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Helpful ReplyNotice of Stolen EVGA GeForce RTX 30-Series Graphics Cards

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ObscureEmpyre
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 09:01:34 (permalink)
jaredbyoung
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Is there any information on how long this will push back the queue? I've been in for nearly a year so this hurts.

I'm 99.9% convinced my Kingpin card was on that truck. 

Nah, Kingpins start at $2,109.99. The highest value EVGA stated as part of the theft is $1,959.99. Looks like at least one person will unfortunately be missing out on a 3090 FTW3 hydro copper.


Jediexpress
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 10:20:12 (permalink)
It sucks that this happened. But, in order for a prosecutor to prove one is guilty of receiving stolen property, two things must be established..

-The defendant bought, received, sold or aided in selling, concealed or withheld property that has been stolen from another

-AND when the defendant did this, he or she knew that the property had been stolen.

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nomoss
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 10:25:22 (permalink)
Jediexpress
It sucks that this happened. But, in order for a prosecutor to prove one is guilty of receiving stolen property, two things must be established..
-The defendant bought, received, sold or aided in selling, concealed or withheld property that has been stolen from another
-AND when the defendant did this, he or she knew that the property had been stolen.


Technically, the prosecutor only has to convince a jury.  Which is not quite the same thing as proof.  State laws vary but
prosecutors aren't likely to bring charges against someone who bought unknowingly.  However, once you learn that you have purchased stolen property, a whole host of new and interesting charges become available depending on your actions.  

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selvakrish
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 10:37:27 (permalink)
How suspicious is this?
selvakrish
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 10:40:01 (permalink)
There is facebook marketplace ad for 'any quantity evga cards'. The mods dont allow me to post the link here.
Jediexpress
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 10:45:04 (permalink)
nomoss
Technically, the prosecutor only has to convince a jury.  Which is not quite the same thing as proof.  State laws vary but
prosecutors aren't likely to bring charges against someone who bought unknowingly.  However, once you learn that you have purchased stolen property, a whole host of new and interesting charges become available depending on your actions.  



Yes, but more importantly no. I've sat in on plenty of these cases.  Prosecutors won't waste their time if they cant prove a defendant knowingly received the stolen property or were involved in stealing said property.  Being that this is a video card forum, I've kept this simple..  The penal code says it all...
 
496.  (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290.
A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

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nomoss
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 10:53:10 (permalink)
I don't think we're actually disagreeing there.
My point was, once you know it's stolen, your actions with the card would determine if other charges might be prosecuted, i.e. you sell the card after learning it was stolen

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gbryett
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 13:31:10 (permalink)
LOL, just something else to delay me getting my hands on a new GPU.....
the_Scarlet_one
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 13:37:23 (permalink)
selvakrish
There is facebook marketplace ad for 'any quantity evga cards'. The mods dont allow me to post the link here.


You haven’t posted enough to allow links. That is a forum restriction, nothing to do with the mods.

Facebook marketplace ads aren’t exactly the best reference for anything. Anyone can advertise anything.
rooger82
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 15:48:04 (permalink)
Since I am in SoCal I did notice a few local ads in OfferUp for 3080ti and 3090 cards that were from $900-$1000. People responded quickly offering same day delivery. 
ObscureEmpyre
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 16:28:17 (permalink)
rooger82
Since I am in SoCal I did notice a few local ads in OfferUp for 3080ti and 3090 cards that were from $900-$1000. People responded quickly offering same day delivery. 

OfferUp usually has cheaper prices than the FB marketplace and eBay, based on my observation. However, that usually pertains to used cards, like from the 2000 series. If there are EVGA 3080 Tis and 3090s going for around $1K, I’d be suspicious of those even if they aren’t from the stolen shipment.
post edited by ObscureEmpyre - 2021/11/05 17:12:10


rooger82
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 16:34:14 (permalink)
ObscureEmpyre
rooger82
Since I am in SoCal I did notice a few local ads in OfferUp for 3080ti and 3090 cards that were from $900-$1000. People responded quickly offering same day delivery. 

OfferUp usually has cheaper prices than the FB marketplace and eBay, based on my observation. However, that usually pertains to used cards, like from the 2000 series. If there are EVGA 3080 Tis and 3090s going for around $1K, I’d be suspicious if those even if they aren’t from the stolen shipment.

