Odyssey provides additional update on "Black Swan" case
- On 05/06/2009
- In Illegal Recoveries
Since the announcement of the Magistrate’s recommendation in the “Black Swan” case, intense international media coverage has led to many questions that Odyssey Marine Exploration, Inc. would like to address.
What was this recent court filing by the Magistrate ?
This was not a ruling in the case. The recent filing was a recommendation by U.S. Federal Court Magistrate Mark A. Pizzo that Spain’s Motion to Dismiss the “Black Swan” case be granted. The recommendation which was filed June 3, 2009, opines that the Court lacks jurisdiction to hear the case. Odyssey and any other interested parties may file written objections to the recommendation before any ruling is issued, and Odyssey intends to file an objection.
How do you feel about the recommendation ?
While we respect the Magistrate’s experience, judges are not infallible, as evidenced by the multitude of verdicts that are overturned each year in appellate court.
We believe key pieces of evidence were ignored or discounted that show the Mercedes WAS clearly on a commercial mission when she sank and that the majority of cargo (coins) aboard the ship was owned by PRIVATE individuals, not the government.
“Returning” the coins to the Spanish Government when they never owned them defies logic and reason. We also disagree with the Magistrate’s apparent assumption that a vessel was found at the site. Furthermore, the Magistrate accepted facts as presented by Spain without giving Odyssey an opportunity to cross examine witnesses at a trial.