Quote:
Originally Posted by Snowman
It would appear as though the FBI disagrees with you though. They had all the evidence they could ever need to bring charges against these guys, and yet they chose not to. I don't buy the arguments that it was just too difficult to prove or that it failed on some technicality.
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OK let's correct some basic errors here.
If there was no possible crime here they would not have investigated, over a several year period, in the first place. If there were no possible crimes here, Brent's first attorney would not have advised him to cooperate and make restitution. There are definitely possible crimes here namely mail fraud and wire fraud. The problem was not the legal framework but proving it beyond a reasonable doubt with admissible evidence. What evidence do you think they had? The Blowout stuff, great as it is, and powerful as it is in the court of public opinion, is not admissible evidence in a federal court. But we've been there done that on this discussion and I don't have the patience to do it yet again.
And if you don't think the fact that a card is altered is material, such that nondisclosure is fraud, ask yourself, why doesn't anyone in the hobby ever disclose it? As they say in the law, the thing speaks for itself.
Can you imagine a listing by PWCC -- PSA 8 1948 Leaf Jackie Robinson, trimmed by Gary M. PSA 9 1952 Bowman Stan Musial, recolored. 1986 Fleer Michael Jordan PSA 10, broken out of an 8 holder and corners filed. 1915 Cracker Jack Honus Wagner, PSA 7, whitened.
By the way, the FBI does not bring charges, they investigate crimes. The U.S. Attorney brings charges, or decides not to.