I am just trying to understand the logic. I looked at the auction pages, and the seller does not make any claims at all regarding the card. Now, if someone asked him a question regarding the authenticity of the patch and he replied saying that it is authentic - then he knowingly misrepresented it when he knew it was not authentic. If somone set up a print press and was just printing cards, that case would be open and shut. This is just a little different. The card itself is authentic...an accessory has been replaced. Hopefully, one of the investigators here had documented communication with the seller where they clearly misrepresented the card. We all clearly see it as fraud as we know the intentions of the seller. But the law leaves so many loopholes. Only when we clearly understand the law regarding this type of activity, can we really work to stop it.
I'll leave the law discussion to Aaron and others with more knowledge, but here is the excerpt from the Criminal Code for forgery:
Forgery and Offences Resembling Forgery
Forgery
366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent
(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.
Making false document
(2) Making a false document includes
(a) altering a genuine document in any material part;
(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or
(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.
When forgery complete
(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.
Forgery complete though document incomplete
(4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.
R.S., c. C-34, s. 324.
Punishment for forgery
367. Every one who commits forgery
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24.
