Is it legal?

I know nothing about the law, but it doesn't seem like this case applies to the OP's statement of events. To begin with, in "Beachcomber Coins v. Ron Boskett", both parties were coins dealers...

Additionally, both parties in that case believed the coin to be genuine. In other words, the Seller was presenting the coin as genuine. In the OP's case, the Seller had no idea as to the genuineness of the coin...

 

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It doesn't matter if both parties are dealers or garbage collectors. The precedent in case law has been established. As for the part about both thinking the coin is genuine, you've overlooked the part which addresses a "mutual mistake", thereby permitting the plaintiff to prevail. The OP has established that the coworker knew nothing about coins, so it was his mistake for not verifying the authenticity, first, before seeking an appraisal. It is also hugely apparent that the "Associate", and once again I use this term loosely since it has not been established that he is a trained professional, made the mistake of assuming that it was genuine.

I think many of you should admit that you are "mutually" responsible for making a bad call (mistake).

 

The problem is; that even if it "feels" moral and ethical, it may not be that way under the law. I mean, it's like pruning a tree that hangs on your neighbor's property. Sure, you would like to prune your tree and do it properly, but going on your neighbor's property to do so could be trespassing.

The situation described by the co-worker certainly needs some sort of legal action taken. Consulting an attorney, reporting it to the police, something. Doing nothing at all invites an element of risk on his part. Suppose there are films of the transaction and he is accused of trying to defraud the coin dealer ? I mean that could even be a criminal act ? Although I do stand by my thought that once the chain of custody is broken, it's impossible to prove which coin passed hands, they still should take precautions to protect themselves. IMHO

 

So, it was a doubled 1916-D dime? I can imagine why a dealer would be very interested in buying one of those (if genuine).

If it wasn't doubled, why did your co-worker even know that it was worth going to the coin shop? Granted, I've seen people try to get Ike dollars appraised, but I wouldn't think that someone without a numismatic background would realize that a 1916 dime could be worth even the cost of gas for a trip to see an expert.

 

Where in the world is he supposed to take the coin to find out if it's genuine or not???
He took it to a coin dealer, not a pawnshop or a jewelry store.
If I had a painting I suspected was valuable and I wanted to know if it was a real and or valuable I would take it to an art dealer.
If I had a coin I suspected was valuable and I wanted to know if it was real and or valuable I would take it to a coin dealer.....

Maybe I am way off base here I dunno, but given the circumstances laid out in front of us I fail to see how this guy could be at fault.

 

You've overlooked the part highlighted in red in the previous post. It was not a "mutual mistake" in the sense of the precedent cited -- these were not two knowledgeable parties, both convinced that the coin was genuine. Based on the description of what happened, the seller was clearly uncertain of the coin's "genuineness" or value prior to the associate's offer.

 

+1 :thumb: ...well said!

 

If you read the OP's statements carefully, his coworker never said anything about taking it to get it authenticated. He only wanted to know if it had any value. His mistake!

The problem is that too many people here are reading things into the statements that are only speculation. If these remarks were made in a court of law, the judge would probably tell you to sit down and shut up.

Chris

 

Chris...just a wild guess, but you wouldn't happen to be a Democrat, would you? Nothing against Democrats, it's just that you seem to have a Democrat's way of thinking.

 

Nope! I'm a Republican/ex-bartender/poolplayer/retired. Besides, a Democrat would book a flight to Tahiti to have it authenticated and use your money to pay for everything.

Chris

 

LOL! ...touche encil: (ewww! images of Charlie Rangel passed out on a tropical beach...:dismay

 

I have never been asked when questioned by police what my political party was. Somehow, I don't think it makes much difference to the judge ?

gary

 

Interesting read. It sure seems like the dealer, or his associate, is one of the more active posters in this thread. :devil:

 

In some jurisdictions, if they know you're a Democrat, they double, no triple, the fine.

Chris

 

If the coin store accused him of fraud, there is no evidence that supports the accusation so my co-worker would be just fine. Sure there could be cameras that show him in the shop but hat doesn't provide the evidence needed, it just shows the events of what happened while he was in the store and it cannot possibly show in any way anything to do with committing fraud. Like you said, it is impossible to prove which coin passed hands so even if they could provide evidence that he was committing fraud(which he wasn't) that would be nullified because they can't prove the coin the store is claiming to be fake is actually in fact the coin my co-worker had in the first place.

 

When I asked him what coin it was, he told me and then said that his fiance's grandfather kept it in a case, so I am thinking he assumed it was special or of value in some way. I know I would have. I have nooooooo idea what I was thinking when I said double stamped tho haha, space-cadet much?!

 

That's exactly what I was thinking/said.

I like the last line hahaa pretty funny!

 

lmfao. That is hilarious. I looove the little devil at the end.

 

all crimes require intent, I see no intent based on anything in this thread therefore no fraud. If the seller had gone to one dealer and they said it was fake and then brought it to another dealer and played dumb that would be intent. At worst there could be civil penalties but that would require the dealer filing a civil suit for a very shaky case, if they have an attorney the attorney would probably write a demand letter and if nothing happens drop pursuing it further.

 

All crimes require intent? Really! How about asking the drunk who is now in jail for manslaughter. From this area, try asking the parents who were smoking crack and their house burned to the ground with their kids inside. They got charged with murder. Have you ever heard the expression "ignorance of the law is no excuse"? That one is serious.