iMad at eBay Auction Fraud
What we would like to see eBay change
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I ordered one Titanium G4 667mHz computer, with CD/DVD drive, Friday January 5, 2002, using the eBay web site, from a group called ShadowSB, Smith/Berkeley, LLC. Following ShadowsSB instructions, $2575.00 was wired to ShadowSB's Fleet National Bank Account, on January 9, 2002.
A day or so later, ShadowSB employee Drew assured me that the product would be shipped 10-14 days after the supplier received payment from ShadowSB (It was later revealed that the supplier was already not sending the product). Shortly after, the ShadowSB website tracking system said the product shipped January 29th. I also received an e-mail stating that the product had been sent and thanking me for my purchase on the same day.
The product was not shipped. After many conflicting e-mails regarding when it was going to be sent, on February 15, 2002 I demanded a refund from ShadowSB owner Teresa Smith. I was reassured many times that I would be receiving tracking numbers from the supplier. I later found out that this would have been impossible because the supplier stopped sending orders in December. This was mid-February. In a personal message, dated 2/15/02 Drew stated the product was being shipped. I received several misleading and conflicting e-mails from Teresa.
By February 21st, I informed Teresa and Drew that I would be seeking legal counsel if I did not receive a refund immediately. I then received a telephone message that my order was being shipped, complete with tracking number. When the "computer" arrived, February 26th, it was a refund check, drawn to the Smith/Berkeley Fleet account. The check was deposited in my father's bank account, which had been used to wire the original money. The check bounced.
On February 26th, I received an e-mail from United States Postal Service Investigator Steve Bolz, who informed me that an investigation of ShadowSB was in progress. "We conduct investigations involving a variety of federal criminal violations, including the federal Mail Fraud and Wire Fraud statutes." Included on this e-mail was a list of other people that were still waiting on product which they had paid for.
For the next 2 months those on the list exchanged e-mails regarding each other's status of refund and or product shipment. I was amazed almost daily by the number of e-mails telling stories similar to mine. ShadowSb and Teresa Smith had lied and misled everyone. Within a few days 25-35 people were on the list.
I have kept all e-mail correspondence from this group. Many members received bad checks, many received empty envelopes. Many wanted to press charges, some wanted to go to the media and had started to pursue those means, others wanted to wait it out, still hoping Teresa was telling the truth. By this time, Teresa's employees had quit. She was on her own.
We were soon contacted by a detective Dugan in Boylston, investigating Teresa and ShadowSB. Teresa eventually started to work with the detective. The detective suggested we have patience while they worked it out. He informed me on the phone that Teresa's supplier had her money but was not sending orders or refunds. Detective Dugan told us that the supplier was in Colorado and that local detectives were working with him. He would not disclose the supplier's name.
From the end of February until the end of two weeks ago, Teresa repeatedly asked us to believe her and to wait as they sorted it out. The group started to keep a list of all those that actually had been refunded and those that still were waiting refunds. Most communications told of misleading information and lies from Teresa. Detective Dugan even admitted to this April 9th, 2002.
Teresa informed the group that she was to receive refunds from "Traci" at the suppliers in five payments. Teresa said the supplier had $235,000 for orders from Teresa. She had been taking orders from the end of December through February and no orders were going out. She stated that she was going to receive the last of these payments by April 1.
During the week of March 23rd, seven people were refunded. On March 27th, eight more people received refunds, apparently all were good. Most were done by bank wire. Others, including myself were promised refunds. Teresa promised to send a check. I gave her bank information again, to have it wired directly. She agreed, saying it would be wired by the end of the day March 29th. By Tuesday, April 2nd I still hadn't received any money or word from Teresa. That afternoon, I received an e-mail that had gone out to several people awaiting refund checks. She said that there was a problem with Fed-Ex and our check was going out that night. There was no acknowledgment that she had agreed to a wire. I demanded an explanation. She said that the check would be a certified check that would be drawn on bank funds.
Four days later, I received a check from her, but it was not a certified check. It was a personal check for the total owed. I deposited the check. I called Fleet National Bank where I found that there were "currently insufficient funds" in her account. This reflects what many other people of the group are experiencing. Teresa last informed us that "if any of these check bounce I will go to jail," and that Detective Dugan is watching very closely. One member met with a manager of Fleet National bank on April 9, 2002 in New Jersey and reported that her account had been frozen and none of her checks could be honored. Latest development is from today where a member of the group found out from the Better Business Bureau that " So far Smith Berkeley Communication LLC d.b.a. Smith/Berkeley LLC, ShadowSB, Bulletproof Industries, Cheap Trick Sales and DRJ Co., LLC, has an unsatisfactory record with the Bureau due to one or more unanswered complaints regarding non-receipt of a purchased computer."
The last personal check I received just bounced Monday April 15th, 2002. Teresa's Fleet bank account has been frozen for an undisclosed reason. I haven't heard from her in over 2 weeks, now April 18, 2002.