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Replies: 34 / Views: 4,229 |
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Moderator
 United States
23522 Posts |
Quote: Makes me wonder if the buyer has someone lined up to sell it to. Why else would he pay a hundred bucks for a coin he knows is fake ?
That's my thought as well. A true counterfeit collector knows darn well they've no intrinsic value, and even the rarest of contemporaries should carry very little "premium." As CoinsKelly said, it's not what's in your heart but what happens once it leaves your hands.... That's why I'd never unload a counterfeit once it's in my hands, except to a known specialist. The coin discussed here is - to me - certainly about to become bait for an uneducated buyer.
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Pillar of the Community
Canada
5417 Posts |
Hmm... it's very likely that the coin will be used for nefarious purposes. However, to be honest, If I was offered $100 for a modern fake that I bought for a lot less, I'd take it. My logic is, there are so many circulating already and most of which are pretty convincing Chinese counterfeits, the fact that you're selling a fake with full disclosure is OK. I myself, have only one fake, which I bought knowingly. An 1806 Draped bust half that's pretty much un-identifiable to anybody but a seasoned collector, I bought it for melt value at a coin show, it's th right composition, doesn't stick to a magnet, has edge lettering and everything; my point is, better replica's always exist, now they even put great fakes, into great fake PCGS slabs with great fake PCGS cert's, you can buy them on Alibaba.
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Pillar of the Community
United States
8521 Posts |
Oregon coin geek.....*** GO BEAVS ! ! ! ***
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Bedrock of the Community
United States
20753 Posts |
Someone I know had a camera that was a stolen one. He purchased it at a flea market not knowing it was stolen. At a camera show he sold it. The buyer found out it was stolen, turned over the name of the person that sold it to him to the police. He was arrested and had a heck of a time trying to prove where he got it. The moral of my story is you are selling something that is illigal. Although the person buying it knows, the person they sell it to may not. Eventually they may find out and have it traced back to you as the seller of fake coins. Not a good situation to get involved in for that amount of moeny.
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Pillar of the Community
Canada
5417 Posts |
Quote: Someone I know had a camera that was a stolen one. He purchased it at a flea market not knowing it was stolen. At a camera show he sold it. The buyer found out it was stolen, turned over the name of the person that sold it to him to the police. He was arrested and had a heck of a time trying to prove where he got it. The moral of my story is you are selling something that is illigal. Although the person buying it knows, the person they sell it to may not. Eventually they may find out and have it traced back to you as the seller of fake coins. Not a good situation to get involved in for that amount of moeny. justcarl makes a good point. To be honest, is that's your coin, it's not a very good fake IMO. I've seen many better fakes. And many better fakes are easily available for $1.5 w/ free shipping on AliExpress. I don't see why he'd pay so much for it... Makes you really question what he's up to. But if you're willing to take the risk, well it's an easy $100 so...
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Pillar of the Community
 United States
7375 Posts |
Yeah, I figured I'd take a bit of a beating over this one. What another person does with a coin, or stated fake coin, or anything for that matter, is none of my business. In the past year I had to return (out shipping costs) several expensive coins that were obviously misrepresented. Also returned a counterfeit coin. Never received another coin I was supposed to receive, and the seller was going to try and scam me. I felt this was a unique case, and I originally had the coin listed in an auction, and removed it because I became convinced it was fake. The buyer contacted me, and we had several conversations and I told him everything about the coin. They promised it was for a filler. Will they ever sell it...maybe. I sold something with full disclosure, and what the buyer does with it eventually is his business not mine. There are a million things sold in the world safely and over the counter that can be used for nefarious purposes, but that is not the retailers responsibility, it's each individuals. Like I stated in my original post, I tossed one away already....and I chose to sell this one. I also mentioned that I wasn't 100% comfortable with the sale. 80% comfortable was good enough. Frankly I'm not a coin purest, and I can understand how my actions would be rebuked by many. I do collect some things, but my main purpose is investing. FWIW I also HATE counterfeit coins being sold on ebay as genuine, and I average one report every few days to ebay to try and have them taken down. I also message sellers when they have mis-listed or misrepresented a coin. IMO I do my share to fight the proliferation of fakes on ebay. Let's be careful how many stones we cast. Every time you see a fake coin for sale on ebay and don't report it.....
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Pillar of the Community
United States
6370 Posts |
I was at a coin dealership and they had a tray with miscellaneous stuff in it, including a really worn 1803 dime. When I asked about it, he said it was a fake. I offered to buy it as it was silver, but he wouldn't sell it to me. That dealer was Jonathan Kern.
