Posted By:
Jon CanfieldDJ - I'm in complete agreement... but - couple things I want to point out...
According to Black's legal dictionary, fraud is "[a] knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment." I should note I pointed the fact that this card was not William Powell out to the seller 3 or 4 days before the auction's end and no amendment or mention to this was made. Although this is not meant to be a legal discussion, I would certainly argue that the seller concealed a material fact (that the card is of Jack Powell, not William - which he or she had notice of) in order to induce a purchaser to act to his or her detriment, ie: purchasing the card of Jack Powell, believing it was William and signed by William. I feel an argument could be made that this is fraudulent behavior...
Now, all that aside, I actually don't believe that I ever called what the seller was doing fraud or fraudulent. I did say Leon might want to bring this to the attention of his fraud guy (who I believe is Leon's contact at eBay who deals with fraudulent and misleading baseball auctions and is from the fraud department). Poor descriptive term for the eBay guy on my part i guess. Bottom line is we agree - misleading (at the least) and meant only as a warning to potential bidders who were reading the thread and possibly thinking of acquiring a signed t206.