I committed a crime, German legal advice needed

Hi everyone

I'm an occasional poster and frequent lurker under another username.
For obvious reasons (ie I'm a coward and ashamed), I've created a new account specifically for this question.

In short, I committed a crime in Germany 2.5 years ago and now it's time for me to pay for it.
It wasn't a monumentally horrible crime like murder or rape. But it's still pretty bad. I stole - I scammed 3 people out of approx €6000 (total, not each) on ebay.
I'm not here to be lectured on what a terrible person I am. I know that and I'm extremely, extremely ashamed and sorry and contrite.
Anything that you think about me, I agree with you 1000000 times over.
I deserve, and I'm willing to face, any punishment that's coming to me.
This is where my question comes in. I completely understand if nobody wants to help me, but I don't have anywhere else to turn. My German is good, but not fluent and I'm too ashamed to ask any of my German friends.
I received papers from the amtsgericht, I guess it's a ruling but I'm not 100% sure. I've linked to scans of the papers. They are dated from May, but I just received them in the post 4 days ago.

Here are the scans:

(scanned document images subsequently removed on author request)

Feel free to berate me for the extremely stupid manner of my scam. For those of you who don't speak German very well, I "sold" laptops on ebay and sent people boxes filled with paper.
Yes, I know I'm a scumbag. I will be paying for this for a long long time.

Am I right in thinking that I am being fined? Am I ONLY being fined? No jail time?
Does anyone know what will happen if I can't pay the fine? Will I then be required to serve jail time or do community service?
What is the timeframe for paying back the fine? Does anyone know if it's possible to pay back my fine in installments?
Will this be the end of my legal problems? Or can other legal be taken against me in the future?
Will this effect any future employment in Germany? Can I be deported?!

Like I said, I'm very sorry. It was a crime of desperation and I have never broken the law before or since.
All I would like to know is what to expect. The constant uncertainty is a huge weight on my shoulders.
I assume that this would warrant a prison sentence in the US, but I have no idea about Germany.
I guess if they wanted to throw me in jail, they would have done it by now?

So, without further ado, I lay my unsavory past and legal problems out in front of all of you. Enjoy. If anyone has any knowledge of the German legal system, I would immensely appreciate some advice.
Thank you!

As far as I can see you are being fined 3600 (i.e. so in total you are up over 2K!) plus costs and have a couple of weeks to appeal if you want to. Thats it. I only scanned it quickly but don't see any payment details. Maybe they send you that after the time for appealing has expired

As to how it affects future employment etc I've no idea, I don't think many companies check such stuff. I see you are American so I guess you have to apply at some point for an extension of your residence permit?? Guess that may be a prob but no clue to be honest

Ok, you have been given a fine of 3600€ plus costs. You'll be sent a bill for the court costs.

A shame you can turn down the alpha channel on the black blocks you covered up the details with. Us PS experts can clearly see everything

Quite 'funny' that you actually went to the trouble of sending a box full of paper rather than just sending nothing!

No..he is still has to pay the 6,000 euro PLUS the fine...so he isn't "up" anything.

You were sentenced to 120 days @ €30 each. The Euro amount is calculated depending on your income. You got 50 days off by them combining the punishments for each single case of fraud.
You have two weeks from receipt on to contest this decision, the case will then go to court. Two weeks means if you got it today your protest must be in the court's hands by Friday 27 July. If you do not contest the decision becomes valid and can be foreclosed on.
You have to pay the DA's costs and the court costs, you will receive a separate invoice.

My advice: Get in touch with the court, ask where to pay the fine and if you can pay it in installments.

Good night, and good luck.

ok, didn't see that, thanks. I thought the costs were just court costs but maybe its the costs to the victims too I guess - would seem reasonable. Thought it was a bit odd really!

No the "box of paper" trick is pretty cool 'cos then you just blame it on the couriers.

Goes on all the time in the IT grey market. Basically the couriers nick the contents, and fill the box with bricks to the same weight as the goods so it continues through
the tracking system as normal.

So you could appeal on the basis that you sent the goods etc. Must have been nicked in transit.

