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But Burdette turned up paperwork that show that some of them WERE transferred to the Cash window. We aren't talking an assay box or something like that. We are talking about a window office at the Mint where the general public could walk up and ask for new coins (or at least recent coins) and exchange for them at face value. In the case of gold at that time it had to be a gold for gold exchange. They couldn't pay out gold but they could exchange it. Shortly thereafter that was changed to no paying out of gold at all. I think what it will hinge on is how complete the cash window records are, and how they were kept. If they routinely recorded what denominations and dates were exchanged and no 33 double eagles are recorded then it will strengthen the governments case. If they just record amounts then it opens up the possibility that legal exchanges may have occurred. And if legal exchanges may have occurred then they would have to prove that those specific coins were not involved in any such exchange, and that they can not do.