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Ahem ... BS

Government Printing Office: 1933 2-15064

Executive Order 6102:

Executive Order 6102 Wikipedia:

Prosecutions related to Executive Order 6102

"There was a need to strengthen Executive Order 6102, as the one prosecution under the order was ruled invalid by federal judge John M. Woolsey, on the grounds that the order was signed by the President, not the Secretary of the Treasury as required.[8]


President Roosevelt issued new Executive Orders 6260, 6261 related to the seizure of gold and the prosecution of gold hoarders: also the Congress passed the Gold Reserve Act of 1934. Prosecutions of U.S. citizens and non citizens followed the new orders.

Gus Farber, a diamond and jewelry merchant from San Francisco, was prosecuted for the sale of thirteen $20 gold coins without a license. Secret Service agents discovered the sale with the help of the buyer. Farber, his father, and 12 others were also arrested in four American cities after a sting conducted by the United States Secret Service. The arrests took place simultaneously in New York and three California cities, San Francisco, San Jose, and Oakland. Morris Anolik was arrested in New York with $5000 in U.S. and foreign gold coins. Dan Levin and Edward Friedman of San Jose were arrested with $15,000 in gold. Sam Nankin was arrested in Oakland. In San Francisco, nine men were arrested on charges of hoarding gold. In all, $24,000 in gold was seized by Secret Service Agents.[10]

David Baraban and his son Jacob Baraban owned a refining company. The Barabans' license to deal in unmelted scrap gold was revoked, so the Barabans operated their refining business under a license issued to a Minnie Sarch. The Barabans admitted that Minnie Sarch had nothing to do with the business, and that she had obtained the license so that the Barabans could continue to deal in gold. The Barabans had a cigar box full of gold-filled scrap jewelry visible in one of the showcases. Government agents raided the Barabans' business and found another hidden box of U.S. and foreign gold coins. The coins were seized and Baraban was charged with conspiracy to defraud the United States.[11]

In 1934, Congress passed the Gold Reserve Act of 1934 which ratified President Roosevelt's orders. A new set of Treasury regulations was issued providing civil penalties of confiscation of all gold and imposition of fines equal to double the value of the gold seized. Louis Ruffino was one individual who was indicted on three counts purporting to charge violations of the Trading With The Enemy Act. Eventually, Ruffino appealed the conviction to the Circuit Court of Appeals 9th District in 1940; however, the judgment of the lower courts was upheld based on the President’s executive orders and the Gold Reserve Act of 1934. Ruffino, a resident of Sutter Creek in California-gold country, was convicted of possessing 78 ounces of gold and was sentenced to 6 months in jail, paid a $500 fine, and had his gold seized.[12]

Foreigners also had gold confiscated, and were forced to accept paper money for their gold. The Uebersee Finanz-Korporation, a Swiss banking company, had $1,250,000 in gold coins for business use. The Uebersee Finanz-Korporation entrusted the gold to an American firm for safekeeping. The Swiss were shocked to find that their gold was confiscated. The Swiss made appeals, but those appeals were denied. The Swiss were entitled to paper money – but not their gold. Of course, after the gold was seized, there was a 1934 overnight devaluation of the dollar from $20.67 per ounce to $35 per ounce. The Swiss company lost 40% of their gold's value.[13]

Another type of defacto gold seizure occurred as a result of the various Executive Orders and it involved bonds, gold certificates and private contracts. Private contracts or bonds which were written in terms of gold were to be paid in paper currency instead of gold. This was in spite of the fact that these contracts and bonds all proclaimed that they were payable in gold, and at least one, the fourth Liberty Bond, was a federal instrument. The plaintiffs in all cases received paper money instead of (the contract terms) gold. The contracts and bonds were written precisely to avoid currency debasement by requiring payment in gold coin. The paper money which was redeemable in gold was instead irredeemable based on Nortz v. United States 1935. The consolidated Gold Clause Cases were: Perry V United States 1935.[14] U.S. v Bankers Trust Co. 1935[15] Norman V B&O Railroad 1935[16] Nortz v. United States 1935

The Supreme Court upheld all seizures as constitutional with Justices McReynolds, Van Devanter, Sutherland, and Butler dissenting"