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  #1  
Old 05-03-2023, 10:34 PM
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Peter_Spaeth Peter_Spaeth is offline
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Now I ain't no fancy pants lawyer or nothin', but I'm pretty sure that just because you are admitting it in your plea bargain and take culpability and responsibility for an action even though the statute of limitations on it has expired, it doesn't mean that action was illegal. People just, like, cop to things that aren't illegal in their plea deals all the time just because.

We all have opinions, what is is not necessarily what should be, but what is is the realm of actual, verifiable and ascertainable fact. It amazes me how many people will insist X or Y is or is not in a document that they are unable or unwilling to read. No one has ever won an argument by virtue of their illiteracy. I expect a small number of hobbyists to openly support fraud and a much larger number to quietly and tacitly support fraud that benefits them and their buddies, but I would hope that these people would be able to avoid the stupid trap of insisting and doubling down on provably false claims to fact. Clearly they are too fucking dumb to do even that.
To those who think selling trimmed cards without disclosure could never be viewed as a crime, the Mastro case is very inconvenient proof to the contrary. As is the FBI investigation of PWCC et al, even if ultimately charges were not brought. If there was no possible crime, nobody, least of all Brian Brusokas, would have devoted the enormous effort to investigating. Not that such proof is even needed, as it's very clear from the face of the mail and wire fraud statutes, which are always being applied to new situations.
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Last edited by Peter_Spaeth; 05-03-2023 at 10:39 PM.
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  #2  
Old 05-04-2023, 12:40 AM
Snowman Snowman is offline
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Originally Posted by Peter_Spaeth View Post
To those who think selling trimmed cards without disclosure could never be viewed as a crime, the Mastro case is very inconvenient proof to the contrary. As is the FBI investigation of PWCC et al, even if ultimately charges were not brought. If there was no possible crime, nobody, least of all Brian Brusokas, would have devoted the enormous effort to investigating. Not that such proof is even needed, as it's very clear from the face of the mail and wire fraud statutes, which are always being applied to new situations.
It feels like you're spinning the facts here to fit your narrative though. Mastro was charged with shill bidding and ONE count of mail fraud, which was for the counterfeit baseball he sold and shipped through Mastro auctions. The mail fraud charge was also shared by other Mastro Auctions employees who had nothing to do with the Wagner. He didn't even mail the card at all. He sold it to someone in person as a cash deal in 1987.

I'm no lawyer, but when I read through discussions of this topic on the Blowhard forums a few years back, I seem to recall most of the lawyers there were in agreement that he had not in fact been charged with any crimes in relation to the Wagner card. But rather it was brought up during the trial as a mere testimony to his character, or lack thereof. Him basically just trying to come clean with anything and everything he could in an effort to gain favor and get a more lenient sentence. But he was not directly charged with a crime for anything related to the Wagner. You mention that he admitted to trimming the Wagner in his plea deal, but that plea deal was rejected by the judge. He was not sentenced for anything to do with the Wagner.
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  #3  
Old 05-04-2023, 05:12 AM
parkplace33 parkplace33 is offline
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It feels like you're spinning the facts here to fit your narrative though. Mastro was charged with shill bidding and ONE count of mail fraud, which was for the counterfeit baseball he sold and shipped through Mastro auctions. The mail fraud charge was also shared by other Mastro Auctions employees who had nothing to do with the Wagner. He didn't even mail the card at all. He sold it to someone in person as a cash deal in 1987.

I'm no lawyer, but when I read through discussions of this topic on the Blowhard forums a few years back, I seem to recall most of the lawyers there were in agreement that he had not in fact been charged with any crimes in relation to the Wagner card. But rather it was brought up during the trial as a mere testimony to his character, or lack thereof. Him basically just trying to come clean with anything and everything he could in an effort to gain favor and get a more lenient sentence. But he was not directly charged with a crime for anything related to the Wagner. You mention that he admitted to trimming the Wagner in his plea deal, but that plea deal was rejected by the judge. He was not sentenced for anything to do with the Wagner.
Thanks Travis, well said. You won’t change any minds here though.

And it’s funny how there was no response to this question posted earlier:

But my question for you is this… if there was no shill bidding and just the trimming, does this case still result in a plea deal?

