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Tracing the Birth and Evolution of Mundane Online Crime: Routine Activity Theory (RAT), Management Control Systems (MCSs), and the Sustainable Online Auction Con By Alexei N. Nikitkov, Dan N. Stone, and Timothy C. Miller Alexei N. Nikitkov Brock University Taro 231, Faculty of Business St. Catharines, ON L2S 3A1 Phone: (905) 688-5550 ext. 3272 Fax: (905) 688 9779 [email protected] Contact Author: Dan N. Stone University of Kentucky Von Allmen School of Accountancy 355F Gatton Business and Economics Building Lexington, KY 40506 Phone: 859-257-3043 Fax: 859-257-3654 [email protected] Timothy C. Miller Kent State University College of Business Administration P.O. Box 5190 Kent, OH 44242 Phone: 513-310-1059 Fax: 330- 672-2548 [email protected] March 14, 2011 Alexei Nikitkov thanks Brock University for a grant supporting this study. Dan Stone and Tim Miller thank the University of Kentucky, the Gatton College of Business and Economics, and, the Von Allmen School of Accountancy for grants supporting this research. Thanks to Wei-Cheng Shen for assistance with the data, and, Jacqueline Thompson and Amanda Jo Hall for assistance with the manuscript. For valuable comments and suggestions on previous drafts, thanks to workshop participants at the American Accounting Association 2006 annual meeting, the University of California Riverside, the University of Montana, and, to an anonymous reviewer for the 2011 AOS Fraud conference. The archival data are available from public sources. The primary data are available to scholars willing to sign agreements that protect the confidentiality of the sources. Keywords: routine activity theory (RAT), case study, deception, management control system, electronic auctions, electronic markets, longitudinal research.

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Page 1: Tracing the Birth and Evolution of Mundane Online Crime: Routine … · 2011-03-21 · Online Auction Con Abstract This article adapts and extends routine activity theory (RAT) to

Tracing the Birth and Evolution of Mundane Online Crime: Routine Activity

Theory (RAT), Management Control Systems (MCSs), and the Sustainable

Online Auction Con

By Alexei N. Nikitkov, Dan N. Stone, and Timothy C. Miller

Alexei N. Nikitkov

Brock University

Taro 231, Faculty of Business

St. Catharines, ON L2S 3A1

Phone: (905) 688-5550 ext. 3272

Fax: (905) 688 9779

[email protected]

Contact Author: Dan N. Stone

University of Kentucky

Von Allmen School of Accountancy

355F Gatton Business and Economics Building

Lexington, KY 40506

Phone: 859-257-3043

Fax: 859-257-3654

[email protected]

Timothy C. Miller

Kent State University

College of Business Administration

P.O. Box 5190

Kent, OH 44242

Phone: 513-310-1059

Fax: 330- 672-2548

[email protected]

March 14, 2011

Alexei Nikitkov thanks Brock University for a grant supporting this study. Dan Stone and Tim

Miller thank the University of Kentucky, the Gatton College of Business and Economics, and, the Von

Allmen School of Accountancy for grants supporting this research. Thanks to Wei-Cheng Shen for

assistance with the data, and, Jacqueline Thompson and Amanda Jo Hall for assistance with the

manuscript. For valuable comments and suggestions on previous drafts, thanks to workshop participants

at the American Accounting Association 2006 annual meeting, the University of California – Riverside,

the University of Montana, and, to an anonymous reviewer for the 2011 AOS Fraud conference.

The archival data are available from public sources. The primary data are available to scholars

willing to sign agreements that protect the confidentiality of the sources.

Keywords: routine activity theory (RAT), case study, deception, management control system, electronic

auctions, electronic markets, longitudinal research.

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Tracing the Birth and Evolution of Mundane Online Crime: Routine Activity

Theory (RAT), Management Control Systems (MCSs), and the Sustainable

Online Auction Con

Abstract

This article adapts and extends routine activity theory (RAT) to investigate the co-

evolution of eBay‘s management control system (MCS) with mundane crime in the rapidly

growing online auction market of 1997-2005. Qualitative and quantitative data, including from a

suspected deceptive seller‘s eight-year account history, indicates the presence of the three market

characteristics that RAT identifies as endemic to deception and crime: (1) a motivated offender,

(2) suitable targets, and, (3) an absence of capable guardians. The results provide evidence that,

until endgame, the seller‘s tactics embedded within eBay‘s emergent online MCS to enable a set

of ―sustainable‖ deception strategies. In addition, while the largely eBay-regulated online auction

market embedded mundane crime, this did not appear to inhibit the market‘s remarkable growth,

nor lessen eBay‘s dominance of it. Contributions include: (a) tracing the growth and evolution of

the nascent and evolving eBay online MCS, (b) reporting the embedding of seller deception

within this MCS, and (c) extending investigations of fraud and MCS to a new market context,

with new methods, theory, and data. The article concludes by arguing that the eBay MCS

successfully balanced control with ―innovation‖ among traders, which pragmatically meant

embedding ―acceptable‖ levels of mundane crime in the market.

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―Most people are honest. … But some people are dishonest. Or deceptive. … But here, those

people can't hide. We'll drive them away. Protect others from them.‖ (eBay founder Pierre

Omidyar, Letter to the eBay community, February 26, 1996)

―We believe people are basically good.‖ (eBay, Code of Business Conduct and Ethics,

2010a).

INTRODUCTION

Evidence suggests that in early August 2005 the eBay Trust and Safety department, i.e.,

the eBay unit charged with monitoring suspicious account activity, ―delisted‖(removed) the

account of ―eBay_Seller‖ (a pseudonym), temporarily interrupting the account‘s eight-year

history. 1

In the account‘s final year, almost 25% of buyers posted negative feedback about the

account to the eBay site; over the account‘s history, almost 400 buyers posted either negative or

neutral feedback, a significant departure from the ~ 99% positive norm for eBay feedback. How

was such a failure to meet buyer expectations possible in the ―world‘s largest online trading

community‖ in which sellers must, ―… consistently provide service that results in a high level of

buyer satisfaction‖ (eBay 2009). What methods allowed this seller to avoid account removal

(i.e., delisting) by the eBay Trust and Safety department for eight years, and to then have the

account closed only temporarily?

Online retail sales grew from ~ $0, in the early 1990s, pre-internet era, to $41.5 billion in

the US in the third quarter of 2010 (US Commerce Department 2010). The online auction

market, a large component of online retail sales, provides a unique context for investigating the

birth and evolution of an online MCS. One online auction market facilitator, i.e., eBay,

dominates the market sufficiently that their main competitors (i.e., YAHOO! Auctions & Amazon

1 Evidence that eBay delisted this account includes: (a) correspondence with buyers subsequent to the account

closing indicating that buyers believed that eBay pressured the seller to make restitution for disputed transactions in

which eBay held for the buyer and (b) that the seller‘s account was reinstated after the seller achieved resolution of

some portion of the disputed transactions.

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Auctions) closed their auction sites (Yahoo in 2007 and Amazon in 2008). Prior to the exit of

their main competitors, and at the time of this case, eBay held a dominant (~ 60%) market share

(Skogøy 2010).

Within the laissez-faire online consumer auction market, eBay dominated, and was the

industry leader in establishing a MCS (Cohen 2002). eBay‘s dilemma in constructing a MCS was

a unique variant of a familiar problem: how to balance the dynamic tension of control versus

flexibility (Mundy, 2010; Simons, 1995a, 1995b), but in a market setting and using technologies

that were new in the history of business. The nascent online auction market affords a unique

opportunity to investigate the birth and growth of a MCS in the online, consumer-products

market, which differs in important ways from most previous investigations of MCS. The MCS

literature largely investigates relations among traditional hierarchical organizations engaged in

supply chain alliances between corporate partners. In contrast, eBay‘s emergence as the

dominant online auction facilitator affords the opportunity to investigate the growth of an online

market facilitator‘s MCS in a largely unregulated, online market, with a large, international

clientele of small business and individual traders, and in which one organization, i.e., eBay,

almost single-handedly created an emergent global market.

During the period of this case (1997-2005), eBay‘s growth was explosive (See Table 1).

In 1997, eBay had fewer than ½ million registered sellers, ~ 4.4 million listings, and sales of ~

$95 million. Eight-years later, registered users, listings and sales grew to about 50 times their

1997 levels, to 181 million registered users, 1.9 billion listings, and, $44 billion in sales. Wedded

to this remarkable success and growth however, was a parallel growth in online fraud and

deception that resulted from the unregulated nature of online activity and ecommerce (Baker

2002). The Internet Crime Complaint Center (ICCC), a partnership between the US FBI and the

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White Collar Crime Center, began tracking online crime in 2001, four years after the start of this

case. Between 2001 and 2005, online auction fraud complaints grew by over 500%, from 21,576

to 133,380.2 In all years of this case, online auction fraud was the most frequent complaint filed

with the ICCC.

Insert Table 1 about here

Consistent with the largely unregulated nature of online activity (Dilla, Harrison,

Mennecke, and Janvrin 2011), the growth of the emergent online auction market exceeded the

capacity and ability of US law enforcement to enforce contracts and punish deceivers and

fraudsters. As one detective (who requested anonymity) stated in an interview:

I can either try to catch murders, rapists, and robbers, or I can spend 20

hours trying to get back the $100 that some guy lost to some jerk wad in Russia

while bidding on a camera on eBay. And if I find the jerk wad in Russia, I won‘t

have any jurisdiction to go after him. What would you do (Anonymous, 2010)?

Absent law enforcement, contracts in the online auction market were governed by private

enforcement, which pragmatically, meant the eBay MCS, and, user ―policing‖ through vigilante

and online ―neighborhood-watch‖ groups (Goldsborough 2003; Chua, Wareham et al. 2007).

Hence, the eBay MCS became a surrogate for law enforcement (Walton 2006). But as Baker

(2002, p. 9) notes: ―Online auctions typically take no responsibility for the quality, the

suitability, or event the existence of the merchandise offered for sale. Fraudulent sales of

products using on-line auctions, such as eBay, have occurred on a regular basis.‖ Hence, the

emerging online auction market offers a unique case study in which a private firms‘ MCS

became the predominant market control, a partial substitute for law enforcement, and a means for

permitting some, but not all, deceitful practices. This investigation seeks to situate the unique

2 In addition, between 2001 and 2005, the rate of growth in online auction complaints (518%) exceeds that of the

rate of growth of all online fraud complaints (323%).

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and evolving eBay MCS in relation to the activities of a deceptive seller with an eight-year eBay

account tenure.

This investigation aims to introduce new methods, theory, and data to the accounting

fraud research literature. Our synthesis of methods includes the use of mixed -- i.e., ―thick and

thin‖, quantitative and qualitative -- data. The methodological contribution is the introduction

and synthesis of three disparate research methods: forensic, benchmarking and qualitative.

