Peru Fails to Stop Spain in Odyssey Marine Case

Outside the US Supreme Court
The case of Republic of Peru v. Kingdom of Spain et al. (11A795)--related to Odyssey Marine Exploration, Inc. v. Kingdom of Spain, et al.--saw a last minute emergency appeal quashed Thursday. Peru made the final effort to stop coins, believed to be from the galleon called Nuestra Senora de las Mercedes, from returning to Spain. Spain has insisted that the so-called Black Swan treasure was taken unlawfully by salvor Odyssey Marine because the company impermissibly removed the items from a ship flying the Spanish flag.

US Supreme Court Justice Clarence Thomas denied Peru’s appeal on February 23, just two days after that country filed its application to stay. Peru made claims in federal court that the coins were minted in that country.  Justice Thomas also denied Odyssey Marine's application for a stay on February 9.

The high court's decision clears the way for the 17 ton load of coins to be transferred to Spain.  Odyssey Marine's stock fell nearly 4% on Friday.

CONTACT: www.culturalheritagelawyer.com

List of Stolen Objects from Olympia Museum in Greece

David Gill has posted a useful blog entry listing the objects looted from the Archaeological Museum of Olympia in Greece.  For background on last week's theft, see the video below.


CONTACT: www.culturalheritagelawyer.com

ACCG Makes Allegations in Baltimore Coin Case Reply Brief

CBP agents are pictured in this file photo
discussing strategies before airport
passengers arrive.  Source: CBP
The Ancient Coin Collectors Guild (ACCG) today filed its reply case in the case of ACCG v. US Customs and Border Protection et al.  The reply is a response to the brief by federal attorneys last month. The court case first started when the ACCG imported ancient Chinese and Cypriot coins through Baltimore, Maryland without a permit in an effort to challenge import protections put in place by the Cultural Property Implementation Act (CPIA).  The case is now on appeal in the Fourth Circuit after the ACCG lost in the lower federal district court.

The judiciary possesses the authority to review implementation of import controls over listed Chinese and Cypriot ancient coins coming into the United States. That is what the ACCG contends in its legal brief.  The organization summarizes its position in the argument title: "The District Court Possessed Ample Authority to Review the Government's Decision to Impose Import Restrictions on Collectors' Coins."

The group casts the controversy as a contest between "collectors' coins," which are of interest to the organization's small numismatic businesses and hobbyists, versus "serious substantive and procedural irregularities" on the government's part.  It complains that "[t]he Government … insists that its efforts to suppress the long-standing trade in common collectors' coins is either a foreign policy matter or one fully committed to agency discretion, leaving the Guild and the small businesses and collectors it represents without recourse." The group challenges authorities who believe they are "empowered to seize any undocumented coin that 'likely' was found in either Cyprus or China, notwithstanding explicit statutory language [in the Cultural Property Implementation Act] to the contrary."

The ACCG's brief levels "serious allegations," claiming that US State Department staff "worked behind-the-scenes with members of the archaeological lobby to orchestrate a change in existing precedent exempting coins from import restrictions ...." and that "staff added coins to the Chinese import restrictions without a formal request from Chinese officials."  The ACCG also alleges that an undersecretary of state "ordered [Cypriot] import restrictions … as a 'thank you' to Greek and Cypriot-American advocacy groups which had given him an award" and that an assistant secretary of state "did not recuse herself from approving the 2007 extension of the Memorandum of Understanding (“MOU”) with Cyprus after she had accepted a new position with an international financial institution that likely has business interests with Cyprus …."  The group additionally claims that the "State [Department] then misled Congress and the public about CPAC's true recommendations against import restrictions on coins."  CPAC is the Cultural Property Advisory Committee that advises the president about adopting import controls over cultural property in jeopardy from pillage.

The ACCG's brief further "alleges that the Government: (1) confused 'cultural significance' with 'archaeological significance' when it comes to objects that exist in multiples, like coins; (2) ignored evidence that Cypriot and Chinese coins circulated widely beyond their place of manufacture such that the 'first discovery requiremen'’ could not be met; (3) ignored or misapplied the CPIA’s requirements that less drastic measures like treasure trove laws or regulation of metal detectors be instituted before imposing restrictions; (4) ignored or misapplied the CPIA's 'concerted international response requirement;' and (5) wrongfully imposed import restrictions on coins without regard to their find spots."

