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Daniel Carr Overstrikes - *is It Legal*

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Pillar of the Community
DNA's Avatar
United States
2734 Posts
 Posted 11/04/2012  10:11 pm  Show Profile   Bookmark this reply Add DNA to your friends list Get a Link to this Reply

Quote:
If a genuine 1964 Peace dollar turns up...

Its owner can claim it's one of Carr's re-strikes in case the Feds visit!
Valued Member
JoeyZ76's Avatar
United States
212 Posts
 Posted 11/05/2012  06:12 am  Show Profile   Bookmark this reply Add JoeyZ76 to your friends list Get a Link to this Reply
Heres my Carr 64-D Franklin


Daniel-Carr-Overstrikes---*is-It-Legal*

Daniel-Carr-Overstrikes---*is-It-Legal*
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trout1105's Avatar
Australia
7096 Posts
 Posted 11/05/2012  06:33 am  Show Profile   Bookmark this reply Add trout1105 to your friends list Get a Link to this Reply
Quite frankly IMHO the bloke is a counterfeiter,A fraud and a shyster.
he should be in jail, In the not so long ago history counterfeiters were summarily hung.
This bloke is doing this with the public's knowledge and is still getting away with this .
Why are people even buying this crap?
Everyone "bags" the "Unknown" Chinese counterfeiters but this person IS known and yet he is still able to continue on his merry way without sanction.
Is it a case of "Well it IS made in America and that is OK but God forbid the Chinese do it" then one and all need a wake up call.
Conterfitting is Conterfitting is Conterfitting as simple as that in BLACK and WHITE NO grey area here

Valued Member
OddCoins's Avatar
Canada
271 Posts
 Posted 11/05/2012  07:33 am  Show Profile   Bookmark this reply Add OddCoins to your friends list Get a Link to this Reply
Those coins are beautiful! Does he only use MS coins for his planchets, or is there some process he uses to make them look that way?
Pillar of the Community
Broken-Coin's Avatar
United States
1812 Posts
 Posted 11/05/2012  11:20 am  Show Profile   Bookmark this reply Add Broken-Coin to your friends list Get a Link to this Reply
@barryg

I have to look for this coin and post some photos as it may have been issued in 2003 or 2004, when there was no plan of the Mint striking State Quarters for D.C & the U.S. Territories in 2009 after the original 10 year / 50 States program ended in 2008.
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ratio411's Avatar
United States
1208 Posts
 Posted 11/05/2012  12:21 pm  Show Profile   Bookmark this reply Add ratio411 to your friends list Get a Link to this Reply
This subject has been touched on many times, on many forums.
People either love or hate his coins.
To me, they are illegal, and IMO he just parses words and relies on technicalities to squeak them into the market.
Bedrock of the Community
biokemist6's Avatar
United States
12437 Posts
 Posted 11/05/2012  2:19 pm  Show Profile   Bookmark this reply Add biokemist6 to your friends list Get a Link to this Reply

Quote:
So does the US Mint not consider their coin designs art work that can't be copied?

US coin designs are part of the public domain and not subject to copyright laws.


Quote:
My concern was what will collectors think in a generation or two and believe it to be the real thing

Unless the entire 220 year body of knowledge regarding US coins suddenly disappears, I don't think that will ever be an issue.


Quote:
Quite frankly IMHO the bloke is a counterfeiter,A fraud and a shyster.

The term "counterfeiter" is debatable but who exactly is he defrauding and shysting? Anyone purchasing a restrike from him knows EXACTLY what they are getting, there is no obfuscation or subterfuge regarding his products. If someone is defrauded from a sale further down the line, then shame on them for not even doing the most basic level of research before purchasing a coin that can be simply verified as never being a genuine minting date.


Quote:
Does he only use MS coins for his planchets, or is there some process he uses to make them look that way?

He is a bit secretive about his process for obvious reasons but the host coins do undergo some sort of resurfacing process before being restruck.
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trout1105's Avatar
Australia
7096 Posts
 Posted 11/05/2012  3:18 pm  Show Profile   Bookmark this reply Add trout1105 to your friends list Get a Link to this Reply

Quote:
The term "counterfeiter" is debatable but who exactly is he defrauding and shysting? Anyone purchasing a restrike from him knows EXACTLY what they are getting, there is no obfuscation or subterfuge regarding his products. If someone is defrauded from a sale further down the line, then shame on them for not even doing the most basic level of research before purchasing a coin that can be simply verified as never being a genuine minting date.



If these were stamped as a copy or fantasy there would be no issue to discuss.As these have none of those such markings then they are clearly counterfeit coins.

Items like these give the dishonest collector the opportunity to defraud another buyer when being "on sold" .

There are more than enough dodgy coins being sold out there without condoning someone that mass produces these.

