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Jolie Rouge
08-05-2002, 11:04 PM
A $300,000 con shows how easy it is to manipulate the system. Is eBay coming clean about fraud?
By David H. Freedman, August 2002 Issue

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Jeff Hamm, a slender 30-year-old partial to all-black outfits, spends much of his time pretending to be a young girl or boy. It's his duty, he's good at it, and he carries it out in a long, cramped room whose helter-skelter layout is dominated by the muted glow of websites displayed on several monitors. This is the headquarters of the Oakland County, Mich., computer crime unit. It could pass for a scrappy dotcom, if it weren't for the photographic portraits arrayed on one section of wall, which are unmistakably of the arrest-booking ilk. Most, it turns out, are of convicted "preferential child offenders" -- cop-speak for pedophiles -- whose sordid march toward justice began when they encountered one of Hamm's personae in a chat room.

But on Jan. 22, Hamm's mind wasn't on trolling for perverts. He was staring at the latest e-mail from the Internet Fraud Complaint Center (IFCC), a federal agency that acts as a clearinghouse for online scams. Five reports came in that morning from the IFCC, all involving the same alleged perpetrator: one Stewart Richardson, who operated a small shop just down the road from Hamm's office in White Lake Township. From there, Richardson ran a business selling collectible figurines -- glass, porcelain, and ceramic angels and elves from Hummel and other makers.


Each report described how a buyer had won an online auction on eBay (EBAY), sent money to Richardson, and received nothing in return. The size of the claims quickly caught Hamm's eye: Whereas the typical online auction victim complained of losing $200 or so, these customers were claiming losses of anywhere from $1,000 to $20,000.


Hamm was mulling over the information when his boss, Sgt. Joe Duke, told him that Lt. Ed Harris of the White Lake Police was on the phone. Harris, it turned out, had already received a dozen or so phone calls from enraged Richardson customers around the country. Duke also learned that just five days earlier, Richardson's wife had reported that her husband had left for lunch, cleaned out their bank accounts, and never returned.


The emerging details left Hamm, Duke, and FBI agents pondering the same question: How could so many people have turned over so much money to a man they knew only through an online auction, without any proof that they'd receive merchandise in return -- or even that the merchandise existed?


The answer points to a glaring hole in the eBay user-evaluation system -- in which buyers and sellers post ratings and comments about each other. The feedback system is designed to protect against unscrupulous buyers and sellers. But it also can fail to alert people to fraud -- and can even be used as a central element of the scam itself. It's a situation that might give pause to anyone thinking of purchasing high-value items on eBay, given that eBay itself holds up the rating system as the main, and in some cases only, line of defense against fraud.


Widely considered the crown jewel of Internet companies, eBay turned a profit of $48 million on revenue of $245 million in the last quarter, up 125 and 59 percent from the year before, respectively. The company has never denied that its more than 35 million users are vulnerable to fraud, but it says the problem is minimal. "We do $30 million a day in business, and the great majority of people play by the rules," says eBay spokesman Kevin Purseglove.


Yet eBay is keenly aware that its business is built on trust, and that limiting the amount of fraud on its site is critical to the health of its business. As Richard Trinker, an analyst with Gartner Inc., says, problems with fraud can "have a significant effect on the way people perceive eBay's character." Fraud could damage eBay's reputation to the point where it scares people away from the site.



Not surprisingly, eBay tends not to publicize the details of various frauds perpetrated on its site. The scams that have attracted attention (see "Other eBay Scams.") generally have come to light only after lawyers and prosecutors got involved.


Moreover, evidence suggests that eBay's stated fraud rate -- less than 0.1 percent of all transactions -- represents only a fraction of the problem. For one thing, an untold number of victims simply don't bother to report a fraud, either out of embarrassment, a feeling that the process will be too time-consuming, or a belief that it won't do any good. In addition, fraud can be reported variously to eBay, the IFCC, the National Consumers League, or local police, leading each to end up with low figures. All this is why Robert Posica, an FBI supervisory special agent who co-manages the IFCC, says incidents of fraud on eBay are "vastly underreported."