The group argues that "the court has an obligation to ascertain whether coins were properly designated for restriction." That is, in part, because "CBP [Customs and Border Protection] acted in an arbitrary, capricious, or illegal manner under the APA [Administrative Procedures Act] when it allowed [the] State [Department] to assume authority over the preparation of the designated [import control] List."

The ACCG contends that it took action in court, not because it did not follow the rules as federal lawyers assert, but because the federal government failed to file a forfeiture action. The organizations says in its brief that the "Government’s claim that a forfeiture action provided an adequate remedy for the Guild borders on the Kafkaesque."

Note: Citations of authorities contained in the original ACCG brief are omitted from the quotes above.

CONTACT:
www.culturalheritagelawyer.com

Imperial Winter Series Race 12, Saturday 12th February

I had not thought the last race of the series would happen.  Where I woke up on Saturday morning there was snow, and more particularly ice everywhere, so I was pleasantly surprised to find the Hillingdon circuit completely snow and ice free (save for one small patch which was coned off.)  By the time of the start the temperature had crept up to just above freezing but there was no wind and unbroken sunshine.  After a couple of laps the conditions really were quite pleasant and I was very glad I had come.
The pace seemed high this week though again there was not a lot of activity off the front; one or two attempts but nothing sticking.  We passed the 4th cat race without any of the drama of last week.  Unfortunately the last couple of laps were hazardous with crashes on successive laps through the kink in the home straight.  I was happy to finish the final race of the series in the bunch and upright.
A huge thank you has to go to Imperial and particularly the Collins for once again giving us something to keep us riding through the depths of winter.    With the series over, believe it or not, spring must be here.
Stats:  25 miles in 58 minutes with an average of 25.7 mph.  Max 32.

Ivory Smuggling Case Moves Forward

Carved African ivory seized by US Fish and Wildlife in the case against Victor Gordon..
Source: USFWS
Plea negotiations continue in the case of United States v. Victor Gordon, according to a recent letter filed in court by Gordon's attorney. The US District Court for the Eastern District of New York has scheduled a status conference in the matter for March 15, 2012.

A federal grand jury indicted Philadelphia art dealer Victor Gordon in July 2011 for unlawfully importing and selling illegal African elephant ivory. Gordon is charged with conspiracy to smuggle elephant ivory, four counts of smuggling, and five Lacey Act violations.  Agents arrested him in July.  A person indicted is presumed innocent unless prosecutors prove guilt beyond a reasonable doubt in a court of law.  

The Lacey Act 16 USC 3371 et seq. protects wildlife and other natural resources. Under the law, it is illegal to import, transport, sell, receive, acquire or purchase specified wildlife taken, possessed, transported or sold in violation of any law, treaty or regulation of the United States.

The indictment also cites the Endangered Species Act 16 USC 1531 et seq., which makes it illegal to possess or trade illegal African ivory under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Legal import into the United States only occurs when a person obtains an import permit plus a foreign export permit issued by the country of origin or a foreign re-export permit issued by the country of re-export.

The indictment alleges that between 2006 and 2009 Gordon paid a person to travel to Africa on multiple occasions to "purchase raw elephant ivory and have it carved to Gordon's specifications. In advance of each trip, Gordon provided [the person] with photographs or other depictions of ivory carvings to serve as templates. Gordon also directed [the person] to stain or dye the elephant ivory specimens so that the specimens would appear to be old."  The ivory was brought through JFK International Airport in New York inside luggage before being sold by Gordon at his store in Philadelphia.

Federal prosecutors seek criminal forfeiture of the items seized. Specifically, they seek cash and objects that include nearly 500 ivory tusks and carvings seized between 2009 and 2010 in Pennsylvania, New York, Missouri, Kansas, Florida, and California.

If convicted, Gordon could face up to 20 years in prison.

CONTACT:
www.culturalheritagelawyer.com

State Department Gives Seizure Immunity to Cultural Objects from Kazakhstan


The State Department’s Bureau of Educational and Cultural Affairs has granted cultural objects from Kazakhstan immunity from judicial seizure.  The protected pieces will be part of a 2012 exhibition called “Nomads and Networks: The Ancient Art and Culture of Kazakhstan.”

The exhibit is to be held at the Institute for the Study of the Ancient World at New York University from March 6, 2012, to June 3, 2012.  The exhibition catalog describes a presentation of cultural objects from the sixth to the first century BC, including saddles, objects from the Berel valley, and gold mortuary ornaments from Shilikty and Kargali.

