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Replies: 55 / Views: 4,770 |
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Bedrock of the Community
United States
14454 Posts |
what MorganFred said is just the facts, like it or not thats still the way it is. if the family would have sold them on the black market and gotten caught (knowing they were illegal) would they be prosecuted like someone would be if they were selling illegal drugs? Probably not but they would still be doing an illegal act and that would be the reason for them selling on the black market and not on open market. And frankly I am suprised at the poll results so far because this is a known fact that has been said, and yet people are still voting that the coins actually belong to the family? I dont understand the reasoning behind their votes unless they are thinking morally instead of legally and well lets face it legal issues is what creates the problem in this situation and what keeps the family from actually owning the coins
Edited by Bryan1315 08/06/2006 11:11 pm
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Pillar of the Community
United States
2365 Posts |
Well said Bryan and Fred! Sorry that I got into the legal ease. I don't know what got into me - old habits I suppose!
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Rest in Peace
United States
2684 Posts |
Even if the family had held onto them for another 50 or 100 years and kept them hidden, they would still belong to the US government, presuming all else remains the same (i.e., no new nor "amnesty" laws). I don't believe there is any statute of limitations on possession of stolen property since the clock doesn't start ticking until the fact is ascertained that a person possesses such property. I dimly recall a number of years ago some recovered money stolen by Jesse James (I think) from Wells Fargo (I think) was returned to Wells Fargo.
The justice system also looks at intent. Since the Switt family did not apparently intend to deceive nor defraud the government (as evidenced by their, to us, naive actions) even though they possessed stolen property, the Federal Government was not inclined to prosecute. If they had hidden the coins for, say, 50 years and it could be proved in court that they knew the coins were stolen, that would be a different matter. If Israel Switt were still alive, however, it's a sure bet he would be on the inside looking out and wearing a new orange jumpsuit.
On very rare occasion, the US government through a Special Congressional Act will award specific individuals gratuities or advantages or rights for the sole benefit of one or a small number of persons. While this is most often used to award US citizenship to an individual who is unable to comply with the wait period and other citizenship requirements or has "earned" citizenship for meritorious service to the US, it also could conceivably be applied to the Switt family. This might be their only option, but they need to petition their Congressman or Senator to get the initiative started.
Fred
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Pillar of the Community
United States
756 Posts |
I say the Swiffs. Please don't ask me to argue why I think. I guess if the feds can conduct illegal acts, the swiffs can have their illegal coins.
Eye for an Eye
(no pun intended from here at work)
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Valued Member
United Kingdom
438 Posts |
I've always found this interesting. A similar case happened in Britain with the Edward VIII coinage, it was minted in some quantities (no one has any idea how much of what was minted), however, because of the abdication the coinage was never given Royal authority and never released. However, during 1936 some Edward VIII brass threepences were being used as test pieces in vending machines, since it was a new denomination and a twelves sided one at that. Now for some reason a handful (maybe only one or two) of these escaped the mint and went into circulation. Now the mint never officially released them as I can tell so technically they should never have left the mint. However, these things swiftly disappeared into collector's pockets. They do come up for sale in auctions every now and again. There was one sold at an auction last year, and neither the government nor The Royal Mint even batted an eyelid. They couldn't give a stuff. Same with the 1933 pennies, they were never released either but a few got out and are in private hands. Why are the British government and mint so lax about it compared to the US variants? When I presume (i say presume) the coins were smuggled out in both cases.
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Member
 United States
3242 Posts |
I thank everyone for the veiws on this subject! I did not think at as collectors you would side so much with the goverment? If you get Coin World date 8/14 read the hole story on page 1 and page186&187. All I have left to say is if you have a good lawyer& money you make a deal with the mint maybe you can get 7.8 million dollar coin. and thanks for all the good input!!!! Thanks amac44
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Bedrock of the Community
United States
14454 Posts |
amac44 its got nothing with siding with either one of them, it is just the facts. Your question didn't say who should they belong to, you asked whos were they and the facts have shown that they belong to the US Government. I am sure each and everyone of us would like to see the family be able to keep the coins but as far as the law goes, that just aint gonna happen because they are illegal to own
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Rest in Peace
United States
2684 Posts |
quote: Originally posted by amac44
I thank everyone for the veiws on this subject! I did not think at as collectors you would side so much with the goverment? If you get Coin World date 8/14 read the hole story on page 1 and page186&187.
