Justice requires Odyssey to return the treasure to Spain

A large notice in against marauding pirates XXI century,Justice operates in USA :thumbsup2:

Justice requires Odyssey to return the treasure to Spain
The U.S. Supreme Court has rejected the allegations of the company must deliver the loot

EP / MADRID U.S. Justice has ruled on Tuesday in favor of Spain in the so-called 'case Odyssey' and, consequently, the company must return the treasure hunters treasure frigate Nuestra Señora de las Mercedes' to our country, as Europa Press reported to the Ministry of Culture.

In a decision against which no appeal lies, the U.S. Supreme Court on Tuesday rejected allegations made by Odyssey Marine Exploration to the decision of the Court of Appeals in Atlanta last November to order the return of the treasure Spain.

After learning this decision, the Ministry of Culture expressed his "satisfaction" with this ruling, which marks the return to Spain of a collection of 500,000 coins found in 2007 in the frigate Nuestra Señora de las Mercedes'.

The return of the treasure of 14 tons of silver and gold must be made effective within ten days from the Department led by José Ignacio Wert is currently studying the most appropriate procedure for this. The treasure remains guarded in Florida and from the Spanish government is committed to a transfer method to ensure their preservation in the best conditions of safety.

The decision of the United States Supreme Court, against which no appeal, dismissed the allegations of Odyssey considering that the Spanish frigate is a ship of state and not a merchant ship. The treasure-hunting company purported to show that the vessel was on a military mission at the time of its collapse and, thus, sovereign immunity is lost and the ship allowed to belong to the country of origin.

In August 2007, Odyssey filed its first allegations against the decision of the trial judge, Mark Pizzo, which had ruled in favor of Spain to claim the treasure worth about $ 500 million and found in the Atlantic in May 2007.

Find in international waters

On May 18, 2007, Odyssey announced it had found and carried a cargo of coins to the United States. This American company named to the operation and the wreck found with the name 'Black Swan'.

Since then, the Spanish government opened an investigation to find out where the company found the loot, what wreck belonged to what permissions had to do it and if found in Spanish waters.

Months later, and to justify their claims, a joint team of the Ministry of Culture, the Navy, the National Archaeological Museum, the Royal Academy of History and other institutions rebuilt the entire history of the ship "La Mercedes', showing that this, and not another wreck was plundered by Odyssey.

The documentation showed that 'The Mercedes' was on active duty with the mission to protect the Spanish state and its citizens throughout its history, and also when it exploded and sank in combat. Also, material presented no evidence that Odyssey was fully aware of it, and it is precisely this that explains the secrecy with which he acted and his claims of not knowing the identity of the wreck.

Definitive evidence

The documentation included extensive photographic and other evidence showing that the wreck can only be 'The Mercedes'. Cannons, anchors, weapons, personal effects and a wide variety of other materials, including the coins taken from the ship, the wreck allowed definitive identification.

In its brief, Spain invoked legal principles, including the right of a nation to protect their sites and their historical heritage (including shipwrecks) of any type of disturbance and looting by treasure hunters.

They also claim that 'The Mercedes' protected by the same principles of sovereign immunity that apply to state ships of all nations, which prohibit the unauthorized disturbance or commercial exploitation of them. elfaro Vigo. es

sdeisen We are poor but honest we are not robbing the homes of others and less on the graves of their dead ancestors, do not worry we will use your Kayak to bring the stolen treasure

After 5 years of litigation and resources in USA, your honor's court in Tampa USA has
done justice arrived in Spain the treasure stolen by hackers who call themselves
archaeologists, treasure hunters are only about piratones.
You have to stake the great performance of these two people who selflessly fought for
which he would return the treasure Admiral Gonzalo R. Gonzalez Aller and lawyer Jose Maria
Lancho

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The Treasure of the Mercedes arrives in Spain and closes a five-year long dispute
The shipment, with more than 500,000 pieces of gold and silver has been deposited
provisionally in the former headquarters of the Ministry of Culture