Last edited by parkplace33; 05-04-2023 at 05:13 AM.
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  #4  
Old 05-04-2023, 08:45 AM
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Thanks Travis, well said. You won’t change any minds here though.

And it’s funny how there was no response to this question posted earlier:

But my question for you is this… if there was no shill bidding and just the trimming, does this case still result in a plea deal?
If that were the case, I think he certainly could have been charged with a crime, but as a matter of prosecutorial discretion I think it relatively unlikely they would have pursued it. No doubt the complaints of shill bidding were the impetus for going after him.
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Last edited by Peter_Spaeth; 05-04-2023 at 08:46 AM.
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  #5  
Old 05-04-2023, 08:51 AM
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Originally Posted by Snowman View Post
It feels like you're spinning the facts here to fit your narrative though. Mastro was charged with shill bidding and ONE count of mail fraud, which was for the counterfeit baseball he sold and shipped through Mastro auctions. The mail fraud charge was also shared by other Mastro Auctions employees who had nothing to do with the Wagner. He didn't even mail the card at all. He sold it to someone in person as a cash deal in 1987.

I'm no lawyer, but when I read through discussions of this topic on the Blowhard forums a few years back, I seem to recall most of the lawyers there were in agreement that he had not in fact been charged with any crimes in relation to the Wagner card. But rather it was brought up during the trial as a mere testimony to his character, or lack thereof. Him basically just trying to come clean with anything and everything he could in an effort to gain favor and get a more lenient sentence. But he was not directly charged with a crime for anything related to the Wagner. You mention that he admitted to trimming the Wagner in his plea deal, but that plea deal was rejected by the judge. He was not sentenced for anything to do with the Wagner.
It's in the indictment itself. It wasn't "brought up during the trial." But don't let the facts get in the way, OK? I agree fully with people who are saying it's not the focus of the case. it was not. I only brought it up at all in response to the demonstrably false claim that selling an altered card without disclosure could not possibly be viewed as a crime. And again, speaking of questions nobody is answering, someone please explain why, if selling altered cards without disclosure could never be a crime, why the FBI undertook a several year investigation into card doctoring.
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Last edited by Peter_Spaeth; 05-04-2023 at 08:59 AM.
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  #6  
Old 05-04-2023, 09:04 AM
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Again, from the US Attorney's office:


According to the indictment, in advertising portraying Mastro Auctions as the premier seller of valuable items, including the world’s most expensive baseball trading card, a Honus Wagner T-206 card, Mastro allegedly failed to disclose that he had altered the Wagner T-206 card by cutting the sides in a manner that, if disclosed, would have significantly reduced the value of the card. The charges allege that Mastro and Allen caused the sale of certain items knowing that their authenticity and condition were misrepresented to customers, including purported hair of Elvis Presley and a purported 1869 Cincinnati Red Stockings trophy baseball.

For those of you who apparently don't understand this, the indictment is the document setting forth the criminal charges.
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Last edited by Peter_Spaeth; 05-04-2023 at 09:07 AM.
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  #7  
Old 05-04-2023, 09:18 AM
G1911 G1911 is offline
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Originally Posted by Peter_Spaeth View Post
Again, from the US Attorney's office:


According to the indictment, in advertising portraying Mastro Auctions as the premier seller of valuable items, including the world’s most expensive baseball trading card, a Honus Wagner T-206 card, Mastro allegedly failed to disclose that he had altered the Wagner T-206 card by cutting the sides in a manner that, if disclosed, would have significantly reduced the value of the card. The charges allege that Mastro and Allen caused the sale of certain items knowing that their authenticity and condition were misrepresented to customers, including purported hair of Elvis Presley and a purported 1869 Cincinnati Red Stockings trophy baseball.

For those of you who apparently don't understand this, the indictment is the document setting forth the criminal charges.

Well yes, but a company they like or people they like (or themselves) engage in this activity, and so indictments must be ignored alongside the text of the laws and the definition of criminal fraud itself so they can claim their boys didn't do nothing.

Arguing that things should be restructured so that trimming without disclosure is not fraud would at least not require being blatantly factually wrong, but that angle isn't perfect for the agenda, so it won't be used. Instead, just double down on factually incorrect claims to fact. That's the ticket.
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  #8  
Old 05-04-2023, 09:23 AM
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Peter_Spaeth Peter_Spaeth is offline
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Well yes, but a company they like or people they like (or themselves) engage in this activity, and so indictments must be ignored alongside the text of the laws and the definition of criminal fraud itself so they can claim their boys didn't do nothing.