Longitudinally tracing the focal seller‘s behavior, and, identifying its potential legal implications,

constitutes the ―forensic‖ method investigation. The quantitative, large-sample portion of the

investigation consists of a quantitative event-study method, commonly used in capital markets

research, to examine market-reactions to company announcements, and to compare the focal

versus benchmark vendors‘ reactions to changes in the eBay control environment. Finally,

qualitative methods, adapted to the unique online data set, permit investigation of the focal

seller‘s account history.

We next present the theory that underlies the investigation.

THEORY AND LITERATURE

Routine Activity Theory (RAT)

Early criminology research largely focused on the individual attributes and motives of

potential criminals as predictors of criminal inclinations and behavior (Felson and Cohen 1980).

Cressey‘s (1953) fraud triangle (opportunity, individual non-sharable financial problem, and

individual rationalization), derived from interviews with convicted felons, illustrates a theory

from this era focused on individual criminal personality and attributes. Despite limited evidence

supporting its structure and inferences, much accounting research and practice have adopted the

fraud triangle as a framework for considering fraud and deception (cf. Donegan and Ganon

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2008). For example, the Auditing Standards Board (AICPA 2002) promulgated the fraud triangle

in Statement on Auditing Standards (SAS) 99. The fraud triangle is also an organizing framework

for forensic accounting and fraud auditing textbooks (Singleton and Bologna 2006; Singleton

and Singleton 2010). However, as Mitchell, Sikka et al. (1998, p. 593) note, a theoretical focus

on the personality traits of potential fraudsters is relatively unhelpful in situating crime and

deception within its social and organization locus:

This focus upon the personality of individual criminals may be of some

help in differentiating those individuals who are most vulnerable to the attraction

of activities that are defined as criminal. But it simultaneously obscures the extent

to which institutional structures and norms provide both opportunity and motive

for engaging in activities that are prescribed as criminal.

This article proposes RAT as an alternative model for considering organizational and

market controls and fraud. With over 850 citations in the ―Web of Science‖ database (Soyer

2009), RAT is among the most enduring and important criminology theories (Boetig 2006).

Since its 1979 introduction, its creators have expanded and adapted aspects of the theory to

evolving markets and social conditions (Felson and Clarke 1998). This article applies the original

exposition of RAT (Cohen and Felson 1979; Felson and Cohen 1980), augmented by its

originators‘ subsequent proposed methods for reducing crime, e.g., Clarke (1997) and Felson and

Clarke (1998), and, more recent speculations regarding RAT‘s applicability to online crime

(Felson 2006).3 Additionally, the article adapts one model component, the Principle of Least

Effort (POLE), introduced in Felson (1987).

RAT‘s principal concern is the ecology of crime, which occurs when three factors

converge: (1) motivated offenders, (2) suitable targets (in economic crimes, product

characteristics), and, (3) the absence of capable guardians. Analysis of the situated assembly in

3 For example, we omit Felson‘s (1986) extension of the theory to include the construct of ―intimate handlers‖ as

lacking relevance to the online auction deception context.

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space and time, of these elements, can explain and predict crime rates and their locales. More

specifically, observation of changes in the routine activities of mundane, daily life can predict the

extent of convergence of these factors, and therefore, crime (Cohen and Felson 1979). The core

RAT calculus of crime is: (1) the frequency and nature of contact between potential offenders,

and, (2) targets, (3) in the absence of capable guardians, predicts (4) the likelihood of

―predatory‖ crime, i.e., crime that includes a victim and perpetrator.

Figure 1 illustrates the relation between the elements of RAT and the fraud triangle. RAT

and the fraud triangle are both contingency theories; in addition, both contain three variables that

are proposed as diagnostic of crime-related outcomes. But the predictor variables, and the

predicted outcomes, differ between the theories. The predicted outcome of the fraud triangle is

the likelihood that an individual will commit a crime; in contrast, RAT predicts the likelihood of

crime in a market or other social context. Regarding predictor variables, within RAT, crime

happens -- motivated offenders are assumed to exist – and their individual cognitions and

motivations are considered largely irrelevant. In contrast, the central focus of the fraud triangle is

an individual criminal‘s motivations, rationalizations, and perceptions of criminal opportunity.

Hence, while motivated offenders are a shared element of RAT and the fraud triangle, the focus

on this element differs between theories; RAT assumes the presence of the motivated offender

while the fraud triangle‘s focus is analysis of the offender‘s perceptions, i.e., his or her

cognitions about, and motivations for, crime.

Insert Figure 1 about here

In contrast, RAT‘s primary focus is the environment: i.e., the localized, situated assembly

of offenders, targets, and capable guardians, within a market or social ecology. Suitable targets,

which can refer to either victims, or in economic crimes, the characteristics of products that are

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stolen, are potential prey in a symbiotic relation to motivated offenders. Thoughtful ecological

design of social and market spaces can reduce crime by lessening the convergence of offenders,

targets and lack of capable guardians, and make its ―displacement‖, i.e., redirection towards

other targets unlikely (Felson and Clarke 1998). For economic crime, RAT posits that target-

objects vary in attractiveness to offenders based on four characteristics: Value, Inertia, Visibility

and Access (VIVA) (Felson and Cohen 1980a). Goods with higher symbolic or economic value,

that are easy to physically move (i.e., are low in inertia), are more visible, and, are easier to

access, are more desirable criminal targets.

Felson (1987) argues that, ―detailed local analysis is the best way to learn how crime

reaches people (p. 921).‖ Consistent with this approach, this case aspires to a ―local‖, i.e.,

situated and forensic, online auction market analysis of the focal Seller (the likely offender) in

relation to a benchmark set of comparison vendors, buyers (some of whom are target-owner

victims), products (some of which are target-products), and the evolving eBay market feedback

and control system (as a guardian). RAT‘s Principle of Least Effort (POLE) integration into the

analysis permits examination of issues related to offender‘s efforts to manage crime; according

to the POLE, potential perpetrators will minimize the cognitive and physical effort expended on

a crime, given a goal, target, and guardian; hence, POLE predicts that offenders commit

minimally effortful crimes that achieve the required criminal intent.

RAT, Cybercrime, and, Online Auction Deception

How does ―meatspace‖ 4

, i.e., physical, crime differ from virtual or ―cyber‖ crime (cf.

Baker 2002)? Yar (2005) explored the usefulness of RAT principles and constructs to

cybercrime activities; he argued that the two of the core constructs of RAT, i.e., motivated

4 The term ―meatspace‖ entered the Oxford English Dictionary (OED 2009) in 2001. It is defined as, ―noun: The

physical world, as opposed to cyberspace or a virtual environment.‖

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offenders and capable guardians, directly and easily generalize to cyberspace; however, the

construct of suitable targets is more problematic; specifically, the VIVA constructs differ, and

assume differential relevance and complexity, in cyber- compared with meatspace. Specifically,

Yar (2005, p. 422) argued that while value remains relevant, ―… the remaining three sub-

variables <i.e., inertia, visibility and accessibility> exhibit considerable divergence between real

and virtual settings‖ including differences in ―… distance, location and movement‖.

RAT assumes that crime facilitation and prevention are dynamic, ecologically situated

processes. Given the extraordinary growth and rapid evolution of the eBay market and control

system, a dynamic theory – such as RAT -- holds promise for explaining the co-evolution of

deceptions and controls. In contrast, many theories, e.g., analytical models, have studied online

markets as static or single-period phenomenon. Alternatively however, RAT‘s focus on the

physical characteristics of potential targets -- for example, on an object‘s ―inertia‖ as predictors

of criminal likelihood -- seem unlikely to extend to the virtual environment. One goal of this

investigation is to determine the extent to which, and how, RAT constructs extend to online

auction seller deception, and to the constructs and elements of MCS.

The investigated research questions (RQs), organized around the three principle

constructs of RAT, are:

RQ1: The offender - Does the assumption of the motivated offender hold, i.e. was the

focal vendor deceptive?

RQ2: The guardian – did eBay‘s MCS influence the focal seller‘s behavior to alter his

deception strategies?

RQ3: The target - Do RAT‘s VIVA predictions regarding the characteristics of targeted

criminal products hold in relation to the focal vendor‘s deceptions?

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At least three research literatures are relevant to these questions and the present

investigation:

1. the nature and evolution of MCSs, and,

2. the nature and evolution of crime and fraud in markets and organizations

3. eBay and the online auction market

We next consider the purpose of the present manuscript in relation to these literatures.

Management Control

The first body of research to which the present investigation relates applies field methods

to investigate the nature and practice of MCSs (Ahrens and Chapman 2006, 2007; Widener

2007). Most investigations within this work focus on manufacturing companies (e.g., Chenhall

and Langfield-Smith 1998; Lillis 2002; Wouters and Wilderom 2008; Henri and Journeault

2010), or, on control systems in hybrid organizations that include outsourcing, joint ventures or

partnering relations among companies (e.g., Boland, Sharma et al. 2008; Dekker 2004; Caglio

and Ditillo 2008). We are unaware of any previous investigations into a managerial control

system, such as that found in eBay, in a rapidly growing online market, in which a single,

dominant market facilitator emerged as the de facto industry control system standard, and, in

which comparatively small buyers and sellers operated at the permission of the market facilitator

(cf. Caglio & Ditillo, 2008). The market context of Frances & Garnsey (1996), perhaps, most

closely resembles that of the present investigation; they investigated technology-enabled changes

in relations between supermarkets and their suppliers, in particular, how technology-enabled

increases in accountability of suppliers to supermarkets, increased supermarket dominance in the

United Kingdom (UK) food market. The present investigation differs from Frances & Garnsey

(1996), however, in its focus on deception and fraud.

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Accounting-Relevant Crime

The second relevant body of research investigates multiple aspects of accounting-relevant

crime and fraud. This research includes investigations of audit technologies for detecting fraud

(e.g., Lynch, Murthy et al. 2009; Brazel, Carpenter et al. 2010; Hammersley, Bamber et al. 2010;

Hunton and Gold 2010), the cognitive processes that underlie an auditor‘s detection of fraud

(Johnson, Grazioli et al. 1993, 2001; Jamal, Johnson et al. 1995), financial statement deception

by management (Jamal, Johnson et al. 1995; Hogan, Rezaee et al. 2008), and to a lesser extent,

white-collar crime perpetrated by executives (Mitchell, Sikka et al. 1998; Lehman and Okcabol

2005). This article contributes to this literature by exploring a different type of crime (theft

versus financial statement fraud), market (online consumer auctions), perpetrator (an online

seller), and MCS (eBay during a period of explosive growth).

eBay and the Online Auction Market

The third relevant body of research investigates online auctions, including deception.