MADRID EFE
On a flight marked by storms and transported in a cargo of 21 tons, the
Treasure of the frigate "Our Lady of Mercy" arrived yesterday in Spain and has been
provisionally placed in the headquarters of the Ministry of Culture, in the center of
Madrid.
At 13:50 hours, and before a large media attention, with over 60 media
accredited communications, landed at the airbase of Torrejon de Ardoz the two planes
Hercules carrying valuable cargo, and had taken off on Friday
MacDill base in Tampa (Florida, USA), about six pm, Spanish time.
A quiet, the commander of the Air Force Michael Tobias Angel Martinez, General
Civil Guard Jose Cuasante and the head of the air base at Torrejon de Ardoz, General
Yague, starred in this new episode of the exciting story of the treasure of the
Mercedes, sunk in 1804 off the coast of the Algarve (Portugal) for a British attack.
There is now a new phase of this process that began in 2007 when the Spanish State
began a legal battle to recover the cargo of the frigate, which extracted the background
treasure hunters Odyssey Marine Company.
The material has come to Spain is composed of more than 500,000 gold coins (the least) and
silver, and some fabrics, metal fragments and cannon balls, carefully
packed in containers by the Spanish technicians moved to Tampa, which introduced
preservative fluid in each of them, why increased weight to be transported.
Commander Miguel Angel Martinez Tobias specified that the cargo, distributed among the
two aircraft pallets in four and three, respectively, weighed 47,000 pounds (21,338
kg).
The weather was "the worst factor" of course because of storms typical of the period,
said the commander, who recognized the special "love" with which he faced this mission
for its meaning: "Retrieve the heritage of Spain."
In the Hercules moved four crews (more than twenty people) and also the
Spain's attorney in this case, James Goold.
Tobias Martinez, who appreciated their help in this mission to the Air Force
U.S., presented the "cargo manifest" (which proves the transported data
from Tampa) to the Civil Guard, which took over the movement and safety
cargo.
At the base of Torrejón de Ardoz was also the Director of Fine Arts and
Cultural Property, Archives and Libraries, Jesus Prieto, representative of the department
ministry now has the task to analyze, catalog and various measures of
conservation of objects that make up the treasure.
The fate of the treasure, "safe" as explained in Torrejón General Jose Cuasante,
judicial police chief of the Guardia Civil, proved, after several hours of
secrecy, the headquarters of the former Ministry of Culture and current Secretary of State for this
department at King's Square, in downtown Madrid.
Until she reached the trucks moved the treasure of the Mercedes, amid
tight security, escorted by members of the Guardia Civil and police
Municipal, who blocked traffic on the streets near the headquarters of Culture.
The Treasure of the frigate lies and ministerial headquarters, under the legal deposit
court number 3 of La Linea de la Concepción (Cádiz, southern Spain), which is what led to
investigations conducted by the plundering of the wreck.
As recently explained the Spanish Minister of Education, Culture and Sports, José
Ignacio Wert, the Government has yet to consider its final location, though apparently not
have a unique destination and could be distributed among several museums.

Happy ending
The original cargo had sailed from Peru to the early nineteenth century, but never
Spain: a British ship bombarded the Spanish frigate in which he traveled, without prior
declaration of war, when he was already very close to your destination, off the coast
the Portuguese Algarve.
Two centuries later, the U.S. company of underwater exploration found the treasure,
the largest ever found underwater, over a thousand meters deep, extracted from the sea and
took him to the U.S., via Gibraltar.
It was in May 2007 when the company announced Odyssey had found in waters
half a million international silver and gold, but without providing the location
exact ship and its nationality.
Then began a long dispute between the U.S. company and the Spanish authorities
that has lasted five years and has involved numerous courts.
On day 17 a judge in Tampa zanjaba definitely legal battle and ordered
will execute the judgment of the Court of Appeals stating that the treasure
the Mercedes, valued at over $ 500 million, belongs to Spain, and that this
country could therefore take it to its territory. A happy ending, but there are still some
issues to resolve. Among them, some pieces of the treasure that Odyssey deposited
Gibraltar and are waiting to be returned to Spain and on the other hand, the resource
submitted by the Government of Peru, who says the shipment was of
Peru. "The Peruvian government says it has right prevailing over the load, however
recognizes that the carrying vessel is Spanish, "Peruvian sources said.

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Not randomly find six very different stories, six Spanish citizens as
different from a distinguished historian and Duke to a tough green, from a lawyer
an admiral or a young archaeologist. What unites them? This from a civic standpoint, the
six have given height.

The return of the coins of the Odyssey is a success if they represent the collective good.
Certainly highlights the role of the UCO Civil Guard, with Antonio Cortes, and the
Maritime Service. In addition to the sustained effort of the Government to take long to coordinate.
And the American lawyer, as expensive as effective.

Let us be clear: without these six people would have been equal victory, may not have
arrived. All have lived quieter without being involved in this matter. And far less
nice, all have paid a price. Even have felt contempt for his work from the
Administration. At this time much needed positive examples, forget their generous
contribution to the case would be unforgivable.

