Easy man, its really your resposibility to check up on the sellers and use precaution (ask for pics, use PayPal) to protect yourself.

Theres really not much HAN can do for you. I'm sorry about your loss. I doubt he went out of his way just to scam you out of a meager $40. Most likely he got lazy or figured you'd give up eventually.

Just go through your usual methods, call, file a complaint with PayPal, call his local authorities, save your receipts and communications (email, PMs, etc...).

Good luck man.