Claims

The huge barier for legitimate international trade is committed via the Internet Mass-marketing fraud.

Even single  fraudlent incident intimidates all potential buyers and ultimately hits oveseas revenue of each and every Chinese exporter.

Recent incidend is especially noteworthy because (alleged) fraudsters - Ketai and Coltech -

• are highly decorated (Gold members of Alibaba and Made-in-China dot-coms) and

• do not hide their legal identities from victims.

It is clear that intention of such demonstrative fraud is 

• to threaten Bueyr to death and 
• prevent Buyer from even thinking about any purchase in China anymore.

Essence of the Fraud

Essence of the incident is well known: Buyer did not receive goods he paid for.

The new flavor here is the particular trick to avoid liability for wrongdoing.

This trick is simple, effective and consists of 2 steps (Exhibit "SCHEMA"):

• Step 1. Seller initiates unsolicited (with Buyer) shipment from some (usually, fake) 3rd Party Vendor/Shipper to Buyer.
• Step 2. Seller attempts to get Buyer's Confirmation of the Receipt of this shipment.

Formal Confirmation of the Receipt is the backbone of the trick  that affects both Seller and Buyer, but in opposite manner:

Seller (benefits)

• got money for nothing,

• is indemnified against practically any Claims from Buyer,

• secure his "Gold member" status and is ready for new entertainment;

Buyer (losses)

• lost money,

• does not receive goods he paid for,

• cannot claim Seller for not-shipment (Buyer already issued Confirmation of the Receipt),

• cannot claim anybody for not-conformity good he received: neither Seller (Seller did not ship Buyer anything), nor 3rd Party Vendor/Shipper (3rd Party Vendor/Shipper did not promise Buyer anything), moreover,

• is open for claims from 3rd Party Vendor/Shipper to pay for shipment the Buyer never ordered but received.

Alleged Fraudsters

Fraudsters are

"Gold member" of Made-in-China.com

Shenzhen Ketai Electronic Co., Limited (http://szcoltech.en.made-in-china.com/, Exhibit "KETAI & COLTECH")

and

"Gold Supplier" of Alibaba.com

Shenzhen Coltech Electronic Co., Limited (http://szcoltech.en.alibaba.com/, Exhibit "COLTECH @ ALIBABA")

that shares the very same Address, the same Legal Representative, and the same Key staff.

Incident Details

Before entering, as well as while executing, Buy-and-Sell Contract with Coltech Buyer followed all recommendation from Made-in-China and Alibaba:

• Requested and got Audit Reports (Exhibit "REPORT"),

• Requested and received from Supplier detailed Proforma Invoices
  (actual form of Buy-and-Sell Contract - Exhibits "PI1" and "PI2").

• Upon receiving the PI, Buyer transfer money directly to Coltech's CORPORATE (!) account in HSBC bank (Exhibit "TT").
  In other words, Buyer fulfills his commitment per Buy-and-Sell contract.

• Shortly Buyer received from Coltech DHL Tracking # for the shipment.

First Suspicions

Through DHL web site Buyer discovered that trucking # points to bizarre shipment (Exhibit "DHL") that in no way can be associated with Proforma Invoice:

wrong Sender (Vendor), wrong Addressee (Buyer).

Moreover mentioned Addressor and Addressee both do not exist as legal entities at all.

For a months Buyer refused to assume the fraud, presumed misaddressing as technical error and tried to find and acquire this shipment.

In this way Buyer promptly informs Coltech the problem and asked Coltech to give copies of originals:

• Commercial invoice

• Air Waybill

• Detailed description of the goods shipped.

I.e., documents that by the Law should accompany each shipment, and that would allow Buyer to find misaddressed shipment and eventually to recover it.

Worst scenario becomes reality

Coltech was reluctant to provide and is still ignoring Buyer's multiple requests to clarify shipment status.
Most legally consistent statement so far is:
"Amy said that she shipped".

Instead of that Coltech aggressively mailed Buyer

• stating that this Tracking # is actually the subject Buyer paid for

• and demanding Buyer to confirm this Tracking # as the Proof-Of-Sale.

A month-long consequent mailing has clearly shown:

• Tracking # is the only information regarding shipping that Coltech discloses.

• Coltech prevents Buyer from recovering the shipment related to this Tracking #.

• Coltech refuses to describe the content of said shipment.

• Coltech refuses to disclose the commercial value (as per is to be attached commercial invoice) of the shipment.

• While referring to anonymous 3rd party Shipper, Coltech is reluctant to officially provide Buyer with actual name, address and/or other legal attribute of the Shipper.

Conclusion

Upon evaluation of the above facts Buyer may reasonably conclude that

• Coltech/Ketai made a false pretense or representation with
  intent to defraud Buyer and Buyer was in fact defrauded.

• Following FBI report "Mass-Marketing Fraud: A Threat Assessment" (http://www.fbi.gov/stats-services/publications/mass-marketing-fraud-threat-assessment),
  such actions of Ketai/Coltech allegedly constitute
  Committed via the Internet Mass-Marketing Fraud.

References

Ketai/Coltech corporate profiles on Alibaba and Made-in-China contain the following (Exhibits "REPORT" and "CERTIF"):