discuss [Resolved] Domainer Loses $26k On A Stolen Domain!

[Silentptnr]

Darn! Another scam and this time it is an experienced domainer James Booth.

James must have thought he was making a sound acquisition as he transferred approximately 26k to escrow for CQD.com. Instead, after completing the escrow, the domain was taken from his account by the registrar without notification and returned to the "true" owner.

Turns out the person that sold him the domain CQD.com, may not have been the true owner.

Apparently this incident involves several parties including the registrar and the escrow.


Thanks to Theo over at DomainGang for the tip on this.

 

[xynames]

My over all impression, after following this thread closely, is that James Booth has blood on his hands, to use the legal expression. Doesn't mean he is flat out culpable, but his role in this is not entirely innocent. If I were suing him I would be able to make much of his inconsistencies.

On the other hand, a good attorney could as well make something of contributory negligence on Rebecca's side.

 

[Silentptnr]

My over all impression, after following this thread closely, is that James Booth has blood on his hands, to use the legal expression. Doesn't mean he is flat out culpable, but his role in this is not entirely innocent. If I were suing him I would be able to make much of his inconsistencies.

On the other hand, a good attorney could as well make something of contributory negligence on Rebecca's side.

I agree.

 

[DNWon]

David, I hear you! Rebecca is an emotional wreck over this, has a tendency to lose focus and doesn't have the greatest eye for detail, but I'm willing to bet a ton, that almost every word she has said about this is true, the way it happened as long as you can sift through her outrage, and the stuff about the horses too!

 

[Silentptnr]

I believe we as a community should be helping both "victims" here. That's all.

It always burns me up when people tell me to spend my money. When people assume you have money, they know better how you should spend it.

I've had people charge me more for stuff just cause they believe I can afford it. Drives me nuts.

 

[wwwweb]

okay, sorry for venting a bit, but every time I read what Rebecca is posting, it doesn't make sense.

Look, here's a lead.....

Leat no longer works for Escrow.com. Therefore she cannot be stopped from telling what she remembers. Someone reach out to her and confirm some of this. There.

I think she left escrow.com in last month, or in Feb.

I think you are reading into her writing style, as she tends to have a sense of humor in her own anger, that kind of lightens the mood, it is a bit slangish, but this is just an informal forum, so no need for exact grammar. Her responses seem pretty consistent for someone on the outside looking in who isn't a domain professional looking to put the pieces together given this is a scam on a epic scale that has everyone scratching their heads. If you don't breathe domains on a daily basis, all this netsol, escrow, brokers, emails can be a lot to get your head around, while to maintain daily order.

 

[Chris Hydrick]

Why Grilled? So much of this makes no sense. I

So much of this doesn't make sense because @spoiltrider has attempted to answer questions she didn't have a full grasp on. And this whole ordeal has got her emotional. This appears to be a complicated / complex scam. And every day new things are found out (behind the scenes).

 

[Silentptnr]

David, I hear you! Rebecca is an emotional wreck over this, has a tendency to lose focus and doesn't have the greatest eye for detail, but I'm willing to bet a ton, that almost every word she has said about this is true, the way it happened as long as you can sift through her outrage, and the stuff about the horses too!

I agree and I haven't called her a liar. It's just that something so valuable??? Something that mean't everything to her???

I am very careful about claiming what I know versus what I think or believe.

 

[Silentptnr]

So much of this doesn't make sense because @spoiltrider has attempted to answer questions she didn't have a full grasp on. And this whole ordeal has got her emotional. This appears to be a complicated / complex scam. And every day new things are found out (behind the scenes).

Grilled you know I am looking into this too. Time I should be spending doing other things, I'm checking here and there for this.

If I play devil's advocate, it just might shake some things up.

 

[DNWon]

I believe we as a community should be helping both "victims" here. That's all.

James can't be helped by us, as he hasn't shared the first bit of evidence it would take to help him!

It always burns me up when people tell me to spend my money. When people assume you have money, they know better how you should spend it.

