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Cancelling A Completed Auction ?

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New Member
United States
47 Posts
 Posted 06/29/2010  12:16 am  Show Profile   Bookmark this reply Add Numiseye to your friends list
The listing is not the problem. The problem is the coins do not have the word "COPY" or "REPLICA" stamped into the coin. Violation of Federal Law.
Pillar of the Community
United States
5362 Posts
 Posted 06/29/2010  2:06 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
Numiseye You say:


Quote:
The listing is not the problem. The problem is the coins do not have the word "COPY" or "REPLICA" stamped into the coin. Violation of Federal Law.


and CheetahCats says something similar:


Quote:
I dont see anywhere on the Counterfeit specimen where it says COPY. Perhaps that is why.


Actually neither coin has COPY on them.

But in this case NEITHER COIN MUST BE MARKED.

The law is VERY explicit. No coin known to have been made BEFORE 1974 has to be marked! It is NOT a violation of Federal Law to own or sell a copy, counterfeit or replica of a DEMONETIZED coin that was IN the US before 1974 as long as NO FRAUD is involved. That is why I focus on the coins listed in Riddell's book. Since all examples from that book were known to have circulated in NEW ORLEANS before 1845 they meet the standard of the law. These coins were also DEMONETIZED in the US in 1857. So they are all PERFECTLY LEGAL as long as they are PROPERLY ATTRIBUTED.

Regarding the 1808 PTS 4R counterfeit, the coin is a 1960's variety MADE in the US. So even there - the coin is simply too old to require the word COPY.

The error made here by the two forum members is very common. It is in fact the same error that ebay operates under. People in general believe that the law requires that all counterfeit issues have the word COPY on them to be legal. That is just NOT TRUE.

Just imagine if this was in fact true - all known copies of the 1804 US dollar would require the word to be stamped on them. They are technically REPLICAS. They were not made in 1804 but in about 1834 and they were never officially monetized by Congress. So those coins which are worth millions of dollars are in the identical class as the 1808 Chile 4R in this case. The Federal law does not differentiate between WHO manufactures the REPLICA or WHY it was made - even the US Government would have to mark a replica.

But my real complaint against ebay stands - WHY terminate a COMPLETED auction? It was a done deal and the transaction will be concluded. Both buyer and seller are happy. So why terminate it after the fact?

By the way, I checked my photos and located three identical examples of the 1808 So 4R that sold on ebay in the past year. All were from sellers outside the US. Two came from Spain one from the UK. Importing any one of these copies IS ILLEGAL under current law. So if ebay actually believed in the LAW they should have PREVENTED US bidders on all three!

Rest in Peace
United States
1729 Posts
 Posted 06/29/2010  5:12 pm  Show Profile   Bookmark this reply Add pls to your friends list
Sounds as if you're jumping to conclusions on several levels as to what you believe ebay should have done or not done. After all, it's their playground, and if they tell you to take your cookies and go home ... that's the end of it.
Pillar of the Community
United States
5362 Posts
 Posted 06/29/2010  5:28 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
pls I see we have an ebay supporter in the crowd. That is something getting scarcer and scarcer. Most ex-sellers on ebay (like myself) are leaving because of things like this. What specifically are the conclusions I am jumping to?

That ebay can do anything it wants even if it varies case to case? That they can allow 100 forgeries to go by unnoticed while stopping one properly described sale? Or that terminating an auction after it is OVER makes any sense whatsoever?

I rarely accept "rules" that are arbitrary in nature or capricious in their enforcement.

