Thursday, December 1, 2011

10th Circuit affirms conviction in Craigslist scam

The Tenth Circuit has affirmed a conviction of wire fraud and identity theft and various sentencing enhancements. The defendant, an Oklahoma citizen, had posted multiple ads on Craigslist soliciting people with a great deal of debt. He told them that if they paid him half the amount, the rest would be taken care of through a debt-assistance program. Once someone contacted them, the defendant used stolen credit cards and bank account numbers to pay the bills. When the payments were discovered to be fraudulent and were reversed, the victims contacted the defendant, whose number (a prepaid cell phone) had been disconnected.

While the defendant was not the one who posted all of the ads, others used his alias in relation to the act, supporting the aiding and abetting charge. Another ad was posted from a local library, but it was reasonably attributable to the defendant. The court also upheld the identity theft charge, finding that although the defendant did not actually steal the information, he knowingly used it to make payments.

Sentencing enhancements were also made for being the leader or organizer of the act and obstruction of justice.

The case is United States v. Lawrence, 449 Fed. Appx. 713 (9th Cir. 2011) (affirming United States v. Lawrence, 2010 WL 1875647 (W.D. Okla. 2010).

Craigslist is an online, classified advertising website. Typically, ads can be placed for free without creating an account - users simply provide contact information for those interested. Job posts, apartment rentals, and therapeutic services may have posting fees depending on location. The website has before run into several legal issues including alleged sex trafficking and prostitution. As a result, Craigslist closed its erotic services board in September 2010.

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