The Justice Department is seeking to permanently keep more than $3 million in coins that were struck by anti-government activists who aimed to create a new currency to compete against the greenback.

In court papers filed in federal court in North Carolina, federal prosecutors say that they need another six months to complete their criminal investigation of the citizens who play a leading role in popularizing the alternative currency, known as the Liberty Dollar.

A prosecutor for the U.S. attorney’s office in Asheville, N.C., Thomas Ascik, also sought an order that would give the government title to the more than 7 tons worth of gold, silver, and copper Liberty Dollar coins that the government seized last year in raids in Indiana and Idaho, according to court papers. Just last week, a dozen Liberty Dollar supporters filed suit in U.S. District Court in Idaho demanding the return of the seized coins.

[Editors Comment] Is it any wonder that so many people have a deep seated distrust of the federal government when they use these types of tactics. If they want to investigate possible criminal activity, that is fine, Knock your socks off! But to seize property and then try to gain title is just an arrogant abuse of power.  

Coin dealer in prison fights 2006 conviction for $13.7 million theft

By Mark Niquette for THE COLUMBUS DISPATCH

The coin dealer convicted of stealing state money in a scandal that helped Democrats recapture most statewide offices in 2006 has appealed, arguing in part that he didn’t get a fair trial.

In the appeal filed yesterday, Republican Thomas W. Noe’s lawyers argue that his conviction should be overturned or that he should be resentenced because his 18-year prison term is too harsh.

They allege that his rights were violated because, among other things, the trial was not moved out of Lucas County, where Noe faced an “overwhelmingly negative media onslaught” before and during the trial.

The appeal filed with the state’s 6th District Court of Appeals in Toledo lists seven major grounds for vacating Noe’s conviction and sentence, including that prosecutors failed to prove each element of each specific charge.

Lucas County Prosecutor Julia R. Bates said yesterday that she had not yet read the appeal, but she insisted that Noe received a fair trial. Although it was a high-profile case, most of the prospective jurors didn’t know many of the details, she said.

Noe, 53, managed a $50 million investment in rare coins and other items for the Ohio Bureau of Workers’ Compensation. The investment was shut down in May 2005, and Noe was found guilty of stealing $13.7 million for personal use.

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By Patrick A. Heller for Numismaster 

On Dec. 6, 2007, the Gold Anti-Trust Action Committee, Inc., (GATA) filed Freedom of Information Act (FOIA) requests with both the Federal Reserve and the U.S. Treasury. GATA sought information about possible gold swaps that the U.S. government may have handled and any related information about policies for such swaps.

In mid-April, the Federal Reserve responded, releasing part or all of hundreds of pages of worthless information, but also claiming that it was withholding all or part of the information of about 400 pages of documents. The status of the withheld documents is currently under appeal.

From the Federal Reserve response, it has already been established that there is substantial discussion in the federal government about gold swaps, at least theoretically if not in actual practice. This contradicts the previous position of the Fed and Treasury that gold swaps were never even discussed.

On June 18, the Treasury Department sent its response to GATA. The Treasury denied having any documents for five of the eight categories of the FOIA request. It stated that it was withholding a single document covering two categories because it referred to procedures for gold swaps that “may take place in the future.” It released a single one-page e-mail for the other category. The May 11, 2007, document released was a notice to various Treasury officials that weekly reporting of reserves data was changing slightly to conform to the template specified by the International Monetary Fund. This document emphasized that the reported data did not change.

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By JOSEPH GOLDSTEIN for the New York Sun

The federal government’s attempt to stop a group of gold-standard activists from minting an alternative to the greenback is about to face its first legal test.

A dozen people around the country filed suit in U.S. District Court in Idaho this week demanding the return of all the copper, silver, gold, and platinum coins — more than seven tons of metal in all — that the FBI and Secret Service seized in November during raids of a mint in Idaho and a strip mall storefront in Indiana.

The Justice Department had decided that the coins, many of which bear the familiar symbol of Lady Liberty and the phrase “TRUST IN GOD,” were being illegally marketed as government-sanctioned currency, according to the sworn affidavit of an FBI agent.

The creator of the coins, Bernard von NotHaus, who lives in Miami, claims that the federal government is trying to shut down production of his liberty dollars, as the coins are called, because of the competition they pose to the greenback. In recent years, his precious metal coins have outperformed the dollar, whose value has plunged in relation to gold.

The raids in November were the result of a two-year undercover investigation of Mr. Von NotHaus and how he sold liberty dollars. The Justice Department has not followed up with any criminal charges against Mr. Von NotHaus or the regional distributors of his coins.

In the suit filed in Idaho, the various plaintiffs say the federal government has no right to continue holding onto their coins any longer.

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A battle royale over an estimated $500 million treasure that a Florida deep-sea salvage company found last year is due for a fresh round in court in Florida on Monday.

The Spanish government now says the 500,000 silver and gold coins that the company, Odyssey Marine Exploration, found last year in the Atlantic Ocean near Spain came from one of its ships that sunk in a 19th-century naval battle. Spain wants the entire treasure returned, but Odyssey insists Spain may have no right to it.

Lawyers for both sides are due to present arguments Monday morning in a U.S. federal court in Tampa, Florida, in another round of the case that started last year, Odyssey spokeswoman Natja Igney told CNN.

Odyssey found the coins last year and quietly airlifted them in crates from Gibraltar, a British colony on Spain’s southern tip, to Florida for safekeeping. The company then said it was unclear how the huge quantity of coins it found on the seabed had gotten there. It declined to reveal the location, citing security reasons, and mysteriously dubbed the site “Black Swan.”

But the Spanish government, at a recent Madrid news conference, said it’s really not so complicated.

“The mystery is over,” said James Goold, a U.S. lawyer representing Spain, told the news conference. “Using a variety of methods to conceal what it was doing, Odyssey Marine Exploration stripped the gravesite that is the Spanish navy warship Nuestra Senora de las Mercedes of coins and other objects. The coins and other artifacts that Odyssey took from the site are documented to have been on the Mercedes,” Goold said.

The Mercedes was a 34-gun frigate, a ship very common at the time in the Spanish navy. The Mercedes left Peru, stopped in Uruguay and was just a day’s sail from Spain when the four-ship Spanish squadron was attacked by a British fleet in October 1804, according to a Spanish government’s filing to the Florida court. (more…)