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Speaking of the actual indictment: 11. It was further part of the scheme that in marketing materials distributed on behalf of Mastro Auctions, which were intended to portray Mastro Auctions to potential bidders and consignors as a premier seller of valuable items for which a strong market existed, defendant MASTRO represented that Mastro Auctions had sold the most expensive baseball card in the world, a Honus Wagner T-206 card. In making this representation, however, defendant MASTRO knowingly omitted the material fact that defendant MASTRO had altered the baseball card by cutting the sides of the card in a manner that, if disclosed, would have significantly reduced the value of the card. You probably don't need to be a lawyer to understand what "It was further part of the scheme" means. Anyone still want to claim he wasn't charged with selling an altered card without disclosure?
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Four phrases I nave coined that sum up today's hobby: No consequences. Stuff trumps all. The flip is the commoodity. Animal Farm grading. Last edited by Peter_Spaeth; 05-04-2023 at 11:09 AM. |
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I would add that the intentional misrepresentation or omission of a material fact is actionable as civil fraud, and has been for more than the nearly 40 years I have been practicing in Arizona. I am confident that the law is similar in all states. Moreover, apart from being a common law cause of action, many states have statutes on the books for consumer fraud. Arizona at least has a broad view of what conduct can fall within the statute and even allows such claims to be proven by the far less stringent burden of proof-- preponderance of the evidence. Heck, in theory the Attorney General here is authorized to investigate and pursue claims for consumer fraud, and it is not taken lightly, although the politics and resources involved in those decisions are always in play. The law addresses “any deception, unfair act or practice, false statement, false pretense, false promise or misrepresentation” and is actionable if relied upon by the plaintiff/victim, regardless of whether such reliance was reasonable.
In sum, to suggest that card alteration is only morally wrong but cannot comprise a crime or other unlawful conduct is just simply incorrect. {redundant for emphasis}
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Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President. Last edited by nolemmings; 05-04-2023 at 11:18 AM. |
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