Posted By:
davidcyclebackIt should be noted that omission of known facts doesn't save your skin legally. Saying "I never said it was old" when you made it and knew it was modern won't wash in court. If you know its modern, you are being deceptive by not mentioning that fact which everyone (buyer, seller and judge) knows is important with an antique, and can be convicted for fraud because of the omission.
Forgers often think that if 'technically they never said it was an original,' they will escape legal trouble, but that's often not the case. If convicted, they are convicted for withholding information from the buyer. Sure, the forger might not of said it was a vintage original, but the judge will rule he was required to tell the buyer it was a modern reprint. If someone finds a forgery he may not know its age or what it is, but when the seller is the maker of item he is responsible for full disclosure of the item's identity. Conscious omission of essential information will be classified as lying, lying by omission.
More than one currency forger probably said something similar to, "I never said it was a real $20 bill. I simply handed it to the woman and she accepted it. It's not my responsibility that she accepted it. If she said she didn't like it, I would have taken it it back."
-- Judge: "Interesting story. Ten years."