Under the federal statute known as Immunity from Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display (22 USC § 2459), foreign lenders are encouraged by Congress to lend cultural objects to museums without risk that those objects will become targets of litigation while on American soil.  The statute protects imported objects determined to be (1) of cultural significance, (2) intended for temporary, nonprofit exhibition, and (3) in the national interest.

Museums importing objects for temporary display must apply for this legal protection.  The notice of immunity is then published in the Federal Register.

US Supreme Court Rules Against Odyssey Marine's Request for Stay


Associate Justice Clarence Thomas
 The US Supreme Court has denied Odyssey Marine Exploration's application for a stay pending the filing and disposition of a petition for a writ of certiorari (i.e. a request to have the court review the case). Justice Clarence Thomas ruled on the matter today, docketed at 11A745.

Days ago the eleventh circuit court of appeals ruled in the case of Odyssey Marine Exploration, Inc. v. Kingdom of Spain, et al. that Odyssey could not postpone the return of the so-called Black Swan treasure to Spain while the commercial salvor appealed the case to the nation's highest court. Odyssey took the items from a Spanish galleon--the Nuestra Senora de las Mercedes--that sank in 1804 and was discovered in 2007.  Spain has contended that the galleon is a Spanish warship subject to protection from salvage.

On February 3, attorneys for Odyssey Marine filed their application to stay the court of appeals' decision.  The supreme court's denial followed on February 9.

CONTACT: http://www.culturalheritagelawyer.com/

Barry Landau Pleads Guilty to Theft of Historical Documents


Barry Landau yesterday pleaded guilty to conspiracy and theft charges related to stealing historical documents from several institutions along the east coast.  In December 2011, Landau’s attorney filed a motion to suppress evidence of the crime found by federal agents.  But yesterday Landau entered a plea agreement with the Maryland United States Attorney’s Office.  Sentencing will be held on May 7, 2012 [UPDATE: Rescheduled to June 27, 2012].

Landau admitted in his plea in federal district court to taking historical documents from museums in Maryland, Pennsylvania, New York, and Connecticut and selling some for financial gain.  His accomplice, Jason Savedoff pleaded guilty to the same charges in October 2011.

Documents by Alexander Hamilton
were stolen by Landau and Savedoff.
Library of Congress image.
Institutions targeted by the pair included the Maryland Historical Society, the Historical Society of Pennsylvania, the Connecticut Historical Society, the University of Vermont, the New York Historical Society, and the Franklin D. Roosevelt Presidential Library.  They pretended to be researchers and walked away with important papers by hiding them in clothing.  According to the US Attorney’s Office, “Landau and Savedoff often took the card catalogue entries and other ‘finding aids,’ making it difficult for the museum to discover that an item was missing. Documents that had been copied on microfilm were often avoided because of the increased possibility the theft would be discovered by the library or repository.”

Items taken included papers by prominent figures in American history, including John Jay, Alexander Hamilton, George Washington, Benjamin Franklin, and Abraham Lincoln.   The documents’ historical value is priceless.  On the open market, some of the papers fetched high sums.  For example, four reading copies of speeches by Franklin Roosevelt sold for $35,000.

Both Landau and Savedoff face sentences of up to five years in prison for conspiracy and 10 years for theft.

CONTACT:
www.culturalheritagelawyer.com

Egyptian Red List Now Available From ICOM

Th Emergency Red List of Egyptian Cultural Objects at Risk is now available.  You may view it here.  Published by the International Council of Museums (ICOM), the Red List illustrates various types of cultural objects that are vulnerable to archaeological site looting and theft.

CONTACT: http://www.culturalheritagelawyer.com/

British Cycling Road Safety Report - Ahead of The Times?

With the current interest in campaigns for cycling safety, it is well worth drawing attention to the recent British Cycling Road Safety Report.  This has the following sensible 6 key points under a theme of mutual respect:
- Driving Test
- Self-protection (this is defensive riding, NOT helmets or sticking to cycle tracks!)
- HGVs
- Law Enforcement
- Road Layout
- Speed Limits
It is a short but impressive document resulting from a survey of its members and it reflects the very good sense that British Cycling sports men and women (past and present) have been saying in The Times in the last few days..

Equally the See Me Save Me campaign is now launched with a specific goal, that is bound to save lives, of requiring large vehicles to be equipped with technology that reduces their danger to others.

