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<p>[QUOTE=&quot;jmon, post: 25692046, member: 19422&quot;]While I appreciate his opinion about that position being legally defensible, there are many people and companies that would prove that stance false. One of the memorable instances to me was backpage. The site was taken down and seized by the government because sex trafficking was occurring there. Following that the CEO was charged and prosecuted. While, I believe, he did eventually prevail on the sex trafficking charges, he did end up in prison and the site was taken down. There are many differences here, and I&#039;m certainly not accusing eBay of sex trafficking, but... they have a legal quagmire IMO.</p><p><br /></p><p>18 U.S. Code § 485 - Coins or bars:</p><blockquote><p>Whoever falsely makes, forges, or counterfeits any coin or bar in resemblance or similitude of any coin of a denomination higher than 5 cents or any gold or silver bar coined or stamped at any mint or assay office of the United States, or in resemblance or similitude of any foreign gold or silver coin current in the United States or in actual use and circulation as money within the United States; or</p></blockquote><p><br /></p><blockquote><p>Whoever passes, utters, publishes, sells, possesses, or brings into the United States any false, forged, or counterfeit coin or bar, knowing the same to be false, forged, or counterfeit, with intent to defraud any body politic or corporate, or any person, or attempts the commission of any offense described in this paragraph—</p><p><br /></p><p>Shall be fined under this title or imprisoned not more than fifteen years, or both.</p></blockquote><p><br /></p><p>Now, is eBay dealing in these counterfeits? They could argue they&#039;re not. But, at a minimum, they are knowingly facilitating the sell of them provided it can be proven they were given notice of the counterfeits.</p><p><br /></p><p>I also believe eBay may be liable under 15 U.S. Code § 2101 </p><p><br /></p><blockquote><p>(b) - Coins and other numismatic items.</p><p>The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce, or the sale in commerce of any imitation numismatic item which is not plainly and permanently marked “copy”, is unlawful and is an unfair or deceptive act or practice in commerce under the Federal Trade Commission Act [15 U.S.C. 41 et seq.].</p><p><br /></p><p>and:</p><p><br /></p><p><br /></p><p>(d)Provision of assistance or support</p><p>It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).</p><p><br /></p></blockquote><p>Again, I am not an attorney so may be incorrect in my assumptions here. However, I have seen many instances in my years where a person or business was prosecuted because they knew, or should have known, something was illegal. They may not have been the sole actor, and may have played nothing more than a supporting role, but they were still prosecuted... eBay, here, in my opinion, is begging for a legal smackdown if they do not take substantial action to curtail and dissuade the sale of counterfeit coins (or any counterfeits) on their platforms. Claiming it was too expensive, they didn&#039;t know, etc., is only going to provide so much cover.[/QUOTE]</p><p><br /></p>

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