Why wasn't this artist arrested for making multiple counterfeit U.S. cents?

http://nowiknow.com/when-a-penny-saved-is-ten-thousand-pennies-earned/

“Manufacturing counterfeit United States currency or altering genuine currency to increase its value is a violation of Title 18, Section 471 of the United States Code and is punishable by a fine or imprisonment for up to 15 years, or both.

Possession of counterfeit United States obligations with fraudulent intent is a violation of Title 18, Section 472 of the United States Code and is punishable by a fine or imprisonment for up to 15 years, or both.

Anyone who manufactures a counterfeit U.S. coin in any denomination above five cents is subject to the same penalties as all other counterfeiters.”
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The quote is from a website I have never heard of.

A U.S. Government website reference to Title 18, Section 471

"§471. Obligations or securities of United States
Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both."​

A U.S. Government website reference to Title 18, Section 472

"§472. Uttering counterfeit obligations or securities
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both."​

 

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After reading this area of the code.

"Anyone who manufactures a counterfeit U.S. coin in any denomination above five cents is subject to the same penalties as all other counterfeiters.”

It doesn't seem that his intent was to defraud,
Or Maybe I am just trying to rationalize the situation.

 

Yeah, but I don't *see* that part about "above five cents" in the current legislation.

 

Maybe he just wasn't a big enough fish to fry?

 

A penny isn't really currency by any sane definition and they wouldn't want to argue this in court.

Besides they mightta hoped his creations would circulate.

 

"...any obligation or other security of the United States,..."

 

One can certainly make the argument that a deed worth more than the property or a coin that worth less than its face value is NO OBLIGATION AND NO SECURITY.

It would be madness piled on madness to make a "coin" worth more than its face value and then prosecute for "counterfeiting" it.

In our world things work on politics and it's politically unwise to establish in a court of law that government is issuing securities and obligations that represent no value at all or even less than no value in this specific case and they are issuing these "obligations" by the billions and when they get thrown away, they issue another to replace it.

How can anyone possibly "counterfeit" garbage?

History would frown. They will anyway but injustice applied to individuals gets far more notice by history.

 

Because obviously there was no fraudulent intent.

 

Because he is small fries compared to certain counterfeiters that frequent these forums. If they don't prosecute real counterfeiters such as them, why would they prosecute small-timers like this guy?

I predict this thread self destructs in 4.....3.....2.....1......

 

@physics-fan3.14 what grade do you give this one?

 

No Grade. Counterfeit.

 

That is completely understandable, and within what I believe to be the statute.
Art work is, and has been a part of every culture since the beginning of time, when the right, to be an entrepreneur, has been taken away from this country.
Neither You, or I, will be FREE.

 

Why do you feel the need to say this kind of thing? You know it only starts arguments and has no constructive value.

The bottom line is there is no value in prosecuting this person. He created a few fake cents and spent them as basically a scavenger hunt. While technically illegal...so is driving 26 in a 25 zone. But, nobody gets in trouble for it because it's not worth the expense to prosecute it. It would be a complete waste of time and money to do so.

 

Being a Libertarian, I'm very generous with my opinions of the freedoms and Liberties that I believe the Constitution grants the people.

Coining money, however, is very clearly one of the federal responsibilities. Anyone who encroaches on that treads heavily on the liberties of this country.

 

I have Libertarian friends who would disagree with that second statement as it appears no where within the constitution.

The bottom line is this or what your friend @dcarr is doing is in no way an effort to defraud or otherwise coin real money.

 

Uhhh.... it is very clearly stated in the US Constitution, Article 1, Section 8, Clause 5, that the Congress has the power: "To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;"

I don't know how you argue with that.

The follow up Clause 6 really hits home: "To provide for the Punishment of counterfeiting the Securities and current Coin of the United States"

Previous threads have dealt with Dcarr's sins ad nauseum, so I feel no need to repeat those arguments here.

 

But again he is not counterfeiting real coins. None of his creations are of real coins. That was my point. You can’t counterfeit something of which there is no original.