I have concerns about the way in which The Times campaign may head.  These concerns have not been allayed by seeing yesterday's contribution in The Sunday Times from an associate editor that argues (apparently seriously) that bicycles should be banned from main roads.  Although this kind of talk is obviously not going to get anywhere, it does much to undermine the mutual respect that British Cycling are striving for.  The Times has been notably quiet about questions of law enforcement and I cannot quite get over what Freewheeler has in the past, not entirely without justification, described as cyclophobia.

Incidentally, discard The Times Guide to Safe Cycling, if you got it last Saturday, and replaced it with British Cycling's Effective Traffic Riding

Motion to Dismiss Filed in Kortlander Case - US Court of Federal Claims Issues Show Cause Order for Party's Failure to Appear

Little Bighorn River.  Courtesy NPS.
Federal lawyers recently filed a motion to dismiss Christopher Kortlander's multimillion dollar claim against the government, while Kortlander's attorney reportedly failed to appear for a January 26 court status conference.  The United States Court of Federal Claims therefore issued an order for a show cause hearing, stating: "The court reached defendant’s counsel and agency counsel, but was unable to reach plaintiffs' counsel at the appointed time, although the court attempted to reach plaintiffs' counsel twice. Therefore, on or before Monday, February 13, 2012, plaintiffs' counsel, in writing, in the electronic filing system, shall show cause why this case should not be dismissed for failure to prosecute and comply with the rules of this court ...."

Kortlander, owner of the Custer Battlefield Museum in Montana, was once under federal investigation after the Bureau of Land Management (BLM) received complaints that he was selling artifacts on eBay that were claimed to have been recovered from the Little Big Horn battlefield.  The battlefield is a protected national memorial dedicated to the U.S. Army's 7th Cavalry and the Sioux and Cheyenne.  It is the site of George Custer's famous "last stand."  The investigation of Kortlander led to the execution of search warrants by authorities in 2005 and 2008. But the prosecution in 2009 declined to prosecute.

Since then Kortlander has engaged in litigation, including filing an action against the government in the court of federal claims on September 19, 2011 for $188,500,000 in damages.  That action was filed days after a federal district court in Montana dismissed Kortlander's lawsuit against a BLM agent.

Attorneys for the United States filed a motion to dismiss Kortlander's tort, criminal, and constitutional law claims on January 17, 2012.  They contend in their pleading that Kortlander's case lacks jurisdiction, fails to state a claim upon which relief may be granted, fails to meet the statute of limitations, and fails to meet certain pleading standards.  Some of the arguments the government puts forward in the motion are the following (legal citations in the original have been omitted):

"Plaintiff [Kortlander] appears to allege that Federal agents violated his Fourth Amendment rights to be free from unreasonable searches and seizures.... He also alleges throughout his complaint that the search warrants justifying the 2005 and 2008 searches of his property in Garryowen [Montana] were not supported by probable cause.... However, the law is well established in the Court of Federal Claims that the 'Fourth Amendment provides no right to money damages for its breach.'"

"The Court also lacks jurisdiction over plaintiff's allegations that Federal agents violated his Fifth Amendment due process rights, because the Due Process Clause is not a 'money-mandating provision.'"

"The tort claims of slander and defamation fall outside the jurisdiction of the Court."

"Any effort by plaintiff [Kortlander] to allege a claim of tortious interference with business relationships by the Federal agents does not fall within the Court’s jurisdiction, for the same reasons."

"Further, any efforts by plaintiff to allege tortious invasion of privacy, or tortious harassment and intimidation by another person, fall outside the Court’s jurisdiction."

"Mr. Kortlander has failed to state any claims upon which relief may be granted. The majority of his claims are barred by the six-year statute of limitations."


CONTACT: www.culturalheritagelawyer.com

My personal journey with the bicycle

Reading ‘The Times’ this morning, and in particular the article by newscaster Jon Snow, got me reminiscing about the history of my relationship with bicycles.  It is approaching 10 years since I got into cycling in a major way and I hope you will forgive this uncharacteristically personal story.

Jon Snow and I met on a bike ride around Blois to raise money for a charity, Saving Faces.  My former colleague and mentor (a senior barrister who was very kind to me when I was a pupil) fell under the care of a skilled facial surgeon who was an old University friend of Jon’s; hence our mutual support for this worthy cause.

