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Replies: 72 / Views: 15,463 |
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Valued Member
United States
319 Posts |
Quote:And how it matters what the coins were before Daniel Carr started, makes a big difference. If he started with anything other that a ASE it would mean he was making counterfeit dollars. Wow. Absolutely, completely, and utterly ridiculous. This is honestly the most ridiculous thing I've ever read on this forum.
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Pillar of the Community
United States
4897 Posts |
 Just saying.....
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Pillar of the Community
United States
3486 Posts |
DC are the man's initials, not a mint mark. He is marking his work. So many lawyers giving so many opinions I think I'll switch back to the medical shows. Such hatred directed towards a man. He is not in hiding and to my knowledge he is still at large, so if the feds are leaving him alone we all might do the same. I only have three examples of his work. Medals and NOT fantasy coins. Lovely examples of the Gobrecht dollar chosen by the Seated Liberty Collectors' Club to celebrate the 40th Anniversary of their existence.
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Moderator
 Australia
16864 Posts |
Quote:If Daniel Carr has die's that could mint fake ASE's, then yes I would agree he should be shut down. We keep trying to telling you... he does. The dies he uses to make these "fantasies" are pretty much identical to the dies the US Mint uses - they have to be, in order to fit into his government-issued press. The only difference between his dies and actual government dies are the little "DC" mark, and whatever tiny difference might or might not exist that make the coin a "fantasy" - in this case, the only difference between his 2009 ASE dies and genuine 2009 ASE dies is that his dies were polished. He could absolutely use those exact same dies to overstrike a Canadian maple leaf, and it would look exactly the same as your coin, since in both cases, no trace of the design of the original coin would survive. And, as has been pointed out in this thread and in previous threads about the Moonlight Mint, possession of dies alone "in likeness or similitude, as to the design or the inscription thereon" is sufficient to be charged with a counterfeiting offense under the law as it now stands. It does not matter what the owner of the dies "intends" to do with them, or that he pinky-promises to only ever use them to alter genuine coins that already almost-look-like-that. Which may also explain why he destroys the dies after he's finished with them. Some might call it "ensuring the mintage limit restrictions are adhered to" or some such. I call it "destroying the evidence".
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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Bedrock of the Community
 United States
11951 Posts |
I guess I agree with Amida17  The pro and con sides are not going to agree. It does seem like everyone knows exactly how Daniel Carr makes his fantasy coins ... except the U.S. Govt.
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Bedrock of the Community
13014 Posts |
Quote: So, if I read it broadly, the requirement applies to any imitation coin, foreign or domestic, regardless of date (existent/non-existent) or strike type used. That is, even though the are no 1933 or 1975 Quarters, fantasy pieces that are identical to the quarter in design (save the date) would still require COPY. Playing lawyer again though you can start to argue what imitation really means such as you cant imitate something that doesn't exist. If there was no Jbuck I couldnt imitate giving you a hard time. I could give someone else a hard time but it wouldnt be imitating  Quote: It does seem like everyone knows exactly how Daniel Carr makes his fantasy coins ... except the U.S. Govt. Hes submitted numerous designs for coins to the mint including the New York and Rhode Island Quarter that they actually used. They almost certainly know who he is and what hes doing given that he got ANACS to start grading his stuff. At this point they likely dont care and might have even given their blessing. Hes been doing it longer than the Norfed guy who the feds jumped on and told ebay they cannot allow any listings for his stuff. Given his past its reasonable to assume that theres some sort of relationship between him and someone at the mint who could tell him quietly to stop making a certain coin theyre uncomfortable with or what he needs to do to keep from crossing the line and getting on their radar. The DC markings may have satisfied them. He was able to purchase a mint press though and has a history of dealing with the mint officials. Situations like that often lead to quiet discussions or a phone call to resolve issues as opposed to a secret service raid that could take place if one of us started doing it. For all we know he checks with someone first about their thoughts on a new fantasy piece before making it.
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Valued Member
United States
319 Posts |
Quote: Playing lawyer again though you can start to argue what imitation really means such as you cant imitate something that doesn't exist. Sure you can. Current existence is not required to imitate. It only had to exist at one time.
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Bedrock of the Community
13014 Posts |
Quote: Current existence is not required to imitate. It only had to exist at one time. The 09 proof ASE which seems to be the focus of the discussion never existed though. That year they only issued the bullion version due to the demand. Which gets back to the what exactly is the definition question. Something needs to exist before it can be imitated. But intention also has to be considered when dealing with gray areas. Its quite clear from his website that he has no intention of deceiving anyone with anything he sells there and is very up front about what it is and the fact that its a fantasy peace. Its also a very limited mintage for his products. A real counterfeiter would not only be trying to pass them off as real or ultra rarities, but would be mass producing them as well. Its a tough sell to argue the spirit of the law was intended to stop someone whose up front about what they sell in very limited amounts.
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Moderator
 United States
189767 Posts |
The 1944 " no mint mark" Jefferson nickel never existed as a US Mint product, yet the ones Henning made are most certainly and historically recorded as counterfeits. How is this different? Before you say it, his intent is not a valid difference. Henning could have given the nickels away, they are still counterfeit. By the way, the metal he used is irrelevant because "it never existed" is being used as a definitive defense.
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Valued Member
United States
319 Posts |
Quote:The 09 proof ASE which seems to be the focus of the discussion never existed though. What he's doing is still imitating an ASE though. No Question. I'll go back to what has been said before. I'll make a $20 bill with a series year that never existed and put DC for a Federal Reserve code. I'll clean up and won't get in any trouble because its a fantasy note right?