Steiglitz (2007) investigates online auction market mechanisms and processes, including

deception. Duh, Jamal et al. (2002) provide a framework for evaluating the eBay MCS. Chua,

Wareham and Robey (2007) investigated the response of independent online communities to

auction frauds and their relationship to authorities. Some research has investigated online auction

markets using cross-sectional data at single time points. For example, previous large-sample,

quantitative research explores the mechanisms of price setting in online auctions, including the

influence of trust (e.g., Ba and Pavlou 2002), and, how feedback influences sellers‘ choices of

honest (versus deceptive) auction practices.

This academic research is supplemented by case-study, often first-person, narratives of

online deception. These include popular press accounts of one-time fraud and deception (e.g.,

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Anonymous 2007; Warner 2003; Wingfield 2004), ―how-to‖ advice based on archival accounts

of one-time online deceptions (e.g., Hitchcock and Page 2002/2006; Silver Lake Editors 2006),

first-person accounts of one-time deceptions written by deceived buyers (e.g., Klink and Klink

2005, 2007; Willcox 2005).

Walton (2006) self-reports his fraudulent eBay sales tactics, following his conviction on

federal fraud charges. His seventeen-month account tenure – from 11/1998 through 5/2000 –

included shill bidding, collusive feedback, and, multiple tactics for creating and selling faked

paintings on eBay.5 It effectively ended due to wide-spread publicity, including front-page

articles in the Wall Street Journal, New York Times, and, the Los Angeles Times; comparison of

Walton‘s to single-incident online deceptions suggests that long-term online deceptions are

likely to be complex and to involve multiple deception tactics (cf. Xiao and Benbasat

forthcoming). In contrast, a small number of tactics appear to be used in single-event deceptions.

For example, we re-analyzed Grazioli and Jarvenpaa‘s (2003a) sample (n = 48) of online auction

deception news reports; re-analysis indicated that 75% of the detected and reported online

auction deceptions relied on a single deception strategy: an ―inventing‖ tactic in which a

fraudulent seller listed goods that he or she did not own.6

The absence of theory-based investigations of long-term deceptions in the online auction

market is an understandable lacuna in the accounting crime and MCS literatures; the online

auction market is young – eBay is less than 15 years old; in addition, multi-period deception is

only possible by effectively disguising the deception (Bell and Whaley 1982, 1991). In online

markets, as in nature, deceivers seek invisibility. In relation to this literature, this investigation

5 These deception strategies are also reported in Steiglitz, K. (2007). Snipers, shills, & sharks: eBay and human

behavior. Princeton, Princeton University Press. 6 Sincere thanks to Professors Grazioli and Jarvenpaa for sharing their data. Our re-analysis replicated their method.

Specifically, two, independent coders classified the deceptions in the data, using the same categories as the original

research paper. Coder agreement was 97.9%. Differences were resolved through discussion.

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seeks to uncover the tactics by which an online deceiver successfully embedded within the eBay

MCS.

The eBay MCS

The eBay MCS included elements in common with other organizational MCS. For

example, applying Simon‘s (1995a, 1995b) model of the components of a MCS (i.e., belief,

boundary, diagnostic control system (DCS), interactive control system), the two quotations at the

beginning of this article can be characterized as a part of the eBay MCS belief system, which

includes a statement of guiding values and beliefs (eBay 2011). The evolving set of prohibited

buyer and seller behaviors (e.g., eBay 2009, 2010a, 2010b), constitute a boundary system for

eBay traders, though eBay‘s enforcement of these rules appeared to be selective (Cohen 2002;

Walton 2006). Because of the secrecy with which eBay guarded its internal operations, little is

known about its interactive control system, beyond its public forums (Cohen 2002; eBay 2008).

But among the most important innovations at eBay was its evolving diagnostic control system

(DCS), i.e., the feedback system for monitoring buyer and seller performance. Research has

often assumed that the eBay market, and its MCS, was static (e.g., Duh, Jamal et al. 2002;

Dellarocas 2003a, 2005; Gu 2007; Steiglitz 2007). In fact, the eBay MCS evolved in relation to

emergent seller and buyer abuses (Cohen 2002). For example, attorney Mark Walton (2006),

who began trading on eBay in the same year as this case study begins, argued that:

In 1998 it <eBay> had no effective mechanism to detect shill bidding

<bidding by a confederate to inflate prices> or determine if a single person was

registering many different user IDs. eBay considered itself a neutral platform

and let its users do pretty much as they pleased, perhaps fearing that if it

became too involved in policing its site it would someday be legally bound

to do so. Except when abuses were reported by users and easily verified, it

looked the other way. EBay was, after all, ‗all based on trust‘ (p. 14).

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eBay‘s Trust and Safety Department used the feedback DCS to monitor and selectively

discipline traders (Cohen 2002). This system partially enabled the creation of a vast online

market that was limited only by the reach of the internet and potential traders‘ trust in the market

and the eBay MCS that enabled it (Dellarocas 2003a). But while the eBay feedback system

enabled vast market reach, it also obscured many traditional relations and contact points among

trading partners, leading some to characterize the online market as a ―hyperreality‖ where the

constructs of crime and deception no longer had clear meaning (see also Floridi and Sanders

2001):

Arguably, cyberspace is a realm of hyperreality where signs have become

detached from their referents. Clear definitions of terms such as ―crime‖, ―fraud‖

and ―deceit‖ may become problematic when faced with a situation of hyperreality

(Baker 2002, p. 4).

In relation to the eBay MCS, this article seeks to explicate the ways in which the eBay

MCS and DCS evolved, and allowed some, but not other, deceptions to embed within the

market.

We next describe the research method.

RESEARCH METHOD

The investigation employs three methods: (1) forensic analysis (2) benchmarking,

including an event-study analysis, and, (3) unobtrusive qualitative methods. The following

section introduces forensic methods, describes the selection of the focal seller, and, introduces

the data sources, quality, and classifications.

A “Forensic” Social Science Method

Unpacking the ―unseen hand‖ of routine crime, from it‘s embedding in mundane

economic activity, challenges traditional research methods. Forensic science concerns

investigations with potential legal implications. Nascent forensic investigation methods (Golden,

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Skalak, and Clayton 2006; Hopwood, Leiner, and Young 2008; Vastrick and Institute of Internal

Auditors Research Foundation 2004; Weiner and Hess 2006) rely on the retrospective

reconstruction of events and behaviors to determine causality and culpability.7 For example,

computer, or online, forensic investigations determine whether and how computers or networks

facilitate incidents with legal, often criminal, implications (Sheetz 2007). Because their concern

is with legal issues in specific cases, forensic methods intensely examine contextually embedded,

i.e., ideographic, incidents.

A disadvantage of adapting and applying online forensic methods as social science tools

is that these methods afford few controls; consequently, their weakness is in generating

nomothetic (i.e., generalizable) explanations across units, treatments, outcomes, and settings

(Shadish, Cook, and Campbell 2002). To increase the generalizability of the account, we

supplement online forensic methods with an event-study method that tests for focal and

benchmark seller reactions to changes in the eBay control structure. Our longitudinal

investigation tracks the focal seller, and a set of benchmark sellers, over an eight-year period.

Focal Seller Selection

Clear selection criteria are important to establishing the contribution of research that

focuses on critical cases (Dube and Pare 2003; Eisenhardt 1989; Eisenhardt and Graebner 2007).

We chose eBay as the market and MCS focus of the study because of its unique position as the

dominant online auction market facilitator, and, because of one author‘s unique and extensive

eBay expertise. Selection of the focal seller of this case synergistically combines two elements of

sample selection in unobtrusive inquiry (e.g., Miles and Huberman 1994; Patton and Patton

7 Although beyond the scope of our investigation, we note the similarity of forensic to ―sensemaking‖ research

methods (Gioia and Chittipeddi 1991; Weick 1990, 1995; Weick, Sutcliffe, and Obstfeld 2005) and anticipate, with

enthusiasm, explorations of the similarities and differences of these methods, e.g., see Attfield and Blandford (2009)

for a sensemaking investigation of a systems-related, accounting fraud.

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1990; Webb, Campbell et al. 1966) that we deemed crucial to studying a ―successful,‖ long-term

embedded deception:

1. Sustained, Embedded Deception. Evidence, presented in the results section, suggests that

the focal seller had unusually high rates of negative feedback and engaged in multiple

deceptive practices. As a long-term, successful deceiver, this seller is a ―critical‖ case for

market-makers, sellers, and buyers seeking to limit the extent of online auction market

deception. In addition, the case illustrates the processes whereby deception becomes

embedded in successful markets.

2. A Critical Test of the eBay MCS. EBay invested substantial resources in preventing theft

and defalcation (e.g., Duh, Jamal, and Sunder 2002; Shaughnessy 2004) during the case

period. Accordingly, a multi-year deception would suggest that eBay‘s control resources

were ineffective against the focal seller of this case. Hence, this analysis promises insight

into the processes by which mundane crime came to embed within the eBay MCS.

We next consider data quality, data sources, and the division of the account history into

phases.

Data Sources

Forensic research requires expert investigator knowledge (Golden, Skalak, and Clayton

2006); this case originated in one author‘s knowledge of seller deception in the eBay market,

including knowledge of the evolving properties of ―normal‖ eBay sellers and a heightened

awareness of sellers whose activity suggested deception. Months of qualitative ―data mining‖ of

unusual sellers and transactions led to the discovery of the focal seller.8

8 To preserve the privacy and anonymity of eBay users (cf. King 1996), including the focal seller, we use

pseudonyms for all eBay accounts.

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Preliminary analysis suggested that the focal seller was deceptive; subsequent analysis,

including email interviews with buyers, suggested confirmation of deception. A mixed method,

forensic, event-study, qualitative analysis of a multi-year e-auction seller deception has multiple

potential benefits. Such analysis ―triangulates‖ (Dube and Pare 2003; Jick 1979), i.e., applies

differing and complementary research methods compared with previous approaches. In addition,

an eight-year deception, without prosecution, can be construed as a ―success‖ from the

perspective of the perpetrating seller. In contrast, Walton‘s (2006) seventeen-month deception

ended with his and his partner‘s prosecution and conviction on federal fraud charges. Hence, the

current account offers the possibility of studying ―sustainable‖ online deceptive seller practices.

Data Quality and the Evolving eBay MCS

The appendix summarizes the major changes in the eBay MCS between its inception in

1996 and early 2008. Two of these changes hold particular relevance to this case. In March 2000,

eBay restricted feedback to completed auction transactions. Before this date, eBay allowed self-

and friend-posted feedback that did not require a transaction. Accordingly, eBay data prior to

March 2000 are less reliable indicators of unusual and suspicious trading than are the subsequent

data.

