I paid over $6000 through Commerce Corner, seller has disappeared

Last year a reliable member of this board said a good friend of hers was selling some Truchot. I bought all of it, sent the check last year, $6600, it included some other wines By far the largest wine expenditure of my life, I had just received some money but even then it was a stupid thing for me to do. We went back and forth about shipping, no problem. Then around February he stopped returning my emails. I called him for the first time on his cell and not knowing who I was, he picked up. No problem.

Have not heard from him since, his emails do not bounce back, his cell phone seems to be in order. The board member who listed the wine for him (he does not frequent this board) says she saw him a few weeks ago at a Farmers Market, not knowing about this issue, so he is alive and still in Virginia; I told her for the first time a couple of weeks ago that there is a problem. I have never met her but she is trustworthy. She has no lead on him. I did an Internet search and it does not list a new address. He told me in an email last year that his father is a retired judge so I called what was probably the correct phone number for his father and left a message, no response.

His name is Rob Stewart, Arlington, Virginia, my searches indicate he is probably age 61, not married. I’m near San Jose, Calif. Anyone know him? He has $6,600 of my money – I now live paycheck to paycheck as a county employee – and has not returned an email or phone call since late February or early March. I warned him via email and cell message a few weeks ago I would have to go public if I did not hear from him. Any advice?

Anyone live in Arlington? I have his mailing address.

I’m a criminal prosecutor by the way, and was a decent civil litigator before that, and I still have no instinct as to how to proceed. But every time I remember this issue, daily, I feel sick and dread what I will have to do.

George Chadwick

Last year a reliable member of this board said a good friend of hers was selling some Truchot. I bought all of it, sent the check last year, $6600, it included some other wines By far the largest wine expenditure of my life, I had just received some money but even then it was a stupid thing for me to do. We went back and forth about shipping, no problem. Then around February he stopped returning my emails. I called him for the first time on his cell and not knowing who I was, he picked up. No problem.

Have not heard from him since, his emails do not bounce back, his cell phone seems to be in order. The board member who listed the wine for him (he does not frequent this board) says she saw him a few weeks ago at a Farmers Market, not knowing about this issue, so he is alive and still in Virginia; I told her for the first time a couple of weeks ago that there is a problem. I have never met her but she is trustworthy. She has no lead on him. I did an Internet search and it does not list a new address. He told me in an email last year that his father is a retired judge so I called what was probably the correct phone number for his father and left a message, no response.

His name is Rob Stewart, Arlington, Virginia, my searches indicate he is probably age 61, not married. I’m near San Jose, Calif. Anyone know him? He has $6,600 of my money – I now live paycheck to paycheck as a county employee – and has not returned an email or phone call since late February or early March. I warned him via email and cell message a few weeks ago I would have to go public if I did not hear from him. Any advice?

Anyone live in Arlington? I have his mailing address.

I’m a criminal prosecutor by the way, and was a decent civil litigator before that, and I still have no instinct as to how to proceed. But every time I remember this issue, daily, I feel sick and dread what I will have to do.

George Chadwick

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Seriously? Is this what passes for an acceptable comment around here?

Well, it sounds indeed a bit strange that a criminal prosecutor needs to check with this forum in order to learn what to do now…

Also, “I now live paycheck to paycheck as a county employee” but spending on the other hand $6000 on a single wine order does sound ambitious…

Anyway, I’m sorry to say that I cannot give any further advise but I wish you best luck in case this whole story is true.

Fly to Arlington and pick the wine up.

Call his cell phone every five minutes until issue is resolved.

Is this your guy?

I was also able to track down his partners email address and lots of other info in a hot second.

Wow, this guy gets burned doing something that usually works out around here, comes here for help, and gets insulted. Welcome to Wineberserkers.

I hope you find resolution.

Normally I’d say hire a lawyer, send a certified demand letter with two options (produce the wine or provide a refund), give a deadline - and note that you will reserve the right to pursue all legal options up to and including referral to the proper authorities for a criminal investigation should neither occur.

But is it legal in both jurisdictions (CA and VA) to sell and to ship wine in the first place?

If not, then your option of referral to the appropriate authorities might not be viable.

No. This is the problem with such situations.

This.

You may want to research cases from these jurisdictions under the doctrine of in pari delicto. If applicable, I would be concerned not only of losing the case, but having a complaint raised against your Bar license. A judge or an adversary can each raise a complaint.

Really sorry you are experiencing this issue. That’s an awful lot of money.

So “a good friend of hers” but she has no leads?

I’d get on a plane and show up at his door.

This really sucks, George. I do think Maureen has a role in this since she put his sale under her name. I’m not saying she’s to blame, and I know only good things about her. I would hope she knew the seller pretty well and is willing to go to his home or otherwise contact him on your behalf. She too is an attorney, I believe.

When I had a similar problem once, a very smart lawyer friend and wine collector told me to go to the seller (only an hour away in my case), and if he didn’t produce the wine, go to the local police station and file a theft report.

If I were the “trustworthy” BB member, I’d want to help get to the bottom of this situation.

IMHO. It’s best not to represent someone else’s stuff for sale, unless you’re willing to help follow through.

That said, it sounds like a real mess without a lot of great options for recourse. George, you’re a trusting soul. Having seen too much HAG, MI and numerous other wine purchasing debacles…potentially risky purchases don’t appeal to me.

RT

Are there other WBers in Arlington who can raise their hand and intervene on your behalf?

I am embarrassed that the first response of some to your difficulties has been to insult you. I am sure in retrospect, George regrets being so trusting, but it came from a good place – trusting a member of the wine community vouched for by someone he felt he knew. I suspect we have all done things that in retrospect seem foolish and came from less admirable motives. Lots of casting first stones here.

I’ve never heard of the guy, but that isn’t saying much. I do think the legality of the transaction may be a stumbling block for legal redress, but I hope you find other means of recourse. Best of luck.

Why would a criminal prosecutor in California have any better sense of what to do than anyone else? Is he supposed to call his buddy prosecutor in Virginia and give him a tip? Laws, procedures, and remedies all differ from state to state.

True, although no shipment has been made. For all we know OP planned to pick the wine up in Virginia and drink it there.

What Neal says. Talk about blaming the victim!

I have no idea of the best way to proceed but I wish you all the best of luck in getting it resolved.

It really seems strange that the person posting on his behalf on WB now has no leads. Would you really help sell someones wine if your relationship was not much more than the occasional grocery store run-in???