Quote:
Originally Posted by Peter_Spaeth
There you go again trying to ski that slope. If law enforcement understands the hobby largely views scrapbook removal as legitimate, they won't prosecute, end of story. Laws are always bounded by discretion and common sense. In more technical terms, they would determine they could not prove concealment of a MATERIAL fact.
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So would it be fair for me to state your argument as being that it is a material fact that trimming a card for profit is tantamount to fraud because the vast majority of the hobby views it as such? But that other forms of "alteration" (be it cleaning, flattening out a bent corner, polishing a surface, soaking, etc.) are less clear and thus may not amount to being considered fraud as they do not reasonably meet the requirement of being a material fact since there appears to be a much wider spectrum of viewpoints on the matter?
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.