What's more, eBay doesn't include in its figures fraud claims that its investigators can't or won't confirm; in other words, it isn't fraud until eBay says it's fraud. eBay also won't say what percentage of transactions result in claims of fraud. A survey conducted last year by the National Consumers League's Internet Fraud Watch program, however, found that 41 percent of all online auction buyers claimed to have been bilked in some way by sellers, leading to an average loss of $326. (For its part, eBay says buyers commit more fraud than sellers, as when a buyer uses a stolen credit card.)


Another survey, conducted by the IFCC, found that auction fraud alone accounts for 43 percent of all reported Internet fraud. (eBay has about 90 percent of the online consumer auction market.) "eBay is one of the perfect uses of the Internet," Posica says. "But you have to be smart enough to know who you're dealing with."


For Richardson's customers, that would have required going to the state police headquarters in Lansing, Mich., or searching the state's database of criminals. By the time Richardson turned 18, he was in prison for car theft. Other crimes, including gun theft and assault with intent to murder, kept him there for much of the next decade. After Richardson was released in 1967, he apparently straightened out. He gravitated to a small-time entrepreneurial career, dabbling in real estate and then antiques.



He married and had a daughter, then divorced and married again. By the time he married his third wife, Arlene, in the mid-1990s, he had turned to the collectible figurines business. Richardson specialized in figurines that were no longer available and thus had some cachet among collectors. Inevitably, Richardson discovered eBay.


In February 1998, in what was apparently one of his first forays onto eBay, Richardson bid on and won two auctions. According to eBay's records, he contacted the sellers, furious that they wouldn't ship the items to him until they had his cash in their bank accounts. Who did business that way? he argued. What would prevent them from keeping the money and not sending the merchandise? He soon had his answer: After Richardson backed out of the deals, both sellers posted negative feedback about him.



Richardson quickly learned his lesson. A few days later, he earned praise from a seller for his courteous manner and fast payment, the first in what would be a long and rarely broken string of positive ratings. In a total of more than 6,270 auctions between early 1998 and the beginning of 2002, he earned more than 6,170 positive ratings and only 43 negative ones. Comments like this one -- "Great Seller! Great Merchandise! Speedy Delivery! Highly Recommend!!!!" -- filled his feedback page.


Richardson's eBay and other online dealings -- he also maintained a website -- dominated his business, making his shop more of a warehouse and shipping depot. Neighbors at the strip mall say the local post office often sent over a van two or three times a day to pick up the packages he and his three employees prepared. Most of the items he sold were given to him on consignment, for which he normally kept 40 percent of the selling price, typically in the range of $100 to $500.


To his neighbors, Richardson cut a prosperous, if standoffish, figure. He often wore a coat and tie, rarely struck up conversations, and kept himself busy, sometimes staying at his shop until 9 p.m. At the television repair shop next door, Wayne "Bubba" Laginess said he would hear Richardson get into screaming arguments with his wife, who ran a scrapbook shop two doors down.


In late December, Richardson started to post on eBay an unusually large number of figurine auctions -- well over 100 within a few days. Most were highly sought-after pieces, and described as in excellent condition. They were all part of an estate sale for which Richardson was acting as agent, the postings explained. For that reason, payment from winning bidders had to be received within seven days after the auctions closed, on Jan. 4.


It was like leading lambs to the slaughter.



http://www.business2.com/articles/mag/0,1640,42194,FF.html

Jolie Rouge
08-05-2002, 11:10 PM
Midday on Jan. 17, Richardson left his shop and his apparently clueless wife and employees, withdrew at least $261,000 from the business bank account and at least one secret account -- he had already withdrawn $60,000 a week earlier -- and drove to the airport, according to investigators. Several Hummels lay scattered on the floor of Richardson's van when the police found it the next week. Richardson, who is accused of bilking his customers out of more than $300,000, is still at large.


The estate sale, along with the existence of the great majority of the pieces Richardson was offering on its behalf, was entirely fictitious, according to law enforcement. Police say the estate story provided cover for demanding rapid payment and delaying shipping. To further maximize his take, Richardson had sold many of the same nonexistent items to multiple parties by telling losing bidders that the top bidder had backed out and the item was still available, a common type of transaction on eBay.


On Jan. 21, for the first time in his four years of trading on eBay, Richardson's feedback started going negative.