But having done it 3 times pretty much negates that angle!!!

aha, I see. I'm far too innocent for my own good. Thanks for the tip

I used to run an IT business. We were only ever on the receiving end of this stuff. We must have seen it all over the years.

The biggest dramas were in the days when memory chips were actually worth proper money. Bastards used to try and break in all the time.

We got to the stage of having not one, but two double steel roller shutters, with locks all around PLUS anti-crash barriers outside, between the rollers and also inside.
Then we of course had alarms, and the whole warehouse filled with smoke within 30 seconds if activated. Did not stop 'em.

The classic is to discreetly set off the alarm around 2am by cutting a cable etc. But make no sign of a real attempted entry. You turn up with a baseball bat
and maybe the police. No visible sign of entry but for some reason you cannot seem to reset the alarm - as it is showing a fault??? At that point they hope you
are gonna just go home very pissed off. They are of course watching from a distance, and as soon as you leave they bust in knowing there is no alarm set.

I tell you all this because the lesson is:

If an alarm goes off at 2am, do not leave the premises, and in fact get friends and colleagues over fast to babysit with you until you can get the system fixed.

First a word of caution: Only a lawyer is qualified and allowed to give you really reliable advice on this case.

But here is what I think


It becomes a ruling if you do not make a "Widerspruch". A "Strafbefehl" is used for minor crimes to spare everyone the hassle of an actual court procedure.


Depends on what you mean by "fine". In this case it is a "Geldstrafe" not a "Bußgeld" as you would get for speeding or things like that. If you can't pay the Geldstrafe you will probably have to serve time in prison (something like 1 day for every "Tagessatz"). Don't know whether community service is possible instead.


Might be. The Strafbefehl you got only covers the criminal side of the case. The money you pay goes to the state.
Have you already paid back the money to the people you harmed? If not they might go for a civil suit which will probably result in a verdict which requires you to make up for the financial loss these people suffered. This is a procedure distinct from the criminal proceedings.


Probably only for jobs which require a "Polizeiliches Führungszeugnis", but that is rarely needed (as far as I know only for government jobs, if you work for a security company etc.)

Or to a charity. Maybe they will even let you choose one.

1. In case you accept the Strafbefehl (i. e. you don´t contest it and thus let it become valid): If you can´t pay you will have to serve jail time ... 1 day per € 30.00.

Beware: It´s not your choice ... you´ll only go to jail if all other means to get the money from you fail (incl. confiscation & auctioning off of your valuables and/or a socalled "Offenbarungseid" (extremely harmful business-wise because it will be documented in your Schufa files)

2. The timeframe will be set by the Staatsanwaltschaft ... Installments are subject to negotiations with the Rechtspfleger in charge on the basis of your proved income

3. This will most likely not be the end of your legal problems. Your "customers" will have an easy go at reclaiming their payments to you in the civil courts

4. Your fine will be entered into the Bundeszentralregister but NOT told to future employers (because it´s less than 180 days) ... you won´t be deported afaik because yoe´re not "vorbestraft" according to the 180-days rule mentioned before

Regarding the timeframe, point 4 on page 3 states that if you don't contest the ruling you will have to pay the fine and costs within four weeks (presumably dated from receipt of the invoice, but I'm guessing here). It is possible, however, for you to request paying it in instalments.

Offenbarungseid has been euphemized to Eidesstattliche Versicherung (über die Vermögensverhältnisse) - sworn affidavit regarding financial status.

I heard of similar scam once where someone sold a laptop on e-bay and jokingly put in their own really old computer from the 1980s. Turned out it was worth more in value than the laptop because it was a collector's item. Did you check the paper you put in beforehand (checks like looking to see if you stuffed the boxes full of really old German Newspapers)? That's what I would have told the Polezei, yeah, you should have claimed you were being incredibly altruistic and wanted these people to become even better off. You're obviously a petty thief. Stick to your day job in future.

