2021/11/07 10:53:04
dan15au
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.
2021/11/07 11:15:49
TwoEvilOne
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?
2021/11/07 12:09:56
anupkumarrao@nc.rr.com
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
2021/11/07 19:44:48
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!
2021/11/07 20:51:16
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%
2021/11/08 03:22:54
z1nonly
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. 
2021/11/08 06:14:13
TheOtherAirForce
I certainly don't expect then to cover stolen cards. Just tell us what cards were stolen.
2021/11/08 09:03:19
philipma1957
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.
2021/11/08 10:15:20
blacryan
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. 
2021/11/08 11:22:48
deadly_silence
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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