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1944 Gold Coin Treasury Memorandum (& other cool stuff)
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<p>[QUOTE="GoldFinger1969, post: 26811345, member: 73489"]There are what appear to be some contradictions. I'm not a lawyer, and the ability to determine what is "controlling" and what is "dicta" is key. </p><p><br /></p><p>Section 20 cited above focuses on <b><span style="color: #0000ff">"recognized special (numismatic) value" </span></b>with the exception of Quarter Eagles ($2.50 gold coins).</p><p><br /></p><p>Section 20 is then said to NOT authorize any holdings which were not considered "rare" under the key <b>Gold Reserve Dates of April 5th, August 28th, and December 28th 1933. </b> The coin had to be "rare" at that time.</p><p><br /></p><p>But.....the ending of the memorandum states a bunch of conditions for determining "rare" or "special value" as examined by collectors/numismatists....and ultimately... these coins are expected to sell at a premium to gold @ $35/oz.</p><p><br /></p><p><b><span style="color: #ff0000">It then sums up everything with: </span></b> the Courts are going to want to see an INTENTION to violate the GRA....and if you have someone paying a premium you're going to have difficulty with intent. It cites a 1937 case <b><i>"U.S. vs. 98 $20 United States Gold Coins" </i></b>which I believe is the Israel Switt case where his briefcase full of $2,000 in double eagles was seized. The case said the government had to prove an INTENTION -- burden of proof on the feds.</p><p><br /></p><p>Ergo....if someone paid a premium....the govt has an uphill battle and Treasury higher-ups are saying it's not worth it to go for forfeitures in this case. </p><p><br /></p><p>Ergo....stay away from coin collectors, dealers, and numismatists transacting in premium-priced coins. <img src="styles/default/xenforo/clear.png" class="mceSmilieSprite mceSmilie7" alt=":p" unselectable="on" unselectable="on" />[/QUOTE]</p><p><br /></p>
[QUOTE="GoldFinger1969, post: 26811345, member: 73489"]There are what appear to be some contradictions. I'm not a lawyer, and the ability to determine what is "controlling" and what is "dicta" is key. Section 20 cited above focuses on [B][COLOR=#0000ff]"recognized special (numismatic) value" [/COLOR][/B]with the exception of Quarter Eagles ($2.50 gold coins). Section 20 is then said to NOT authorize any holdings which were not considered "rare" under the key [B]Gold Reserve Dates of April 5th, August 28th, and December 28th 1933. [/B] The coin had to be "rare" at that time. But.....the ending of the memorandum states a bunch of conditions for determining "rare" or "special value" as examined by collectors/numismatists....and ultimately... these coins are expected to sell at a premium to gold @ $35/oz. [B][COLOR=#ff0000]It then sums up everything with: [/COLOR][/B] the Courts are going to want to see an INTENTION to violate the GRA....and if you have someone paying a premium you're going to have difficulty with intent. It cites a 1937 case [B][I]"U.S. vs. 98 $20 United States Gold Coins" [/I][/B]which I believe is the Israel Switt case where his briefcase full of $2,000 in double eagles was seized. The case said the government had to prove an INTENTION -- burden of proof on the feds. Ergo....if someone paid a premium....the govt has an uphill battle and Treasury higher-ups are saying it's not worth it to go for forfeitures in this case. Ergo....stay away from coin collectors, dealers, and numismatists transacting in premium-priced coins. :p[/QUOTE]
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