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Daniel Carr Overstrikes - *is It Legal*

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Locked
822 Posts
 Posted 11/05/2012  5:15 pm  Show Profile   Bookmark this reply Add scubu to your friends list Get a Link to this Reply

Quote:
And they were illegal because they were government property taken from the government.


As would be any 1964 Peace dollars, but it doesn't mean they don't exist.


Quote:
If the government never had possession of a coin that doesn't exist it cant claim its stolen.


And now you officially make no sense.

My point is this, he's made coins that in fact did, and may, still exist. History has proven without a doubt that just because coins are ordered destroyed doesn't mean they are.

Let's forget about coins.

Let's assume for just a minute that a specific type of widget is being manufactured at Widget International Inc. The government orders them all destroyed and not to be released for whatever reason. Some guy buys an old widget machine at a surplus sale, and alters it to make copies of the "government ordered destroyed" widgets in his garage using previous model widgets melted down. Then starts selling them to the public. Shut him down or no?
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jbuck's Avatar
United States
189340 Posts
 Posted 11/05/2012  5:31 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
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.
I have said this before... My problem is that we can never prove that there are no real 1964-D dollars still in existence. Even if we assume that they were all destroyed, having copies could introduce doubt into that assumption. Also, as DNA pointed out above, "Its owner can claim it's one of Carr's re-strikes in case the Feds visit!"
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trdhrdr007's Avatar
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2335 Posts
 Posted 11/05/2012  5:41 pm  Show Profile   Bookmark this reply Add trdhrdr007 to your friends list Get a Link to this Reply
I promised myself I wouldn't get dragged into this but it looks like I failed. I have two questions for the people who support/defend the fantasy pieces by Mr. Carr. We all know there are many fakes on ebay that are dated(or mint marked) years those coins were not minted. Do you support/defend the manufacturers of those fantasy pieces? If not can you explain how that's a different situation?
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basebal21's Avatar
13014 Posts
 Posted 11/05/2012  5:45 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:
As would be any 1964 Peace dollars, but it doesn't mean they don't exist.


Right but one made by Carr was never property of the government and their official position is none exist. Therefore hes not copying anything.


Quote:
Shut him down or no?


I dont support what Carr does by anymeans. If it was up to me hed have to stamp copy on there or stop. All I'm doing is looking at it from the legal side of it which is probably what stops the government from going after him, he could also have some powerful friends from his days at the mint.


Quote:
Even if we assume that they were all destroyed, having copies could introduce doubt into that assumption.


I agree. I dont support his efforts by anymeans and personally feel that if he hadnt crossed the line before he certainly did with the 64 peace.

Legally something like this would more than likely end up at the supreme court, youd be able to get in front of lower court judges that agree with both sides.

The big issue would be that one of the possible defenses is that the mint says all of them were destroyed. If thats true then everyone should know his pieces are fake. If the mint admits that some still exist then it becomes he was unaware of that because of the mint being dishonest.

In the end its a lot of money and resources for the government to spend on someone operating on his level assuming he doesn't ramp up production.

Again by no means do I support what hes doing and do think he should stop, but from a practical standpoint I can see why theyve just let it be
Edited by basebal21
11/05/2012 5:51 pm
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jbuck's Avatar
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189340 Posts
 Posted 11/05/2012  5:48 pm  Show Profile   Bookmark this reply Add jbuck to your friends list Get a Link to this Reply

Quote:
I have two questions for the people who support/defend the fantasy pieces by Mr. Carr. We all know there are many fakes on ebay that are dated(or mint marked) years those coins were not minted. Do you support/defend the manufacturers of those fantasy pieces? If not can you explain how that's a different situation?
Good questions, ones that I have been afraid to ask, because I would be extremely disappointed if the difference is merely his nationality.
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trout1105's Avatar
Australia
7096 Posts
 Posted 11/05/2012  5:57 pm  Show Profile   Bookmark this reply Add trout1105 to your friends list Get a Link to this Reply

Quote:
In the end its a lot of money and resources for the government to spend on someone operating on his level assuming he doesn't ramp up production.


