Question about Daniel Carr offerings

Discussion in 'Coin Chat' started by davidh, Dec 8, 2016.

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  1. eddiespin

    eddiespin Fast Eddie

    OK, I looked at these links, and they're pretty impressive. Do you know if he has any competitors (...besides the U.S. Mint, lol)?
     
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  3. Coinchemistry 2012

    Coinchemistry 2012 Well-Known Member

    Yes, I agree. I think vague statutory language is even worse, and it gives rise to circuit conflicts and conflicts among federal agencies who have joint jurisdiction to administer statutes.

    In any event, I do think there is one very important clarification. I found the quoted language in your original post. It is from the Federal Register in response to public comments that the FTC regularly solicits from the public on federal administrative regulations. While it is persuasive, and has been cited by myself and others as such (and the FTC itself cites these at times in its official opinions), it is not an official "decision" of the commission and has no precedential effect. What is binding and what does have precedential effect is the decision in In re Gold Bullion Int'l that the Federal Register entry references, and the FTC merely summarizes its long opinion in In re Gold Bullion Int'l ("GBI" herein) in the Federal Register notice that was quoted.

    In the GBI case, the respondents produced foreign coins with fantasy date variations. For instance, it would produce a coin that is an exact or close copy of the original coin except for the date. The GBI respondents merely changed the last digit of the date to a fictitious date when no official coins were issued by the government. In deciding a question of first impression, the commission held that the law was silent on the definition of "reproduction" or "copy," but that existing case law did provide plenty of insight as to what constituted a counterfeit coin. Analyzing the then existing case law concerning the federal counterfeiting statutes (much like I have done, but without the updates), and noting (as I have several times) that counterfeits need not be exact copies of the original, the commission found that merely changing the date to a fictitious date was insufficient to deprive the resulting fantasy/novelty coin of its status as a counterfeit. The respondents parroted Carr's arguments about the date being a give away and that a purchaser could easily check out a reference book like the Krause catalog. The commission responded:


    P.S. I can pull the citations if you wish to pull the opinion and read it.
     
  4. Coinchemistry 2012

    Coinchemistry 2012 Well-Known Member

    The Chinese and the Royal Oak Mint. The latter makes fantasy overstrikes that actually comply with the HPA. I find it unfair that ROM is burdened with complying with the law and administrative regulations, but Carr ignores them without consequences (at least for the moment).

    Ironically, Carr's supporters effectively targeted ROM by reporting its listings to eBay when ROM said that the coins were fantasy overstrikes similar to those produced by Carr. It never suggested the pieces were made by Carr. It never infringed on Carr's non-existent intellectual property rights (after all Carr loves to point out, albeit correctly, that the designs are in the public domain).
     
  5. -jeffB

    -jeffB Greshams LEO Supporter

    I honestly appreciate the offer, but it would probably be a pointless exercise, given my level of understanding of legal terminology. (I try to be mindful of my limitations.)
     
  6. Insider

    Insider Talent on loan from...

    OMG! Stupid is as stupid thinks and this IS A STUPID idea.

    You need to get more informed. At least half of your post is false. IGG slabs ALL of Mr.Carr's artful creations.
     
  7. baseball21

    baseball21 Well-Known Member

    IGG?
     
    Insider likes this.
  8. eddiespin

    eddiespin Fast Eddie

    No copyright, that's correct. By law, government can't acquire it in a lot of things. Think of the marketing he's getting in these controversial threads, though. I for one never even heard of him until I got in these coin forums. And while I heard of China, this is the very first I think I heard of the Royal Oak Mint. Keeping this controversy alive is paying off for him. But Justice has him any time they want, I think, they just don't want him, as he's small potatoes.
     
  9. Insider

    Insider Talent on loan from...

    Unfortunately, a majority of Top 100 VAMs in low grade are virtually worthless. I searched through F-VF Morgans and found over a dozen neat top 100 variety coins. Had them certified by ANACS and even the AU's sold in a well regarded online auction for a few dollars over melt! Most I got was $45 for one. The coins are out there and any dealer buying "bulk" dollars gets them only they don't look for them and now - lesson learned, I DON'T either. :jawdrop:
     
    Last edited: Dec 11, 2016
  10. Coinchemistry 2012

    Coinchemistry 2012 Well-Known Member

    There is a lot of wisdom in your last sentence. In my opinion, it is a miscarriage of justice that Von Nothaus was convicted for doing much less and has a criminal record while someone else makes almost perfect emulations of U.S. coinage and is venerated by many. Other than "Liberty," the date, and "TRUST IN GOD" (not IN GOD WE TRUST), the NORFED pieces had zero similarity to official coinage. At least the statute of limitations is continuously tolled by the production of additional pieces (civil or otherwise). The DOJ under Obama apparently hasn't paid attention or has chosen to remain silent; maybe it will be different under a Trump administration. It is not unusual for new presidents to pick new federal district attorneys for each district.
     
  11. Cascade

    Cascade CAC Grader, Founding Member

    To quote Dave Hester... Yuuuuup
     
  12. -jeffB

    -jeffB Greshams LEO Supporter

    I'd offer my opinion about our prospects for a bright new dawn of consumer-protection enforcement, but I'm not currently in the market for a vacation. ;)
     
    Paul M. and Coinchemistry 2012 like this.
  13. baseball21

    baseball21 Well-Known Member

    Or they disagree with the opinions you have provided.
     
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  14. eddiespin

    eddiespin Fast Eddie

    Really? Geeze, I'd think ANACS-attributed Top 100s would go like hotcakes. What a bummer. But you learned, however much it cost. There's the positive in it. Take the lesson, move on. :)
     
  15. Insider

    Insider Talent on loan from...

    ????? Please explain and who is Mr. Hester?
     
  16. baseball21

    baseball21 Well-Known Member

    A guy on the Storage Wars tv show
     
  17. Insider

    Insider Talent on loan from...

    The thrill was finding them! And being able to buy them on the cheap around $32-$35 over a period of time. The auction was about 6 mos ago. I had about $500 in the group and each one was "worth" between $120 and $175 in the VAM price guide for the grade. I expected to double my money; yet lost almost $100 after all said and done! :bigtears:

    Lessons Learned: If the things are so easy for me to pluck out of bulk dollars, they can't be worth much to the dealers who throw them into the bags to begin with! ...and price guides are just that. :wacky:
     
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  18. desertgem

    desertgem Senior Errer Collecktor Supporter

    Kill the political comments. It doesn't matter if the elections are over, Political posts are still political posts. Thanks, being banned over the Holidays are sad indeed.
     
    Kentucky likes this.
  19. Coinchemistry 2012

    Coinchemistry 2012 Well-Known Member

    @-jeffB - I see your point. I'll leave it there since my original reply was nuked.

    No political commentary intended.
     
  20. eddiespin

    eddiespin Fast Eddie

    So much for the price guides! Lol!
     
    Insider likes this.
  21. TheMont

    TheMont Well-Known Member

    As a coincidence, there is an episode of South Park on TV as I write this. It deals with one of the regulars being a "Troll". I do believe that one of the participates of this thread is acting as a "Troll" and horsing around just for the laughs.
     
    Paul M. and CamaroDMD like this.
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