Is it Illegal to Artificially Tone Coins?

[Mr. Smith Guesser]

According to the Secret Service website:

 

"Anyone who alters a genuine coin to increase its numismatic value is in violation of Title 18, Section 331 of the United States Code, which is punishable by a fine or imprisonment for up to five years, or both."

 

Source: http://www.secretservice.gov/money_law.shtml

 

The word that could be debatable is "alter". According to my law dictionary, to alter is "To make a change In; to modify ; to vary in some degree; to change some of the elements or ingredients or details without substituting an entirely new thing or destroying the identity of the thing affected."

 

Source: http://dictionary.thelaw.com/alter/

 

What would you say constitutes an "alteration" to a coin? Artificially toning? Maybe even cleaning? How about elongating? Maybe none of these?

[newprepper]

I think you have to determine if by "numismatic" the secret service means face value or collectors value

[Mr. Smith Guesser]

Hmmm. I would think it that implies collector value. There is no standard legal definition of "numismatic" that I can find. The definition above is from Black's by the way.

 

I think you could also argue that artificially toning and cleaning coins does not "increase its numismatic value", but rather decreases the value....but that's if it's explicitly stated that a coin is AT.

 

I'm sure the SS has bigger fish to fry. But was just wondering about the technicality of the law.

[Mr.Mcknowitall]

Hmmm. I would think it that implies collector value. There is no standard legal definition of "numismatic" that I can find. The definition above is from Black's by the way.

 

I think you could also argue that artificially toning and cleaning coins does not "increase its numismatic value", but rather decreases the value....but that's if it's explicitly stated that a coin is AT.

 

I'm sure the SS has bigger fish to fry. But was just wondering about the technicality of the law.

 

Painted coins used in slot/game machines.....arrest the parlor owners.

[Mr. Smith Guesser]

Hmmm. I would think it that implies collector value. There is no standard legal definition of "numismatic" that I can find. The definition above is from Black's by the way.

 

I think you could also argue that artificially toning and cleaning coins does not "increase its numismatic value", but rather decreases the value....but that's if it's explicitly stated that a coin is AT.

 

I'm sure the SS has bigger fish to fry. But was just wondering about the technicality of the law.

 

Painted coins used in slot/game machines.....arrest the parlor owners.

 

I don't see anything in the wording about being in possession of AT coins, or painted coins. So I'm assuming that possession of an AT coin is not illegal. Just the act of AT itself is in debate.

[MarkFeld]

To my knowledge, no - I don't think "alter" is meant to apply to artificially toning coins.

[bsshog40]

Numismatic value is money that is worth more than its regular monetary value. So I would think that if a coin was AT'd that was accepted by the market and sold for more than its original value, then I say yes.

[MarkFeld]

The code, itself, reads:

 

Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled or lightened - shall be fined under this title or imprisoned not more than five years, or both. (Emphasis added.)"

 

 

[Mr. Smith Guesser]

Also to consider...

 

Interpretation of a statutory (or Constitutional) law should include consideration of the authors original intent.

[bsshog40]

So this wording would actually eliminate Numismatic valued coins, basically. And again as stated, I guess would really determine what the law defines as Numismatic Value. I mean a numismatist is a collector of coins and usually are collecting coins that are monetarily more valuable than face value. Right?

[Mr.Mcknowitall]

Numismatic value is money that is worth more than its regular monetary value. So I would think that if a coin was AT'd that was accepted by the market and sold for more than its original value, then I say yes.

 

Copper cents....

Wheat cents....

 

[newprepper]

Just an opinion, but I would guess that the numismatic value according to the SS would be the value intended on the bill or coin, for example a 50 dollar bill, its numismatic value is 50 dollars, no ALTERING it by adding a zero and passing it off as a 500 dollar bill. It is a stretch to think they would worry about coin collectors.

 

I also think we may be using a modern definition of numismatic.

[okbustchaser]

One could make a case that ATing a coin to increase its collector value then selling it without disclosure constitutes fraud, but, I don't see any reasonable interpretation that would place it under the SS's purview as counterfeit.

[newprepper]

kind of like waxing a car and steam cleaning it before selling it?

[coinman_23885]

The code, itself, reads:

 

Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled or lightened - shall be fined under this title or imprisoned not more than five years, or both. (Emphasis added.)"

 

 

This. I don't think artificial toning falls within the purview of the statute and I don't think the act of artificially toning a coin itself is illegal per se. Making false representations about the toning to defraud someone is another story...

[coinman_23885]

Hmmm. I would think it that implies collector value. There is no standard legal definition of "numismatic" that I can find. The definition above is from Black's by the way.

 

I think you could also argue that artificially toning and cleaning coins does not "increase its numismatic value", but rather decreases the value....but that's if it's explicitly stated that a coin is AT.

 

I'm sure the SS has bigger fish to fry. But was just wondering about the technicality of the law.

 

But the website has no legal weight. It is the actual statutory language in the U.S. Code and any regulations in the Code of Federal Regulations that matter.

[Mr. Smith Guesser]

As I mentioned also, interpretation of the law should include consideration of the law's original intent. And I really kinda doubt that the author even considered AT. You have to admit though, the wording could be logically argued.

[bsshog40]

kind of like waxing a car and steam cleaning it before selling it?

This is more like restoring it to original. It would be different if you painted the car to cover rust spots.