Minneapolis, MN asked in Criminal Law for Minnesota

Q: I need advice on a theft by swindle.

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.

Related Topics:
3 Lawyer Answers
William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: 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
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: 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
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.