Colonial-era coin at the center of lawsuit
By Dana Parsons - August 18, 2009 | From The Los Angeles Times
Plaintiff
says the owners of a Brasher Doubloon reneged on a deal to
pay him for information that he says shows the coin was the
first made under the new U.S. government -- which would boost
its value.
The Brasher Doubloon is steeped in historic
reverence and mystique. It dates to Colonial America and the
dawning of the new federal government, when Spanish gold doubloons
circulated alongside other foreign gold and silver as part
of New World commerce.
The coin takes its name from Ephraim Brasher, a respected
New York City gold- and silversmith who lived next door to
George Washington. In 1787, Brasher began making gold coins,
presumably to be used as currency for the soon-to-be-formed
republic.
Seven of them remain and are sanctified as the first truly
American gold coins. That fact, along with their distinctively
American design and Brasher's friendship with Washington,
attached a permanent legacy to the coins.
The coins are nearly identical, but one of them is first
among equals. And it is that coin, worth $15 when Washington
was president but most recently sold for nearly $3 million,
that is at the heart of a lawsuit filed in Orange County Superior
Court. Rare coin researcher William Swoger says he told the
coin's owners that he had "specialized information"
about the coin and that they reneged on finalizing a contract
to pay him in exchange for the information.
Orange County coin dealer Steven Contursi and his Northern
California partner, Donald Kagin, teamed up to buy the Brasher
Doubloon in 2005 for $2.99 million, then the second-highest
price ever paid for an American coin. Swoger's lawsuit alleges
that he approached Kagin and Contursi several months ago and
told them the coin was worth much more than they realized.
The key, he told them, is that the coin wasn't the first
of the seven struck by Brasher beginning in 1787. Contrary
to the prevailing view in numismatic circles, Swoger says
it was the last, and probably not struck until 1793.
That later date is crucial, Swoger says, because this coin
was fractionally heavier than the others and made to conform
to a 1793 act of Congress that established weight standards
for gold coins in the new republic. The other six coins are
of identical weight and predate the formation of the new government,
he says.
Kagin and Contursi "knew they had a unique coin,"
says Richard Herman, a Newport Beach attorney who is representing
Swoger. "They knew it was very valuable, very rare. But
they thought it was the first one [in the series] and not
the last one. Turns out that makes all the difference in the
world. One's a Colonial coin made by a jeweler, and it's a
very nice coin, but the other is the first coin made for circulation
under a law of the United States. That's heavy-duty."
One side of the coin shows an eagle with wings spread. Thirteen
stars representing the original colonies surround its head,
and its talons hold olive branches and the arrows of war.
On six of the coins, Brasher's "EB" stamp appears
on the eagle's wing. On Kagin and Contursi's coin, the "EB"
stamp appears on a shield on the eagle's breast -- a unique
design element that distinguishes it from the others and is
part of the reason many numismatists call it America's most
treasured coin.
One theory is that Brasher made the change for purely aesthetic
reasons. But Swoger contends that, as the last coin in the
series and made to conform to the congressional act, Brasher
put it there to distinguish it from its predecessors.
According to the lawsuit, Swoger informed the owners that
he had discovered information that would make their coin much
more valuable and asked for a $500,000 fee. They countered
with $250,000, the suit alleges, and then asked for a meeting
at which Swoger would disclose the information.
Swoger met with Kagin, explained his thesis and was given
a gold coin valued at $35,000 as a down payment, the suit
alleges. Swoger alleges Kagin said he and Contursi would prepare
a contract but never did. Swoger is suing for millions of
dollars in damages.
On the advice of their attorney, Contursi and Kagin declined
to discuss the matter. But Contursi, the president of Rare
Coin Wholesalers in Dana Point and a two-thirds owner of the
coin, wrote in an e-mail:
"I greatly regret that Mr. Swoger has chosen to sue
me and my partner. We never sought anything from Mr. Swoger
regarding the Brasher Doubloon and never benefited in any
way from any information he volunteered to us. The lawsuit
is utterly frivolous, and I urge him to withdraw it."
Armen Vartian, an attorney representing the coin's owners,
said, "I don't think the complaint will survive a motion
to dismiss."
In an interview, Swoger, who is 65 and lives in Lake Odessa,
Mich., said he is confident he can prove the coin was the
last in the series and not the first. He declined to provide
details.
His attorney said an ad in a 1790s New York newspaper spurred
Swoger's research about the sequencing of the doubloons. Swoger
acknowledged that but said learning the exact weight of the
historic doubloon -- that it was slightly heavier than the
others in the set -- was what led him to conclude it was struck
after the others and linked to the congressional act.
"Logic takes me right there," he said.
Asked if he'd been nervous about disclosing his information
to Kagin without a contract, Swoger said, "Yes, I was,
but how can they buy a pig in a poke? So, it was a necessary
step."
Kagin subsequently said they weren't going to use his information
and felt no need for further payment, Swoger said. "Whether
they use it or not, I delivered it," he said. "They
know it and now other people are going to know it. They can't
give it back to me."
The lawsuit alleges that Swoger's theory would elevate the
coin's value to $10 million.
"If I'm wrong and they can prove me wrong," Swoger
said, "they owe me no money for the information. If my
information is correct, it gives much more importance to Ephraim
Brasher himself and his other gold coins, because it gives
him a longevity that was not known before."
The lawsuit is an uncommon event in the world of rare-coin
collecting, but there's no doubt that the Brasher Doubloon
is fertile territory for intrigue.
"There's still quite a bit that's unknown about these
coins," said Beth Deisher, editor of Coin World magazine,
in a phone interview from her office in Sidney, Ohio.
The first "official" U.S. coin wasn't produced
until 1793, she said. The country never authorized a $15 denomination,
but that doesn't mean that a coin containing that precise
gold value wouldn't be legal tender, she said.
Coin World will report on the lawsuit this week, but Deisher
declined to express an opinion on it. Swoger has written for
her magazine and is respected for his research in the coin-collecting
world, she said. He has not published any documentation for
his theory about the Brasher Doubloon.
And if Swoger's theory is correct?
"It would elevate the coin's historical importance,"
Deisher said. "Whether that translates to value is something
that would have to be determined by the marketplace."