Message:

<p>[QUOTE=&quot;Sallent, post: 2793653, member: 76194&quot;]As a legal professional I have to disagree with that other attorney. You&#039;d be surprised what people will write down. I&#039;ve had cases made 50x easier when the Defendant sent texts or email to my client acknowledging their wrongdoing in detail and promising to pay. But then again, I deal with the little people and not massive corporations. Maybe at the corporate level things are different.</p><p><br /></p><p>Now, I don&#039;t practice in Federal Court, so my knowledge of the Sherman Act is limited, but if I remember correctly from my days in law school, I think the Sherman Act only applies to businesses, enterprises, and corporations, and not to private individuals, and it definitely only applies to interstate and cross-border trade. So at least in one of those two things you&#039;d be safe, probvided the people agreeing to do these activities at auctions are not dealers of some sort. It could still be unethical, but probably not a federal crime.</p><p><br /></p><p>However, I think your local coin show is safe as even if the coin used the instrumentalities of interstate commerce to get there in the first place, the act is so remote from the potentially criminal activity (ie. you didn&#039;t speial order the coin from out of state, but rather showed up to a local show to buy a coin that is just going to sit idly in your safety deposit box), that the Sherman Act should not apply. Besides, the activity seeking to be regulated clearly falls within the 10th Amendment powers delegated to the states, and in light of <b>United States v. Lopez, 514 U.S. 549 (1995)</b>, I would argue that there are not substantial contacts between the act and interstate commerce, and it is the type of activity that falls within the law and order powers delegated to the States. *Check your local laws though.</p><p><br /></p><p>* This oppinion is made as a private individual not acting in his professional capacity, and should not be construed as legal advise or an offer of representation. You should seek the advise of an attorney licensed to practice in your jurisdiction before engaging in any of the activities given as examples in this post. If you choose to engage in the above mentioned activities, you hereby aknowledge you and your estate do so at your own risk and agree to hold the poster harmless from any and all of the consequences of said activities.[/QUOTE]</p><p><br /></p>

Your name or email address:

Do you already have an account?

• No, create an account now.
• Yes, my password is:
• Forgot your password?

Stay logged in