eBay Scheme Earns Reprimand for Lawyer
The Delaware Supreme Court yesterday issued a public reprimand against lawyer Joseph N. Gielata for "an ill conceived plan" to orchestrate eBay purchases in order to recover treble damages from PayPal. Seeking to cash in on a money-back guarantee PayPal offered, Gielata reportedly sold a friend three paintings via eBay for $3,000 then represented the friend in a lawsuit against PayPal seeking to recover the purchase price plus treble damages and attorney fees. Gielata pled guilty to misdemeanor theft before facing the ethics complaint. The Supreme Court affirmed the recommendation of the state Board on Professional Responsibility, which concluded:
"The Panel believes that the evidence presented showed by clear and convincing evidence that there was a scheme, an ill conceived plan to get together with a friend, sell paintings to each other, make claims against Pay Pal and then pursue legal action to recover not only the Money Back Guarantee, but treble damages and attorney's fees."
[Hat tip to Legal Profession Blog.]
Posted by Robert J. Ambrogi on August 29, 2007 at 05:00 PM | Permalink
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