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New Bill To Go After Sellers Of Fake Numismatic Items

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westcoin's Avatar
United States
9792 Posts
 Posted 12/26/2014  12:43 pm Show Profile   Bookmark this topic Add westcoin to your friends list Get a Link to this Message Number of Subscribers
This bill will hopefully pass the house and become law soon!

http://www.numismaticnews.net/buzz/...id=245994310
"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.

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Edited by westcoin
12/26/2014 2:41 pm
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SsuperDdave's Avatar
United States
23522 Posts
 Posted 12/26/2014  1:00 pm  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply
Oh, my goodness. You might want to note that the President signed it on 19 December. It's law now.


Quote:
It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).


Um, hello, ebay?
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Tim Stroud's Avatar
United States
2661 Posts
 Posted 12/26/2014  1:49 pm  Show Profile   Bookmark this reply Add Tim Stroud to your friends list Get a Link to this Reply
Sadly, I do not feel that this will do much to stop it. We already had laws in place, what we need is enforcement.
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Pacificoin's Avatar
Canada
5394 Posts
 Posted 12/26/2014  2:04 pm  Show Profile   Check Pacificoin's eBay Listings Bookmark this reply Add Pacificoin to your friends list Get a Link to this Reply
Ebay and others had better take notice! I wonder what will done with ALIBABA as well.
Edited by Pacificoin
12/26/2014 2:14 pm
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SHAFTA9a's Avatar
Canada
10743 Posts
 Posted 12/26/2014  3:06 pm  Show Profile   Bookmark this reply Add SHAFTA9a to your friends list Get a Link to this Reply
If I printed off paper money on my printer, wouldn't that be the same as putting counterfeit coins on ebay?

Law enforcement should be looking into this problem.
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ratio411's Avatar
United States
1208 Posts
 Posted 12/26/2014  3:51 pm  Show Profile   Bookmark this reply Add ratio411 to your friends list Get a Link to this Reply
Bobby has an inside source within the bay...
I wonder if he'll ask his source what this will do to policy?
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westcoin's Avatar
United States
9792 Posts
 Posted 12/26/2014  4:24 pm  Show Profile   Bookmark this reply Add westcoin to your friends list Get a Link to this Reply

Quote:
Oh, my goodness. You might want to note that the President signed it on 19 December. It's law now.


Good to know! Thanks SD!
"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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sel_69l's Avatar
Australia
21786 Posts
 Posted 12/26/2014  5:28 pm  Show Profile   Bookmark this reply Add sel_69l to your friends list Get a Link to this Reply
This Law should encourage the professional fake manufacturers and scammers to lift their game to higher levels of skill and deception.
I feel that it certainly won't stop the Chinese with modern minting equipment. Their fakes of rare silver and gold coins will now be more commonly made from .900 silver or gold.

Nevertheless the new Law should be most welcome, and should have some effect to discourage most of the less skillful fake manufacturers and scammers. However, it would be much too hopeful to think that it will stop the less professional of them completely.

Even from the start of coinage in ancient times, there has always been the presence of fake coins of various types, and I see no reason why that condition of human nature should change.
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Chute72's Avatar
United States
1314 Posts
 Posted 12/26/2014  6:53 pm  Show Profile   Bookmark this reply Add Chute72 to your friends list Get a Link to this Reply
Were we having any problems before, that were not solvable with the enforcement of existing laws?
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SsuperDdave's Avatar
United States
23522 Posts
 Posted 12/26/2014  8:01 pm  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply
This makes ebay and equivalent unable to weasel out from under complicity due to their status as a communications medium, not a party to the transaction. They've been able to do that until now. All we have to do is provide them timely and accurate information; if they don't then act, they're complicit in a felony.

ebay, obviously, isn't going to allow that kind of exposure. That's equally good for us.

Depending on how it plays out in the real world, it may be necessary to cause some lesser outlet to be prosecuted to set a precedent. Hopefully somebody's already looking at that.
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vermontensium's Avatar
United States
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 Posted 12/26/2014  8:16 pm  Show Profile   Check vermontensium's eBay Listings Check vermontensium's eCrater Listings Bookmark this reply Add vermontensium to your friends list Get a Link to this Reply
Exactly. ebay better start hiring more coin folks to either patrol or take care of reported items.
It is now law ebay.
This is your wakeup call Bud. Go to work.
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Pacificoin's Avatar
Canada
5394 Posts
 Posted 12/26/2014  8:36 pm  Show Profile   Check Pacificoin's eBay Listings Bookmark this reply Add Pacificoin to your friends list Get a Link to this Reply
Totally agree ebay will have No choice but to start paying very close attention !
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sel_69l's Avatar
Australia
21786 Posts
 Posted 12/26/2014  9:35 pm  Show Profile   Bookmark this reply Add sel_69l to your friends list Get a Link to this Reply
ebay are not the experts in picking fake coins.
By innuendo, some of us to a greater or lesser extent are, and need to exercise what ability we have. Some of us have already exercised that ability. That needs to be increased however, just to assist in protecting ourselves.

Most of the motivation and activity in supressing the scammers should come from us. We, after all, are the beneficiaries of that activism. If we choose to be lazy, the new Law will have no teeth.
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Earle42's Avatar
United States
10038 Posts
 Posted 12/27/2014  01:37 am  Show Profile   Bookmark this reply Add Earle42 to your friends list Get a Link to this Reply
Let us hope this was not just some Legislative act, but they give teeth to it. Recently law ENFORCEMENT has not been carried out on powerful laws on the books on some very major issues.

Remember when the FBI raided the Liberty Dollar (NORFED) producer, they also said to ebay that ebay could no more legally allow NORFED auctions. From that time on, I made an ebay search to daily send new NORFED listings to my email. Granted the auctions cut way down, and likely because the FBI put a scare into people saying NORFED products might be confiscated from everyone, and they were illegal to own, but the auctions never stopped.


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Chute72's Avatar
United States
1314 Posts
 Posted 12/27/2014  04:33 am  Show Profile   Bookmark this reply Add Chute72 to your friends list Get a Link to this Reply
Thanks for the education, this is how I learn. Next question. How will this affect the highly prized "Privately" made Morgan dollars - such as the Micro O's?
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BStrauss3's Avatar
United States
4591 Posts
 Posted 12/27/2014  09:25 am  Show Profile   Bookmark this reply Add BStrauss3 to your friends list Get a Link to this Reply
As always, it's never THAT simple. All that H.R. 2754 actually does is this:

http://thomas.loc.gov/cgi-bin/query...13:H.R.2754:


Quote:
The Hobby Protection Act (15 U.S.C. 2101 et seq.) is amended--
(1) in section 2--
(A) in subsection (b), by inserting `, or the sale in commerce' after `distribution in commerce';
(B) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following:
`(d) Provision of Assistance or Support- It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).'; and

So where is used to be illegal to distribute, it's now illegal to distribute or sell!


The devil is in the enforcement, which comes down to whether the FTC and the Assistant US Attorneys will choose to use scarce resources to chase retail counterfeiters selling on ebay. Not going to happen.


However, there is a path... anyone have a law license and want to use it? Or better retired and willing to file pro se and have no money so you qualify for In forma pauperis?

15UCS48 § 2102. Private enforcement already allows for individuals to file on behalf of the US.

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.


The rules differ by court, based on the wording in S2102 it's safest to file where you live. For example NYC: http://www.nysd.uscourts.gov/courtr...p?prose=fees
-----Burton
50+ year / Life / Emeritus ANA member (joined 12/1/1973)
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Owned by three cats and a wife of 40+ years (joined 1983)

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