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-   -   some more red meat for all the N54 moralists (http://www.net54baseball.com/showthread.php?t=249960)

Aquarian Sports Cards 01-13-2018 09:06 PM

Quote:

Originally Posted by Exhibitman (Post 1738261)
No, there isn't in the commercial context. I am sure I will get some flack for this but anyway:

I disagree philosophically with your premise. We have a large, diverse populace and extensive laws to govern commercial transactions. They represent a hard-fought social consensus among very different people over what is acceptable commercial behavior. Without a settled framework of laws that controls these commercial situations we are left with no basic agreement on right and wrong and cannot transact. Anything beyond the law is a value judgment that does not reflect a social consensus.

It also raises my hackles to read labels like moral or ethical applied to commercial situations. Labels matter. By claiming that your position is "moral" or "ethical" you necessarily make any contrary view to yours immoral or unethical. If you label my position as immoral or unethical at the outset, no further rational discussion between us is possible and there can be no compromise or negotiations because your world view cannot tolerate a different position--the outcome would be unethical or immoral by definition.

Taking the current situation, I am of the belief that M had every right to consult an attorney and find out what his rights were. I believe he would have found that a thief cannot convey good title and that he was legally obligated to return the cards. Had it been the case that he obtained good title to the cards by reason of being a good faith bona fide purchaser, or a resident of a weird jurisdiction like Texas, I believe he could have retained the cards. If he elected to return them to A despite the law, that is his choice. I am not willing to make that decision for him and label him immoral or unethical if he decides not to do something he is not legally required to do. Now, given that A and M know each other and are in a network of friends and contacts in the hobby and there are a variety of extra-legal social pressures involved, M made a decision to return the cards immediately regardless of anything else because he knew A was telling the truth and that he would have paid a terrible social price for not doing so. I completely understand that position and appreciate it from that standpoint and applaud M for his decision to act immediately and decisively--it makes him a good friend--but I would have been open to listening to him had he reached a different decision based on controlling laws. I would not label him moral or immoral, ethical or unethical for doing what was legally required of him. He was entirely innocent in this mess and has suffered a significant financial loss. He has he right to question whether he should bear all of that loss; I would not hold that against him and label him unethical or immoral if he hesitated to hand over the cards.

I also take great issue with the view expressed by some (not you; I just don't want to write a separate post) that A has to file criminal charges against his brother to prove he is legit. Those of you who take that stance may not appreciate the terrible dynamics that a junkie can impose on a family. I am not just speaking abstractly. My sister was a junkie; she had the good grace to OD years ago. She stole some of my cards once and sold them to card stores around my town. I wanted to get my cards back and wanted to press charges but my mother begged me not to, so I did not report her to the police. Does that mean I am not entitled to retrieve my cards from the dealers she sold them to? FWIW, I decided in that situation to pay a dealer what he paid for my cards to get some of them back. I did not have to do so--a thief cannot convey good title in CA--but I chose to do so to resolve the matter without further pain to my parents. I also chose to label the dealer a crooked pig for recognizing that he was unlawfully selling stolen goods and jacking me up for cash to get them back, and I badmouthed him and his establishment until the day he died.

Then why do many professions and professional organizations have codes of ethics? Check the definitions I feel ethics and morality, while related, are not synonymous.

BeanTown 01-13-2018 09:18 PM

Chris, Not sure who called you a scumbag, but it wasn't me as Jeff eluded too. I just heard the "sleezy" conversation with you discussing this with another guy. I also thanked you for coming on and posting.

Did, the two other people in the pipeline get named who had some or all of the stolen collection, before Chris got involved? Where is Zach's Brother at now, as this happened a couple years ago. Maybe he is on the road to recovery.

timn1 01-13-2018 10:20 PM

Thank you Chris
 
For making a fair offer to share the burden with Mike, which is what I have been hoping for .

I want to make it clear to you and to everyone that I never sought to portray you as dishonest or a scumbag, etc. There is too much of that kind of junk talk around already. I just didn’t want to see mike get stuck with the whole burden.

Now, where is Zach in all this?

Quote:

Originally Posted by the-illini (Post 1738509)
+1

While I didn't agree with how Chris handled this originally I respect him for coming on here and taking the heat while trying to make things better.

Chris Bland


calvindog 01-14-2018 06:02 AM

Quote:

Originally Posted by BeanTown (Post 1738531)
Chris, Not sure who called you a scumbag, but it wasn't me as Jeff eluded too. I just heard the "sleezy" conversation with you discussing this with another guy.

Correct, my apologies. "Sleezy" (sic) but no scumbag. And I didn't say he was a scumbag, just that for $3700 of money made off stolen goods, this would cause people to think that. Based on the number of posters who claimed they wouldn't do business with Chris again and Tim's question if we even wanted someone like this in our hobby, my admonition seems accurate.

