FAKE packs and an FBI Fraud Investigation: What would YOU do?

[markf31]

I think you need to tread very carefully. The list and the associated information that you have is part of an ongoing FBI investigation and you were given this information in what seems to be complete confidence by Steve Hart, who ironically is going to be heavily involved in the ongoing investigation as well. His act of disseminating this information to you could mean trouble for both you and him since it deals with information tied to the investigation and possible evidence in this ongoing investigation.

I would highly recommend you remain silent with the information you possess and under no circumstances release it, nor hint at its existence to anyone. I would also not act or take any actions where you would benefit from having known about the information such as questioning others or offering packs for sale since they could be construed as evidence, until the investigation by the authorities is completed. I would think any pack on the list would be considered evidence in the investigation. I would even recommend talking to your lawyer or a lawyer about this. The FBI does not take kindly to information about ongoing criminal investigations being leaked to anyone, especially the “public”.

[DavidG1966]

Originally Posted by markf31

I think you need to tread very carefully. The list and the associated information that you have is part of an ongoing FBI investigation and you were given this information in what seems to be complete confidence by Steve Hart, who ironically is going to be heavily involved in the ongoing investigation as well. His act of disseminating this information to you could mean trouble for both you and him since it deals with information tied to the investigation and possible evidence in this ongoing investigation.

I would highly recommend you remain silent with the information you possess and under no circumstances release it, nor hint at its existence to anyone. I would also not act or take any actions where you would benefit from having known about the information such as questions others or offering up what could be construed as evidence, until the investigation by the authorities is completed. I would even recommend talking to your lawyer or a lawyer about this. The FBI does not take kindly to information about ongoing criminal investigations being leaked to anyone, especially the “public”.

Yup! This is exactly the problem I face. I am stuck in the middle with packs that people involved think I should just sell and move on passing any potential issues to the next guy. If I disclose that the pack is potentially fake in any sales, who will buy it other then at a scrap price. I have a large investment and am stuck! Others could be stuck too and there is someone about to buy a pack on ebay right now that could potentially get stuck.

[markf31]

Originally Posted by DavidG1966

Yup! This is exactly the problem I face. I am stuck in the middle with packs that people involved thinks I should just sell and move on. I have a large investment and am stuck! Others could be stuck too and there is someone about to buy a pack on ebay right now that could potentially get stuck.

Again, I'm no lawyer. But the information you possess is part of an ongoing investigation. I would highly recommend you speak to a lawyer immediately. Any move now on your part could put you into big trouble later on.

[Peter_Spaeth]

I don't have an opinion on the morality of it, but I think knowing what you know I would be uncomfortable selling packs that seem to have a pretty high chance of being fake. Put it this way, if you were a buyer and the truth came to light later, would you be pissed off at the seller who didn't say anything? You probably would be.

Yeah, I suppose one could argue you're just selling PSA's opinion, but (easy to say I know) I don't think I would be comfortable.

[DavidG1966]

Originally Posted by peter_spaeth

i don't have an opinion on the morality of it, but i think knowing what you know i would be uncomfortable selling packs that seem to have a pretty high chance of being fake. Put it this way, if you were a buyer and the truth came to light later, would you be pissed off at the seller who didn't say anything? You probably would be.

Yeah, i suppose one could argue you're just selling psa's opinion, but (easy to say i know) i don't think i would be comfortable.

Exactly! I am SICK over the packs I unknowingly already sold.

[EvilKing00]

i would agree with everything mark said and u also may want to call a lawyer

[DavidG1966]

This is exactly why I am seeking opinions on what to do. My advise from PSA and StarPaxMan was to just sell them. How can I do that?

[markf31]

Originally Posted by DavidG1966

This is exactly why I am seeking opinions on what to do. My advise from PSA and StarPaxMan was to just sell them. How can I do that?

You can't. I implore you to talk to a lawyer. Any advice you receive on here will be in the same vein I believe.

[travrosty]

did the authentication company blow it again? well, that's just greaaaat, as elaine benis would say.

thats what people get for trusting them. they should be liable for all of this. if you have fake packs that a company certified, then go back to them for restitution.

[egbeachley]

First response is probably the best response.

It would seem to me that the vast majority of the packs, possibly all of them, would be fake. And I expect that eventually the pack creator will tell investigators just that or may know exactly which ones. At that point they can be sent back to the grading company for the guaranty. So hold on to the packs for now.

I also think this thread should be deleted....or redacted

[Griffins]

From what I understand this investigation and alleged fraud centered almost solely around '70's cello packs, many of them showing star cards on the top and often bottom.

[lsutigers1973]

8) PSA's pack authenticator gave me the list of packs the person had authenticated. I do not know nor did the authenticator tell me which are real or fake.

I doubt very seriously that anyone aware of the situation with possession of a "list" would freely hand it over to anyone without a subpoena.

[36GoudeyMan]

.. and I have to tell you to shut the hell up NOW. Stop talking about what you know; you are jeopardizing the investigation and running into obstruction of justice issues (not liability yet, just issues), plus you are in possession of, and are talking about, confidential investigatory information. SHUT UP.

