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TX-RAT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:25 AM
Original message
Family Sues US Mint Over Rare Coins
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:30 AM
Response to Original message
1. The family doesn't have a legal leg to stand on. The coins were stolen.
It doesn't matter if they were stolen yesterday,
or 73 years ago; they remain the legal property of the Mint.
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TX-RAT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:33 AM
Response to Reply #1
4. Have to agree with you.
If they can prove they were in fact stolen.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 11:05 AM
Response to Reply #4
11. Well, they don't have to 'prove' theft, since NONE were ever legal to possess.
Since the Mint never altered the legal status
of the coins to "in circulation", ANY of them
in private hands are being held illegally. It's
not even a question.
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TX-RAT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 11:17 AM
Response to Reply #11
13. Hard to argue with that.
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Tyler Durden Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:35 AM
Response to Reply #1
5. I believe everthing but murder has a "Statute of Limitations."
If this is NOT the case, I think we'd better watch out, because if I were a Native American, I'd be waiting to see how THIS one comes out.

"Pull up stakes and VAMOOSE, White Man."

Just my opinion.
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:36 AM
Response to Reply #1
6. actually it depends
If the mint had insurance and the insurance paid, then it would be the insurance company, not the mint, who was due the money.
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 11:38 AM
Response to Reply #1
15. Apart from the precedent the Mint set 4 years ago, that is
A handful escaped, however. Two were deliberately set aside and are at the Smithsonian Institution. The Mint has said any others in existence were obtained illegally, but agreed after a lengthy court battle to allow one of the coins to be sold at auction in 2002 for $7.59 million the highest price ever paid for a coin after its owner agreed to split the proceeds with the Mint.


So there clearly was a legal leg to stand on 4 years ago.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 01:11 PM
Response to Reply #15
19. That precedent PROBABLY doesn't apply to any other Double Eagles.
The Secret Service had tracked down and seized 8 of
them by the 1950s, but number 9 eluded them due to
a very unique set of circumstances.

Number 9 was in the possession of Egypt's King Farouk,
and there was some serious political pressure to overlook
a lot of stuff he was doing at the time.
Rather than "make a Federal case out of it", the USA
eventually chose to deal with it through Diplomatic channels;
they ASKED him politely to return it.

He politely said "No".

Further confusing the matter was the fact that Farouk had
applied for, and received, an EXPORT LICENSE to take the coin
out of the USA.
Apparently, whoever processed his paperwork was unaware of
the special status of that coin, and had simply approved it
as just one more form among many. (King Farouk bought A LOT
of collectibles which required routine paperwork)

So, in the 2002 case, it was being argued that all of these
factors added up to "The Government gave approval for
this coin to be on the market".

All the evidence was really a confusing, contradictory mess;
a HUGE can of worms that no one really wanted to open after 50 years.

Neither side had any certainty that the case would go in their favor,
so they both agreed COMPROMISE was the safest solution.

The decision reached in that case was UNIQUE, and applies ONLY
to the Farouk specimen. There's very little there which will
be of any use to the plaintiffs in this new case.

The existing precedent for these 10 seems fairly clear- the
SS seized the last 8 and kept them, and there's really nothing
that's gonna make these 10 any different in the eyes of the law.
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 11:45 AM
Response to Reply #1
16. But the mint undercut its own position with the 2002 agreement
mentioned in the article - that coin was also stolen, but they agreed to split the sale value with the possessor. That established precedent. The possessors of the new cache have every right to expect the same treatment as the first received.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 01:14 PM
Response to Reply #16
20. The 2002 coin had special "issues", these do not. Please see my post #19 above.
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 01:40 PM
Response to Reply #1
24. You cannot make such a blatant, blanket statement without the case going to court.
Who knows what happened back in the day. These could have been misplaced, fallen off the truck, whatever, and found by somebody. A U.S. Mint supervisor could have granted permission(yes that would have been a mistake, but it would also mean that they weren't stolen) for another employee to snag a few.

This is America friend, you simply can't declare that somebody, somewhere committed a crime without evidence. It is how our system of justice works.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 03:21 PM
Response to Reply #24
26. These is the internets, where blatant blanket statements can still roam free!
Of course, you are correct about ONE thing- I cannot
say that the coins were ACQUIRED via a criminal act.
(That's why I have not done so, although I really do ASSUME that they were)

No one can say that, since NO ONE has ever shown exactly
what happened between the Mint and the deceased gentleman's
safety deposit box. That story is lost; everyone who ever knew it
apparently felt it was best not to tell it.

But POSSESSION is a different story entirely.

The coins are quite simply, clearly, and directly NOT LEGAL TO POSSESS.
Therefore, they are not possessed LEGALLY.


(Pharmaceutical companies LEGALLY manufacture and utilize pure amphetamines;
but if some gets "misplaced, or falls off a truck", that don't make
it legal for me to pick it up and auction it off, now does it?
)

Only THREE of those coins actually have LEGAL PERMISSION to even EXIST.
Two were specifically given to the Smithsonian, and can never legally
be sold or transferred.

The famed "King Farouk Specimen" presented such a tangled Gordian Knot
of provenance and precedents that not even the US government wanted
to deal with it in court, (and ain't THAT sayin' something right there!)
so a case-specific, non-general compromise was reached which
included a very SPECIFIC, LEGALLY BINDING statement that that PARTICULAR coin
was a UNIQUE commodity which could be traded legally.

The only "precedent" which applies to the latest 10 examples discovered
is the same "precedent" which applied to the first 8: The law as written.

The law says NO ONE can have any. Period, end of story.

