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Scam reports to XmrBazaar Admin for investigation

Perito003
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Reply to post #2563
Interesting case and very complicated. I have been reading for hours and reviewed everything. I don’t know and cannot judge but I have the feeling that User: cypherpink is not completely honest, is a bit arrogant in his style and is simply having fun... is he honest? And the XmrBazaar Admin seems to me relatively uninterested, hopefully he is truly objective, but in the end I don’t know how I would have acted exactly either - anyone can claim whatever they want.. The chat history will give us more light on objectivity! Interesting, how everything will develop in the end. Quite a long dispute..
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Maat
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I went through this thread and both chat recordings TheAC shared (posts 2344 and 2546). Times below are from the recordings. This weighs the dispute the way actual contract law would.

I. Facts Not in Dispute
The Vinted refund landed (TheAC's own statements, Oct 26). TheAC did demand a fee. Calling it a scam was too much, as cypherpink himself admitted. What remains is what the Oct 12 deal was in law.

II. The Claim as It Stood on Oct 12
Nobody knew yet whether Vinted's 767€ had landed. The account behind the card had been closed, and nobody had the statements. TheAC's position was that he passes on what comes back, not money from his own pocket. So that night cypherpink held a claim to 767€, payable at an unknown date if at all, against someone who disputed paying it any other way.

III. The Compromise
cypherpink, 7:27 PM: "if you want to pay 767€ minus 200$ right now and close the deal with it, I can agree with that"
His condition was payment right then, before Oct 19.
TheAC: "Ok. I will give it to you for -200$. but if the money [...] is not in my bank and lost in space, you will help me to get it back and I will pay you back the 200$"
655$ sent at 8:24 PM. cypherpink, 8:42 PM: "i confirm I got it. thanks for acting like a gentleman, and returning at least part of the summ."

That is pricing uncertainty. cypherpink traded an uncertain 767€ later for a certain 655$ now, and he named the discount himself. TheAC took the other side of the bet: he paid from his own pocket before anything was confirmed, and if the refund had been lost, the loss was his. It's the same trade as selling an invoice at a discount to get paid today. Certainty costs something, and both of them agreed on the price.

IV. The Governing Law
These are general principles shared by most legal systems, not legal advice.

(a) Substitution of the original obligation
Two adults can always settle a claim by agreeing again, and where the new terms conflict with the old ones, the new terms win. Agreeing to accept something different to close a claim is called accord and satisfaction in common law, and a settlement (French transaction, German Vergleich) in civil law. Once it's performed, the original claim is discharged. This one was performed the same night: paid, received, and confirmed in writing. What was owed from the Vinted trade was replaced by what they agreed on Oct 12.

(b) The part payment rule and its exceptions
The usual objection is that accepting less doesn't cancel a debt (Foakes v Beer, 1884). That rule only covers a fixed, undisputed debt paid when due, and this deal falls under both exceptions. Settling a claim that is uncertain or honestly disputed is binding, even if the claim would have won (US Restatement of Contracts, section 74). And paying earlier than due, at the creditor's request, has been enough to make a smaller sum binding since Pinnel's Case in 1602. cypherpink asked for "right now."

(c) Objective interpretation
A deal is read from what was said when it was made, not from what either side calls it afterward. That cuts both ways. cypherpink's report says he agreed "solely to secure part" of his money. TheAC now calls the 200$ a "security deposit" he would "ONLY temporarily hold." The chat says neither. It says the 200$ comes back only if the money was lost, and it wasn't.

(d) The escalation clause, construed
cypherpink, 7:31 PM: "if this will be escalated to an XmrBazaar level, I will require a full refund." If that meant "I can take the 655$ and still reopen it whenever I escalate it myself," the deal would bind only one side. Courts avoid readings that make a contract illusory, and an unclear term is read against whoever wrote it (contra proferentem). The fair reading is that it protected cypherpink if the deal fell through. It didn't: TheAC paid within the hour.

V. The Defense of Duress
A settlement can be set aside for duress: an improper threat that leaves the other side no reasonable alternative. TheAC's "I won't release it without a 200$ fee" came two minutes before the offer, along with "if it escalets, I will increase the fee." Threatening to withhold money you will owe is exactly the pressure that defense exists for. cypherpink also objected the next day, which is what someone pressured into a deal would do.

Duress needs both elements, though. cypherpink had reasonable alternatives and named them himself: wait for the statements, or escalate, which he reserved in writing and TheAC told him to go ahead with. He chose money that night over waiting, chose the number, and thanked TheAC for it. Hard bargaining while the outcome is unknown is not the same as having no choice.

VI. The Subsequent Agreement of Oct 26
The same rule that makes Oct 12 binding applies to the newer deal. TheAC offered (post 2531) to "end this with me sending the rest of the money" if cypherpink fixed "what you believe it should be fixed on your side", and cypherpink answered "Works for me." That left the review to cypherpink's judgment. It set no order of performance. Where a deal sets no order and both sides can perform at once, both are due at the same time, and neither may insist the other go first.

Terms added after acceptance are not part of the deal. A guarantee about cypherpink's future posts (2564) and a new fee for "trouble/time" (2565) were never offered or accepted.

VII. Findings
1. The Oct 12 compromise was valid and fully performed. Under it, the 200$ belonged to TheAC.
2. The Oct 26 agreement superseded it. Under it, the 200$ is owed in exchange for a review edit at cypherpink's discretion, with both performed at the same time.
3. Neither side may add conditions now that the other never agreed to.
4. The review's account of the fee demand is accurate. TheAC, "I won't release it without a 200$ fee" is your sentence.
5. Each of you made a deal and then reopened it: cypherpink on Oct 13, TheAC after Oct 26. A settlement exists to end uncertainty, and one that gets reopened whenever it stops suiting someone ends nothing. Pacta sunt servanda: agreements must be kept. That binds both of you equally.

