Quote:
Originally Posted by Peter_Spaeth
How do you forensically prove anything with the card in a holder? And don't you void the guarantee if you remove it? Maybe there could be some stipulated procedure but I don't know.
And I am not sure you could show a loss. The Wagner is almost universally conceded to be first sheet cut (rendering it AUTH even before Mastro) and then trimmed. It's ROI is astronomical. Who has lost any money in the scandal? You don't like your altered card, just sell it for a profit.  Duty to mitigate, remember.
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I look at that the same way I looked at my employer telling me to simply palm the fake 10 I'd taken off on someone else. (I covered the 10 and kept it. )
Can a duty to mitigate be a defense for fraud? I'm thinking no, but stuff can be weird....