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Near Counterfeit?

361 posts in this topic

From the best I can tell, the number is closer to 3 years or more since production.
Found it:

 

Arrest for using Liberty Dollars

 

Further searches on Dan Buczek could produce more stories.

 

The US Mint, on the other hand, responded less than a year later.

 

http://usmint.com/pressroom/index.cfm?action=press_release&ID=710

 

 

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The point of the post was that fantasy coins have been struck in the past, rejected by collectors of the time, yet accepted by collectors (and TPG's) of today.

 

Collector perception or TPG recognition of "collectibility" is immaterial. Both groups can proclaim these as collectible, but it is within the sovereign authority of the government to pass and interpret laws regulating its coinage and items which carry the likeness of U.S. coins. There is nothing here to suggest that the federal government has adopted Carr's interpretation.

 

The last sentence above ignores the facts:

There certainly is something to suggest how the Government interprets the various laws as a whole.

 

Since 1973 I am aware of only two cases where the Government intervened in the production and marketing of privately-minted pieces:

 

1) The Washington Mint was sued for copyright infringement for making enlarged copies of the Sacagawea Dollar obverse. That is one of the few US coin designs that is actually copyrighted.

 

2) Bernard VonNothaus (the "Liberty Dollar" organization) was convicted of "counterfeiting" because they attempted to place their tokens into commerce as legal tender. The coins didn't look much like any actual US Coins, however. But note that Sunshine Minting, who made and posessed the dies, and struck the tokens, was never charged with anything.

 

Out of all the "replica" US coins made since 1973 (such as some I've already posted earlier in this thread), including many NOT marked "COPY", I do not know of a single one that was charged for possessing molds or dies in the likeness of US coins.

 

Can you point to any case since 1973 where a novelty coin maker (not involved in fraudulent activity) was charged with violating 18 U.S.C 487 (possessing molds or dies in the likeness of US coins) ?

 

According to the highest court of the land, the collective mothers of America, "but everybody else is doing it!" is not a valid justification of an action..

 

I think this situation is more like the "collective mothers of America" are interpreting their own rules in such a way that allows the kids to have a little bit more fun.

 

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Is it fraudelent to stamp copy on a coin that is not a copy and sell it that way?

 

MJ

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Is it fraudelent to stamp copy on a coin that is not a copy and sell it that way?

Like I said, there are issues on this one. And like he said, he's not interested in retaining me. Aw, shucks...

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Is it fraudelent to stamp copy on a coin that is not a copy and sell it that way?

 

MJ

 

Inaccurate in the opinion of some, yes; fraudulent, no. And with regards to the 1964-D Peace Dollars it is neither inaccurate nor fraudulent.

 

And even if you are correct in what I am inferring from your post, that does not excuse non compliance with the law. If anything, it would be a reason for why the pieces shouldn't be produced at all.

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Sorry for not reading every single post since this might have been asked and answered already but ---

 

Has anyone here ever discussed Carr's fantasy coins directly with someone at the Treasury Department, Secret Service or the FBI ?

 

Does anyone know of or have heard an official statement from the government about his coins ?

 

I could say that opinions are like _______ and we all have one. But the only opinion that truly counts on this issue is the FBI/DOJ/Secret Service/Dept of Treasury ect...

 

If they dont think Carr is violating any laws then all of our opinions really dont mean much - not even Carr's.

 

I do know that it takes YEARS for the FBI/Secret Service to conduct an investigation though. And we do know that they finally prosecuted NORFED's von NotHaus after 9 years of him producing his "coins." (BTW I am not stating Carr and von NotHaus are the same. Just making the point the wheels of justice turn slowly).

 

It just seems that this entire discussion can be quickly ended with a phone call to the proper decision makers.

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Sorry for not reading every single post since this might have been asked and answered already but ---

 

Has anyone here ever discussed Carr's fantasy coins directly with someone at the Treasury Department, Secret Service or the FBI ?

 

Does anyone know of or have heard an official statement from the government about his coins ?

 

I could say that opinions are like _______ and we all have one. But the only opinion that truly counts on this issue is the FBI/DOJ/Secret Service/Dept of Treasury ect...

 

If they dont think Carr is violating any laws then all of our opinions really dont mean much - not even Carr's.

