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They have never tried to sell it. if they were to put it up for auction my bet is it would be confiscated.
They know about it though. Somethings either stolen or its not. Saying "its fine you can keep our stolen property as long as you dont sell it" makes no sense. All theyd have to be is leave the country with it and sell it overseas.
No action when that came to light is basically an approval of it.
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No they have never said it was legal and their position on it is still that it is government property. The only thing they have said is that the people who kept them originally were not intending to steal them.
Like above though, not acting at the time is basically legalizing it. That would be a very hard argument to make in court saying they were fine with their property being loaned out.
Not giving something back when told to is basically a form of theft technically. In this case the current owners today never intended to steal them either and we know for a fact they werent the ones who "stole" it. Extreme inconsistencies such as this really weaken their argument.
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They have also said on several occasions that all of the 1933 double eagles were accounted for. That was 21 1933 double eagles ago.
True, but at least they admit to making those. There they can say their count was wrong which is understandable. Here theyre claiming something is stolen that they dont even say they made. If you claim it doesn't exist it cant be stolen.