Man who was scam victim files suit over arrest for forgery

A New Castle man who was duped by an Internet scam artist, and then arrested and held for a week in connection with the bad checks he inadvertently passed, sued a police sergeant today in U.S. District Court.

Scott Tomasello, 33, a college student, posted an ad seeking a roommate on Craigslist in February, according to his complaint.

Someone named "Jessica" responded by email, and said she'd send a check covering the security deposit and first month's rent, and he should send back the balance.

The check that she sent was from the North American Olive Oil Association. Mr. Tomasello's attorneys, Charles E. Steele and Marcus B. Schneider, did not know whether the check was stolen or forged.

Scam artists sometimes try to trick others into converting such checks into cash.

Mr. Tomasello deposited the check in a bank and prepared to send back the balance, when "Jessica" called saying she wanted to send another check. She did so, and Mr. Tomasello then told the bank "that he was concerned that the check may be fraudulent," and left it with the bank for investigation, according to the complaint.

Two weeks later, New Castle Police arrested him and charged him with forgery, theft by deception and receiving stolen property. Because he couldn't post bail, he was held for a week before bail was reduced.

All charges were withdrawn at a preliminary hearing.

"If our guy is going to be arrested for this, anybody who's a victim of an Internet scam can be put in jail for a week for being a victim of an Internet scam," said Mr. Steele. "We're going to take it all the way, because we think this is just bad police work.

"We support good police work," he added. "You can't be arrested for being a victim." The suit seeks compensatory and punitive damages for false arrest.

The lawsuit names police Sgt. Kevin Seelbaugh as the lone defendant. Neither he, nor Police Chief Robert A. Salem could be immediately reached for comment.

First published on April 4, 2012 at 4:56 pm