Alleged eBay Scammer Pleads No Contest

[Ares]

Not dealing with comics but there is hope for us all that scammers will be dealt with

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http://story.news.yahoo.com/news?tmpl=story&cid=528&ncid=528&e=4&u=/ap/20030510/ap_on_hi_te/brf_internet_scam

 

 

LOS ANGELES - A man who sold high-end computers, laptops and other equipment on eBay Inc.'s online auction site pleaded no contest to allegations of fraud totaling $453,000.

 

Chris Chong Kim, 28, of Los Angeles entered the plea Friday to one count of grand theft and agreed to a waiver that will allow the court to consider restitution for victims.

 

He is accused of defrauding 26 customers of sums ranging from nearly $2,000 to $6,000. The criminal complaint alleged victims, eBay and Bank of America lost a total of $453,000.

 

Kim's eBay business, Calvin's Auctions, allegedly stopped shipping equipment in April 2002 but its sales continued. The Southern California High Tech Task Force investigated after complaints were lodged with the FBI (news - web sites)'s Internet Fraud (news - web sites) Complaint Center. Calvin's Auctions was shut down in July 2002, according to Deputy District Attorney Jonathan Fairtlough.

 

Kim has agreed to pay $100,000 in restitution at his June 6 sentencing. He also faces three years in state prison, but Fairtlough said he will be sent to a restitution center to serve his time so he can earn money to pay his victims.

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Why would he need to sign a waiver to allow restitution?

 

[Zonker]

Why would he need to sign a waiver to allow restitution?

 

I don't pretend to know the California law, but it sounds like this was a plea-bargain. Probably restitution is not automatic (there is a school of thought that says the criminal should pay his/her debt to society, not directly to the victim). By agreeing to provide restitution, the court probably went easy on sentencing the defendent. If he had not agreed to restitution, they might well have thrown the book at him!

[fazman]

Let's see... $100,000 , 26 rip-off E's , 3 years behind bars .

Oh well, at least E-Bay got it fees.

[Foolkiller]

I don't know the law in CA either... however, in PA I can tell you that restitution is perscribed by law, and victims of crime are entitled to it so long as the Judge orders it (the deft., in PA, need not sign a "waiver".) However, there is caselaw which indicates that there are parameters set on the deft's ability to pay and whether or not the amount set down is reasonable. Prosecutors consistently fight this rationale because if they took the money in the first place, if it takes them 50 years, they should have to repay it. I suspect in CA that restitution can be negotiated as part of a plea, and upon a waiver by the deft, the judge can decide if any additional restitution is to be ordered. However, again, I don't know what CA's law is regarding the matter.

 

Good to see something is being done about ebay fraud though.

[Lofwyr]

Why would anyone think they could rip off that amount without getting caught in the first place? I've heard of people getting house calls from the feds for even less than that.

 

[Rickdogg]

Thank GOD! I'm sure all he will be able to eat now is Kim Chi Noodles!!!

[12c_Comic]

Why would anyone think they could rip off that amount without getting caught in the first place? I've heard of people getting house calls from the feds for even less than that.

 

Well as Michael Douglases character from WALL STREET would say "Greed is good",or is it bad or good and bad .........