In July 2001, eBay began designating buyers‘ and sellers‘ transaction roles in the US

market. In assessing the data prior to this date, we identify transaction buyers and sellers, where

possible, by analyzing feedback comments. The case focus is on the focal and benchmark

vendors‘ activities as sellers not buyers; hence, most transaction data prior to March 2000 are

excluded from benchmark comparisons. Specifically, transaction data prior to March 2000 help

establish the existence of phases, and, permit tests of strategy evolution by the focal seller.

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The Evolving eBay MCS: Account Phases

We link the evolution of the eBay MCS to the focal seller‘s activity, by proposing four

phases of account activity, which delimit eBay MCS policy changes. Phase 1 begins with the

opening of the account (9/97) and ends with the eBay policy change, fully implemented in the

US market, on ~ 3/1/2000, that all posted feedback must relate to an auction transaction. Phase 2

begins on 3/2/2000 and ends on 7/11/2001, when eBay began designating transaction roles, i.e.,

separating buyer and seller, and, improved displays of the summary feedback profiles of traders.

Phase 3 begins on 7/12/2001, and ends on 2/9/2004, with the full implementation in the US

market, of the mutual feedback withdrawal policy; this policy stipulates that eBay will remove

negative comments from feedback profiles when buyers and sellers agreed to do so. Phase 4

begins on 2/10/2004, and ends on 8/2/2005, when eBay delisted the focal sellers‘ account. The

appendix summarizes these phases, and lists eBay control changes that precede and follow the

case period.

Focal Seller and Benchmark Vendors

Analysis included reviewing eBay transaction data for the focal seller related to

transaction volume, feedback sign (i.e., positive, negative, neutral), buyers‘ feedback comments,

and focal seller‘s replies to buyers‘ feedback comments. As a ―natural control‖ (Dube and Pare

2003; Lee 1989; Shadish, Cook et al. 2002), we compared the focal seller‘s feedback rates from

buyers, and frequency of repeated buyers, with the five best-matching contemporaneous sellers

in the same eBay sub-market. Matched sellers primarily sold used computers and electronic

equipment on eBay. The contemporaneous benchmark vendors completed between 23 and 2,726

total sales transactions over a comparable period (average = 972.0, SD = 1,220.6). These data

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provide evidence as to whether the focal seller‘s behavior: (1) differed from that of benchmark

vendors‘ and, (2) suggests deception.

Focal Seller’s Products

EBay‘s long-term transaction records, i.e., greater than 90 days past auction close, do not

include product or sales price information. Because of this, two coders initially analyzed all

feedback comments and transaction records to identify the products sold in the focal seller‘s

auctions. Preliminary analysis suggested that the seller primarily sold in three categories: (1)

laptop computers, (2) cell-phone and laptop computer batteries, and (3) computer and electronic

components. Subsequently, two separate coders, who were blind to the purpose of the study,

categorized all identified product sales into these three categories. After training (Krippendorff

2004; Neuendorf 2002), the coders evidenced a high rate of agreement on the product codings

(99.8% agreement; Cohen‘s Kappa Coefficient: 0.985). The few differences among coders were

resolved by discussion.

Standardized (Canned) Focal Sellers’ Replies to Buyer Feedback

As a measure of the focal sellers‘ application of the POLE, we counted the frequency

with which he responded to buyers‘ feedback with repeated, standardized (i.e., ―canned‖) replies.

We deemed a reply to a feedback posting to be standardized and repeated if the seller reused the

reply five or more times.9 Canned replies also provide evidence of a seller‘s failure to address

buyers‘ concerns.

Additional Contextual Sources and Interview Data

Review of documents, intended to provide insight into the current and evolving nature of

online auction markets and seller deception within those markets, included:

9 As a test of metric sensitivity, we analyzed repeated replies that the seller used fewer than five times. The reported

results do not differ based on the cutoff used for defining repeated replies.

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1. user postings to online auction list servers and discussion groups (i.e., eBay 2008;

Vendio Services 2008),

2. websites that evaluated and critiqued online auctions and eBay (i.e., Kenny 2008;

Klink and Klink 2005, 2007),

3. court and case records related to the Walton (2006) case, described previously, for

insights into Walton and his colleagues‘ deception tactics and their relations to the

eBay MCS.

Due to repeatedly denied requests for interviews to eBay Trust and Safety Department

personnel, the focal seller, and law enforcement, the data are almost entirely archival. EBay

declined these requests based on confidentiality agreements with account holders. The focal

seller also did not reply to repeated requests for interviews. Finally, requests for interviews with

law enforcement officials were declined, except in one case in which a retired detective agreed to

an anonymous interview. 10

Requests for semi-structured, email interviews with thirty buyers

from the focal seller resulted in fourteen completed interviews.

EXPECTATIONS AND RESULTS

Table 2 summarizes the research questions, data and analyses organized around the three

research questions.

Insert Table 2 about here

RQ1: The Likely Offender: Was the Focal Seller Deceptive?

Consistent with RAT, we assume, within the context of the eBay MCS, the existence of

deceptive sellers who seek to maximize financial gain and (obviously) avoid detection, including

10

The ethical requirements of forensic research, (e.g., Barnett 2001; Bowen 2010) mandated disclosing to the seller

that our investigation involved a ―forensic‖, i.e., legal, issue. Given this, his declining the requests for interviews is

unsurprising.

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avoiding account delisting by eBay. This section considers the evidence that the focal seller

deceived buyers.

Comparing the negative feedback rates of the focal seller to the overall eBay market,

using the binominal probability distribution, tests the likelihood that the focal seller‘s feedback

rate did not differ from that of the overall eBay market. For the focal and benchmark vendors, we

also compared the frequency of repeat buyers, and, of positive and negative feedback posts.

Because the dependent measures were dichotomous, we used binomial logistic regression for

these individual comparisons, and, MANOVA as a test of the overall model significance.

Finally, we reviewed qualitative evidence suggesting deceptive tactics.

Benchmarking: Focal Seller Versus eBay Market-Wide Feedback

The focal account opened in September 1997, although buyer feedback posts allege that

this seller had pre-1997 accounts that were used to cross-post self-generated, positive feedback.

The account remained active until August 2005 when the evidence suggests that eBay delisted

(i.e., removed) the account. EBay lists 4,571 account transactions for eBay_Seller. For the period

from 2000–2005 (i.e., the more reliable data period), eBay lists 4,089 transactions for the focal

seller; analysis indicated that 3,947 (96.5%) of these transactions were sales. Among the sales

transactions, 217 (5.49%) received negative and 123 (3.1%) received neutral feedback. Most

eBay sellers rarely receive negative or neutral feedback (Resnick and Zeckhauser 2002; Walton

2006; Steiglitz 2007). For example, Bajari and Hortaçsu (2002) documented a positive feedback

rate among a sample of eBay auction coin sellers of 99.8%, which corresponds to one negative

feedback posting for every 500 transactions.

To test whether the focal seller‘s feedback rate was high compared with the overall eBay

market, we computed the likelihood of the observed (5.49%) negative feedback rate, where we

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assumed that a normal negative feedback rate is 1%; this probability is less than 0.000001

(binominal probability: Lowry 2010); accordingly, the focal seller‘s negative feedback rate on

sales transactions is high relative to overall eBay market norms, even allowing for an unusually

high benchmark (comparison) negative feedback rate (1%).

Benchmarking: Focal Seller versus Used Electronic Benchmark Vendors

Although the negative feedback rates of the focal account are high relative to the overall

eBay market, used electronics equipment sellers on eBay may have similar, high-negative

feedback rates. To test whether the focal seller‘s feedback rating, and, percentage of repeat

customers, was normal for the used electronics auction market, we compared the feedback rates

and percentage of repeat customers of the focal and benchmark vendors using MANOVA and

binomial logistic regression (See Table 3). Compared with the benchmark vendors, eBay_Seller

received more negative feedback postings, fewer positive feedback postings, and, had fewer

repeat customers (MANOVA results: F(3, 7878), p < 0.0001, Wilks‘ Lambda = 91.7, Pillai‘s

Trace = 0.03, Hotelling‘s Trace = 0.04).

Insert Table 3 about here

Qualitative Forensic Analysis: Threats and Retaliation

eBay policy prohibits threatening others: ―Members can‘t threaten others with neutral or

negative Feedback or require that specific Feedback be left‖ (capitalization in original; eBay

2010b). The focal seller threatened buyers, sometimes publicly (source: buyer feedback posts),

sometimes privately (source: email interviews with buyers), with negative feedback to procure

payment or to retaliate for buyers‘ leaving negative feedback. Some buyers state that the focal

seller threatened them with negative feedback in email correspondence subsequent to their

purchase. For example, ―This Clown has my money I have NOTHING but bad feedback and

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threats — BEWARE‖ (capitalization in original). The focal seller also posted standardized

replies to buyer comments that threatened retaliatory feedback, in violation of eBay‘s policies.

For example, ―NEWBIES >> NEGATIVE FEEDBACK INSTANTLY>> if you VIOLATE

eBay's Feedback Policy!‖ (capitalization in original).

Qualitative Forensic Analysis: Overnight Shipping … in Three Weeks

Buyer feedback posts complained that they paid for, but did not receive, accelerated

shipping from the focal seller. Buyer comments on this point include: ―. . . <he makes> quite a

profit on the shipping…‖; ―charges a 200% markup on shipping‖; ―$10.00 for shipping and it

takes 4–6 weeks. I even mentioned <that> we were in a hurry‖; and ―Thirty days, still no

shipment. Payment made but only hostile reply from seller.‖ The seller‘s replies to these postings

blamed the carrier, e.g., USPS or Fed Express, for shipping problems. Among the posts from

buyers to benchmark vendors‘ accounts, we found statements of seller refunds of shipping

charges in response to buyer complaints. In contrast, we found no evidence that the focal seller

refunded shipping overcharges, and, no evidence beyond the focal seller‘s claims, that the

shipping companies were responsible for these shipping delays.

Qualitative Forensic Analysis: Disguising Defects

Feedback posts from buyers allege that the focal seller used ambiguity in listing product

descriptions to deceive, by hiding the substandard nature of the listed products. Many buyers

observed that they were insufficiently ―mindful‖ (Butler and Gray 2006; Swanson and Ramiller

2004) of the auction description and therefore received substandard or inoperable products. For

example, according to one buyer (source: email interview), one auction featured ―used

headphones‖ with a 6-inch cord; the seller‘s description did not mention the abnormally short

cord. In many cases, the seller claimed that a used electronics product was sold ―as-is‖; in

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feedback postings, buyers argued that the focal seller knew before the sale that the product was

unusable or substandard. For example, one post alleges: ―Seller hides behind ‗AS IS‘ in

descriptions. Email me for the full story.‖

Summary: Was the Focal Seller Deceptive?

In summary, the following evidence, across the account history, suggests that the focal

seller was deceptive.