I have read untold posts about dodgy dishonest ebay listings where the sellers have been vilified.
What makes this bloke any different to those sellers

Selling these and asking that they not be on sold as genuine is about the same as selling an AK47 to a jerk and asking that he not shoot anyone

The simple act of marking these "Coins" as copy,Fantasy or Non Genuine would be the honest thing to do.
Everyone else that makes these is required to do so.
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basebal21's Avatar
13014 Posts
 Posted 11/05/2012  3:34 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:
Is it a case of "Well it IS made in America and that is OK but God forbid the Chinese do it" then one and all need a wake up call.


Its more that hes skating in a legal grey area. Hes not technically making fake coins since they are coins that never existed but if the feds really wanted to they could make a very good case for prosecution. The problem is that will be a lot of money spent on an investigation and trial for something that is a questionable conviction.

I agree with you that hes making fakes and is opening it up for a lot of people to get defrauded after the initial sale. Personally I believe hes leaving the copy stamp off the coin because he wants them to be associated with real coins, but unless he jacks up the production heck more than likely be allowed to carry on with bigger fish to fry.
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jbuck's Avatar
United States
189340 Posts
 Posted 11/05/2012  3:51 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
Anyone purchasing a restrike from him knows EXACTLY what they are getting, there is no obfuscation or subterfuge regarding his products.
True, but he cannot control the secondary market.
Locked
822 Posts
 Posted 11/05/2012  3:52 pm  Show Profile   Bookmark this reply Add scubu to your friends list Get a Link to this Reply

Quote:
Hes not technically making fake coins since they are coins that never existed


Check again.
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biokemist6's Avatar
United States
12437 Posts
 Posted 11/05/2012  3:59 pm  Show Profile   Bookmark this reply Add biokemist6 to your friends list Get a Link to this Reply
If a buyer cannot be bothered to take a minute to research what they are spending money on, then maybe they shouldn't be buying coins in the first place. I do not expect someone to be have knowledge of the four distinct S-mintmark locations of the 1909-S VDB Lincoln Cent but 10 seconds on Wikipedia will tell you that 1964 Franklin half dollars and 1975 Ikes simply do not exist.

Lets face it here- the Hobby Protection Act is an almost 40 year old piece of legislation. It was written with vagaries that were not foreseen in the 1970s and is in desperate need of a rewrite. Even though the hobby has been flooded with cheap and deceptive counterfeits of coins from abroad for the last decade, Congress and the Federal Government has shown ZERO interest in solving the problem. I have to think that Daniel Carr has a deliberate point to his actions- doing something so out in the open that the situation can only be addressed with a rewriting and modernization of the HPA. If such a rewriting deems Carr's restrikes to be illegal, then so be it. He knows that it would not hurt his minting business since he will just go back to creating original designs like he did previously.

Until someone from the Government tells him that his restrikes are illegal and backs it up with valid legal opinion, he will continue to crank them out. The fact that he has been able to mint them in an unimpeded fashion means one of two things- the Federal Government is completely disinterested and couldn't care less what Carr does(a bad scenario but not surprising) or the Feds know that the HPA has grey areas and they have no legal backing to stop him since he is creating copies of coins that do not exist. Yes, the 1964 Peace dollar once existed but much like the dinosaurs, it is now officially extinct according to the US Mint regardless of one or two that may or may not be in private hands.
Edited by biokemist6
11/05/2012 4:03 pm
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basebal21's Avatar
13014 Posts
 Posted 11/05/2012  4:29 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:
Check again.


Some were made but were "destroyed" so they never did circulate. Legally the fact that they were made wouldnt change much since they never made it out of the mint. I dont support what hes doing just trying to see it from both sides

I dont know everything hes made though so some very well could be complete ripoffs. From what I have seen he seems to like to push the line a little bit further each time and has been allowed to do so to this point

Locked
822 Posts
 Posted 11/05/2012  4:47 pm  Show Profile   Bookmark this reply Add scubu to your friends list Get a Link to this Reply

Quote:
Legally the fact that they were made wouldnt change much since they never made it out of the mint.


Says you. A ton of others say otherwise.

Except for the Smithsonian specimens the 1933 Double Eagles never made it out either, all were ordered destroyed. We all know what happened there.
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basebal21's Avatar
13014 Posts
 Posted 11/05/2012  5:00 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:

Except for the Smithsonian specimens the 1933 Double Eagles never made it out either, all were ordered destroyed. We all know what happened there.


And they were illegal because they were government property taken from the government. If the government never had possession of a coin that doesn't exist it cant claim its stolen.

You can try and argue points like that but its a stretch legally. Like I said at the start its all in a grey area and he keeps pushing the line further and further seeing how much he can get away with like the 64 Peace dollar. Everything in the law is about how its worded, its very easy to twist and manipulate it how you want.
Edited by basebal21
11/05/2012 5:01 pm
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