I am seeing this on ebay and wondering if this is legal to sell ?? The item number is 192028738669 1926 Oregon Trail Commemorative Half Dollars
No, it is definitely illegal. He shows a picture of an authentic coin, but says in the description that he's selling a fake. This is a highly deceptive listing, and I'll bet the counterfeit is not properly marked as a COPY in accordance with the law.
There's only two illegalities happening here. One, an unmarked counterfeit is being offered for sale in the US. Two, the agency directly responsible under HPA for policing such stuff - Ebay - is refusing to comply with the law by providing a functional system for preventing it. The guys in China can do whatever they want, because US law doesn't apply to them.
No, it's an "honestly" listed Chinese counterfeit in the sense that the seller is in China and declares it a fake in the description. It uses the second image posted in this thread: http://boards.collectors-society.com/ubbthreads.php?ubb=showflat&Number=8492769 The fact that it's still there proves Ebay's lack of interest in meeting its' legal responsibilities under HPA. It's been reported.
That is one thing that we agree on. Even Dan has mentioned eBay's abuses. They still allow NORFED pieces after being told by the U.S. Secret Service to stop.
This is, quite frankly, what bothers me most about the intensity of those who disagree with the character of Dan's work. In the absence of definitive legal opinion from the people who count - those responsible for enforcing the law - all we can have regarding Dan's stuff is opinion. And differing opinion must be allowed by the standards of civilized human interaction, which stays my hand (well, somewhat ) when I interact with those I disagree with on the subject. But it all amounts to a tempest in a teapot, when Ebay is the skyscraper next door burning on twenty floors. Even worse, the law is written and in place - the 2014 revisions to HPA specifically call out venues which facilitate the transfer of counterfeits: If providing a huge worldwide venue for such sales, absent an efficient and responsive system for removing them when duly reported, isn't "substantial assistance or support," I don't know what is. Yet, with people being fleeced every day on Ebay, some of the sharpest and most activist minds in numismatics (frankly, yourself included) are wasting their efforts campaigning against Dan Carr's work, from which nobody has evidence of it ever being used to deceive a buyer. Does the possibility of a deceptive sale of a Carr creation exist? Of course it does. But when the initial buy-in is what Dan charges, his stuff doesn't lend itself to the "get rich quick" mentality of the counterfeiter. It's simply not possible for any large scale abuse of Dan Carr's work to occur. I've no idea if we can bend Ebay to our will and force them to implement an efficient anti-counterfeiting system. How would I? I'm a voice in the freaking wilderness on the topic. Heaven knows I've tried; I've spammed FTC and the individual Congressional members of the Commission. While at the same time, people whose voices carry weight of eloquence and experience are concentrating on Dan Carr. It's frustrating.
Last time I checked the Appeals courts ruled the NORFED pieces be returned to their owners. The Secret Service does a lot of great things, but no law enforcement agency is above reproach. eBay does have a lot of work to do and could do much more than they do, I do not believe that is an area of criticism though http://www.coinworld.com/news/preci...-return-millions-in-liberty-dollars-.all.html
I just read an article that the government is taking a close look at Dan Carr's 1964 fantasy Morgan Dollar. From what I read his defense is that it can't be counterfeit if the coin was never made by the US Mint in the first place. Yes, the mint did make 1964 Peace-Morgan dollars, but they were ordered to be melted and none were released to the public. I have quite a few of Dan's pieces, I even have one that he minted from a quarter blank he found while refurbishing the Denver press, and I think that he is not in the category of counterfeiter and should be left alone. I also have, signed and slabbed, the state quarters he did for the mint. The FTC just strengthened it's HPA regulations due to new changes made by Congress, and before I'm asked it's in the Coin World November 21, 2016 issue.
The HPA also allows for private enforcement via a suit commenced in federal district court. There are cost, however, which is the one thing that has held me back from going after some of the more flagrant violators. Even doing my own legal work, there are still many fees or potential fees involved especially when you consider the likely appeal that would result (by either side).
