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  #1  
Old 05-04-2023, 10:59 AM
Peter_Spaeth's Avatar
Peter_Spaeth Peter_Spaeth is online now
Peter Spaeth
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Quote:
Originally Posted by G1911 View Post
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.
Dunno about you, but when a question comes up about an indictment, I don't look to the indictment itself or the official government press release, I look to my memory of what some anonymous people said almost a decade ago on a chatboard.

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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Last edited by Peter_Spaeth; 05-04-2023 at 11:09 AM.
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  #2  
Old 05-04-2023, 11:12 AM
MikeGarcia MikeGarcia is online now
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Default Card Needed Here. And popcorn ?

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  #3  
Old 05-04-2023, 11:12 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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Last edited by nolemmings; 05-04-2023 at 11:18 AM.
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Old 05-04-2023, 11:34 AM
G1911 G1911 is offline
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Quote:
Originally Posted by Peter_Spaeth View Post
Dunno about you, but when a question comes up about an indictment, I don't look to the indictment itself or the official government press release, I look to my memory of what some anonymous people said almost a decade ago on a chatboard.

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?
It's in reference to a non-criminal scheme, of course. That's why it's in the indictment and plea deal.
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