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Counterfeit Forums Locked

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United States
54280 Posts
 Posted 02/18/2016  08:11 am  Show Profile   Check nss-52's eBay Listings Bookmark this reply Add nss-52 to your friends list
Bobby, have you discussed your decision to quit reporting counterfeit coins with your ebay contact? Or did you just quit cold turkey.

If the latter, I wonder if your ebay contact will notice.
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Edited by nss-52
02/18/2016 1:03 pm
Forum Dad
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24147 Posts
 Posted 02/18/2016  09:44 am  Show Profile   Bookmark this reply Add bobby131313 to your friends list
I told them exactly why, very bluntly.

Just to clarify, I didn't quit. I can still get things removed easily. I'm just not running it through here and spending 4 to 5 hours a day on it any more.

If corporate ebay starts to care, then I'll go back to caring and gladly spend my time on it. My immediate contact at ebay still cares a LOT.

When I see site integrity take priority over a prima donna high volume sellers, I'll be right back helping.

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Canada
9862 Posts
 Posted 02/18/2016  12:35 pm  Show Profile   Bookmark this reply Add DBM to your friends list
Thanks for all you've done for us collectors bobby.
Too bad ebay places profit before integrity.
I guess it's to be expected.
Unlikely to change.
"Dipping" is not considered cleaning...
-from PCGS website
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 Posted 02/18/2016  1:11 pm  Show Profile   Bookmark this reply Add scopru to your friends list
To repeat all the others... thank you for all the time you spent on this.
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5362 Posts
 Posted 02/18/2016  1:51 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
Moxking The only way to make this tactic work is to pay for the coin and have item in hand. Then you can file a claim for receiving a counterfeit and place a negative feedback AFTER receiving a refund. The in-house policy at ebay requires the buyer to submit proof of the item being bad - they do not accept photographic evidence alone or your statement as the buyer. Against big sellers they can ask for a written statement from an expert or a rejection from a TPG. Even a statement by the seller that the coin may not be genuine is not always adequate. The fact of the matter is that sometimes the seller does not know and calls a genuine coin a counterfeit. So ebay treats (selectively) what proof will be sufficient. The reason involves their ability to defend themselves against being sued by the seller for "illegal" actions that restrain their business (trade). Even nuisance lawsuits cost ebay a bunch and they bend over backward to avoid them.

An insurmountable problem for the buyer in the US is that the laws are different in places like China. These sales of foreign forged coins are 100% legal in China and protected by their laws. This is an issue for the US government to undertake. Calling John Kerry or Barak Obama may work.

You can not win with this tactic even with US re-sellers. There are no teeth in the US law. The law actually prohibits IMPORTING of these coins. The violation has already taken place for coins already in the US. If the seller is big enough and has lawyers - you will end up being the bad guy. The big sellers ARE TREATED DIFFERENTLY.

I remember a case that happened in Florida about 15 years ago. Customs had seized boxes of imported "numismatic forgeries" from China. These were placed in an abandoned property sale by customs and they were sold to the highest bidder without being stamped copy. Who to you take issue with there? Customs?

You might be able to punish a small time re-seller or someone who got duped once in a while - but really to what end? The big guys just import and sell 100 or 1,000 others for everyone stopped.

It is better for you to think of ebay like the owner of a parking lot where a bunch of briefcase coin dealers set up card tables and sell some good coins and some junk. Go in with your eyes open and your homework done.

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2270 Posts
 Posted 02/18/2016  6:07 pm  Show Profile   Bookmark this reply Add cladking to your friends list
Are you seriously telling me that ebay allows counterfeits to be sold?!!

Isn't that illegal?
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54280 Posts
 Posted 02/18/2016  6:36 pm  Show Profile   Check nss-52's eBay Listings Bookmark this reply Add nss-52 to your friends list

Quote:
Are you seriously telling me that ebay allows counterfeits to be sold?!!

Isn't that illegal?


Yes, and yes.
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2589 Posts
 Posted 02/18/2016  7:56 pm  Show Profile   Bookmark this reply Add XavierOfGreen to your friends list
Bobby, if the counterfeit forum is locked, I assume the proper place to discuss collectible contemporary counterfeits (like hennings, micro o morgans, ect) in the Modern Coin and Classic Coin forums?
-XoG
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 Posted 02/18/2016  7:57 pm  Show Profile   Bookmark this reply Add bobby131313 to your friends list
Yes.
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5362 Posts
 Posted 02/18/2016  10:13 pm  Show Profile   Bookmark this reply Add swamperbob to your friends list
cladking You asked:


Quote:
Are you seriously telling me that ebay allows counterfeits to be sold?!!

Isn't that illegal?


You got the answer
Quote:
Yes and Yes


That is not correct. The rules of ebay prohibit the sale of counterfeits, replicas etc., etc.. They choose not to enforce those rules against the big money sellers. They will however hit the little guy who clearly indicates he is selling a legal to own counterfeit because he properly describes what he is selling.

Purveyors of FRAUD (the Chinese ring and re-sellers) will never be stopped by ebay.

ANA rules do NOT prohibit sales of "counterfeit coins per se" they were written to prevent fraud. They do not prohibit the sale of demonetized (not current money) issues of countries other than the US that were counterfeit at one time but which were made before 1973 - were in the US before that date - and which are properly described for sale as not being genuine.

Are counterfeits illegal - the answer is it depends.

The 1913 V nickel is a counterfeit. Somehow not illegal?
Machin Mills colonial Half Cents are counterfeits. LEGAL.
Evasion British issues are counterfeit. LEGAL
Henning nickels are counterfeits - and are ILLEGAL.
Micro-O Morgan dollars are counterfeits and are ILLEGAL.
Brass copies of Bechtler gold coins are counterfeits. LEGAL
Even the 1804 US dollar (the king of US coins) minted in 1836 without being monetized is a technical counterfeit but far from illegal.

