WOW! He is an attorney as well!
Hello.
Actually, I decided to look into this, ask a few questions.
The guy has not presented a valid call, and offered an "Even Trade", and a bad reputation.
And, several people filed theft cases, only to have them dismissed when it was discovered that this was to be "Even Trade".
If you agree to an "Even Trade" and it does not work out, there was no actual sale, and you are screwed!
Again, you can not argue theft in a "Even Trade".
In short, do not do it.
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You are correct, it is not theft.
It is fraud. Also covered by both criminal and civil laws. And is usually an easier case to make. So you are not screwed at all. You just need to use the correct laws.
Better get your money back on your law degree.