Rich is correct in saying that is not what I stated at all, and your response ignores the statements in your initial post.
Are you reading any of the information that people like Stephen and myself are posting, or are you busy working on further postings of your own? You stated: "I would have refunded the buyers as soon as I discovered the scam, and began legal proceedings against those who sent me the fakes," Which means in the known case at issue (Ron Magid unknowingly supplying an auction house with fakes) that you would have sued Ron Magid since he would have been the one who sent you the fakes. My point is that it would be entirely wrong to sue Ron Magid in this instance, and that instead you should be "working with" Ron Magid in holding the originators of the fake cards accountable. Perhaps it is Emovieposter.com's business practice to sue innocent parties, but that is certainly not the way I conduct business. You have already heard from Stephen Fishler and myself who purchased these fakes from Profiles that we were quickly refunded. What further liability would you suggest Profiles has towards us? And again I ask you - What did Profiles say when you directly asked them these questions? Or are you only asking them here on the boards where they have no presence and can not answer? _____ From: Bruce Hershenson [mailto:[email protected]] Sent: Tuesday, September 01, 2009 3:37 PM To: Sean Linkenback Cc: [email protected] Subject: Re: [MOPO] What is the responsibility of auction houses or dealers who sold Universal fakes as middlemen? So you are saying that someone who hypothically purchased a fake from say, Platinum Posters should be "working with" Platinum Posters to join a joint plaintiff suit against the originators of these fakes, and that Platinum Posters has no liability towards that person who purchased a fake from them? Is that the way the law works? If the joint plaintiff suit against the originators of these fakes is unsuccessful, or if no money is recovered, will those who acted as middlemen have ANY liability towards those who purchased the items from them? Bruce On Tue, Sep 1, 2009 at 12:26 PM, Sean Linkenback <[email protected]> wrote: What did Profiles say when you called/emailed them to ask these questions? I know they don't have any representatives on here to read your messages, so I can only assume you have contacted them directly. I will say I think it would be horrible if they (Profiles) started legal proceedings against Ron Magid like you would have done. Why would you start legal proceedings against an innocent party that was duped? Wouldn't you rather work with that party in holding the originator of the fakes accountable? I, for one, would not applaud you for suing innocent people that were duped - but that's just me. I also wish that all these collectors who have been cheated and are contacting you privately would also contact me (or Jim Gresham) so that 1) we can help them get in contact with the correct investigators at the FBI who are looking into this case, and 2) discuss with them the possibility of a joint plaintiff suit against the originators of these fakes. Many of the people who have purchased these might have only purchased one or two items and feel powerless to do anything about them or to get restitution from the person(s) they purchased from, but by joining and acting together, something can and will be accomplished. What are you saying to these people when they contact you? I certainly hope you are encouraging them to do the above and not to stay quiet. _____ From: MoPo List [mailto:[email protected]] On Behalf Of Bruce Hershenson Sent: Tuesday, September 01, 2009 9:22 AM To: [email protected] Subject: [MOPO] What is the responsibility of auction houses or dealers who sold Universal fakes as middlemen? I can't help but notice that NONE of the auction houses or dealers who sold Universal fakes as middlemen have come forward and admitted to having done so. The only name that has been mentioned is Profiles in History and they were "outed". What is the responsibility of those auction houses or dealers who sold Universal fakes towards their customers? If they long ago paid their consignors, can they simply say, "Sorry, but I was fooled just as much as you were, and therefore I have no liability at all?" Can the buyer sue the people who made the fakes even though they didn't purchase them directly? If some auction houses or dealers are making restitution to those who purchased fakes from them, is this all going on the honor system? Are any law enforcement agencies involved in investigating who the fakes were sold to, and/or making any efforts to see that restitution is made by the middlemen, or to prosecute those who made the fakes? I wish those who unwittingly sold these fakes would publicly address how they are dealing with the situation, and whether or not they are voluntarily making restitution to those who were cheated. I would think this would not be any source of embarrassment for them (I have publicly stated that is is quite likely I myself would have been fooled by these, if they are as good as people have said, and therefore I myself might well have unknowingly cheated people by auctioning them). But had I done so, I would have refunded the buyers as soon as I discovered the scam, and began legal proceedings against those who sent me the fakes, and I think the hobby would have applauded me for doing so. Some of you have made it clear you hate my posts on this subject. You have ridiculed me or in essence told me this is none of my business. But I keep getting contacted by collectors who were cheated who DO want answers to these questions, but are afraid to post publicly . I want to help them not only do I want to help see that right is done, but also because I want to protect the integrity of this hobby which provides me with my living. If anyone has anything of substance to post, I am all ears. And it is also fine if people who want to stay out of the public spotlight keep contacting me privately. Bruce Visit the MoPo Mailing List Web Site at www.filmfan.com <http://www.filmfan.com/> ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content. Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: [email protected] In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.