1. The focal seller‘s negative feedback rates exceeded the eBay market average and a

sample of benchmark vendors in the used electronics market.

2. The focal seller received a lower positive feedback rate, and, had fewer repeat buyers,

than did the benchmark vendors.

3. Buyers allege that the focal seller threatened negative feedback, in contradiction to

eBay policy, overcharged for shipping, and, disguised (masked) product defects.

4. Evidence suggests that the benchmark vendors, but not the focal seller, sometimes

refunded disputed shipping charges.

RQ2: “Capable Guardians”: The Co-Evolution of Seller Tactics and eBay Controls

We next consider the co-evolution of the focal seller‘s tactics with the eBay MCS. This

analysis includes:

1. Event-study analysis of the effect of the 2/9/2004 eBay mutual feedback withdrawal

policy change on the focal and benchmark vendor‘s rate of negative feedback. As a

control, we also test three events for which we do not expect changes in the rate of

negative feedback.

2. Analysis of the focal vendor, by account phases, of transaction volume and sales

price.

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3. A test of RAT‘s POLE, which would predict increased use of standardized replies by

the focal seller with increasing levels of transaction volume.

4. Qualitative analysis suggesting that the focal seller self-posted positive feedback

using multiple identities.

Event Analysis: Did the 2/9/2004 eBay Policy Change Increase the Focal Seller’s Negative

Feedback?

Theory. A central assumption, and testable hypothesis, of RAT is that deception tactics

evolve in relation to the ecological controls imposed by a ―capable guardian‖ (Felson and Cohen

1980). We test this assumption with analysis of the event that marks the end of phase 2 and the

beginning of phase 3: the mutual feedback withdrawal policy (event date: 2/9/2004). Negative

feedback from buyers for sellers on eBay is rare. During the period of this case, it included the

possibility of retaliatory negative feedback from the seller to the buyer, which, because of higher

seller transaction volume, was usually more damaging to the buyers‘ than the sellers‘ reputation

(Steiglitz 2007). Accordingly, buyers must be strongly dissatisfied to post negative feedback to a

seller‘s account. eBay introduced the mutual feedback withdrawal policy to provide a means for

dissatisfied buyers to negotiate a settlement with sellers without risking retaliatory seller negative

feedback.

Method. For honest sellers, and sellers who were responsive to buyer concerns, this

policy provided a means for resolving buyer dissatisfaction. However, for dishonest sellers, or

sellers who were unresponsive to buyer concerns or unwilling to negotiate with buyers, this

policy would likely increase negative, and lower positive, feedback. Higher rates of negative

feedback could occur among dishonest or nonresponsive sellers because of increased buyer

expectations, after the new policy, that sellers would successfully resolve buyers‘ complaints.

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We also tested three additional events as control or benchmark events to compare with

the target date:

1. 9/9/2003: New feedback policy that bans users from restricting or limiting feedback

in listings, or, buying, selling, or trading feedback. We did not observe the focal seller

engaging in any of these practices following the March 2000 change in eBay policy.

Hence, we did not expect changes in the focal seller‘s feedback around this event. We

included this date to ensure that changes in focal seller‘s feedback rating are not

associated with all changes in eBay MCS policy.

2. 8/9/2004: Control date – 6 months after focal event date (of 2/9/2004),

3. 2/9/2005: Control date – 12 months after focal event date. We included this, and the

previous, date to ensure that changes in the focal seller‘s feedback were not

systematically associated, semi-annually and annually, with particular dates or times

that were unrelated to the focal event.

We do not expect changes in the focal seller‘s feedback around the control events. For the

event windows, we examined the number of negative feedback postings from buyers to the focal

seller‘s account for 30-day event windows, i.e., 15-day periods before and after the event dates.

We tested the events with four ANOVAs where the independent variables are thirty-day (pre- to

post-) event windows, and, the dependent measures are the number of negative feedback

postings by buyers to the focal seller‘s account.

We also examined changes in feedback for the benchmark vendors around the event

days; for the benchmark vendors, all feedback within the 30-day event windows was positive.

Accordingly, there are no event-window effects for the benchmark vendors. Table 4, columns 1,

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2, and, 3 present the event dates, event description, and expected changed in the focal seller‘s

feedback, respectively.

Insert Table 4 about here

Results. Table 5 Panel A presents the ANOVA results for the event dates. Table 5 Panel

B presents the 30-day event window sample sizes, and, percentage of negative feedback for the

focal seller, in the pre-event and post-event periods. The results are consistent with predictions;

specifically, the 2-9-2004 event date is significant (p < 0.0001); as predicted, the percentage of

negative feedback increases from 11.4 to 66.7%, in the pre- to post-event periods. Also

consistent with predictions, no significant results obtain for the other three event dates (p ≥

0.213); the final column of Table 4 summarizes these results.11

Accordingly, the results suggest

changes in the focal seller‘s behavior that are contemporaneous with changes in the eBay MCS,

but no changes around control event dates, or, changes in benchmark vendor behavior.

Insert Table 5 about here

Quantitative Analysis – Did the Focal Seller’s Tactics Evolve with the eBay MCS and Market?

Theory. We next explore additional evidence of changing focal seller tactics across

account phases. The purpose of this analysis is to provide insight into how the seller‘s tactics

evolved to ―fit‖ or embed within the evolving eBay MCS and market. Within RAT, crime is

assumed to ―normalize‖, or become mundane, by its tacit embedding within social systems

(Cohen and Felson 1979). During the 1997-2005 period, eBay market volume grew rapidly but

the average sales price remained relatively constant (see Table 1). Hence, a tactic designed to

embed mundane crime within the rapidly expanding online auction market would likely consist

11

The event-study results obtain despite the focal event test having lower statistical power than do the

control event hypothesis tests. Statistical power is the long-run probability of correctly rejecting a false null, i.e., no

difference, hypothesis (Lindsay 1993, 1995). Setting α = .05, assuming a medium effect size (d = .5), and using the

achieved sample sizes, the statistical power for the hypothesis test of the focal event = 0.43, while the achieved

statistical power for the control events is 0.8 (for 9/9/2003), 0.77 (for 8/9/2004), and 0.59 (for 2/9/2005).

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of seller movement towards a high transaction volume, coupled with a sales price similar to the

average eBay market price.

Method. To investigate this speculation, we ran two ANOVAs to test for changes in the

focal vendor‘s transaction volume and sales price, across the account phases. These are:

An ANOVA model with phase as a four-level fixed-effects independent variable. The

dependent measure was the focal seller‘s monthly sales volume. We expect the focal

seller‘s transaction volume to increase with the large increases in transaction volume of

the overall eBay market.

The sample of transactions that included sales prices was relatively small. Because of

this, we used an ANOVA model with phase as a two-level (1 and 2, versus, 3 and 4),

fixed-effect independent variable, to test for changes across phases in the focal seller‘s

average sales prices. We expect the focal seller‘s average sales prices to move towards

the average eBay transaction sales price, which is relatively constant across account

phases.12

Results. Table 6 (Panels A and B) reports the results of these analysis. Analysis indicates

increasing transaction volume across all phases of the focal seller‘s account activity (p < 0.001;

See Table 6 Panel A). The average monthly volume of sales transactions for the focal seller

increased from 15.3 in Phase 1, to 41.0 in phase 2, to 60.9 in phase 3, to 84.6 in phase 4.

Insert Table 6 about here

From eBay records and feedback comments, we obtained the sales prices for fifty-five of

the focal seller‘s transactions. Comparison of the focal seller‘s average sales prices across phases

indicates that sales prices are dramatically higher in phases 1 and 2 than phases 3 and 4 (p <

12

The test for post-hoc differences between phases used the Bonferroni correction.

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0.001; See Table 6 Panel B). We also compared the focal seller‘s average sales prices with the

average auction listing value for the eBay market (See Table 1 for average auction listing

values). The average phase 3 and 4 sales price for the focal seller, i.e., $25.38 does not differ

from the average 2005 eBay sales price of $23.60 (t(51) = 0.161, p = 0.873). However, the

average phase 1 and 2 sales price for the focal seller, i.e., $528.21 exceeds the average eBay

sales price (t(10) = 2.711, p = 0.022). Hence, the evidence suggests that the focal seller began

with higher, but evolved to lower, product sales prices. Hence, the evolution of the seller‘s

tactics, i.e., from a low volume, high-sales price strategy in phases 1 and 2, to a high volume,

low-sales price strategy in phases 3 and 4, are consistent with a RAT account of the embedding

of mundane criminal activity in the evolving eBay market. Specifically, the focal seller‘s volume

increased with market volume, and, his sales prices dropped to be no different from the average

eBay produce sales price.

POLE Analysis: Coping with High Volume through Standardized Feedback Replies

Theory. RAT‘s POLE argues that perpetrators choose strategies that minimize effort; they

will execute a crime when minimally acceptable targets assemble, exerting minimal cognitive

and physical effort. We tested whether, with increases in volume, the focal seller minimized

transaction effort; specifically, we analyzed the frequency with which the focal seller used

standardized (i.e., reused) replies in response to buyer feedback.

Method. To test this hypothesis, we ran an ANOVA model with phase as a four-level,

fixed-effects independent variable. The dependent measure was the frequency of standardized

replies by the focal seller in response to buyer feedback postings. The ―POLE‖ prediction is that

the use of standardized replies will increase with the focal seller‘s transaction volume.

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Results. The results are consistent with the POLE. The focal seller increased the use of

standardized replies, across phases, as transaction volume increased (p < 0.0001; see Table 6

Panel A). Specifically, the number of standardized replies to buyer‘s increased from 0 in Phase 1,

to 40.9% and 54.5% in Phases 2 and 3, respectively, to 83.2% in Phase 4. None of the

benchmark vendors used standardized replies. Hence, consistent with RAT‘s POLE prediction,

the focal seller‘s use of standardized replies exceeded that of the benchmark vendors, and

increased with transaction volume.

Qualitative Forensic Analysis: Phase 1 Deception - Inflated Positive Feedback

Evidence, from transactions before March 2000, suggests that the focal seller violated

eBay policy by artificially increasing his feedback ratings. For example, one buyer alleges that

the focal seller, despite eBay market rules, offered to ―purchase‖ feedback ratings (―Offers 2 for

1 positive feedback, rating is questionable, email for details‖; source: feedback post). That is, the

focal seller offered to post multiple positive feedbacks for buyers in exchange for multiple

positive feedback postings to the seller‘s account. We also observe that many of the focal seller‘s

positive feedback ratings, during this period, are from the same set of account holders. It is

conceivable that the same small group of account holders won many auctions from the focal

account and then provided positive feedback. However, the buyer allegations, coupled with the

frequency of repeated postings from a small set of accounts, suggest self-posting, exchanged

falsified feedbacks, or both, for some phase 1 transactions.

