( 2 reviews)
5.0
5.0
Who purchased through eBay in the past inexpensive (used) Windows software and an associated certificate of authenticity, against could possibly inter alia a prosecution pending investigation be operated because of the initial suspicions of money laundering (!). What sounds like a bad joke, has unfortunately become reality. My firm represented recently a corresponding unsuspecting eBay buyers in such a preliminary investigation against the prosecutor Koblenz (Az. 2050 Js 78318/15) .
Fake COA from Asia
The client acquired in 2011 a used Windows XP version in addition to authenticity gehörigem time certificate from a commercial eBay seller with over 37,000 positive reviews at a price of 20.00 euros. Against the seller was operated by the public prosecutor in Frankfurt / Oder, a criminal proceeding, as the COA (certificate of authenticity), which he mitverkaufte, came from Asia and to be fake.
offenses tacitly accepted
the Frankfurt / Oder prosecutor reached during the procedure to the conclusion that purchasers of this software and COA should have noticed that the normal market price would not be at 20.00 euros, but in about 60 , 00 Euro. A suspected acquiring unauthorized software would have to impose the buyers, so the prosecution. The purchaser would have at least taken violations of § 106 of the Copyright Act and to § 261 of the Criminal Code (money laundering) thus approvingly accepted. Measure of the market price in that regard, the platform “comparison”, where reference prices from the buyers could be found.
37,000 positive reviews of this seller
prosecutors Frankfurt / Oder and Koblenz shoot so far over the top. The views of authorities are to be regarded as absurd, absurd and unrealistic. None buyers on eBay can be expected to first have to make a comparison of the items offered on eBay. It is also known for bargain just eBay. If one also acquires as a buyer to a seller, which has more than 37,000 likes, one may initially assume that everything is fine with your purchased item. Who takes a different view, so automatically criminalized any unsuspecting and innocent eBay users.
Representation to investigation useful
Allen eBay buyers, against the investigation for money laundering, copyright infringements or stolen goods is operated, is suggested to be represented by counsel already in proceedings against the respective prosecutor. Firstly because only an attorney may apply for access to the file and thus to establish the facts. Secondly, because a lawyer for the authority the nonsense of the investigation then rather convey. And the last, because with each successive stage of the procedure increases the chance of possibly very costly condemnation of the buyer.
Against our clients the investigations were set. If necessary, we advise you nationwide and pleased to hear from you.
Tobias Kläner, Lawyer
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