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Josh Graham - an 'Impact'-ing Tale of grand theft.

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Miss Click    2458

http://blogs.findlaw.com/law_and_life/2014/05/legal-how-to-using-facebook-as-evidence.html

 

 

2. Be Prepared to Authenticate the Evidence.

 

Before evidence can be admitted, it must be authenticated. This is where using Facebook posts in court can get tricky.

Simply showing that the post or message originated from another person's Facebook profile may not be enough. This came up in a 2011 Connecticut case: Although the defendant showed that Facebook messages did in fact come from the account of the person in question, he failed to prove that the account owner had personally written the messages.

 

Ideally, getting the Facebook user to admit he or she posted the image, message, or update in question is best method of authentication. Absent that, however, evidence showing that the person was aware of the content of the posting, along with witnesses who may have seen the person posting it (and other evidence that the person was in control of his or her Facebook account) will go a long way toward authenticating Facebook evidence.

 

 

Essentially, the account isn't necessarily the person behind that message (even if they have been for the most of the account's duration). This is the problem I was referring to and why I wasn't or (or at least wouldn't have been easily) able to prosecute the guy who sent me a death threat.

 

I said it was awkward and circumstantial (or rather demonstrative as the above link put it), I didn't say it was useless.

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»Turkey    1547

Josh ripped me for over $100 in cards when I was 14. That was a lot of money to me at the time.

 

The unbelievable part is that he stole thousands of dollars in cards from people for the better part of a decade, and nothing was ever done about it. 

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xXShadowXx    239
Hey everyone. I'm honestly sad that this day had to come, but happy at the same time. I'm at work right now so I'll reply to comments and questions later tonight when I get home.
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Mutavault    2905

He stole my friends laptop and then asked on facebook, "anyone want to buy a laptop I grabbed one at Indy lol" My friend seen it asked him if he had a specific brand and specifics of the laptop and Josh said "yes" so then my friend responded with "It was probably mine you stole, so how much do I have to pay for you to sell me back my own laptop?" And then Josh deleted his entire post when everyone was saying Josh was fucked etc...

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I believe that it's not grand theft until it hits $5,000 but still.

 

Varries by state, but very few states go that high. Some are as low as $200.

http://blogs.findlaw.com/law_and_life/2014/05/legal-how-to-using-facebook-as-evidence.html

 

 

2. Be Prepared to Authenticate the Evidence.

 

Before evidence can be admitted, it must be authenticated. This is where using Facebook posts in court can get tricky.

Simply showing that the post or message originated from another person's Facebook profile may not be enough. This came up in a 2011 Connecticut case: Although the defendant showed that Facebook messages did in fact come from the account of the person in question, he failed to prove that the account owner had personally written the messages.

 

Ideally, getting the Facebook user to admit he or she posted the image, message, or update in question is best method of authentication. Absent that, however, evidence showing that the person was aware of the content of the posting, along with witnesses who may have seen the person posting it (and other evidence that the person was in control of his or her Facebook account) will go a long way toward authenticating Facebook evidence.

 

 

Essentially, the account isn't necessarily the person behind that message (even if they have been for the most of the account's duration). This is the problem I was referring to and why I wasn't or (or at least wouldn't have been easily) able to prosecute the guy who sent me a death threat.

 

I said it was awkward and circumstantial (or rather demonstrative as the above link put it), I didn't say it was useless.

As someone else stated in the thread, beginning to pay the guy back would almost certainly hold up as an admission of guilt. Also, the major issue in the case you brought up seems to be the difficulty of proving that the person who wrote the message is also the owner of the account. Being that the conversation went on for literally months, I'd imagine that the argument isn't anywhere near as valid. The problem in Connecticut v. Eleck is that is was more of a short-term series of messages, and the defendant claimed to have lost access to his/her account "3-4 weeks" prior to the event taking place. Here, I'm sure someone can confirm Josh was actually in possession of his facebook account between Feb 9th, and today.

note: not a lawyer

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Miss Click    2458

Has he actually paid him back at all? Or did he just claim that he is? It is probably pretty open and shut if he has actually paid any amount back.

 

You are right in both that the conversation being months long and the strong likelihood of their being credible witnesses for Josh's account being intact during the discourse are strong arguments to it being Josh who wrote all those messages.

