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Old 03-03-2005, 08:49 PM
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Default A question of credibility (Bushing's Degree)

Posted By: Kenny Cole

Misrepresenting (a nice middle ground term between "lying" and "exaggerating") one's CV was the only thing that had occurred. Probably wouldn't, but I might. I'd have to think about it some more.

But I don't have that problem. That isn't the only issue that reflects on Mr. Bushing's credibility. There's also that pesky authenticating/selling what you own without disclosure issue that has been raised a time or two. Perhaps its just me, and perhaps I am just jaded, but I view the two issues as interconnected.

Where I practice, the non-disclosure of a material fact related to a transaction is viewed as a species of fraud. In my opinion, failing to disclose ownership of an item which you have also authenticated is material to a transaction. In that situation, I don't think it can even be seriously argued that no financial interest exists on the part of the owner/authenticator.

As best as I can tell, there really isn't too much question that the bat at issue was owned by the same person who authenticated it. Nor does there seem to be too much question that there was nondisclosure of those two facts. If you view things differently, so be it. BTW, are you an insurance defense lawyer? Perhaps that would explain our differing perspectives.

When you start with non-disclosure of an ownership interest in the item you are authenticating AND selling, and you then add on misrepresentation of the purported credentials of the authenticator, that causes me a large degree of heartburn. The fact that the authenticator is pimped as being the "best" at what he does simply makes it worse. I think I'll stick with cards. That way, at least most of the time I'll (hopefully) be able to figure out when I'm being lied to. At this juncture, I suppose that's all I can ask.

Kenny Cole

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