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PS, he would not be charged with altering cards, it would be with mail and wire fraud for selling without disclosure. |
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I am, again, aware, which is why I said exactly what I said. “Charged for fraud”. “Fraud for altering cards” is, very obviously, not the literal name of the crime but a descriptor of what has happened, on which we seem to agree. We are, of course, all intimately aware that Brent did not alter cards to silently keep in his personal collection. |
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Likewise, it would never occur to me that if I had a card with a dinged/lifted/bent corner that I pushed back down prior to selling that this is something that ought to be disclosed. Honestly, I find even the mere suggestion to be pretty damn funny. Everyone has a different dividing line for what they deem as acceptable and unacceptable. Nobody cares to place demands to disclose on condition improvements they deem as acceptable, only for things they deem as unacceptable. But where that line gets drawn is different for everyone. So who gets to decide for the masses? At the end of the day, it's a dog eat dog world out there, especially in this hobby. The reality is that ~nobody is going to disclose this stuff, so you just need to educate yourself and look out for your own interests, whatever those are. If you have a card in hand and you are unable to detect any alterations whatsoever, despite having years of grading experience at one of the top grading companies, then what difference does it really make if something was indeed done to that card? At some point, we just become the old man screaming at clouds. Don't scream at clouds. |
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https://thehill.com/blogs/in-the-kno...umps-election/ |
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I don't think a slippery slope changes this. Am I guilty of speeding if I'm going 65.1? Is that really worse than 64.9? Am I really doing wrong? Does it matter when what I'm actually being accused of is going 112? I agree that this is very unlikely to ever actually go to court, but I'm really not seeing a real argument how running an alteration ring and selling items on provably false grounds is not actually fraud. |
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Even on the other end of the spectrum though with respect to some of the more egregious alterations like trimming. There are countless people in this hobby who believe that if it isn't detectable by an expert senior grader with decades of experience, then those differences simply do not matter. Just read the comments on Instagram whenever Cardporn posts a trimmed card. The comment section is tattooed with people saying, "what difference does it make?" And it's not like someone has been defrauded by purchasing a trimmed card in a PSA holder. There will always be another buyer for it. Everyone knows the 00000001 Wagner was trimmed or "hand cut". But nobody cares. The next time that card trades hands, it's still going to break the record and will always outsell any other Wagner. If I were PSA, I would do the best I could at detecting alterations while being open and honest about the fact that some alterations simply aren't detectable and that the grades they assign to cards reflects their best judgment and leave it at that. Then just let the market decide what the value of their opinion/service is worth instead of them pretending like they are some unpenetrable wall through which alterations cannot cross. |
If I sold broken headlights, but told the buyer they were working fine and had my pal at an auto put a sticker on them certifying they were in 10/10 amazing condition, it would not be legal.
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I suspect that "fraud in the inducement" could potentially be used here. |
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I think if one to were to do anything to a sports card, that at a minimum, is grounds for being rejected by a respectable 3rd party grader (based solely on their written description of what deems a card not worthy of a numerical grade), it would constitute an alteration. If that alteration was done to enhance the value or appearance of the card and it is not disclosed and sold, it probably meets the definition of fraud. On the flip side, "respected" TPG pass altered cards all the time either in error or by design. |
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I realize that it may not come across this way, but I do understand and respect your viewpoint on this. I think trimming cards for profit is a slimeball thing to do. But I probably wouldn't vote to convict them of a crime for it if I were on a jury unless someone could clearly demonstrate to me that it is in fact a crime. And that case has not yet been made to me. |
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I'm not trying to put words in your mouth, but rather to make sure I can phrase your viewpoint in a way that you would sign off on. If this phrasing passes the smell test, then I would ask whether you think the rest of the world (non-collectors) also shares this viewpoint. Surely, it is the majority opinion of the hobby. But is that enough to establish it as a material fact? This seems to be your argumnet. Because as we've discussed many times, a jury will ultimately be responsible for determining whether or not this behavior meets the criteria, not you nor anyone else arguing this case. If you believe that the majority of juries would conclude that card trimming for profit = fraud if not disclosed, then I believe this is where our disagreement lies. I do not think they would accept your argument that it is a material fact. I believe this viewpoint is a niche viewpoint that is primarily found within this hobby. Any defense attorney worth his salt could easily just point to nearly every other hobby or industry out there where this sort of behavior is widely accepted. The data also appears to support this, as there has never once been a case where someone was even charged with a crime, let alone found guilty of a crime for card trimming. And as you've pointed out many times, it's not because it has never been investigated. Perhaps this will change in the future. Maybe one day someone will be charged and convicted of card trimming for a profit. But until then, I think the more reasonable viewpoint to hold is that it is in fact not a crime. |
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As to part one, generally I would agree with that. I would define a material alteration as one a significant portion of potential buyers would deem important to their buying decision. It's not precise, but the law rarely is. So if most people wouldn't care if they weren't told about putting down a corner, not material. If we reach a point where most people don't care if a card has been trimmed, well, I would give up on the criminal law at that point. |
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So Travis, if trimming is a nothingburger, why don't people like Brent disclose it? I would think the fact that it is so widespread but universally concealed almost per se shows materiality. But I would put on lots of witnesses too.
