(10-30-2023 10:00 AM)Hambone10 Wrote: (10-27-2023 01:33 PM)tanqtonic Wrote: Lets stick with lie, or falsehood? Simply to make everything less contorted and we dont get balled up in a definitional dispute.
In short, all that is needed is persistent lies.
You *can* get popped for persistent material misresrepresentations, but the underlying issue in the present instance has been falsehoods.
I have a comment/question on this later... but for now.. as I said... I don't think immaterial lies/misrepresentations are reasonable grounds for losing a business license...
I dont think that the breadth and depth and constancy of the lies in this issue meet the term "immaterial lies/ misrepresentations".
Quote:I understand that word is not in the statute. I think it is in the 'purpose' of laws. Laws should not have anything to do with preventing or discouraging immaterial acts.... for the very fact that they are immaterial.
See above.
Quote:Quote:Maybe point out who and where, instead of being oblique. Ill be happy to respond to their comments that you seemingly use as a shield here.
I used no shield... I'm just tired of arguing this point with you.
You haven't made your case with me... and I don't think Numbers agrees with you either.... having repeatedly said that he sees no fraud nor intent etc.... Numbers is the only person on here that we both know that I THINK you respect.
I respect numbers. I dont think numbers is accurate in this issue. That should be clear.
Quote:Quote:Quote:If that is truly what is required of the statute then I submit as I have before that it is a stupid law that serves no real purpose. Immaterial misrepresentations are just that... immaterial.... unimportant... irrelevant. You may as well sue him for saying that he's a good husband or great lover. Seriously, I can't believe that we're talking about even FINING someone for an immaterial misrepresentation.... or that ANY Republican would support such a law.
I have zero problem with giving a state the ability to combat persistent, deep, fraud, affecting large amounts of commercial activity effected from a single actor. That is -- the point of the law, as embodied in the text, and in the legislative record. And has been fleshed out many, many times. That background is in the links I had PMed to you a while back.
The italicized denotes the problem with the 'pizza' issue as well.
Immaterial misrepresentations by the definition of the word don't effect anything... much less 'large amounts of commercial activity'. If they did, they would be material... they would have an effect. You can't have it both ways... and this 'lie or make material misrepresentations' to me isn't an 'either/or' but a clarification. Again, even lies should have to be material/pertinent to be actionable... as I alluded to with my 'fidelity' example.
And the ' best Pizza in town' (a euphemism, but one that is used) claim is specifically designed to get at least some customers, particularly from out of town to act....
I suggest looking up the word 'puffery' --- and the distinction that it is given.
'Best pizza in town' is neither a lie or a truism. And it really isnt a good example to try to shoehorn it into this issue. Nor is it a great example to shoehorn 'immaterial' into the issue as you try to do. Again -- look at the italicized wording above.
Quote:either to accept the claim or to challenge it. It is absolutely designed to impact commercial activity in amounts large enough to matter to that business.... and there are hundreds if not thousands of businesses that do things like that. LOTS of activity. 500,000 slices per day in the city...
Now you and mix and match amounts. The key isnt 'there are a half million slices sold in aggregate as you try to expand into. The issue that you seem to try and expand from is 'how many does that person making the statement do'. Not how many in aggregate by everybody.
Quote:and that is just to THAT claim. Best Coffee in town,... best prices in town... going out of business, lol...
Only when you expand that to everyone -- the issue isnt how many *everyone sells* -- the issue is how deep, persistent, and broad *your* statement affects the market. And when pervasive enough, the state can clamp down.
Not necessarily on puffery, but on actual lies.
And by the way -- you do understand that in every state the 'going out of business' sale, when not truthful, is an explicit violation of *most* consumer protection acts, and/or deceptive trade practices acts, right?
And, AGs *have* gone after those actors in enforcement actions. So thank you for that very apt example.
Quote:Quote:Quote:Seriously... we're literally arguing here that immaterial misrepresentations for a NY businessman about the SF'age of a building, relied upon by nobody for any reason is a criminal offense,
This isnt a criminal trial. It is a civil suit.
Civil, Criminal... I get the difference but to me this is violating a person's right to engage in business...
Again with the flowery language. A state has every right and ability to curtail someone's ability to transact business in the state. And a state has every ability to grant that same ability.
You had mentioned elsewhere how many times you had done this yourself. Via business licenses, via corporate formation, via all sort of methods.
Now it is some sort of inviolable right that is 'violated'? Really?
Quote:which is what we more often do to criminals....