 

I do know that it takes YEARS for the FBI/Secret Service to conduct an investigation though. And we do know that they finally prosecuted NORFED's von NotHaus after 9 years of him producing his "coins." (BTW I am not stating Carr and von NotHaus are the same. Just making the point the wheels of justice turn slowly).

 

It just seems that this entire discussion can be quickly ended with a phone call to the proper decision makers.

We await the response you receive from your phone call.................
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It just seems that this entire discussion can be quickly ended with a phone call to the proper decision makers.

Actually, save your dime, you're not going to get through.

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Actually, save your dime, you're not going to get through.

 

One of my best friends (40+ years) is a Special Agent in NYC with the Financial Fraud Enforcement Task Force. Also, I work with the DOJ and other regional FBI offices on a regular basis and I know several US Attorneys.

 

I dont have any contacts in Secret Service or the Treasury Department though but I would think others here might.

 

I'm just not sure which agency would be directly involved in something like this.

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This thread has taken a turn.... I guess anything is better than the brain-numbing back and fourth it was before...

 

 

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Actually, save your dime, you're not going to get through.

 

One of my best friends (40+ years) is a Special Agent in NYC with the Financial Fraud Enforcement Task Force. Also, I work with the DOJ and other regional FBI offices on a regular basis and I know several US Attorneys.

 

I dont have any contacts in Secret Service or the Treasury Department though but I would think others here might.

 

I'm just not sure which agency would be directly involved in something like this.

Huh?

 

You make a call, you file a report, you wait for the results, you report back.

 

 

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Huh?

 

You make a call, you file a report, you wait for the results, you report back.

 

 

File a report ? Im not understanding your point...

 

I was merely asking if anyone had bothered to contact anyone who's opinion actually mattered... There seems to be a lot of talk by those that are the most emotional about this issue - for and against.

 

I have no issue with Carr or his coins. Let the market decide their worth and the govt decide if they are legal.

 

I would assume that Carr either 1) asked the govt directly or 2) hired a lawyer that asked the govt directly. It would be rather myopic not too.

 

So without spending the better part of my day reading this thread and the countless other threads about Carr and his coins - I was asking a simple question maybe 2...

 

If someone would like me to, I have no objection in asking those that I know but I dont even know if I would be asking the right people... so I suppose the second part of my question is ... which agency would be the one to ask if his coins are legal ?

 

 

 

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Huh?

 

You make a call, you file a report, you wait for the results, you report back.

 

 

File a report ? Im not understanding your point...

 

I was merely asking if anyone had bothered to contact anyone who's opinion actually mattered... There seems to be a lot of talk by those that are the most emotional about this issue - for and against.

 

I have no issue with Carr or his coins. Let the market decide their worth and the govt decide if they are legal.

 

I would assume that Carr either 1) asked the govt directly or 2) hired a lawyer that asked the govt directly. It would be rather myopic not too.

 

So without spending the better part of my day reading this thread and the countless other threads about Carr and his coins - I was asking a simple question maybe 2...

 

If someone would like me to, I have no objection in asking those that I know but I dont even know if I would be asking the right people... so I suppose the second part of my question is ... which agency would be the one to ask if his coins are legal ?

 

 

 

To cut to the point:

 

Although I do believe Carr's coins violate federal statutes cited above as I interpret them, in his defense, he did contact the Secret Service, the FTC, and others and received something to the effect of "we don't interpret statutes for citizens" per his post which is neither here nor there. This does, however, address one of your questions.

 

And even though I am neither encouraging nor discouraging anyone to report the items, the following agencies have jurisdiction over these matters (if any or all of them are applicable):

 

Hobby Protection Act and other Consumer Protection Statutes - The Federal Trade Commission;

 

Anti-Counterfeiting and Related Statutes - The United States Secret Service in terms of investigation; the U.S. Treasury might also have interest;

 

 

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To cut to the point:

 

Although I do believe Carr's coins violate federal statutes cited above as I interpret them, in his defense, he did contact the Secret Service, the FTC, and others and received something to the effect of "we don't interpret statutes for citizens" per his post which is neither here nor there. This does, however, address one of your questions.

