Sober As A Judge

Sober As A Judge / Case library / The Point Spread

Monday Night Court · The Point Spread

Power Seller, No Tickets

United States v. Deppe (2007)

Charge: Wire and mail fraud - an eBay 'power seller' takes nearly $263,000 for Super Bowl tickets his company never had, while already on release for a Rolex scamCourt: U.S. Court of Appeals for the First Circuit (on appeal from a federal jury trial; the opinion as printed on casemine does not name the district court, which press coverage places in the District of Massachusetts)Docket: The Point Spread

Was Deppe the mastermind who duped his own partner and pocketed the Super Bowl money, or the fall guy for a partner who controlled the bank account and forged the receipts?

The facts

Massachusetts, early 2005. Michael R. Deppe, a 21-year-old who was already facing nineteen state larceny counts for selling Rolex watches online that never arrived (27 transactions, roughly $115,000, packages stuffed with crumpled newspaper or worthless baseball cards), had been released on condition that he do no business by computer. He teamed up with William Englehart in a company called Aceprosports, selling sports merchandise through eBay and PayPal and earning eBay's 'power seller' badge. About two weeks before the February 2005 Super Bowl, Aceprosports began selling tickets to the game that the partners did not have. Nearly $263,000 poured in. Englehart made a few refunds, but the vast majority of customers lost their deposits and never saw a ticket. A federal grand jury charged Deppe with wire and mail fraud over both the Rolex scheme and the Super Bowl scheme. He pleaded guilty to the ten Rolex counts but took the Super Bowl counts to a jury. His defence was that Englehart was the real fraudster: Englehart handled many sales, controlled the company bank account and cash flow, and, Deppe said, forged receipts to make it look as though Deppe had walked off with the proceeds. The government's case was the mirror image: Deppe had falsely assured Englehart he had a legitimate source of Super Bowl tickets, then collected the buyers' money for himself. The trial ran seven days.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: United States v. Deppe, 509 F.3d 54 (1st Cir. 2007)

Read more at casemine.com. The source reveals the outcome.

← More from The Point Spread · All dockets