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Replies: 28 / Views: 6,213 |
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Pillar of the Community
 United States
3843 Posts |
Thanks jmkendall! Great post that should clear the issue up for forum members residing in the State of Ohio.
Seems that the law isn't broken but the victims don't have the legal knowledge to know how to respond when the pawnbroker demands to be reimbursed for the stolen property.
Edited by Joe2007 01/19/2016 11:13 pm
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Bedrock of the Community
United States
11951 Posts |
Because I get to see both sides of this issue, I think some might look at each case on it's own merit.
Most coin shop / pawn shop do not want to purchase stolen items.
To me it seems like the owner has (sometimes) fault in the items being stolen. Not securing the items, no insurance. Many times I ask, where were the coins, my head will hurt, when I hear on my dresser, or the closet shelf.
I have seen many times it is a family member or family friend that has done the stealing. And they want their stolen items back, with out filing charges against the thief. This can cause problems with the shop owners getting restitution.
We had a case where coins and jewelry were sotolen, the owner came in to identify the items, we had to hold them for the police to work the case. When the owner was in the shop she mentioned she was getting her insurance claim, other household items were stolen.
In this case the Judge ordered the items returned, with out addressing the lady got paid from the insurance company.
So the only ones that lost out, was the coin shop. Most times restitution is never paid to the shop owners.
I have seen a very good coin shop go out of business over the thief of 50K in gold coins.
I think it is a bad deal all around, for both the owner/victim and the shop.
I wonder what would happen if there were no local shops in the area. Would the coin just be spent? Or maybe taken far out of the area. The coins may never get recovered.
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Pillar of the Community
 United States
4593 Posts |
Oh yeah, blame the victim - you didn't secure your coins properly, so you deserved to get ripped off? Nice. Once the property is stolen, the 1st buyer can't deliver title, even if s/he bought in good faith. That's why pawn broker laws often stipulate a holding period for goods before resale. Quote: 4727.10 Prohibited transactions.
No person licensed as a pawnbroker shall receive any pledge or purchase any articles from any minor, from any person who is at the time intoxicated or under the influence of a controlled substance, from any person who is known or believed by the licensee to be a thief or a receiver of stolen property, or from any person identified in writing to the licensee by the chief of police of a municipal corporation or township, the sheriff, or the state highway patrol as a known or suspected thief or receiver of stolen property. http://codes.ohio.gov/orc/4727Also see 4727.12 Required retention period. It's utterly amazing that Ohio allows the pawn broker - whether they acted in good faith OR not - to charge the owner of the property to return it.
-----Burton 50+ year / Life / Emeritus ANA member (joined 12/1/1973) Life member: Numismatics International, CONECA Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club Owned by three cats and a wife of 40+ years (joined 1983) Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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Bedrock of the Community
United States
11951 Posts |
Quote: Oh yeah, blame the victim I figured this might come up. There is more than one victim. Coin owner and the coin shop I am a big supporter in personnel responsibility. Most of the replies were against the coin shops. I try to look at both sides, try and feel the pain of the coin shops. I think the anger should be at the person that stole the coins. Some are saying that the coin shops should always give the coins back, and it is the coin shops responsibility to recover their money from the thief. I feel each case is different, and sometimes the owner has "some" responsibility. Each state has laws that are different, some States do understand that the coin shops and pawn shops should not be held responsible all the time.
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Bedrock of the Community
United States
17884 Posts |
My reading of 4727.12 (C) allows the pawn broker to return the property to the true owner or if he doesn't the owner can compel him to return them through court action.
4727.12 (D) allows the pawn broker to recover payment for the item from the person that sold or pawned the item or his associates/accomplices if he returns the item, it does NOT allow him to charge the owner of the item that it was stolen from.
I see nothing there that permits him to keep the items until the owner repays him for them, or that allows him to charge the owner for their return.
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Pillar of the Community
United States
1590 Posts |
Condor, I'm out of state right now, or I would just look up on the wall and find the Code section for you.
It most certainly does provide for the owner reimbursing the Shop. However; as I mentioned it is only one of three permitted actions.
If I may though, it is not only the shop owners that perpetuate the first option; it is often law enforcement. Police in my town will tell the victim that if they find the item they MUST pay the shop owner for it/them to recover their property; unless the Police themselves recover the items when they are listed online with Law Enforcement. I believe that it is a case of pure laziness. It is just so much easier for the Police than having to deal with the shop owner and the property owner.
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Bedrock of the Community
United States
11951 Posts |
It is pretty much the same here, in our town, we work with the police and they tell the owner they must reimburse the shop, then go after the thief.
Also coin shops and pawn shop rules are different. In Florida, as a coin shop we are not required to hold coins or log who we bought them from. Many times coins we take in are sold that day, or within a week.
Try to imagine someone getting a can of silver coins stolen. If they get taken to a coins shop, most times they get thrown into a silver coin bucket with many more silver coins. Customers will sort though the coins pick out the ones they want. Most dealers work with other dealers and bulk sell, so more of them are sold off. How do you identify which coins came from which sale.
Then a week a so later someone comes in and ask if someone sold some silver coins ..... Of course they don't know how many dollars, quarters ...etc. or the don't know any dates. Even if they are slabbed coins ... What are the grades or the slab number. They might know who they suspect ...which is not a lot of help.
Put yourself in the dealers position .... it looks different from that side of the counter.
From my experience a very small percentage of stolen coins find their way back to the owner.
It is best to be more responsible and secure your coins as much as possible. keep your most valuable coins in a bank security box. Have a safe... Hide the safe. Have dogs. And a home security system.
