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V12 2009 INDEX       E-SYLUM ARCHIVE

The E-Sylum: Volume 12, Number 37, September 13, 2009, Article 12

NEW DEVELOPMENTS IN THE CASE OF THE FORMER ANA EXECUTIVE DIRECTOR

Last week we quoted a Numismatic News article by David Ganz stating:

Christopher Cipoletti, who was ousted as executive director of the American Numismatic Association, has been ordered to pay $53,500 in arbitration fees and costs to the ANA.

Well, the "fees and costs" are pretty hefty. Although my E-Sylum headline was "ARBITRATOR ORDERS FORMER EXECUTIVE DIRECTOR TO PAY ANA $53,500", ANA Governor Joe Boling writes:

I don't know if ANA has paid the arbitration fees up front and is now to be reimbursed by Cipoletti, but in either case, the ANA is not "getting" any money from him. The $53k+ is composed of a fee to the American Arbitration Association and costs to the arbitrator herself. None of that money ends up in ANA hands. I'm very surprised that David Ganz phrased it that way (or perhaps we should be blaming an editor at F&W Media, owners of Numismatic News).

In a September 9, 2009 Numismatic News article published on the Numismaster web site, David Ganz discusses further developments in the case. -Editor

Just when it seemed like it was over with an arbitrator's award, ousted American Numismatic Association executive director Christopher Cipoletti filed a motion in Colorado Springs, Colo., court seeking to overturn the arbitration award on the grounds that the arbitrator exceeded her authority. It is one of the few bases that, if correct, constitutes grounds to throw out the July decision made public recently.

In a related development, a routine request to postpone the December trial date of the former ANA trial counsel was given a decidedly non-routine denial; the court suggested that the parties prepare for trial and mediation. The combined events make for a renewed vitality to what seemed to be a closed case.

To read the complete article, see: Cipoletti Case Not Yet Closed (http://www.numismaster.com/ta/numis/Article.jsp?ad=article&ArticleId=7629)

But there is still more bubbling beneath the surface. In a September 3, 2009 filing, Cipoletti's attorneys make a motion to stay the proceedings. Their reasoning is likely to raise a few eyebrows. Here are some quotes from the public document.

Third Party Defendant Christopher Cipoletti ("Cipolctti"}, by and through his attorneys, Mulliken Weiner Karsh Berg & Jolivet, P.C., respectfully moves this Court for an Order staying further proceedings in this civil matter pending the resolution of the parallel criminal proceeding.

At the urging of the ANA and its counsel, Cipoletti is the target of an ongoing criminal investigation by the El Paso County District Attorney (the "DA") relating to the allegations asserted by the ANA in its First Amended Third Party Complaint. The allegations made in the First Amended Third Party Complaint in this case are identical to issues being investigated by the DA. It is understood by Cipoletti that criminal charges are imminent. The ANA and their lawyers have communicated with and provided information to the DA in support of an indictment against Cipoletti.

The ANA has requested a deposition of Cipoletti in this action. Because the issues the ANA will address with Cipoletti are indistinguishable from the subject of the anticipated criminal charges being brought by the DA, Cipoletti simply cannot adequately respond to the civil claims in such a way as to not implicate his state and federal constitutional rights to remain silent in the criminal investigation.

Like Yogi Berra said, "It ain't over 'til it's over". Stay tuned, folks. -Editor

THE BOOK BAZARRE

DAVID F. FANNING NUMISMATIC LITERATURE offers rare and out of print publications on coins and related subjects from all times and places. The next issue of The Bookshelf will mail this week and will be available on our Web site soon after: www.fanningbooks.com .


Wayne Homren, Editor

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