Federal Court rules against Odyssey Marine

As other news outlets and cultural heritage blogs have reported, Odyssey Marine Exploration was denied salvor-in-possession rights over the wreck site of the Nuestra Senora de las Mercedes by a Federal District Court in Tampa, FL. Judge Steven Merryday wrote that "ineffable truth of this case is that the Mercedes is a naval vessel of Spain and that the wreck of this naval vessel, the vessel's cargo, and any human remains are the natural and legal patrimony of Spain," but directed that the return of the recovered artifacts to Spain be stayed until the completion of the appeals process. Odyssey CEO Greg Stemm plans to take the case to the Court of Appeals, where he says the case would have gone regardless of the District Court ruling and where he believes the law will be more favorable to the salvors' interests.

As Derek Fincham of Illicit Cultural Property writes, the Mercedes' value extends beyond the commercial value of its cargo - the ship, and its destruction and sinking by the British Royal Navy in 1804, played an important role in the formation of the alliance between Napoleonic France and Spain, and in Spain's declaration of war against Great Britain. The Mercedes history suggests that, while it may technically be the "natural and legal patrimony of Spain," it is also a cultural heritage site tied to an event that carried implications not only for Spain, but for the European continent and the rest of the world. More than national patrimony, the Mercedes and any artifacts recovered from her are pieces of international cultural heritage.

This ruling against Odyssey Marine throws into relief the questionability of their "deep-ocean shipwreck exploration" operations. Whether or not museums hosting, or considering hosting, Odyssey's SHIPWRECK! Pirates & Treasure will consider this ruling while making decisions on cooperation with the company remains to be seen.

$500 Million in Sunken Treasure Returning to Spain. FOXNews.com, December 23, 2009.

Richard Mullins, Sunken treasure case headed to federal appeals court. Tampa Tribune, December 23, 2009.

James Thorner, Odyssey Marine's treasure tangle with Spain moves to appeals court. St. Petersburg Times, December 24, 2009.

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