John Rogers Home and Business Searched by the FBI

[Peter_Spaeth]

Originally Posted by Leon

Precisely, because it is an "opinion" it's very difficult to prosecute, I believe.

If it's a fraudulent opinion it's still fraud. If I know an item is not genuine, it makes no difference if I say "it's genuine" or "in my opinion, it's genuine."

[Leon]

Originally Posted by Peter_Spaeth

If it's a fraudulent opinion it's still fraud. If I know an item is not genuine, it makes no difference if I say "it's genuine" or "in my opinion, it's genuine."

Sure, all you have to do is prove it's a fraudulent opinion, no problem.

[Peter_Spaeth]

Originally Posted by Leon

Sure, all you have to do is prove it's a fraudulent opinion, no problem.

And how is that any harder or easier than proving a statement of fact was made with knowledge it was false?

[Leon]

Originally Posted by Peter_Spaeth

And how is that any harder or easier than proving a statement of fact was made with knowledge it was false?

You're the one saying how easy it is, not me. And I am telling you that I have been told by the people actually doing the work that it's not easy. If it was then CC would be in hot water....(and maybe they are, I don't know)

[Peter_Spaeth]

Originally Posted by Leon

You're the one saying how easy it is, not me. And I am telling you that I have been told by the people actually doing the work that it's not easy. If it was then CC would be in hot water....

I never said it was easy. I am saying that the language they use is not the reason it's hard, but rather that it's hard to prove a fraudulent state of mind.

[slidekellyslide]

Originally Posted by Peter_Spaeth

I never said it was easy. I am saying that the language they use is not the reason it's hard, but rather that it's hard to prove a fraudulent state of mind.

Plus, the odds of getting a jury that knows anything at all about autographs is not good...Mr Morales taking the stand with his "FBI background in forensics" would probably make the average jury member star struck.

[thetruthisoutthere]

Originally Posted by slidekellyslide

Plus, the odds of getting a jury that knows anything at all about autographs is not good...Mr Morales taking the stand with his "FBI background in forensics" would probably make the average jury member star struck.

A thread I did on Chris "I Never Saw An Autograph I Didn't Like" Morales.

http://live.autographmagazine.com/pr...pears-in-court

[Leon]

Originally Posted by Peter_Spaeth

I never said it was easy. I am saying that the language they use is not the reason it's hard, but rather that it's hard to prove a fraudulent state of mind.

I don't know about that. I think if you read one of CC's LOA's you would find a lot of verbiage making them not liable for their opinion. I haven't read one but I would bet they are pretty good at denying culpability.....

[slidekellyslide]

Originally Posted by Leon

I don't know about that. I think if you read one of CC's LOA's you would find a lot of verbiage making them not liable for their opinion. I haven't read one but I would bet they are pretty good at denying culpability.....

I think it's quite obvious that as long as they've been running their bogus operation and the FBI hasn't already shut them down that it's been deemed not an easy task.

[Peter_Spaeth]

Originally Posted by Leon

I don't know about that. I think if you read one of CC's LOA's you would find a lot of verbiage making them not liable for their opinion. I haven't read one but I would bet they are pretty good at denying culpability.....

That's another issue. I haven't seen one either so can't comment.

[steve B]

Originally Posted by Peter_Spaeth

If it's a fraudulent opinion it's still fraud. If I know an item is not genuine, it makes no difference if I say "it's genuine" or "in my opinion, it's genuine."

As a serious question, rather than an argument type question.

With something like an autograph opinion is there no leeway for incompetence?
I could express an opinion about an autograph, and put it in writing. But aside from a handful of items I own, all cheap I'd be likely to be wrong. (Unless I'm sure it's bad because the item is too new to have been signed by that person)
So If I claimed something was good and it became an issue a lack of knowledge or skill wouldn't help?

I realize there's also a difference between someone Doing that as a business and someone selling random stuff.
Just like claiming incompetence wouldn't help if I fixed something wrong and someone got hurt.

Steve B

[Peter_Spaeth]

In a private suit if I were defending you, I would claim that because you were not holding yourself out as an expert, the plaintiff was not entitled to reasonably rely on your "opinion" or that it was not material.