Edited by PawnS 04/11/2014 1:02 pm
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Moderator
 Australia
16864 Posts |
Quote: I'll go back to what has been said before. I'll make a $20 bill with a series year that never existed and put DC for a Federal Reserve code. I'll clean up and won't get in any trouble because its a fantasy note right? Actually, notes are treated rather differently under US law than coins. Mr Carr's primary defence seems to be that "altering" US coins for artistic purposes is legal, and that's all he's doing. But similarly altering US notes is illegal; under this law, bleaching a note blank would render it "unfit to be reissued". Possession of plates that could in theory print fake money also carries much heftier penalties than possession of dies that could in theory produce fake coins does. I'd also like to point out at this juncture that Mr Carr has been a member of this forum almost as long as I have. He last visited us back in February. He's more than welcome to participate in this thread and offer some explanation and justification for the Moonlight Mint's activities and products. The last time he did so, however, he made some arguments in his defence but for some reason subsequently deleted the arguments he made. I leave you to ponder why he might have done that.
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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Bedrock of the Community
13014 Posts |
Quote:The 1944 " no mint mark" Jefferson nickel never existed as a US Mint product, yet the ones Henning made are most certainly and historically recorded as counterfeits. How is this different? Being mostly unfamiliar with the back story of those I tried to do a little research. From what I could find it looks like Henning was a guy who had already been arrested for counterfeiting in the past who was making nickels in mass quantities to spend which is the exact opposite of what Carr is doing. Hes not pumping out 100s of thousands to spend and doesn't have a history of counterfitting bills. Which again all gets back to the spirit of the law and whats being done. Mass producing things and passing them off as a real nickel is completely different then making a few 100 ASEs of a completely different type that didnt exist. Henning may have had some argument if he made proof ones for a year there were no proofs, but with his past he was done for as soon as he started. Furthermore he picked a circulating coin that just had a minor adjustment that could have easily been a mint error to pass it off. Carr on the other hand picks years that dont exist or types that dont exist and signs his work on some of them. Henning did none of those, he picked a valid year of a valid type and just left off a mint mark. Its obvious what he was trying to accomplish. Quote: I'll make a $20 bill with a series year that never existed and put DC for a Federal Reserve code. I'll clean up and won't get in any trouble because its a fantasy note right? Sap beat me too it but you really cant even make the comparison. Bills are the back bone of commerce aside from credit cards, the government is going to have no tolerance for anything with them. The ASE in question is not anything commerce uses its a collectable so yes more leeway comes there. You also dont have a relationship with the people in charge as far as I know. If they knew who you were and you had PMG grade every one first making small quantities maybe they would allow it. Law enforcement at every level make decisions every day about what gets enforced and what doesn't, this is no different. Lawyers wouldnt make 100s an hour is the law was black and white and equally applied to everyone. It could be just as simple as they trust Carr not to churn out fakes and if someone else did it they would get arrested. None of us here are in a position to answer those questions as we have no idea whats gone on behind closed doors or what the people who do make those decisions are thinking.
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Moderator
 United States
189767 Posts |
Again, the intent of creator is not the issue. It is either illegal to reproduce coins or it is not. The law says you can, but only if you include COPY.
I can make a coin and keep it for myself. I have broken the law, but I have hurt no one. That, I understand.
Now, fast forward a few years. My personally made and enjoyed counterfeit coin changes hands, either by inheritance or theft. The new owner, not realizing what it is, tries to cash it in and is nabbed for passing a counterfeit.
They say ignorance is no excuse, but how long do you think it would be before law enforcement tracked this back to me?
When these DC replicas are eventually passed or sold as something they are not, what will prosecutors do? I do not know, and that is the heart of this discussion.
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Bedrock of the Community
13014 Posts |
Quote: They say ignorance is no excuse, but how long do you think it would be before law enforcement tracked this back to me? Theyd never spend time investigating a single coin. If they did that would be a good sign that its time to cut back on LEO budgets since their obviously isn't enough for them to do in order to justify their numbers. Quote: Again, the intent of creator is not the issue. It is either illegal to reproduce coins or it is not. Its impossible to deal with the issue without considering intent and how its being done. Its just not the same as pumping out fake Morgans from China or the Henning Nickels. Just like having a small bag of drugs isn't the same as being the Cartel smuggling them in. If laws were that black and white lawyers wouldnt exist and certainly wouldnt be making what they are now if they did. But when it comes to being illegal or not it again gets back to what is a reproduction? How do you reproduce something that never existed? The Peace dollar is the one a good argument could be made for, but that would require the government admitting some exist. If every last one was destroyed it never existed since theres no way Carrs could be confused for something that was destroyed.
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Pillar of the Community
United States
2335 Posts |
Quote: Its impossible to deal with the issue without considering intent and how its being done. Its just not the same as pumping out fake Morgans from China or the Henning Nickels. Just like having a small bag of drugs isn't the same as being the Cartel smuggling them in. If laws were that black and white lawyers wouldnt exist and certainly wouldnt be making what they are now if they did. Your analogy is incorrect. Drug laws are precisely written, clearly laying out exactly what a drug is & outlining the penalties...in most cases based on quantity. Enforcement of the law is somewhat arbitrary & it's unlikely a casual drug user will be sought out by law enforcement agencies with the same vigor they pursue drug cartels, but that doesn't mean possession of a small quantity falls into a grey area. The relevant law concerning coins is the one that has been referenced here many times. There is no doubt what the law states. The ONLY argument that can be made in favor of Mr. Carr's creations is that they don't fall under that law because they are based on coins that "never existed".....& the relevance of that will only be determined if/when the government decides to enforce the law as written.
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Replies: 72 / Views: 15,463 |