Greg

I read the case and I think it goes way beyond just shill bidding. If it was for shill bidding it wouldn't even be in court. Their shill bidding was tied in with other fraudulent activities.

Some of the tools used to commit this scheme
1. Names
2. Mailing address
3. Telephone information.
4. e-mail addresses
5. "User ID's" about forty
6. Bidding

All the above are legal tools, but were used fraudulently. That does not make them illegal. If a person uses a gun to rob a bank, does that make guns illegal?

Nowhere in the elements of charged crimes do I see any hint of shill bidding as being illegal, but it was used in part to commit an illegal act. There is no law stating shill bidding as being illegal and obviously no one has been successfully prosecuted for shill bidding. Shill bidding is unethical but not illegal.

ELEMENTS OF CHARGED CRIMES

A. Mail Fraud: As to counts 5, 6 and 10 of the Indictment, which charge mail fraud in violation of 18 U. S. C. 1341, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant made up or participated in a scheme or plan for obtaining money or property by making false promises or statements;

Second, the defendant knew that the promises or statements were false;

Third, the promises or statements were material, that is they would reasonably influence a person to part with money or property;

Fourth, the defendant acted with intent to defraud; and

Fifth, the defendant used, or caused to be used, the mails to carry out or attempt to carry out an essential part of the scheme.