Until 2002 the extent of my cycling was to cycle the 5 miles from my home in Earl’s Court to my work in The Temple, on an old battered bicycle.  I was terrified of traffic and my route took me through quiet sidestreets through parks and even (I now shudder to recall) along some pavements.  I invariably wore ‘ordinary’ clothing.  It would take me around half an hour to cover that distance.  I was unfit, slow and posed no danger even to pedestrians.  I felt I was doing my bit for the environment and to keep fit.  Devoting the hours I now do to cycling was in those days completely unthinkable with the twin demands of trying to make my way in my profession and of a young family.  I cycled but had no real interest in cycling.  I had only the vaguest idea who Lance Armstrong was, or when the Tour de France took place, and had no real conception that sportsmen, let alone ordinary cyclists, could easily travel distances of the order of 100 miles.

However I was prepared to make an effort for this charity ride.  I went along to my local bike shop (I had now moved to Berkshire) and bought the cheapest road bike they had.  It felt very awkward having drop handlebars and such skinny tyres and I struggled with learning how to change gears through manipulating the brake levers.  Not only did I accept advice as to the bike, I also bought a pair of cycling shorts though these were always safely concealed under an outer garment.  I cycled this bike through parks and cycle tracks to Staines, 10 miles off, each morning and then put my bicycle in the guard’s van, back in the days when cycles on trains and rush hour were not mutually exclusive.

On 7th April 2002 I started the 100 mile ride with Jon in the Loire countryside.  Jon had all the kit and a bike that cost more than I imagined a bike could.  He laughed at me in my old boat shoes.  I reciprocated with astonishment at his ‘clipless’ pedals, I had seen nothing like them and he patiently explained their advantages.  To Jon’s mild surprise I kept up with the lead group on this ride and even chased them down successfully after I had had to detach and discard my plastic toe straps (into a bin, Mr Parris, if you are reading) which were disintegrating under the strain of the ride. 

Once I got home new pedals were required so I returned to the local bike shop and got some ‘clipless’ ones.  After a few embarrassing falls I never looked back.  I kept cycling to Staines because I enjoyed it and even sometimes beyond though my continuing fear of traffic made it difficult to advance far into London.  Doubly affected one year by Breast Cancer I undertook with friends a charity ride to Cambridge for ‘Breakthrough Breast Cancer’.  Spotting that I could do that, another colleague (who sadly but tellingly has been off his bike now for six months as the consequence of a vicious and unprovoked assault when he was pushed off his bicycle in the lanes of Kent) invited me to join him on a French sportive ride where my enjoyment of cycling reached an even higher level.  Shortly thereafter I ended up in a racing club, got used to the advantages of lycra and became truly hooked (to the cycling).

Early in the process of becoming a cyclist I suffered the worst ‘accident’ I have yet had on a bicycle.  I was travelling to Staines one morning along a cyclepath.  The cyclepath took me onto a roundabout for a right turn towards Staines.  A motorist, who did not expect me or see me, came from my left broadside into me.  My precious first roadbike was folded in half under her wheels while I got a sharp smack to the hip from her front and a second sharp smack to my shoulder from her windscreen before being thrown forward onto the tarmac as she finally braked.

It was entirely her fault not giving me priority on that roundabout.  However the accident would not have occurred had I not been so fearful of traffic.  When I cover the same route now I am not on the cycletrack emerging from a little used road onto the roundabout, I am on the main road, dominating my lane where I cannot fail to be seen.  I read John Franklin’s excellent book ‘Cyclecraft’, trained to Bikeability 3 and became a fully converted vehicular cyclist.  I have had a couple of minor collisions with careless motorists since but they have been anticipated and controlled, and have left me with no significant injury.  The three occasions I have needed medical treatment since the Staines crash have all followed from my sliding to the ground in icy or greasy conditions when I have been pushing the boundaries.

So, since I became a ‘vehicular’ cyclist I have had no serious collisions with traffic.  I have however been shouted at, abused and even, once, assaulted.  An explanation, though certainly no excuse, for this is that many motorists and even some cyclists do not understand my positioning.  I will, when my safety requires it (which is much of the time), take the primary road position (centre of leftmost lane relevant to my direction of travel) and never ride closer to the kerb than the secondary position - a fluid concept but broadly about ½ metre left of the traffic flow (where the vehicles would put their nearside wheels if you were not there) but never (ok, hardly ever, and usually I have regretted the exceptions) closer than ½ metre from the kerb.  This naturally leads to avoidance of the lethal undertaking manoeuvre (forget the red lights it is the cyclists who undertake me, six inches from the kerb, when I am slowing for a hazard or even indicating to turn left, that wind me up).

