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Don Kagin in the news again?

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  • tradedollarnuttradedollarnut Posts: 20,200 ✭✭✭✭✭


    << <i>Why was this old thread given CPR? >>



    Because the court case was ruled upon.
  • roadrunnerroadrunner Posts: 28,313 ✭✭✭✭✭
    Because someone asked and we needed to define what "exoneration" meant..........next question. As the OP I was ok with this thread dying. Mr. Eureka resurrected it. Funny thing about resurrected threads, more dirt usually shows up each time.

    Roadrunner - The case you refer to was against Art Kagin, not Don Kagin. And in fairness to Art Kagin, who is no longer around to defend himself, I should point out that the ruling was in Art's favor. According to the court, Stern was not defrauded.

    Mr. Eureka, you were around at that time, what say you about the business practices of that time? Please don't pull any punches. As I read the record the reason provided for Stern losing money was the grading change.....how stupid is that statement? You mean AK's coins didn't hold up under scrutiny and lost value overnight like a dollar debasement?.....and the judge bought it? What do you think? Was Stern defrauded? Ripped off? How many other Sterns' were part of the AK bankruptcy? How can you go bankrupt in a rising market? Usually you see that when market's start to tank. It's not a good sign when former clients come forward like this. It's not a matter of what happened imo, but only if you can provide a judge who knows nothing about the hobby, with substantial proof of fraud. When it walks, talks, smells, and looks like a duck, I usually go with my gut instinct....even if a court ruled otherwise. Anyone for loading up on ACG coins? That case was settled in ACG's favor.

    So please explain to me how Mr. Stern lost money buying coins in one of the best rising markets ever from 1982-1987. He was obviously buying at the bottom from "seasoned" 30 year pros. What was DK's role during the 1980's with Kagin or was involved solely in his own business? For me, I start getting an itch when it comes to bankrupt coin dealers who come back to life. It's a fairly short and revered listing. There are some serious charter members out there doing business today.

    No need for AK to defend himself as the legal record fully exonerated him on the Stern claim. The bankruptcy is what it is. My wallet doesn't care about what a judge decided, it only cares about how many bills are left in it. Obviously Mr. Stern had some concerns about the lack of bills left in his.

    roadrunner
    Barbarous Relic No More, LSCC -GoldSeek--shadow stats--SafeHaven--321gold
  • CaptHenwayCaptHenway Posts: 32,731 ✭✭✭✭✭


    << <i>

    << <i>Why was this old thread given CPR? >>



    Because the court case was ruled upon. >>



    It would have been nice had a link to this story been cited at the point of resuscitation, just to give it context.
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • MrEurekaMrEureka Posts: 24,419 ✭✭✭✭✭
    Mr. Eureka, you were around at that time, what say you about the business practices of that time? Please don't pull any punches.

    Roadrunner:

    If you're asking me if Art Kagin sold overgraded coins, the answer is "sometimes". Same as virtually all major dealers at the time.

    Was Stern defrauded? Frankly, I don't know. I didn't see the coins, and I don't really understand the nature of this particular business relationship. (From the court documents, it was clearly more than a simple dealer/client relationship.)

    Finally, if you're asking me if the fact that Art Kagin sometimes sold overgraded coins means Don Kagin knowingly fenced a stolen gold ingot, and that he also cheated John Gervasoni on the Specimen Mountain $20, I'll respond with a question of my own. Are you on drugs?
    Andy Lustig

    Doggedly collecting coins of the Central American Republic.

    Visit the Society of US Pattern Collectors at USPatterns.com.
  • RegulatedRegulated Posts: 2,994 ✭✭✭✭✭
    I only noticed this thread today. Up until this point, I have been silent on the subject of this case, but there are a few things that seem to need clarification here. The deal between John Gervasoni and Kagin's was the result of conversations between myself and John Gervasoni. Don Kagin did not become involved in the deal until after Gervasoni repudiated the deal, and the decision to rely on a perfected service lien (hold the coin) was made at the advice of an attorney. Any claims that Don Kagin's behavior in this situation was in any way unethical ignore the fact that it was not his behavior, it was mine.

