Memory Lane sold cards they didn't have per SCD

[gunboat82]

Originally Posted by sportscardpete

This doesn’t make sense, why would ML keep an auction running if the items were stolen? Something doesn’t add up.

Originally Posted by Casey2296

I'm not sure how else would you establish insurance value?

Originally Posted by calvindog

Correct

Originally Posted by Rhotchkiss

I received a call after Sunday night (a day after auction ended) telling me that a box of cards had been stolen. First, I was assured that I will be paid out 100%, on the final value of the auction, which I have no doubt will happen, whether insurance covers it or not (and I am sure they will). Second, I was told the auction had to continue in order to establish the fair market value of the cards, otherwise, how does anyone establish the value/hammer price. Third, I was told anyone who won a stolen card will be given the option, but not obligation, to buy the card at the hammer price + BP if they are found. Plus, they are optimistic the cards will be found.

A few other things:

1. The cards were stolen, not lost or misplaced. The cards got to their intended destination, were signed for and stored, and then taken. As far as I can tell, ML has done nothing wrong or irresponsible.

2. It sucks for the buyers, but they are out no money, only expectations. They may have missed out on another card, but they are in no worse position than before the auction started. The bigger issue would have been how much do you pay the consignors? Do you guess, do you just settle, do you litigate? Running the auction, which I am sure was done at the advice of both counsel and insurance, to establish value is certainly the best path with the least damage given the crappy situation that’s nobody’s fault. There is no winning answer under these circumstances. It sucks, millions $$ of cards got stolen and ML is on the hook. No bueno all around

3. ML owes me a lot of money. I have complete confidence I will get every dime (and have proactively been assured numerous times of that and I will get paid before insurance ever kicks in). I do not blame ML for this and I think they are doing all the right things under real crappy circumstances. I think it sucks balls for the collecting community bc the cards may be gone from the hobby forever. Hopefully the turn up.

Originally Posted by Leon

What does that mean? There is no con. ML had to do what they had to do and no doubt they took advice from counsel as well as others. There is a possiblity of the cards being recovered. It sucks for everyone involved. Hopefully, the cards will eventually be returned. Most of our pre war cards are like fingerprints, so there is a possibilty......
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Originally Posted by 4815162342

+1

Originally Posted by Rhotchkiss

+2 (coming from the consignor with the most to lose and a bidder who won a very rare and expensive card that will almost certainly not come up again for sale for many years).

The people most impacted understand and are satisfied with how ML is handing it. The situation sucks and is unfortunate, but there is no perfect answer. That said, I am sure that ML proceeded on the advice of counsel, the insurance company, the cops, etc.

It looks like it started with affirmation from a lawyer that running the auction without disclosing that the items were stolen was the best way to establish insurance value, and then Ryan drove it home by stating that consignors are the only real stakeholders, and that running the auction without the cards in hand was the best way to make sure consignors get a reasonable appraisal for insurance purposes.