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#2
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Yeah. I wonder if 99 out of 100 people on the street would say Mastro was railroaded. If so, God help us.
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#3
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To put some legal context on this, selling an item in interstate commerce knowing a material fact has been misrepresented or omitted certainly can be mail fraud and/or wire fraud. Travis' point, essentially, is that we have reached the point where the fact that a slabbed card is trimmed is no longer material. Incredibly, and sadly, he may be right. The flip is the commodity and the slab sanitizes.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#4
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If an auction house has no reason to suspect that the consignor is laundering trimmed cards through a third-party grader, then I wouldn't hold the auction house accountable. If an auction house is doing business with a known trimmer, we're getting into an ethical gray area, but there's too much uncertainty to hold the auction house accountable for individual listings. If an auction house is knowingly taking trimmed cards that were slabbed as unaltered, then they're essentially just fencing fraudulent goods. I don't think the slabs make trimming an immaterial fact; I think they just make it much harder to detect. I still think it's worthwhile to identify altered cards when possible and to pass that information along to consumers. We're probably just talking past each other, but Travis' "hobby clowns" reference gave me the impression that he sees Probstein and others as the real victims now that they've successfully flooded the market with secretly altered cards, and that left a bad taste in my mouth. |
#5
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#6
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This is the problem we're up against. Many of these cards that were identified as trimmed by BODA were reexamined by the best graders in the world, and those graders still couldn't find any physical evidence of trimming. Yes, I know you can write this off as a conspiracy and claim that it's just an obvious conflict of interest, but you'd be a fool to think that sufficiently explains away the problem. A card can indeed be trimmed and yet be completely indistinguishable from one with a factory-cut edge. This fact gets overlooked, or worse, rejected by too many people in this hobby. Yet it is the single most important truth in the entire discussion when trying to come up with solutions. I'm defending businesses like Probstein's because it's not their responsibility to police this stuff. That would be like expecting a pawn shop to have to scour the web for hours every day, checking to see if a set of golf clubs that someone brought into their shop may have been stolen property. The hobby clowns are barking up the wrong trees. Constantly. SCR is the worst.
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If it's not perfectly centered, I probably don't want it. |
#7
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The irony. PSA, whose very premise (the stated one anyhow) was to catch card doctoring, is a major player in legitimizing card doctoring. Probably the most important one. It's almost funny.
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 01-12-2024 at 06:48 PM. |
#8
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And to take that a step further, a raw card's value is determined by its ability to pass through grading, or more specifically, by whether or not it bears evidence of having been trimmed, not by whether or not it actually has been. Billy Bob can sell you a raw card at a steep discount because he believes it has been trimmed. After all, the person he bought it from told him so. Billy Bob keeps good notes and he cares about his integrity. He goes to church on Sundays AND Wednesdays. But if you resell that card, you have no obligation whatsoever to pass that information along after having it graded by a TPG. Billy Bob's opinion is irrelevant. The market doesn't care what he thinks. Also, if you think the card is less valuable because you sold it below comps after you attached a note to it that read "the guy I bought this from told me it was trimmed", despite the PSA 9 label suggesting otherwise, you'd be wrong. All you did was sell the buyer a full value PSA 9 card at a discount, effectively handing him free money by shooting yourself in the foot. You might reason that your integrity is on the line. Others might argue that it's just your ignorance on display and that you're virtue signaling and paying off someone else so you can feel better about yourself. Again, the market doesn't care. The market is a cold beast.
__________________
If it's not perfectly centered, I probably don't want it. |
#9
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Let's say we have 2 copies of the same card in the same condition, except that 1 is trimmed and 1 is not. They are sold honestly; with the small trimmed strip included alongside the rest of the card. We all know which one is worth more and will sell for more.
A trimmed card is only as valuable as an untrimmed card if a grading company doesn't catch it or corruptly grades it anyway and there is a perception that the card is unaltered or many people will believe it to be and thus can be suckered into paying more for it when the owner flips it. If I make a fake diamond and sneak my fake past an expert, it's still a fake that is worth less and I commit fraud if I sell it as original, because that is a material fact I am hiding to deceive a buyer and make more money. We don't say it is not fraud because the fraud was successful and an alleged expert was tricked. I can't think of an example where the success of a fraud scheme makes it not fraud. Tricking a corporation, or their complicity in the scheme, does not make something not fraud. I understand we have a great number of hobbyists that love fraud (at least when committed by themselves or the people they like), but this makes no sense at all. |
#10
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__________________
Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 01-12-2024 at 07:06 PM. |
#11
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If the situation was completely different, then the conclusions would be completely different. They only have the same value, as I said, if a company that people have outsourced their thinking too says it does because they are certifying it isn’t altered and is in Mint or Near Mint or whatever grade above an authentic altered that you’d like for the example. That is, if there is corruption or the grader is tricked. Again, I cannot think of an example where an alteration deceiving an authenticator or expert makes it no longer fraud. The registry collector may be fine with it - because and only because their circle and buyer market also outsources their thinking to this corporation that has certified the card is just fine and believe the false certification. . Successfully getting a dishonest item by an expert does not mean that it is not fraud. If succeeding in the crime for some time before someone catches it is grounds for it not bringing a crime, we better go open the floodgates. I’m not seeing any logical way this isn’t fraud as neither justifications makes any sense. |
#12
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__________________
If it's not perfectly centered, I probably don't want it. |
#13
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The analogy is a material fact being dishonestly presented. Change it to any exact setup you would like. |
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