Monthly Archives: March 2011

Quote Of The Day

I posted yesterday about Bernard von Nothaus of the Liberty Dollar being convicted. I definitely think the fact support a guilty verdict on the charge of “issuing and passing Liberty Dollar coins intended for use as current money”, but some of the others seem quite a bit ridiculous, such as “conspiracy against the United States”. I think this was more fraudulent than conspiratorial…

…but it appears that the US Attorney doesn’t agree. She seems to think this is a lot more important than the rest of us… And what she says here [on the FBI press release, no less] is chilling:

“Attempts to undermine the legitimate currency of this country are simply a unique form of domestic terrorism,” U.S. Attorney Tompkins said in announcing the verdict. “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,” she added. “We are determined to meet these threats through infiltration, disruption, and dismantling of organizations which seek to challenge the legitimacy of our democratic form of government.”

Really, Anne? Really? You’re going to throw around terms like “domestic terrorism” over this? For as much as I disagree with what von Nothaus was doing — profiting off of those who feel your fiat currency, backed by nothing more than a promise, is on the verge of a potential collapse — he wouldn’t have such a big market to sell to if the Fed wasn’t doing everything in its power to undermine the legitimacy of the US Dollar every day.

Every day the government’s inflationary policies erode the value of the US Dollar, stealing the wealth of people who have worked their butts off to earn those Dollars. While I think what von Nothaus was doing was fraudulent, I think I’m beginning to agree with those who have used the old adage to explain why you chose to go after him: “Don’t steal. The government hates competition.”

Liberty Dollar Founder Reportedly Convicted

Hard to believe it was over three years ago, but may of us in the libertarian movement will remember the seizure of the Liberty Dollar holdings/equipment/etc. For those new to the movement, the Liberty Dollar was a metal-backed currency presented as an alternative to traditional fiat currencies, but unlike Gold/Silver Eagles, or Krugerrands, or gold/silver bullion, was actually intended to be used and spent and traded as money in exchange for goods. It attracted the attention of libertarians and goldbugs, and earned a bit of national visibility when it set to release Ron Paul versions of one of the popular gold coins.

Let me state, first and foremost, that I am not a fan of the Federal Reserve, or of fiat money. I fully support the right of the people of the US to use and circulate alternative currencies. I enjoy the fact that some of those currencies would be backed by precious metals. But I incurred quite a firestorm of comments here after the raid, when I explained that I thought the government was right. While I support alternative currencies, and would love the Liberty Dollar to have been one, I claimed it was NOT an alternative currency:

A competing currency must not be interchangeable with FRN’s, which is the fiction that the Liberty Dollar creators try to uphold. Thus, the ALD becomes a method for them to sell silver at a profit while their associates or merchants work to defraud businesses by offering silver worth less (in FRN terms) for goods that are priced in FRN terms. At each level, it appears to have a cut of profit, as all multi-level marketing schemes do, and at the bottom of the scale, those who receive ALD’s as a “face value” equivalent to FRN’s are being shafted.

The Liberty Dollar does not seem to live up to what is bills itself as. If it were a true competing currency, merchants would price goods in ALD terms higher than in FRN terms, in order to receive identical value for their wares. If it were a true competing currency, the “exchange rate” between ALD’s and FRN’s would float, rather than be defined by the Liberty Dollar creators. I previously have written favorably about the Liberty Dollar, but given new information, I have changed my mind. It does not fit the bill of an alternative currency; it is a scam.

After three years of legal wrangling, it was announced today that the founder of the Liberty Dollar, Bernard von Nothaus, has been convicted on all four counts.

The crux of the government’s case rests pretty much on this, care of Coin World magazine [emphasis added]:

The federal government alleges that Von NotHaus, with three other defendants, worked together to violate the law by making Liberty Dollars the government characterizes as “coins” of silver “intended for use as current money” and “in resemblance of genuine coins of the United States …”

U.S. Assistant Prosecutor Craig Morenao, in opening statements, said the government would set out to prove that von NotHaus deliberately told people to give Liberty Dollars as change for Federal Reserve notes, in direct violation of laws that specifically prohibit the use of passing originally designed coins as current money.

