On Sat, Apr 25, 2020 at 11:56 PM Kerim Aydin via agora-discussion <
agora-discussion@agoranomic.org> wrote:

>
> On 4/25/2020 8:19 PM, Aris Merchant via agora-discussion wrote:
> > On Sat, Apr 25, 2020 at 3:55 PM Kerim Aydin wrote:
> >>
> >> R2478 says that the investigator CAN "conclude" the investigation by
> >> calling shenanigans.  I'd argue that the common definition of "conclude"
> >> (supported by an ethical/good of the game desire to avoid double
> jeopardy)
> >> means you can't conclude the same thing twice.
> >>
> >> I think it's clear that if someone else points their finger, starting a
> > different investigation, that would be separately resolvable? I can't
> open
> > the rules at the moment, so it's possible that there's an obvious bar I'm
> > missing.
> >
>
> There's no bar to that - I just didn't personally feel like raising the
> issue in CFJ or asking a hypothetical, when the referee had opined within
> the bounds of reason, and the standard for shenanigans is what the referee
> "believed" was true (If it was a different standard I might have CFJ'd).
>
> Oh, I may see the confusion - I said initially there was "no way" to CFJ
> the referee's finding, when what I really meant was something like there
> was "no valid legal reason" (the finding having met the proper standard of
> belief and all).
>
> -G.

I hadn't thought about the fact that a ruling of SHENANIGANS could not be
CFJ'd, so if another finger were pointed for this or another similar
violation, I would impose a fine, just to ensure a CFJ could be called. I
also looked at CFJ 3823 and it seems to be in line with what I was already
thinking. I agree that it is distinct conduct, but I think that the fact
that we ascertain whether it is occurring from the same conduct may make it
the same for the purposes of the sentencing guidelines.

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