I know some kinds of stolen goods, once they are entered into "the stream of commerce" (or some such buzz term) and are bought by an innocent third party, become that party's property. I think commodities, like bulk corn, oil, etc. are like that. But what about stolen property that is pawned or sold to a pawn shop, and then is sold to an innocent 3rd party? Can we demand the return of the stolen property from the pawn shop's customer? Suppose a pawn shop employee innocently buys the stolen property from the pawn shop, and then sells the item on E-bay to yet another innocent buyer?

If the stolen object is beyond our reach, can we insist the pawn show make the true owner right, and then have the pawnshop wait for restitution from the crooks? What does your office do in these situations?

With the exception of pawnbrokers, we limit our efforts to gaining restitution from the "real" crook, that is, whoever exercised control with sufficient knowledge as to the identity of the true owner (or had good reason to question the ownership of his seller). But the law certainly seems to support a greater claim, since one who buys property from a person who neither owns it nor is authorized by the owner to sell it receives no title even though he is a purchaser in good faith. Seigal v. Warrick, 214 S.W.2d 883; Morris v. Shuttles Bros & Lewis. 139 S.W. 1053. See also 30 Tex.L.Rev. 788 and other sources annotated under sec. 2.403 UCC. If its worth enough to the victim, he will find a way to seek recovery of the property outside the criminal proceeding.

I would think recovery of property moved down the streat would also depend on the uniqueness of the property. If something can be replaced, it doesn't seem reasonable to take it away from an innocent owner (other than a pawn shop owner).