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Posted By: davidcycleback

As noted earlier, what matters is whether the sales description matches the identity. It isn't fraud if you are selling something that is accurately described. Just as aren't libeling someone if what you say is true. If the description and item match, past opinions will usually be irrelevant. If the description and identity don't match, then suppressed official opinions that say they don't match are significant information if fraud is alleged.

Exceptions are when law requires disclosure or where disclosure is legitimately important to most buyers. Ala, saying 'don't bother sending the Jordan shirt to MEARS as they won't give an LOA for it.' As many buyers plan on getting a MEARS LOA, this info is important. Also, that MEARS didn't authenticate, is relevant information that would impact potential buyers' bids. Again, the problem with the Jordan jersey comes down to its authenticity. If the jersey is authentic and has letter of provenance from Dean Smith, lack of disclosure would be less significant. It's that the authenticity is now question that makes the lack of disclosure significant.

I don't see proof of fraud by Mastro. All collectors disagree with authentication and grading companies at one time or other, so dismissing an expert's opinion doesn't in and of itself prove malicious intent. That Mastro may have been wrong and MEARS right still doesn't prove fraud.