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Pillar of the Community
Canada
2781 Posts |
Quote: 80% comfortable was good enough glad your investment worked out & thank you for doing your part in helping to ruin other's
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Bedrock of the Community
United States
20753 Posts |
Quote: There are a million things sold in the world safely and over the counter that can be used for nefarious purposes, but that is not the retailers responsibility, it's each individuals. Every day I see people speeding in cars. They pass me like I was standing still. I just know that if I did that, I'd be the one with a speeding ticket. Same with selling a fake coin. Yes there are possibly millions sold all the time and the sellers just laugh. It's just that twist of fate that if you do it, your the one that ends up in jail.
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Pillar of the Community
 United States
7375 Posts |
Isn't it legal to sell a replica coin as long as you don't sell it as genuine?
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Pillar of the Community
United States
9796 Posts |
Quote: Isn't it legal to sell a replica coin as long as you don't sell it as genuine? I'm not a lawyer! But my understanding is NO not unless the coin is stamped in copy or replica according to the Hobby Protection Act passed by Congress in 1973. Note there is an amendment that passed Congress last year and is waiting Senate approval that makes it a crime to counterfeit the TPG certification slabs, and or import coins and certificates including slabs into the US for purposes of selling fakes! Here is the full Hobby Protection Act of 1973: https://www.federalregister.gov/art...otection-act
"Buy the Book Before You Buy the Coin" - Aaron R. Feldman - "And read it" - Me 2013! ANA Life Member #3288 in good standing since 1981, ANS, Early American Coppers Member (EAC), Colonial Coin Collectors Club member (C4), Conder Token Collector Club member (CTCC), Civil War Token Society (CWTS) member, Liberty Seated Collectors Club (LSCC) & Numismatic Bibliomania Society member (NBS), USMex, Member in good standing, 2¢ variety collector. See my want page: http://goccf.com/t/140440
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Pillar of the Community
 United States
7375 Posts |
Westcoin, thanks for linking the law. Apparently I did break the law by selling it. I have no excuse, but I am willing to pay the price for my actions. I probably already have because haven't stopped thinking about it since I did it. But if there is any additional price to pay I'll pay that too.
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Bedrock of the Community
United States
17884 Posts |
Quote: Isn't it legal to sell a replica coin as long as you don't sell it as genuine? From my reading of the laws, it IS legal. All the sections of the title 18 that deal with the sale of fake coins all require the intent to defraud for it to be illegal. If you are doing full disclosure I don't see how there can be an intent to defraud. The link that Westcoin posted is not the HPA, it is a confirmation of the HPA and a discussion of comments submitted when the HPA was under review. The actual HPA as codified into the US code can be found here. http://www.law.cornell.edu/uscode/t...5/chapter-48When you read it you will note that it only applied to the manufacture of imitation numismatic or political items, or their importation into the US. It doesn't actually cover the private sale of unmarked copies. Also it does not apply to to copies made before 1973 when the act was passed. I would believe that existing unmarked copies in private sales would fall under the counterfeiting laws in Title 18. http://www.law.cornell.edu/uscode/t...I/chapter-25Sections 485, 486, 489, 490 and 491
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Pillar of the Community
United States
2543 Posts |
The HPA is administered by the FTC. The FTC generally controls commercial trade, not private sales. Any regulation of private sales come at a state level generally. Private sales are covered under " Private Enforcement" section of the HPA. which allows for civil, not criminal action. And it only allows for relief not punitive penalties Quote: If any person violates section 2101 (a) or (b) of this title or a rule under section 2101 (c) of this title, any interested person may commence a civil action for injunctive relief restraining such violation, and for damages, in any United States District Court for a district in which the defendant resides or has an agent. In any such action, the court may award the costs of the suit, including reasonable attorneys' fees. Basically, the way I read it, if you defraud someone by selling them a replica coin, they can start a civil action to get their money back. If they were fully aware that the coin was a copy, I don't read the above as it being a civil infraction and most certainly not a criminal infraction. While I don't condone fraud or counterfeiting Ed, I most certainly would not be losing any sleep. You did everything right. Being in the construction business for years, I have sold many many trucks and heavy equipment. Some of it was in full working order and some of it was sold with fully disclosed mechanical problems. I never once lost any sleep over whether the people I sold the tens of thousands of dollars worth of equipment to, were turning around and reselling it to others as problem free. And I most certainly was not about to junk a $10,000 front end loader that needed an engine overhaul, just because I was afraid the person was going to sell it to someone else as "nice tractor with strong running diesel" While I would not have knowingly sold the coin to a known dealer of fakes and counterfeits, I would not be losing sleep over it, YOU didn't defraud anyone.
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Pillar of the Community
 United States
7375 Posts |
Thanks Conder and denco, I really appreciate it.
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