Shill Bidding (2024)

A NY Defense Lawyer Explains The Crime of Shill Bidding

Shill Bidding (1)The eBay terms of service clearly prohibit the practice of shill bidding. Shill bidding is not permitted in online or live auctions and it can actually rise to the level of a criminal offense. If you have been accused of shill bidding, contact a NY auction fraud defense lawyer for help responding to charges and seeking to avoid prosecution or minimize penalties that could come with conviction.

What is Shill Bidding?

Shill bidding refers to the practice of placing bids on eBay items or other auction items in order to drive up the price. Typically, the eBay shill bidding scam begins when a seller lists an item and begins accepting bids. The seller instills friends and family, or uses aliases, to bid on the item. The price of the item goes higher than it otherwise would if a legitimate buyer bid on and purchased the item.

The seller in an eBay shill bidding scam makes more money than the fair market value price of the item. In some cases, sellers have used shill bidding as part of larger fraud schemes, including schemes in which forgeries or counterfeit goods are sold as if they are legitimate valuable items. In 2001, the New York Times reported on three men who were part of a bidding ring in which shill bids were placed in 1,100 auctions intended to deceive art buyers into believing they were purchasing valuable and rare paintings.

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Penny Bidding as a Form of Shill Bidding

Penny auctions create significant opportunity for shill bidding. Penny auctions often give Internet users the opportunity to “buy” bids for items that appear to be priced very low. Each bid costs money. When the buyer pays for a bid and makes a low bid, those participating in a penny auction scam will enter false (shill) bids to continue driving the price of the item higher and higher. Often, the bidder loses the investment he made to purchase the right to the bids. If the bidder does “win” the auction, the bidder may end up paying far more than the item is worth by the time the price of the item and the cost of the bids is added together.

Penalties for eBay Shill Bidding and Penny Bidding

Penalties for shill bidding vary depending upon whether those accused of involvement in the scam face state charges or federal criminal charges. When the eBay shill bidding is part of a large scheme and involves other crimes like forgery or the sale of counterfeit goods, penalties become more serious.

Shill bidding has resulted in criminal prosecutions in New York State under the Donnelly Act. The Donnelly Act, found in New York’s General Business law Code section 340-347, is an antitrust law that prohibits bid rigging and price fixing. The Donnelly Act has been used by prosecutors against people accused of shill bidding in online auctions. Being charged under this Act can result in a maximum four year prison sentence, and a fine of $100,000 for individuals and $1 million for businesses.

Shill bidding may also be considered a form of wire fraud, which is a federal offense under 18 U.S. Code Section 1343. Maximum penalties for the crime of wire fraud can include two decades imprisonment.

A NY eBay Fraud Lawyer Can Represent You in Shill Bidding Cases

When accused of shill bidding, it is imperative that you defend yourself to try to avoid conviction for a state or federal offense that could send you to prison and leave you with a felony on your permanent record.

A New York auction fraud defense lawyer can provide legal assistance in arguing against conviction for shill bidding. When an attorney helps introduce questions about whether you violated the laws, the jury should not convict if the prosecutor can’t make the case against you beyond a reasonable doubt. Your attorney can also assist you in negotiating a plea deal, which could reduce the criminal penalties faced for shill bidding.

Bukh Law Firm, PLLC has provided legal representation to clients in shill bidding cases on the federal and state level. To learn more about the techniques and strategies we can use to defend you in a shill bidding case, give us a call today to schedule a consultation.

Shill Bidding (2024)

FAQs

Can you get in trouble for shill bidding? ›

Shill bidding may also be considered a form of wire fraud, which is a federal offense under 18 U.S. Code Section 1343. Maximum penalties for the crime of wire fraud can include two decades imprisonment.

How common is shill bidding? ›

"In shill bidding, the sellers themselves bid for their goods via user accounts created for the purpose of boosting the price artificially, thus making more money for the article auctioned," Ingebretsen explained. He added that "this practice is as common as it is difficult to detect and prevent".

