Can't ou just contact him and return it? Yeah .. 40 for an OC2 is too good to be true.
IMO for 40, it's not gonna be worth your time and effort to file a police report. The only thing you can do is be more cautious and make others more aware of this person like what you're doing in another thread.
This.
I'll definitely be more watchful for that "Grenade" guy, I guess he might have already know that it's already spoilt. I would check it out with either TYMC or Sound Alchemy if they can fix it. At least take it into the bright side, it was only $40...