Since 1999, eBay has employed a team of specialists -- it won't disclose how large -- to detect and investigate fraud. The company has tightened the system to prevent scammers from hiding behind phony identities. And this spring, eBay added a software program that sniffs out con artists by detecting suspicious behavior. Yet even with these measures, eBay says that what really holds fraud in check is the feedback system itself. "Generally, feedback is a great indicator," says Rob Chesnut, a former federal prosecutor who heads eBay's fraud team in San Jose.


Savvy buyers tend to avoid sellers who've racked up more than a small number of critical comments. So while it may be easy for a seller to defraud a few people on eBay simply by taking their payments and not sending the merchandise, theoretically the resulting negative feedback will ensure that he or she won't get away with it for long.


Yet problems persist. First, buyers are reluctant to post negative feedback about a seller out of the entirely justified fear that the seller will post "retaliatory" negative feedback. And second, even after someone has been ripped off, the system can't immediately warn others because of the time lag between when a buyer's check clears and when the delivery date passes -- as happened in the Richardson case.


During that period, which can last several weeks, a seller with positive ratings can run a number of bogus auctions without receiving any negative feedback. It's akin to a Ponzi scheme: Buyers do well in the early rounds, and their very satisfaction is what sets them and other buyers up for a skinning in the final rounds. "The system assumes the seller will stay around," says James Van Dyke, research director at Jupiter Media Metrix.



Is there a way to avoid being taken in online auctions? The obvious and safest approach is to stay clear of them. "eBay has done a great job of creating a warm and fuzzy image of itself as the place to swap and shop," says Ken Hall, who writes a syndicated column about antiques and collectibles, "but it's a free-for-all."


On the other hand, there were a few tip-offs in Richardson's online activity that could in theory have alerted a super-astute buyer to potential fraud. There was a sudden escalation in the price of items he was selling (because he needed to take in a lot of money fast before the negative feedback started flooding in); he demanded quick payment (for the same reason); he was selling items he didn't claim to have in his possession (to explain the delay in shipping, and to prevent nearby buyers from showing up at his store to look at the merchandise); and he posted recognizably stock photographs of the merchandise that can be downloaded from various websites.




Some of the people who bid on Richardson's phony auctions claim they were lulled into trusting him in part because he ran an actual shop, suggesting he was unlikely to be a fly-by-night operator. But if they'd had the opportunity to look closer, buyers might have recognized that Richardson's shop offered little assurance. It was a tiny affair with scant walk-in business; there wasn't much investment in either the space or the inventory, since he dealt mostly in consignment items. It wasn't unlike the sort of operation many eBay PowerSellers set up in their garages.


In the end, the information that can be gleaned on eBay is probably just not sufficient to determine a seller's legitimacy. That's what Jason Steinberg, for one, has concluded. Steinberg, who lives in New York, sent Richardson a personal check for $1,050 to cover his winning bid on a Hummel figurine intended as a gift for his mother. "I did everything I could to see if this guy was legitimate," he says. "What could I do differently next time?"


For one thing, he could pay by credit card. Many credit card companies eventually agree to absorb these losses. He could also use an online payment go-between service such as PayPal (PYPL), which offers some protection as well. (See "Cutting the Risk of Buying on eBay.") The problem is that plenty of legitimate sellers won't accept credit cards or agree to escrow arrangements because they don't want to bother with the hassle.


eBay offers to reimburse defrauded buyers for as much as $200, but even that compensation can be difficult to obtain. "They've been impossible to deal with," Steinberg says. (eBay's Purseglove concedes that the company can be hard to reach and slow to follow through on fraud reports.)



While Richardson probably doesn't know it, he drew the bad luck of operating out of one of the few places served by a local government that takes an aggressive stance against computer crime. Besides having established an active computer crime unit, Oakland County has proved itself willing and even eager to throw considerable resources behind extraditing and prosecuting high-tech scammers, as when it dragged a Texas man up to face trial for selling counterfeit software via a local post office box last year. "We work hard to make shopping centers safe. Why shouldn't we do the same for Internet shoppers?" says Michael Bouchard, the county sheriff.


