Quote:
Originally Posted by the_chach
My 2 cents on this after reading this thread and some posts in the Archie thread -Yes nba acted badly toward you Lefort but that doesn't change the fact that you received stolen goods. If the police were involved you would indeed have to return the funds. Had nba's account instead won money from you on those flips, the funds he won would likewise need to be returned to you if they had been seized. Seems pretty clear cut to me.
This is incorrect. If the scammer had stolen nba_guru's television and sold it to Lefort, nba-guru could get the television back under the law (in the US at least, but also in most other places) and Lefort would be stuck having to chase the scammer to get whatever he paid for the television. That's called a replevin action. (Incidentally, whether he bought it out of the back of a van or in circumstances that appeared totally legit is irrelevant, the original owner can recover his stolen property in a replevin action from a totally innocent purchaser and the purchaser is stuck having to chase the thief to get his money back. It sucks for both, but the law gives the property back to the original owner.)
However, cash is an exception and is excluded from the replevin rules, so if someone steals cash and spends it at the store (or loses it at PLO), the original victim can't get the cash back. The reasons for the exception for cash are pretty apparent from all of the examples given above of other circumstances where you don't have to return cash to the victim of a thief.
That's your free law lesson for the day.