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Date:         Fri, 14 Apr 2000 20:40:12 -0700
Reply-To:     coyote <coyote@LENSCRAFT.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         coyote <coyote@LENSCRAFT.COM>
Subject:      Re: [Syncro] Bidding on manuals on ebay
Comments: To: JKrevnov@AOL.COM
In-Reply-To:  <e1.3078eeb.2627411b@aol.com>
Content-Type: multipart/alternative;

At 11:26 AM -0400 4/13/00, Rico Sapolich wrote: >If you miss the implication of what you suggest, perhaps you should >check the definitions of coconspirator and wire fraud.

Rich,

A coconspirator is 'a member of a conspiracy'. A conspiracy is defined as when people work together by agreement to commit an illegal act. A conspiracy may exist when the parties use legal means to accomplish an illegal result, or to use illegal means to achieve something that in itself is lawful. To prove a conspiracy those involved must have agreed to the plan before all the actions have been taken, or it is just a series of independent illegal acts. A conspiracy can be criminal for planning and carrying out illegal activities, or give rise to a civil lawsuit for damages by someone injured by the conspiracy. Thus, a scheme by a group of salesmen to sell used automobiles as new, could be prosecuted as a crime of fraud and conspiracy, and also allow a purchaser of an auto to sue for damages for the fraud and conspiracy.

Regarding wire fraud; a person can be found guilty of wire fraud only if all of the following facts are proved beyond a reasonable doubt:

First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and

Second: That the person knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud.

There is nothing illegal for a number of people to pool their interests and bid on items. It happens in auctions all of the time, as you should know. This eliminates the 'coconspirator' reference you made above. Also, since no sound is being transmitted, no wire fraud is occurring.

What led you to send the above letter?

Coyote

-- -- /\_/\ ____ Ron 'Coyote' Lussier ( ) \ _/__ Lenscraft coyote@lenscraft.com \ / \X / 229 8th Street Unit 4 1.415.241.0815 \_/ \/ San Francisco, CA 94103


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