Definitely fishy since 3080Ti's go for $1400+ around here and the 3090 nowhere under $1800. Their accounts were created just in October and November of this year so likely scams or stolen. 
post edited by rooger82 - 2021/11/05 16:38:38
ObscureEmpyre
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 17:13:09 (permalink)
rooger82
ObscureEmpyre
rooger82
Since I am in SoCal I did notice a few local ads in OfferUp for 3080ti and 3090 cards that were from $900-$1000. People responded quickly offering same day delivery. 

OfferUp usually has cheaper prices than the FB marketplace and eBay, based on my observation. However, that usually pertains to used cards, like from the 2000 series. If there are EVGA 3080 Tis and 3090s going for around $1K, I’d be suspicious if those even if they aren’t from the stolen shipment.

Definitely fishy since 3080Ti's go for $1400+ around here and the 3090 nowhere under $1800. Their accounts were created just in October and November of this year so likely scams or stolen. 

Well, if any EVGA personnel are still reading this thread, check OfferUp. Could be a lead.


FreedomIsntFree
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 18:33:29 (permalink)
I'm sure the warranty registrations will allow for voluntary information as to who these stolen GPUs were purchased from. Even the shadiest of marketplaces with draw in a few vigilante gamers that want to lock these clowns up.

But let's see what law enforcement can do with surveillance footage. Maybe they're able to follow the perps to their final destination.

CA Penal Code 487 PC
The potential sentence enhancements for felony grand theft of high-value property are an additional:

One (1) year if the property was worth more than sixty-five thousand dollars ($65,000),Two (2) years if the property was worth more than two hundred thousand dollars ($200,000),Three (3) years if the property was worth more than one million three hundred thousand dollars ($1,300,000), andFour (4) years if the property was worth more than three million two hundred thousand dollars ($3,200,000).
d0x360
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 19:11:51 (permalink)
LLLEFTERIS
If it is as you say then I will never get a warranty extension from EVGA because I never keep anything for more than two or three years I upgrade to new series and sell my used ones.


We are hardware buddies! Sometimes I don't even wait that long lol. I had a 2080ti FTW3 Ultra and I upgraded to a 3080ti FTW3 Ultra. My wife hates it lol.

I just built a new PC with a 5800x and 32 gigs of ram and a ROG CROSSHAIR VIII FORMULA motherboard which is... pricey. I did it with the intention of upgrading to gen 4 Ryzen when it comes out next year. So I'll have to buy a new motherboard and ram because I'll want ddr5. I need a new case too. I want USB C ports on the front and more room inside for a custom loop to cool everything... CPU, GPU, motherboard & ram. 2 rads should do the trick and I'll probably use 2 pumps as well.

The good news is I already have a buyer for the current system (minus the gpu unless something amazing happens) so it won't be that bad.
rabby612
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/05 22:55:50 (permalink)
LLLEFTERIS
If someone buys a card without a receipt he is worthy of his fate.

true
Dave_Hightower
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/06 20:58:23 (permalink)
nick_shl
Does it mean I will not receive my RTX 3060 XC Black(MSRP $329.99) that I received notification and paid today?



The one I bought for my son appears to have been stolen somewhere during shipping via UPS two weeks ago, so until it's in your hands, count on nothing.  <sigh>
arizi
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 05:35:21 (permalink)
Real sad , I was hoping my future RTX 3080 was in that van. Guess I will need to wait even longer 
GTXJackBauer
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 06:51:10 (permalink)
That's absolutely insane. I don't think these GPUs were taken to sell on ebay since it would help the investigation.  I firmly believe these will be used for mining.  Now who was up to no good and pulled this off?  I'm not completely sure but that's horrible, especially preholidays.

I wonder if this shipment was let out internally or this info was leaked between EVGA and the manufacturing process.  Clearly someone knew something.  What I worry is, if this was a massive shipment possibly till the next refresh to have enough stock for the holidays so they might have known this was the motherload to go after.
 
I truly hope they are all caught.

