Odyssey Marine Exploration, Inc. has received notification from the U.S. District Judge that he has adopted the Magistrate’s Report and Recommendation in the “Black Swan” case in favor of Spain.

Although the Judge complimented Magistrate Pizzo’s Report and Recommendation, he also made it clear that he felt a separate opinion by him would “add only length and neither depth nor clarity (and certainly not finality) to this dispute.” The Judge also stayed the order vacating the arrest warrant and the return of the recovered coins to Spain until the U.S. Court of Appeals for the Eleventh Circuit rules in the case, which serves to keep the coins in Odyssey’s possession pending the outcome of the case.

“Judge Merryday’s ruling serves to move this case to the appellate court faster, where we feel confident that the legal issues are clearly in our favor. The ruling yesterday does not affect the current operations of Odyssey, and we have not been counting on any revenue from the “Black Swan” in any of our budgets since it was clear that this case would go to appeal no matter which way the judge ruled,” said Greg Stemm, Odyssey CEO.

“We are moving ahead with our other current projects – and it is important for people to understand that the vast majority of our shipwreck projects don’t have the same potential legal issues that have surfaced in the “Black Swan” case. Our focus for 2010 is on projects that are either under specific permits with governments or commercial vessels.”

“We take heart from cases like the shipwreck of the Atocha, which seemed lost at the district court level but was won during the appeals process, granting the salvor the majority of the coins and artifacts from that shipwreck. The Central America shipwreck case was also reversed on appeal and the salvor’s position in the case of the RMS Titanic was substantially vindicated by the Fourth Circuit court of appeals in 2006, so the three most famous shipwreck cases to date were reversed on appeal. I believe that this shows that it is not unusual for district courts to miss key legal principles in shipwreck cases because of their complex admiralty issues. ” (more…)

Heritage Wold Coin Auctions will be offering perhaps the most interesting and desired South American coin, the unique 50 Francos gold piece, which was unknown for almost a century until it was discovered by Robert Friedberg in the 1950’s.

It is likely that Friedberg discovered this piece amongst the Virgil Brand collection he acquired around this time. It first appeared in Gimbels (where Friedberg worked) fixed price list in 1956 for US$3500.

In 1962, it was offered in Hans Schulman’s “The Golden Sale of the Century” where it was illustrated and sold for US$7500. Finally, it was offered and sold by Christie’s in the “Escudo Sale” of March 1970 and on April 1st of the same year it was authenticated and evaluated by Schulman for $10,000. The certificate as presented to the owner of the coin, Enrique Maulme, accompanies this lot.

An apparent contradiction to the Reales/Escudos denomination of the time, the 50 Francos was actually struck not for internal circulation but for international trade.

Some researchers argue that this piece was struck at the Paris Mint, since it features the “A” mint mark, but it is our opinion that it was actually struck in Ecuador mainly due to the crudeness of the design and overall engraving quality.

Important South American numismatist Carlos Jara also argues that this piece was probably part of a small circulation issue coin while Friedberg and Krause both list it as a pattern piece.

It is unquestionable though that this piece is one of the most charismatic and intriguing coins of South America if not the world. Estimate: $400,000 – $500,000.

Russian, Annam and Argentine Sun Face Coinage Loom Large Among Highlights

Ponterio & Associates, Inc., the world and ancients auction division of Bowers and Merena Auctions, will commence its 2010 auction schedule as an Official Auctioneer of the New York International Numismatic Convention (N.Y.I.N.C.).

The auction will be conducted January 8-9, 2010, in New York’s prestigious Waldorf Astoria Hotel. Pre-sale lot viewing will take place in the same location beginning January 6, with additional lot viewing opportunities available at the Bowers and Merena world headquarters in Irvine, California, December 21-31, 2009 (by appointment only; closed December 24-27).

“Our 2010 N.Y.I.N.C. Auction will feature more than 2,300 lots of ancient coins, world coins, paper money, and orders and decorations,” stated Rick Ponterio, executive vice president of Bowers and Merena and founder of Ponterio & Associates. “Leading the way among important consignments is the second installment of the Chester Skotak Collection of Central American Coinage. We sold the first part of this fabulous collection through our Official November 2009 Baltimore Auction, and we anticipate equally impressive results when the second portion of Mr. Skotak’s holdings comes up for auction at the N.Y.I.N.C. We also have significant consignments of Russian and Annamese coinage, as well as a noteworthy array of Argentine Sun Face Coinage.”

Continued Ponterio: “One of the most prominent coins in our upcoming N.Y.I.N.C. Auction is a 1902 Russian 37 ½ Rubles—the Prize of Russian Numismatics. Attributed alternately as Fr-170, Y-B65, Bitkin-309 and Sev-578, this is a very rare type with a mintage of only 225 pieces. A special issue that was used by the Czar for gifts on special occasions, this is the largest Russian gold coin struck in the modern era. We grade the piece attractive AU and are offering it as lot 7389.” (more…)