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<p>[QUOTE="Coinchemistry 2012, post: 2116262, member: 28107"]The HPA only looks at the civil end. And unless specifically authorized by the HPA, then there is nothing that should preclude 18 U.S.C. Section 489 from applying. Repeal by implication is not favored. </p><p><br /></p><p>On another note, there is arguably a statutory conflict between the HPA and 18 U.S.C. 489 insofar as HPA authorized pieces are concerned. For HPA authorized pieces, there would be repeal by implication in order to provide effect to both statutes. But that would also conflict with the provisions of the HPA which state that it is not meant to limit the scope or remedy of any other statutes. I have always found this very interesting. With that said, unless expressly authorized by the HPA, there is no provision of law that I am aware of that would otherwise save the pieces from the broad, sweeping provisions cited in Title 18. This is the argument that I have been engaging in with Dan Carr on other forums for some time now, granted with additional caveats not applicable here.[/QUOTE]</p><p><br /></p>
[QUOTE="Coinchemistry 2012, post: 2116262, member: 28107"]The HPA only looks at the civil end. And unless specifically authorized by the HPA, then there is nothing that should preclude 18 U.S.C. Section 489 from applying. Repeal by implication is not favored. On another note, there is arguably a statutory conflict between the HPA and 18 U.S.C. 489 insofar as HPA authorized pieces are concerned. For HPA authorized pieces, there would be repeal by implication in order to provide effect to both statutes. But that would also conflict with the provisions of the HPA which state that it is not meant to limit the scope or remedy of any other statutes. I have always found this very interesting. With that said, unless expressly authorized by the HPA, there is no provision of law that I am aware of that would otherwise save the pieces from the broad, sweeping provisions cited in Title 18. This is the argument that I have been engaging in with Dan Carr on other forums for some time now, granted with additional caveats not applicable here.[/QUOTE]
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