Ashamed - Topps T206 Buy Back Fraud

[Peter_Spaeth]

Originally Posted by mighty bombjack

I should read the indictment, clearly.

So, simple question: It is not illegal to take the graphite end of a pencil and write on a t206 card (though many here might like it to be) and then list that on eBay without mention (because the writing would be pretty obvious). But to take the eraser end of the pencil to one that previously marks on it and list it on eBay without mention is punishable by law?

Well now you are into a gray area whether that would be a material alteration that needs to be disclosed. We could argue about whether it is or isn't. But for a clear-cut case like trimming, yeah. There is also a California statute specifically on point that I recall but cannot immediately locate it.

[botn]

Originally Posted by Peter_Spaeth

Well now you are into a gray area whether that would be a material alteration that needs to be disclosed. We could argue about whether it is or isn't. But for a clear-cut case like trimming, yeah. There is also a California statute specifically on point that I recall but cannot immediately locate it.

Adam once posted that statute. It is Calif Business and Professions Code sections 21670-21672. http://law.onecle.com/california/business/21670.html My recollection is that there are other states that have adopted similar laws.

[mighty bombjack]

Originally Posted by botn

Adam once posted that statute. It is Calif Business and Professions Code sections 21670-21672. http://law.onecle.com/california/business/21670.html My recollection is that there are other states that have adopted similar laws.

Wow, that's pretty clear cut. I had no idea such sports card-specific statutes existed anywhere.

I had originally viewed this almost entirely from the point of view of Topps, who had no copyright on the product or interest in the OP's sales. I now think that the civil liability in terms of fraud/misrepresentation is clear, and the NJ statute quoted above points to criminal liability as well. However, and as has been pointed out, the civil damages are pretty small (unless someone has a massive collectin of these, which has been devalued considerably at this point), and there ain't a DA anywhere that wants to touch this particular prosecution.

I may discuss it with my older brother when he comes to town tomorrow, as he is a former Colorado DA himself, and see what he thinks about it. He will likely yawn and say "Who the hell cares," which is why I'm glad to have an online community like this to go back and forth with.