Offenbarungseid

http://de.wikipedia.org/wiki/Offenbarungseid

Eidesstattliche Versicherung

http://www.schuldnerberatung-berlin.info/r...nbarungseid.htm

Thanks for all of your replies and suggestions. And thanks for addressing my concerns in a civilized and humane manner.
I swallowed my pride and called the amtsgericht and spoke with the person in charge of my case.
It is possible to pay everything back in installments. Both the fine and the money stolen would be combined and I would make a monthly payment until I've paid everything off.
I was assured jail is not a possibility because 1)I'm willing to make restitution, 2)I didn't commit a violent crime and 3)the state does not want to pay to keep me in jail over a crime of this nature.
Phew...
I've learned my lesson. And I'll continue learning my lesson for the next 5 years or so.

Thanks & bye!

For only 5 years or so? This lesson should last for the rest of your life!

Don't forget, you probably also have a bad e-bay rating too...

don't know how old you are but it seems to the latest trend for teenages is to scam people on e bay little do they know it catches up with them later.when i was a lad the trend was the travel cheque scam

You better make sure that your "customers" agree in writing to such an out-of-court settlement ... otherwise they might well turn up in the civil courts accompanied by a bunch of lawyers who know pretty well how to squeeze your last penny out of your pocket

Can we please have your Ebay user ID, just in case, like.

DOnt forget you will also be paying the lawyers costs in the civil cases. So add another three thousand minimum to what you already owe. At the end of the day you'll be paying double. If I may ask a two questions, one to yourself and one general.

Did you really think you"d get away with it? ANd how does this effect your ability to leave germany? 5 years is some serious long term planning.

why did you do something like this?? plead insanity,... I mean if you did it 3 times, ..

you need a lawyer quick smart, ..

Yeah, I am sure he is crushed about that.

I think the insanity is that he did this probably without taking into full consideration or even caring that he would eventually get caught and subsequently would have to pay immensely for the illegality of it.

ok, .. stupidity

he was very fortunate to find a lenient Staatsanwalt ...

... Wer in der Absicht, sich oder einem Dritten einen rechtswidrigen Vermögensvorteil zu verschaffen, das Vermögen eines anderen dadurch beschädigt, dass er durch Vorspiegelung falscher oder durch Entstellung oder Unterdrückung wahrer Tatsachen einen Irrtum erregt oder unterhält, wird mit Freiheitsstrafe bis zu fünf Jahren oder mit Geldstrafe bestraft ...

http://de.wikipedia.org/wiki/Betrug

Bad criminal. Don't you know not to use your real name and address when pulling a scam? You are so stupid, you deserve to be caught.

As far as I remember from when I signed up on eBay, when you want to sell something you have to give either a credit card number or bank account number.

That's not to say it isn't easy to give a fake credit card/bank account number; it just means it's not as simple as signing up with a made-up name to be able to sell stuff.

I don't think I can give you any more advice than people already did.
But I was wondering... why did you do this? Genuinely, out of interest for the human mind. If you want, you can PM me instead of writing about it here.

Most German prosecutors are very lenient the first offense. I am often surprised at the sentences handed down, and the length of time it takes to come to trial. In my business , (antiques) there is a lot of Fraud and theft. And of course I have been on both sides of the EBAY problem...as a seller and a buyer. I don't do EBAY any longer as a result of the crap that goes on there these days. I was hit over the head by a insane Turk a few years ago. He came at me from behind toting a folding imbiss sign. He was arrested, and 18 months later had to pay a fine and was put on 2 years probation. Last year he shot his wife in the City park for "shaming him".(killing her)..his trial is going on right now and they are saying he may get 8-10 years despite his violent past.

I find it way too easy to steal 6000 Euros from a few people and wait 30 months for punishment. Most people would have left the country in that time. He should have at least had to pick up trash ten hours a day for 90 days or something to that effect.

They may be lenient but patience does have its end (so you may want to stick to a legal lifestyle now and work for the money you earn) ... the guy my sister sadly was with (my mom said: he would be a nice guy if he wasn't a criminal) was sent back to his country after the I don't know how many-th offense. It did not matter that he had three kids here because he was never married to my sister (thank God - would not want someone like that in my family).
His offenses were a little worse than just fraud though.

A requirement of leniency contains the willingness and ability to compensate the victims. Lawyers know this. If they foreclose on a civil claim culprit here cannot keep up the installments for the fine and the damages and gets thrown into jail, no more payments to no one. Bit by bit over several years is better than a faded title.