All I have left to say is if you have a good lawyer& money you make a deal with the mint maybe you can get 7.8 million dollar coin.
and thanks for all the good input!!!! Thanks amac44
Angelo, I don't even the best lawyer in the world is gonna do more than break even on this one and, in fact would probably lose such a case with no deals made. Of course, it's the lawyers who always win in any event, win or lose the case. I wouldn't state that we are siding with the government; rather, we are just stating the facts in this matter, specifically that these '33 St. Gaudens are stolen property from the government, the government wanted their property back, it got its property back, and it intends to keep them. I'd like to thank YOU for introducing a very thought-provoking, interesting, and lively topic. Topics such as these keeps us a happy group. Fred
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Bedrock of the Community
United States
12437 Posts |
I dont believe anyone has mentioned this little fact yet:
The biggest difference between the Farouk specimen and the Switt specimens is the fact that King Farouk was granted an export license by the Dept of Commerce to bring his example to Egypt even though the Department of Treasury had a seizure order for them. It was a case of the left hand not knowing what the right hand was doing. The export license was the key piece of evidence in the trial that deemed the piece legal to own.
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Member
 United States
3242 Posts |
Well if your a King of ONE counrty we needed back in the 70s help support the US OIL demands you can get special treatment. At the time king Farouk was one of our freinds with oil. At the time we had hope our stations gas pump had gas and if was the day you were able buy gas.that may have been before you were born?that is not to put you do in any way shape or form.That the 70s in a nut shell no gas and no jobs
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Bedrock of the Community
United States
12437 Posts |
quote: Originally posted by amac44
Well if your a King of ONE counrty we needed back in the 70s help support the US OIL demands you can get special treatment. At the time king Farouk was one of our freinds with oil. At the time we had hope our stations gas pump had gas and if was the day you were able buy gas.that may have been before you were born?that is not to put you do in any way shape or form.That the 70s in a nut shell no gas and no jobs
Not really sure what you are talking about in regards to Farouk. He exported the 1933 St. Gaudens in the 1940s and he died in 1965. He wasnt alive during the oil embargo and shortages of the 70s. Your percieved "special treatment" for oil help is not based in fact.
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Member
 United States
3242 Posts |
It was anwar sadat in the 70s but all I was saying is we have givin the leader in the mideast special treatment.manly to keep a good supply of oil for our gas hog cars.you are right,I was wrong
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New Member
Germany
12 Posts |
whre are the eagles 1933 now? very interesting question for me. who is the owner......
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Bedrock of the Community
United States
14454 Posts |
The Government has them, and since they confiscated them they are the owners of them because they are illegal for anyone else to own
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Valued Member
United States
458 Posts |
IMHO, I think the government has opened the door for the family to try and recover the coins. What if these coins were legally purchased before they became illegal? Now to my point, when they let that 1 1933 be monetized and made "legal tender" the mint opened the door. What makes you think with a hot lawyer or 2 or 3, and deep pockets perhaps the one who beat the government last time, the family could win. The question I have are they fighting now to trying to recover the coins? and 2, Do they know how the original swiff got possession of those 10? If he stole them it is one matter, (then they belong to the government) if they were given to him, thats another matter, IF he purchased them BEFORE they were made illegal, they belong to the family--This could drive a normal person insane hahaha  PS: Remember, it is now LEGAL to own gold, current law should over rule that old law, IMHO.
Edited by CiScO 09/24/2006 10:40 am
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Replies: 55 / Views: 4,770 |