 

And even though I am neither encouraging nor discouraging anyone to report the items, the following agencies have jurisdiction over these matters (if any or all of them are applicable):

 

Hobby Protection Act and other Consumer Protection Statutes - The Federal Trade Commission;

 

Anti-Counterfeiting and Related Statutes - The United States Secret Service in terms of investigation; the U.S. Treasury might also have interest;

 

 

Thank you very much for taking the time to answer... I appreciate it. You saved hours of my life that I would never get back...

 

Unfortunately I dont have contacts at either the FTC, Secret Service or US Treasury.

 

However, for anyone that is interested - the FTC does provide advisory opinions to private businesses and industries on various issues and even posts those opinions publicly...

 

FTC Advisory Opinions --

 

If Carr or his attorney contacted the FTC and requested an advisory opinion it would be posted there...

 

The database goes back to 1982. I did a search for "Hobby Protection Act" "Carr" and "Coin" and "Coins" but it did not produce any search results. It doesnt mean he didnt ask for an advisory opinion, it just means those search terms didnt find any such opinion.

 

Its an interesting issue and I would have liked to find an FTC advisory opinion on point since at least, I believe, that would settle this issue once and for all. But maybe I am just too optimistic...

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To cut to the point:

 

Although I do believe Carr's coins violate federal statutes cited above as I interpret them, in his defense, he did contact the Secret Service, the FTC, and others and received something to the effect of "we don't interpret statutes for citizens" per his post which is neither here nor there. This does, however, address one of your questions.

 

And even though I am neither encouraging nor discouraging anyone to report the items, the following agencies have jurisdiction over these matters (if any or all of them are applicable):

 

Hobby Protection Act and other Consumer Protection Statutes - The Federal Trade Commission;

 

Anti-Counterfeiting and Related Statutes - The United States Secret Service in terms of investigation; the U.S. Treasury might also have interest;

 

 

Thank you very much for taking the time to answer... I appreciate it. You saved hours of my life that I would never get back...

 

Unfortunately I dont have contacts at either the FTC, Secret Service or US Treasury.

 

However, for anyone that is interested - the FTC does provide advisory opinions to private businesses and industries on various issues and even posts those opinions publicly...

 

FTC Advisory Opinions --

 

If Carr or his attorney contacted the FTC and requested an advisory opinion it would be posted there...

 

The database goes back to 1982. I did a search for "Hobby Protection Act" "Carr" and "Coin" and "Coins" but it did not produce any search results. It doesnt mean he didnt ask for an advisory opinion, it just means those search terms didnt find any such opinion.

 

Its an interesting issue and I would have liked to find an FTC advisory opinion on point since at least, I believe, that would settle this issue once and for all. But maybe I am just too optimistic...

 

Now this is interesting. I was always under the impression (prior to your link) that these advisory opinions were only for other government agencies, particularly law enforcement agencies. As someone with a valid Virginia LLC, I might very well pose a hypothetical to them concerning the 1964-D Peace Dollars being struck in the manner that Carr's pieces are without mentioning Carr specifically to see what the response is. It is doubtful that they would associate any such inquiry with him directly, and it would provide an interesting way of testing Carr's claim that the federal government has adopted an interpretation of the Hobby Protection Act favorable to him without being accused of trying to sabotage his work (if it turns out that the government were to agree with him).

 

Unfortunately, the FTC would only address the Hobby Protection Act and not the provisions in Title 18 of the U.S. Code that were cited or would they (it seems out of their jurisdiction on the other stuff)? hm

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Now this is interesting. I was always under the impression (prior to your link) that these advisory opinions were only for other government agencies, particularly law enforcement agencies. As someone with a valid Virginia LLC, I might very well pose a hypothetical to them concerning the 1964-D Peace Dollars being struck in the manner that Carr's pieces are without mentioning Carr specifically to see what the response is. It is doubtful that they would associate any such inquiry with him directly, and it would provide an interesting way of testing Carr's claim that the federal government has adopted an interpretation of the Hobby Protection Act favorable to him without being accused of trying to sabotage his work (if it turns out that the government were to agree with him).

 

Unfortunately, the FTC would only address the Hobby Protection Act and not the provisions in Title 18 of the U.S. Code that were cited.

 

Agreed. But I cant imagine that Carr didnt seek legal advice on this issue prior to the commencement of coining his fantasy pieces. And any lawyer worth their salt would have immediately advised him to get an advisory opinion from the FTC.