    That being said, I am proud of everything that I did in connection with this case. The research work that proved the coin to be specially struck was solid, and should have been the highlight of my numismatic year in 2006, rather than the headache that it became. Furthermore, I am proud of the way in which I conducted myself throughout the deal and the ensuing legal fiasco. I showed up, told the truth, and did not back down from the position that Kagin's had earned remuneration for my work, despite threats, lies and pressure from well-meaning, but ultimately misinformed people.

    Don's conduct here was , in my opinion, exemplary. He stood behind me as an employee and as a friend - every step of the way - despite the fact that he was under tremendous professional and political pressure to do otherwise. Furthermore, he did his best to resolve this case amicably.

    Anyone who has spleen to vent where this situation is concerned ought to acquaint themselves with the facts of the case before making any judgements about Don or Kagin's as a whole. The judge who heard the case did that and found in our favor - here is the transcript of her ruling for those of you who prefer espousing well-informed opinions:

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    What is now proved was once only imagined. - William Blake
  • tradedollarnuttradedollarnut Posts: 20,200 ✭✭✭✭✭
    How very strange reading a legal opinion written in colloquial english. image

    Note the judge remarking about bidding on one's own coin. Say it isn't so! image
  • ColonialCoinUnionColonialCoinUnion Posts: 10,087 ✭✭✭
    That's interesting reading.
  • IGWTIGWT Posts: 4,975
    Did Gervasoni really testify under oath that he didn't care about the attribution. image Shirley, the judge jests. Thanks for the update, David.
  • mrearlygoldmrearlygold Posts: 17,858 ✭✭✭
  • LakesammmanLakesammman Posts: 17,460 ✭✭✭✭✭
    Fascinating reading - thanks for the update. Nice to see that JP is still active in the coin business.
    "My friends who see my collection sometimes ask what something costs. I tell them and they are in awe at my stupidity." (Baccaruda, 12/03).I find it hard to believe that he (Trump) rushed to some hotel to meet girls of loose morals, although ours are undoubtedly the best in the world. (Putin 1/17) Gone but not forgotten. IGWT, Speedy, Bear, BigE, HokieFore, John Burns, Russ, TahoeDale, Dahlonega, Astrorat, Stewart Blay, Oldhoopster, Broadstruck, Ricko, Big Moose, Cardinal.
  • keetskeets Posts: 25,351 ✭✭✭✭✭
    Mr. Kagin's involvement with the Manley bar always struck me as questionable for several reasons.

    if he is truly the pre-eminent expert in this very narrow field, i would presume that he knows who owns each of the existing bars. they are easily identified, correct?? it follows that he would at least be curious about how a normal coin shop owner would come into possession of an item like the one in question. i seem to remember that the two individuals, Kagin and Manley, were actually in each others company(or at least in attendance at Numismatic events at the same time) and nothing was ever said.

    two things come to my mind:

    1. don't ask, don't tell.
    2. not guilty is certainly different from innocent.
  • Interesting read. Thanks for posting the court transcripts.
  • MrEurekaMrEureka Posts: 24,419 ✭✭✭✭✭
    if he is truly the pre-eminent expert in this very narrow field, i would presume that he knows who owns each of the existing bars. they are easily identified, correct?

    There were hundreds of ingots recovered from the wreck, and they have been widely distributed. In the past decade or so, many have been resold, some multiple times. It's impossible for anyone - even an expert - to know where they all are today.
    Andy Lustig

    Doggedly collecting coins of the Central American Republic.

    Visit the Society of US Pattern Collectors at USPatterns.com.
  • RegulatedRegulated Posts: 2,994 ✭✭✭✭✭
    Mr. Kagin's involvement with the Manley bar always struck me as questionable for several reasons.

    if he is truly the pre-eminent expert in this very narrow field, i would presume that he knows who owns each of the existing bars. they are easily identified, correct?? it follows that he would at least be curious about how a normal coin shop owner would come into possession of an item like the one in question. i seem to remember that the two individuals, Kagin and Manley, were actually in each others company(or at least in attendance at Numismatic events at the same time) and nothing was ever said.

    two things come to my mind:

    1. don't ask, don't tell.
    2. not guilty is certainly different from innocent.


