Stolen 10 years ago, on craigslist today - what can I do?

[colorado_al]

Thanks!
Photos of the instrument look like it hasn't moved from the case in 10 years. Same 2 packs of strings that were in the case, D'Addario 74s and Elixir 80/20 nanoweb, are still present. No evident playwear.
Tried to meet up with seller this afternoon, but he was unable to make it. I'm out of town from tonight till Sat. I've arranged to meet up next Sunday morning. Police in his locale will be meeting me there.
I'll let you know how it goes.

[fentonjames]

i found the ad and sent an email asking what he can tell me about it.

[colorado_al]

i found the ad and sent an email asking what he can tell me about it.

OK. It's a sweet mandolin! Don't buy it out from under me or I'll have to come by your place with the cops!

[terzinator]

[fentonjames]

lol. i wouldn't do that.

[Mandobar]

In many states, like Florida, under the law, if the current owner came by the item through a bona fide sale, i.e. they paid a fair price from a legitimate seller, then they have acquired it legally, but if you can prove they've come by it "back-handed", they will need to surrender it. Do you have the serial number, or would the shop you bought it through have records? I'd check the statutes for stolen property in your state.

[Jeff Mando]

I would have to disagree. Some people think that a stolen item somehow becomes "unstolen" through time and a series of owners and sales -- it doesn't. All the previous sales would be illegitimate regardless of price paid.

[fscotte]

There's no jurisdiction in the USA that allows a person to keep a stolen item, regardless how they came into owning it. The Florida law is statute 539, and pertains to Pawnbrokers. It is in no way meant to screw victims out of their stolen items, but rather, a means to protect Pawnbrokers from losing money due to buying stolen items. The end result in Florida, if the victim follows the letter of the law, and through court mediation, he gets his item back and the thief is brought up on charges and pays all persons legal fees and lost business costs.

The pawnbroker has to follow the law as well in the original transaction. That means a positive ID on the person selling the stolen goods to the pawnbroker. If the pawnbroker doesn't have the sellers ID then they didn't follow the law and are not protected by Statute 539.

[Bob Buckingham]

The words "buyer beware" come to mind. Here's hoping you get it back.

[Andrew B. Carlson]

I hope all turns out well for the OP! Thanks for the fun story to follow in the meantime.

[barney 59]

It's out of the bag now but if someone found the ad your referring to then anyone can who reads this forum -including the seller or someone who contacts the seller. You wouldn't want to tip the guy off that the cops are coming before they get there!

A friend of mine who deals in instruments purchased a guitar for a many thousands of dollars price and listed it on ebay for more thousands of dollars. Apparently it had been stolen about a decade before and on the other side of the country. The person who had had the guitar stolen had been scanning ebay ever since it was stolen and then one day it popped up! The first my friend knew about it was when the cops showed up at his door. They took the guitar and checked him out pretty good as well. Last I heard he was trying to get his money back from the guy he bought it from who in turn was trying to do the same from whoever it was that he got it from etc.! Over a period of several years that could be a pretty long chain! But unless he was able to get reimbursement from the person he purchased it from he was just plain out!

[Mandobar]

There's no jurisdiction in the USA that allows a person to keep a stolen item, regardless how they came into owning it. The Florida law is statute 539, and pertains to Pawnbrokers. It is in no way meant to screw victims out of their stolen items, but rather, a means to protect Pawnbrokers from losing money due to buying stolen items. The end result in Florida, if the victim follows the letter of the law, and through court mediation, he gets his item back and the thief is brought up on charges and pays all persons legal fees and lost business costs.

The pawnbroker has to follow the law as well in the original transaction. That means a positive ID on the person selling the stolen goods to the pawnbroker. If the pawnbroker doesn't have the sellers ID then they didn't follow the law and are not protected by Statute 539.

My point was that the OP needs to check the laws in his state. For all we know the seller here may indeed be a pawnbroker, or there could very well be laws on the books that will stymie him from getting back his mandolin. Much of this is covered under the UCC if states do not have specific statutes. It would be best to contact a local attorney who deals in personal property issues on how to best proceed from here.

[ollaimh]

this is exciting. keep us posted

[soliver]

this is exciting. keep us posted

+1 x 100!!!!... This is good stuff!!!

[Bill Snyder]

You won't be back for a week? If that mandolin has a decent price on it then I would not hold my breath that it will be there when you get back.
You say it is EXACTLY as it was when it was stolen. Then no one has been playing. If there current owner is not the thief why would he have purchased it if not to play? Only reason I can think of is he got it cheap and is looking to make some quick cash - if not the thief then perhaps someone that would still have reason to suspect that it is (or in his mind was) hot.
Good luck.

[Otis_Spunkmeyer]

This is interesting...

[Tobin]

I'd be surprised if the mandolin were still available after a week. The time to act on this has already passed.

The fact that the seller outright lied about where he got it is very telling, as well as the fact that he doesn't really even know what it is. The fact that it has not been played, and even has the same set of strings in the case, seems to suggest that he has been sitting on it for that length of time, hoping that the original owner would just forget about it. He probably figured 10 years was long enough, and he's clear of the statute of limitations, so it would be "safe" to sell. It's probably a moot point, but this guy is probably the thief.

Big lessons to be learned here: don't keep your original receipt in the case! Carry good insurance and keep good documentation. And in this day and age, they do sell GPS trackers that can be hidden in cases for almost immediate recovery.

[JEStanek]

I can't wait to hear how this story ends.

Jamie

[Canoedad]

One thing is odd ... if the person who stole it is now the person selling it 10 years later, why would he be so freely giving out the serial number? You'd think he would try to avoid doing that.

[colorado_al]

It's been on CL for 25 days. I'm working with the local police who may intervene before I get back.
Thanks!

[fscotte]

Treat it like a stolen car on CL. The police will check out the item without you. Its evidence. Collection and preservation of evidence doesnt require the victim's presence.

[colorado_al]

Treat it like a stolen car on CL. The police will check out the item without you. Its evidence. Collection and preservation of evidence doesnt require the victim's presence.

That's what the PD told me they are going to do. I just need to keep in contact with the current seller to setup a meeting where the PD will show up instead of me.

[Caleb]

There must be some kind of crazy explanation behind this deal. What person would steal something, hold on to it for ten years, and then try and sell it like this? A thief normally does a quick turn around. Of course, it takes all kinds as the old folks say, but still. No matter what, this is one of the most interesting things I've ever seen on the MC. And, Al, I hope you get your mandolin back.

[Tom C]

It does not matter if they stole it or not. They are in possession of stolen property and I would get it back.

[re simmers]

Nothing would surprise me! By and large, thieves are stupid. You will get the mandolin if all that's on here is correct. It is illegal to possess stolen goods, period!
OR - I know a guy who knows a guy who's uncle knows how to get stuff.
Relax. I'm kidding!