Qualitative Forensic Analysis: Phase 1 - Multiple Identities

The eBay (2010a) MCS has consistently banned the creation of multiple accounts for the

purpose of artificially self-posting positive feedback from one account to the other. However,

prior to March 2000, eBay permitted feedback postings that were unrelated to auctions. Three

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buyer postings, all prior to March 2000, allege that the focal seller used multiple account

identities: ―Communications poor (one word emails), waited 6 weeks, changes alias a lot‖;

―Cashed the check 2 months ago, no merchandise, no response. Changes EBay ID‖;

―WARNING: ―eBay_Seller‖ used to be <previous eBay account name> —changes name often!

Self-praising.‖ We did not find buyer claims of self-posted feedback by the focal seller after the

March 2000 eBay rules change banning non-auction feedback postings.

Summary – Did eBay Seller Alter Strategies across Phases

Evidence supports multiple examples of changes in the focal seller‘s tactics that likely

evolved in response to changes in the eBay market and MCS. In phase 1, with the nascent eBay

MCS, we find evidence that the focal seller self-posted positive feedback using multiple

identities. Event-study analysis suggests that the 2/9/2004 mutual feedback withdrawal policy

change may have increased the focal seller‘s, but not the benchmark vendors, negative feedback.

As a control, we test three events for which we do not expect changes in the negative feedback

rate; consistent with expectations, the results for these three non-events indicated no change in

the negative feedback rate of the focal seller. In addition, we find evidence supporting RAT‘s

POLE predictions: as transaction volume increased, the focal seller increasingly posted

standardized, i.e., minimal effort, replies to buyer comments.

RQ3: Suitable Product Targets and RAT’s VIVA Predictions

The Used Online Electronics Sub-Market: a VIVA Analysis

Why did the focal seller choose to sell in the used electronics eBay submarket? In

economic crime, a RAT ―target‖ principally concerns how product characteristics influence the

nature and frequency of crime. This section investigates the focal seller‘s evolving choice of

product targets and the applicability of RAT to these products. Consistent with Yar (2005), the

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product characteristic constructs advanced by RAT as relevant to ―meatspace‖, which are

summarized as VIVA, i.e., value, inertia, visibility, and accessibility, do not map easily or well

to seller deception in the online auction market.

Visibility: According to RAT, the likelihood of crime increases with target visibility,

e.g., jewelry that is displayed (visible) in a store window versus locked in a safe. Visibility and

market scope are important differences between terrestrial products versus those sold in the

online auction market. For example, eBay currently lists about 110 million products daily,

organized into 38 major categories, and, 447 subcategories (eBay 2010c); with a few mouse

clicks, any listed product is easily visible. Hence, product visibility – strictly constructed -- is

largely obsolete in the online auction market. However, we find evidence that three product

characteristics– popularity, reliability, and, complexity – hold relevance to sustaining an online

auction seller deception.

The focal seller appeared to use used electronic products as ―bait‖ to lure buyers. The bait

was nonrandom: it concentrated among the most popular eBay product categories -- electronics –

which is about 10% of the 110 million daily listings on eBay (2010c). When asked why he

robbed banks, Willie Sutton replied, ―Because that‘s where the money is‖ (FBI undated).

Similarly, the sustainable online seller con concentrates in a popular product category since, to

paraphrase Willie Sutton, ―that‘s where the buyers are.‖

Product reliability also appears to be relevant to the seller‘s strategies. Analysis of the

benchmark sellers suggests that the used ―as is‖ electronics market experiences slightly higher

rates of buyer dissatisfaction than the overall eBay market. For example, the average non-

positive, i.e., negative and neutral, feedback rate of the benchmarked sellers was 1.83% (SD

=.134, N=4,860), which exceeds the assumed eBay market average of ~ 1% (t = 4.318, p <

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0.001). Operating in a market with higher than normal problem rates likely enabled the focal

seller to retain the account longer than would have been possible in a less problematic market.

Hiding frequently defective products among highly reliable products is impossible; hence, the

sustainable online con emerges in a product category with a higher than normal expected defect

rate – such as, herein, the used electronics market.

Product complexity also facilitates obscuring defects, which likely was a partial

motivation for the focal seller‘s electronics product line. Walton‘s (2006) choice of the online

market for art likely provided similar opportunities for deceiving buyers about complex products,

but included the risk of an unexpectedly high value, high visibility target, i.e., the faked Richard

Diebenkorn painting, that Walton sold on eBay for $135,805. Accurately assessing the condition

and value of used electronics products and art is considerably more challenging than are

assessments of, for example, a book, coat, DVD, or, CD. Hence, the sustainable online auction

seller con concentrates in complex product categories.

Value. An imbedded assumption of RAT is suspect in the online auction; specifically,

RAT‘s VIVA formulation assumes that individuals or businesses own goods, which they

physically expose to criminals who seek to steal them, by perhaps, shoplifting or breaking and

entering. In contrast, this case concerns an (allegedly) deceptive seller who lured potential buyers

to bid on frequently defective products. Hence, within the online auction market, goods with

higher symbolic or economic value are potentially less attractive to a deceptive seller, since they

create an undesirable salience of the seller to market regulators and vigilante groups (cf. Chua, et

al., 2007). Walton‘s (2006) conviction for the sale of a faked Diebenkorn painting on eBay –

with a sales price of ~ $136,000 -- illustrates the perils of high-value, high-visibility frauds in the

online auction market.

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Hence, in contrast to meatspace, within which RAT assumes that criminals will seek

high-value targets, we find evidence that the focal seller sought an eBay submarket with

comparatively low valued targets, but within which his deceptive practices could be hidden, i.e.,

embedded, within otherwise normal market activity. The MANOVA of the products sold in 265

of the focal seller‘s sales transactions included phase as a four-level predictor variable and the

percentage of laptops, batteries, and components as the set of dependent variables, indicates

across-phase changes in product mix (MANOVA Wilks‘ Lambda = 0.4, F(9, 630.5) = 29.2;

Pillai‘s Trace = 0.6, F(9, 783) = 23.6, Hotelling‘s Trace = 1.2, F(9, 773) = 33.7, all p < 0.0001;

See Table 6 Panel C). Consistent with the analysis of sales prices, the percentage of sales of

higher value laptop computers declines after phase 1, while sales of lower-value items increases

in phases 3 (e.g., battery sales) and 4 (e.g., other components).

Hence, evidence suggests that the application of the RAT construct of value to seller

behavior requires modification: the sustainable online auction seller con that we identify has two

objectives in relation to target value: (1) selling valuable-appearing, target products whose (2)

value remains below an assumed threshold above which market regulators, or vigilantes (e.g.,

Chua, et al., 2007), will act to stop the deception. Hence, the sustainable seller online auction con

deceives with respect to low-value product targets. A corollary of the low-value product strategy

however, is the necessity of high sales volume, which was facilitated by large increases in

volume in the online auction market across the focal seller‘s account history (See Tables 1 and

6).

Inertia: RAT poses that products with low ―inertia‖, i.e., those that are physically easier

to move, are more likely targets of crime -- for example, a diamond ring is a more likely theft

target than is a recreational vehicle. However, economic exchange in the online market is under

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―pay first then ship‖ rules; in addition, an independent, private carrier often delivers goods.

These market conditions would seem to lessen the importance of inertia in online, compared with

meatspace, crime. In the online environment, inertia is overcome simply by convincing a seller

to deliver a product, e.g., in an auction sale of an RV on eBay Motors. We find no evidence, in

the case, that inertia was a consideration in the seller‘s deceptions.

Access: RAT poses that crime increases for targets that are easier to access at, and

transport away from, the crime scene. The online auction removes the necessity of accessing and

removing a physical object. Hence, access is of less importance in the online auction than in

meatspace crime. However, the previous discussion mentions two product attributes, i.e.,

reliability and complexity, that we argue facilitated the focal seller‘s ability to escape detection

and prosecution for his deceptions. Hence, the case evidence would suggest that access was, at

most, a minor consideration in the focal seller‘s deceptions.

Summary – Are RAT’s VIVA Constructs Useful in Explaining Online Auction Deception

What product characteristics are associated with the focal seller‘s deceptions? Evidence

suggests that RAT‘s constructs of product visibility, inertia and access may be less important

predictors of deception in sustainable online auction deception than in meatspace deceptions.

Instead, we suggest that three product characteristics that are related to visibility – i.e.,

popularity, reliability and complexity, hold relevance to online auction deception; relatedly, the

seller sought to deceive with respect to low value, high volume products. Accordingly, we infer

that deceptive online auction sellers seek comparatively low-value, high-volume, popular,

unreliable, complex product categories within which to perpetrate deceptions.

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Endgame and Delisting

The focal seller‘s final listings evidence a strategy shift towards non-delivery of sold

products. Investigation produced detailed transaction data, from buyer interviews or eBay

transaction data, on forty-two of the focal seller‘s final 50 listings. Most items for sale had more

than one listing for the exact same product. Consequently, unless the focal seller had 3 identical

Fujitsu tablet PC cases, 20 identical used Motorola batteries, 8 identical sets of used Sony

rechargeable batteries, and 8 identical Sony sport headphone sets, the seller was ―inventing‖

listings of products that he did not possess and could not deliver. The last page of the focal

seller‘s feedback profile shows 27 negative and 2 neutral postings out of a total of 50 feedback

postings. All 29 of the negative or neutral postings allege that the seller either did not ship the

product or misrepresented it. The seller‘s reply to twenty-two of these negative feedbacks does

not respond to the specific complaint; instead, it claims that technical problems prevented

satisfaction of the transaction: ―We were down; We are 100% up now; Thanks for your bid!‖.

In August, 2005, eBay_Seller‘s account was apparently delisted by eBay and the

statement ―Member since: 1997‖ was replaced with ―No longer a registered user (NARU).‖

Subsequent email interviews with buyers suggests that eBay may have pressured eBay_Seller to

resolve some, though not all, of the outstanding complaints. For example, one buyer received a

refund of the purchase price with a note from eBay_Seller stating: ―I am sorry that difficulties on

our end negatively affected this transaction. I sincerely apologize for any inconvenience this has

caused.‖ In November 2005, the eBay_Seller account was reinstated. Perhaps because of the

substantial (negative) feedback profile on the account, the focal seller has never traded on the

reinstated account.

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The Sustainable Online Auction Con: Why Didn’t eBay Delist the Account Sooner?

Explaining a ―counterfactual‖, i.e., why an event didn‘t happen, is problematic –

particularly given the absence of interviews with eBay personnel; accordingly, we speculate as to

why the eBay MCS allowed the focal seller to trade with the same account for eight years despite

the seller‘s unusually high negative feedback rate. Buyer feedback makes clear that eBay was

aware of many of the problems with the focal seller. Many feedback postings indicate that buyers

obtained refunds through PayPal (an eBay subsidiary) and contacted eBay regarding alleged

transaction deceptions. For example, one buyer‘s negative feedback posting states: ―EBAY

UPHELD THIS THEFT BASED ON SELLER'S FEEDBACK STATUS AND OTHER

FACTORS, HMMMM‖ (capitalization in original).

