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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26163
Experience:  Began practicing law in 1992
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If a package is shipped with a notice attached that says "DO

Resolved Question:

If a package is shipped with a notice attached that says "DO NOT RESHIP THIS PACKAGE OR IT'S CONTENTS!! If you are being paid or rewarded in any way to reship this package to another address in the US or overseas you may be involved in an illegal act and be liable for civil damages, as well as being defrauded yourself.

If you have any quetions concerning this issue, please contact us Toll Free at 1-XXX-XXX-XXXX or go online to www.kellycodetectors.com/reshippingfraud.htm. You can also learn more at www.fbi.gov/page2/april05/cyberthief040405.htm.

These items are purchased with stolen credit cards and are usually shipped to Ukraine or Russia. Of course the merchant is out of the money because the credit card holder gets his or her money refunded.

The question is can charges be brought against the people that are being paid to reship these items since there was a notice on the package?
Thank you.
Submitted: 7 months ago.
Category: Legal
Expert:  Dwayne B. replied 7 months ago.

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Is it possible to charge them? Yes, in certain circumstances.

Dwayne B. :

They could be guilty of conspiracy or under the law of parties.

Dwayne B. :

Are you with Kellyco?

Dwayne B. :

It looks like you are offline. We probably need to discuss this real time so when you come back online post a message and then wait here in chat and I will pick up as soon as possible. It may be just a few minutes if I am online with someone else.

Customer:

I am willing to pay the $35.00 but no more since I am the one paying so please give me an idea ir this is going to cost more or if I just pay the $5.00 at this time.

Dwayne B. :

I'm here. Whatever amount you posted at the beginning is what you pay it doesn't go up just because we do it in chat mode rather than the Q and A format.

Customer:

Thank you. We experience many problems with stolen credit cards and the detectors are shipped to Russia or Ukraine by the people they have hired here to reship. We put that label on the packages because of that problem. Some people have contacted us but recently I lost $8000.00 worth of losses with the stolen credit cards. When this first started they were using only American Express credit cards and at that point we lost about $14,000.00 and learned our lesson in a hard way.

Dwayne B. :

You are with Kellyco?

Customer:

Yes, I work for the President of the company and have been here over 20 years.

Dwayne B. :

I've ordered stuff from there for 25-30 years. Good company.

Dwayne B. :

You have a couple of options here, one civil and one criminal. It will take some changes in procedures and probably a website/order form change. Are the people who are reshipping the ones who place the order or are the products actually being ordered directly from Russia and the Ukraine?

Customer:

Thank you. I like it. I do have rules now that if it is an American Express you can't ship to another address and I have to verify it. I also will not allow shipping to reshippers but reshipping to another address gets hard to stop altogether. These people will wait in front of peoples home to get the package if possible. I spend alot of time checking out people and addresses. The last orders they changed the ship to addresses with Fedex and also had packages held at the Fedex facility for pickup. I have stopped that but these are ones who I have tracked and called the police. I would like to know if I can go further.

Customer:

In answer to your question, I believe that the orders come directly from there. Some are clever enough to have Magic Jacks and claim to be here. We do get some from Colombia and Nigeria. It's really getting bad out there with no way to stop it.

Dwayne B. :

The first thing I'd suggest is sending a letter to the address in advance of shipping the product telling them that if they reship they may be taking part in a crime and you will prosecute. Placing that notice is a good idea as well.

Dwayne B. :

You could also get your company lawyer to draw up some language telling them that if they reship you will go after them directly for any losses you incur.

Dwayne B. :

However, by their participating in the deal they are already involved in committing crimes.

Dwayne B. :

The hard part is that there are so many places that it will be hard to get the DA in all of them to take these on.

Customer:

We can try emailing that. Mail would then delay shipping and that would create another problem. I initially learned a lot of this from an FBI agent in New York named Andre Cicero. He is the one that alerted me to all of this.

Dwayne B. :

What you may want to do is talk to the local DA where you are located (Maitland, FL?) and see if they would be willing to go after people through their office no matter where they are located.

Dwayne B. :

It is harder since the ones who are reshipping aren't actually doing the ordering.

Dwayne B. :

However, when you have a "conspiracy" to commit a crime then you can prosecute anywhere any part of the conspiracy took place.

Dwayne B. :

Since, arguably, at least part of the events took place there at your company you have an argument that your local court has jurisdiction.

Dwayne B. :

Where is your website hosted?

Customer:

Yes, you are right although most police departments are happy to help up to a point. I just got one in Florida that has been reshipping for a couple of years and thought that this was a great company. They had or maybe still have a great website. This is the really sad part.

Customer:

The worst is that you have just given them all of your personal information including your social security number.

Dwayne B. :

Yes, the internet has really been a boon for scammers.

Dwayne B. :

What I would also consider doing is adding a click through on your website ordering that agrees to venue in FL for any lawsuits and also agrees that orders, etc. are placed there in FL at the main office. You will want your company attorney to give you the exact wording (or the local DA) but it shouldn't be difficult or expensive to get that.

Dwayne B. :

Still there?

Customer:

Sorry, problem with a Turkish detector I had to take care of. Wonder if they will miss me someday? I can contact the DA in Casselberry, where we are located and see if that could work. Since no one gets punished this just continues and in the end, customers pay for the loses.

Dwayne B. :

Also, is it possible for you to enact a policy that states specifically you are not selling goods to be reshipped at all?

Customer:

That's pretty much what we already have on the package. I guess you mean on the website

Dwayne B. :

Well, just in general. If you have a specific policy that states any reshipping of your items without specific written permission of your company is forbidden that also gives you more room to argue that they knew it was not allowed and gets around the requirement that they knew they were breaking the law. The language you already have says they "may" be involved in an illegal act whereas if you tell them your company forbids reshipping then it is a little more forceful.

Customer:

I see what you are saying and I shall suggest it to the boss. I still have to mention the $8000.00 in recent loses. He was out of the office when I started to receive all of this and then I was away but he knows I'm on it.

Dwayne B. :

The more obvious you make it the more chance of success. However, your first step is to meet with the DA and your company lawyer.

Customer:

Should you ever contact us again in the future. Please feel free to ask for me. I'm the only Margaret.

Dwayne B. :

I will do so. I am probably going to be buying a couple of new detectors for my sons soon and I'll call and ask for you.

Customer:

I shall definitly contact the DA and thank you for the suggestion. I wish I could get more companies involved and then maybe something could be accomplished.

Customer:

Thank you and thank you for your time. I really appreciate it.

Dwayne B. :

And if you need me for another question on here just start the question with "FOR DWAYNE B" and I'll pick up as soon as I see it. I try to sign in for at least a few minutes every day to make sure no one is looking for me.

Dwayne B. :

You're very welcome. Tell your boss I said he's got a great company.

Customer:

Thank you.

Dwayne B. :

Glad to help. I'll exit now to assist others.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26163
Experience: Began practicing law in 1992
Dwayne B. and 12 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 7 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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