Question about Daniel Carr offerings

I was joking

 

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His panda is awesome. It speaks volumes in one simple image. I don't have one yet but it is certainly on my list

 

I had one and sold it for a profit. That's the good thing about buying his stuff, it's easy to flip and turn a profit. Now, who don't like to turn a profit? Talk about profit, t he 1964 Peace Dollars, I bought my house with the profit! J/K And ppl was talking about them for months upon months!

 

I may research this more thoroughly if I have time later as the case law is sparse, and I would caution against over relying on it. To be clear, this is intended solely as an academic discussion and not advice. It is not meant to be exhaustive. Many federal judges are loathe to over rely on legislative history especially when other canons of interpretation may provide different results. I found only one case as to 18 U.S.C. 485:

In United States v. Falvey, 676 F.2d 871 (1st Cir. 1982), the First Circuit interpreted the second paragraph of 18 U.S.C. 485 as applied to foreign coins to contain the same limitations as the first, specifically with regards to a foreign coin being current in the United States or in actual use/circulation. Relying on legislative history, it did find that South African Krugerrands do not fall within the ambit of 18 U.S.C. 485 even though it was the current coinage of South Africa.

@dcarr @Andy Herkimer

With that said, you still must still contend with 18 U.S.C. 489. Interestingly, with the latter, it has been interpreted to apply only to currently existing countries and governments. See U.S. v. Gertz, 249 F.2d 662 (9th Cir. 1957). Using the rationale of Gertz, the 1949 date for China would seem meaningful. Here is the text of 18 U.S.C. 489:

Whoever, within the United States, makes or ... possesses with intent to sell, give away, or in any other manner uses the same, except under authority of the Secretary of the Treasury... any token, disk, or device in the likeness or similitude as to design, color, or the inscription thereon of any of the coins of the United States or of any foreign country issued as money, either under the authority of the United States or under the authority of any foreign government shall be fined under this title.

And of course, you must still contend with the Hobby Protection Act, 15 U.S.C. 2101, et seq. The FTC rules contemplate foreign coins, and of the three court/commission opinions addressing the issue, two of them have included foreign issues.

Good night!

 

That is actually pretty interesting, and almost worth slogging through 50 pages of the same old arguments to get to. If the theory implied by your analysis is correct, it would not be considered counterfeiting per se to make fake ancient coins (although it would violate the HPA if the pieces were not properly marked).

 

While the coins in Gertz were those from Hawaii prior to its acquisition/annexation, it does specifically discuss ancient coins in the opinion and states that such a broad interpretation would raise constitutional questions.

 

Even more interesting. I haven't yet read the decision, but I may have to look it up tomorrow.

 

Yeah, but some of it is really, really good original material -- witness the posts immediately preceding this one. I'm not leaving while there's stuff like this showing up.

 

Only 11 to go.

 

Meaningless and the same old drivel. That is to prosecute someone attempting to create their own currency or cointerfit authentic currency for use in commerce. Not for someone altering existing coins with non-fraudulent fantasy dates for novelty purposes.

 

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What?

 

You have a 64d Peace? I only have the 65d

The 3 top pieces on my list that I don't have yet are the 64d Peace, the 2009 "Proofed" Silver Eagle (die pair 2 with thick DC mark), and the 2012 Panda.

 

Yes, but the reverse on my peace seems a little off. Maybe just my imagination.

 

So who is going to start producing counterfeit Dansco Albums to hold all these fantasies?

 

Made in China.

 

I need that 09 also. Might as well figure around $400 to be safe.

 

Same here, I saw one one EBAY last night, can't remember how much though. I suppose someone that doesn't know it's not a real S.A.E. Will get it.

 

The program has been suspended over a year now, after an initial suspension in 2015 of six months. Then in April 2016 with a renewal notice they suspended it indefinitely. There was a public comment period which expired last month I believe November 15th. Ironically enough it was suspended because Chinese importers were apparently shipping in counterfeit mutilated coins for redemption.

 

Let's get it over with

 

1000.