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<p>[QUOTE=&quot;Coinchemistry 2012, post: 2264842, member: 28107&quot;]I am not representing that any specific entity has engaged in illicit behavior or necessarily committed a tort, but I will tell you the law (both civil and criminal) and you can draw your own conclusions:</p><p><br /></p><p>Fraud is legally defined as having the following elements: (1) misrepresentation of a material fact; (2) with the intent to defraud and knowledge on the part of the accused that they were misrepresenting fact; (3) the misrepresentation was purposeful; (4) the victim believe the misrepresentation and relied upon it.&nbsp; In civil cases, it is a tort and punitive damages are available.&nbsp; Even when #2 (scienter/intent) is not there, it is constructive fraud and actionable civilly.</p><p><br /></p><p>Acquiring money by false pretenses is also a crime. Fraud is also a crime and most jurisdictions use the same elements as the civil tort, but it is tried by a &quot;beyond a reasonable doubt&quot; standard of evidence as opposed to clear and convincing evidence (or other high civil evidentiary standard - some jurisdiction use different names, but it is the same).</p><p><br /></p><p>So let&#039;s apply this to hypothetical eBay seller &quot;X&quot; (completely made up obviously).&nbsp; &quot;X&quot; repeatedly buys XF to AU coins and then whizzes them or cleans them to make them look uncirculated.&nbsp; &quot;X&quot; then uses deceptive imaging to further conceal evidence of manipulation/doctoring.&nbsp; &quot;X&quot; then sells the coins on eBay as &quot;BU&quot; knowing that the coins were altered and using misleading photographs to create the appearance that are of much higher condition and much more valuable.</p><p><br /></p><p>Looking at elements:</p><p>#1 - check - The listing represents the coin is BU and the images are made to make the coin to appear high grade</p><p><br /></p><p>#2 - check - You don&#039;t accidentally post deceptive photos and represent a coin as a higher grade</p><p><br /></p><p>#3 - check - How could characterize it as anything else?</p><p><br /></p><p>#4 - check - There are a number of clueless people who have bought duds from sellers like &quot;X&quot; only to learn that the coin is worth a mere fraction of what they paid because of gross overrepresentation.</p><p><br /></p><p>So I leave it to you; has seller &quot;X&quot; committed fraud?&nbsp; I&#039;ll let you be the judge, jury, and executioner (well maybe not the last one)...&nbsp; In my <b><u>opinion</u></b>, seller &quot;X&quot; is violating the law.</p><p><br /></p><p>And I am no saying that any specific seller is seller &quot;X.&quot;</p><p><br /></p><p>Edited: 5:16 EST to add quote I am responding to for clarity and context.[/QUOTE]</p><p><br /></p>

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