It seems pretty clear that this is not counterfeiting in the *traditional* sense, where you try to copy the direct design. But given that everything I had seen from the website, marketing materials, etc suggested that the ALD should be spent at parity with federal reserve notes, and given to vendors in place of or given to consumers as change in place of federal reserve notes is problematic. Creating a currency to be spent alongside in competition with the US Dollar is one thing — creating a currency to be spent as a US Dollar equivalent is another.

I feel moderately bad for those who got sucked in to the Liberty Dollar system. But overall, I feel worse for anyone who would have the goal to create a *true* alternative currency, because the actions of Bernard von Nothaus have given the very concept a bad name, and imbued the idea of alternative currencies with fear of government prosecution. All this for what was just a scam to get rich fleecing people who distrust government fiat money.

Hat Tip: Reason

Good Work — Almost There

Merely a week ago, I posted about a fundraiser for the Innocence Project.

The Innocence Project is a non-profit group working to offer legal services to convicts claiming innocence who have a chance to prove it. Living in as free and just a country as we manage to have, there are still mistakes — many more than we likely realize. Those on the wrong end of those mistakes often have nobody willing to fight for them, even if they are truly innocent.

The Innocence Project hoped to get 200 individuals to set up web pages attempting to raise $100 each for a total fundraising goal of $20K. Given the modest but wider reach of this blog, I set up our page with a goal of $500, and I think it’s a good one, because we’re over 60% there.

If you haven’t rattled the cup yet, I highly recommend you do so. You’re working to help people who have been unfairly beaten by the system clear their name. If that’s not enough, it’s tax deductible, so every dollar you donate reduces the amount the system has to railroad others.

We’re less than $200 from the goal. Go help out someone who needs it.

Eyewitness Misidentification: Revisiting a Previous Discussion

Disclaimer: The views expressed here at The Liberty Papers either by the post authors or views found in the comments section do not necessarily reflect the views of The Innocence Project nor its affiliates.

In support of our fundraising efforts for The Innocence Project, I have decided to dedicate at least one post per week over the next four weeks to the cause of criminal justice reform – many of which are the very reforms The Innocence Project are working to bring about. As of this writing, you readers have already donated $310 – 62% of our $500 goal! Thanks to everyone who has donated so far or plans to donate. Remember: your donations are 100% tax deductible.

With that out of the way, now I will turn your attention to the topic at hand: Eyewitness Misidentification.

Back almost three years ago to the day, I wrote a post about Troy Davis who had his death row appeal denied despite seven eyewitnesses recanting their testimonies (this case is still winding its way through the courts; here is an update on where the case stands today). As is often the case whether here at The Liberty Papers or at other blogs, the discussion that followed my post was actually a great deal more interesting than the post itself IMHO. Jeff Molby, a person who comments on a somewhat regular basis, really got the discussion going with several Liberty Papers contributors and readers.

The part of the post that Jeff believed to be “misleading” was the following statement I took from The Innocence Project webpage that dealt with the role eyewitness misidentification plays in wrongful convictions:

Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.

While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. Research shows that the human mind is not like a tape recorder; we neither record events exactly as we see them, nor recall them like a tape that has been rewound. Instead, witness memory is like any other evidence at a crime scene; it must be preserved carefully and retrieved methodically, or it can be contaminated.

This was Jeff’s response:

Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.

That’s a misleading stat. The relevant stat would be the percentage of convictions based on eyewitness identification that were later overturned due to DNA testing.

Comment by Jeff Molby — March 17, 2008 @ 12:51 pm

Perhaps the reason Jeff found the quote was misleading was my fault rather than The Innocence Project’s. The page that I took the quote from goes into greater detail complete with links for further reading. From my reading of their material, it seems to me that the statistics they are dealing with are from their now 266 exonerations. As the discussion unfolded, this forced me to do some additional research outside of The Innocence Project [Thanks a lot Jeff : ) ] to see if I could find more data to support –or refute The Innocence Project’s claim. Fellow contributor and lawyer by trade, Doug Mataconis also weighed in with his thought about the reliability of eyewitness testimony.

The highlights from this discussion are below the fold.
» Read more

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