    First, the only information that he had concerning the original sale of the item was that the bar sold to a telephone bidder (and the person selling the bar represented that the bar's owner had bought several bars by telephone in the sale), and second, Dwight Manley bought and sold SSCA bars in competition with Kagin's - do you call competitors with business sensitive information? I actually witnessed some of the telephone calls around this deal, and I had no impression that Don thought there was anything fishy about it - I certainly didn't. It seemed like a collector's heirs were selling off his estate.

    And again, why would he risk his reputation to make 10% on a brokerage deal?

    What is now proved was once only imagined. - William Blake
  • BigMooseBigMoose Posts: 1,469 ✭✭✭
    David, thank you. That was an extremely interesting and eye opening read.
    TomT-1794

    Check out some of my 1794 Large Cents on www.coingallery.org
  • MarkMark Posts: 3,579 ✭✭✭✭✭
    David:

    That was truly interesting. I think your assessment--that your work should have been an exciting part of 2006 for you but turned into a massive headache--is right on the money.
    Mark


  • CaptHenwayCaptHenway Posts: 32,731 ✭✭✭✭✭


    << <i>Mr. Kagin's involvement with the Manley bar always struck me as questionable for several reasons.

    if he is truly the pre-eminent expert in this very narrow field, i would presume that he knows who owns each of the existing bars. they are easily identified, correct?? it follows that he would at least be curious about how a normal coin shop owner would come into possession of an item like the one in question. i seem to remember that the two individuals, Kagin and Manley, were actually in each others company(or at least in attendance at Numismatic events at the same time) and nothing was ever said.

    two things come to my mind:

    1. don't ask, don't tell.
    2. not guilty is certainly different from innocent. >>



    Hey, the owner of the bar didn't know where it was. How was a third party supposed to know where it was?
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • RegulatedRegulated Posts: 2,994 ✭✭✭✭✭
    Hey, the owner of the bar didn't know where it was. How was a third party supposed to know where it was?

    I wish I had thought of that.

    What is now proved was once only imagined. - William Blake
  • roadrunnerroadrunner Posts: 28,313 ✭✭✭✭✭
    And again, why would he risk his reputation to make 10% on a brokerage deal?

    There are numerous dealer's in this hobby who trash their reputations for far less than that.
    Boy it's certainly hard to keep this thread off the front page each week.

    roadrunner
    Barbarous Relic No More, LSCC -GoldSeek--shadow stats--SafeHaven--321gold
  • RegulatedRegulated Posts: 2,994 ✭✭✭✭✭
    Boy it's certainly had to keep this thread off the front page each week.

    The differences between (some) public opinion and reality are fascinating.

    What is now proved was once only imagined. - William Blake
  • tmot99tmot99 Posts: 5,238 ✭✭✭


    << <i>Mr. Kagin's involvement with the Manley bar always struck me as questionable for several reasons.

    if he is truly the pre-eminent expert in this very narrow field, i would presume that he knows who owns each of the existing bars. they are easily identified, correct?? >>



    Al, I can tell you that there are fewer Gold Wilson Dollars (or insert any other R-9 SCD) than there are these rare gold ingots. Yet even the experts don't know where they all are.
  • RegulatedRegulated Posts: 2,994 ✭✭✭✭✭
    Damn. I hate when I confuse this box for a PM.

    What is now proved was once only imagined. - William Blake
  • marzmarz Posts: 1,601
    the Ducati is cool!

    image
    live each day like it's your last but don't count on it!
  • CaptHenwayCaptHenway Posts: 32,731 ✭✭✭✭✭
    John, wha's not true in the line you quoted?
    TD
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • PistareenPistareen Posts: 1,505 ✭✭✭
    Ack Tom! Morning dyslexia. I read that sentence backwards -- my sincere apologies!

    Thank you for pointing that out and being better caffeinated than me.
  • CaptHenwayCaptHenway Posts: 32,731 ✭✭✭✭✭
    Wish they had a Starbucks here in the convalescent center.............
    image
    Numismatist. 50 year member ANA. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and Lifetime Achievement Award 2020. Winner numerous NLG Literary Awards.
  • 7Jaguars7Jaguars Posts: 7,741 ✭✭✭✭✭
    C.H.
    Hey, have somebody bring you some Starbuck's - I have mine right now, not to make you jealous.