The law is CLEAR, and it makes -NO- exceptions for
Grandpa's cobwebbed deposit box, winking shift-managers at the Mint,
or defective latches on armored-car doors.
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bryant69 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:30 AM
Response to Original message
2. We can't raise taxes on the rich; we have to find someway to pay
for President Bush's military adventures.

Bryant
Check it out --> http://politicalcomment.blogspot.com
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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:31 AM
Response to Original message
3. Mistake was handing them over to the US Mint.
Edited on Wed Dec-06-06 10:34 AM by roamer65
They hafta be nuts if they thought they'd get them back. The Mint even got nasty with people who found 1943 real copper pennies, and they were legitimate mistakes that got into circulation.
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mtnester Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:37 AM
Response to Reply #3
7. And everyone over the age of 8 months old knows
Possession is 9/10ths of the law.

Bye bye coins. Sorry for the family.
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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:45 AM
Response to Reply #3
8. Exactly! I can't believe all the suckers who turned their gold over
to the gov't in the first place. Would anyone do it today?
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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:50 AM
Response to Reply #8
10. Heck no.
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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 10:45 AM
Response to Original message
9. Just wait until a 1964 Peace dollar emerges.
Edited on Wed Dec-06-06 10:46 AM by roamer65
Rumor still has it that some are "out there". The Mint even let employees buy them as they were being produced, then told the employees they wanted them back when the decision was made to discontinue production. Theory is that some Mint employees switched older dollars for their 1964's since the Mint handled the returned coins by weight only. They didn't check the dates.

The Mint is ESPECIALLY neurotic about the '64 Peace dollar.
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ileus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 12:30 PM
Response to Reply #9
18. I love peace dollars, I've bought several this year...
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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 01:25 PM
Response to Reply #18
23. I love silver dollars, too. My Carson City collection is my pride and joy.
All 13 years of Morgans from that little branch mint that invokes so much history.
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geomon666 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 11:13 AM
Response to Original message
12. You have to be a damn fool to think they're going to give back the coins.
They're probably already destroyed. What the hell where you doing handing them over anyway? You had at least 70 million dollars worth of coins and you just gave them up. I'm sorry, but these people are morons.
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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 01:20 PM
Response to Reply #12
22. Nope. The Mint displayed them at the last large coin show in Denver.
All 10 of them in a very elaborate showcase. I saw pictures of them. The Mint plans to use them for publicity and when not in use they're storing them at Fort Knox. They're probably the only gold left in Fort Knox.
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bpeale Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 11:24 AM
Response to Original message
14. I woulda handed over only 1, not all 10! that was just stupid
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ileus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 12:26 PM
Response to Original message
17. they allowed one to be sold...
That sets a precedent I would think.

Being a collector this is a great topic we've all been following for some time...
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 01:17 PM
Response to Reply #17
21. That precedent only applies to the Farouk specimen. Please see post #19 above.
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Smooth Operator Donating Member (153 posts) Send PM | Profile | Ignore Wed Dec-06-06 02:43 PM
Response to Reply #21
25. David Tripp wrote about this
in his book Illegal Tender : gold, greed, and the mystery of the lost 1933 Double Eagle.

According to various accounts, Israel Switt had many contacts and friends within the Philadelphia Mint, and reportedly had access to many points of the minting process. It is believed that Switt obtained the stolen 1933 Double Eagles through his personal relationship with Mint Cashier George McCann. (One possible theory is that McCann swapped previous year Double Eagles for the 1933 specimens prior to melting, thereby not compromising accounting books and inventory lists.)

As described in the January, 2006 edition of COINage, some in the numismatic world have advanced an argument that Switt could have legally obtained the 1933 coins when he was exchanging gold bullion for coins. He did that often, and although the Mint records clearly show that no 1933 Double Eagles were issued, there were allegedly three weeks in March 1933 when new Double Eagles could possibly have been legally obtained.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 03:58 PM
Response to Reply #25
27. Thanks for mentioning that. One of many "maybes" that led to the "Farouk Specimen" decision.
Actually, reviewing my own posts on this thread, I realize
that I may be coming across as being in favor of these coins
being melted down.

And the truth is, that's not true.

I am totally AGAINST any destruction of rare collectables, just for starters.
As far as we know, only 13 exist- destroying 10 of them is not just WRONG,
not even a "crime"...it would be a SIN, IMNSHO.

Hey, was a CRIME committed somewhere along the road between the Mint
and Israel Switt's safe deposit box? Almost certainly.

But are the people who COMMITTED that (alleged) crime dead and gone?
Definitely so!

And what HARM did that (probable) crime cause? On paper, a $200 loss to
the U.S. Federal Government:
In the "Farouk Specimen" case, the Mint demanded COMPENSATION for the coin;
the anonymous buyer who paid over 7.6 million dollars for the coin
also had to cut a $20 check to the US mint for the "actual book value"
of their "loss".

So, why not let these folks pay the Mint the $200 for the LEGAL, ESTABLISHED "face value"
of the coins, and stop WASTING our tax dollars in an attempt to DESTROY
some rare pieces of US history?

So, the Mint got ripped off for $200 over 70 years ago. I accept that.
Whoever did it, got away with it. They went to their grave without being
prosecuted for that theft, and that's just the way it is.

But, does it serve any sort of JUSTICE... is that picayune $200 crime in any way
rectified....by spending many THOUSAND$ of dollars to have Government Lawyers
fight to DESTROY Seventy Million dollars worth of unique, irreplaceable Americana?

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roamer65 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-06-06 04:19 PM
Response to Reply #27
28. They're not gonna destroy them.
Edited on Wed Dec-06-06 04:28 PM by roamer65
They'll use them as "advertisements" at coin shows as they did at Denver. A Mint display of these coins sells their other products. This, I'm sure, is the primary reason behind keeping all of them. The Mint saw "promotional" gold.
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