From: mpcgram-owner@mail.papermoneyworld.net on behalf of MPCgram [mpcgram@yahoo.com] Sent: Thursday, September 14, 2006 7:41 PM To: mpcgram@papermoneyworld.net Subject: MPCGram 1502 ------------------------ / MPC Gram News Letter / ----------------------- =========================================== MPC GRAM =========================================== Vol 7, no 1502 Friday September 15, 2006 Charlton Gone SHREVEPORT, LA - Charlton E. Meyer, Jr., 75, passed away at Christus Schumpert on Monday, September 11, 2006 with his family at his side. Graveside services were held on Wednesday, September 13. Charlton was born January 6, 1931 and was a lifelong resident of Shreveport. He was a lifetime member of B'Nai Zion Temple and the Shreveport Jewish Federation. He was also a nearly lifeling numismatist. Two specialities were bust half dollars and World War II concentration camp money. He built famous collections of both. He collection of concentratoin camp money was donated to the Holocaust Museum Houston and is the core of the museum’s touring exhibit of this material. The family requests that memorials be made in lieu of flowers to B'Nai Zion Temple, Shreveport Jewish Federation or the donor's choice. Additional information and a picture of Charlton can be found at http://www.legacy.com/shreveporttimes/Obituaries.asp?Page=Lifestory&PersonId=19202020 Conversion Issues by Jim Downey     In my legal practice, I have access to electronic databases of court decisions including all of the reported cases from the Federal Judiciary.  Out of curiosity I decided to enter the search term “military payment certificates” into the database to see what may be out there.             I was surprised to see over 250 cases that used the term.  Upon review of the cases, most of them relate to courts-martial for theft of MPC from or by service members.  I did not think that these were particularly interesting, but there were a few cases that may be of interest to the MPC community.  I will occasionally detail these cases in the next few months.             The first case is Miller v. United States. It involved the attempt to convert more MPC than the authorized amount during the conversion from Series 591 to Series 611 in Korea.             Miller worked for the USO in Seoul as a civilian employee.  He was an authorized user of MPC and received all of his pay in MPC.             The conversion to Series 611 took place on January 6, 1964.  Miller applied to convert $5,825.35 in Series 591 notes.  Eighth Army Regulations prohibited the conversion of more than $300.00 in MPC unless the holder could establish the legitimate acquisition of the currency.  Despite the $300.00 limit, Miller was permitted to convert $1,523.00 worth of Series 591 MPC.  The Department of the Army denied the request to convert the additional funds.  Miller sued the United States for the remaining $4,302.35 on the theory of a violation of the Fifth Amendment “takings clause” which prohibits the government from taking property of an individual without compensation and without due process.             The amount that the Department of the Army permitted to be converted was determined as follows: When Series 591 was introduced he converted $750.00 of the prior series.  From then until the conversion to Series 611, he earned $11,140.00.  He was therefore credited with legal acquisition of $11,890.00 in MPC. He provided data that showed that his expenses during this period amounted to $10,367.00.  The difference between these numbers is the $1,523.00 that the Department of the Army allowed him to convert.             At an administrative hearing with the Department of the Army, Miller offered differing explanations as to where the excess came from with the most plausible explanation being from gambling winnings.  Miller could not provide evidence that the persons that he won the money from were authorized to hold MPC.             Miller appealed the Department of the Army decision to the Federal District Court for District of Columbia where his appeal was rejected.  He then appealed to the Court of Appeals for the District of Columbia who also turned him down.             The Court noted that Miller did not dispute the validity of the MPC system or that the regulations required him to prove legitimate acquisition of the money.  (It would have made for a more interesting decision had he attacked the MPC system.)  Instead, he argued the fact that the regulations placed this burden on him was a violation of due process in violation of the Fifth Amendment. He argued that the mere possession of the money was evidence of legitimate ownership and that it was up to the Department of the Army to prove that the money was not legitimately acquired.             The Court did not buy Miller’s argument. The decision was based on a rule of evidence that places the burden of proving the facts essential to the validity of a claim on the claimant where such facts are peculiarly within that person’s knowledge. In simple English, since he knew where he got the money and there was no real way for the Department of the Army to know, he had to prove his case.             The Court went on further to point out that the MPC itself indicates on it that it is for use in US establishments by authorized personnel in accordance with applicable rules and regulations.  In this case, the applicable regulation was the limitation on conversion and having to prove legitimate acquisition of amounts above the conversion limits.  