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Counterfeit vs. Altered
291fifth
Posts: 24,667 ✭✭✭✭✭
The term counterfeit seems to be frequently misused. A counterfeit is a "coin" that is not produced by the original issuing authority. A 1916 dime with an added "D" mintmark is not a counterfeit. The dime itself is still a real dime. It is a coin that has been altered to defraud collectors by the addition of a false mintmark.
Anyone happen to know the legal distinction between the two? Would a court of law consider the altered coin to be counterfeit?
Anyone happen to know the legal distinction between the two? Would a court of law consider the altered coin to be counterfeit?
All glory is fleeting.
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Main Entry: counterfeit
Function: noun
1 : something likely to be mistaken for something of higher value
<< <i>Would a court of law consider the altered coin to be counterfeit? >>
No. Selling a coin with an altered date/MM as the real thing would be considered fraud, however.
Edited to add...Thanks for bringing this up. It REALLY irritates collectors of contemporary counterfeits when the word is misused.
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<< <i>Would a court of law consider the altered coin to be counterfeit? >>
No. Selling a coin with an altered date/MM as the real thing would be considered fraud, however.
Edited to add...Thanks for bringing this up. It REALLY irritates collectors of contemporary counterfeits when the word is misused. >>
A court would probably consider the altered coin an "imitation numismatic item" under the Hobby Protection Act and require the altered coin to be marked COPY as specified by Federal Law. The law states (emphasis mine):
<< <i>Imitation numismatic item means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. Such term includes an original numismatic item which has been altered or modified in such a manner that it could reasonably purport to be an original numismatic item other than the one which was altered or modified. The term shall not include any re-issue or re-strike of any original numismatic item by the United States or any foreign government. >>
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<< <i>Would a court of law consider the altered coin to be counterfeit? >>
No. Selling a coin with an altered date/MM as the real thing would be considered fraud, however.
Edited to add...Thanks for bringing this up. It REALLY irritates collectors of contemporary counterfeits when the word is misused. >>
A court would probably consider the altered coin an "imitation numismatic item" under the Hobby Protection Act and require the altered coin to be marked COPY as specified by Federal Law. The law states (emphasis mine):
<< <i>Imitation numismatic item means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. Such term includes an original numismatic item which has been altered or modified in such a manner that it could reasonably purport to be an original numismatic item other than the one which was altered or modified. The term shall not include any re-issue or re-strike of any original numismatic item by the United States or any foreign government. >>
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Okay, prove it was done after 1975 and therefore subject to the HPA. (Assuming of course, that the coin itself isn't newer than 1975.)
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<< <i>
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<< <i>Would a court of law consider the altered coin to be counterfeit? >>
No. Selling a coin with an altered date/MM as the real thing would be considered fraud, however.
Edited to add...Thanks for bringing this up. It REALLY irritates collectors of contemporary counterfeits when the word is misused. >>
A court would probably consider the altered coin an "imitation numismatic item" under the Hobby Protection Act and require the altered coin to be marked COPY as specified by Federal Law. The law states (emphasis mine):
<< <i>Imitation numismatic item means an item which purports to be, but in fact is not, an original numismatic item or which is a reproduction, copy, or counterfeit of an original numismatic item. Such term includes an original numismatic item which has been altered or modified in such a manner that it could reasonably purport to be an original numismatic item other than the one which was altered or modified. The term shall not include any re-issue or re-strike of any original numismatic item by the United States or any foreign government. >>
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Okay, prove it was done after 1975 and therefore subject to the HPA. (Assuming of course, that the coin itself isn't newer than 1975.) >>
The OP's question is whether or not a court would consider an altered coin a counterfeit. It seems clear that a proven altered coin is considered an "imitation numismatic item." The next question is whether the law is applicable. You may be able to get away with making these or you may not. Many times, law enforcement officials catch people by either finding a whistle blower or using the criminal's own incriminating records. If you're going to break the law, cover your bases
Some of the OP's questions:
Q: Anyone happen to know the legal distinction between the two?
A: There is no legal distinction
Q: Would a court of law consider the altered coin to be counterfeit?
A: Both counterfeits and altered coins are considered "imitation numismatic items"