For me ... If your coins are stolen, why is the dealer responsible? No matter what the law is.
Unless he knows he is buying stolen coins. Then that is a different story.
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Pillar of the Community
 United States
3843 Posts |
Although I can sympathize with coin shop owners when they get burned when unknowingly purchasing stolen property, however they are the ones that can better afford to absorb the loss. It is just another cost of being in the business and surely they will adjust their buy/sell margins to compensate.
Shop owners need to do their due diligence when purchasing items. Ask questions on where the items were obtained and if the story doesn't sound right don't make the purchase. Make the seller provide good identification (and make a photocopy), sign an affidavit stating that they are the owner of the property, have visible surveillance cameras recording the transaction, and pay in check. These simple things will help to deter purveyors of stolen goods from using your shop as a dumping place for their ill gotten gains.
Collectors would do well to maintain an inventory of their collection so if it ever becomes necessary they could produce a list of their coins including, dates, mintmarks, slab cert. #'s, and if possible photos so that a positive identification can be made.
Personally I think that law enforcement should give coin dealers a heads up when a collection is stolen in their area. Leeds Online is a nice idea but it only works after the dealer has purchased the item(s) and has entered them into the system.
Edited by Joe2007 01/20/2016 7:06 pm
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Pillar of the Community
United States
1068 Posts |
Quote: Shop owners need to do their due diligence when purchasing items. Ask questions on where the items were obtained and if the story doesn't sound right don't make the purchase. Make the seller provide good identification (and make a photocopy), sign an affidavit stating that they are the owner of the property, have visible surveillance cameras recording the transaction, and pay in check. These simple things will help to deter purveyors of stolen goods from using your shop as a dumping place for their ill gotten gains.  All pawn/coin shop owners should be required by law to do this... If I owned a shop I would be doing this and I would make sure area police stations would have my contact information in case they needed my help with stolen goods...
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Bedrock of the Community
United States
11951 Posts |
A lot just posted, is easier said than done.
Many smaller coin shops can not absorb a loss on a big collection. It could put them out of business ...and does.
As far as working with police, we do. And have help put more than I can count in jail. Some get arrested right at the shop. Yes we have cameras and do provide video when requested by the police.
Our local police picked the shop I work at, as the test site for Leeds Online when the system first came to our county. They picked us because we work with them ...often.
Hands down ... Most coins are stolen by someone that has access to your home, like family, friends or workers doing work in your home.
All I am suggesting is don't use your local coin shops as part of your insurance of getting your coins back.
Protect your coins, before they get stolen.
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Bedrock of the Community
United States
17884 Posts |
Quote: Condor, I'm out of state right now, or I would just look up on the wall and find the Code section for you.
When You get back I would appreciate the code section information. The code information BStrauss posted dealt with pawn brokers and it did not allow for charging the owners to get ther property back. If there is a dfferint section of the code that deals with coin dealers I'd like to see how it differs.
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Pillar of the Community
United States
1590 Posts |
When we get coins or any precious metals in the shop we have to list how many of each denomination and/or type of coin, paper money, ect. We then post it on "leads online". As for losses....well it is a part of the equation. We do have to guard against buying stolen property. I believe the language of the law states that if we just suspect that the property is stolen we are not to purchase it. It can be hard when you deal with a lot of addicts, whether drugs or drink. Are they selling the collection that "Grandpa" gave them for drugs or are they selling something they stole? OF course if they are high or drunk we can't buy under any circumstances. MOST of these purchases are relatively minor. The large collections are usually brought in by older "Mom and Pops"; who are liquidating their retirement fund. 99 percent of those are legit. The one percent that are not can be devastating. It is up to us to be watchfull and to use good judgement. Oth, I just watched a dealer here in California buy a collection of Morgans ( about 100),Barber Halfs,Quarters, Dimes, Walking libety Halfs, Slqs, Buffalo nickels, Lincolns, IHC,ect, for $1400. And the dealer was silently pleading with me to keep my mouth shut. The reason? The Morgans included an 1896-S in MS, a couple of 1895-O's in VF, 1903-S in MS....and those were just the ones I saw. Needless to say when he noticed them in the Whitman folders he hurridly counted them and closed them. There was ONE coin in that buy that took could pay for buying the whole collection. And if you think he is the only dealer that buys like that......though most will have given at least a bit more. There is a tremendous profit potential in buying coins. Having said that most buys are of lesser coins and really consist of buying...say buffalo's at 15 cents and selling them "in the bin" for 50 cents. At the end of the day we typically make about 3 to 4 times our purchase price, but only after a lot of work. A piece of advice. Most shops pay a "per piece price" to buy coins. Only after a customer ask about the value of certain coins will most dealers adjust their purchase price. Lol, on the other hand, if I have had one customer come in and say "I saw it on the internet it's worth X dollars"; I have had thousands. I had a customer come in and try to sell a large cent to me at 10k because he saw one on the net that went for 100k, and figured his had to be worth a tenth of that price because the condition was about a tenth of the one they saw!
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Valued Member
United States
398 Posts |
So let's say it is a $25k coin pawned for $500 cause the their is stupid .... I'm sure the owner would be more than happy to pay the Pawn Broker .....
But what if the Pawn Broker paid $10k .... Should the owner be forced to pay, even though the Dealer paid $10k?
Seems to me there should be some sort of proof of ownership when the value of an item is over X dollars before one could sell the item or something cause it's certainly not working whom ever has to give up the $10k!
Edited by LocalCoinGuy 01/24/2016 10:25 am
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Replies: 28 / Views: 6,213 |