Rebuttal – Accused vs. State of Pennsylvania – Trading Assistant Auction Trial

The following is a fictional account of the possible tact a defence attorney could present in the case currently before the Circuit Court in Pennsylvania.  Any relation to real persons or events is purely coincidental...

Perry Mason
Thank You Your Honor....
In My Cross Examination I would like to ask the prosecutor in this case to take the stand....

Thank You for your cooperation... If I may ask a few questions, with Your Honors Permission?

...I'll allow it, but you better get to the point quickly Mr. Mason...

Yes - Your Honor....


Was the person charged in this case actually holding the gavel?
No...
Did the person charged in this case actually accept a fee as an auctioneer?
No...
Did the person in this case knowingly and willingly violate the law?
No....
Was the law in question written with the intent to include Internet consignment services in the definition as an auctioneer? No...
Does the person charged in this case have any control, have any method to alter, or can that person knowingly determine the price any item will sell for using the Internet listing service known as eBay? (maybe) but in this case...
No...
Does the person in this case or did this person at any time hold an event similar to or resembling a live auction? ...
No...
Therefore Your Honor, I respectfully submit in this court that the charges in this case and any other similar case are baseless and without merit. The accused could not have intended to break any law intended to regulate live auctioneers as she was not acting as such. The accused could not have violated any statute pertaining to such live auctions or auctioneering as she never held such an event.
The accused simply subscribed to an online merchandise listing service which uses an auction style format, much like anyone else in the great State of Pennsylvania can do at any time, your Honor...
The only difference here is that the accused became proficient at using this online listing service. She then offered her services as a listing agent, not an auctioneer, to others in her community who were not as adept with the technical challenges of listing said items on an Internet based merchandise exchange.
As a listing agent this person, the accused, never once held an auction nor did she promote her listing agent services as that of an auctioneer. She did not advertise live auction events and she did not at any time defraud the citizens of Pennsylvania or of any other State.
Your Honor the case before you has no merit and borders on abuse of governmental power and as such is in violation of several Federal and State statutes.
We seek a dismissal of this case and in the name of the accused we shall investigate the further merits of seeking damages for lost wages and slanderbased upon the open and knowing collusion by the elected officials of the State of Pennsylvania with the presently licenced auctioneers and the board of auctioneers against our client. Damages will be requested in the amount of...

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