Subscribe to RSS FeedLosers weepers, finders keepers. That's the adage we all know, right? Well, the Kingdom of Spain lost a ship of silver and gold coins to British gunboats back around 1804. A few years ago, an industrious treasure hunter found the lost wreck, recovered a lot of the booty and then ended up in a tussle with the Spanish government.
So the case is pending in the federal court in Florida where the Kingdom of Spain argues that the United States courts have no jurisdiction under the Foreign Sovereign Immunities Act. The issue is briefed and then referred by the district judge to the magistrate judge for a recommendation. What's the magistrate do . . . decides Spain is right and recommends the case be dismissed.
I read the decision. It's well written and if it captures the presentations correctly, then the salvor may not have had much of an argument. The gist of the Court's decision is that Spain never gave up its ownership rights to the sunken warship, and that it possesses a sovereign interest in preserving the wreck and its contents.
Why was the case pending in Florida, you ask? The salvor brought some of the booty into the jurisdiction of the Middle District of Florida (Tampa area) and commenced an in rem action. Under the law of finds, the Salvor sought possessory rights and ownership over what it had recovered as well as the wreck's remains.
It's an interesting case and if you want to read the full decision, let me know. I'll keep an eye on the docket and report back on whether the district judge adopts the magistrate's recommendation. (FYI, I'm voting it's adopted hook, line and sinker.)
Underway and making way.
--- JKF
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