NY Coin Overgrading and Lawsuit???

Discussion in 'Coin Chat' started by Silver Striker, Feb 23, 2006.

  1. Silver Striker

    Silver Striker Senior Member

    I just found this thread on e-Bay's Coin and Paper Money message forum.

    iipnd (416 ) View Listings | Report Feb-23-06 13:18 PST

    A while back we had a discussion about the criminality of consistent overgrading. At that time I referred to an article in NUMISMATIC NEWS about a case where the judge stated that such activities could result in jail time. I was challenged by Numis to produce the pertinent information about that case and try as I may, including contacting David Ganz of NN, I was unable to do so.

    Well, here it is thanks to another article by Mr Ganz in the Feb 28th issue of NN.

    The case originated in a NY District Court before Judge ]Arthur D Spatt in 2001 and was appealed to the Second Circuit Court of Appeals.

    Here is a quote from the article in NN.

    "...The appellate court quoted Spatt as saying that a reasonable jury could have found the essential elements of mail fraud based on the intentional, systematic overgrading, beyond a reasonable doubt and on that basis they affirmed the judgement of the District Court for substantially the reasons stated by the District Court in it's thorough decision"

    I rest my case!


    Here is an interesting link I just found.

    http://caselaw.lp.findlaw.com/data2/circs/2nd/031141p.pdf

    And here, I believe, is the affirmation to that case.

    http://www.k6az.com/forums/031141p.pdf

    I wonder if it's the same story.

    If this worked. I hope it won't be too long before SGS and others are taken to task.

    BTW, Just browsing today and notice ABONCOM has approximately 250 active auctions on both Yahoo and Overstock. YECH!
     
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