(home) (complaints) (explanation of difficult words in relation to rarity) (subscription to the "Monthly Commentary") 

(Danish)

New conviction

04.08.2004 of

Monthly Commentary

for well-informed circles

 extra / October 2004

… a good story from Grelber

3.rd series

 wide repercussions for the coin, second hand, antique and auction businesses

 

----- Original message -----

From:   Grelber [mailto:grelber@image.dk]

Send:   3. september 2004 21:20

To:       Ole B. Andrejcak; Ulf Ottosson; Bjørn Ringøy; Michael Fornitz; Per-Göran Carlsson; Kjell W. Riibe; Gunnar Thesen; Kjell Holmberg; Jimmy Häggqvist; coindealer@ ahl­strom-coin.com; Niels E. Stampe; Kjell Z. Andersen; Bernt J. Bertelsen; Bengt Hemmingsson; tonkin@tonkin.se; Birger Bentsen; mem@image.dk, + div.private

Cc:            Børge Juul; Jens Pilegaard; Lauritz.com; Nobel Antik; Jørgen Sømod; Jørgen Steen Jensen; 'support@auction.no'; Bjørn Nordbakk; Øyvind Skaar

Subject: Jail sentence to professional. New conviction 04.08.2004 of wide repercussions for the coin, second hand, antique and auction businesses

 

Scandinavian professional sentenced to jail for ”capitalizing on a buyer's delusion”.

 

30 days in jail became the end result of a deal of cash value only EUR 7.000.

 

 

The jail time was in this particularly case fixed as low as 'only' 30 days and furthermore the sentence was 'only' suspended because of the fact, that the buyer had acted "very incautious" and also the convicted had a previous clean penalty list. The probation time was fixed at 1 year (opposed to the 2 years demanded by the Counsel for the Prosecution).

 

Get rich quick

 

 

This topical Scandinavian conviction from EU-member Denmark sets up a precedent exactly on the same aspect of delusion, that Scandinavian auction houses exercises in the various published issues of the "Monthly Commentary", which are unmasking the rarity-cheatings. That is:

"capitalizing on bidders' and buyers' delusion". 

 

Exactly as in this conviction: Scandinavian auction houses capitalized on bid raisers' and/or/ end buyers' delusion [by using false 'number of known specimens'-information].

 

Scandinavian auction houses are in full knowledge of this and have acted in bad faith.

 

 

In addition it will cause an increase of the sentence, in case one - as in cases from for example auction houses - is the part as well, that creates the delusion.

 

 

Get IN JAIL quick

 

 

 

The specific deal judged was about 5 Wilcke/Rubow-books with pasted, special banknote-’offprints’.  The sentenced professional person had not created the buyer's delusion – ’only’ ”capitalized on the delusion” (*BU). A Judge emphasized, that the convicted ought to have known better. The convicted had been a professional for half a year. The selling party has a special responsibility to ensure, that the buyer does not "suffer from a delusion".

It was the Public Prosecutor (after complaint that the police first time around had rejected to act on a police-notification), who had summoned the coin dealer according to Penal Code § 279 (:=’fraud’-§).

 

 

From list of explanation of words that are difficult in relation to rarity: Delusion = illusion. An illusionist exploits a party's delusion.

 

Here it is opportune to read: Auction house convicted 19.05.2004 for having cheated buyer by providing incomplete, and potentially misleading, information   

 

False or incomplete informations in a deal è false/fraudulent preconditions è ”capitalizing on a buyer's delusion” è Penal Code § 279 è jail time.

 

 

INFO: Same set of rules apply to "auction houses" and "coin dealers" and "private collectors" and "everybody".

 

 

[note] (*BU) Bunglereel: ”But, but, but, Your Honour, I did only ’quote’ the lie ! ”

 

 

 

A devil:  If one capitalizes on a delusion for twice the amount EUR 14.000 one presumably will have to expect twice the penalty, that is 60 days in jail, and for EUR 28.000 120 days in jail etc. etc.

An angel: This, I find, is absolutely not worth the salary !

 

A devil no. 2 (real mean): “I wonder how many days in jail auction catalogue responsible persons at public Scandinavian auction houses have outstanding ?”

“And who will be the next dealer/auction house, that voluntarily will be running to be convicted for already “having capitalized on a buyer's delusion” ? ”

 

 

Click here to read the paragraphs of the law  

Text of judgement from: High court 04.08.2004

Text of judgement from: City court 06.02.2004


Back to MEM homepage