Nobody is telling anybody to spend any money. James already spent his 25K, but it didn't go to the right person? To ask Rebecca to spend any money is wrong, as she is a victim!

I've had people charge me more for stuff just cause they believe I can afford it. Drives me nuts.

Dress up for your banker, down for your lawyer!

 

[offthehandle]

On the other hand, a good attorney could as well make something of contributory negligence on Rebecca's side.

You are a Lawyer. Glad you reentered the thread! What do you mean by this statement? Never heard of it. Wouldn’t you advise your client to return it immediately, based on all that has been given? I see no legal reason to hold the property like its a ransom. Maybe there are more facts.

 

[equity78]

lol

Do you realize that Rebecca posted stuff that will never be deleted and will follow Namepros and James forever? Is there no decorum for pursuing justice?

No once a bar fight brawl breaks out there is no decorum, just ask Dana White and the UFC about today.

This has gotten beyond ugly while some people work out in the open and others are doing things in stealth mode. I believe that no one here has to answer to anyone, but they need to keep in mind there are consequences for their actions.

But what I would wish is that @BoothDomains would say look people I am never answering you, I have a lawyer this affects me and none of you, so talk amongst yourselves but I ain't ever giving you anything.

I remember years ago I was dealing with a problem in the .tv sub forum, and I asked one person (no longer on here) if they could act amicably, get something settled, because if not their reputation would be ruined. He replied fuck you, fuck namepros, I only care about my money.

I do think there are people here who just want Rebecca to get taken care of, and there are others helping, there are some that are on @Silentptnr side and looking to see the other side or just play Devil's advocate.

One thing that was made very clear in this thread, which is something I have written about for years, the hero worship with regards to people you don't even know. James made it clear when someone said he was a millionaire, that he is not one and not even close. So $25,000 means a lot more to James in my opinion, than what many others might think.

Someone brought up a good point here or on TheDomains.com that James might be trying to wait Rebecca out, run up legal bills, I have no idea if that is true, I certainly hope that it's not, but there are many options and possible results, not just the one the majority of us want (Rebecca getting CQD.com, James getting compensated from Escrow.com or finding the person who pulled off this scheme).

Again IMO

 

[equity78]

You are a Lawyer. Glad you reentered the thread! What do you mean by this statement? Never heard of it. Wouldn’t you advise your client to return it immediately, based on all that has been given? I see no legal reason to hold the property like its a ransom. Maybe there are more facts.

That the person was complacent, that failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant.

 

[Dave]

Wow, what a thread to get through.

Also, somebody asked in this thread how Escrow page could show this that or the other. It is so easy to fake screenshots of the browser, nobody should ever take for granted screenshots somebody sends you of something in their browser.

I mean, just yesterday look at whose account I discovered...

(of course I am kidding..)

 

[xynames]

You are a Lawyer. Glad you reentered the thread! What do you mean by this statement? Never heard of it. Wouldn’t you advise your client to return it immediately, based on all that has been given? I see no legal reason to hold the property like its a ransom. Maybe there are more facts.

Well the topic we have bantered about earlier, is whether the buyer here is a bona fide purchaser, and paid fair market value for the item. There was some erroneous interceding noise on this issue, but bottom line is that
The doctrine protects one who purchases in good faith, for value, without notice [of the tainted nature of the goods].

Assuming buyer is able to make out a prima facie case as having paid fair market value, then disgorging him of the item without any compensation turns on the issues of good faith / notice - did he know the domain was stolen? Should he have known? Would a reasonable person have known?

And these issues of good faith / notice , may turn on whether Rebecca was somehow negligent in giving the potential buyer any notice, or even, as some have implied, complicit in this matter. Did she "contribute" to this happening, either through action or inaction?

---

Anyway, my analysis remains that Booth is not innocent in this matter and either knew or should have known that something was wrong. This is just my feeling after reviewing the entire thread.