Coins of Mexico (eight reales and other silver coins) were all counterfeited at the time they were monetized in the US and they circulated alongside genuine coins. These were demonetized by act of Congress in 1857 and at that point CEASED being counterfeits as defined by the law. In 1873 the mint act made a specific change in counterfeit statutes to exempt the coining of old Mexican dollars (and other foreign coins) from being covered by counterfeiting statutes as long as they were not circulating legal tender. Fraud being perpetrated against the Chinese did not seem to count.

So there are many series of non-US coins for which counterfeits are perfectly legal to own, buy, and sell. The only illegal act would be to sell one without warning of what it really is. That would be FRAUD.

Manufacture and importing replicas, copies, forgeries, counterfeits etc. of all coins and coin like objects made AFTER 1973 which do not carry the word COPY stamped prominently into them are illegal under the consumer protection statute known as the Hobby Protection Act.

So the correct answers to your questions would be

Yes for ebay and PERHAPS - depending on the circumstances for the legal status of selling counterfeit coins.
Edited by swamperbob
02/18/2016 10:20 pm
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2270 Posts
 Posted 02/18/2016  11:05 pm  Show Profile   Bookmark this reply Add cladking to your friends list
Thanks for the answers guys.

I'm aware counterfeits aren't necessarily illegal but my understanding is selling a counterfeit with the intention to defraud is illegal in all instances. It is also always illegal to abet a crime before or after the fact and this goes double when the confederate is profiting from the fraud financially.

It's hard to believe that ebay is so confused that they prevent the sale of Cuban coins and then profit on the fraudulent sale of counterfeits. I have no knowledge here but I had assumed that if a coin was being sold on ebay that it was a legitimate coin. Am I to believe that the authorities are looking the other way here?
Time don't fly, it bounds and leaps.
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Canada
1463 Posts
 Posted 02/18/2016  11:15 pm  Show Profile   Bookmark this reply Add Alan to your friends list
Well thank you to bobby and all the good people that put days and weeks and months and years into this. ebay has sure put the clown back in circus, if that's even a thing.
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 Posted 02/18/2016  11:19 pm  Show Profile   Bookmark this reply Add XavierOfGreen to your friends list
Swamperbob, owning and even selling a counterfeit is not necessarily illegal, so long as one does not hold it out to be a genuine coin. However, producing counterfeits is always illegal, and possessing counterfeits with the intent to pass them off as genuine coins is illegal, as is of course attempting to pass them. However possessing a collection of contemporary counterfeits (such as Hennings and Micro O's) would not be illegal as I understand it.
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 Posted 02/19/2016  03:24 am  Show Profile   Bookmark this reply Add swamperbob to your friends list
cladking Never assume that any posting on ebay is a guarantee of anything. There is no one at ebay that is an expert at anything any longer. The motto of ebay is "Let the buyer beware."

Are the authorities looking the other way? A better way to say it is they do not care to look at all.

Selling anything with a deceptive intent is fraud - a genuine cleaned coin where no mention is made of cleaning is FRAUD. Selling a coin that has had a hole plugged without specifically mentioning the hole is FRAUD. Fraud does extend to collusive partnerships and shill bidding but that is rampant.

The Cuban embargo issue was plain stupid because ebay included coins made before the embargo existed and even coins that were struck at the Philadelphia mint. But it satisfied the politicians and other politically correct idiots.

XavierOfGreen You say:

Quote:
However, producing counterfeits is always illegal,

That depends on where you are located. China allows counterfeiting of coins of all other countries without sanction.

In the US counterfeiting covers all legal tender issues EVER made by the US government with the single exception of the Half Cent which was demonetized in 1857.

You also say:

Quote:
However possessing a collection of contemporary counterfeits (such as Hennings and Micro O's) would not be illegal as I understand it.


I have gotten different legal opinions on that subject. But they are usually related to seizure. Technically the possession of counterfeits of monetized US coins or counterfeiting tools is simply put illegal under all circumstances PERIOD. It is not necessary to prove the formed intent to defraud. Is it enforced? No! but it could be if the right party got ticked off at you.

It is safer IMO to collect counterfeits of non-US coins because opinion is closer to unanimous on that topic. They are legal to possess.

The only US counterfeits I care for at all are non-circulating types like Bust Half dollars and silver Three Cent pieces. I did keep my first Henning nickel that I found in change about 1960. But I absolutely limit myself when it comes to buying large numbers of US counterfeits. If I get them, I study and photograph them and pass them along to other collectors (who do collect them).

It is a potentially risky situation.
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 Posted 02/19/2016  06:29 am  Show Profile   Check nss-52's eBay Listings Bookmark this reply Add nss-52 to your friends list

Quote:
Are you seriously telling me that ebay allows counterfeits to be sold?!!

Isn't that illegal?

You got the answer
Quote:
Yes and Yes

That is not correct.


I gave the yes, yes answers, and I wasn't speaking to contemporary counterfeits, and the question wasn't specifically about contemporary counterfeits.

1) ebay has a policy against selling counterfeits, but they do not strictly enforce it. (eBay's written policy makes no exception for contemporary counterfeits, by the way.) By some people's logic, because they do not enforce the policy consistently, that means they allow it. Technically, yes, they do allow it, when they do not pull listings for counterfeit coins.

2) Selling counterfeits on ebay is illegal (against ebay policy). But if we are talking about law, then it is pretty much the same as ebay policy. The U.S. Government, for one, does not enforce the policy. Thus, by some people's logic, that means they allow it. Illegal, yes, enforced, no.

If the government stepped in and arrested some of these counterfeit coin sellers, or even tried to stop ebay from allowing it, this nonsense would not be so out of control.
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