As a buy-and-sell merchant in Denver, you might worry about the legal effects of unknowingly selling stolen items. Understanding fencing laws can help you handle these worries and protect your business.
Understanding fencing laws
Fencing means trading stolen property. Authorities can charge you with fencing when you knowingly buy, sell or possess stolen goods. The key part is knowledge. You can avoid a fencing charge if you unknowingly sell a stolen item. However, things get tricky if law enforcement thinks you should have known the item came from illegal activity.
Situations that could lead to charges
Here are some cases that show how you might still face legal trouble:
- Very low prices: Buying items at prices much lower than expected could raise doubts. Law enforcement might say you should have known the items were ill-gotten.
- No paperwork: Not getting proof of ownership or a receipt from the seller can cause problems. Always ask for paperwork to check if the items you buy are legal.
- Suspicious sellers: Be careful of sellers who do not show ID or want to sell items quickly. These warning signs can mean the items came from theft.
These steps can help you avoid legal issues and protect you from fencing charges.
Protecting your business
To keep your business safe, do these things:
- Check the source: Always ask for proof of ownership or a receipt when buying items.
- Keep records: Write down details of all purchases and sales. These records can be key if you must prove your items are legal.
- Watch for red flags: Look for signs of stolen items, such as very low prices or sellers who will not show ID.
Doing these things can lower the risk of dealing with stolen property without knowing and protect your business from possible legal problems.
Talking to a lawyer can help you understand your rights and options if you find out you sold a stolen item without knowing.