Re: Enough Already

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Posted by Elaine on May 03, 1999 at 11:19:21:

In Reply to: Re: Enough Already posted by peggy on May 03, 1999 at 08:27:36:

" OK I've read the Lizzie Chronicles and I still don't get it. If Lizzie does indeed sell a mask off her site and she doesn't deliver does that not entitle the purchaser to pursue legal remedy to recover their loss under fraud statutes? She runs a big risk attempting to sell items that are not in existence unless she has an agreement with the artist. So what's the issue?"

Interesting. Are you, Peggy, suggesting there is criminal fraud here?

CH. 33 Civil and Criminal Fraud Laws

Section 592 of the Tariff Act of 1930, as amended (19 U.S.C. 1592), generally provides that any person who by fraud, gross negligence, or negligence, enters, introduces, or attempts to
introduce merchandise into the commerce of the United States by means of any material and false written or oral statement, document or act, or by any omission which is material, will
be subject to a monetary penalty. The person's merchandise may be seized, in certain circumstances, to insure payment of the penalty and forfeited if the penalty is not paid.

The civil fraud statute has been applied by the Customs Service in cases involving individuals and companies in the United States and abroad which have negligently or intentionally provided false information concerning importations into the United States.

Is this the issue you refer to?

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