Ashamed - Topps T206 Buy Back Fraud

[tschock]

Originally Posted by mighty bombjack

So intent matters? The OP could theoretically argue that the premium from the Topps pack was more the frame (as a presentation piece) than the card and frame in its entirety. Topps was putting random cards into frames with zero correlation between the two, so OP was just doing same.

Of course, the OP could 'attempt' to argue that, but the evidence would tend to negate that argument, IMO. From one of the listings:

"1909-11 T206 Topps Buyback Red Ames Hands at Chest TOUGH COMMON Piedmont Sweet Caporal 150 back. I just acquired a huge lot of Topps Buybacks with Hall of Famers, Southern Leaguers, and tougher backs."

[Peter_Spaeth]

Originally Posted by tschock

Of course, the OP could 'attempt' to argue that, but the evidence would tend to negate that argument, IMO. From one of the listings:

"1909-11 T206 Topps Buyback Red Ames Hands at Chest TOUGH COMMON Piedmont Sweet Caporal 150 back. I just acquired a huge lot of Topps Buybacks with Hall of Famers, Southern Leaguers, and tougher backs."

He must have meant assembled, not acquired.

[Bliggity]

Originally Posted by tschock

"1909-11 T206 Topps Buyback Red Ames Hands at Chest TOUGH COMMON Piedmont Sweet Caporal 150 back. I just acquired a huge lot of Topps Buybacks with Hall of Famers, Southern Leaguers, and tougher backs."

"But I never said that the one I was selling was part of that lot!"

[judsonhamlin]

I will post this example from the New Jersey Criminal Code - a fourth degree crime is punishable by up to 18 months in State prison, even if it rarely is.

NJSA 2C:21-2 Criminal Simulation. A person commits a crime of the fourth degree if, with purpose to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.

No mention of the existence of a copyright as an element of the offense.

Anyone in NJ buy any of these?

[Peter_Spaeth]

Originally Posted by judsonhamlin

I will post this example from the New Jersey Criminal Code - a fourth degree crime is punishable by up to 18 moths in State prison, even if it rarely is.

NJSA 2C:21-2 Criminal Simulation. A person commits a crime of the fourth degree if, with purpose to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.

No mention of the existence of a copyright as an element of the offense.

Anyone in NJ buy any of these?

What does it mean to utter an object????

[judsonhamlin]

To publish, sell, offer for sale or present in some way. One "utters" a bad check when it is turned over for payment, for example

[Peter_Spaeth]

Originally Posted by judsonhamlin

To publish, sell, offer for sale or present in some way. One "utters" a bad check when it is turned over for payment, for example

Only in Jersey.

[mighty bombjack]

Originally Posted by Peter_Spaeth

What does it mean to utter an object????

I guess that would mean voice impersonation, like if I can do a spot-on impression of Morgan Freeman and then use at voice in a radio spot for my product without mention that it's an impersonation?

[tschock]

Originally Posted by Bliggity

"But I never said that the one I was selling was part of that lot!"

Dang you, and your vigorous defense!