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  #1  
Old 09-24-2013, 07:29 PM
Cardboard Junkie Cardboard Junkie is offline
David Pierson
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How is it different than buying a used car, that a 3rd party mechanic says is good- condition. Fix it a little. use a little bondo, put some engine quieting mud in the crankcase. Then a 3rd party mechanic says it's excellent. And it is sold at a profit. I'm not convinced that is a crime.. Jes sayin
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  #2  
Old 09-24-2013, 07:40 PM
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Peter_Spaeth Peter_Spaeth is offline
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http://www.law.cornell.edu/uscode/text/18/1341
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at
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He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt.
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  #3  
Old 09-24-2013, 07:49 PM
tschock tschock is offline
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Quote:
Originally Posted by Cardboard Junkie View Post
How is it different than buying a used car, that a 3rd party mechanic says is good- condition. Fix it a little. use a little bondo, put some engine quieting mud in the crankcase. Then a 3rd party mechanic says it's excellent. And it is sold at a profit. I'm not convinced that is a crime.. Jes sayin
Read the link I (or Peter) provided. It's fairly obvious the difference, which in part relies on intent (of the seller). Good versus Excellent condition is an opinion (of the 3rd party, in your case), and not a statement of fact. In the case of the card, altering is a fact, not an opinion. To what extent altering affects the VALUE of a card is an opinion. However "general use acceptance" is that altered cards are worth less than unaltered cards.

"A statement of belief is not a statement of fact and thus is not fraudulent. Puffing, or the expression of a glowing opinion by a seller, is likewise not fraudulent. For example, a car dealer may represent that a particular vehicle is "the finest in the lot." Although the statement may not be true, it is not a statement of fact, and a reasonable buyer would not be justified in relying on it." - again, http://legal-dictionary.thefreedictionary.com/fraud
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Old 09-24-2013, 08:00 PM
Cardboard Junkie Cardboard Junkie is offline
David Pierson
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Just plodded through the link.....clear as mud now.
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  #5  
Old 09-24-2013, 08:07 PM
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It pretty much comes down to you can't use the mail or any private interstate carrier to commit a fraud. Similar statute (wire fraud) that covers the phone/email side of things. Trust me the obstacle is not finding a crime to fit.
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My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at
https://www.jamesspaethartwork.com/

He is available to do custom drawings in graphite, charcoal and other media. He also sells some of his works as note cards/greeting cards on Etsy under JamesSpaethArt.
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Old 09-25-2013, 12:58 PM
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Quote:
Originally Posted by Peter_Spaeth View Post
It pretty much comes down to you can't use the mail or any private interstate carrier to commit a fraud. Similar statute (wire fraud) that covers the phone/email side of things. Trust me the obstacle is not finding a crime to fit.


love the Cornell Law reference...

any other Cornellians here?
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Old 09-25-2013, 01:38 PM
vintagetoppsguy vintagetoppsguy is offline
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Originally Posted by CaramelMan View Post
any other Cornellians here?
I don't know about Cornellians, but I think the subject of this thread is a Cornholian.
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  #8  
Old 09-25-2013, 01:49 PM
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CaramelMan CaramelMan is offline
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Quote:
Originally Posted by vintagetoppsguy View Post
I don't know about Cornellians, but I think the subject of this thread is a Cornholian.



ha Good one!

huuuh huuuhh huuuuuh....you rock or something!
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