It would be cut and dry if you could show any "utterances" from the Liberty Dollar / NORFED, where they represented their products as US government money.
They did not, and further, they were careful to put disclaimers on their warehouse receipts, and various features on the physical pieces to make it clear that this was not being represented as government money. For instance, ever piece contained a copyright statement on it, something the government would not do.
> Whoever, except as authorized by law, makes or utters or passes, or attempts to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for use as current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design, shall be fined under this title [1] or imprisoned not more than five years, or both. [Emphasis mine.]
They were minting physical coins. They called them dollars. Just because they decided they didn't think they were legally coinage or currency doesn't change the fact that, that's very obviously the intent.
Their whole disclaimer is delivered with a wink and nudge.
"Just because they decided they didn't think they were legally coinage"
This is a dishonest characterization. They had opinions from independant council, the secret service, members of federal reserve branches, etc, all saying that the product was legal.
"very obviously the intent."
You believe this because you want to believe it. However, the decade of actions that the organization took, between 1998 and 2008, involved monthly newsletters, and repeated production of brochures, the website, and other writing all of which made it clear that people who had liberty dollars were not to put them forth as if they were us government money. They spent the majority of their educational effort in conflict with what you claim is their "obvious" intent.
"Their whole disclaimer is delivered with a wink and nudge."
I understand that you feel you can just tell lies about people and somehow you feel justified in doing so. But in honorable society, doing so reflects very poorly on your own integrity. I have to wonder, what motivates you, who have clearly no knowledge of this organization or its actions, to attack them with these dishonest smears?
Unfortunately, many americans think like you do. The FBI calls them terrorists, railroads them and people think the justice system works.
It is no wonder things are moving the way they are in the USA if your views, as I suspect, are widely echoed.
> No, they were not: "a piece of metal stamped and issued by the authority of a government for use as mony"
The fact that § 486 exists suggests that, under the law, it doesn't have to be a government minting something for it to be a coin. Otherwise nobody could ever violate that law, right? Courts consider the intent of a law when interpreting it, and it's fairly clear what is meant here; only the government is _allowed_ to mint coins, but you can theoretically mint coins if you're not the government (it's just illegal then).
> This is a dishonest characterization. They had opinions from independant council, the secret service, members of federal reserve branches, etc, all saying that the product was legal.
None of these people's opinions have any legal weight. Only a judge can actually provide a binding opinion stating that what you're doing is legal. Additionally, as cited from http://en.wikipedia.org/wiki/Liberty_Dollar#Legal_issues , there have been opinions in the opposite direction from secret service agents and the US Mint; if you're going to try to argue from authority (which is a bad idea anyway), you can't ignore contrary opinions at the same time.
Indeed, the Liberty Dollar project seems to have sued to get a binding opinion stating whether they were legal, and were raided shortly thereafter. This seems to indicate that, since the Liberty Dollar project forced the Justice department to take a side on whether they were legal or not, the Justice department prosecutors may have been forced to, well, prosecute.
> Unfortunately, many americans think like you do. The FBI calls them terrorists, railroads them and people think the justice system works.
Did the FBI really call them terrorist? I'd like to see a citation for that. In any case, this is hardly railroading. It happened four years ago, and with a jury trial. Two years passed from the start of the investigation to the indictment and arrest. The trial itself took another two years. You may disagree with the laws themselves, but I find it hard to see how the laws were misapplied here. § 485 and § 486 are really quite clear if you read them.
The law he cites rather explicitly said "in the resemblance of coins of the United States or of foreign countries, or of original design" are all covered. Metal coins of original design are still illegal to manufacture (though I'd agree they shouldn't be).
Interesting, as I have a number of Chuck E. Cheese tokens that appear to fit this description. Why don't we ever hear about FBI raids of kids' pizza / video game parlors?
I suspect that if the use of Chuck E. Cheese tokens as a medium of exchange were to become widespread in a given locale (one with the profile of Las Vegas) the Secret Service would take a similar interest.
Your pretend definition of what a "coin" is has no relevance in a court of law. They were printed metal tokens that had passing similarity to US coinage. The fact that they weren't issued by the authority of the government is the problem, not the solution.
That is the first definition from the dictionary definition. It is very difficult to debate an issue with people who are not aware of the basic definitions of the terms, and, despite their ignorance, make snide characterizations like "your pretend definition".
That they were not passed as government money is an affirmative defense.
That you idiots keep chiming in making personal attacks and espousing your ignorant perspective as if it was relevant is what makes this site pointless.
I'm not even involved with the Liberty Dollar. Why am I wasting time defending them against people with no integrity like you?
If I call my chair a "knife," that doesn't change the fact that I can sit in it. It is obvious to me - and, I assume, the judge who made the decision in this case - that the definition of the word "coin" in the law is not the same as the one you are using. That is, the law uses "coin" to mean a metallic object used as currency. Issued by the government or not is not part of the assumed definition. You can't sidestep the law by using a different definition of the word.
It seems extraordinarily cut and dry to me, but I'm not a lawyer (and by your post I assume you're not either).