One thing that ebay has yet to see, is that if you tick off everyone who is paying you (the honest sellers) - you will eventually end up going out of business. What is needed is a good alternative to ebay.
Bedrock of the Community
United States
12437 Posts
 Posted 06/29/2010  6:12 pm  Show Profile   Bookmark this reply Add biokemist6 to your friends list
Sounds to me like ebay is not following the regulations of the Hobby Protection Act and is making it up as they go. The scourge of Asian counterfeits meant to fool the average collector is the real problem with ebay, they are available by the bucket yet ebay decides to pull an auction for a contemporary counterfeit that is collectible in its own right(unlike the Chinese junk that is only good for target practice and lead poisoning...)
Edited by biokemist6
06/29/2010 6:13 pm
Valued Member
Philippines
386 Posts
 Posted 06/29/2010  7:07 pm  Show Profile   Bookmark this reply Add Pandesalapi to your friends list

Quote:
One thing that ebay has yet to see, is that if you tick off everyone who is paying you (the honest sellers) - you will eventually end up going out of business. What is needed is a good alternative to eBay

I also sell my duplicates in ebay, but you are right Swamperbob... alternative to ebay is needed.
In your case, I think the best way now is to contact seller and go-direct buying though it is too risky.
I haven't tried buying in our forum threads but I guess this is the best place to start with... buying to our co-members
Pillar of the Community
United States
5362 Posts
 Posted 06/29/2010  9:13 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
I buy counterfeits from anyone. In that respect I am an equal opportunity buyer. But ebay as a source of fakes is SUPER. I have a feedback score of over 2,800 and in my case I would bet 2,500 or more were for the purchase of COUNTERFEITS. Some were properly identified but the vast majority were NOT so identified.

If ebay checked it's records and knew what I was buying, I would have a pittiful record for being an ebay member over 10 years.
Rest in Peace
United States
1729 Posts
 Posted 06/29/2010  9:18 pm  Show Profile   Bookmark this reply Add pls to your friends list
<<pls I see we have an ebay supporter in the crowd. That is something getting scarcer and scarcer. Most ex-sellers on ebay (like myself) are leaving because of things like this.>>

Ha, ha. You haven't read my eBay-bashing posts recently, have you?

<< What specifically are the conclusions I am jumping to?>>

Exactly what I already stated: what you believe ebay should have done or not done.
Pillar of the Community
Philippines
1156 Posts
 Posted 06/30/2010  03:07 am  Show Profile   Bookmark this reply Add Nic to your friends list
nice coins swamperbob
couldnt help but post in as it seems we collect on the same thread - counterfeit or fake coins, and w/wo "copy" stamped on it requirement, doesn't take into consideration the collector's interest

I never buy counterfeit coins with the word "copy" stamped on it, simply because, it wouldnt be a counterfeit anymore, it would be a genuine replica, just like children's play money.

Also the "copy" stamped on it "defaces" the part of the item one wants to study & learn from.

as a suggestion, ebay should set up a segment or alternative exclusive site for copies or fakes or counterfeits only, with the condition that fakes for US delivery shall be marked "copy" and those for international with option for "as-is" it would also serve as prime info source on the fakes currently moving around. The counterfeiters wouldnt have much time as the details of the latest fake they produced would be known by everyone soon



Locked
822 Posts
 Posted 06/30/2010  08:45 am  Show Profile   Bookmark this reply Add scubu to your friends list
Selling counterfeit coins on ebay is not allowed. Period. Doesn't matter what they are stamped, or when they were made.

http://pages.ebay.com/help/policies...rstamps.html

It's plain as day in the terms, and they also give you a big red warning every single time you list a coin that sits right above the submit button so it really shouldn't be a surprise to anyone that's ever listed a coin on ebay.

Some may disagree with the rule, like counterfeit collectors, but for the hobby as a whole I totally agree with it. They need to be kept off the market as much as possible. Just because the guy selling it says its a counterfeit, doesn't stop someone else from buying it and messing with someone else over. Since ebay is the World's second biggest internet marketplace, keeping them off ebay when possible is a huge plus for coin collecting community.
Pillar of the Community
United States
5362 Posts
 Posted 06/30/2010  2:47 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
scubu You are apparently not aware that a marked counterfeit which complies with the Hobby Protection Act is allowed to be sold on ebay. The entire REPLICA section is full of them and there are no complaints. These coins can be tooled to remove the word COPY and I have seen many examples of that but ebay DOES allow the sale of marked counterfeits.