 

I couldnt imagine a situation where the FTC says that the pieces don't run afoul of the Hobby Protection Act but the Secret Service claims they are counterfeit. That would be a very interesting situation. I think having an FTC advisory opinion in your favor would go far in convincing the Secret Service or US Treasury Department that your coins were copacetic.

 

 

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Huh?

 

You make a call, you file a report, you wait for the results, you report back.

 

 

File a report ? Im not understanding your point...

 

I was merely asking if anyone had bothered to contact anyone who's opinion actually mattered... There seems to be a lot of talk by those that are the most emotional about this issue - for and against.

 

I have no issue with Carr or his coins. Let the market decide their worth and the govt decide if they are legal.

 

I would assume that Carr either 1) asked the govt directly or 2) hired a lawyer that asked the govt directly. It would be rather myopic not too.

 

So without spending the better part of my day reading this thread and the countless other threads about Carr and his coins - I was asking a simple question maybe 2...

 

If someone would like me to, I have no objection in asking those that I know but I dont even know if I would be asking the right people... so I suppose the second part of my question is ... which agency would be the one to ask if his coins are legal ?

 

 

Daniel Carr already "asked" and was given the circular response by 3 Agencies.

 

I'm of the opinion that folks need to stop asking for opinions and instead file a complaint of wrong doing. What I mean by that is all the evidence is there and if some really felt like this was a direct violation of the law then they should file a complaint.

 

That's how legal questions get addressed.

 

It should also evoke some type of sharable response.

 

 

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I wrote to the FTC twice.

The second inquiry was sent via USPS Express Mail with signature required on delivery. They got it, but never replied in any way to either letter.

 

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Did you write the letter yourself ? Or did you hire an attorney to write it ?

 

Can you post a copy of the letter here ? I tend to think their lack of a response may have more to do with how it was worded than anything else.

 

I have requested advisory opinions (never from the FTC) from two different governmental agencies and found that to be an issue.

 

I know an attorney who has had to deal with several FTC investigations that I will talk to in regards to some insight into getting an advisory opinion, if you are interested.

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I wrote to the FTC twice.

The second inquiry was sent via USPS Express Mail with signature required on delivery. They got it, but never replied in any way to either letter.

 

I totally get that you attempted to get information and/or an opinion from them without a reply. Approximately two years I asked the Mint's information office the highly explosive, inflamatory and controversial question "When did the Mint first start selling rolls of coins directly to collectors?" and I have not yet received a reply, despite two followup reminders.

 

Apparently both agencies have the policy "Maybe if we ignore them long enough they will go away."

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Did you write the letter yourself ? Or did you hire an attorney to write it ?

 

Can you post a copy of the letter here ? I tend to think their lack of a response may have more to do with how it was worded than anything else.

 

I have requested advisory opinions (never from the FTC) from two different governmental agencies and found that to be an issue.

 

I know an attorney who has had to deal with several FTC investigations that I will talk to in regards to some insight into getting an advisory opinion, if you are interested.

 

I have the original letter filed away somewhere as a hardcopy, along with the express mail receipt. If I get a chance to look for it, I will. In the letter I asked about a potential scenario of over-striking exisiting Franklin silver half dollars to make them look like "1964" dated coins, and then selling them as privately-altered novelty items.

 

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Did you write the letter yourself ? Or did you hire an attorney to write it ?

 

Can you post a copy of the letter here ? I tend to think their lack of a response may have more to do with how it was worded than anything else.

 

I have requested advisory opinions (never from the FTC) from two different governmental agencies and found that to be an issue.

 

I know an attorney who has had to deal with several FTC investigations that I will talk to in regards to some insight into getting an advisory opinion, if you are interested.

 

I have the original letter filed away somewhere as a hardcopy, along with the express mail receipt. If I get a chance to look for it, I will. In the letter I asked about a potential scenario of over-striking exisiting Franklin silver half dollars to make them look like "1964" dated coins, and then selling them as privately-altered novelty items.

 

I'm not being a smart butt here, but did you ever contact specifically about your 1964-D Peace Dollar coins?

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Once Upon A Time –

 

There was a little boy who watched his Mother bake chocolate chip cookies. They smelled soooo good, and he wanted some. But his Mother said, “No, these cookies are special. They are for children who are not as fortunate as you.”

