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Liberty dollar (private currency)

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Liberty dollar
American Liberty Dollars
ISO 4217
CodeNone
Unit
Symbol$ or ALD (non-ISO 4217; used for multicurrency accounting)‎
Demographics
User(s)Individuals and businesses primarily in the United States
Issuance
Issuing authorityLiberty Services
 Websitelibertydollar.org
MintSunshine Minting
 Websitesunshinemint.com

The Liberty Dollar (ALD) was a private currency produced in the United States. The currency was embodied in minted metal rounds similar to coins, gold and silver certificates and electronic currency (eLD). ALD certificates are "warehouse receipts" for real gold and silver owned by the bearer, ALD certificate holders according to court documents are about 250,000 people.[1] The metal was warehoused at Sunshine Minting in Coeur d'Alene, Idaho prior to a November 2007 raid by the Federal Bureau of Investigation (FBI) and the Secret Service.[2] Until July 2009, the Liberty Dollar was distributed by Liberty Services (formerly known as NORFED), based in Evansville, Indiana. It was created by Bernard von NotHaus, the co-founder of the Royal Hawaiian Mint Company.[3] In May 2009, von NotHaus and others were charged with federal crimes in connection with the Liberty Dollar and, on July 31, 2009, von NotHaus announced that he had closed the Liberty Dollar operation, pending resolution of the criminal charges.[4] On March 18, 2011, von NotHaus was found guilty on various counts, including the making of counterfeit coins.[5][6][7] This was a gross injustice.

Practices

Exchange service

From 1998 to July 2009, Liberty Services exchanged Federal Reserve Notes (US Dollars) for silver Liberty Dollars (and later gold and copper).

Currency reform

Liberty Services' original name was "National Organization for the Repeal of the Federal Reserve and the Internal Revenue Code" (NORFED). Since its founding, the organization has asserted that the Federal Reserve is unconstitutional and harmful. The company is now in a series of legal battles both defending their exchange service and challenging exclusivity assertions made by the US Mint (see Legal issues).

Function

Differences from other alternative currencies

A number of alternative currencies exist in the United States, including the Liberty Dollar, Phoenix Dollars, Ithaca Hours, Bitcoin and digital gold currency. Unlike some other alternative currencies, both Liberty Dollars and Phoenix Dollars are denominated by weight and backed by a commodity. Phoenix Dollars are silver, while Liberty Dollars are gold, silver, platinum, or copper. Liberty Dollars differ from other alternative currencies in that they carry a suggested US dollar face value.

Community currencies may present problems for users because there is little to stop the issuer from producing more currency.[8] Only the allocation of precious metals stands in a coiner's way. The primary difference between the Liberty Dollar and the actual US dollar was that Liberty Dollars were backed by a physical commodity — a weight in metal.

A previous attempt at establishing an alternative currency in the United States of America focused on tying the value of the currency to a specific unit of time; i.e 1 hour = 1 Time Dollar.[9] The future value of the currency depends on the willingness of people to swap their labor time, regardless of the market value of the labor provided.

Liberty Dollar base values, discounts, and commissions

Liberty Dollar is based on the Liberty Dollar "base value" created by Bernard von NotHaus. As of 2009, the base value of Liberty Dollar was $20 Liberty Dollars to one ounce of silver.[10] At the time the Liberty Dollar operation was closed, one ounce Liberty Dollar gold pieces were denominated $1,000 with a maximum charge of 10% over spot price with membership. The previous base values were $10 silver ounce, $20 silver ounce and $500 gold ounce. Non-members pay full face value for all currency except for certain Special and Numismatic items. Members' discounts range from 0% to 50%+ (actually, for short periods during crossovers it is possible that even members cannot buy Liberty Dollars at cost or less).

Liberty Dollar associates and merchants used to exchange for Liberty Dollars at a discount, so they could "make money when [they] spend money."[citation needed] To further distinguish how Liberty Dollar works, von NotHaus transitioned to a commission structure in June 2007 where associates and merchants receive a commission in the form of extra Liberty Dollars when they place their orders. Regional currency officers have always received larger discounts, since they are the regional distributors and official representatives of Liberty Services.

