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wow...
Destroyed my sax! Lance O.Burton or MartinMods also Solutionremarketing (eBay ID)
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No way to bring criminal charges? Think again...
http://legal-dictionary.thefreedictionary.com/Mail+Fraud
Read the entire page...it's not that long. Any good prosecutor would be able to apply the expanded and amended Mail Fraud statute simply because what Lance is doing involves shipping instruments back and forth.
"In recent years Congress has amended the mail fraud statute twice. In 1988 Congress added section 1346, which states that the term "scheme to defraud" includes a scheme to deprive another of the intangible right of honest services. In 1994 Congress expanded the use of the mails to include any parcel that is "sent or delivered by a private or commercial interstate carrier." As a result of these amendments, the mail fraud statute has become a broad act for prosecution of dishonest and fraudulent activities, as long as those crimes involve the mails or an interstate carrier".
They got Al Capone for tax evasion. It's not beyond the realm of possibility that they could get Lance for the same thing if he failed to report any of the money he received from customers as income. Incompetence may not be a crime, but I'd be willing to bet that there are a variety of criminal charges that could be brought against Lance if an aggressive prosecutor had a mind to...Mail Fraud and possible Tax Evasion just for starters. Probably not likely to happen, but any eager or fledgling prosecutor trying to build a name for himself would probably love to have a crack at someone like Lance.
http://legal-dictionary.thefreedictionary.com/Mail+Fraud
Read the entire page...it's not that long. Any good prosecutor would be able to apply the expanded and amended Mail Fraud statute simply because what Lance is doing involves shipping instruments back and forth.
"In recent years Congress has amended the mail fraud statute twice. In 1988 Congress added section 1346, which states that the term "scheme to defraud" includes a scheme to deprive another of the intangible right of honest services. In 1994 Congress expanded the use of the mails to include any parcel that is "sent or delivered by a private or commercial interstate carrier." As a result of these amendments, the mail fraud statute has become a broad act for prosecution of dishonest and fraudulent activities, as long as those crimes involve the mails or an interstate carrier".
They got Al Capone for tax evasion. It's not beyond the realm of possibility that they could get Lance for the same thing if he failed to report any of the money he received from customers as income. Incompetence may not be a crime, but I'd be willing to bet that there are a variety of criminal charges that could be brought against Lance if an aggressive prosecutor had a mind to...Mail Fraud and possible Tax Evasion just for starters. Probably not likely to happen, but any eager or fledgling prosecutor trying to build a name for himself would probably love to have a crack at someone like Lance.
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No, I absolutely don't seriously think that. I was just pointing out that there are sometimes other ways to skin a cat...not saying that the cat was anywhere near worth skinning. Some people were saying that no official crime has been committed. I was saying that perhaps certain laws *could* apply if someone wanted to push the issue. Do I think it's worth anybody's time to do that, or even to seek any sort of legal recourse in civil court? No I don't. I doubt Lance has enough resources to pay what he owes people even if they sued him and/or forced him into bankruptcy. Winning in court doesn't mean anyone would ever see more than a few cents on the dollar of what Lance owes them. It would indeed be a waste of time. I did go out on the limb of exaggeration about a prosecutor possibly welcoming such a case. Yeah, that's pretty silly...but the point I was trying to make was that there ARE criminal laws that could apply if you wanted to get technical about it. Just not the same laws most people might have thought about.
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There was discussion a while ago in response to an unrelated thread...where someone basically suggested that it was never good to give a bad review of any person or product. It was suggested that writing a bad review was more harmful than helpful, and served little purpose other than to potentially and unfairly harm someone's reputation. It was suggested that negative reviews not even be allowed on SOTW.
Can anyone read this thread and NOT see how negative reviews in cases like this are not only helpful, but necessary and important as well?
Can anyone read this thread and NOT see how negative reviews in cases like this are not only helpful, but necessary and important as well?
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