[OhioLawyerF5]

Originally Posted by Mark17

The word "cleaning" needs to be better defined to make any sense in determining if it necessitates disclosure. For instance, if I have a stack of cards that sits on a shelf for a couple years, then decide to sell them, I may have to wipe a thin layer of dust off the top card. Technically, that's cleaning it. Does that need to be disclosed at risk of committing a criminal act?



The natural state of the Topps cards I collected in the 1960s came in wax packs. Sometimes the gum was lightly stuck to a card, and I altered that original, from-the-factory natural state by separating the gum from the card.

Often, powdered sugar residue might be in a card, and I'd wipe it off. If there was wax residue on a card back it left a stain and there wasn't much I could do, but if it was on the glossy side, I removed wax by rubbing it with a cloth.



It's a slippery slope, which is why I say the word "cleaning" is much too ambiguous.

That's why the elements of the offense are altering an item with intent to defraud. That's the key. If they can prove your intent to defraud, it's a crime. Intent to defraud can be proven with many types of evidence, but is generally a question of fact for the jury to decide.