Legal Question in Federal Tort Claims in Alaska

What will happen when someone files a mail fraud report against me?

About a month ago, I used swap.com. I made a deal to swap an item with someone. (A DVD for another DVD, if it matters)

I received the DVD that was sent to me, but he/she is claiming that they haven't received the item I sent.

I was told by the site that Mail Fraud Report (Form 8165) was going to be sent in a couple days if I didn't send the item and give them proof (a tracking number).

I sent the item using regular stamps so I didn't get a tracking number.

What is going to happen when the form is filed? I don't have the DVD because I sent it so what are the police going to do?

I know that sometimes things get lost in the mail. It's also probable that the other person is lying and saying that they didn't receive it. I'm not sure though, probably not.


Asked on 9/14/10, 9:19 pm

1 Answer from Attorneys
Terrence Thorgaard Thorgaard Law Firm

As form 8165 says,

"The U.S. Postal Inspection Service is a federal law enforcement agency.

Postal Inspectors gather facts and evidence to determine whether a

violation has occurred under the Mail Fraud or False Representation

Statutes. While the Postal Inspection Service can�t guarantee that [the person had dealings with will] recover money lost to fraud, the information can help alert Inspectors

about new fraud schemes and prevent others from being victimized.

Postal Inspectors base mail fraud investigations on the number,

substance, and pattern of complaints received from the public; therefore,

we ask [that the person making the complaint] keep all original documents relating to [his/her] complaint,

including the solicitation, any mailing envelopes, and canceled checks.

Under our Consumer Protection Program, Postal Inspectors may contact

individuals or businesses on your behalf to request that complaints be

resolved."

I suspect that nothing will come of this. If postal inspectors do contact you, you should refuse to answer any questions they may have without having an attorney present during questioning.

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Answered on 9/20/10, 5:27 am


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