Ashamed - Topps T206 Buy Back Fraud

[DerekMichael]

Originally Posted by Leon

No need to apologize and you aren't being nosey. This fraud seems to have affected a lot of board members and other hobbyists. As I stated, I think all or most of the cards he was currently putting in those holders were already AUT, so that means yes they were altered. I don't know if he was doing serious alterations to them or not. I don't think i saw anything but cleaning but that doesn't mean anything ....

.

Thank you for providing us with the current information and answering my questions. I appreciate it. Hopefully as time passes we will learn the full scope of what took place. Lets hope that the amount of these that were sold is small and that everyone can be made whole.

[bobbyw8469]

Originally Posted by DerekMichael

Thank you for providing us with the current information and answering my questions. I appreciate it. Hopefully as time passes we will learn the full scope of what took place. Lets hope that the amount of these that were sold is small and that everyone can be made whole.

Over a 10 year period?? I highly doubt it was "small". I think you would be amazed at the number out there.

[rdixon1208]

Buy the card not the holder

[iwantitiwinit]

Given the lack of communication from Larry this thread might be more aptly named..."not really that ashamed".

[Leon]

Originally Posted by iwantitiwinit

Given the lack of communication from Larry this thread might be more aptly named..."not really that ashamed".

At 930pm last night he was banned so can't post anymore. OF course if he wants to and gets ahold of me I will let him. But for now he is no longer on our board.

.

[ramram]

I would suspect he hit the silence button because, lawyers help me out here, does that not constitute mail fraud?

[bobbyw8469]

Originally Posted by ramram

I would suspect he hit the silence button because, lawyers help me out here, does that not constitute mail fraud?

Who knows...I am sure he infringed on a few peoples toes. But yes, the mail fraud thing is huge, and I would think messing with Topps brand is huge also.

[Bliggity]

Originally Posted by ramram

I would suspect he hit the silence button because, lawyers help me out here, does that not constitute mail fraud?

Can't speak for other jurisdictions, but each individual incident would be a felony charge in the state where I practice (NC). Would also be a felony under federal law.

[Il Padrino]

Originally Posted by ramram

I would suspect he hit the silence button because, lawyers help me out here, does that not constitute mail fraud?

Mail Fraud = Yes
Copyright Infringement and Fraud = Yes and I'm sure Ebay has been notified.
Interstate Fraud = Yes
Wire Fraud = Yes
etc.
etc.
etc.
--------------------
Mail

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 Presidential 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.

Wire

18 U.S.C. § 1343 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, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Honest services

18 U.S.C. § 1346 provides: For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

Elements

There are three elements to mail and wire fraud:

Intent;
A "scheme or artifice to defraud" or the obtaining of property by fraud; and,
A mail or wire communication.

To be fraudulent, a misrepresentation must be material.

Mail fraud applies only to United States domestic mailings and use of interstate carriers (UPS, FedEx) which must originate in one state, and successfully terminate pursuant to the address label inside another state, a transportation that is termed "interstate" (over which Congress has power to regulate) and does require that the mailing cross at least one state line into another state; wire fraud has been expanded by Congress to include foreign wire communication or interstate connections via (e.g.) an e-mail server or telephone switch or radio communication.