“But, Mom, I want some cookies. I want some now,” insisted the little boy.

“No, you may not have these cookies,” said his Mother. “I am going outside to tend the garden. You can help me, or you can play with your new engineering toy.”

“I’ll stay here and play engineer,” said the little boy.

 

The little boy started playing with his engineer toy and pretended he was making tall buildings and great bridges. But he smelled the wonderful aroma of the cookies. He wanted some cookies – even just one.

 

“Well,” he thought, “Mother said I could not have these cookies. Maybe if I ask her again, she will let me have some.”

The little boy screwed up his face, and pumped up his courage and said in his best whisper, “Mother, may I have a cookie?”

There was no reply. His Mother was in the garden, and could not possibly hear the little boy whisper.

He asked again, also in a very quiet voice, “Mother, I want some cookies. Can I have some cookies?”

As before, there was no answer.

 

The little boy thought “I’ve asked Mother for permission to have some cookies. She knows I love chocolate chip cookies. I’m a good boy and I should have a cookie. I think I heard her say ‘Yes.’”

‘Thank you, Mother,” he said in a quiet voice.

The little boy climbed on top of his engineering toy and up to the counter where a big plate of cookies was cooling. He took one and ate it. Then another and another.

“These are good cookies,” he said to himself, and he took the whole plate off the counter and went out the front door to eat just one more.

Outside, some other children saw the little boy with the plate of cookies. They ran up excitedly, “Can I have one?” “Can I?” How about me,” asked another?

 

The little boy had an idea.

“Yes, you can all have some cookies, but they will cost you 25-cents each. My Mom just baked them and they are still warm.”

The other children wanted cookies, too, so they reached into their pants pockets and paid for the cookies. Soon, the plate was empty.

The little boy smiled, “Look at all the money I made! Mom will be proud of me for selling these cookies.”

 

As the little boy walked back toward his house, his Mother was coming out the door.

“Where are the cookies I just baked?” she asked. “Did you eat them all?”

“No, Mother,” I ate some and I sold the rest. See, look at all the money I made,” proudly dumping the shiny coins on to the empty cookie plate.

“You were told not to eat the cookies but you did that anyway. And, on top of that you admit you sold some, also,” scolded his Mother.

“But…but...but, Mother,” pleaded the little boy, “I asked permission…” his voice trailed off as he broke into tears.

“You asked permission?” his Mother asked. “I did not hear you ask, and I did not tell you to eat cookies and sell the rest.”

“Well, I asked, and when I didn’t hear anything I thought you meant it was OK to have some cookies,” he opined.

“You thought wrong, young man,” said his Mother, who was very upset with her son. “You have been a bad little boy and you will be punished. You are grounded for a week, and I will take all the money you got from selling the cookies and more from your allowance to buy ingredients to make a new batch of cookies.”

“It also means,” she added, “That you cannot go swimming this afternoon, or to the amusement park on Saturday, or on the school picnic trip, or to the baseball game with your father and brothers.”

“You must learn how to behave better, and to be trusted to do what you are told and what is right,” she said as she firmly escorted him into the house and to his room. She also took away his engineering toys.

 

The End ;)

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I wrote to the FTC twice.

The second inquiry was sent via USPS Express Mail with signature required on delivery. They got it, but never replied in any way to either letter.

 

I totally get that you attempted to get information and/or an opinion from them without a reply. Approximately two years I asked the Mint's information office the highly explosive, inflamatory and controversial question "When did the Mint first start selling rolls of coins directly to collectors?" and I have not yet received a reply, despite two followup reminders.

 

Apparently both agencies have the policy "Maybe if we ignore them long enough they will go away."

 

I don't have an official citation worthy of publication, but the first coins I remember see being packaged in mint rolls were the 2000 Sacagawea Dollars. I don't think they made mint rolls of any of the 1999 quarters and I certainly don't remember anything before that, at least in recent times.

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I wrote to the FTC twice.

The second inquiry was sent via USPS Express Mail with signature required on delivery. They got it, but never replied in any way to either letter.

 

I totally get that you attempted to get information and/or an opinion from them without a reply. Approximately two years I asked the Mint's information office the highly explosive, inflamatory and controversial question "When did the Mint first start selling rolls of coins directly to collectors?" and I have not yet received a reply, despite two followup reminders.

