Update: Pensacola mandolins stolen

[Dale Pauline]

I want to thank everyone that has sent me emails concerning this situation. I appreciate the backing of the community. I'd like to especially thank Scott Tichenor from this site and Dennis and Bryan from The Mandolin Store.

I got an email this morning from the manager of Blues Angel Music in Pensacola. Seems someone purchased my mandos at a local flea market and took them to Blues to sell on consignment. This was a month ago. The Gibson has been sold, but they still have (my) the Pava for sale.

This is bittersweet as I'm told Florida law says that once something is purchased in a legal manner the property is theirs. So, I can purchase MY Pava from the guy that has it for sale or let it go.

You know, this is total BS! I don't want the insurance $$ just my mandos. We'll see where this goes from here.

I reported the stolen items to the local authorities and then told them where my stuff ended up. I'll keep you posted on the rest.

Dale

[Dale Pauline]

A bit of good news. The buyer at the flea market paid with a check. So, maybe the bum that did this won't get away with it. Especially if he has ties to the moving company that packed it.

[journeybear]

A mixed bag of news, for sure. It seems obvious that someone on the moving crew spirited them away. I mean, they didn't let themselves out of the freezer chest. It also seems obvious that someone in mgmt there hasn't done due diligence, nor has the PD, sorting out who on the crew was the culprit. Of course, for such a small matter (in the grand realm of things criminal), one would be very overoptimistic to think a detective or team of detectives as dedicated and determined as one might see in a TV show would swoop in and solve the case. It would be nice, though.

But you've located one, so that's a big plus. Good luck on the other!

[Mandobar]

Dale, I am so sorry this happened. I found the Florida statutes on theft and the transfer of property:
http://www.leg.state.fl.us/statutes/.../0812.022.html

One of the keys is going to be how much the items were sold for at the flea market. As I read this, if they were sold for an undervalued price at that time the flea market shopper/buyer could be on the hook and you might get your Pava back.

[Dale Pauline]

The key you mentioned might be some good news. The guy at the flea market paid $600 for both from what I've been told. Way under value and the guy even thought they might be stolen due to the low price.

[Mandobar]

As I read the statutes, if he suspected they were stolen they were not acquired in a legal manner. It's so hard to handle these things from overseas, but I hope you get your instruments back.

Is the music store owner the one who quoted you "Florida law"?

[billy_v]

I saw last night that all the ads had been pulled, figured Gibson had cease-and-desisted 'em! Very sorry; hoping for the best.

[Dale Pauline]

Found my Gibson. It was sold on ebay. One of the pictures shows the serial number and it is a match. Does anyone know if there is any recourse through ebay?

The case has both the Mandolin Café and Elderly Instruments stickers I put on there.

http://www.ebay.com/itm/The-Gibson-F...p2047675.l2557

[DataNick]

Hopefully the Ebay purchaser will come forward; surely Ebay has a record of who posted the winning bid, etc....I know that I in good conscience couldn't keep an instrument that I knew was stolen.

Best wishes on getting your mandolins both back...

[9lbShellhamer]

Can't believe they still had the serial numbers and everything. Very sorry for your losses. Glad you got the full story, but very sorry for your ordeal! Seems sad the music store wasn't able to do something else...the law seems very unjust here.

[Dale Pauline]

yes

[Dale Pauline]

Yes, the manager of the store told me. I haven't confirmed that with law enforcement yet.

As I read the statutes, if he suspected they were stolen they were not acquired in a legal manner. It's so hard to handle these things from overseas, but I hope you get your instruments back.

Is the music store owner the one who quoted you "Florida law"?

[MikeEdgerton]

Get the information you have to your insurance company. They'd rather recover the items than pay you for the loss.