I absolutely agree with you in principle that the hobby needs protection from fraud but it is the abject failure of ebay's rules to do so and the way ebay enforces their rules that bothers me most.

I have reported fake Chinese coins until I have become tired of doing it, because ebay will take NO action on those. It is a legal activity according to ebay. That is because it is legal to make and sell counterfeits in China.

But ebay will every once in a while terminate an auction for a properly attributed counterfeit, if it is posted by a US citizen. Sellers in Canada and the UK face no sanctions. They only punish the honest sellers who know a coin is a counterfeit and SAY SO. In that case no fraud is involved PROVIDED the counterfeit is LEGAL under the Hobby Protection Act. Many counterfeits are completely legal to own and possess - FRAUD is the key issue in the law.

The real danger to the hobby are the numismatic forgeries that are worthless and are ILLEGAL. The 4R counterfeit pictured first rarely sells for under $120 and it is absolutely the MOST COMMON 4R counterfeit legally available today. It is the only period 4R counterfeit known to exist in numbers as high as 25 copies. A typical period 8R Birmingham forgery sells for 2 to 3 times what an original in comparable condition sells for. I have seen common date Mo Portrait 8Rs in VG sell for over $400 and the 2Rs sell for even more. So even if a novice accidentally won a contemporary forgery (which I doubt he ever would) he would actually be ahead of the game. So Legal period counterfeits are NOT a problem except in ebay's mind.

They do not want to police the market. It would be TOO EXPENSIVE FOR THEM TO DO SO. That is a quote from an ebay lawyer to me personally.

So ebay's concern is their BOTTOM line not the hobby.

It is the junk coin - the 10 cent copper-nickel copies that are dangerous. NOTHING EFFECTIVE HAS BEEN DONE TO STOP THEM FROM FLOWING INTO THE US BY THE THOUSANDS. ebay simply hides behind their policy and rules and profits off the sale of this junk every day of the week.

So while I agree that junk "counterfeits" should not be allowed, ebay policy is forcing most sellers of collectible counterfeits to list them blindly. At the same time, ebay rules have NO EFFECT at all on the fraudulent trade which continues unabated.

The saving grace for fellows like myself, is that we can spot valuable counterfeits and outbid the novices who are bidding as if they were real. It works but it drives an otherwise legal enterprise underground.

In the past year (51 weeks and 3 days actually, since I have been tracking all Mexican auctions on ebay), there have been 177 Counterfeit 8R coins posted on ebay. Of that number of 177, 125 were NOT IDENTIFIED as forgeries mostly to avoid ebay rules. Most sellers know, most buyers know - it has become an OPEN SECRET like gays in the military. They should call it "Don't tell, don't get terminated". Not one of the don't tell auctions was terminated by ebay.

In the same period of time, 52 auctions were posted involving properly identified counterfeits from the same period. Of that group of 52, 7 were terminated by ebay and 2 were Terminated after the auction was completed.

It is perhaps much ado about nothing to some people, but in the same period of time, I tracked 2,396 auctions involving Fraudulent Numismatic Forgeries from China NONE OF WHICH WERE TERMINATED by ebay. That number includes re-sales in the US by people who were defrauded. The average sale price hovers in the $100 to $200 range. So about a quarter million dollars in sales was involved. I have gotten over 250 of the US re-sales stopped or properly attributed! (I consider either to be a victory.) But every one of those changes was a result of seller action - NOT ebay. The Chinese sellers, by the way, either ignore me or say "Thanks for the information" and do NOTHING.

