==============================  CFJ 1379  ==============================

    root committed the Crime of Misrepresentation when e sent a message
    with the subject 'Transfers' to Crito and t on Mon, 27 May 2002
    22:36:41 -0400.

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Caller:                                 t
Barred:                                 Steve
Barred:                                 G.
Barred:                                 root

Judge:                                  OscarMeyr
Judgement:                              FALSE

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History:

Called by t:                            28 May 2002 22:38:04 GMT
Assigned to OscarMeyr:                  05 Jun 2002 23:26:27 GMT
Judged FALSE by OscarMeyr:              11 Jun 2002 23:54:46 GMT

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Caller's Arguments:

In the message root claimed to transfer 1.4 Papyri to the Bank to satisfy
some debts, even though e knew that no such debts existed. In doing so, e
made a willful false statement of fact. The message was sent to Promotor
t, who was required to act by recording the transfer (R1598) and Herald
Crito, who was required to act on some other information included in that
message. root therefore committed the Crime of Misrepresentation, as
defined in Rule 1497.

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Caller's Evidence:

1:

From kellyia@earlham.edu Wed May 29 01:04:56 2002
Date: Mon, 27 May 2002 22:36:41 -0400
From: Ian Kelly <kellyia@earlham.edu>
To: Crito <dalbertz@mrb.state.ma.us>, t <scurra@iki.fi>
Subject: Transfers

H. Herald Crito and H. Promotor t,

I transfer 1.4 Papyri to the Bank to satisfy my debts incurred
in the harvesting of Michael's pot-plants.

I transfer 0.002 Indulgences to the Bank for the purpose of
expunging my Blots.

-root

2:

Rule 1497/8 (Power=1)
Truth in Advertising

      Any Player who willfully makes a false statement of fact as part
      of evidence submitted in support of a Claim of Error, Call for
      Judgement, or Judgement, or in response to a Judicial or
      Appellate Order requiring that Player to disclose information
      known to that Player, commits the Class 10 Crime of Perjury.

      Any Player who willfully makes a false statement of fact as part
      of a public message, as any part of a response to a request for
      information where that Player was required to respond, or as
      part of a message to an Officer upon which that Officer is then
      required to act, commits the Class 4 Crime of Misrepresentation.

      For the purposes of this Rule, the Speaker shall be considered
      an Officer.

      For the purpose of this Rule, for a Player to "willfully make a
      false statement of fact", all of the following conditions must
      be true at the time the Player makes the statement.

        a) The Player must present the statement as if it were true.

        b) The Player must know that the statement is false.  In
           particular, the following things are not willful: excusable
           negligence, reasonable error, or reasonable reliance on the
           representations of another.

        c) The statement is not a conclusion as to the interpretation
           of the Rules, or as to their application to a particular
           situation.

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Judge OscarMeyr's Arguments:

I accept the Caller's Arguments as logically sound.  So I must determine
the validity of the premise:  Did the Defendant know at the time e paid
the debt that the debt did not exist?  [The time of paying the debt is
established in Caller's Evidence 1]

R1575 requires that a Caller in a CFJ alleging a Crime provide evidence
beyond a reasonable doubt [Judge's Evidence 1].  I requested and
received from the Caller supporting evidence for the premise [Ev. 2].  I
also found the message where the Defendant demanded a return of eir
payment for the debt [Ev. 3].

The Caller has demonstrated a strong probability that the premise is
true.  The Defendant's claimed reason for demanding a refund of the debt
appears weak, but I find it just strong enough to generate legitimate
doubt about the premise.  I understand the possibility of believing a
player had taken an action, and later determines that the action had not
actually happened - with the high volume of messages in this Game in the
past few weeks, it would not be difficult to forget if something did or
did not exist.

Therefore, I determine that although the preponderance of evidence
supports the premise, it does not constitute proof beyond a reasonable
doubt.  Accordingly, I return a decision of FALSE.

