[Jewelry making - Article 00221] - Re: [Orchid] Yellow Turquoise

[Lee Einer]

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James said-

>     I agree that many dealers, retailers and resellers are unaware of
>     the problem and don't use misnomers to deceive, but that lack of
>     awareness is through ignorance.

    I would take this a step further. 

    In the arena of fraud (which is what we are ultimately talking about
    when folks call serpentine "turquoise") it is necessary to prove
    that a perpetrator knowingly misled a customer. Consequently, a
    first line of defense is always "I didn't know." Because of this, a
    doctrine of "conscious avoidance" developed. 

    The doctrine in a nutshell states that if you consciously and
    deliberately close your eyes to the knowledge which would tell you
    that you are defrauding, it is the same as if you possessed that
    knowledge in the first place. 

    We have the same phenomenon in the area of gemstone sales. If
    somebody's business is selling stones, stone beads, stone cabachons,
    whatever, it is their business also to know what they are selling.
    If they purchase something called "yellow turquoise" and resell it
    as such without making reasonable inquiry into what it really is,
    they have deliberately closed their eyes to the knowledge of the
    deception, and are just as guilty of deceiving their customers as
    they would be if they mislabeled the material themselves. 

Lee Einer
Dos Manos Jewelry
http://www.dosmanosjewelry.com

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