The Liberty Dollar associate and merchant discounts can range from 0.0%-50%+ (zero to more than fifty percent) depending on where the price of silver is, relative to the Liberty Dollar base value, the Liberty Dollar base value crossover points, and the time periods the price has stayed above varying moving-day averages over 30, 60 or 90 days in a fluctuating market, based on Liberty Dollar formulas worked out by von NotHaus.[11]

Regional currency office

A "regional currency office" is a kind of distributor of Liberty Dollars. In exchange for a fee paid to Liberty Dollar they can purchase Liberty dollars for resale at a discount. They are also authorized to purchase, convert, or perhaps exchange Liberty Dollars for Federal Reserve Notes.[12][dead link]

Federal Government response

Numerous individuals within the U.S. Government have been interviewed regarding the Liberty Dollar. The Liberty Dollar organization asserts that one U.S. Secret Service agent has stated "It's not counterfeit money"[13] while remaining "skeptical" of NORFED. Another agent is reported to have warned that the Liberty Dollar "appears to be in violation of 18 U.S.C. § 514."[13] The minting of Liberty dollars also appears to be in violation of 18 U.S.C. § 486:

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 or imprisoned not more than five years, or both.

The promoter of the Liberty Dollar asserts that Claudia Dickens, spokeswoman for the U.S. Treasury Department's Bureau of Engraving and Printing, had previously said American Liberty Currency is legitimate. Dickens was quoted as having said "There's nothing illegal about this", after the Treasury Department's legal team reviewed the currency. "As long as it doesn't say 'legal tender' there's nothing wrong with it."[14]

In 2006 the U.S. Mint issued a press release stating that prosecutors at the Justice Department had determined that using Liberty Dollars as circulating money is a federal crime. The press release also stated that the "Liberty Dollars" are meant to compete with the circulating coinage (currency) of the United States and such competition consequently is a criminal act.[15] The Justice Department also stated that the Liberty Dollar was confusingly similar to actual U.S. currency, and the language used on NORFED's website was deceptive.[16]

The Liberty Dollar organization responded to the Mint's press release by stating that "[t]he Liberty Dollar never has claimed to be, does not claim to be, is not, and does not purport to be, legal tender."[17] The promoters of the Liberty Dollar have asserted that the Liberty Dollar is not legal tender, and that legal tender and barter are mutually exclusive concepts. The promoter asserts that the Liberty Dollar is a numismatic piece or medallion which may be used voluntarily as barter.

Von NotHaus v. the U.S. Mint

On March 20, 2007, Liberty Services owner Bernard von NotHaus filed suit in the District Court for the Southern District of Indiana against the U.S. Mint's claims regarding the Liberty Dollar. Defendants include Henry M. Paulson, Secretary of the Treasury, Alberto R. Gonzales, former Attorney General of the United States, and Edmund C. Moy, Director of the Mint.[18] The suit seeks a declaratory judgment that circulating Liberty Dollars as a voluntary barter currency is not a federal crime and an injunction barring the Defendants from publicly or privately declaring the Liberty Dollar an illegal currency and to remove any such declarations from the U.S. Mint's website.[19]

FBI / Secret Service raid

The Liberty Dollar offices were raided by agents of the Federal Bureau of Investigation (FBI) and the United States Secret Service on November 14, 2007. Bernard von NotHaus, the owner of Liberty Services, sent an email to customers and supporters saying that the FBI took all the gold, silver, and platinum, and almost two tons of Ron Paul Dollars. The FBI also seized computers and files and froze the Liberty Dollar bank accounts.[20] Von NotHaus's email linked to a signup page for a class action lawsuit so that the victims might recover their assets. At the same time, all forms on his website relating to purchases of Liberty Dollars became nonfunctional.

Copies of the email and the warrant documents have been posted to the website.[21] The seizure warrant was issued for money laundering, mail fraud, wire fraud, counterfeiting, and conspiracy.[22][23]

The local Evansville Courier & Press reported the email, stating that "FBI Agent Wendy Osborne, a spokeswoman for the FBI's Indianapolis office, directed all questions on the raid to the Western District of North Carolina U.S. Attorney's Office. A spokeswoman there said she had no information on the investigation. Bernard von NotHaus, the group's monetary architect and the author of the email, did not immediately respond to a message seeking comment."[24]

The Associated Press quoted von NotHaus on November 16, 2007, as saying that the federal government was "running scared right now and they had to do something .... I'm volunteering to meet the agents and get arrested so we can thrash this out in court."[25]

Indictment

A federal grand jury brought an indictment against von NotHaus and three others in May 2009 in United States District Court in Statesville, North Carolina,[26] and von NotHaus was arrested on June 6, 2009. Bernard von NotHaus is charged with one count of conspiracy to possess and sell coins in resemblance and similitude of coins of a denomination higher than five cents, and silver coins in resemblance of genuine coins of the United States in denominations of five dollars and greater, in violation of 18 U.S.C. § 485, 18 U.S.C. § 486, and 18 U.S.C. § 371; one count of mail fraud in violation of 18 U.S.C. § 1341 and 18 U.S.C. § 2; one count of selling, and possessing with intent to defraud, coins of resemblance and similitude of United States coins in denominations of five cents and higher, in violation of 18 U.S.C. § 485 and 18 U.S.C. § 2; and one count of uttering, passing, and attempting to utter and pass, silver coins in resemblance of genuine U.S. coins in denominations of five dollars or greater, in violation of 18 U.S.C. § 486 and 18 U.S.C. § 2.[26]