Michael Peich 01-14-2018 07:07 AM

I agree with Chris Bland and others that Chris Buckler has willingly come to the forum to present his sense of the matter, and he is to be commended for that. I wrote him this morning and accepted his offer of $1850.

Regards,
Mike

Peter_Spaeth 01-14-2018 07:47 AM

Call the next case. :)

Exhibitman 01-15-2018 08:36 PM

Quote:

Originally Posted by Aquarian Sports Cards (Post 1738528)
Then why do many professions and professional organizations have codes of ethics? Check the definitions I feel ethics and morality, while related, are not synonymous.

They don't, at least not in the sense you are loosely using the terms. A voluntary organization can ask its members to adhere to certain standards but there is no requirement that a person join the organization or adhere to the standards it sets. If a professional organization has an enforceable set of rules required to maintain a license, it is because the state has delegated lawmaking in the form of regulatory capacity to that organization. They can label it a code of ethics (they don't use "morals") but it is really a regulation with the compulsory power of the state behind it. For example, the California State Bar. It has a set of rules of professional conduct and if you breach them you can be investigated, prosecuted in the State Bar Court, and possibly lose your license. That isn't ethics, it is regulation.

Peter_Spaeth 01-15-2018 08:54 PM

I don't know, Adam. Example. As we know, under the statute of frauds, I can't enforce a contract for the sale of goods over $500 (never mind the exceptions, irrelevant to the point) without a writing signed by the other party. So under the law, the other party can breach with impunity if he knows there is no such writing. But wouldn't you say it's still unethical to breach the contract, or at least that there's a substantial consensus that would say it is? Perhaps you would not.

glynparson 01-16-2018 06:23 AM

My brother
 
My brother many years ago went through a period of heavy drug abuse and did something similar. I did not go after anyone but him, I never had to get the police involved my dad and grandfather forced him to make it good. I made him pay me back replacement value,which he did after a period of time. He had an inheritance coming so it made things a little easier.

Aquarian Sports Cards 01-16-2018 07:20 AM

Quote:

Originally Posted by Exhibitman (Post 1739087)
They don't, at least not in the sense you are loosely using the terms. A voluntary organization can ask its members to adhere to certain standards but there is no requirement that a person join the organization or adhere to the standards it sets. If a professional organization has an enforceable set of rules required to maintain a license, it is because the state has delegated lawmaking in the form of regulatory capacity to that organization. They can label it a code of ethics (they don't use "morals") but it is really a regulation with the compulsory power of the state behind it. For example, the California State Bar. It has a set of rules of professional conduct and if you breach them you can be investigated, prosecuted in the State Bar Court, and possibly lose your license. That isn't ethics, it is regulation.

I am not loosely using any term, I am using the term the professions and organizations themselves use. A quick google search turns up dozens of examples. If you want to argue that if you have a Code of Ethics you are essentially turning them into regulations it might be debatable, but it's hardly like I'm making up the term.

bigfish 01-16-2018 08:03 AM

What a shit mess
 
Glad to see Mike get some of his money back.

Michael Peich 01-23-2018 08:16 AM

In my last post on this matter I mentioned that I accepted Chris Buckler’s offer to refund me $1850, half of my loss for the stolen Zach Rice cards I purchased from Chris.

True to his word Chris mailed me a check for $1850 and it has cleared my bank.

With this payment my dispute with Chris over reimbursement for the stolen Zach Rice T209s and T210s is settled.

My hope is that Zach will recover other cards that his brother stole and sold from his collection.

Thank you for the kind words of support many of you offered.

Regards,
Mike

Jason 01-23-2018 08:54 AM

im glad you were able to come to a resolution on this matter Mike. I hope Zach gets all of his cards back as well and that we hear from him one day about the final outcome.

jefferyepayne 01-24-2018 05:21 PM

Quote:

Originally Posted by glynparson (Post 1739132)
My brother many years ago went through a period of heavy drug abuse and did something similar. I did not go after anyone but him, I never had to get the police involved my dad and grandfather forced him to make it good. I made him pay me back replacement value,which he did after a period of time. He had an inheritance coming so it made things a little easier.

Good for you, Glyn. You and your family did the RIGHT thing.

jeff

Kevin Savage 01-25-2018 01:15 PM

Wow....
 
After reading most of this thread- I am glad Mike and Chris were able to work something out. I consider both friends- and know neither want to handle stolen property or profit from it.

In my opinion they both are trying to do the right thing- and that is admirable.

I am always doing my best to make sure when we buy cards and buy collections- that we are buying from the rightful owner. This is a great reminder of the mess that can take place if we make the wrong purchase- no matter how removed you are from the theft and that first sale.

In the end the collectors' brother is the thief here- and in my opinion- that is where 100% of the blame should rest. He knew the cards were not his. Mike and Chris bought them in good faith. From what I know of the case- they both have gone above and beyond the moral duty in this one.


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