Online “items not received” scam

[Guest]

Good afternoon,

Firstly I’m based in the UK and I’m currently being investigated by the police for fraudulently obtaining high value goods by exploiting a courier loophole. I would order the items and specifically not request for them to be left outside however most couriers are useless and would leave them outside my house anyway without my consent - I would then claim I never received them. What are the chances of the police raiding my property for evidence? Also bank/paypal accounts? I feel it’s a pretty black and white case if they do both of these things as they can clearly a trail of money out and back in. Also if they check eBay they can see the items then sold on. What’s the likely hood of jail time for this? Value is in excess of £50,000.00 Any advice?

[echat11]

Hi Keipa

Welcome to LB

O.K. I shouldn't pass judgement, but it's 'ridiculous' that you did that.

I think you've proved that the 'loophole' is not a 'loophole'. There's a 'paper trail' as long as the 'Thames'.

What you need to do is contact a solicitor that deals in criminal matters today, now, seek advice and representation.

If the police interview you etc, you need to make sure the solicitor is present.

On here we advise on civil matters.

'What are the chances of the police raiding my property for evidence? Also bank/paypal accounts? - Pretty good, simply because of the value involved.

What's the likely hood of jail time for this? What you need is 'mitigation' for your actions, is there anything, i.e. health etc.a solicitor can help with that.

[echat11]

islandgirl Might be able to provide some thoughts on this.

[islandgirl]

Sentencing guidelines give starting point as over 3 years in prison due to value and planning involved
https://www.sentencingcouncil.org.uk...theft-general/

[Guest]

I know it was incredibly stupid on my part. Is there any any hope of avoiding prison like offering to pay the money back?

[islandgirl]

Very high value goods stolen (above £100,000) or high value with significant additional harm to the victim or others

High value goods stolen (£10,000 to £100,000) and no significant additional harm or Medium value with significant additional harm to the victim or others

If you can persuade everyone that there is no significant additional harm and bring it into cat 2 there is a slight hope of a high level community order.....you may be lucky and get the sentence suspended....all depends on the facts

[echat11]

I know it was incredibly stupid on my part. Is there any any hope of avoiding prison like offering to pay the money back?

There is other stuff they might look at, previous criminal record, paying it back might come into it.

You really need to contact a solicitor that deals in criminal matters. They will know how to handle the matter, check Reviews so you get one that is 'good'.

I'm not recommending them, but they give free case review.

https://marymonson.co.uk/

[islandgirl]

These are the harm categories

• Items stolen were of substantial value to the loser – regardless of monetary worth
• High level of inconvenience caused to the victim or others
• Consequential financial harm to victim or others
• Emotional distress
• Fear/loss of confidence caused by the crime
• Risk of or actual injury to persons or damage to property
• Impact of theft on a business
• Damage to heritage assets
• Disruption caused to infrastructure

Of course ECHAT11 is absolutely right - we would take into account any previous offences and lots of other things...

[islandgirl]

i am sure the value has changed from £100k to £50k or is it me? Anyway starting point at 50k is still a year's custody...probably cat 2A in the guidelines
(but that is with no background knowledge or information)

[Guest]

I have spoke to a few legal lawyers over the phone however the general theme I’m getting is that they don’t want to listen until the police have actually contacted me and arranged an interview. Is this normal? They basically say without knowing exactly what evidence they have from the police they can’t really say what can be done. Is it normal to want to brief your solicitor in advance of the police interview?

[echat11]

I have spoke to a few legal lawyers over the phone however the general theme I’m getting is that they don’t want to listen until the police have actually contacted me and arranged an interview. Is this normal? They basically say without knowing exactly what evidence they have from the police they can’t really say what can be done. Is it normal to want to brief your solicitor in advance of the police interview?

I suppose that makes sense, that way they know exactly what their dealing with, charges wise, instead of multiple scenarios where they may give you incorrect information.

[islandgirl]

Just make sure you do not go to interview without a solicitor...

[Guest]

Is there an alternative custody? What’s the strongest mitigation for this as I really want to avoid prison

[islandgirl]

speak to your solicitor. Suspended sentence or high level community order are the alternatives but look at the sentencing guidelines and see where you fit in.

[echat11]

Is there an alternative custody? What’s the strongest mitigation for this as I really want to avoid prison

'Mitigation' might be something in your personal circumstances the Judge / Court would take into account of when passing sentence.