Have felt contempt for his work from the Administration
This has been the battle in Tampa: Spain's arguments against the barrage of
treasure hunters, who had in his hand all the evidence and lied. The only truths
Spanish, found in the archives were like cannonballs. Hugh O'Donnell, historian
and military, Duke of Tetuan and Count of Lucena, authority in the campaign of Trafalgar, has the
honor of being placed in the hands of the lawyer James Goold the most lethal ammunition against Odyssey.

He was commissioned to the Royal Academy of History, to which he belongs, to investigate the
case and immersed in your. "We all knew that many coins in that area only
down with the Mercedes. But we had no proof. And we should find among the court
remains something undeniable, something like the ID of the frigate. Others sought records that
later showed that it was a ship of state. But these things were not going to show that
Black Swan was the Mercedes. "

After several months of work, in May 2008, O'Donnell published an article in press
explaining that the frigate carrying two unique artillery pieces, the seventeenth century,
"Excluded bronze culverin", which if found would identify the wreck. Or Culture
nor Defense had asked nothing, but a few days received a call from the
deputy director general of Heritage. A call tense, fractious. Why? "For my
article pointed out the lack of care of the assets of the dormant authorities
Spanish '. Who called him said he "had orders to ask you to attend" the lawyer Goold.
A few days later, O'Donnell welcomed him home and did what he always referred to as
with some banter "couch scene".

We knew that many coins just went down with the Mercedes
Because Jim Goold and Jose Arvelo, the firm Covington & Burling, sat on the blue sofa
Hugo the mighty hall and reported that O'Donnell had asked the judge a movie
the site taken by Odyssey and there were guns. "They read my
article and came quickly, showed me the photos and there it was, partially buried, one of
the culverins. There was no doubt. " The historian explained that it was the closest to the ID of
the frigate they could find, because they never appear a bell with the name of
ship, but this was almost irrefutable. "Then Jim gave as an attack: it became
knees and cried with clasped hands: "We found it! We found it! "And that was the
sofa scene, "O'Donnell rivets.

The joy was logical, between the proven facts of the case include that the wreck was
Mercedes. The judge agreed with an emphatic "I agree". The historian has provided much more
documentation, impossible to recount here, even one that was never used, bullets that
attorney maintained in the chamber.

Separate chapter, Odyssey hired two reputed scholars to damage the prestige of
O'Donnell: Rodney Carlisle and William Flayhart. The battle was total, against his books and
conclusions. That and other troubles, in addition to the effort, have not been grateful. Therefore,
concludes: "I aspire to personal recognition."

Much of the documentation showed that the Mercedes was a ship of state was
found by the Navy in its files. Admiral Teodoro de Leste commissioned the rumpus
archive, which ended his successor in the direction of the Naval Museum, Gonzalo Rodriguez
Gonzalez-Aller. From the archives of the Navy demonstrated that the flotilla departed for
commissioned by Charles IV, and gave the court the letter of Godoy and countless documents
from the description of the cargo and crew to the stories of survivors. By
Thus, the summary of Tampa is also a history book. But Gonzalez-Aller not limited to
the. Moved contacts with the Navy at all levels creating a network of
mutual interest: "There is equity ignored by Odyssey and they are the tombs of
our heroes ", said Admiral.

His role in this story has a lot more future than past. He lived with patience
birth of a national plan of Cesar Antonio Molina, Minister more motivated in
Heritage defense submerged, and the challenge to the Andalucian authorities to
collaboration with the Navy. He managed to overcome the problems and convince almost everyone that
Navy must play an important role in this story ("a wreck is archeology but also
military history, "says). Even so, archaeologists of Culture and the Autonomous left
Navy out of its plans, defined in a 'Green Paper'.

Spain had already paid compensation to the descendants
But Odyssey also had aces up its sleeve. He endeavored to show that the Mercedes was
and private wealth was actually a merchant. In fact met the descendants of the
affected by the wreck in a parallel demand whose lawyer was David Paul Horan, the
"Brain" of the legal industry since time treasure hunter Mel Fisher, who planned to open
and a new vein of future business. But you got away with it thanks to the efforts of
a simple Spanish lawyer, Jose Maria Lancho, that did not stop until we find the evidence
that Spain had already paid compensation to the descendants. Did not ask anyone, but the
surrendered to authorities. The treasure hunter not a good fit when Goold came out with the
documentation, assumed by the court in its judgment, has closed its access to ships
State acting on behalf of heirs of the shipwrecks. Lancho has become a
of legal sources for underwater heritage and represents the court's
Malaga line archaeologists Nerea company, popular accusation against
Odyssey alleged depredations. Still, no effort has been publicly recognized until
today, not their advice. On the contrary, history repeats itself, it seems that society
civil annoying.

