Failing to disclose a material fact is fraud by non-disclosure, also known as fraudulent concealment. You don't have to affirmatively lie by saying something that isn't the truth. Failing to speak may also be fraud. I think that may be part of the disconnect.
If you trim a card, get it by the graders (which seems to be much easier that I had previously thought it might be) and either consign it to be sold or sell it directly yourself as worth whatever numerical grade it was given, that is fraud. The numerical grade is a material fact upon which the buyer based their decision to pay $XXX.00 for it upon. If you trimmed it (or knew it was trimmed) you have committed fraud by non-disclosure because you knew it didn't deserve a numerical grade. You have a duty to disclose that, plain and simple. Every time. If you use the mails or wires as part of your selling scheme, you get to look at mail or wire fraud.
Last edited by Kenny Cole; 06-03-2019 at 07:10 AM.
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