"of course! but i still have 3k sitting out there because Attillo think he is a detective"
No, you have 3k sitting out there because you paid 3k to someone who had already accepted a deal to sell the domain name to another party and had, in fact, already transferred the domain name to another party. You don't seem the least bit concerned about whether or not the person who engaged in this double-dealing and has YOUR MONEY is going to return it to you or keep it. That strongly supports the notion that you are somehow in cahoots with or identical to domainp.
Atillio, it would be convenient if there was something called "the law" which always gave the correct answers. There isn't. As a practical matter, do you think someone in Russia or Brooklyn is going to sue someone in Mexico over $3,000? As a legal matter, since the transaction by which you obtained the domain name ocurred between domainp in Russia and you in Mexico, there is no jurisdictional connection to New York anyway.
As another practical matter, if you were convinced, on the basis of hard evidence you've seen with your own eyeballs, that the domain name was originally stolen, then do you think a thief is going to waltz into court and sue you for not paying him?
You can offer to pay a lawyer all the money in the world, but that is not going to provide the lawyer with the actual facts and documents concerning the history of this domain name and the transactions that led to it being in your hands.
Then, as someone pointed out earlier, what law would you like to apply? There is not some globally consistent body of rules that constitute "the law" - to which a single answer emerges after all the facts have been put to it. If you think you have come into possession of stolen property, then you might turn that property over to the police. If you lived in Delaware, that would be the correct thing to do with a piece of stolen property. If you want the answer for stolen property in Mexico, ask a Mexican lawyer - of course, whether a Mexican court would consider a domain name to be personal property is surely a question which the courts of Mexico have not yet resolved.
But without going into a huge digression on all of the potential issues here, suffice it to say that if there were always one and only one clear legal answer to every question, there would not be a need for courts at all. Look at every lawsuit you've seen. There is a lawyer on the side that wins, and there is a lawyer on the side that loses. Does that mean that lawyers are only "right" 50% of the time?
Given all of the crazy complexities that can grow out of this, a lawyer looks for simplifying principles. And the simplest of all principles is "minimize your exposure". So you look for things you have affirmatively done which might give rise to a claim. Now, did you steal the domain name from the original seller? No. By agreeing to buy the domain name, did you further harm the original seller? No. By not paying for the domain name, did you fail to do something you promised to do? Yes. If you return the domain name to domainp is the original seller any worse off? No.
The problem with that line of reasoning is that there is the issue of whether, if the domain name was stolen, that domainp could enforce your contract to buy the domain name? A court would likely try to find a way to answer "no" to that question. Of course, you would only be in a court attempting to answer that question if domainp sued you for breach of the sales contract.
Let me try attacking this another way. If you ask a tax lawyer, "If I find a penny on the sidewalk, then is that reportable income for federal income tax purposes?" then the answer is "of course". if you ask that lawyer if he personally has ever found a penny on the sidewalk, and has duly accounted for it and reported it on his taxes, he would laugh at you.
You are looking for someone to tell you what you *should* do. For that, you need a priest, a horoscope, a psychologist, or an oracle. The simplest legal analysis, based on only those facts which can truly be known by you with certainty, remains that you have a domain name which you acquired by promising to pay $3K.
