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Is It Really Fraud If You Consent ?

by @ 10:01 am on March 10, 2009.

File this one under the title A Fool And His Money Are Soon Parted:

(AP) A New York man is suing a New Jersey psychic, claiming she defrauded him of nearly $250,000 he paid her to craft a golden statue that was supposed to ward off negativity. Charles Silveira, 38, of Seaford, Long Island, claims he never received the statue.

On Monday, he filed suit in New Jersey Superior Court in Morristown seeking to recover the money from 32-year-old Ava Miller of Mendham. Silveira also wants Miller removed from a $700,000 home he bought for her last year.

The lawsuit claims that Silveira met Miller online in 2007, and that he made several large cash payments to her over a period of several months.

Typically, fraud requires some level of “reasonable reliance.”

So, is it reasonable for any human being to rely on the representations of a psychic when she says she can make a statue that will “ward off negativity” ?

Seriously, aren’t psychics inherently fraudulent to begin with, which means giving one your money essentially means you’ve consented to be defrauded ?

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