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Wouldn't/shouldn't that go for cards that have been soaked as well then. Last I looked, water is a chemical - H2O. Or what about people who erase light pencil marks. I've heard people who think doing those things are okay, and rationalize like heck to justify (in their own minds at least) what they are doing is technically not an alteration or type of restoration to a card, so they believe there is nothing they need to disclose. I've got news for people who believe doing things like that are okay, but then criticize others for not always disclosing other types of alterations or restorations they may have done to cards. No one appointed you to be in charge of deciding what is or isn't considered a card alteration or restoration for the rest of us. So for those of you who pick and choose what YOU want to believe is or is not an alteration or restoration that needs to be disclosed, yet complain about others that don't disclose everything either, you can end up coming across to many people as nothing but hypocrites. |
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I realize there have been a lot of accusations thrown around about Brent, but none of them have been proven and much of it is quite clearly nonsense in my opinion. Again, I'll let the actual detectives sort that out. Until then, he's innocent until proven guilty in my book. I do business with PWCC because they have BY FAR the best platform available for buying and selling cards. I don't really care what conspiracy theories anyone else is into. If you think they are corrupt to high hell, then by all means, stop doing business with them. I'm not going to criticize you for it. But if you start preaching to me about why I too must sign off on your conspiracy theories and calling me "immoral" if I continue to do business with them, well then we have a problem and I'm probably going to tell you to go hump a cactus. |
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If I know I'm probably not sending it in, if I have no clue, that's what I'd pay an expert for. |
That PWCC’s trimming and fraud ring did NOT exist is the conspiracy theory, the one that flies in the face of mountains of evidence. Finally we get to the actual point, pretending PWCC is innocent and the thousands of provably trimmed cards from his buddy Gary and others, many of which Brent himself bought before trimming, are a frame up.
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I have posted this elsewhere before, but eBay's masked user ID algorithm randomizes your masked ID. BODA's method of tying sales to particular users is flawed. Saying they know a card was purchased by Moser because the buyer ID is listed as 'm***1' is a GIANT assumption. I web scraped all of PWCC's and Probstein's eBay feedback profiles and created a database of all the different user IDs that show up there (if anyone wants the data, send me a PM, I'd be happy to share it). There are countless disparate 'm***1' masked eBay IDs buying cards on eBay. In addition, the username 'garymoser123' would have 132 different permutations that eBay uses at random for their purchases (12 Permute 2 = 132). I believe at one point in time, they did use permutations of the characters in usernames for this (however, as noted below, at some point in time, at least 3+ years ago, they switched to using completely random characters for everyone). Moser purchases a card and it shows as 'm***1' today, but it's 'g***e' tomorrow and '2***y' the next day. If you don't believe me, just go to eBay and log out, then look up your own eBay purchases and see what masked IDs eBay lists you as. You'll have a different masked buyer ID for each purchase. I demonstrated this fact in another thread here regarding a shill bidding operation that I uncovered a while back (here's the link to that thread if you care to read about it: https://www.net54baseball.com/showthread.php?p=2132185). The relevant portion of those posts is that the shill bidding account I found had the numerous masked eBay IDs that all pointed to the same user account ('rywag5421') when you clicked on them (note that the revealed characters in the masked ID aren't even always present in the ID itself - in other words, they are completely random