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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31735
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have sold legally obtained gift cards to an online company

Customer Question

I have sold legally obtained gift cards to an online company called located in CA. Cardpool paid me for the gift cards I have sold via ACH bank transfer. During this payment process, the person who gave me the gift cards used and cancelled the gift cards that were given to me, and later sold to Cardpool.
Now Cardpool wants to proceed with contracting local authorizes in my area and pursue criminal charges base on the fraudulent amount.
I would like to know what my rights .
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
The best option for you would be to pay Cardpool for the value of the cards and get things straight with it and sold the criminal charges and THEN turn around and go after the person who gave you the cards for your money back due to the cancellation of the cards. That would be the best resolution for you.
I you don't do that, it could be possible to successfully defend the criminal charges by proving that you are as much a victim of fraud as Cardpool based on the actions of this other person in cancelling the cards. Generally, criminal intent ("mens rea") must be proven in order to be convicted of a crime....and if there was on criminal intent on your may be possible to defeat the charge.....but you're better off to just avoid it altogether.
Customer: replied 2 years ago.
Thanks for the answer! I have some follow up questions.
FYI, I've sold over $20,000 in gift cards to without any issues. But the last transaction was ~$40,000 in gift cards and they paid me ~$33,000.As you recommended, I would pay Cardpool what I owe and go after the person who gave me the bad gift cards if I have the money and time. But that's not my current situation. What would be the likelihood of changing this criminal case into a credit case so that I can arrange a payment options with Cardpool. If possible, what do I have to do?What is your recommendation, when I don't have money to settle this with with Cardpool and the person who gave me the cards don't want to pay up? Even if I sue this person to pay back Cardpool, I don't think Cardpool will stick around and wait for me to be paid to pay them.If I can prove that there was no intentional fraud from my end, can Cardpool/court go directly after the person who gave me the giftcards? Or it doesn't work that way since the person who gave me the cards didn't have any legal obligations with Cardpool?In the worst case scenario, if I end up going to the court to resolve this case and I'm not able to prove that I didn't have any intention to sell bad gift cards to Card pool, what would be the outcome? Are we just talking about fines, jail time, or both?Thanks for the help,
Expert:  Roger replied 2 years ago.
Your best option would be to offer the company a payment plan to make things right and repay them the money at issue. If you offer to do that and inform them that you're going after the other person for redress and that you'll assign any judgment or recovery to the company, that should be something they'll the end the company wants the money - - not to put you in jail.
If they aren't willing to work something out and they do press criminal charges, a charge would likely be a felony because of the amount at issue.
It is not likely that the company would go after the other person because they weren't directly dealing with him.....and he didn't directly cause their damages....But, you would have the ability to file criminal or civil charges against the person and allege that this person defrauded you.
Hopefully, you can work a deal with the company for restitution and then go after this person with civil or criminal charges.
Customer: replied 2 years ago.
If I pay for another session, would it be possible for you to call and work out a payment arrangement? If this violates your terms with, then I understand.But please let me know if this is something we can work out outside of***@******.***Thanks,
Expert:  Roger replied 2 years ago.
Hi -
Unfortunately, we're not allowed to take on client through this site, so it wouldn't be something I could do......but you should be able to consult a local attorney in your area to assist with this.