At the same time, it seems like Rebecca may have been negligent in not pursuing this matter when the domain was first taken from her (the first time, not even by Booth), and not clamping down the hatches after this first theft attempt, also perhaps in not pursuing the matter immediately as Booth was allegedly attempting to make contact with her about the domain, and in other ways, such that buyer might be able to argue successfully that he had no notice of anything wrong.

In the end, I think Booth will have to return the domain to her, but if she was contributorily negligent and he was indeed a bona fide purchaser, she might have to compensate him for what he paid before getting the domain back.

 

[tonecas]

OK guys. there is too much confusion in this thread and it is easy to make wrong assumptions.

for sure it is not easy to make a documented timeline of events and Rebecca's intervention has not helped to clarify things. But we should understand that this a person that got back online to discover her domain had been stolen. And she doesn't seem to be very tech savvy, notwithstanding apparently working in IT business in some way.

i will make a disclosure, that i believe is not harmful at this point, @Grilled has been doing an incredible forensic work and helping Rebecca get her act together in a comprehensible manner, and I was able to pick up on his work on some points. what I can say for now is that Rebecca's story, with some gaps to be filled, corroborates the theory of an hack of her account and that she never sold the domain.

so, i believe it will soon be clear that James Booth has no rights over the domain and that Network Solutions/Web.com have failed in their duties and due diligence.

thus, i am sorry to say, James Booth has a stolen property in his possession and if he holds it knowing this then I will let everyone draw their conclusion.

again, we are not talking about a newbie. there should be less complacency towards him, moreover when he does not come out showing his cards. Rebecca has been doing that even if in a messy and stressed way.

i am a guy that bends himself to pick up a nickle lost on the floor. i know the value of money and that every penny counts. but James Booth has built an online persona of a self accomplished and successful domain investor, moving millions in sales. so it is more hard to be benevolent with his position in this case, as if $25k was an immense loss to him. it is part of the business. you got scammed, have a stolen property, the property should be returned to the owner. the onus is on the current owner to recover the money, not on the legitimate owner. let's not invert roles here.

 

[Silentptnr]

No once a bar fight brawl breaks out there is no decorum, just ask Dana White and the UFC about today.

This has gotten beyond ugly while some people work out in the open and others are doing things in stealth mode. I believe that no one here has to answer to anyone, but they need to keep in mind there are consequences for their actions.

But what I would wish is that @BoothDomains would say look people I am never answering you, I have a lawyer this affects me and none of you, so talk amongst yourselves but I ain't ever giving you anything.

I remember years ago I was dealing with a problem in the .tv sub forum, and I asked one person (no longer on here) if they could act amicably, get something settled, because if not their reputation would be ruined. He replied f*ck you, f*ck namepros, I only care about my money.

I do think there are people here who just want Rebecca to get taken care of, and there are others helping, there are some that are on @Silentptnr side and looking to see the other side or just play Devil's advocate.

One thing that was made very clear in this thread, which is something I have written about for years, the hero worship with regards to people you don't even know. James made it clear when someone said he was a millionaire, that he is not one and not even close. So $25,000 means a lot more to James in my opinion, than what many others might think.

Someone brought up a good point here or on TheDomains.com that James might be trying to wait Rebecca out, run up legal bills, I have no idea if that is true, I certainly hope that it's not, but there are many options and possible results, not just the one the majority of us want (Rebecca getting CQD.com, James getting compensated from Escrow.com or finding the person who pulled off this scheme).

Again IMO

100% agree. I hope this ends with justice. I dont think a victim should be further victimized. I do however know that we live in a world where deception and crime exist.

When two parties cannot agree, it is called a dispute. Disputes are settled or litigated.

We are being detectives. Detectives feal in facts available.

I believe both of them. I believe someone scammed Rebecca. I believe someone scammed James, Escrow and Nutsol.

I cant defend either of them. I do believe we need to be straight with Rebecca. This is a legal matter.

 

[Silentptnr]

Wow, what a thread to get through.

