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So in conclusion, I don't know if it is possible but if so it would be extremely hard to get someone for it.
It is really hard to say in all honesty.
When you open the trade window, and leave the other guy's item area empty, you are asked
"IS THIS A GIFT? YOU WON'T GET ANYTHING IN RETURN."
And you pressed "YES, THIS IS A GIFT."
Prove that I am really human and not a plush meerkat cosplaying as Marvin the Martian
computers do make it hard to prove who is really committing the crime.
I'm not a lawyer of any kind, but I can imagine that they could be charged with things like fraud.
Realistically, law enforcement doesn't care.
Depending on the country, this doesn't even matter. Germany has "Stoererhaftung", which makes you respsonsible for anything happening on the connection you provide. Same principle like some countries punishing the actual driver while some punish the vehicle holder.
@OP:
Yes, you can. Depending on how much law enforcement is willing to go after you. There was a guy in Britain who was convicted for SWATing an American user, using the American police force. That's what legal aid agreements are for.
You could say that about many actionable fraud situations that relay on misleading the victim.
I'm pretty sure that scamming people on Steam is, at least in theory, actionable as there are items involved that have a monetary value. But as with many legal things, it would take some effort and dedication, possibly money (depending on country and legal system), to really get somewhere. Likely, it also depends on how many reports there are.
Proof is not difficult to obtain if Steam keeps logs, which they probably do, if there is a legal basis for obtaining that proof (by law enforcement).
Not for the items. The items have no tangibility or permanance and their value is based 100% on speculative bubbles.
To answer your question OP. Yes. But very unlikely due to the fact that the perpetrator and victim may well be in different jurisdictions.. Of course steam can very well suspend your account for scamming and thusly the scammer loses access to all items.