DO NOT SELL ANY PACKS if you have the slightest bit of concern over their authenticity. NONE. Knowing what you have stated publicly that you already know about the possible authenticity issues surrounding some/all of your packs, selling them now -- without the kind of disclosure that would be needed to insulate you from civil AND criminal liability -- would be ridiculous and personally dangerous, from a legal point of view.

Perhaps you have a civil claim, at this point, I'm not certain. But I can say this categorically: SHUT UP AND DO NOT SELL ANY PACKS. Do not discuss what you know with anyone but the investigators -- not with PSA, not with Steve Hart, NO ONE but the investigators. I join wholeheartedly in the chorus of posters telling you to get your OWN lawyer,not someone you might share with another victim, but your OWN. White collar criminal lawyers abound; you should have no trouble getting a referral from your local Bar or Bar Association if you or a friend does not know one. But get one, sooner rather than later, and talk to him/her immediately.

[cobblove]

This guy seems like a crazy person trying to use this as an attack on steve. Steve does a great job at what he does. And I know everyone agrees who has ever meet to done any kind of deal with steve knows he's 100% honest and fair in his life. Not even a question about his character. Steve is human and Jose has shown that by having the packs authenticated and oked by Steve. Brought to light anything to do with a bogus pack steve will do whatever to make things right. If a few packs got by steve it shouldnt be seen as if Steve did it on purpose.Which is what Jose is saying? Crazy fing guy. Steve is giving an opinion that we all ask for because he shares all his knowledge that he has about this area of the hobby. Everyone makes mistakes and it seems easy to understand a few packs getting by the system. But what I dont get is the individual who started this mess by sending in what he knew were basement made packs just to show that people can make mistakes? And to say that steve did it on purpose is insaine and your character needs to be looked at.

[ALR-bishop]

....do not seek advice on a matter with significant legal implications on a public bulletin board. Get professional attorney client legal advice.

[Peter_Spaeth]

At this point not much you can or should do about what you already sold, in my opinion.

[Sean1125]

(edited to add more and formatting)
So does this mean there is no "PSA guarantee"?

The PSA Financial Guarantee of Grade & Authenticity
The PSA Financial Guarantee of Grade & Authenticity is fundamental to PSA's concept of third-party grading. The cash-back policy ensures the accuracy of the grade assigned to any PSA-graded card as long as the card remains in its tamper-evident holder. PSA guarantees that all cards submitted to it shall be graded in accordance with PSA grading standards and under the procedures of PSA. If PSA, in fact, concludes that the card in question no longer merits the PSA grade assigned or fails our authenticity standards, PSA will either: Buy the card from the submitter at the current market value if the card can no longer receive a numerical grade under PSA's standards or, Refund the difference in value between the original PSA grade and the current PSA grade if the grade is lowered. In this case, the card will also be returned to the customer along with the refund for the difference in value. The current market value is determined by PSA, based in part on SMR values and/or recent prices realized from the marketplace. PSA has sole discretion in regards to the buyback price. Click here for an important note about the PSA Holder.

Also on another section of the site (http://www.psacard.com/services/PSA_holder.chtml)
These are just some basic reminders and suggestions of how to avoid buying items that are purported to be PSA-authenticated or graded but, in reality, are not. A few precautionary measures can help protect you from buying fraudulent items and enhance your overall collecting experience. If you have any suspicions whatsoever, take a day or two to consider your decision and consult with colleagues or trusted advisors.

I have to agree with earlier posts, a lawyer is pretty necessary right now and no one can give you definitive answers except them.

[drmondobueno]

Originally Posted by DavidG1966

This is exactly why I am seeking opinions on what to do. My advise from PSA and StarPaxMan was to just sell them. How can I do that?

David, you need to talk with a lawyer.

I would also suggest you stop commenting in a public forum any further until you SPEAK WITH A LAWYER.

I wish you the best. I really do.
Keih

[DavidG1966]

Originally Posted by drmondobueno

David, you need to talk with a lawyer.

I would also suggest you stop commenting in a public forum any further until you SPEAK WITH A LAWYER.

I wish you the best. I really do.
Keih

It never dawned on me that the victim could be in trouble.

[Peter_Spaeth]

Well you do need to be careful because (1) you are potentially selling items you know may be fake, even if you aren't the one who faked them and (2) you are considering divulging information you agreed to keep confidential.

[tbob]

Tread extremely carefully here. If you sell the packs you are going to bump in to the possibility of being charged with knowingly selling fraudulent items or selling them "knowing" or "SHOULD HAVE KNOWN" they were fraudulent based on the time frame.
Good advice not to discuss anything more on this Board. If it were me, I would delete all my posts on this board and not sell any of the packs.

[birdman42]

Originally Posted by DavidG1966

...My advise from PSA...was to just sell them...

Holy crap.

[whitehse]

Never get cheated!!









Posted by And.rew Whi.te