VIII. Remedy
Escrow. TheAC deposits the 200$ with a multisig mediator you both accept. cypherpink edits the review: refund noted, his own offer of the 200$ cut noted, "scam" dropped, fee demand kept. The mediator releases. Nobody goes first.

IX. A Note on Venue
This is the scam reports thread. People read it to find out who has taken someone's money and who might take theirs next. This dispute has taken over the last pages of it, and most of the recent posts repeat positions already on record instead of moving toward a resolution. Every round of back and forth pushes real reports further down, past the people who need to see them. If either of you wants to keep arguing after the findings above, take it to private messages or a thread of its own. The people following this thread for actual scammers deserve the space back.
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aka_TheAC Mediator Top Seller
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Reply to post #2569
If you used an AI to analyze the entire thing, it didn't do a great job so far in understanding what the discussion was exactly (and also costed our privacy). But thanks for the initiative. Please give your AI what I state below and ask him to double check if somewhat he/it made a mistake when it analyzed things. Or just read yourself our private chat PLEASE. For the next, I will have to reply with parts of clips from that private discussion considering XmrBazaar allows CypherPink to do what he does.

> TheAC did demand a fee.

Didn't go through all of it because I stopped here.. WHERE did I demand a fee PRIOR to him starting this drama? Pink states I demand a fee for the refund, THAT'S NOT TRUE even 0.1%. I said I demand a fee as compensation if he will force my hand to cost me more trouble/time/money/etc, which was solely to motivate him against that. That was our last discussion before this went public, prior to that I even said I won't refund him at all if he goes that route (I mean, in my opinion he really had nerve for it but anyway), but it was "bluffing" in both cases. Then we made a new deal at his request and even after he wanted me to FULLY keep the 200$ as fee, I asked him AGAIN to please wait for the full refund. He insisted me to keep it and give him 655$ otherwise he will do bad to me, to that I said I will only keep it temporarily as a deposit and not as fee. Then he went public with this calming this was a legit refund and not his mistake when paying, and calming I asked for a fee to refund him which is a 100% a lie.



UPDATE: With the laws thing it is almost spot on. And that's what I suggested to the admin as well.
Edited: Oct 31 17:06
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aka_TheAC Mediator Top Seller
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Admin I asked you something in regards to #2564 post and #2567 post. I also demand a proof FROM YOU WHO SAID YOU REVIEWED THE CASE, in which I tell CypherPink I will hold this 200$ as fee prior to Pink making this report. And if you find proof in which I say I WON'T HOLD A 200$ fee (1 day prior to this report), then why is CypherPink not flagged for lying/manipulation/blackmail/etc and why does my listing has a warning with his lie on it? AND HOW DO YOU EXPECT ME TO ENCOURAGE HIS EXTORTION?
Edited: Oct 31 17:06
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We_are_all_burning Donor - Resistor Top Seller
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I'm reporting member Possim, who tried to impersonate another member I'd done a face to face transaction with and had mentioned this in one of the chats I had in which I got scammed. I just reviewed my messages, and the username of the impersonator changed to Possim. Not sure how I can provide more evidence without disclosing the username of the person I did that in person deal with...hopefully that makes sense. It's late where I am, and I am t-i-r-e-d.
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aka_TheAC Mediator Top Seller
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Admin CypherPink just "scammed me" to pay his money back :). And I pretty much knew he is the one, and I didn't bother to double check. He did a poor impersonation of Douglass. I mean, XmrBazaar has a policy of not handling disputes, and Doug contacts me on SimpleX to resolve the dispute :)). He now got his money :).

His last message "1 confirmation confirmed . Now the great thing is, I've forced you to pay my money back, I had to scam you to get my money back, you'll have to prove it". I've recorded everything, but I hope he will just be in good faith and admit it and finally end this thing.

I just deleted my review on his profile (as I told him I will do few days back when I contacted him, and today during 'the scam'). From this moment on I won't really be able to provide this service anymore for new people anyway, because next time CypherPink needs a malicious payment to make, he will use my service and close all my bank accounts or worse.

With @Sammy, I still wait for a reply from that store. If they won't send the package back, I will refund him as well.

Good luck to XmrBazaar!
Edited: Nov 1 20:42
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cypherpink Mediator Donor - Resistor Top Seller
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I haven't contacted you after our last chat in XmrBazaar DM. I've posted my wallet address there; if you wanted to refund me 200$, you should be only using that address. If you're telling this in good faith, my best guess is that someone who read this dispute used social engineering to pretend they're part of the team. Sorry to hear this has happened to you. Don't trust people on simplex saying "i'm XmrBazaar creator send me money", nuff said. (Matter of fact, I've just recently got 50$ scammed like this myself, where after showing interest to Center for Reducing Suffering someone named Magnus Vinding wrote me in simplex and asked where can he buy crypto.)
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aka_TheAC Mediator Top Seller
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Reply to post #2610
Common, be fair-play and be happy you got it in the end especially as I sent it to you with good heart. And you would've got it with or without this report. But please, let's end this and forget it ever happened.
Edited: Nov 1 23:42
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Kevinotech
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i am getting a dm by random account https://xmrbazaar.com/user/Cyberoptic0x/ who is promoting some other marketplace called bazaarpay something and asking to get listed there. The account seems to be recently created. Not sure if violated the terms exactly but suspicious af. i have screenshot if his msgs if you want.
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Admin Admin Mediator Donor
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Reply to post #2641
Thank you. Cyberoptic0x’s account banned - DM spam.
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