How to detect shill bidding? ›

The key to detecting whether these higher-rated bidders are shill accounts is to look for the same metrics as you would look for with low-rated bidders- high volume of bids especially with this specific seller, high percentage of bids with the seller, and seemingly random collecting interests.

Is shill bidding a problem on eBay? ›

This could create an unfair advantage or cause another bidder to pay more than they should. We want to maintain a fair marketplace for all our users, and as such, shill bidding is prohibited on eBay.

How to stop shill bidding? ›

Another method against shill bidding is to apply a software agent which automatically places a bid on a buyer's behalf just seconds before the final closing time of an auction (if the auc- tion has the pre-determined deadline like the ones in eBay).

What happens if you win a bid but can't pay? ›

Instead, unpaid items are usually returned to the original consignor, put into a future auction, or sold privately. Often, these backup plans result in a significant loss for the seller—and the winning bidder is obligated to make it up to them.

Can a seller see your maximum bid? ›

The seller can see no more about the amounts of the bids than anyone else can (s/he can see your actual user ID but not your hidden maximum; everyone can see your maximum bid if it is outbid or it is less than a full bid increment over the underbidder's maximum bid).

What are the common mistakes people make when bidding? ›

Preparation of Bids
  • Amount of bid security less than required.
  • Not adhering to the laid down format of the bid security form.
  • The validity of the bid less than the required period.
  • Qualification and experience of the contractor/ consultant's personnel given but their position in the proposed project not stated.

Do eBay sellers bid up their own items? ›

What you describe seller or friends bidding on a seller's item is against the law, and eBay has software set up to catch illegal bidding. eBay does not let sellers bid on their own items!

How do you spot bid rigging? ›

Pay attention to contract specifications or requirements that are unnecessarily restrictive or require expertise that only one vendor appears to have. Look out for identical bids received from different vendors. Flag any instances of a winning bidder subcontracting parts of the work to one or more losing bidders.

Do auctions have fake bidders? ›

There are two types of bidders – real and fake. Those fake bidders are those who try and register to bid but have no real intentions of bidding to win or pay for items after the auction.

Can an auctioneer shill bid? ›

A: In California, the practice of "shill bidding," where the auctioneer or someone related to the seller places bids to artificially inflate the price, is generally considered illegal and could be construed as a form of fraud.

What happens if you get caught shill bidding on eBay? ›

You may not have been aware of this, or it may simply have been an oversight, but it's important to understand our policy around shill bidding. Please be sure to follow these guidelines, as shill bidding can lead to listings being removed or your account being restricted from selling.

Why do people snipe eBay auctions? ›

One economic analysis of sniping suggests that sniping is a rational gain-maximizing (in other words, price-minimizing) strategy for bidders in auctions that fulfill two criteria: the end time is rigidly fixed. it is possible to gain additional information about the "true" value of the item by inspecting previous bids.

Does eBay punish non paying bidders? ›

Failure to pay for items is a violation of our abusive buyer policy. When a seller cancels an order because the buyer hasn't paid, the unpaid cancellation is recorded on the buyer's account. Buyers who have excessive unpaid cancellations may have limits imposed by a seller or by eBay, or lose their buying privileges.

In what states is shill bidding legal? ›

Yes shill bidding is illegal in most (if not all) states. I'd report him to your state's auctioneer licensing board.

Is it legal to bid on your own items? ›

eBay sellers are not allowed to bid on their own items. This is known as shill bidding and is prohibited by eBay's policies. Additionally, it may be illegal in some jurisdictions to artificially inflate the price of an item through shill bidding.

Is it illegal to bid on your own items on eBay? ›

@meljo_8682 No, it's not possible to bid on your own items. Even if was that would be called shill bidding and is not just against eBay policy but it's illegal. I recommend you end the listing, revise and relist. ALWAYS start auctions at a price you will be happy with if you get just one bid.

Is phantom bidding illegal? ›

If RECO determines that a listing agent has submitted a phantom bid, the agent could have to pay a maximum fine of $50,000 or spend up to two years behind bars! If that isn't reason enough to stay far, far away from phantom bids, you've got to be quite the risk-taking real estate agent.

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