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Art Law Keyed to Gerstenblith, 4th Ed.
United States v. An Antique Platter of Gold known as a Gold Phiale Mesomphalos C. 400 B.C.
Citation:
184 F.3d 131 (1999)Facts
Michael Steinhardt, an art collector, purchased a Gold Phiale Mesomphalos dating from 400 B.C. for approximately $1.2 million through art dealer Robert Haber in December 1991. The Phiale originated in Sicily and had been possessed by Vincenzo Pappalardo, who traded it to Vincenzo Cammarata in 1980, who then sold it to William Veres of Stedron, a Zurich art dealership, in 1991. Haber traveled to Sicily to examine the piece and negotiated its purchase on Steinhardt’s behalf. The Terms of Sale included a provision for full compensation if the object was confiscated and originally referenced a letter from Dr. Giacomo Manganaro guaranteeing Swiss origin, though Manganaro had actually examined the piece in Sicily in 1980. When Haber imported the Phiale through JFK Airport, customs forms listed Switzerland as the country of origin and valued the piece at only $250,000. The Italian government submitted a Letters Rogatory Request in 1995 seeking the Phiale’s return under Article 44 of Italy’s 1939 patrimony law, which presumes state ownership of archaeological items unless private ownership prior to 1902 can be demonstrated. The Phiale was seized in November 1995, and the United States filed a civil forfeiture action.
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