I need advice on a theft by swindle.

Question

I was selling my birds. A lady contacted me to purchase them, and proved she would not care for them right. I told her no, and kept looking. A guy contacted me and told me he would take the birds to his home in Wisconsin, where just he lives, and they would be his birds. 2 months later the woman contacted me saying "you shouldn't have said no, I have the birds". She went on to tell me the man was her boyfriend and knew every detail of him buying the birds, and I had no knowledge that she would end up with the birds or I would have never sold them to the man. I believe it was theft by swindle and would like my birds back, as this lady is unfit to care for them, and the entire deal was misrepresented, and I was lied to about who the birds would be going to. She provided all details of the sale, which basically was a set up for her to get the birds.

William Bailey · Answer

I don’t believe there has been a theft. It sounds like you sold birds to someone who then did something you didn’t like with them.

Jonathan Matthew Holson · Answer

You could certainly report the matter to law enforcement, but I’m not sure this qualifies as a theft. You received payment for the birds.  The fact that someone acted as a cut out for the purchase of the birds doesn’t necessarily make the situation a crime.

Thomas C Gallagher · Answer

Assuming the person paid the agreed price for the bird, it's unlikely that police or prosecutors would view that as  a theft crime of any kind.  Perhaps contact a civil attorney about potential civil law remedies to try to get the birds back.

Q: I need advice on a theft by swindle.