When Miller accepted his job with the USO, he did so knowing that he would be paid in MPC and that its use was subject to regulation by the military.             The question that I have is this:  What happened to the money?  The decision does not indicate the disposition.  Was it returned to him or is $4,302.35 in Series 591 notes sitting in a file somewhere in one of the Federal Courthouses in Washington , D.C. ?  If so, are there any replacements lurking in the hoard? ***************************************************** Championship Question Corner Question: What is the lowest denomination WWII Series F United States Savings bond? Question 159, difficulty 3. Yesterday's Question: What is the most valuable US military note? Question 158, difficulty 2. Comments from the field: Warner Talso wrote regading question 157 that accuracy demands that the $10 Series E bond was sold only to military personnel. ========================================== Editorial ========================================== The passing of a great numismatist like Charlton Meyer is of course sad news. It is also cause for reflection. Deaths always are. We are but brief caretakers of our collections. Of course this is obvious, but it is brought home at times like this. I knew Charlton for a long time even if I did not know him well. Mostly we chatted at FUN. As mentioned in the news item above he had (at least) two major collections (we would like information on others). I suspect that the majority of fellow specialists in the respective two fields hardly knew of the other passion. This of course highlightst the great diversity within numismatics. Charlton will be greatly missed. At about the same time that news of Charlton's passing arrived, we received news that Bill Rosenblum is having heart surgery. We are happy to pass along Bill and Rita's request that you may have to be patient for a few weeks if you try to contact them, but in the shadow of Charlton's passing our human frailty is highlighted. At the ANA convention Bill told me about the pending surgery. He was in good spirits about it, but now that the moment is here we cannot help but be a little apprehensive. Good luck Bill. We look forward to seeing you at a show soon or even at Fest 8 (you have mentioned several times the possibility of attending). ========================================= Mail Call =========================================== Dear Esteeemed Editor, You recently wrote about a fantastic Heritage Signature Auction but gave no date or city for it. I cannot find it what your are writing about at their website. Please include all relevant data about an auction so your readers can find it. Thank you. The Master Sergeant Daniel Dear The, Ouch. You are certainly correct. I am surprised that I could make such a stupid error even though no one else is surprised. The monster Heritage auction is this weekend at Long Beach. It is auction 418 and according to the sheet on my desk, every lot is available for viewing at HA.com/Currency. It is lot 481. Editor ========================================== Calendar =========================================== 2006 The London Paper Money Fair has moved to: Victory Services Club, 63 Seymour Street, off Edgware Road, Marble Arch London and the dates are: Nov 26. see: www.britishnotes.co.uk or www.londonpapermoneyfair.co.uk 16-20 August ANA convention, Denver (mini Fest at IBNS meeting?) September 14th-16th, Long Beach, mini fest to be annuonced The World Paper Money Fair, organised by the London chapter of the IBNS will be September 30/October 1 at the new venue: Hotel Russell, Russell Square, Bloomsbury, London.  see: www.ibnslondon.org.uk Oct/Nov Pcda St Louis 2007 MPCFest: TBA Memphis 21-23 June. ANA Summer semnar Session I: June 24-29, 2007* Session II: June 30-July 6, 2007 ANA Convention, Milwaukee. ========================================== for dealer Hot Contact list, ANA MPC museum holdings and other static information please click this link: http://www.papermoneyworld.net/Gramattichments.htm ========================================= POST / BASE EXCHANGE(PX/BX/NEX) Dump your dupes! Your classified advertisement for items for sale, purchase or trade will be run here for free. Send your ads to the gram. This service is for everyone, most humble dealer or most advanced collector. The point is to make the gram more interesting. 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Wanted listings will run for a period of 1 month. ============================================= MPC Gram Staff: Publisher, editor: Fred Schwan fred@papermoneyworld.net; Subscription Manager:Doug Bell- doug@papermoneyworld.net Tuesday Columnist : JoeBoling- JoeBoling@aol.com Friday Columnist: Warner Talso: wtalso@aol.com Fest Auctioneer: Larry "Ski"Smulczenski - skitex@cox.net, Critic:Harold Kroll - HARBONS@aol.com Scholarship Coordinator: Marcus Turner- marucs@papermoneyworld.net; Webmaster and Technical Advisors:Doug Bell "Wiz" - doug@papermoneyworld.net Russ Walsh - russ.walsh@gte.net Fact Checker: Warner Talso -Calendar Coordinator: John and Nancy Wilson -The Boss: Judy Schwan MPC Gram is published by BNR Press and papermoneyworld.com as a free service to the community of military money collectors. Your suggestions, criticisms, complaints, editorial contributions, letters, and even praise are very welcome. 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