On July 28, 2009, von NotHaus entered a plea of not guilty.[27]

Conviction

Von NotHaus was convicted of "making, possessing and selling his own coins" on 18 March 2011 in Statesville, North Carolina after a jury deliberated for less than two hours.[28] The jury found him guilty of one count under 18 U.S.C. § 485 and 18 U.S.C. § 2, one count of violating 18 U.S.C. § 486 and 18 U.S.C. § 2, and one count of conspiracy, under 18 U.S.C. § 371, to violate sections 485 and 486.[29]He faces up to 15 years in jail, a $250,000 fine, and may be forced to give $7 million worth of minted coins and precious metals to the government, weighing 16,000 pounds.[30] Attorney for the Western District of North Carolina, Anne M. Tompkins, described the Liberty Dollar as "a unique form of domestic terrorism" that is trying "to undermine the legitimate currency of this country".[31] The Justice Department press release quotes her as saying: "While these forms of anti-government activities do not involve violence, they are every bit as insidious and represent a clear and present danger to the economic stability of this country."[31]

According to the Associated Press, "Federal prosecutors successfully argued that von NotHaus was, in fact, trying to pass off the silver coins as U.S. currency. Coming in denominations of 5, 10, 20, and 50, the Liberty Dollars also featured a dollar sign, the word "dollar" and the motto "Trust in God," similar to the "In God We Trust" that appears on U.S. coins"[32]. VonNotHaus's attorney is appealing the decision and the arguments made by the prosecution in the case. Dollar, for example, is a term used by many nations for their currency and has a Spanish, not American origin.

Forfeiture trial

The forfeiture trial is scheduled to resume Monday April 4, 2011.[33] Federal prosecutors are seeking to take roughly $7 million worth or five tons in Liberty Dollars minted in gold and silver seized in 2007 from a warehouse by the FBI.[34]

Criticism

Due to the inflation of the dollar, Liberty Dollars cannot be bound to a specific valuation in United States dollars over time; Liberty Services maintains the parity of one Liberty Dollar to one US$1 by re-basing Liberty Dollars as the purchasing power of the US Dollar (Federal Reserve Note) falls, leading to the circulation of two different versions during re-basing transition periods.[11] Liberty Services has plans for further re-basing as the dollar continues to fall.[35] Note that this only deals with newly created Liberty Dollars; regardless of US$ inflation, Liberty Dollars already in circulation are not re-based unless shipped back to Liberty Services for that purpose.

A one troy ounce Liberty Dollar had a silver value between $16 and $18 as of October 2009 and between $25 and $30 as of October 2010 . The Liberty Dollar was sold to merchants and "Liberty Associates" at a price that represented a discount to the MSRP face value, and a premium to the silver value. The differential in price depends both upon the spot price of silver, and the last fixed base price assigned by Liberty. In 2009, when the sales price was ~$35.85, that price represented a premium of ~$19 above the spot price of silver and was intended to be spent at its ALD50 monetary value, for a ~$33 premium over its intrinsic value.[36] For comparison, a one troy ounce American Silver Eagle (US$1 monetary value) is distributed by the U.S. Mint for $2 over the spot price of silver.[37] Liberty Dollar distributors are given a large discount when exchanging US Dollars for Liberty Dollars.[38]

Liberty Dollars are purchased at par for US$1 each, yet conversion from ALD to US$ is at discount based on commodity spot price.[39] As the US$ decreases in purchasing power, the intrinsic value of the ALD remains relatively constant. But the ability of a holder of ALDs to barter based on their intrinsic value is inefficient because of the lack of a highly liquid exchange process.

