I’ve said this before. Carr seems to have brains. I seriously doubt he would have started the venture — with the required capital — without first obtaining some able legal advice.
No one has ever taken that position. Many of his supporters take the position that his works are legal unless adjudicated otherwise which is equally wrong. For instance a drug dealer making synthetic fentanyl and selling it to high school students may evade prosecution, but his conduct is unequivocally illegal regardless of a lack of prosecution. A judge merely declares what the law always was and is.
Completely false equivalence. You aren't even in the same hemisphere with something that far off. Dealing/making/selling/distributing illegal drugs especially something like fentanyl is 100 percent illegal no doubt about it and many places has escalations for selling to kids or if it was at a high school so on and so forth. Someone making a numismatic product out in the open where some of you WISH/FEEL should be illegal when the prosecutors office has been made aware, the ANA has dismissed a claim, and none of you will put your own money up to sue him and try isn't even remotely close.
Nice try but there is a Big difference. If the Police new that this so called guy was making the drug. The detective would with out a doubt turn it over to the prosecutor. The guy would be prosecuted, raided and thrown in jail.
Maybe the example was a little extreme, but there are plenty of instances where criminal conduct is overlooked. Prosecutorial discretion is real including to ignore smaller violators is not unheard of. That is the point. Maybe white collar crime is a better example. Many federal district attorneys will not prosecute cases with damages under $100k and some as high as $1 million before a prosecution is likely to result.
Not a little extreme, it was no where close to being equivalent. The real point is feelings are not facts and so many people have been trying to play this "discretion" nonsense for years because you FEEL differently
They can't. They lack a little thing called legal standing. Theoretically someone who WAS sitting on a "real" 1964-D Peace dollar could possibly have legal standing, but we know how badly THAT would end for such a person.
I am not equating his actions to a drug dealer. I am using an analogy. There is a big difference. I am saying that there are plenty of people who commit crimes that are never prosecuted for various reasons. This does not make their actions inherently legal. The argument you and others proffer is that a lack of prosecution thus far conclusively determines the legality. That is not even close to accurate. There are a number of reasons to decline prosecution even if a technical violation has occurred. Don't take my word for it: https://www.justice.gov/jm/jm-9-27000-principles-federal-prosecution
Maybe in the Southern District of New York, but Denver isn't exactly over-run with work, with all those dope cases they're not doing.
They technically could if they bought one of the overstikes directly from him. They of course would then have a huge uphill battle especially since the ANA dismissed the complaint but if they believe it so strongly why not go for it.
Not for a criminal action, but the Hobby Protection Act (a civil statute which addresses counterfeits, unmarked reproductions, etc.) does allow for private enforcement. I think that is what Baseball is referencing. The problem is that federal litigation, especially across state lines, is expensive. So far no one has cared enough to spend five figures of their own money to try or spend hours litigating in court to do their own work. Regardless of the disposition, there would be almost certainly be an appeal. Printing costs for appellate briefs and appendix can run into hundreds of dollars alone easily.
In this case it is accurate. Many complaints have been made against him. But too many people watched Law and Order a few times and think their feelings matter in terms of the law
"In determining whether there exists an adequate, non-criminal alternative to prosecution, the attorney for the government should consider all relevant factors, including: The sanctions or other measures available under the alternative means of disposition; The likelihood that an effective sanction will be imposed; and The effect of non-criminal disposition on federal law enforcement interests. Comment. When a person has committed a federal offense, it is important that the law respond promptly, fairly, and effectively. This does not mean, however, that a criminal prosecution must be commenced. In recognition of the fact that resort to the criminal process is not necessarily the only appropriate response to serious forms of antisocial activity, Congress and state legislatures have provided civil and administrative remedies for many types of conduct that may also be subject to criminal sanction. Examples of such non-criminal approaches include civil tax proceedings; civil actions under the False Claims Act or other statutory causes of action for false or fraudulent claims; civil actions under the securities, customs, antitrust, or other regulatory laws; administrative suspension and debarment or exclusion proceedings; and reference of complaints to licensing authorities or to professional organizations such as bar associations. Another potentially useful alternative to prosecution in some cases is pretrial diversion." Just how many years do we need Dan to keep working before the "importance" is violated? As for civil sanctions, see "laches".
I'm not getting sucked into this cluster anymore. Thanks for making my point for me. As I maintained all along and the only position I have taken in this thread: The fact that his stuff is still made and peddled does not conclusively establish its legality. I'm done.