are on the hook of keeping the item unsold and safe until completed.

What did the current owner do wrong? He claims he bought it at an auction.  If so, it is his. It's no different than buying a repossessed car or an abandoned locker.  I can't imagine this going anywhere in a court.

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On 1/3/2024 at 9:24 AM, shadroch said:

What did the current owner do wrong? He claims he bought it at an auction.  If so, it is his. It's no different than buying a repossessed car or an abandoned locker.  I can't imagine this going anywhere in a court.

Never said he did anything wrong and the object of bringing suit isn't to take it to court as I stated above (as well as it being morally questionable).

Given the ebayer's response it would seem he is used to being in possession of other peoples lost items through legal means. I am sure he has faced many empty threats over email given said response to OP and has kept perfect asset receipts to prove beyond the needed preponderance of evidence that his attainment of the art is as he explained. 

It is just an option given the value of the art, though a salacious one.

It does seem that the temperature of who is in the right concerning ownership has changed since the same thing happened with the buying of lost mail and original art (I believe stolen enroute to Heritage) that ended up in Southern Missouri (Sikeston mail outlet IIRC)

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On 1/3/2024 at 10:32 AM, RBerman said:

If USPS, UPS, and FedEx are all too lacksidaisical to be trusted with high-value art deliveries, is there a private courier service that has its act together?

I'm available to hand-deliver anything anywhere. 

The simplest solution is to make sure you have good insurance, make your package bomb-proof, and say a prayer.  If you ship enough packages, you will have an issue.

Most postal employees are hard-pressed to do their jobs during their shifts, let alone take on outside tasks.

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On 1/3/2024 at 10:32 AM, RBerman said:

If USPS, UPS, and FedEx are all too lacksidaisical to be trusted with high-value art deliveries, is there a private courier service that has its act together?

I have used various courier services for high value items coming from the UK and I don't think there is any solution to the anxiety shipping causes. I was just talking to a guy yesterday who was expecting a DHL that they handed off to Royal Mail for the final leg. He was like, why am I paying DHL fees for Royal Mail service. Disconcerting.

I do work with museums and have had to pay for their fine art shipping service. The cost was 2500 each way plus I had to pay for the crate to be made for the items, which was 5k. Yes it came on its own truck with cushioning but ultimately it was two guys driving across the country making stops along the way. It was certainly more secure than another service but it wasn't like a secured delivery or anything. The museum would not let me pickup and re-delivery the items myself either. These were low value but irreplaceable research specimens not fine art or other collectibles. 

I have also used Freighters and Craters for an art shipment across the country. What was disconcerting there was the pickup at the Estes trucking depot and the free for all it was. There were just crates and pallets all over this massive outside loading dock area, hardly seemd very secure at all. 

Edit: even if you hire a private delivery service there are still issues. I was this delivery service once, driving rare specimens from one museum to another. It was me in a U-haul. I still had to sleep one night, and didn't sleep well for fear of the truck being broken into overnight. So unless the drive was within a day presumably the same issue would apply. On private moves I have taken things into the hotel with me at night but I doubt any third party would do the same. 

Edited by cstojano
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So as far as I can see the op don't know where this guy lives except Lakeland fl or Bartow fl  why not buy something cheap from the seller and get the address tell him you will pick up in person at least you will have the address.

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On 1/3/2024 at 2:33 PM, topcat54 said:

So as far as I can see the op don't know where this guy lives except Lakeland fl or Bartow fl  why not buy something cheap from the seller and get the address tell him you will pick up in person at least you will have the address.

Again because the original poster has zero claim to it.  

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On 1/2/2024 at 7:47 AM, GreatCaesarsGhost said:

You may be right and you may be wrong. Either way, I don’t think these guys are worthy of your defense. Not when their pat response to the true owner is “Tough”.

I would have said a lot worse if I received repeated inquiries about an undeliverable package I legally purchased at a government auction. 

 

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On 1/3/2024 at 2:29 PM, Buzzetta said:

I would have said a lot worse if I received repeated inquiries about an undeliverable package I legally purchased at a government auction. 

 

well to each his own, I guess

Edited by GreatCaesarsGhost
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On 1/3/2024 at 3:30 PM, GreatCaesarsGhost said:

good lord I guess there's a red light district in every hobby

I’m just saying…

For instance, my favorite response when a buyer sends me repeated lowball offers is, “I could not accept such a low offer even if I had a meth habit to support.” 
 

So if someone kept challenging my ownership of the item, I would have said worse than, “tough.”

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On 1/3/2024 at 1:30 PM, GreatCaesarsGhost said:

well to each his own, I guess

It's a business.   This should help the original owner as the PO can no longer claim it might turn up.  He'll get the insurance money, and the guy who bought it at auction can keep buying stuff for pennies on the dollar.  As can anyone who wants to. These auctions are all over the internet.

 

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