EBay‘s business model (Cohen 2002) likely contributed to its failure to delist the focal

seller sooner (cf. Baker 2002). During the period of this case, fees charged to sellers for listing

products were an important eBay revenue source. In this business model, large volume sellers,

such as the focal seller in his later account phases, disproportionately contributed to eBay‘s

revenue. A published interview with an anonymous eBay security officer suggests that eBay‘s

business model weighs seller interests more than buyers when confronted with high volume,

long-term sellers (Brunker 2002). In contrast, the Walton (2006) case shows that eBay delisted a

high-volume seller‘s account only after a high-publicity fraud (cf. Gu 2007; Jewkes 2007;

Joinson 2007). In addition, eBay may have overlooked many deceptions, except for the most

egregious, through an intentional strategy of avoiding legal responsibility for transaction

deceptions by failing to act upon them (Walton 2006).

We speculate that, until endgame, the focal seller‘s restriction of deceptions to small

dollar amounts per transaction, and to less than ~ 10% of the seller‘s auctions, were sufficient to

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prevent the eBay MCS from delisting the focal seller. The focal seller opportunistically deceived

buyers, but not sufficiently frequently, or in large-enough sales transaction amounts, to result in

account delisting. Until endgame, the focal seller was a mundane, ―small-time crook.‖ Prior to

the final endgame transactions, the seller primarily deceived buyers by delivering defective low-

cost goods, and by shipping overcharges.

SUMMARY, LIMITATIONS, AND, CONCLUSIONS

Case Summary

This case synthesizes forensic, benchmarking and event-study methods to investigate the

eight-year history of an eBay account characterized by evolving deceptions that link to changes

in the eBay system of feedback and control. The focal seller had unusually high negative

feedback rates and an unusually low numbers of repeat buyers throughout the account history.

Buyers allege that he threatened them with negative feedback, overcharged for shipping, and,

repeatedly disguised (masked) product defects.

Evidence suggests that the focal seller‘s deceptions evolved in relation to the eBay MCS.

In phase 1, we find evidence that the focal seller self-posted positive feedback using multiple

identities. Event-study analysis suggests that the focal seller‘s negative feedback increased

concurrent with eBay‘s implementation of the 2/9/2004 mutual feedback withdrawal policy. In

addition, the focal seller increasingly posted standardized ―canned‖ replies to buyer comments as

transaction volume increased.

Prior to endgame, the focal seller sought to deceive with respect to low-value, high

volume, popular, unreliable, complex product categories within which to perpetrate deceptions.

At endgame, the seller shifted to failing to deliver listed products. It seems likely that eBay failed

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to delist the focal seller sooner due to his (successful) strategy of small-scale deception in the

high volume, high defect product category of used electronics goods.

Implications for Theory

Considerable high-quality research has investigated models of deception and, more

recently, applied this theory to online commerce. However, the modeling of online deception and

online auction case research has, with few exceptions (e.g., Walton 2006, Chua et. al., 2007),

largely focused on static models. Our analysis suggests that sustained, multi-year online

deception differs in diversity and complexity from the single-event deception observed in much

previous research. For example, we find evidence of multiple and shifting deception strategies,

which appear to evolve in relation to the eBay MCS.

Several of RAT‘s assumptions – i.e., the existence of motivated offenders, and, that crime

occurs in dynamic and evolving relations between potential offenders and capable guardians –

are well-suited to the investigation of seller deception in the online auction market. However,

consistent with Yar (2005), RAT‘s assumptions regarding products map poorly to the online

auction environment; the scope and reach of the online market, the inaccessibility of goods to

buyers except after payment is received, and, the shipment and delivery of goods by independent

third parties make RAT‘s product characteristic assumptions less relevant and useful in the

online auction market.

RAT‘s assumption that crime happens – that it is a ―natural‖ process that embeds and

normalizes in economic activity – is of great value and relevance in understanding the nearly

laissez-faire online auction market. Through sustaining our investigation across a multi-year

period – including the formation and explosion of the online auction market – we find evidence

of an evolution of tactics that mirror, and mask within, the evolving online auction market.

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Our analysis suggests that RAT provides a useful, and perhaps complimentary,

framework to the much more commonly applied fraud triangle, for understanding accounting

crime and deception. RAT supplements the fraud triangle with a focus on the social and market

ecologies within which crime occurs. Alternatively, the fraud triangle compliments RAT by

loosening the assumption of the motivated offender and providing a framework to assess

potential perpetrator motivation.

Implications for Practice

Alibaba.com, the largest online business market facilitator in China, also operates an

eBay-like division, Taobao ("Alibaba to Invest in Taobao.com," 2008), for Chinese consumer

sales and auctions (Schepp & Schepp, 2010; Siegfried, 2009). The recent Alibaba.com fraud

(Chao & Lee, 2011), which led to the resignation of the CEO and COO, suggests that largely

unregulated online markets may be particularly susceptible to the embedding of fraud. In the

alibaba.com fraud, sellers, aided by alibaba.com employees, faked credentials that certified them

as ―Gold‖, i.e., highly reliable suppliers. Similar to the case presented herein, individual fraud

claim amounts in the alibaba.com case were relatively low compared to average sales at the site.

As a result of the fraud, alibaba.com delisted 1,200 sellers and fired about 100 employees. The

alibaba.com fraud suggests that online market deception is not restricted to the online consumer

market or eBay.

RAT assumes that the belief that all crime can or should be eliminated from a market is

an unhelpful myth. By following this assumption, we document the birth and evolution of one

seller‘s creation of a ―sustainable‖, online auction con. The focal seller‘s account tenure ended

only when his strategies switched from a sustainable, to a salient – to the eBay MCS –,

deception; his account was closed after he repeatedly failed to deliver sold products to buyers.

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RAT principles suggest that MCS designers‘, regulators‘ and market stakeholders‘ choice is not

whether to eliminate online crime – it is instead which, and where, crimes will be allowed to

embed and sustain in a market and MCS. That allowing deception to embed is the theory-in-

practice, though not the espoused theory, of eBay is suggested by the current case; eBay

implicitly accepted the focal seller‘s sustained deception – through their failure to close his

account – until his deceptions apparently exceeded the threshold of ―acceptable,‖ mundane

deception. The extraordinary growth of the online auction market, and of eBay, during this

period, suggests that the embedding of these mundane deceptions did not impede market success.

While online market makers will accept and embed some deceptions, they are also

charged with designing and implementing feedback and control strategies that define acceptable

from prohibited deceptions. For example, we find several examples of shifts in the focal seller‘s

tactics, which appear to be reactions to changes in the eBay MCS. Hence, while some crime is

accepted and inevitable, market facilitators must mindfully choose where and how crime will

embed. Hence, the effective MCS in the online, laissez-faire market must balance controls

against permitted yet mundane crime.

That the espoused eBay MCS was at variance with the stated eBay MCS boundary rules,

is consistent with other research investigating control systems in large organizations. For

example, Alvesson and Kärreman (2004) investigated management controls at a large

management consulting firm. Investigation revealed widespread under-reporting of time worked

on engagements (called ―ghosting‖), meaning that the actual hours worked on an engagement

were never known or formally recorded in the system. Hence, while the control system of the

consulting firm purported to accurately record engagement hours worked, all who worked for the

firm recognized these hours as under-reported.

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We find an analogous ―fiction‖ in the eBay MCS; specifically, the belief and boundary

systems of the eBay MCS espoused community honesty and a commitment to discipline

deceptive traders. But the MCS, in practice, allowed deceptive traders to embed, with discipline

invoked only in cases of extreme deception. eBay‘s balancing of control and mundane crime

included resisting calls to impose stronger controls over documented trading abuses (Albert

2002; Nikitkov and Bay 2008). Within RAT, this can be construed a rational response to the

assumption that crime will occur, and that the goal of controls must be to reduce, as opposed to

eliminate deception. The alternative approach, that the eBay MCS, without significant assistance

from law enforcement, must eliminate all deceptive transaction is at odds with RAT, and, almost

certainly unrealistic in the present online auction market.

Limitations and Conclusions

The strength of forensic methods is their ability to paint a rich, veracious, ideographic

portrait of the particular; their weakness is their (in)ability to generate nomothetic theory. Our

objective has been ―positioning data to contribute to theory,‖ (Ahrens and Chapman 2006) where

the data are from a single seller, in a single (eBay) market, during a fixed time period (1997–

2005). Our sample, of a single deceptive seller, confounds changes in the eBay market (see

appendix) with changes in the focal seller‘s deception tactics.

The investigation triangulates forensic, with event-study and benchmarking, methods.

However, these methods are executed within a sample of a specific set of vendors, in a specific

market, in a specific time period. The use of triangulation improves the strength and generality of

our inferences; but our inferences will be strengthened by future work testing their

generalizability and transferability to additional online and meatspace contexts, markets and

MCSs.

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The profile feedback score of the average eBay seller exceeds 99%. The focal seller of

this case sustained a set of deceptions across an eight-year account history despite eBay‘s

promises that dishonest people ―can‘t hide‖ and will be driven away from the eBay market. The

focal seller in this case displayed impressive skills and protean tenacity; observed shifts in the

focal seller‘s deceptions are consistent with reactions to changes in the eBay MCS and the

expanding online auction market.

Many argue that the presence of predatory crime in the online auction market is

indicative of a breakdown of controls, and, a failure of market facilitators and regulators. These

results, and RAT, would suggest that, to the contrary, the existence of mundane, online-auction,

predatory crime is consistent with market success. The online auction markets make it possible

for Americans to collect rare, antique Russian nesting dolls, for Africans to buy newly released,

Italian designer clothing, and, for Brazilians to savor top-grade Iranian caviar. But the critical

lesson of RAT, and of this analysis, is that mundane, predatory crime will arise and embed in a

rapidly growing, unregulated, successful market (cf. Felson and Cohen 1980). Online auction

market controls co-evolved with creative deceptions; but ultimately, mundane deceptions

embedded in the eBay market because that is where they could best be hidden in plain ―site‖ –

carefully and cleverly embedded amongst almost 110 million, and growing, daily auction listings

(eBay 2010c).