Regardless of the size of his operation he should be jumped on from a great height.
This would be a great deterrent to other would be copycat forgers.
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SsuperDdave's Avatar
United States
23522 Posts
 Posted 11/05/2012  6:12 pm  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply

Quote:
Regardless of the size of his operation he should be jumped on from a great height.
This would be a great deterrent to other would be copycat forgers.


IMO his Peace dollar production is over the line, and needs to be stamped "COPY." Beyond that, though, could you explain what a 1964 Franklin half, or a 1909-O Morgan, is a counterfeit of?

Would a 1939 Australian Crown qualify?
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basebal21's Avatar
13014 Posts
 Posted 11/05/2012  6:17 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:
Regardless of the size of his operation he should be jumped on from a great height.
This would be a great deterrent to other would be copycat forgers.


In theory I dont disagree with that. In practice though we would go bankrupt pretty fast if we spent 100s of thousands if not millions on every single case like this. Ideally he would just incorporate the word "copy" or "by david carr" into the design and give people a sure fire way to know exactly what it is
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trout1105's Avatar
Australia
7096 Posts
 Posted 11/05/2012  6:31 pm  Show Profile   Bookmark this reply Add trout1105 to your friends list Get a Link to this Reply

Quote:
Beyond that, though, could you explain what a 1964 Franklin half, or a 1909-O Morgan, is a counterfeit of?

Would a 1939 Australian Crown qualify?


Any coin minted outside the mint and without direct approval of the mint, Regardless of its denomination and country of origin is a fake,counterfeit or fantasy coin and should be marked as such.

As none of Mr Carrs coins are marked in this manner it is IMHO an attempt to deceive some of the more naive collectors out there.

If he gets away with the 64 Peace dollar what is next on the agenda
The 1933 Double Eagle may be the next new offering.
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Conder101's Avatar
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17884 Posts
 Posted 11/05/2012  8:25 pm  Show Profile   Bookmark this reply Add Conder101 to your friends list Get a Link to this Reply

Quote:
Which of course is BS since you could use edge lettering that says it and keep the illusion real while giving people a place they can check

Problem is that does not comply with the law which states they must be marked on the obv or rev.

Carr's real claim is that the government knows what he is doing and has not attempted to make him stop, so it must be OK. What it really means is that they can't be bothered with small fry. They don't see it as being worth the effort, just as for the most part they haven't bothered cracking down on the importers of the unmarked counterfeits from China. He is confusing non-enforcement with legality.

But anyway, here are the actual LAWS in the matter.

Title 18 Chapter 25

Sec 487



Quote:
Whoever, without lawful authority, makes any die, hub, or mold, or any part thereof, either of steel or plaster, or any other substance, in likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining or making of any of the genuine gold, silver, nickel, bronze, copper, or other coins coined at the mints of the United States; or

Whoever, without lawful authority, possesses any such die, hub, or mold, or any part thereof, or permits the same to be used for or in aid of the counterfeiting of any such coins of the United Statesâ€"

Shall be fined under this title or imprisoned not more than fifteen years, or both.


Note what I put in bold above. It doesn't matter that he is using dates of coins that don't exist, the dies are STILL "in likeness or similitude" to the genuine US dies. So the mere making and possessing of the dies is illegal. Notice that fraudulent intent is not a requirement for it to be illegal.

Sec 489


Quote:
Whoever, within the United States, makes or brings therein from any foreign country, or possesses with intent to sell, give away, or in any other manner uses the same, except under authority of the Secretary of the Treasury or other proper officer of the United States, any token, disk, or device in the likeness or similitude as to design, color, or the inscription thereon of any of the coins of the United States or of any foreign country issued as money, either under the authority of the United States or under the authority of any foreign government shall be fined under this title.


Once again note the bolded sections. If the token disk or device is SIMILAR to the design or inscriptions of US or foreign coins (and I would say an exact copy except for the date would be similar.) and he intends to sell them, or even give them away it is illegal and he can be fined. Note also that once again fraudulent intent is not required for it to be illegal.

