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Is It Legal ?

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Pillar of the Community

United Kingdom
837 Posts
 Posted 12/17/2013  2:49 pm Show Profile   Bookmark this topic Add DaytR to your friends list Get a Link to this Message Number of Subscribers
After coming across this

http://www.ebay.com/itm/1998-ROYAL-...em1c3a1ad1e0

I am wondering is it legal to sell a fake pound coin if you give the same excuse?

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alganbagerap's Avatar
United Kingdom
2490 Posts
 Posted 12/17/2013  4:12 pm  Show Profile   Bookmark this reply Add alganbagerap to your friends list Get a Link to this Reply
My word, doesn't he have a lot of repeat customers. Some of them seem to buy from him exclusively.
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kena's Avatar
United Kingdom
1684 Posts
 Posted 12/17/2013  4:28 pm  Show Profile   Bookmark this reply Add kena to your friends list Get a Link to this Reply
I don't think so.

http://www.legislation.gov.uk/ukpga/1981/45

15 Offences of passing etc. counterfeit notes and coins.

(1)It is an offence for a personâ€"

(a)to pass or tender as genuine any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin; or

(b)to deliver to another any thing which is, and which he knows or believes to be, such a counterfeit, intending that the person to whom it is delivered or another shall pass or tender it as genuine.

(2)It is an offence for a person to deliver to another, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin.

16 Offences involving the custody or control of counterfeit notes and coins.

(1)It is an offence for a person to have in his custody or under his control any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin, intending either to pass or tender it as genuine or to deliver it to another with the intention that he or another shall pass or tender it as genuine.

(2)It is an offence for a person to have in his custody or under his control, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin.

(3)It is immaterial for the purposes of subsections (1) and (2) above that a coin or note is not in a fit state to be passed or tendered or that the making or counterfeiting of a coin or note has not been finished or perfected.

Ken
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Sap's Avatar
Australia
16859 Posts
 Posted 12/17/2013  5:50 pm  Show Profile   Bookmark this reply Add Sap to your friends list Get a Link to this Reply
I don't think it's quite as clear-cut as that. The law seems to me to be specifically crafted to allow coin collectors to collect counterfeit coins, since "intent" forms such a prominent part of each of the offences.

Without a psychic probe or a reliable telepath on the police force enabling them to read minds, I'm not entirely sure how British courts go about proving "intent" beyond reasonable doubt. In this particular case, for example, they're selling their fake 1 pound coins for more than 1 pound. It could therefore be reasonably argued that there is no "intent" that the buyer go and spend their fake coin; they'd be foolish to do so, since they'd have paid more than a pound for it.

So yes, as far as I can tell it is legal. However, it is against ebay policy. ebay completely and utterly prohibits fake and counterfeit coins, of any kind, from any country, being sold by sellers in any country. If he wants to sell it in compliance with eBay rules, he needs to make the fake coin compliant with American law and have "COPY" stamped into it somewhere.
Don't say "infinitely" when you mean "very"; otherwise, you'll have no word left when you want to talk about something really infinite. - C. S. Lewis
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LincolnGuy's Avatar
917 Posts
 Posted 12/17/2013  6:32 pm  Show Profile   Bookmark this reply Add LincolnGuy to your friends list Get a Link to this Reply
I thought ebay no longer allows the sale of any replica coins marked copy or not.
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Sap's Avatar
Australia
16859 Posts
 Posted 12/17/2013  6:39 pm  Show Profile   Bookmark this reply Add Sap to your friends list Get a Link to this Reply
Ah yes, I was reading the "stamps" section by mistake. You're correct; "replicas" are now completely banned.
Don't say "infinitely" when you mean "very"; otherwise, you'll have no word left when you want to talk about something really infinite. - C. S. Lewis
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sel_69l's Avatar
Australia
21788 Posts
 Posted 12/17/2013  7:21 pm  Show Profile   Bookmark this reply Add sel_69l to your friends list Get a Link to this Reply
I can't escape the thought that fake coins are being made and then truthfully being marketed as 'fake'.
It would be quite easy to make a decent profit out of this clandestine activity.
Perhaps that is why ebay does not like this sort of selling.
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LincolnGuy's Avatar
917 Posts
 Posted 12/18/2013  7:12 pm  Show Profile   Bookmark this reply Add LincolnGuy to your friends list Get a Link to this Reply
Nice how they wont take it down even after being reported and how the seller admits its fake and thus against their own policy... Good work ebay.
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arianzo's Avatar
Canada
2124 Posts
 Posted 12/18/2013  9:12 pm  Show Profile   Bookmark this reply Add arianzo to your friends list Get a Link to this Reply
I was reading yesterday in other forum, that in fact there are collectors of fake coins (as a hobby).
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