Getting back to The Times, I have praised their campaign and like tens of thousands of others signed up my support.  Their guide to safe cycling does make the point about positioning but it is a bit half-hearted compared (say) to the advice to wear a helmet.  Point 3 is that ‘Some cycling instructors say that your primary cycling position should be in the middle of the road and your secondary position to the left’.   This gives the impression it is potentially a minority view and so far as I am aware it is not.  Every suitably qualified instructor will surely agree that the primary position is in the middle of the lane.  By contrast Point 1 in the same guide is to be sure you have the right kit namely, Helmet, High viz jacket. Over the page is a double spread about James Cracknell and his belief that cyclists who are not wearing helmets are irresponsible and selfish.  No some people believe you should wear a helmet about this

Vehicular cycling is though not an easy solution for everybody.  The main reason for this, however, is because too few motorists understand Bikeability training.  If they did and it were part of the requirements for a driving licence, then surely the old and the young as well as the bloody-minded would find it easier to do what was universally expected of them rather than to do what is currently regarded with suspicion or even aggression.  It is not, in my view, inherently difficult for bicycles and cars to share the road once everyone is clear about the rules.

This brings me finally to Jon Snow’s contribution,  I am very favourably disposed towards Jon who I have explained was an inspiration to me 10 years ago (and I love it when I hear him on TV mentioning that he hopped on his bike to interview the Prime Minister/President of the World Bank/Pope or whomever).  I agree with his article entirely until he gets to the point where he says cars and bikes do not mix and cannot share the same road, he argues for segregation.  I can see the force of providing infrastructure which will lessen the perception of hazard to would be cyclists.  However saying cars and bicycles cannot mix is perilously close to the motorist view, which I have encountered, that cyclists should not be on the road.  I am left worrying today that this could all develop into an emphasis on danger, helmets and segregation.

I have referred to everybody knowing the rules.  This to me is key, as is enforcing the rules.  This is the part that is too often glossed over.  Rebecca Romero has it right in her contribution when she says that the critical thing is respect for road users who aren’t in motorised vehicles.  ‘I think the penalties for causing injury or death on the road are far too light.  The consequences-the deterrent-have to be massive’.   I am encouraged to note that this is a stand being taken by British Cycling following the tragic death of Rob Jefferies in Wareham.  We often talk about new laws.  The truth is we have laws but they are not adequately enforced or end up being watered down from the deterrent they could be.  There is a literal lawlessness on the roads which would never be countenanced in the workplace or anywhere else.  Too often the authorities are just not interested in enforcing laws that could save lives, or give a passable impression of prejudice against cyclists when it comes to the enforcement of the rules.

Is it divisive, going around as I do expecting motorists who endanger or threaten me to face consequences for their actions?  I do not think so.  There is a small but dangerous core of motorists who are actively hostile to the presence of cyclists on the road.  For some, education and explanation may never be enough to alter their attitudes and behaviour.  Appeasement never works and ultimately these people should be denied the privileges conferred by a licence to drive.

Imperial Winter Series Race 11, Saturday 4th February

The mercury was hovering around freezing today.  ‘Well what do you expect, it’s the Winter series?’  Lucy very reasonably pointed out.  Perhaps the temperature explained why nobody seemed particularly to fancy much activity off the front into the biting southeasterly breeze.
Unhappily I got detained by a situation, half an hour in, which I thought was developing into a crash as we passed the 4th cat race through the double bends.  The rider in front had to swerve and I had to brake almost to a halt (I cannot help but have my crash alert antennae tuned in at Hillingdon).  At the same time the hammer appeared to go down at the front of my race.  I sat in with the 4ths for half a lap hoping for a breather and then to bridge the gap, but the speed differential this week was high  Accordingly unless I was going to go around and around with the 4ths, I had no option but to sit up for a lap.  Shame, but that’s racing and it serves me right for being at the back as we passed them.
Once the 3rds were back around, four riders had got a small gap but it didn’t last.  I had no entitlement to take a part in the race now but sat at the back for the ride.
No crashes anyway and apart from the incident referred to, no other bad moments.
Stats: 25.8 miles in 1h04m.  Av 24.2 mph, top 30.1 mph.