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Judge OscarMeyr's Evidence:

Evidence 1:
Rule 1575/5 (Power=1)
Standards of Proof

      Unless otherwise specified, all Judgements shall be consistent
      with the preponderance of the evidence.

      A Judge shall not find that a Player has failed to perform a
      duty unless the preponderance of evidence provided by the Caller
      supports the claim.

      A Judge shall not find that a Player has violated a Rule or
      committed a Crime unless the evidence provided by the Caller
      places its certainty beyond reasonable doubt.  Furthermore, a
      Judge shall not find that a Player committed a Crime if that
      Player reasonably believed that eir action or inaction was not a
      Crime at the time it occurred.


Evidence 2:
(private email)
Subject:          Re: On CFJ 1379
    Date:          Mon, 10 Jun 2002 19:41:21 +0300 (EEST)
   From:          t <ttkorkia@st.jyu.fi>
     To:          Benjamin Schultz <ke3om@earthlink.net>

On Fri, 7 Jun 2002, Benjamin Schultz wrote:

> t,
>
> I have CFJ 1379, where you claimed that root committed Misrepresentation
> in eir message to you as Promotor:
>
> "I transfer 1.4 Papyri to the Bank to satisfy my debts incurred
> in the harvesting of Michael's pot-plants.":
>
> In your arguments, you assert:
>
> "In the message root claimed to transfer 1.4 Papyri to the Bank to
> satisfy
> some debts, even though e knew that no such debts existed."
>
> Do you have evidence of your assertion?  I find your arguments to be
> logically sound, so I need to validate the premiss of your arguments.

I know of no instance of harvesting of Michael's pot-plants or of any
possibility that a debt could be incurred in such a situation and it is
known that root's transfer was not actually meant to pay any debts. It is
obvious that the debt was fictitious.

   teemu korkiakangas: scurra@iki.fi . http://www.iki.fi/scurra/
              "kunpa kaikki elämän suuret mysteerit ratkeaisivat
                  kengurukepin ja kermapullon avulla" (don rosa)


Evidence 3:
(http://www.escribe.com/games/agora-business/m6878.html)

Subject:            BUS: More demands
     Date:           Tue, 28 May 2002 01:21:15 -0400
     From:           Ian Kelly <kellyia@earlham.edu>
 Reply-To:            agora-discussion@agoranomic.org
       To:            agora-business@agoranomic.org


I hereby demand the return of the properties which I transferred to the
Bank in the messages quoted below, as it has since come to my attention
that the debts did not actually exist and that I did not actually have
any Blots at the time of the transfers.

The Bank therefore incurs a debt to me of 953 Stems (among other things).
I currently owe the Bank 1 Stem from the recent Papyrus Auction.  By this
announcement, the debt of 1 Stem is satisfied and the debt of 953 Stems is
reduced to 952 Stems.

-root


>Date: Mon, 27 May 2002 13:40:02 -0400
>To: Murphy <emurphy42@socal.rr.com>, Kerim Aydin <kerim@u.washington.edu>
>From: Ian Kelly <kellyia@earlham.edu>
>Subject: Transfers
>
>H. Payroll Clerk Murphy and H. Assessor Goethe,
>
>I transfer 953 Stems to the Bank to satisfy my debts incurred in the
>recent Zorkmid Auction.
>
>I transfer 1.31 VEs to the Bank to satisfy my debts incurred in the
>adoption of Proposal 4318.
>
>-root


>Date: Mon, 27 May 2002 22:36:41 -0400
>To: Crito <dalbertz@mrb.state.ma.us>, t <scurra@iki.fi>
>From: Ian Kelly <kellyia@earlham.edu>
>Subject: Transfers
>
>H. Herald Crito and H. Promotor t,
>
>I transfer 1.4 Papyri to the Bank to satisfy my debts incurred
>in the harvesting of Michael's pot-plants.
>
>I transfer 0.002 Indulgences to the Bank for the purpose of
>expunging my Blots.
>
>-root

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