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Figure 1

Comparison of Routine Activity Theory to the Fraud Triangle

Lack of Capable Guardian

Suitable Target

Perceived Opportunity

Perceived Non-Shareable Financial Need

Ex-Ante Rationalization

Motivated Offender

Fraud Triangle

(Offender’s Perception)

RoutineActivity Theory(Environment)

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Table 1 - eBay Activity Volume and Listing Value -

Selected Years from 1997 to 2005

Year 1997 2000 2002 2005 1997 - 2005

% Change

Registered Users 0.34 22.5 61.7 180.6 52,862%

Listings 4.39 264.7 638.3 1,876.8 42,613%

Sales $95.3 $5,422 $14,868 $44,299 46,398%

Auction Listing

Value (Average) $21.68 $20.48 $23.29 $23.60 8.9%

Registered users, listings and sales in millions

Source: eBay SEC 10K filings and annual reports

Table 2 – Summary of Research Questions, Data and Analyses Panel A – RQ1: Motivated Offender – Was the Focal Seller Deceptive?

Quantitative (#) or

Qualitative (L)

Benchmarking (B) or

Forensic (F)

Summary /

Method

Variable / Data Source

# B = eBay Market Binomial

Probability

Negative Feedback

Rates

# B = Benchmark

Vendors

MANOVA /

Logistic Regression

Feedback Rates, Repeat

Buyers

L F Identify Threat

Claims

Buyer Feedback Posts

L F, B =Benchmark

Vendors

Identify Shipping

Overcharge Claims

Buyer Feedback Posts

L F Identify Claims of

Disguised Defects

Buyer Feedback Posts,

Email interviews with

buyers

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Panel B – RQ2: Capable Guardian – Did Market and MCS Changes Influence the Focal

Seller?

Quantitative (#) or

Qualitative (L)

Benchmarking (B)

or Forensic (F)

Summary /

Method

Variable / Data Source

# B = Pre-Post

Comparison of

Events

ANOVA Positive & Negative

Feedback Rates

# B = Phases ANOVA: Vendor

Sales Volume

Monthly Sales Volume

L F Identify Inflated

Feedback Claims

Buyer Feedback Posts +

Pattern of Feedback Posts

Among Related Accounts

L F Identify Claims of

Multiple Identities

Buyer Feedback Posts

Panel C – RQ3: Product Targets – About Which Products Did the Focal Seller Deceive?

How Did the Focal Vendor’s Products Evolve within the eBay Market and MCS?

Quantitative (#) or

Qualitative (L) ,

Research Question

Benchmarking (B)

or Forensic (F)

Summary / Method Variable / Data

Source

#, L F, B = Used

Electronics vs.

Overall Market

Binomial Probability Negative Feedback

Rates

# B = Phases ANOVA Sales price

# B = Phases MANOVA / ANOVA Product Mix

# B = Phases ANOVA Standardized Replies

#, L F Description Final Auction Listings

L F, B = Walton case Identify Feedback

Posts, eBay Inaction

Against Focal Seller

Buyer Feedback Posts,

eBay Business Model,

Walton case

L F Account closure Account Activity,

Email interviews with

buyers

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Table 3 – Logistic Regression Results Comparing

Focal and Benchmark Vendors

Dependent

Seller Mean

Std

Dev.

Exp

(B)

Wald’s

p

Cox

& Nagelkerke

Variable χ2(1)

Snell

R2 R

2

Repeat

Buyers

Benchmark 22.46% 0.417

1.572 60.372 < 0.0001 0.008 0.012 Focal 15.56% 0.363

Positive Benchmark 98.60% 0.117

6.653 165.825 < 0.0001 0.03 0.091 Feedback Focal 91.38% 0.281

Negative Benchmark 0.74% 0.086

0.128 107.041 < 0.0001 0.021 0.086 Feedback Focal 5.50% 0.228

MANOVA results: Wilks‘ Lambda = 91.7, Pillai‘s Trace = 0.034, Hotelling‘s Trace = 0.035, For

Wilks‘, Pillai‘s and Hotelling‘s analyses: F(3, 7878), p < 0.0001

Transaction Sample Sizes (post 3/1/2000 data): Benchmark = 3,936; Focal = 3,946

Table 4 - Event Dates, Predictions and Results Date Event Prediction: Focal

Seller’s Negative

Feedback

Result

9/9/2003 New Feedback Solicitation Policy, bans users from

listing any terms and conditions that restrict or limit

the ability of a member to leave feedback, also bans

selling, trading or buying of feedback (Steiner 2003c)

No change True

2/9/2004 Introduce mutual feedback withdrawal policy

(Steiner 2004)

Increased post-

event

True

8/9/2004 Control Date (6 months after last test date) No change True

2/9/2005 Control Date (6 months after last control date) No change True

Table 5 Panel A –ANOVA Results for 30-Day Event Window - Negative Feedback

Date F (df) P

9/9/2003 1.568 (1, 99) 0.213

2/9/2004 19.760 (1, 45) < 0.0001

8/9/2004 0.073 (1, 94) 0.788

2/9/2005 1.486 (1, 57) 0.228

(See footnote 13 for statistical power calculations related to these tests of hypotheses)

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Panel B –Focal Seller Negative Feedback Means, SDs, and, Sample Sizes for Event Dates

Event Date Pre-Event Post-Event

9/9/2003 n 44 57

Mean 0.000 0.035

SD 0.000 0.186

2/9/2004 n 35 12

Mean 0.114 0.667

SD 0.323 0.492

8/9/2004 n 57 39

Mean 0.018 0.026

SD 0.132 0.160

2/9/2005 n 24 35

Mean 0.083 0.200

SD 0.282 0.406

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Table 6 – General Linear Model (GLM) Results

Panel A –Volume and Standardized Replies by Account Phase

9/97-

12/31/99 (1)

1/1/00

-7/11/01 (2)

7/12/01-

2/09/04 (3)

2/10/04-End

(4)

Univariate Results

(F, p)

Feedback Postings (Avg

per month) (n = 4,409)

15.34a

(5.925)

(n = 462)

40.95b

(3.722)

(n = 790)

60.90c

(8.060)

(n = 2496)

84.60d

(4.024)

(n = 661)

11,333.73 < 0.001

% Standardized Replies

(n = 268)

0.0% a

(0.000)

(n = 0)

40.9% b

(0.503)

(n =22)

54.5% b

(0.504)

(n =44)

83.2% c

(0.374)

(n =185)

30.33 < 0.001

Analyzed by quarter, Standard deviations in parentheses

Panel B – Sales Price by Account Phase (n = 63)

Phases 1 & 2

(9/97-7/11/01) (n = 11) Phases 3 & 4

(7/12/01-End) (n = 52) Univariate Results

(F, p)

528.21a 25.38

b 33.77 < 0.001

Panel C – Product Mix by Account Phase (n = 265)

9/97-

12/31/99

(1) (n = 40)

1/1/00

-7/11/01

(2) (n = 30)

7/12/01-2/09/04

(3) (n = 158)

2/10/04-End

(4) (n = 37)

Univariate Results

(F, p)

Laptop Computers 70.0%

a

(0.464)

3.3%b

(0.183)

4.4%b

(0.206)

2.7%b

(0.164) 75.63 < 0.001

Computer Components 25.0%

a

(0.439)

53.3%b

(0.507)

17.7% a

(0.383)

5.4% a

(0.229) 9.31 < 0.001

Cell Phone & Laptop

Computer Batteries

0.0%a

(0.000)

30.0% b

(0.466)

58.2% c

(0.495)

45.9% c

(0.505) 18.62 < 0.001

Other Electronic Components 5.0%

a

(0.221)

13.31%a

(0.346)

19.6% a

(0.398)

45.9% b

(0.505) 7.76 < 0.001

MANOVA results for product mix: Wilks‘ Lambda = 0.4, F(9, 630.5) = 29.2; Pillai‘s Trace = 0.6, F(9, 783) = 23.6, Hotelling‘s Trace

= 1.2, F(9, 773) = 33.7, all p < 0.0001.

Post-hoc significant differences by row are indicated by superscript letter (a, b, c, d: Bonferroni correction; p .05).

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Appendix: Chronology of the eBay MCS

and the Focal Seller (1995 – early 2008)

The major changes to the eBay MCS by year and approximate month appear below.

Dates for the eBay system changes noted below are approximate; roll-out dates differed by

region, e.g., Asia vs. US. Dates given below are best estimates for US completed revisions based

on web-searches (google news) related to eBay history and archival sources, most importantly,

Cohen (2002).

1995-1996

9/1995 – AuctionWeb (eBay precursor) opens for trading

2/1996 - eBay launches the Feedback Forum (EBay 2008)

11/1996 – eBay begins testing feedback ―star‖ system

9/1997 (Begin phase 1): Focal Seller begins trading on eBay

3/1/2000 (End phase 1): All feedback must be related to an auction transaction (Marino 2000)

7/11/2001 (End phase 2)

Distinguish transaction roles, i.e., separate buyer versus seller feedback (Steiner 2001)

View feedback left by the user from the Feedback profile (Steiner 2001)

―members may leave follow-up comments without waiting for response to original

feedback comment‖ (Steiner 2001)

9/9/2003: Members are now banned from: (1) including, in a listing, terms and conditions that

restrict or limit the ability of a member to leave feedback about the listing, or, (2) selling, trading

or buying feedback (Steiner 2003c).

2/9/2004 (End phase 3): Mutual feedback withdrawal policy implemented (Steiner 2004). eBay

will remove negative comments between buyers and sellers who resolve a transaction

disagreement.

8/2/2005 (Case ends): eBay delists focal seller.

9/2005 to 2/2008: eBay MCS Changes Subsequent to Case

10/2005 - Replaces Feedback solicitation policy with feedback manipulation policy: more

comprehensive policy allows eBay to take measures against questionable patterns, such

as "selling a items for 10 cents with free shipping, then moving to plasma TVs"(Steiner

2005)

11/2005 - Members with 10 or fewer feedback ratings must complete a tutorial before

leaving first negative or neutral feedback (Steiner 2005).

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12/2005 - Feedback from nonpaying buyers no longer affects feedback ratings (Steiner

2005)

10/2006 - Sellers can no longer use the private feedback setting (Steiner 2006)

5/2007 – ―In 2007, eBay began using detailed seller ratings with four different categories.

When leaving feedback, buyers are asked to rate the seller in each of these categories

with a score of one to five stars, with five being the highest rating and one the lowest.

Unlike the overall feedback rating, these ratings are anonymous; neither sellers nor other

users learn how individual buyers rated the seller. The listings of sellers with a rating of

4.3 or below in any of the four rating categories appear lower in search results. Power

Sellers are required to have scores in each category above 4.5‖ (Wikipedia 2010).

2/2008 – Sellers can no longer leave negative feedback for buyers (Anonymous 2008;

World Law Direct 2008). Positive, repeat-customer feedback will count towards ratings -

feedback that is more than 12 months old will not. Negative and neutral feedback left by

a buyer will be removed for transactions in which a buyer does not pay for the item, or, if

the buyer is suspended.