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  #1  
Old 11-30-2009, 02:49 PM
danmckee danmckee is offline
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oh, and the proper authorities never considered the theft a crime so giving it to any law enforcement makes no sense.
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  #2  
Old 11-30-2009, 03:05 PM
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Quote:
Originally Posted by danmckee View Post
oh, and the proper authorities never considered the theft a crime so giving it to any law enforcement makes no sense.
uh, ok....I believe ya' Dan but last time I checked most (all) thefts were crimes. Where are our board lawyers when ya need 'em?
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  #3  
Old 11-30-2009, 03:16 PM
Rob D. Rob D. is offline
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Where are our board lawyers when ya need 'em?
Probably sitting back and chuckling over all of the speculation and interpretations of the law based on assumptions and limited information.
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  #4  
Old 11-30-2009, 03:21 PM
danmckee danmckee is offline
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Actually one board member helped a bunch in the beginning. Adam Warshaw once again came to the aid of a collector but there wasn't much he could do. Law enforcement was contacted and said no crime was committed, Adam can vouch for this. So keep chuckling. Dan.
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  #5  
Old 11-30-2009, 03:36 PM
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What were the circumstances of the theft?
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  #6  
Old 11-30-2009, 03:50 PM
vintagewhitesox vintagewhitesox is offline
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Quote:
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Probably sitting back and chuckling over all of the speculation and interpretations of the law based on assumptions and limited information.
That's what I was doing


Wait, so when is a theft not a crime?
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  #7  
Old 11-30-2009, 03:53 PM
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Wait, so when is a theft not a crime?


When the authorities decide not to prosecute.
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  #8  
Old 11-30-2009, 04:12 PM
vintagewhitesox vintagewhitesox is offline
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Deciding not to prosecute just means you wont face the criminal justice system and risk the possibility of being found guilty. The actual act of taking property that you do not rightfully own is still a crime.
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  #9  
Old 11-30-2009, 04:26 PM
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From a practical standpoint I guess the Auction House did the right thing but...

I will first have to presume that he checked with the consignor and got his approval and if not...

The prudent thing would be to file an interpleader action joining Dan and the consignor as Defendants and let the Court figure it out.
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  #10  
Old 11-30-2009, 04:30 PM
pwilk17 pwilk17 is offline
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Default Question for Dan

You said that this is a happy ending to a recent theft. Do you think the innocent consignor of the card (who now is out $ - perhaps many $) thinks that this is a happy ending?
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