Photo: Jaime Hogge
CBS/Getty
Fraud
DAVID MALAMED The Force Against Fraud
How much were some people spending on posters and other memorabilia associated with the movie that was the fastest ever to gross US$1 billion worldwide (in 12 days, no less)? Quite a lot, depending on what they acquired. In late January, memorabilia signed by Hamill (as well as
items co-signed by other Star Wars alumni, such as Carrie Fisher) was being auctioned on eBay for as much as US$999.99. An 8 x 10 photograph (a print) “hand signed” by Hamill, Fisher, Harrison Ford and Peter Mayhew (Chewbacca) was offered at US$1,999.99. Many items were available and most were priced in the hundreds of dollars. The Hollywood Memorabilia website offered a signed Topps trading card for US$1,832.99. A signed Harrison Ford Han Solo card, by the way, was avail- able for US$3,650.99. (CPA Canada has no reason to question the authenticity of any of the items mentioned.) As Hamill went public with his personal antifraud crusade,
I
N THE WEEKS LEADING UP TO THE December 2015 release of Star Wars: The Force Awakens, actor Mark Hamill, who had played Luke Skywalker in the original film version — and
was rumoured to be reprising his role in the new, highly antici- pated instalment of the lucrative Star Wars franchise — noticed something unusual. Hamill experienced “an uptick in the number of fans asking
for his help verifying his own signature on movie posters and other memorabilia,” the Los Angeles Times reported. “There was only one problem: He hadn’t yet signed any posters for the new movie.” To counter a marketplace littered with Star Wars memora-
bilia bearing what the purchasers believed to be his authentic signature, the actor took to Twitter. “I’m so sorry there’s so many fans spending their hard-earned money for fraudulent signatures,” he wrote. The actor took his public service announcement one step
further, Entertainment Weekly reported, “responding to fans who asked about autographs they had already bought or were plan- ning on buying, confirming jokes he had written on trading cards and showing them how to spot the unique way he uses his real signature. When asked why he was going out of his way, Hamill’s response was simple: ‘Because I owe it to all true fans to protect them from being victimized by dishonest dealers.’ ” He continued to tweet advice to his fans, posting his signa-
ture and advising them to “memorize this REAL signature and you can start spotting the phonies yourself!”
50 | CPA MAGAZINE | MAY 2016
his initiative caught the attention of California assembly- woman Ling Ling Chang. In January, Chang, inspired by Hamill’s efforts, introduced Assembly Bill 1570. The key element of the proposed legislation focuses on
dealers who sell any autographed collectible with a value of US$5 or more. “Whenever a dealer, in selling or offering to sell to a consumer a collectible in or from this state, provides a description of that collectible as being autographed, the dealer shall furnish a certificate of authenticity to the consumer at the time of sale,” her bill said. “The certificate of authenticity shall be in writing, shall be signed by the dealer or his or her autho- rized agent, and shall specify the date of sale. The certificate of authenticity shall be in at least 10-point boldface type and shall contain the dealer’s true legal name and street address. The dealer shall retain a copy of the certificate of authenticity [which should include a unique serial number] for not less than seven years.” Under the proposed legislation, a consumer who could prove
the information about a purchased item was fake could be entitled to recover “in addition to actual damages, a civil penalty in an amount equal to 10 times actual damages, plus court costs, reasonable attorney’s fees, interest, and expert witness fees, if applicable, incurred by the consumer in the action. The court, in its discretion, may award additional damages based on the egregiousness of the dealer’s conduct.” If the bill becomes law, it will provide Californian purchas-
ers with more support than likely exists for them at the moment. But just how much? There is no widespread en-
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