@BoothDomains Why have you not provided any documents or response to the questions put forward by members here? If legal counsel is preventing you from doing so, then at least let others here know that.

Also, somebody asked in this thread how Escrow page could show this that or the other. It is so easy to fake screenshots of the browser, nobody should ever take for granted screenshots somebody sends you of something in their browser.

I mean, just yesterday look at whose account I discovered...

Show attachment 84831

(of course I am kidding..)

He has. He has stated that he also attempted to contact Rebecca and that his attorney has as well.

 

[Dave]

He has. He has stated that he also attempted to contact Rebecca and that his attorney has as well.

Thanks. I missed that, it is a ridiculously long thread to comb through after all.

 

[DNWon]

I do believe we need to be straight with Rebecca. This is a legal matter.

I can't blame her for waiting a while and hoping James would have an epiphany of ethics and character and simply return the domain to her, without a legal fight, but it looks as if that is not going to happen, so she should now consider retaining legal counsel!

 

[Silentptnr]

So much doesnt make sense. Rebecca said her phone rang. That means she had control of her phone number. It wasnt hacked.

The reason i asked her about that call is because James adamently denied making that call. If the message was saved, the number saved, it could have proved a direct inconsistency in James denial of making the call. No luck on that though.

 

[Silentptnr]

I can't blame her for waiting a while and hoping James would have an epiphany of ethics and character and simply return the domain to her, without a legal fight, but it looks as if that is not going to happen, so she should now consider retaining legal counsel!

I dont know. My recollection was that she came out with guns blazing.

 

[DNWon]

So much doesnt make sense. Rebecca said her phone rang. That means she had control of her phone number. It wasnt hacked.

She never claimed her cell phone was hacked, that was her point about James not doing his due diligence, that her cell phone was never compromised and was well published in all or most of her businesses, therefore James should have been able to contact her there if he had any doubts, but the only time he called that number was after the theft, to frantically ask at 2am why Rebecca had asked Netsol to return her stolen domain to her. He left a message, according to Rebecca, at 2am as the phone went to voicemail because of the time. She should be able to find proof of this call somewhere, correct? @spoiltrider

 

[DNWon]

My recollection was that she came out with guns blazing.

Your recollection was spot on. I think she was on a trusty white steed as well!

 

[johname]

The thing that's odd here is how quickly Netsol belly flopped and returned the name back to Booth. What proof was so overwhelming to get the register to do this ultra-rare feat? Or did they just cave into well-known domainer with lawyers? Could Joe NP Dude send an email or letter to Netsol showing they paid the whois email and get the domain back? Feels like a no.

It's this returning of the domain by the register that gives Booth the determination to hold on to it.

But like Baseball's "the tie goes to the runner" rule, feels the domain will go back to the first owner if this goes far enough down the legal road.

 

[offthehandle]

I dont know. My recollection was that she came out with guns blazing.

That’s true, I can’t argue the ripoff report or blog posts. But she is solely responsible for her emotionally charged postings, but I have empathy for her and this instinctual reaction as she was reacting from a place of extreme anger and frustration.

That the person was complacent, that failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant.

This is hypothetical, and I am not an attorney, but somewhat familiar with the process. As you know, most cases are won or lost in the lawyer games of discovery. The defendant I would believe to be compelled to appear in the US for a formal deposition. That, and pretrial, and formal hearing. Maybe even plaintiff is granted an ex parte (business name involved) to cause defendent immediate appearance. Then add in international shipping of several original document production requests, and add a few delays by plantiffs attorney, after travel expenses incurred it could be much more expensive strategy to hold out. Then ultimately lose the domain. Jursidiction in the US to me seems to favor the plaintiff. Plaintiffs attorney could really make this a miserable situation. Sure defendents attorney can request delays, bury plaintiff in discovery, deposition also but there are fewer or no travel expenses. If jurisdiction was in same city and country for both parties, then it could be equally expensive. No?