This is part of the email I just got from ebay:
"Hello,
Thank you for taking the time to report the iPhone that may be in breach
of eBay policy. We'll investigate your report thoroughly.
Before we take action, we'll consider the circumstances of the alleged
offence and the member's feedback profile, as well as any previous
warnings or offences. To be fair to all members, we won't take action
unless the complaint can be proven with certainty.
As it's important that eBay maintains member privacy, we won't be able
to share details of the action we take on the other member's account
with you. This eBay principle protects the privacy of all our members."
Let's hope they take this guy down!