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Replies: 53 / Views: 7,271 |
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Moderator
 United States
189142 Posts |
Oh boy. What a mess. So much fail on both sides, yet some of us still choose sides. I do not see any winners here and everyone involved in this case looks bad. 
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Bedrock of the Community
United States
17884 Posts |
Quote:BTW, the 1913 V nickels do not belong to the government. As in this case, they are past the deadline for filing a claim. Whether they were manufactured illegally and stolen to begin with doesn't matter at this point. Nope, the coins were clearly made through unauthorized use of government property and that property was taken away without authorization making them stolen government property. (There was no way a 1913 V nickel could legally be made and kept.) Even though over a hundred years have passed they are still government property. The government could seize them, the current holders could sue for their return and THEN (under the laws cited in the Lanbord decision) the government has 90 days to file a forfeiture claim with the court in order to keep them. That 90 day deadline does not start until AFTER the current holder appeals the seizure. The current holders can't be prosecuted for the theft (although an argument could be made for receiving stolen property) because the statute of limitations for that has expired. But if the government wanted to go to court and argue they were stolen they would have a much stronger case than they do on the 1933 double eagles and if they are determined to be stolen they would still be government property.
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Moderator
 United States
23522 Posts |
Quote: The thing about the market price is that it's set by a willing buying and a willing seller. Absent either being willing, it's not a market price. Get past the ideology and research the reality. The government in the US did not stop dictating the price of gold until the Nixon administration. It's only during your lifetime that gold was allowed to free-market, in 200 years. It's a relatively new concept, letting people decide what gold is worth.
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Pillar of the Community
United States
1913 Posts |
Conder101, thanks for the clarification regarding the 1913 V nickels. I misremembered things, so I was wrong. Quote: Get past the ideology and research the reality. The government in the US did not stop dictating the price of gold until the Nixon administration. It's only during your lifetime that gold was allowed to free-market, in 200 years. It's a relatively new concept, letting people decide what gold is worth. If freedom and liberty are ideology, then consider me guilty. Nothing wrong with it in my opinion. Just because it went on from Roosevelt to Nixon, that doesn't make it right. Throughout history people have owned gold and decided themselves what it's worth, so it's not a new concept in the big scheme of history. Kings/tryants have tried to control the precious metals markets so they can get a cut and exercise power over people. It was not done for the benefit of people, but rather at their expense. If someone has a problem with me owning a piece of metal that doesn't harm them or me, then something's wrong with them.
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Moderator
 United States
23522 Posts |
Well, the only plausible alternative to fiat currency is the government dictating the price of precious metal. That's why they did it.
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Pillar of the Community
United States
1913 Posts |
Which should illustrate why tying an economy to one commodity has definite pitfalls. Sure, fiat currencies are subject to be manipulated by those in power, but changes in commodity prices caused by seemingly insignificant events can wreck an otherwise stable economy. We can control abuse by those in power if we choose to. We can't control commodity markets near as easily.
I look at it this way. Does digging something out of the ground and then storing it in a vault somewhere that I can't withdraw from make any more sense than fiat money? Not in my opinion.
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Pillar of the Community
United States
2589 Posts |
Conder101, if the coins had been stolen from a private collection, ownership would have moved to the Swift estate due to adverse possession laws. However, federal property under ordinary circumstances cannot have ownership pass due to adverse possession. So there actually is a statute of limitations on recovering stolen private property, but not stolen federal property (and most state government property as well).
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Valued Member
United States
73 Posts |
hard to say who is in the right here as the coins may have been stolen, purchased, or swapped for previous year double eagles; with or without the knowledge of the person in authority.
i can see either side ending with the coins as a benefit to the coin community, and certainly the advertisment of the case from news sites has helped to spread interest and awareness. just another notch in the belt of the most controversial coin
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Valued Member
United States
450 Posts |
I would love to see some type of agreement where they would be legal to own like the other 1933.
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Pillar of the Community
United States
1801 Posts |
These coins have always been a fascinating story. A much better book in my opinion on the whole 1933 Double Eagle fiasco is titled "Illegal Tender, Gold Greed and the Mystery of the Lost 1933 Double Eagle." Author is David Tripp. It lays out a very well documented and convincing argument based on mint records of the production, storage, distribution for assay testing (in which 9 of the 446 sent were destroyed in testing the remaining 437 returned and accounted for) and subsequent melting of the entire 1933 $20 production run. At no point were any released to the public. The King Farouk specimen is unique in that it was issued an export permit by the US government by an agency that was unaware of the special circumstances of the coin. It was on this ground that the court case for the one example sold in 2002 was based.
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Bedrock of the Community
United States
17884 Posts |
Quote: Get past the ideology and research the reality. The government in the US did not stop dictating the price of gold until the Nixon administration. It's only during your lifetime that gold was allowed to free-market, in 200 years. It's a relatively new concept, letting people decide what gold is worth. Even during the era when the government was "dictating the price of gold" there was also an open market for gold. At times the open market price went well above the government price but usually it was below the government price so the government price became the defacto market price.
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Pillar of the Community
 United States
4593 Posts |
FWIW, the order to return the coins was vacated and the case is back before the 3rd circuit for an en banc hearing
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________ No. 12-4574 _________ ROY LANGBORD; DAVID LANGBORD; JOAN LANGBORD Plaintiffs-Appellants v. UNITED STATES DEPARTMENT OF THE TREASURY; UNITED STATES BUREAU OF THE MINT; SECRETARY OF THE UNITED STATES DEPARTMENT OF THE TREASURY; ACTING GENERAL COUNSEL OF THE UNITED STATES DEPARTMENT OF THE TREASURY; DIRECTOR OF THE UNITED STATES MINT; CHIEF COUNSEL UNITED STATES MINT; DEPUTY DIRECTOR OF THE UNITED STATES MINT; JOHN DOE NOS. 1 TO 10 "JOHN DOE" BEING FICTIONAL FIRST AND LAST NAMES; UNITED STATES OF AMERICA Defendants-Appellees _________ UNITED STATES OF AMERICA Third Party Plaintiff v. TEN 1933 DOUBLE EAGLE GOLD PIECES; ROY LANGBORD; DAVID LANGBORD; JOAN LANGBORD Third Party Defendants ROY LANGBORD, DAVID LANGBORD, JOAN LANGBORD Appellants
On Appeal from the United States District Court for the Eastern District of Pennsylvania (District Court No. 2:06-cv-05315) District Judge: Honorable Legrome D. Davis
PRESENT: McKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, VANASKIE, SHWARTZ, KRAUSE, SLOVITER1 and RENDELL2 Circuit Judges
ORDER A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered April 17, 2015 are hereby vacated.
By the Court, s/ Theodore A. McKee Chief Circuit Judge Date: July 28, 2015
-----Burton 50+ year / Life / Emeritus ANA member (joined 12/1/1973) Life member: Numismatics International, CONECA Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club Owned by three cats and a wife of 40+ years (joined 1983) Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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Pillar of the Community
 Canada
5400 Posts |
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Moderator
 United States
189142 Posts |
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Valued Member
United States
68 Posts |
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Replies: 53 / Views: 7,271 |
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