Bobby is correct, the fake can be confiscated.
Additionally, as others have said, the fact that it is being sold as a "magic coin" does not matter as:
Quote:
(b) Coins and other numismatic items
The manufacture in the United States, or the importation into the United States, for introduction into or distribution 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.].
Definitions as follows:
Quote:
(3) The term "original numismatic item" means anything which has been a part of a coinage or issue which has been used in exchange or has been used to commemorate a person or event. Such term includes coins, tokens, paper money, and commemorative medals.
(4) The term "imitation numismatic item" means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item.
Thus, I could create a "magic coin" that was a 1925 Morgan because that year didn't exist, but I can't create or import a fake 1921 Morgan that is magnetic without correct markings.
Now, the
ebay seller himself may not be violating the HPA in selling this fake (I doubt he manufactured or imported it personally), but he may be violating other laws and he is absolutely violating other laws if attempts to sell as a real coin.
Source:
http://www.law.cornell.edu/uscode/15/ch48.htmlDo your own due diligence regarding the laws if you wish to create or sell something like this, please. Don't just rely on me.
Edited by BuffaloBonehead
12/28/2011 7:50 pm
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Posted 12/28/2011 6:33 pm