    What I do not understand is how the coin held by D.K. could be held, him wanting 80K to "flip" the grade to specimen status. I mean that seems outrageous - he should get his ordinary handling fee for submitting to PCGS and if the dealer who gave it to him to do such was a decent fellow, throw him a tip of 1-2k, NOT EIGHTY!

    Just because the other dealer made a good deal does not indicate to me that D.K. is somehow entitled to more....Experts at the British Museum, who are arguably as or probably more qualified charge ZERO for similar such or even more difficult confirmations...

    Well, just an opinion.
    Love that Milled British (1830-1960)
    Well, just Love coins, period.
  • ZoinsZoins Posts: 34,401 ✭✭✭✭✭


    << <i>C.H.
    Hey, have somebody bring you some Starbuck's - I have mine right now, not to make you jealous.

    What I do not understand is how the coin held by D.K. could be held, him wanting 80K to "flip" the grade to specimen status. I mean that seems outrageous - he should get his ordinary handling fee for submitting to PCGS and if the dealer who gave it to him to do such was a decent fellow, throw him a tip of 1-2k, NOT EIGHTY!

    Just because the other dealer made a good deal does not indicate to me that D.K. is somehow entitled to more....Experts at the British Museum, who are arguably as or probably more qualified charge ZERO for similar such or even more difficult confirmations...

    Well, just an opinion. >>

    Would this make a good ethics column in the Numismatist?
  • tmot99tmot99 Posts: 5,238 ✭✭✭


    << <i>C.H.
    Hey, have somebody bring you some Starbuck's - I have mine right now, not to make you jealous.

    What I do not understand is how the coin held by D.K. could be held, him wanting 80K to "flip" the grade to specimen status. I mean that seems outrageous - he should get his ordinary handling fee for submitting to PCGS and if the dealer who gave it to him to do such was a decent fellow, throw him a tip of 1-2k, NOT EIGHTY!

    Just because the other dealer made a good deal does not indicate to me that D.K. is somehow entitled to more....Experts at the British Museum, who are arguably as or probably more qualified charge ZERO for similar such or even more difficult confirmations...

    Well, just an opinion. >>


    The difference being that the British Museum still gets paid, likely from public funding, whereas this reasearch is how Kagin's get's paid. Just getting a "tip" of 1-2 K likely doesn't pay for more than 2-3 weeks of time and I'd bet that the costs involved in researching this took longer than that with other expenses involved other than time.
  • ZoinsZoins Posts: 34,401 ✭✭✭✭✭


    << <i>if the parties had as many lawyers at the outsiet, as they have now, they wouldn't be where they are today. >>

    An ounce of prevention....

    Interesting read.
  • 7Jaguars7Jaguars Posts: 7,741 ✭✭✭✭✭
    So 80k pay for two weeks is reasonable. Do you honestly think it was other than to get his (DK's) assistance with the crossover? That is excessive at least to me, and would like to see the research that supports that two weeks of work was done...
    Love that Milled British (1830-1960)
    Well, just Love coins, period.
  • pennyanniepennyannie Posts: 3,929 ✭✭✭
    DK probably filled out a couple of legal pads with doodles while waiting for someone to answer the phone, then you have to wait for the recording to make your selection in spanish and english. Once you get the number for the party you want, you get the recording " sorry i missed your call, i will be out of the office today, but if you really need to reach me...." $80k is high but i was in a stupid lawsuit once where i could have walked away for $265 dollars. I was not wrong or at fault. I decided to fight on principle. Well $17,000 later in legal fees and more looming i decided to settle for 1/2 of the original $265. To some this is a fun hobby, to others this is big business.
    Mark
    NGC registry V-Nickel proof #6!!!!
    working on proof shield nickels # 8 with a bullet!!!!

    RIP "BEAR"
  • Now we know...
    The rest of the story... Andy and David, congrats on this deal/story that would make "Law and Order" or "24" boring...

    During the auction of this piece - Oh there is so much more... but why bother - it's apparently over...
    The Accumulator - Dark Lloyd of the Sith

    image

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