characters): y***y (357) 6***r (357) 8***0 (357) r***g (357) 1***4 (357) 5***1 (357) 3***w (357) 1***g (357) a***6 (357) 5***9 (357) 4***w (357) 0***4 (357) 1***1 (357) 4***a (357) 4***y (357) 0***1 (357) r***y (357) y***9 (357) 1***0 (357) 5***8 (357) 8***w (357) 5***2 (357) 3***a (357) g***4 (357) g***2 (357) 9***1 (357) 1***y (357) If we knew the feedback scores along with those masked IDs, that could be helpful, but most of the purchases BODA digs up were from years ago and are taken from VCP, which stores the buyers' masked eBay IDs from the corresponding sales on their website. BODA finds a trimmed card, looks up the masked IDs, then starts connecting the dots. Then they post their "findings" and it just builds and builds. Mountains of evidence built on top of completely random eBay user IDs. If you don't see how this is problematic, then I can't help you. Perhaps at one point in time eBay's masking algorithm used to be less random, using only characters from the actual user ID instead of truly random characters, but even if that were true (which it most definitely has not been true since at least the time that this case was broken wide open by BODA) then we still would have far too many disparate users with the same masked IDs to be able to narrow them down without the feedback scores, which VCP does not track. Here's what we know: thousands of trimmed cards have been sold/laundered through PWCC over the years. We know that Brent accepted consignments from Gary for a long time until he severed that relationship due to blowback (or I accept that to be true rather). But everything you think you know about which cards were bought by whom, prior to them being trimmed, is all built on the demonstrably false assumption that eBay buyer ID 'x***y' = eBayUserXYZ. And all of these accusations about Brent having bought some specific card and then Moser having trimmed it on his behalf and then resold it through PWCC are built on top of these faulty assumptions of tying random eBay IDs together in some network graph that doesn't actually exist. It reminds me of how schizophrenia often gets portrayed in movies by showing these massive network graphs with photos and news clippings all strung together with push pins and strings on walls. Don't get me wrong, I'm not saying that EVERYTHING they've uncovered is completely random nonsense. Some of it is not. There are other ways to tie some of this stuff together, and they've definitely uncovered stuff that is worth looking into further. But MUCH of what BODA and everyone who follows those threads believe to be true is in fact built upon truly random masked eBay IDs. This is one of the main reasons that I dismiss the majority of accusations about certain individuals that stem from those threads, and why I don't take people at their word when they tell me what they think I *should* know from what BODA has "uncovered". This is why I say I will wait for the results of the actual investigation from the actual detectives. The FBI can get their hands on the real underlying data behind all of these transactions, not just some random masked user IDs. Then they can begin to sort out who actually did what. But without this data, all we have are conspiracy theories. Sometimes conspiracy theories turn out to be true. But I need better evidence than "this card was bought by 'b***h' which means Brent Huigens bought it and we know he had Gary Moser trim it because this other card was bought by 'g***m' and as you can see, it was trimmed, and that's Gary Moser's masked eBay ID, and those two serial numbers are only 53 digits apart, so we know Brent bought cards for Gary to trim!" Note, this isn't a strawman depiction of the arguments made in those threads. This is quite literally how many of the arguments/connections are presented by BODA. Such arguments are complete and utter nonsense without the actual user IDs behind those completely random masked IDs. |
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There is a fair point hidden in this simping for Brent. Probability is not absolute truth. It's possible that some of the thousands are actually innocuous coincidence. That all of them are, well, it's hard being a ride or die PWCC shill these days. May we all have such strong supporters as Brent has in you.