I have not even addressed here the Chinese Replica auctions which portray coins marked "COPY" or "REPLICA" in photos on ebay but which arrive WITHOUT the stamp. Several sellers photo-shop the word onto their pictures. So many of the forgeries sold in the Replica section arrive as ILLEGAL items. I tested this by purchasing a few from various Chinese merchants that I suspected of photo-shopping their pictures. Of the 20 test coins I bought this year, NOT ONE came through with the word "COPY" or "REPLICA" on it.

So ebay's overall record for stopping worthless Chinese forgeries is dismal. I am doing far more to protect the hobby than they are - and I do not profit one cent for my actions. I am just frustrated by the bobbing and weaving ebay does to avoid any responsibility to keep the market place free of fraud, while at the same time they are labelling my collecting activities as ILLEGAL.

Banning all sales from China might be a good first step - followed by a collector's committee who could review suspect coins and REMOVE all of the junk replicas. I would volunteer immediately for such a committee. Just give me a way to contact the bidders, like I used to have and I would start again on my own.

IF it is BROKEN - we need to FIX it.
Pillar of the Community
United States
1801 Posts
 Posted 06/30/2010  10:17 pm  Show Profile   Bookmark this reply Add jfransch to your friends list
Swamperbob
Regarding your comment "Just imagine if this was in fact true - all known copies of the 1804 US dollar would require the word to be stamped on them. They are technically REPLICAS. They were not made in 1804 but in about 1834 and they were never officially monetized by Congress. So those coins which are worth millions of dollars are in the identical class as the 1808 Chile 4R in this case. The Federal law does not differentiate between WHO manufactures the REPLICA or WHY it was made - even the US Government would have to mark a replica"
Our fearless clueless leaders always give themselves a "weasel clause" and included the following verbiage in the Hobby and Protection Act
Section 340.1 d

"The term shall not include any re-issue or re-strike of any original numismatic item by the United States or any foreign government."
Pillar of the Community
United States
5362 Posts
 Posted 07/01/2010  2:11 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
jfransch I agree that is what the law says. But the 1804 Dollar was an UNAUTHORIZED striking similar to but not as illegal as the 1913 V nickels. In both instances, neither could be called "an original numismatic item" since neither date was ever issued. The coins were made in the mint by mint employees working ILLEGALLY or without proper authorization. In both cases, a small number of copies were made AND SOLD for a decent profit. The 1913 nickels were made for a PRIVATE collector. That does not to me seem like what they were referring to in the law which would be an official emination of REPLICAS of a previously manufactured coin for open sale or circulation.

My original comment was in relation to the misunderstanding that ALL counterfeits or replicas require the word "COPY" to be legal. The point was that the 1804 is a LEGAL coin without benefit of being marked just as the 4R is.

But I do agree TOTALLY with your calling them "WEASELS" however. All private manufacturers of replicas have to mark their stuff - I wonder about that exemption for governments.

Could the government start making 1889 CC dollars for sale tomorrow and NOT MARK them? How do we know they don't or won't do that in the future to make a buck?
Edited by swamperbob
07/01/2010 2:24 pm
Valued Member
United States
170 Posts
 Posted 07/01/2010  4:48 pm  Show Profile   Bookmark this reply Add akglen to your friends list
swamperbob.....your comments about our government making new old dated coins begs another question. How many governments store old original dies which could be used like this?
Pillar of the Community
United States
5362 Posts
 Posted 07/01/2010  8:42 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
I do know that two or three governments do keep old dies at least to some extent. I know that France does and that Austria does too. I have seen some of the Mexican dies so I know they do keep some dies as well as old minting equipment in Mexico City but it is very haphazard. I would love to know which dies are still in existence.

I believe the US does not keep dies - but do they keep hubs or galvanos? Hubs allow creation of dies and galvanos allow creation of hubs - so they are as important as the dies themselves.

Other countries I am not so certain about. Does anyone know?

Is there some law that would protect us from say a flood of 1796 US 25 cent coins? That could cut the deficit quickly if they told no one.
Edited by swamperbob
07/01/2010 8:43 pm
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