Arguing that things should be restructured so that trimming without disclosure is not fraud would at least not require being blatantly factually wrong, but that angle isn't perfect for the agenda, so it won't be used. Instead, just double down on factually incorrect claims to fact. That's the ticket.
But I'm the one accused of spinning the facts to meet my narrative. It's right there in black and white in the charging document, but somehow he wasn't charged with it, it was just something that was brought up LATER to reflect on his character, and he admitted it not because it was part of the charges to which he had to answer, but because he was a good citizen coming clean.

The denial and contrarian and counterfactual bullshit on this thread top anything I have seen yet on Net 54.
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Last edited by Peter_Spaeth; 05-04-2023 at 09:35 AM.
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  #9  
Old 05-04-2023, 09:36 AM
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The denial and contrarian and counterfactual bullshit on this thread top anything I have seen yet on Net 54.
Then you're obviously staying away from the watercooler section
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Old 05-04-2023, 09:51 AM
G1911 G1911 is offline
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Originally Posted by Peter_Spaeth View Post
But I'm the one accused of spinning the facts to meet my narrative. It's right there in black and white in the charging document, but somehow he wasn't charged with it, it was just something that was brought up LATER to reflect on his character, and he admitted it not because it was part of the charges to which he had to answer, but because he was a good citizen coming clean.

The denial and contrarian and counterfactual bullshit on this thread top anything I have seen yet on Net 54.
We see every week or so that a great many people structure the argument after the conclusion, and do so without any regard whatsoever for provable facts. That feels like the normal. The combination of a complete lack of ethics alongside the stupidity elevates this one. On the plus side, it gives a good roster of names not to buy or trade with. People who think criminal fraud is legal and morally acceptable tend to be dishonest in their dealings and greatly heighten the risk factor.
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  #11  
Old 05-04-2023, 12:59 PM
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Lorewalker Lorewalker is offline
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Originally Posted by Peter_Spaeth View Post
It's in the indictment itself. It wasn't "brought up during the trial." But don't let the facts get in the way, OK? I agree fully with people who are saying it's not the focus of the case. it was not. I only brought it up at all in response to the demonstrably false claim that selling an altered card without disclosure could not possibly be viewed as a crime. And again, speaking of questions nobody is answering, someone please explain why, if selling altered cards without disclosure could never be a crime, why the FBI undertook a several year investigation into card doctoring.
Unlike others who think they are Perry Mason I am not gonna touch on the legal merits but only to reiterate a comment you made earlier. Whether or not the concealment of a known alteration on a card one has for sale is a punishable crime, the very fact that nobody who sells and or defends these altered cards discloses the card is altered is telling as to what the hobby as a whole thinks of alterations.

The day when altered numerically graded cards (by respected TPG) are sold with full disclosure for consistently the same amount as an unaltered example in the same grade will be the time we can all agree that doctoring cards is accepted in the hobby. Until then I call utter BS on those who are advocating or defending it. Maybe that is because they themselves dabble in fixing cardboard. Kudos to them, however, for at least admitting they are ok with it. Takes some guts to do that so they have my respect from that POV.
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Old 05-04-2023, 01:09 PM
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Unlike others who think they are Perry Mason I am not gonna touch on the legal merits but only to reiterate a comment you made earlier. Whether or not the concealment of a known alteration on a card one has for sale is a punishable crime, the very fact that nobody who sells and or defends these altered cards discloses the card is altered is telling as to what the hobby as a whole thinks of alterations.

The day when altered numerically graded cards (by respected TPG) are sold with full disclosure for consistently the same amount as an unaltered example in the same grade will be the time we can all agree that doctoring cards is accepted in the hobby. Until then I call utter BS on those who are advocating or defending it. Maybe that is because they themselves dabble in fixing cardboard. Kudos to them, however, for at least admitting they are ok with it. Takes some guts to do that so they have my respect from that POV.
LOL imagine auction listings with BODA style before and after photos. Yeah, that will happen. On the 13th of Never.
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