 

Apparently both agencies have the policy "Maybe if we ignore them long enough they will go away."

 

I don't have an official citation worthy of publication, but the first coins I remember see being packaged in mint rolls were the 2000 Sacagawea Dollars. I don't think they made mint rolls of any of the 1999 quarters and I certainly don't remember anything before that, at least in recent times.

 

As best as I can tell the first of the statehood quarters sold by the roll were the 2000 New Hampshire, but I cannot verify that. It would make sense that they sold the Sacajaweas because they were serious about making them work, and then thought "Gee, we should be be selling the statehood quarters as well," but I can't verify anything.

 

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Once Upon A Time –

 

There was a little boy who watched his Mother bake chocolate chip cookies. They smelled soooo good, and he wanted some. But his Mother said, “No, these cookies are special. They are for children who are not as fortunate as you.”

“But, Mom, I want some cookies. I want some now,” insisted the little boy.

“No, you may not have these cookies,” said his Mother. “I am going outside to tend the garden. You can help me, or you can play with your new engineering toy.”

“I’ll stay here and play engineer,” said the little boy.

 

The little boy started playing with his engineer toy and pretended he was making tall buildings and great bridges. But he smelled the wonderful aroma of the cookies. He wanted some cookies – even just one.

 

“Well,” he thought, “Mother said I could not have these cookies. Maybe if I ask her again, she will let me have some.”

The little boy screwed up his face, and pumped up his courage and said in his best whisper, “Mother, may I have a cookie?”

There was no reply. His Mother was in the garden, and could not possibly hear the little boy whisper.

He asked again, also in a very quiet voice, “Mother, I want some cookies. Can I have some cookies?”

As before, there was no answer.

 

The little boy thought “I’ve asked Mother for permission to have some cookies. She knows I love chocolate chip cookies. I’m a good boy and I should have a cookie. I think I heard her say ‘Yes.’”

‘Thank you, Mother,” he said in a quiet voice.

The little boy climbed on top of his engineering toy and up to the counter where a big plate of cookies was cooling. He took one and ate it. Then another and another.

“These are good cookies,” he said to himself, and he took the whole plate off the counter and went out the front door to eat just one more.

Outside, some other children saw the little boy with the plate of cookies. They ran up excitedly, “Can I have one?” “Can I?” How about me,” asked another?

 

The little boy had an idea.

“Yes, you can all have some cookies, but they will cost you 25-cents each. My Mom just baked them and they are still warm.”

The other children wanted cookies, too, so they reached into their pants pockets and paid for the cookies. Soon, the plate was empty.

The little boy smiled, “Look at all the money I made! Mom will be proud of me for selling these cookies.”

 

As the little boy walked back toward his house, his Mother was coming out the door.

“Where are the cookies I just baked?” she asked. “Did you eat them all?”

“No, Mother,” I ate some and I sold the rest. See, look at all the money I made,” proudly dumping the shiny coins on to the empty cookie plate.

“You were told not to eat the cookies but you did that anyway. And, on top of that you admit you sold some, also,” scolded his Mother.

“But…but...but, Mother,” pleaded the little boy, “I asked permission…” his voice trailed off as he broke into tears.

“You asked permission? his Mother asked. “I did not hear you ask, and I did not tell you to eat cookies and sell the rest.”

“Well, I asked, and when I didn’t hear anything I thought you meant it was OK to have some cookies,” he opined.

“You thought wrong, young man,” said his Mother, who was very upset with her son. “You have been a bad little boy and you will be punished. You are grounded for a week, and I will take all the money you got from selling the cookies and more from your allowance to buy ingredients to make a new batch of cookies.”

“It also means,” she added, “That you cannot go swimming this afternoon, or to the amusement park on Saturday, or on the school picnic trip, or to the baseball game with your father and brothers.”

“You must learn how to behave better, and to be trusted to do what you are told and what is right,” she said as she firmly escorted him into the house and to his room. She also took away his engineering toys.

 

The End ;)

So the way I understand your advice here he should just keep baking his coins until they come after him and then just swallow the evidence.

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As best as I can tell the first of the statehood quarters sold by the roll were the 2000 New Hampshire,

I was thinking it was the 2000 VA.

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