Odyssey Marine Exploration, Inc. today filed its Reply to Spain’s Response in the “Black Swan” case, currently pending in the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia. This is expected to be the last round of written pleadings at the appellate court level. Odyssey’s filing is available for review at http://www.shipwreck.net/blackswanlegal.php

Odyssey is appealing the district court’s dismissal of the case based on the court’s finding of lack of federal jurisdiction. Odyssey’s Reply presents the following documented facts that debunk the misrepresentations made by Spain that contributed to the clear error in the district court’s earlier ruling and that have been repeated in Spain’s appellate Response:

• there was no vessel and there were no human remains located at the “Black Swan” site
• Odyssey acted legally and appropriately in the recovery of the “Black Swan” artifacts
• evidence, including accounts from Spain’s “experts” and Spain’s own contemporaneous diplomatic communications, prove that the Mercedes (the vessel Spain associates with the site) was on a commercial mission on her final voyage — a fact that legally voids Spain’s claim of immunity under settled international law and conventions
• a distinction between cargo and vessel is allowed and even required by settled admiralty law; and — according to the manifest of the Mercedes, the vast majority of cargo on board did not even belong to Spain — even Spain concedes the cargo was “articles of Spanish citizens.”

“The emotional and inflammatory language used in Spain’s appellate response serves to distract from the truth and the relevant legal issues. The story Spain tells mirrors the one it told at the district level, where the court made clearly erroneous factual findings,” said Melinda MacConnel, Odyssey Vice President and General Counsel.

“Spain’s filing has painted a negative portrait of Odyssey, but the company has always acted in full compliance with the letter and spirit of the law. We brought the artifacts to the U.S. courts for proper adjudication of claims, but we didn’t even receive a hearing on the jurisdictional facts. If the court did not have jurisdiction, it would have no legal authority to order transfer of the property to Spain, who did not have possession of the coins. (more…)

The American Numismatic Association urges its members to contact their members of Congress and ask to repeal a law that could significantly increase the paperwork burden on dealers and increase the risk of identity theft for all collectors who buy and sell numismatic material.

Under Section 9006 of the Patient Protection and Affordable Care Act, commonly known as health care reform legislation, businesses will be required to report all goods and services purchased in excess of $600 with an IRS 1099 form. As written, the law would, beginning in 2012, require all coin dealers to report on IRS form 1099 all goods and services (totaled across a taxable year) they purchase from other dealers and customers in excess of $600.

While the legislation applies to all types of businesses, an unusual burden would be placed on numismatic dealers who, unlike most businesses, buy goods and services from each other and their retail clients. In addition, dealers will be required to gather personal information on all clients who sell them goods or services in excess of $600, including name, address and social security number.

“All dealers will be disproportionately and unfairly impacted by this legislation,” said ANA Executive Director Larry Shepherd. “As a former dealer, I can see how a small-to-medium-sized dealer could easily be required to submit 1,000 or more 1099s in a typical year, at very significant cost. In addition, all collectors would be forced to give out personal information that could increase the possibility of identity theft. This section of the healthcare reform bill is a nightmare for everyone in this hobby. We need to make sure that our voices are heard.”

Shepherd cautioned that the numismatic community should understand that this is not a new tax, but rather a method by which the IRS can collect more information in hopes that more taxpayers will report taxable income. The assumption is that the new regulation would generate about $17 billion over 10 years, increasing tax revenue to cover some of the costs of health care reform.

Already, Rep. Dan Lungren (R-CA) has introduced HR 5141 to repeal this part of the health care reform act, and Sen. Mike Johanns (R-NE) has introduced a companion bill in the Senate, S. 3578. Both bills are titled “The Small Business Paperwork Mandate Elimination Act,” and will likely need more co-sponsors in the House of Representatives and Senate.

“The ANA urges everyone who loves this hobby to contact your representatives and urge them to sign on to HR 5141 and to contact both your senators and urge them to sign on to S. 3578,” Shepherd said.

The ANA has posted sample letters from dealers or collectors below and on its website at www.money.org.

For contact information on your members of Congress, go to www.house.gov or www.senate.gov. Anyone without a computer should contact the local office of your representative or senator, or call the U.S. Capitol at 202-224-3121. (more…)

A unique six-note uncut sheet of $5 New Jersey National Currency notes stolen two years ago was returned to its grateful owner at the Long Beach Coin, Stamp & Collectibles Expo during dealer set up on June 2, 2010. The sheet was taken in an October 2008 burglary from the offices of dealer Kevin Lipton of Beverly Hills, California, and is the only item recovered so far.

“It’s the only thing stolen from my office that I ever cared anything about,” said Lipton who gratefully gave a $5,000 reward to the part-time dealer who recovered and returned the sheet.

“The notes are from Branchville, New Jersey, and that’s the town where I went to summer camp as a child. I bought the sheet at a Christie’s auction in 1982, and they were framed and displayed in my office for years. The notes are reminiscent of my youth,” explained Lipton.

The sheet is the only known six-note uncut sheet of Series 1929 Type II National Currency $5 notes from The Branchville Bank in Branchville, New Jersey. The notes are consecutively numbered, A000001 through A000006.

It was recovered unframed by Virgel Nickell of Santa Ana, California who describes himself as “a dabbler” in National bank notes. Nickell was at a swap meet in Huntington Beach, California in early May when he was approached by a young man who wanted to sell the notes.

“He wanted $500 for it. I figured it was a common sheet, but my reaction was that it was good buy at $500. But when a friend and I researched it on the Internet we learned it was not only rare, it was not mine,” said Nickell.

“I knew I couldn’t keep it. I had to return this to its owner, so I brought the sheet to Long Beach because I thought Kevin would be there. I wasn’t expecting anything in return. I cried when he gave me money for it. I wasn’t expecting that.”

“I couldn’t believe it when he showed me the notes. They’re the only thing taken that I cared about,” Lipton reiterated.

Long Beach Expo General Chairman Ronald J. Gillio was at Lipton’s table as the notes were being returned.
“Kevin was ecstatic. He was so excited, his face was just beaming,” Gillio said.

Anyone with information regarding the theft or the still missing coins and paper money is urged to contact the Detective Division of the Beverly Hills Police Department at (310) 285-2158.