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#1
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http://www.flickr.com/photos/calvindog/sets |
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Leon Luckey www.luckeycards.com |
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I do a lot of fraud cases. By virtue of the area in which I practice, I have a fraud count in at least half my cases. You always plead the who, what, when, where and why as specifically as possible to avoid motions to dismiss. That's just the way it is.
If my goal was to remain a low profile collector, I probably wouldn't be happy either. Unfortunately, when you become involved in an alleged fraudulent scheme, wittingly or unwittingly, that goal ends up being subordinate to the more important goal of facilitating the truth-finding process. And, as Jeff mentioned earlier, pleadings are open to the media unless there is a pretty compelling reason to seal them. The pleadings aren't evidence, they're just allegations. Either a judge or a jury will sort them out later. Kenny Cole Last edited by Kenny Cole; 09-24-2010 at 05:35 PM. |
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Ah, the mindset of a rapacious plaintiff's lawyer (redundant, I know).
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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; 09-24-2010 at 05:43 PM. |
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Hell, its you damn defense lawyers that are always trying to either hide or excuse their client's fraud. We're just trying to expose what y'all are hired to confuse, conceal, or otherwise try to justify.
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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/ |
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LOL, I bet. But you get paid either way. I only get paid if I win.
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All of these funny lawyer jokes are making me a bit dizzy. Can we get some other type of humor in this thread? Perhaps, some dentist jargon?
Here is my small contribution... binary clock.jpg In my line of work, that is funny! Lovely Day... |
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Peter, I agree. While I too understand that fraud must be pled with particularity, I have a hard time seeing dismissal of a count that identifies the sale of a T210 Joe Jackson at a certain date and price to a "prominent collector". Can't see the Defendant (or counter-defendant here) arguing to the judge with a straight face that he doesn't know what transaction is at issue.
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Todd,
You go ahead and take that risk. I think I'll plead everything I think I know so that if I draw a judge who thinks the "who" is important, I've given him the information. I'm sort of a better safe than sorry guy. ![]() Kenny |
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....especially after the Court had ordered the pleadings to include more particulars.....
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http://www.flickr.com/photos/calvindog/sets Last edited by calvindog; 09-24-2010 at 06:34 PM. Reason: woops. damn civil lawyers. |
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I was sorry to see Pete Calderon's name pop up in the article. Damn shame, Pete's a really nice guy who has brought a lot to the hobby and has been very personable and kind.
Last edited by tbob; 09-24-2010 at 07:06 PM. |
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