Not so. We engage them typically in another spectrum -- the right of liberty. Not in a 'rights to do business.'
In previous conversations I know you freely mix criminal issues of liberty with tort issues of damages, But they are not the same. In a similar manner the right to liberty *is* the basis for criminal law, and *is* enshrined very specifically in the Constitution.
A right to incorporate and do business in a state is far from that.
Quote:in the opinion of a judge, he has repeatedly lied about his holdings to a body with no regulatory purpose, other than to admit or deny licenses.
And this is an issue I have with your take -- the statement above and your conclusion isnt moored in the facts at all.
Quote:Honest question... has he been previously cited for these misrepresentations?
Honest answer, not from the state, as far as I know.
Honest question in return -- how is this germane?
Prior to being sued (and ultimately a whole lot worse for the latter 2) -- Alameda Capital had never been cited, nor wood nymph Carolyn Ellison, nor SBF. I dont understand how the above is even germane.
Quote:I don't see a victim here... or in anything tied to these filings.
Again... 'Best Pizza in NY' hasn't cost anyone a license.
Again -- persistent, deep, broad.
Again -- puffery.
Again -- Id suggest taking a look at the NY AG enforcement action histories.
Quote:Quote:First -- I dont think the issue with Hillary was 'material misrepresentations' Ham. Can you clarify?
'I never used it for official business/no classified material was ever on the server.' That was a material misrepresentation... don't you think?
To whom specifically was that made, and under what circumstances?
I will tell you right now that none of the legal issues that she faced dealt with a material misrepresentation. I really dont understand why you picked this as a tangent.
Quote:I don't know what you mean by 'the issue' with Hillary. If you're saying that the case against Hillary didn't have the same sort of 'it doesn't have to be material' clause, that just shows the foolhardiness of that line to me. Whether they actually charged her with that or not (I think they thought about 'obstruction' as a result of those comments) but the same law doesn't seem to exist... which only supports my belief that it is likely a bad law.
Im not the one invoking Hillary as an excuse. Instead of making a broad based allusion to some misrepresentation as an equi8valent, you should provide the details.
Quote:As I said, why do we care about immaterial misrepresentations in ANY context for ANY reason?
Im not the one invoking Hillary and misrepresentation as the counterpoint, Ham, You are.
Quote:As for Hillary, I had, and still have, zero problem with charging her. I still believe that the decision *not* to charge her for the improper storage is absolutely the wrong one. I say that is right in line with JETFL.
Quote:hundreds of millions a year for Pizza isn't enough to even make them take the signs down.
I see you are still dancing the Pizza dance.
Quote: (10-27-2023 03:25 PM)Owl 69/70/75 Wrote: (10-27-2023 10:25 AM)tanqtonic Wrote: No materiality per the statute, per the NY Supreme Court, and as stated in the decision on summary judgement in this case. Only need a persistent, ongoing usage of falsehoods and misrepresentations in business.
My point is that in the context of negotiating a real estate loan or series of such loans, there were no falsehoods and misrepresentations, much less continuing use of them. The judge was not interested in providing a disinterested tribunal, his mission was to “get” Donald Trump.
Be careful here numbers... lol. Funny though that Tanq didn't know whom I meant.
Just forcing *you* to be less oblique Ham. And had you noticed, I can point out where I think Numbers has misstated in his comments.
Quote: (10-30-2023 07:02 AM)Redwingtom Wrote: Not to rehash all this again, but I believe this is vastly overselling the situation. IIRC, they only found like 4 things that were on her server that were deemed to have been classified. And further, I believe those items were not even considered classified at the time they were introduced on her server, but instead were later considered classified.
But it's been awhile, I could not be remembering it correctly.
I won't rehash it but you miss the point.
The whole premise of the Trump case here has nothing to do with whether or not there was a bad outcome from his actions... because there wasn't.... simply that his actions put that possibility in play. Hillary similarly put those possibilities in play(in violation of policy) quite frankly in an arena that is much more dangerous to the nation than a bank loan. The fact that she actually DID put those possibilities in play, and that her practices (again, in violation of policy) tended to cover up or make very difficult any means of determining if there WAS an actual breach is IMO vastly more important, more dangerous, more risky to the nation than a bank loan.... Yet despite this; despite actual proof of ANY classified information on an unsecure server in violation of policy, not to mention common sense and something that anyone in the private sector would at least be 'fired' for.... Nothing happened to her... the US decided not to proceed against her.... she didn't lose her job... she didn't lose her security clearance etc etc etc....
Nice equivalence of apples and bowling balls.