Quote from: MeSarah on January 10, 2013, 10:32:22 AM

@ MichaelBliss

I can only speak to my understand of US law and I haven't fully researched what I'm about to speak of, further it is not meant to be legal advice.

My understanding is there are consumer protection laws that require a product purchased, on a website within the US, to be shipped within a maximum of 60 days. These consumer protection laws at the least have civil sanctions and at the most criminal penalties. So when a refund is issues the most you can lose is the difference in currency value conversion of 60 days from date of purchase. It can be argued, maybe unsuccessfully, if additional purchases were made that the date for which the clock begins starts at the date of the first purchase. So at a maximum the amount refunded must be calculated at 60 days from purchase, if not shipped within 60 days, and not longer. If any funds are transferred via an electronic method (Bitcion or bank wire transfers) that are not in accordance with the 60 days from purchase calculation it would constitute wire fraud. If the funds are transferred not in accordance with the 60 days from purchase calculation via a mail system (USPS, Fedex, UPS, DHL) using a monetary instrument it would constitute mail fraud.

It is also my understanding that if an electronic device is transferred via a mail system, that requires FCC regulation compliance and the device is not in compliance with regulations, to a US customer it would constitute mail fraud. As I have stated before I am unaware that Tom has any type of incorporation that would protect himself or his employees from civil and criminal penalties.

Is Tom going to pay for Dave's criminal defense attorney and how, with your preorder funds? Is Dave willing to go to jail because Tom directed Dave to engage in felonious activity? Are the new owners going to assume the financial liability for Dave's criminal defense? Will Dave sue Tom or his company for liability if a criminal prosecution occurs? Or will the new owners just buy the intellectual property from Tom?

Dave, you might want to seek a free consultation with a criminal defense attorney. It is better to be safe than sorry. Although the damage might have already been done but you can mitigate further damage by terminating your employment with Tom.

If you want to exact your pound of flesh, one might start by filling criminal activity reports with the district attorney's office in the county where Tom resides, the New York Attorney General's office, the FBI, the FCC, the Mail Inspector General's office and your local law enforcement agencies.

Ignorance of the law is not an accepted legal defense.

If you send him to jail then he won't be able to spend more time with his family, one of the reason this piece of shit stated he was bailing.