06-14-2018, 03:54 PM | #16 |
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That's disappointing. I'm not sure how someone is supposed to not jump on a deal.
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06-14-2018, 05:20 PM | #17 | |
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06-14-2018, 05:25 PM | #18 |
Professor of Law
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The statutory notes literally use the phrase "too good to be true." I mean, really, brand new for an 80% discount on a gray website should make one wonder. The law is designed to keep pawn shops from being fences, but it applies to all.
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06-14-2018, 05:28 PM | #19 |
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06-14-2018, 05:35 PM | #20 |
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I wasn't aware it was "brand new" but wondering isn't the same as knowing. I realize that my opinion and that of the courts often differ but lack of specific criminal intent should factor in positively. "They should have known better" shouldn't be cause to find someone guilty. IMO.
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06-14-2018, 06:07 PM | #21 |
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Back around 1980, when gold was at $800.00 a Troy Ounce, a friend of mine was a witness for the defense in just such a case. The Jeweler made a deal with department stores in the region. He would set up and heavily advertise that the store was buying gold. He made a killing and local authorities charged him with buying stolen merchandise. They claimed that at the low amounts he was paying he should have known that some of the merchandise was stolen. My friend was able to show that the low prices paid for the jewelry was actually a nation wide industry standard. The jury found the jeweler innocent. Even today most pawn shops and jewelry stores that buy jewelry pay around 20% to 30% of the value of the gold content. Back when gold was hitting $1,900.00 a Troy Ounce the companies advertising on TV and the Internet were found to be paying only 10%.
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06-14-2018, 06:37 PM | #22 |
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There's an old joke/urban legend about someone buying a fancy car for $100 (or similarly low price), and when they ask about it the seller says her husband just ran off with his secretary, and told her to sell the car and send him the money.
I can understand the point of the law, but it doesn't seem fair to expect a buyer to be the responsible party. |
06-14-2018, 07:44 PM | #23 | |
o saeclum infacetum
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06-14-2018, 07:53 PM | #24 | |
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If I buy a set of power tools cheaply, it's unreasonable to assume I would have any knowledge of any crime leading to the sale of those tools. |
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06-15-2018, 02:18 AM | #25 |
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Unless, of course, you are buying them from some guy selling said tools from his trunk on a street corner.
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06-15-2018, 09:52 AM | #26 | |
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If the woman in the Craigslist case had asked the question and been given a plausible explanation, she would likely not have been charged, so long as she wasn't daft for believing what she was told. The above-mentioned urban legend is a good example. In fact, and Pooh can back me up on this, there were signs all over Chapel Hill and Durham last month advertising a house for sale for $35,000 because "wife is forcing sale." |
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06-17-2018, 05:44 PM | #27 | ||
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Man charged with making $1.3 million in fraudulent returns to Walmart
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06-17-2018, 11:52 PM | #28 |
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