'It's not a crime or wrong, and even if it was, he didn't do it'. I suppose the 'innocent and it's not even wrong anyways' has probably been true at some point in time for someone. Usually it's an indicator of falsehood. We know that you will not "wait for the results of the actual investigation from the actual detectives", as you were just arguing that there's nothing wrong about what he's been accused of anyways. Why do you have to defend trimming, alteration, and fraud if he's innocent? Something is not a conspiracy theory because there isn't an indictment. Just calling anything counter to ones story a conspiracy theory is lying. We all know where the mountains of evidence clearly point. We all know that, while a small number of these cards may have matched the accounts via eBay's masking randomly doing so, the odds are astronomically low that thousands of trimmed cards just all happened to magically match up. It's also completely ignoring all of the other evidence, as you well know. You know the tons of serial numbered cards all had the same serials, provably the exact same card. We all know exactly why Brent had to drop Moser after the evidence became insurmountable. If it wasn't Moser consigning his trimmings, and all of those thousands of cards weren't their fraud ring (the odds of which are beyond minuscule), Brent, of course, wouldn't have had to drop his old buddy Moser. We all know Moser (with a long hobby history of fraud and alteration) was absolutely routing his altered cards through his old buddy, many of which just coincidentally happen to match up with Brent's second eBay account. But I'm sure all of those matches are just the eBay masking coincidentally making them match. Thousands of times, over and over and over again. One could just say they don't give a crap if he ripped off a bunch of people, business is good and so they will keep doing business with that person. Conspiracy theories aren't needed. |
To me this is like arguing Seattle isn't a rainy city because some of the days counted as rainy were actually just cloudy.
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Let's back engineer what's happened here... BODA looks up Brent's known account on eBay. They find a card purchased by that account and can accurately trace it to a sale because of feedback that Brent left for that transaction. On the other party's feedback page, BODA finds Brent's exact feedback post and sees that it is attributed to masked eBay user ID 'b***h' (or whatever it is). BODA then says, "AHA! Now I know Brent's secret masked eBay user ID!!!" and then they start hunting. They scour sold listings and VCP for all purchases made by 'b***h' and then they look for matches for those cards to see if they can find any that have been trimmed. The problem is that only 1 in a million of those listings they scour are actually Brent's. These are COMPLETELY RANDOM eBay IDs. 'b***h' will be attributed to you just as often as it is to me, to Peter, and to Brent. These codes are literally assigned at random. I'm not saying Brent has never trimmed cards or that he is not involved in some sort of way whatsoever. I'm saying you cannot arrive at these conclusions using masked eBay IDs. That matters. Here's a conspiracy theory for you that I think is at least equally as likely, if not more so, as Brent being some sort of trimming operation ring leader. I think it's quite likely that the vast majority of all high-end vintage cards graded by PSA in the early days (serial numbers beginning with 0s or 1s) have been trimmed and furthermore that the graders at PSA knew about it. I'm talking *almost all of them*. I think that it's quite possible that nearly all of PSA's business in the early years came from card trimmers. They were the early super adopters, and they sent floods of cards their way. There are countless stories posted across the internet of PSA graders meeting with card trimmers at shows in the early days and discussing how to improve their alterations so that they looked as accurate as possible. I haven't seen proof of these conversations, but I do believe they most likely did occur in some form or another. I don't think PSA was ever above board until scandals started landing on their doorsteps and they found themselves under a spotlight. Out of the many thousands of cards I've seen that had serial numbers starting with a 0 or 1 and a grade of EX or better, I don't think I can ever recall a single one of them being either accurately graded or unaltered. It really is that bad. The early days of PSA were an absolute joke. How many years did they allow Moser (and other known trimmers) to continue to submit cards to them? I think that there are so many altered cards in all of these slabs that you could probably find an altered card almost half the time simply by playing 'pin the tail on the donkey' with high-end or high-grade vintage slabs. I think that you could take ANY random masked eBay user ID and find a trail of altered cards associated with that random ID. That's how widespread I think this problem is. I openly acknowledge that I have no proof of this and that it is in fact a conspiracy theory. But based on my observations, I think this is very plausible. I think everyone on this board, including myself, with high-end or high-grade vintage cards likely has a plethora of altered cards in their collections. Maybe Brent was involved in this too in the early days? I don't know. But I honestly think it's all such a mess that almost none of this shit matters anyhow. This entire hobby is absolutely FLOODED with altered cards. Literally millions of them. That's what I think. |
I cannot speak to the process of randomized scrambled user ids on eBay. When I have looked at my own as a buyer it always appears the same scrambled letters in VCP but does have different scrambled letters when viewing purchases in feedback but in all of those instances the scrambled letters are the same.
So even if the Moser id is was inaccurately attributed to the before images the cards compared clearly showed cards which were altered and sold by PWCC. If this were a nothing burger as Travis believes why is the FBI still digging into PWCC's business? Are we to believe that this is merely a witch hunt? And if so, was it not suggested that PWCC has written a bunch of checks to buy back altered cards? |
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