Bill Mastro's upcoming sentencing

calvindog · #1 06-30-2015, 11:24 AM

Quote:

Originally Posted by Peter_Spaeth

Right, that's my point. Obviously if you bid on dozens of items over the years and paid record prices it's a fair inference, but for most people they would seem to have no way of knowing.

What about the lots in which the fraud is easily determined? Countless numbers of lots in which Bill/Mastro were the first underbidders? Are those also impossible to determine loss amount? Why no restitution for even those victims?

Again, this thread is not to rub our temples and discuss fantasy restitution scenarios which will not only have zero chance of coming to fruition but will not even be presented to the judge --- unless you actually write a letter to the judge.

Peter_Spaeth · #2 06-30-2015, 11:38 AM

Quote:

Originally Posted by calvindog

What about the lots in which the fraud is easily determined? Countless numbers of lots in which Bill/Mastro were the first underbidders? Are those also impossible to determine loss amount? Why no restitution for even those victims?

Again, this thread is not to rub our temples and discuss fantasy restitution scenarios which will not only have zero chance of coming to fruition but will not even be presented to the judge --- unless you actually write a letter to the judge.

And how does a member of the public not privy to the bidding records know which lots these were?

I asked you before, you tell us why no restitution if the prosecution had all that leverage such that Mastro would not have gone to trial?

calvindog · #3 06-30-2015, 12:12 PM

Quote:

Originally Posted by Peter_Spaeth

And how does a member of the public not privy to the bidding records know which lots these were?

I asked you before, you tell us why no restitution if the prosecution had all that leverage such that Mastro would not have gone to trial?

There is a Mandatory Victim Restitution Act (18 USC sec. 3663A (c)(3) which holds that:

"This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) if the court finds, from facts on the record, that�
(A) the number of identifiable victims is so large as to make restitution impracticable; or
(B) determining complex issues of fact related to the cause or amount of the victim�s losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process."

This is the reason why restitution was not ordered (and it is noted in the cooperation agreement); however, it doesn't explain why the government did not even attempt to get any forfeiture money from Mastro.

Peter_Spaeth · #4 06-30-2015, 12:20 PM

Quote:

Originally Posted by calvindog

There is a Mandatory Victim Restitution Act (18 USC sec. 3663A (c)(3) which holds that:

"This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) if the court finds, from facts on the record, that�
(A) the number of identifiable victims is so large as to make restitution impracticable; or
(B) determining complex issues of fact related to the cause or amount of the victim�s losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process."

This is the reason why restitution was not ordered (and it is noted in the cooperation agreement); however, it doesn't explain why the government did not even attempt to get any forfeiture money from Mastro.

Well it's unfortunate they didn't but I assume they had reasons for the judgment call.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Bill Mastro & Honus:	clydepepper	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	23	06-23-2015 06:11 PM
Bill Mastro - Great Guy	JT	Autograph Forum- Primarily Sports	20	05-30-2015 07:24 AM
Bill Mastro, 35 years ago	Archive	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	3	06-24-2008 07:28 AM
Those were the days.. Bill Mastro	Archive	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	0	02-06-2007 03:45 PM
An amazing lot in the upcoming Mastro auction...	Archive	Net54baseball Vintage (WWII & Older) Baseball Cards & New Member Introductions	36	07-18-2006 02:40 PM