I don't have time run through the problems with the hobby protection act right now maybe tomorrow.
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Broken-Coin's Avatar
United States
1812 Posts
 Posted 11/06/2012  12:51 pm  Show Profile   Bookmark this reply Add Broken-Coin to your friends list Get a Link to this Reply
While the Government claims that all the 1964d Peace dollars were destroyed, and the Government also claiming that all the 1933 Double Eagles were also destroyed, useing weight instead of actually counting them all, never realized that Isreal Swift back in 1933 traded over 2 dozen pre 1933 Double Eagles for the new 1933 dated coins. I strongly believe that some 1964d Peace dollars escaped the melting pot with some trading of earlier Peace dollars, and security back then was nothing like today. Also, in 1964 Silver Dollars were all over the place, not to mention still available at your local bank and used as change from higher denomination currency at the 1964 Worlds Fair in NYC.

Back to Daniel Carr ~ I posted that I had a Washington D.C. State Quarter from him. I was wrong when I mentioned that he produced it, he Designed it for the National Collectors Mint in 2004, and they struck this garbage. I was also wrong in believing it was struck over a genuine Quarter (I confused this with other overstrikes)..

Please don't ask why I have this (and other garbage from the collectors mint) as I still have a bitter taste in my mouth everytime I look at it.


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

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

Daniel-Carr-Overstrikes---*is-It-Legal*
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Coin Addict's Avatar
United States
110 Posts
 Posted 11/25/2012  03:46 am  Show Profile   Bookmark this reply Add Coin Addict to your friends list Get a Link to this Reply
Certainly unethical if not illegal. A previous poster mentioned the Treasury department prosecuting Mr Von Nothaus for a very similar act, in fact I think Carr acts are much more egregious.
I agree with other posters that in a generation or two, these coins will be a problem and people will get skinned.
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DNA's Avatar
United States
2734 Posts
 Posted 11/25/2012  10:36 am  Show Profile   Bookmark this reply Add DNA to your friends list Get a Link to this Reply
Ironically, that "51st State Quarter" would be worth a lot more if Daniel Carr had minted them himself...
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Bryan1315's Avatar
United States
14454 Posts
 Posted 11/25/2012  12:25 pm  Show Profile   Bookmark this reply Add Bryan1315 to your friends list Get a Link to this Reply
I know I have said this before many times throughout the many threads that ask the same question with every new coin he puts out and always say this is the last time I am going to say it, but every time I see a topic like this it flames back up in me and I just have to say it again. I believe he is swimming through loopholes that will soon close around his neck. The more popular he becomes the larger the chance of it happening. DC used to post on this forum and has even made some private medals for some people I know and that was alright as they were not a design the US had ever nor ever would put out so there was no way it could be called anything but what it was no matter how long down the line it was trying to be sold. We see above that it is in fact illegal no matter if he is being prosecuted for it or not so it should be stopped. Anyone that is buying these things are just telling him it is alright as he is profiting off of illegal practices just as the counterfeiters from China are. If no one would buy them they would not make them. All of that being said I hope I may be able to pass by the next topic that comes up about these types of coins he is making but if history shows me anything that isn't going to happen so until next time....maybe.
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barryg's Avatar
United States
5862 Posts
 Posted 11/25/2012  1:32 pm  Show Profile   Bookmark this reply Add barryg to your friends list Get a Link to this Reply
People have asked what the difference between what Mr. Carr is doing and what the Chinese counterfeiters are doing and have even questioned whether the only difference is that they are Chinese and he isn't.

I'm curious what people would think about the Chinese counterfeiters if they stated right up front that their coins were replicas? Would it matter that somewhere down the line somebody else may try to see the replicas as legitimate coins as long as the counterfeiters themselves were being upfront about it and not trying to deceive anybody?

I guess what I'm saying is that some people seem to defend Mr. Carr's actions because he supposedly doesn't have an "intent" to deceive, regardless of whether or not he is creating items that could end up deceiving people down the road. Does that make what he is doing right, though? Or is it less about intent to deceive and more about simply creating counterfeit coins and putting them into the marketplace?

Or does it all hang on the slender thread that the coins he produces aren't "technically" counterfeit because of some slight difference such as the date or that he starts out with an original coin that he then alters? Again, some of the counterfeit Chinese coins that we have seen also could be considered "fantasy" pieces because the dates are wrong or the design is off, but I don't see anybody coming to their defense on the grounds that "any knowledgeable collector would know that it's not real."

Just some thoughts...
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