3.Reading of Government Exhibit 226B — Escrow Enforcement
20 linesMR. TURNER: Nothing further.
THE COURT: All right. Thank you. You may step down, Mr. Duch.
(Witness excused)
THE COURT: Would the government like to call its next witness?
MR. HOWARD: Yes. But before we do that, I want to read one chat log.
THE COURT: All right.
MR. HOWARD: The witness is actually here. He is the case agent.
THE COURT: Right. All right.
MR. HOWARD: Ms. Rosen, could you please publish Government Exhibit 226B, please.
THE COURT: B, as in boy?
MR. HOWARD: That's correct.
This is from page 211 of a 1096-page chat log from December 28, 2011.
"myself: anyway, this will be a good measure to see how the new policies are affecting things
"vj: yeah - gotta get a solid handle on the old metrics so that some real time comparisons can be made. But I think that presented properly the new commish structure will be greeted with open arms. Now - what happens when someone goes ooe in 60 days from now?
"myself: account is terminated. There will be a big warning in the seller's guide. Safe goes for getting customers to finalize early. No more working the system
"vj: do they get a warning? And do we offer a bounty? Or is that too rat like?
"myself: No bounty, don't need it. We can search the pms and listings
"vj: then how do you know if there is an ooe going on?
"ahh - but you can't say you search the pms, and smart cookies will pgp that shit. About 1/2 my clients use pgp all the time in pm's. Seed buyers are a paranoid bunch. Just food for thought.
"myself: ok, yea a bounty is a good idea, why not be part of the scam prevention team :)
"vj: doesn't have to be official, just kinda let it be known that if a vendor insists or asks for ooe, let a mod know, we'll tip ya for your efforts - after all, why should the oflks that pay subsidize the freeloaders
"yeah - make it so ooe is seen as a scam, through and through."
The next part starts on page 273 to 274 of the 1,096 page chat log on January 9, 2012.
"myself: added this sellers guide:
"NOTICE: Do not create listings that instruct customers to pay outside of escrow, or are used for any purpose other than to list an item to be sold for the listed price using the site checkout system. If you instruct your buyers to pay you in any other way, or to contact you off-site, your seller privileges WILL be revoked without warning. You may provide back up contact methods in case of site failure.
"and buyers guide:
"NOTICE: If your seller instructs you to pay directly, outside of the escrow system, or with any other method than through the site checkout system, you should report it immediately to our support staff via the "contact us" link along with any evidence you can provide. If you do pay your seller directly, there will be no way for us to protect you from fraud.
"vj: pretty fucking clear. Perfect."
The government calls FBI Special Agent Vincent D'Agostino.
THE COURT: All right. Mr. D'Agostino.
COURT CLERK: Please raise your right hand.
VINCENT D'AGOSTINO, called as a witness by the government, having been duly sworn, testified as follows:
COURT CLERK: Please state your full name and spell your last name for the record.
VINCENT D'AGOSTINO: Sure. First name Vincent. Last name is D'Agostino, D-'-A-g-o-s-t-i-n-o.
COURT CLERK: Thank you.
THE COURT: And Special Agent D'Agostino, you've heard me give the instructions to folks. Make sure you adjust the microphone so that you could speak clearly into it. There is water there. Although is that your cup or somebody else's cup?
VINCENT D'AGOSTINO: That's OK. I'm super hydrated.
THE COURT: All right. Mr. Howard, you may proceed, sir.