[sgarrity]

I remember seeing that F5 for sale on eBay. So sorry you're having to go through this. Since you're on Kwajalein I'm assuming you're in the military? My other half is in the Navy and I dread moves for this reason. The last time I caught one of the packers trying on some of my clothes. The contractors they hire leave a LOT to be desired. I don't allow them to touch or move any of my instruments. Moving to the middle of the Pacific Ocean you don't have many choices on the matter. Best of luck getting your mandolins back!!

[Dale Pauline]

I'm actually a civilian contractor working for the Army. The moves are tough. I had always carried my mando on the plane before this, but flying is a concern now with instruments. That's why I hid them in my chest freezer. Only problem was the two movers needed the model and serial numbers and I pulled them out. So, what do you do? Stay home next time I guess!

I remember seeing that F5 for sale on eBay. So sorry you're having to go through this. Since you're on Kwajalein I'm assuming you're in the military? My other half is in the Navy and I dread moves for this reason. The last time I caught one of the packers trying on some of my clothes. The contractors they hire leave a LOT to be desired. I don't allow them to touch or move any of my instruments. Moving to the middle of the Pacific Ocean you don't have many choices on the matter. Best of luck getting your mandolins back!!

[GTison]

You may be able to contact the buyer and seller using your eBay account. Maybe they are selling something else. I would contact Ebay now. If you tell them it is stolen property, I would think the sales could be undone by reasonable people including the Blue Angel Music. After they sold it I would think they would bend over backward to get your instruments back. They inventory a lot of mandolins there, I would think they would not want to anger the local mandolin community (Gulf Coast Bluegrass Music Association being part of that.) I am very interested in how this turns out. Please keep us posted.

[GTison]

It makes me want to ask the seller through eBay, didn't he know it was stolen when he sold it on EBAY. You can still submit questions I think. Not my place I guess, but this makes me angry. (anyone else that bold?)

[Dale Pauline]

Thanks for your response, but the seller WAS Blues Angel Music. When I spoke to the manager Steve he said that if a person buys something in good faith it's their property. So, I ask where does that leave the ORIGINAL owner? Steve told me I might be able to buy my Pava back from the guy who bought them stolen. I'm going to wait and see what the cops have to say about all this.

[Dale Pauline]

Also, I've tried to contact ebay concerning my Gibson that sold on their site on 10/5, but when I tried to submit that the item was stolen, they told me ONLY law enforcement could proceed from there.

[Jeff Mando]

I'm no lawyer, but that law seems very convenient for Blues Angel Music, doesn't it? It is obvious to me, that the store owner could contact the buyer from eBay and ask to undo the deal, explaining the mandolin was stolen, and have it shipped back. But wait, then Blues Angel Music would have to reimburse the buyer!

I worked at a vintage guitar shop in Tennessee and the law may be very different than Florida, but a guy spotted his Gibson SG that was stolen 20+ YEARS AGO hanging on the wall where I worked. He had filed a police report 20+ years ago, came in the next day with a cop and the police report and the cop grabbed the guitar and handed it to him. End of story. My employers were out whatever money they paid for the SG, because IT WAS A STOLEN GUITAR!

I feel bad for ya, Dale. It looks like the store owner wanted to do the right thing by contacting you, but didn't want to follow through all the way, IMHO.

Good luck with resolving this.

[Barry Wilson]

This just feels so wrong. I am sorry you have to deal with this. I hate thieves. And I can't understand a music store feeling ok with doing this. Karma should bite them.

[Dale Pauline]

You know Jeff, your message hit home. I sent a copy of it to Steve the manager of the music store. Maybe some degree of guilt will hit home and he will feel compelled to do something. We'll see, but thanks for a response that really hit home.

[Mike Stewart]

Moderator deletion. Violates Forum profanity guidelines.

[Bill Clements]

Quote deleted by Moderator

With due respect, I must take exception to this remark, having worked in the retail music business for 35 plus years.
Best of luck getting your mandolins back, Dale.

[Jeff Mando]

In fairness, any business that deals in the buying and selling of used merchandise can unknowingly end up with stolen merchandise on occasion. The question is how they deal with it, once that knowledge is known.