Tell that to Javier Noriega, an archaeologist at 38, she founded example of an entrepreneur
Elisabeth (spin-off of the University of Malaga) that has received the 2009 European seal
social responsibility. Technology and archeology 100 by 100 Spanish, and an awareness
civic test that helped much public scorn in the case. In 2002 a British colleague,
George Lambrick, had reported contracts with Odyssey London to Unesco and
predicted to end up in plundering. Javier takes over and begins to report from
2003 cazatesoros the presence of Spain. Reports made for Culture, collaborated with
Civil Guard, and when tired of the apparent impunity in person decided Odyssey
the trial of La Linea, which has cost enough money and aggravation. It was demonstrated that
Lambrick was right and therefore want to investigate what else happened between 2001 and 2007,
what we who were in our waters. And break a lance for the participation of
Spanish companies in the emerging cultural industry plan that would enable
ambitious underwater heritage. Cree so in the future who chairs the Association of Young
Employers of Malaga.

There's more. Antonio Munoz is an ecologist Algeciras 53 years working in the Hospital
Punta Europa, in maintenance. Bring since 2002 shipping issues (one hundred thousand
ships per year) in the Strait for Ecologists in Action / Verdemar. He also brought
Odyssey Case consciousness. From home using binoculars and, along with Lorenzo Sarmiento,
the then pioneering satellite AIS system to track ships. Soon he was struck
one that was "strange things": the "Odyssey Explorer." It was 2003, the fishermen will be notified of
that "machines down to the water in the Alboran Sea." The ship operated in the middle of the routes and
Muñoz therefore begins to put complaints in Development. Does not stop there. Provides data
Culture and the Civil Guard. One day an agent asked, "What do you paint in this
history? "never forget his answer:" I am a citizen and angers me what's going on
without anybody doing anything. " He put one of the first complaints against Odyssey in La Linea.
"I have suffered much, confesses to ABC-I believed when we said that they took coins. A
day I went to Magdalena Alvarez Algeciras to tell. And I looked ...-silence-as
I was a madman who had no right even to approach. " After the scandal, "the Board wanted
sign up somewhat. Culture And knew what was happening. " That's not all: "I felt
watched, pursued. They stopped allowing access to Gibraltar, to me, the humble
ecologist who gave them a sack ... I was down in the bag! ".

He sailed on his boat for recreation, hunting boats Odyssey
And since 1998, in the beginning, is Lorenzo Sarmiento, Pipe for friends. Without it
would be blind. For years he sailed on his boat for recreation, hunting vessels
Odyssey with his wife, Magdalena, taking pictures and videos of the adventures of the
treasure hunters. The best images that exist in the Strait of them are yours and have given
around the world. He got national media report what was happening, since
Santiago Mata told off the plane with the coins. Something that bothered many
offices, more concerned about how politicians out in the photo. "Six Years of Solitude
terrible, no one paid attention, we were scared to death, and the Civil Guard warned us that
we arrimásemos both the ship, but I'm curious: what were they doing? "asks
maritimista this lawyer with 35 years of occupation and skipper since 1981.

"I am a lawyer, anyone think I am dedicated to pursuing ships-laughs. The sailboat is my
hobby. " Despite the fear, "has been a pleasure and I am satisfied. The important thing is the future,
know that will never happen again. " It has also suffered: "We were upset, I felt my
tapped phone. "

I hope the authorities are sensitive to these men who, without obligation, put
relevant data held by the state that have made possible this great victory.

The six heroes
Hugh O'Donnell
And military historian, 63
Author of a reference book, "The campaign of Trafalgar" (Sphere), submitted documents
vital to winning the case. He was responsible for the judge accepted that the wreck was the "Mercedes"
Antonio Muñoz
Ecologist, 53
It brought awareness, was the first to monitor and report the activities of Odyssey
Administration. We made life difficult.
Pipe Sarmiento
Maritimista Advocate, 59
The first and most have persiguido Odyssey, from his boat for 6 years. Their
photographs and videos have documented the spoils. He managed to skip the scandal to the press
national
Jose Maria Lancho
Lawyer, 42 years
Trial lawyer specializing in underwater heritage. Hispalinux president. Provided
evidence that no heir could claim the coins
Gonzalo R. Gonzalez-Aller
Admiral of the Navy, 65
Director of the Naval Museum and the Archives of the Navy, who provided vital documentation
the case. His vision of defense Submerged Heritage includes civil society and
Armada

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No compañero, era territorio Español legitimo, ya eso se tuvo en cuenta en el juicio.