“When there’s fraud involved, I don’t think anybody is bound by the terms of the contract,” Koch said.

Earlier Sale

Earlier in the trial before U.S. District Judge J. Paul Oetken, Greenberg testified about his own investigation into fake wine allegedly sold to him by New York-based Royal Wine Merchants Ltd.

The fake wines he said he found, amounting to as much as $2 million, weren’t included in the later Zachys auction, he testified.

“They were not the same bottles, sir,” Greenberg told Koch’s lawyer John Hueston earlier this week. “I have been a victim of this, too, and you’re trying to make me a criminal for being a victim.

The case is Koch v. Greenberg, 07-cv-9600, U.S. District Court, Southern District of New York (Manhattan).

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