UNITED STATES of America, Plaintiff-Appellee,
v.
AN ANTIQUE PLATTER OF GOLD, known as a Gold Phiale Mesomphalos C. 400 B.C., Defendant-in-rem,
Michael H. Steinhardt, Claimant-Appellant,
Republic of Italy, Claimant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: October 14, 1998.
Decided: July 12, 1999.
Attorney(s) appearing for the Case
Frederick P. Schaffer, Schulte Roth & Zabel LLP, New York, New York (Michael S. Feldberg, Thomas R. Fallati, Carl R. Soller, Soller Shayne & Horn, New York, New York, of counsel), for Claimant-Appellant.
Evan T. Barr, Assistant United States Attorney for the Southern District of New York, New York, New York (Mary Jo White, United States Attorney; Gideon A. Schor, Assistant United States Attorney, of counsel), for Plaintiff-Appellee.
Steven Skulnik, Pavia & Harcourt, New York, New York (George M. Pavia, Richard L. Mattiaccio, of counsel), for Claimant-Appellee.
Richard A. Rothman, Weil, Gotshal & Manges LLP, New York, New York (Jonathan Bloom, Richard J. Davis, Josh A. Krevitt, of counsel), for Amici Curiae American Association of Museums, Association of Art Museum Directors, Association of Science Museum Directors, American Association for State and Local History.
Leonard V. Quigley, General Counsel, Archaelogical Institute of America, Boston, Massachusetts (Patty Gerstenblith, DePaul University School of Law, Chicago, Illinois, Gregory A. Clarick, of counsel), for Amici Curiae Archaelogical Institute of America, American Anthropological Association, United States Committee for the International Council on Monuments and Sites, Society for American Archaeology, American Philological Association, and Society for Historical Archaeology.
Before: WINTER, Chief Judge, RESTANI, Judge, and MUKASEY, District Judge.
United States Court of Appeals, Second Circuit.
WINTER, Chief Judge:
Michael H. Steinhardt appeals from Judge Jones's ordering of the forfeiture of a "Phiale," an antique gold platter. The district court held that false statements on the customs entry forms and the Phiale's status as stolen property under Italian law rendered its importation illegal. As such, the Phiale was subject to forfeiture.
Steinhardt contends that: (i) the false statements on the customs...
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