The county's fugitive squad is on the case, Sgt. Duke reports. But he concedes that even in Oakland County, the typical online auction fraud criminal isn't likely to see the inside of a police station, due to weak laws and the small perceived payoff in pursuing someone who has ripped off a few dozen people scattered around the country. More likely, Richardson will be apprehended by the FBI, which has the manpower for a nationwide fugitive watch. The FBI filed an affidavit that led to a warrant for Richardson's arrest in early March, though the agency won't comment on active investigations.




According to Duke, the FBI is focusing its attention on Las Vegas. For one thing, a search of Richardson's bedroom revealed he had taken only warm-weather clothing. More important, the agency suspects that Richardson may be a heavy gambler, based on evidence that he had visited online gambling sites and that he made comments about wanting to play high-stakes poker.


Meanwhile, figurine enthusiasts are keeping one another informed on several online message boards. One recent posting relayed the news that a body had been found in White Lake. To the disappointment of many, it did not turn out to be Richardson's.

Jolie Rouge
08-05-2002, 11:24 PM
OTHER EBAY SCAMS

SCAM - Bogus baseballs
WHEN - Through 2000
HOW IT WORKED - Sports memorabilia sellers added phony autographs to drive up bids on baseballs.
TAKE - $10 million*
RESOLUTION - eBay was found not liable. Two of the scammers were sentenced to 41 months in prison; another was sentenced to 400 hours of community service.

SCAM - Counterfeit art
WHEN - May 2000
HOW IT WORKED - Kenneth Walton offered a painting on which he forged the initials "R.D.," trying to pass it off as a work by Richard Diebenkorn.
TAKE - Bidding reached $135,805
RESOLUTION - eBay banned Walton from the site; Walton and an associate pleaded guilty to wire and mail fraud and were forced to pay $100,000 in restitution.

SCAM - Fictional computers
WHEN - 1998
HOW IT WORKED - Craig Hare auctioned PCs, collected money, and sent ~~ absolutely nothing.
TAKE - $22,000
RESOLUTION - Hare pleaded guilty to wire fraud, was ordered by the court to pay restitution, and was banned for life from selling on the Internet.

*According to a class-action lawsuit against eBay.



CUTTING THE RISK OF BUYING ON EBAY

PROVIDER - American Express, Visa, MasterCard
PROTECTION - Pay by credit card, contest charge through card issuer if defrauded
COST - None
COVERAGE - As much as full protection for any amount charged
DOWNSIDE - Many sellers don't accept credit cards; even if they do, giving card information to a stranger is a risk in itself. Also, card issuers can require exhaustive proof of fraud.

PROVIDER - eBay
PROTECTION - Automatic insurance for any winning eBay bidder
COST - None
COVERAGE - as much as $200
DOWNSIDE - Reimbursement is limited. Plus, defrauded users complain that eBay's customer service unit often doesn't return e-mails and can be impossible to get on the phone.

PROVIDER - Escrow.com
PROTECTION - Buyer sends payment to Escrow.com, which releases payment to seller after buyer gives thumbs-up
COST - .85% to 6% of purchase price, typically paid by buyer
COVERAGE - As much as full protection for total amount paid
DOWNSIDE - Most sellers won't agree to it.
Cost is prohibitive for items worth less than $500.

PROVIDER - PayPal Service debits your credit card or bank account, PROTECTION - pays seller; will reimburse a portion if you're defrauded
COST - None
COVERAGE - $200 over and above what eBay pays
DOWNSIDE - Some sellers don't accept PayPal. Also, the service reimburses you only after eBay has done so.

janelle
08-05-2002, 11:43 PM
I got an email from ebay advertising how to make lots of money on their site. They have you buy things from a warehouse and resale the items on ebay making a profit. Not sure how this would work since I didn't look into it but people are out there to make a business off of ebay and ligitamately. Some will take advantage of any system.

Why doesn't ebay have the seller send the item to them and the buyer send the money to them and they could be the go between? That would cut down on fraud. If one or the other doesn't come through just send the money or the item back.

kelblend
08-05-2002, 11:44 PM
Thanks for posting. Makes me glad I have never bought or sold there or at any auction for that matter. Of course, I'm quite sure bbs wouldn't be quite like that if I wanted to try somewhere.:D