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EShew
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 09:54:53 (permalink)
Tough to say. Without knowing specifics it's hard to know if it was a crime of opportunity or they were specifically targeted. If it happened on the weekend it's possible the truck was broken into as it was parked overnight. Could have been the driver, dock workers, one of many shipping coordinators on either side.... Regardless, totally sucks. Time to move to Texas!

Will be tough to track down, offer up would be the sensible choice as that's where I see the most stolen bikes. Facebook marketplace as well but it seems like Facebook has 5 scams for every real card for sale, their scam detection is non existent. They really just want to throw ads in your face.
dan15au
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 10:53:04 (permalink)
This is really unfortunate. Sorry to hear!

Honestly this kinda sounds like an inside job to me. How would people have known what was in the truck without having a copy of the manifest?

EVGA_JacobF 
PLEASE TAKE FURTHER NOTICE that under state and Federal law:
  • It is a criminal and civil offense to “buy or receive” property that has been stolen. Cal. Penal Code section 496(a).


If you quote laws, please check that what you're saying is correct :). You're misquoting the law here. It's only illegal if the purchaser is aware that it's stolen:
Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained


If the purchaser is a bonafide purchaser for value, and is not aware that the item is stolen, it's not actually illegal (eg see Uniform Commercial Code § 2-403). Of course, it varies by jurisdiction, but you're quoting Californian laws so I'm going with the relevant laws in California.
post edited by dan15au - 2021/11/07 10:54:05
TwoEvilOne
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 11:15:49 (permalink)
Im sorry to hear of your loss EVGA. Has anyone hinted to the number of GPU that have been stolen? Big truck, little truck, van, or semi? Was this stock headed to retail stores or the queue? Inquiring minds want to know. Any pics of the loss available?

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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 12:09:56 (permalink)
Horrible news. Only way this can deal a blow is by not buying on black market, asking for serial # prior to purchase. Folks - be careful out there. You may think warranty is not needed, but when things go south, you would have lost all the hard earned money to these thieves. I will say - not all eBay ads are bad or this. Note the seller's feedback and how long the seller has been on eBay. Ask for Sr. Number. best tell tale sign would be low priced GPU - too good to be true by a seller who just opened an account with 0 feedback (or less than 10). I would not demonize eBay
kim666
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 19:44:48 (permalink)
miners are now robbers!
 
another 3 months wait for the next production batch i presume
 
not long before 4080 now....nvidia and AIBs have thrown gamers under the bus for ez crypto profits!
yacoub
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/07 20:51:16 (permalink)
TheOtherAirForce
This feels like victim blaming on behalf of EVGA. If I buy a stolen card and I don't know it's stolen, that makes me a victim too! Buying second hand or even 'new' from any site these days is not unheard of given the short supply of these cards. I've been trying since May to buy any RTX 3060. The closest I've gotten is walking into a store only to have the card sold 10 minutes before I got there (no phone holds!). If I pay regular price or more online for a card, how am I suppose to know it's stolen? Now that EVGA knows these cards have been stolen, they should either publish the serial numbers or make a page available where serial numbers can be entered to see if they are valid. That way I can ask an eBay seller to send me a picture of the serial number and I can check to see if it is stolen. Problem solved. With the low supply, these cards could also end up on the shelf of a local computer store, they aren't always the most reputable.
 
Possession of a stolen good is only illegal (at least in Canada) if I am in possession of it KNOWINGLY. A reasonable person would have to have reason to believe the card is stolen. No one is paying below market value for these cards. No one is going to know these cards are stolen. The scalpers are making sure of that with there inflated prices. Even sites like Newegg are allowing scalpers to sell at inflated prices.
 
EVGA is certainly alienating me as a customer, just reading through these forums have made me think twice. I guess that's my fault, too?
 
What a crappy post to read this morning, being scolded and warned that possession of stolen property is illegal. Thanks for the legal advice, not like anyone here would know they purchased a stolen card anyway.