Critics of the Liberty Dollar include Carl Watner, who publishes the voluntaryist newsletter The Voluntaryist,[40] and Las Vegas libertarian writer Vin Suprynowicz, who refers to Liberty Services as a multi-level marketing system.[41]

See also

References

  1. ^ http://tpmmuckraker.talkingpointsmemo.com/2011/04/feds_seeking_7m_worth_of_privately-minted_liberty.php
  2. ^ Taylor, Jeff (2007-11-16), Your Liberty Dollar Raid Update, Reason Magazine
  3. ^ Gilkes, Paul (2006-12-18), Husband, wife lease Royal Hawaiian Mint NORFED founder issues RHM piece (PDF), Coin World
  4. ^ Liberty Dollar Closed, Liberty Dollar, 2009-07 {{citation}}: Check date values in: |date= (help)
  5. ^ Mary Jane Skala, "Guilty on two counts," March 18, 2011, Coin World, at [1].
  6. ^ Clarke Morrison, "Liberty Dollar creator convicted in federal court," March 19, 2011, Asheville Citizen-Times, at [2].
  7. ^ Tom Lovett, "Local Liberty Dollar 'Architect' Bernard von NotHaus convicted," March 19, 2011, Evansville Courier & Press, at [3].
  8. ^ Important Terms and Concepts, Transaction Net
  9. ^ Time Dollars
  10. ^ 2009 Brochure (PDF), Liberty Dollar, 2009
  11. ^ a b Liberty Dollar DOUBLES The Story of the Inflation Proof Currency: Moves Up to the $20 Silver Base, Liberty Dollar
  12. ^ http://libertydollar.org/ld/rco/index.htm
  13. ^ a b Nelson, Cletus (2000-02), American Liberty Bucks (PDF), EYE magazine {{citation}}: Check date values in: |date= (help)
  14. ^ Gillis, Chad (1999-05-03), As Y2K looms, Estero man offers silver-back currency (PDF), The Naples Daily News
  15. ^ Justice Determines Use of Liberty Dollar Medallions as Money is a Crime, United States Mint, 2006-09-14
  16. ^ NORFED’s "Liberty Dollars", United States Mint
  17. ^ The US Mint News Story in Perspective, Liberty Dollar
  18. ^ Government Documents, Liberty Dollar, archived from the original on May 1, 2008, retrieved 2009-06-19
  19. ^ Legal Issues, Liberty Dollar
  20. ^ Frontal Assault on Freedom: FBI Raids Liberty Dollar, The Rabid Quill, 2007-11-15
  21. ^ Government vs. Liberty Dollar, Liberty Dollar
  22. ^ Seizure Warrant (PDF)
  23. ^ Seizure Warrant (Copy) (PDF)
  24. ^ Lesnick, Gavin (2007-11-15). "Liberty Dollar office raided". Evansville Courier & Press. Retrieved 2008-02-08.
  25. ^ Lenz, Ryan (2007-11-16), Feds raid 'Liberty Dollar' HQ in Ind., Associated Press
  26. ^ a b Indictment, docket entry 3, May 19, 2009, case no. 5:09-cr-00027-RLV-DCK-1, United States v. Bernard von NotHaus et al., U.S. District Court for the Western District of North Carolina (Statesville Div.).
  27. ^ Waiver of Personal Appearance at Arraignment and Entry of Plea of Not Guilty, docket entry 36, July 28, 2009, case no. 5:09-cr-00027-RLV-DCK-1, United States v. Bernard von NotHaus et al., U.S. District Court for the Western District of North Carolina (Statesville Div.).
  28. ^ "NC man convicted of illegally minting US coins". WBTV. 18 March 2011. Retrieved 19 March 2011.
  29. ^ See Jury Verdict, March 18, 2011, docket entry 191, United States v. von NotHaus, case no. 5:09-cr-00027-RLV-DCK.
  30. ^ "NC man convicted of illegally minting US coins". WBTV. 18 March 2011. Retrieved 19 March 2011.
  31. ^ a b "Editorial: A 'Unique' Form of 'Terrorism'". The New York Sun. March 20, 2011. Archived from the original on April 3, 2011.
  32. ^ http://news.yahoo.com/s/ap/us_liberty_dollars_raid#mwpphu-post-form
  33. ^ http://www.cbsnews.com/stories/2011/04/04/ap/business/main20050452.shtml
  34. ^ http://www.google.com/hostednews/canadianpress/article/ALeqM5jjGhfU7deB2pogyqruXXvQyvro-Q?docId=6459932
  35. ^ Liberty Dollar
  36. ^ Liberty Dollar
  37. ^ 2011 Gold and Silver Eagle Bullion coins
  38. ^ Liberty Dollar
  39. ^ Liberty Dollar
  40. ^ Watner, Carl (2001). "Fed up with the Federal Reserve". The Voluntaryist. Retrieved 2006-09-02.
  41. ^ Vin Suprynowicz (2003). "Letters to the Editor". Archived from the original on April 1, 2007. Retrieved 2006-09-02. {{cite web}}: Unknown parameter |month= ignored (help)
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