United States v. One Solid Gold Object in Form of a Rooster

[3] He eventually had it made in California with permission of the San Francisco Mint to melt down 300 ounces of 18-karat gold to make the statue.

[7] However, later in the year, the United States Secret Service told Graves the statue was illegal due to the gold in it.

Two points raised were; "Did the United States need to prove intent to violate the Gold Reserve Act to gain a warrant for seizure?

On both points, the judge ruled that intent was irrelevant in terms of getting a warrant, and because this was a civil case and not a criminal one, the government only needed to show a preponderance of evidence.

[3] The government argued that the rooster risked American economic security, citing the initial refusal of the mint to melt down the gold and Graves' evasive tactics in getting the authorization.

[1] The judge summarized the jury's decision as the rooster having been made in good faith as a piece of art, rather than any attempt to hoard the gold.

The government lawyers also moved for a retrial on the grounds of misdirection of the jury and failure to allow witnesses, arguing that the ruling could result in people making 200 ounce golden steers.

The court replied that it was up to Congress to make their intent clear and that the enacted text was too vague to specifically target the statue just because it was made of gold.

The gold rooster sculpture