100%
z1nonly
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/08 03:22:54 (permalink)
yacoub
TheOtherAirForce
This feels like victim blaming on behalf of EVGA. If I buy a stolen card and I don't know it's stolen, that makes me a victim too! Buying second hand or even 'new' from any site these days is not unheard of given the short supply of these cards. I've been trying since May to buy any RTX 3060. The closest I've gotten is walking into a store only to have the card sold 10 minutes before I got there (no phone holds!). If I pay regular price or more online for a card, how am I suppose to know it's stolen? Now that EVGA knows these cards have been stolen, they should either publish the serial numbers or make a page available where serial numbers can be entered to see if they are valid. That way I can ask an eBay seller to send me a picture of the serial number and I can check to see if it is stolen. Problem solved. With the low supply, these cards could also end up on the shelf of a local computer store, they aren't always the most reputable.
 
Possession of a stolen good is only illegal (at least in Canada) if I am in possession of it KNOWINGLY. A reasonable person would have to have reason to believe the card is stolen. No one is paying below market value for these cards. No one is going to know these cards are stolen. The scalpers are making sure of that with there inflated prices. Even sites like Newegg are allowing scalpers to sell at inflated prices.
 
EVGA is certainly alienating me as a customer, just reading through these forums have made me think twice. I guess that's my fault, too?
 
What a crappy post to read this morning, being scolded and warned that possession of stolen property is illegal. Thanks for the legal advice, not like anyone here would know they purchased a stolen card anyway.


100%




EVGA offers the best warranty coverage in the industry. 
 
Expecting them to go even further and cover cards that were STOLEN FROM THEM is some seriously entitled BS. 
TheOtherAirForce
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/08 06:14:13 (permalink)
I certainly don't expect then to cover stolen cards. Just tell us what cards were stolen.
philipma1957
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/08 09:03:19 (permalink)
kim666
miners are now robbers!
 
another 3 months wait for the next production batch i presume
 
not long before 4080 now....nvidia and AIBs have thrown gamers under the bus for ez crypto profits!




 
So you tell the truth and get flagged for spam.
blacryan
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/08 10:15:20 (permalink)
nomoss
nick_shl
nomossA buyer who purchased in good faith goes to his own local police, and works with them.  That police office will contact EVGA to return the property.
How about "Bona fide purchaser"? Also it EVGA got insurance payment, GPUs not their properties anymore - in this case insurance company will have rights on recovered GPUs.


Again, not how any of this works.  You cannot legally keep stolen property, once it is known to be stolen.  The buyer goes to the police to file a report and can then take that report to the seller to get a refund.  If the seller refuses the refund, then the buyer can sue the seller.  Alternately, if the buyer used a CC and it's within the time frame, the buyer can take that police report to the credit card provider to initiate a chargeback.
The GPU goes to an evidence room and will eventually be returned to EVGA.  It IS legally EVGA's property at this point.  If EVGA has (and this is an if, because all this insurance talk is just forum spin) received a payout from the insurance company, maybe they have to deal with them.  But, in all likelihood, the GPU will be destroyed or perhaps remanufactured because EVGA cannot sell it as a "new" product once it has been stolen and cannot guarantee that it has not been tampered with.  
And I have my own anecdotal evidence because I was a sales manager at a store where iphones got stolen and had to deal with much of this myself, in coordination with our fraud department.  Which doesn't make me an expert by any means, but at least I'm not spinning stuff off the top of my head trying to make EVGA look bad somehow.




 
Lmao. 
 
If you think there is ANY chance the police are actually going to waste their time with a stolen video card someone purchased off craigslist/ebay/etc... You're delusional.
 
No the already underfunded/understaffed police departments are not going to come out, take your video card from you, dust the box for finger prints or really anything. You'd be lucky if they even take a report. So no the GPU wont be going to an evidence room, and wont be returned to EVGA. Unless they managed to actually find the person responsible randomly and have a garage full of unopened video cards to do something with. 
 
Evga will get their insurance payout, they will refuse to warranty that product, and everybody will move on with their lives. The  thief probably selling them off to miners as we speak. 
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Re: Notice of Stolen EVGA GeForce RTX 30-Series Graphics Cards 2021/11/08 11:22:48 (permalink)
Is this why my stepup hasn't shipped? EVGA received my card on Friday. So were these cards meant to fulfill queue and the step up queues? Or were they destined for a retailer?

If so I wish I was notified or would have my shipping upgraded to next day delivery.

Maybe hire Leo Prinsloo for future transports!
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