Mastro and Allen Indicted

[calvindog]

Ok, everyone relax. I saw the email from Legendary. It didn't explain anything regarding the indictments of its top executives for shill bidding -- but it did invite bidders to make maximum, online proxy bids for its live auction this week.

I love America!!!

[base_ball]

Craig "Proxy" Helling?

[T206Collector]

Golden Balls Auction:

http://www.legendaryauctions.com/Lot...px?lotid=34377

What do we make of the red text at the top of the auction description? Does it help their case?

Elvis Hair Auction:

Also, with respect to the Elvis hair, what do we make of the note in the letter of authentication that "it is my opinion that short of comparing mitochondrial DNA with that of known Presley relatives, the hair in the bag is also authentic."

http://www.legendaryauctions.com/Lot...px?lotid=88257


Can Mastro/Legendary successfully shield themselves from liability by putting (albeit weak) disclaimers and conditional lines in their auctions and/or letters of authenticity?

My prediction is pleas of guilty from all involved, but no jail time -- only probation.

[Peter_Spaeth]

Paul, in my judgment if a seller omits material information that casts doubt on an item's authenticity, a disclaimer doesn't protect it against a fraud claim.

[T206Collector]

I think the (albeit weak) conditions and disclaimers will go to whether the auction house made any "false" representations. Here's the lingo for mail fraud. 18 U.S.C. § 1341 provides:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

I'll revise my initial prediction of probation, to include a substantial monetary fine and, of course, restitution. But, I'm still going to say no jail time. I also think Legendary Auctions will survive this particular blow.

[calvindog]

Paul, I'll take that action all day.

[T206Collector]

Even Alfred Taubman, convicted Sotheby's price-fixer, was sentenced to just a year and a day in prison -- though he was fined $7.5 million. And how about Diane "DeDe Brooks" who did 6 months house arrest? Do we think what they did was better or worse? And when did Sotheby's go out of business exactly?





A Taubman's Bidder End. Sotheby's Big Prison-Bound as Appeal is Nixed, John Lehmann, New York Post, 07/26/2002, p. 16.
The Post reported here that "Convicted Sotheby's price-fixer Alfred Taubman has consigned himself to becoming a multimillionaire inmate next week after his appeal was thrown out yesterday."

A three-judge appeals panel in Manhattan heard his appeal and ruled that any errors in his price-fixing trial were "harmless."

Mr. Taubman was sentenced to a year and a day in prison and fined $7.5 million. Apparently the extra day made the sentence just long enough to qualify for early release.

At the hearing before the appeals panel, Mr. Taubman's lawyers brought yet another name to the attention of the public. They accused another ex-Sotheby's board member, Lord Thomas Camoys, of conspiring with Christie's chief Sir Anthony Tennant in April 1995.

Mr. Taubman's lawyers also objected to a quotation used by the prosecution in summing up the case to the jury. The quote was from the economic classic, "The Wealth of Nations" written by the 18th-century economist Adam Smith. The quote said, "People in the same trade seldom meet together even for merriment or diversion, but the conversation ends in a conspiracy against the public and in some contrivance to raise prices."

The Post then reported that in their decision not to grant the appeal, the Court ruled that the government had relied on 'the overwhelming direct evidence of Taubman's knowledge of and participation in the conspiracy."

* * *

Sotheby's Convict is Sprung, Adam Miller, New York Post, 11/10/2002.
Mr. Miller wrote here that "Disgraced auction empress Diana 'DeDe' Brooks laid low yesterday, a day after she completed her six months of house arrest for her role in a price-fixing scheme."

He explained that the former president of Sotheby's was sentenced earlier in the year after pleading guilty to fixing commissions and fees with rival art auction house, Christie's, and testifying against Alfred Taubman, her boss, who was sentenced to a year and a day for his role in the conspiracy.

He also wrote that "the deposed auction queen" also received three years probation, a $350,000 fine and 1,000 hours of community sentence and that the judge called her "a thief and a convict."

[Peter_Spaeth]

Failure to disclose a known material fact is a textbook definition of civil fraud. In the face of that, a disclaimer is useless. Is this somehow different under the criminal mail and wire fraud statutes? I doubt it. It certainly sounds like "false pretenses" to me.

[calvindog]

Originally Posted by T206Collector

Even Alfred Taubman, convicted Sotheby's price-fixer, was sentenced to just a year and a day in prison -- though he was fined $7.5 million. And how about Diane "DeDe Brooks" who did 6 months house arrest? Do we think what they did was better or worse? And when did Sotheby's go out of business exactly?





A Taubman's Bidder End. Sotheby's Big Prison-Bound as Appeal is Nixed, John Lehmann, New York Post, 07/26/2002, p. 16.
The Post reported here that "Convicted Sotheby's price-fixer Alfred Taubman has consigned himself to becoming a multimillionaire inmate next week after his appeal was thrown out yesterday."

A three-judge appeals panel in Manhattan heard his appeal and ruled that any errors in his price-fixing trial were "harmless."

Mr. Taubman was sentenced to a year and a day in prison and fined $7.5 million. Apparently the extra day made the sentence just long enough to qualify for early release.

At the hearing before the appeals panel, Mr. Taubman's lawyers brought yet another name to the attention of the public. They accused another ex-Sotheby's board member, Lord Thomas Camoys, of conspiring with Christie's chief Sir Anthony Tennant in April 1995.

Mr. Taubman's lawyers also objected to a quotation used by the prosecution in summing up the case to the jury. The quote was from the economic classic, "The Wealth of Nations" written by the 18th-century economist Adam Smith. The quote said, "People in the same trade seldom meet together even for merriment or diversion, but the conversation ends in a conspiracy against the public and in some contrivance to raise prices."

The Post then reported that in their decision not to grant the appeal, the Court ruled that the government had relied on 'the overwhelming direct evidence of Taubman's knowledge of and participation in the conspiracy."

* * *

Sotheby's Convict is Sprung, Adam Miller, New York Post, 11/10/2002.
Mr. Miller wrote here that "Disgraced auction empress Diana 'DeDe' Brooks laid low yesterday, a day after she completed her six months of house arrest for her role in a price-fixing scheme."

He explained that the former president of Sotheby's was sentenced earlier in the year after pleading guilty to fixing commissions and fees with rival art auction house, Christie's, and testifying against Alfred Taubman, her boss, who was sentenced to a year and a day for his role in the conspiracy.

He also wrote that "the deposed auction queen" also received three years probation, a $350,000 fine and 1,000 hours of community sentence and that the judge called her "a thief and a convict."

Again, I'll take that action all day and night.