Attorney General's News Release

October 29, 1999

Neosho youth pleads guilty to two criminal counts of fraudulently selling computer equipment on eBay Website

Springfield, Mo. — A 17-year-old Neosho youth pleaded guilty today to criminal charges brought by Missouri Attorney General Jay Nixon that he defrauded people who wanted to buy computer equipment on the Internet auction service eBay.

Donald L. Marriott Jr. (DOB - 11/21/81) admitted in Greene County Circuit Court under a plea agreement that he took money for computer equipment he advertised on eBay but that he then did not deliver the merchandise. Marriott, who was 16 at the time the crimes occurred, was certified to stand trial as an adult on the charges, which Nixon filed in August.

"The Internet is a tremendously powerful tool for commerce, but the same laws must apply in cyberspace as they would in a face-to-face transaction," Nixon said. "We will prosecute cases where a mouse, a modem and a mailbox are the instruments of crime."

Marriott specifically admitted to taking a cashier's check for $1,451 from a Washington state man for a laptop computer Marriott advertised on eBay in July and August 1998 and accepting a wire for $100 in September 1998 from a Minnesota man for a portable laser printer Marriott advertised on eBay. Marriott did not have the equipment described and did not intend to send the customers the equipment advertised.

The plea agreement submitted to the court calls for Marriott to pay $5,863 in restitution total to 13 victims, to complete 200 hours of community service and to be placed on five years' probation with the Department of Corrections. He also would be prohibited during his probation period from:

• Buying, selling, advertising or trading any goods or services over the Internet;
• Visiting any Internet site in which goods or services are transacted through auction or classified ads; and
• Permitting anyone else to use his computer, screen name, ID or account to do those things.

The plea agreement provides for two suspended sentences of two years each to run concurrent. Marriott is scheduled to be sentenced Dec. 3 by Circuit Court Judge Don E. Burrell Jr.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818