State Department Grants Seizure Immunity to Mexican Artifacts

The State Department’s Bureau of Educational and Cultural Affairs last week granted immunity from judicial seizure to artifacts on loan from Mexico.  The pieces will be part of a 2012 exhibition called "Children of the Plumed Serpent: The Legacy of Quetzalcoatl in Ancient Mexico," which will take place at the Los Angeles County Museum of Art in California and at the Dallas Museum of Art in Texas.

Under the federal statute known as Immunity from Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display (22 USC § 2459), foreign lenders are encouraged by Congress to lend cultural objects to museums without risk that those objects will become targets of litigation while on American soil.  The statute protects imported objects determined to be (1) of cultural significance, (2) intended for temporary, nonprofit exhibition, and (3) in the national interest.

Museums importing objects for temporary display must apply for this legal protection.  The notice of immunity is then published in the Federal Register.

Xochicalco temple of the plumed serpent. Photo: Giovani V; CC.




CONTACT: www.culturalheritagelawyer.com

Court Orders Odyssey Marine to Return Black Swan Treasure to Spain

A Spanish galleon.
The U.S. Eleventh Circuit Court of Appeals has denied Odyssey Marine’s motion to stay a decision ordering the commercial salvor to return coins and objects to Spain.  The so-called treasures of the "Black Swan" (the Nuestra Senora de las Mercedes) were taken from the sunken 19th century Spanish galleon, discovered by Odyssey in 2007 “lying at a depth of approximately 1100 meters, beyond the territorial waters or contiguous zone of any sovereign nation approximately 100 miles west of the Straits of Gibraltar,” according to court records.

The case has persisted since April 9, 2007.  That is when Odyssey Marine filed a complaint in federal district court in Tampa, Florida under admiralty and maritime law (known as an admiralty in rem action).  The salvor argued that it should either own the shipwrecked vessel under the law of finds (a type of “finders keepers” claim) or it should be entitled to “a liberal salvage award” from the vessel under the law of salvage.  Odyssey lost the case, and the case now captioned as Odyssey Marine Exploration v. Kingdom of Spain et al. continues.

Last September, the federal circuit court of appeals upheld the lower district court’s decision that ordered Odyssey “to release the recovered res [i.e. the shipwreck materials] to the custody of Spain.”  Odyssey hoped to stay this decision as it appealed the case to the U.S. Supreme Court.  The company argued in its December 2, 2011 petition to the circuit court that once it delivered materials to Spain the objects would not be returned to Odyssey if the salvor ultimately won the case in the highest court in the land.  That is because it is "Spain's position that it is not subject to the jurisdiction of the U.S. Courts ....," according to the motion.  Odyssey also cited its belief that there are seven legal errors that remain to be challenged in the case.  The appellate court was unpersuaded, writing by hand the word “denied” on its final order issued Tuesday.

At stake for Odyssey is a haul reportedly worth $500 million.  For Spain, “[t]his sentence gives Spaniards back what was already theirs,” according to culture minister José Ignacio Wert who was quoted in The Daily Mail.

Hat tip to Gary Nurkin for forwarding The Daily Mail story.

Cities Fit for Cycling and Eilidh Cairns Memorial with 'SeeMe, SaveMe' launch

Thursday's Times front page - "Save our cyclists&qu... on Twitpic

The tragic devastating injuries sustained by the Times journalist, Mary Bowers, last November has at last got a major national newspaper interested in this important topic.  It is such a pity that a tragedy of these dimensions is required so close to home before editors focus on what has long been a pressing issue.  Too late for Mary Bowers, and for countless others, but nonetheless the Times's campaign has to be warmly welcomed as long overdue.

It is in the nature of things that The Times has launched its own campaign, but it must not be forgotten that others have been campaigning hard for years with insufficient coverage in the national press.  Chief amongst these is Kate Cairns, whose sister Eilidh was crushed under the wheels of a lorry at Notting Hill in February 2009.  Readers of this blog will know that Kate has been campaigning hard in Westminster and Europe for the mandatory fitting of proper protective equipment to lorries and for the proper investigation of the deaths of cyclists on the road.

The three year anniversary of Eilidh's death is being marked by a ride at Notting Hill at 2pm this Sunday 5th February and by the launch of the 'See Me, Save Me' website.  Be there if you can.

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