http://www.coinworld.com/articles/judge-agrees-with-jury-in-1933-
20-decision/?utm_source=OB_traffic
The fate of the 10 Langbord 1933 Saint-Gaudens gold $20 double
eagles came closer to finality in a brief Nov. 10 hearing in
Philadelphia where Judge Legrome D. Davis agreed with a jury’s
decision that awarded the coins to the government.
On July 20, a 10-member jury found that the government owns 10
1933 double eagles that were allegedly found in 2003 by Joan
Langbord in a safe deposit box that belonged to the Langbord
family. While the government claims that her father, Israel
Switt, effectively stole the coins from the Mint, the Langbord
family has argued that there was a short window of opportunity
when gold for gold trades occurred at the Mint, and that 1933
double eagles could have been legally paid out from the Mint
Cashier’s window.
On Nov. 10, Judge Davis of the U.S. District Court for the
Eastern District of Pennsylvania held a hearing to allow the
government and the Langbord family to present additional
evidence and oral arguments on the pending declaratory judgment
claim. Judge Davis could grant a motion for judgment as a matter
of law if he decided after viewing the evidence in the light
most favorable to the government that the evidence was
insufficient for the jury to reasonably reach its conclusion.
The Langbord family has contended that the government failed to
prove that the coins were taken from the Mint with specific
criminal intent, and that the jury had insufficient evidence to
reasonably decide on whether the coins were paid out legally.
Judge Davis noted at the hearing that he could not make any
findings that were inconsistent with the jury, and that he did
not intend to do so. In describing the trial, Judge Davis
organized the testimony into two groups. The first dealt with
the circumstances at the Mint and its accounting practices
around 1933, and the second was about the evidence and
information regarding the circumstances of Switt’s possession
and knowledge of the coins.
Judge Davis went on to state, “I find as a fact that the records
are complete,” finding that the records as presented by the
government at trial fully accounted for the movement of the 1933
double eagles and that they conclusively established that none
of the coins were paid out by the Mint’s Cashier. Judge Davis
concluded, based on the evidence, that with every coin accounted
for, legal title could not have passed to anyone other than the
government.
Regarding the Langbord’s witnesses, Judge Davis stated that he
found Joan Langbord’s testimony unconvincing and that it was
both “self-serving” and not believable because of the number of
trips that she had made to the safe deposit box prior to the
coin’s alleged discovery.
At the trial, records were presented showing that Mrs. Langbord
made numerous trips to the safe deposit box that contained the
1933 double eagles, although in those trips she allegedly only
examined jewelry and was not aware that the coins were in the
box. Judge Davis said that her testimony — and the discovery of
the coins only after the example allegedly owned by Egypt’s King
Farouk sold at a Sotheby’s auction for $7.59 million — “did not
ring true.”
While Judge Davis ruled in favor of the government on its motion
for declaratory judgment, he concluded the hearing by
complimenting the lawyers on both sides, telling them that the
case was well-tried and that it had been a pleasure to work with
them.