 

But all I mentioned was that using facebook as evidence can be a tricky area legally and should be something prepared carefully. Not that this particular case is doomed because lolfacebook or anything. All I intended to do was make an indirectly related point.

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+mmf+    23071

Josh ripped me for over $100 in cards when I was 14. That was a lot of money to me at the time.

 

The unbelievable part is that he stole thousands of dollars in cards from people for the better part of a decade, and nothing was ever done about it. 

becus he is a nice guy wen u play yugioh with him online

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ozy    726

I mean if anything it's not really facebook stuff but the statute of limitations that would be more issues legal wise. I am nothing remotely resembling a lawyer and as such don't have any idea what they'd be on felony theft, where the jurisdictions would be (considering this has apparently gone all over NA, his shit was shipped to Mexico, there is bits when Josh was in Canada it looks like, and then of course the US).

 

Just saying.

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Miss Click    2458

He did make one payment of 250 while promising 272, and claiming 'next time ill pay 300 to make up for it'. This is stated in the OP.

 

So it is.

 

I mean if anything it's not really facebook stuff but the statute of limitations that would be more issues legal wise. I am nothing remotely resembling a lawyer and as such don't have any idea what they'd be on felony theft, where the jurisdictions would be (considering this has apparently gone all over NA, his shit was shipped to Mexico, there is bits when Josh was in Canada it looks like, and then of course the US).

 

Just saying.

 

ITT: Law is complicated.

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+mmf+    23071

btw im pretty sure he cant be prosecuted for this sort of shit (at least from the little i know about us law regarding it). it might be different when terms of trading are agreed to online and then violated but anyone else who kept up with the theft incident at long beach will remember that as far as the law is concerned (i'm not sure if this is state law, federal law, or both) your yugioh cards arent worth shit since it's impossible to legally confirm the value of singles via receipt or proof of purchase or anything like that. it's not enough to show that the card is consistently being sold on ebay for a certain price or whatever. if my understanding is correct, josh might as well have told the guy he'd pay him $4000 for mailing him a binder full of blank slips of cardboard -- probably still legally in the wrong, but nowhere near grand theft or anything like that as far as the law is concerned. i imagine ben and any of the other legal-minded folk we have here will share more about this if/when he/they read this thread

 

in other words, social sanctions are the only way we can regulate and punish this sort of behavior as a community. post this on every hearthstone subreddit, link it to all of your friends who keep up with hearthstone and/or who would recognize him

 

i know i promised i'd stop bringing mtg into everything but this article hasn't stopped being relevant and i suspect that levin's recounting of his personal interactions with alex will hit a little close to home for many of the people on this site who came up respecting/revering josh. it certainly did for me

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Mail Fraud was the first thing that came to mind when it was a shipment and payment wasn't issued, but I'm the farthest thing from a lawyer on this site.

 

At the end of the day, a product was appraised, valued, a commitment to purchase was made, a payment agreement was formed, its first payment was honoured, and it has been subsequently ignored. There is certainly something here.

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Mutavault    2905

When i got ripped on pojo back in the day i went to the police and they told me I quote "I hope you learned a good lesson from all of this"

 

Good to see the tax dollars going to good use I was so mad.

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+mmf+    23071

i still haven't gotten back any of the money or cards that scruffy the janitor stole from me on this site

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+mmf+    23071

scruffy if i c u in the streets imma slap the SHIT outta u till i get my GOD DAMN $40

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+lo fi    2678

scruffy if i c u in the streets imma slap the SHIT outta u till i get my GOD DAMN $40

 

133612430337.png

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+.ben.    7475

scruffy if i c u in the streets imma slap the SHIT outta u till i get my GOD DAMN $40

 

133612430337.png

 What fevered dream is this that threatens to tear our forum in twain

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Soul    7979

yung lean and spooky black in the sig GODDAMN. you going to the show next week brah?

 

more on topic, this made me question my friendship with josh. $4000 worth of shit is no joke, especially when josh is always bragging to people how rich his family is.

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»Pharaoh Atem    15831
Never cross someone who comes to me for help.
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Capsu!e    30

Damn this situation sucks. I feel bad for Sean as someone who got married young as well. It's not easy starting a life paying for a wedding and also being a newlywed. I'm not surprised based on what happened with Josh trying to scam more people via Facebook. 

 

P.s. Should this be linked in the Hearthstone Facebook group he's in?

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