Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

Filing 131

MOTION to dismiss Amended Complaint or for summary judgment by Kingdom of Spain. (Attachments: # 1 Index of Non-Confidential Exhibits, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit C, # 8 Exhibit D-1, # 9 Exhibit D-2, # 10 Exhibit D-3, # 11 Exhibit D-4, # 12 Exhibit D-5, # 13 Exhibit D-6, # 14 Exhibit D-7, # 15 Exhibit F, # 16 Exhibit G, # 17 Exhibit H, # 18 Exhibit I)(Goold, James)

EXHIBIT H

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN ADMIRALTY ODYSSEY MARINE EXPLORATION, INC., Plaintiff, v. THE UNIDENTIFIED SHIPWRECKED VESSEL, if any, its apparel, tackle, appurtenances and cargo located within a five mile radius of the center point coordinates provided to the Court under seal, Defendant, in rem and THE KINGDOM OF SPAIN, Claimant, _______________________________________/ DECLARATION OF CARMEN MARCOS ALONSO 1. I, Carmen Marcos Alonso, am the Head of the Department of Numismatics of the Case No. 8:07-CV-00614-SDM-MAP

National Museum of Archaeology ("National Museum"), located in Madrid, Spain. I am a citizen of Spain and reside in Madrid. The National Museum is an autonomous entity ascribed to the Spanish Ministry of Culture. 2. This declaration concerns the coins extracted by Odyssey Marine Exploration, Inc.

("Odyssey") from a site west of Cádiz, which coins constitute part of the property at issue in this

case. I hereby certify that I have personal knowledge of the matters contained in this declaration, and that everything is true and correct to the best of my knowledge. I. 3. My Background and Expertise in Numismatics I am responsible for the National Museum's program of research and studies concerning

the numismatic history of Spain. I am also responsible for maintaining the Museum's extensive collection of Spanish coins; the largest collection of Spanish coins in the world. With approximately 300,000 pieces, the National Museum's department of numismatic history has the largest collection of historical coins in Spain and is one of the most important collections of historical coins in the world. 4. I have been employed by the Department of Numismatics at the National Museum since

1995 and have been Director of the Department since October 2005. My educational background includes a Degree in Prehistory and Archaeology from the Autonomous University of Madrid (1984) and a Diploma for Advanced Studies from the Autonomous University of Madrid (2002). Since 1988, my professional activities and studies have specialized in Numismatics. A copy of my curriculum vitae, which includes by published studies, is attached as Annex 1 to this declaration. 5. The study of historical Spanish coins necessarily requires extensive knowledge of the

coins produced at the Royal Mints of Spanish viceroyalties in the Americas and the post-minting distribution of coinage from the viceroyalties to mainland Spain. Throughout my academic and professional career specializing in Spanish numismatics, I have acquired such knowledge. II. 6. Historical Background During much of the era when Spain had viceroyalties in the Americas, including the late

18th Century and early 19th Century, the finances of the Spanish Monarchy and, thus, of Spain

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were heavily dependent on the coinage produced at Royal Mints in the Americas. During the late 18th Century, the Royal Mint in Lima was particularly important, although the Royal Mints at Potosí and Popayán were also active and important. In the late 18th Century and early 19th Century, these mints belonged to the King of Spain (i.e., to the Spanish government). El Callao, the port of Lima, was commonly used as a port where shipments of coins from the Royal Mints of Spain's South American viceroyalties -- particularly from the Royal Mint of Lima -- were gathered for shipment to mainland Spain. 7. I am generally familiar with the history of the Spanish Navy Frigate Nuestra Señora de

las Mercedes ("Mercedes"). I am aware that in 1802 the Mercedes was ordered to travel to El Callao to get coins for their safe transport back to mainland Spain. I am also aware that the Mercedes departed El Callao in late March 1804, made a stop at the port of Montevideo, and continued its voyage back to mainland Spain in August 1804. I am aware that on 5 October 1804, as she neared the Iberic Peninsula, the Mercedes exploded and sank in the Battle of Cape Saint Mary, south of Portugal and west of Cádiz, Spain. I am aware that the Mercedes had over 900,000 pesos mostly in silver coins on board when it sank, among other valuables. III. 8. The Coins Extracted by Odyssey and Their Correspondence with the Coins on Board the Mercedes When the Warship Sank I have examined the "Artifact Summary" that Odyssey disclosed to mainland Spain,

particularly the information provided as an "Inventory of Coins from the `Black Swan' Site" (Annex 2). I have also examined a list prepared by Odyssey of gold and silver coins which includes the dates, origins, and denominations of these coins. On 14-15 April 2008, I participated in an inspection of coins at the storage facility where these coins have been placed. During this inspection, I examined 212 gold coins that were represented by Odyssey to be all of

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the gold coins they had taken from the site. 1 I also examined 406 silver coins as a sample of the silver coins that Odyssey represented were in suitable condition for handling and examination. The silver coins I examined were all "reales de a ocho," the largest size silver coin commonly minted in the Americas. The "real de a ocho" coin -- sometimes referred to in English as a "piece of eight" -- was also known as a "peso fuerte" (or "hard peso") or "plata doble" (or "double silver") at the time of the Mercedes. 9. My examination of the coins, of the information provided by Odyssey in its "Artifact

Summary," and of the historical documents about the Mercedes lead me to conclude with confidence that the coins Odyssey retrieved from the site were taken from the Mercedes. 10. According to the narrative in the "Inventory of Coins" statement in the "Artifact

Summary" prepared by Odyssey, the coins evaluated for the "Inventory" consist almost entirely of coins produced after 1772 in "South American Spanish Crown Colonies" (Annex 2, p. 6). Only two of the coins are described as "cob" (i.e., handmade) coins dated 1772. It is also reported that the "plurality" of these coins are from the Royal Mint in Lima and that the Royal Mint at Potosí is also "well represented." It is further reported that the "heaviest concentration" of the dates of the coins is "from the early 1790's to the early 1800's." Most notably, the "Artifact Summary" also states that the dates for the coins "range from 1773 to 1804 . . . ." 11. This information conforms to the historical information about the Mercedes and the coins

that vessel carried during its final voyage in 1804. At the time of the Mercedes, coins from the Royal Mints in Lima and Potosí were commonly shipped from El Callao, where the Mercedes was ordered to go get Spanish coins for their transport to mainland Spain (Annex 3 (Grandallana
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At the time of my inspection, Odyssey represented that there were 211 gold coins, but I reviewed 212 gold coins. I believe Odyssey's numbers may have been mistaken.

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order). That the "plurality" of the coins retrieved by Odyssey came from the Royal Mint of Lima, with a good representation of coins from the Royal Mint of Potosí, indicates that the coins were loaded in El Callao. 12. Importantly, the dates on the coins range from the late 18th century to 1804. The

Mercedes left El Callao on 31 March 1804 and left Montevideo for Cádiz in August 1804. The Mercedes's departure from El Callao in late March 1804 made it possible to load coins minted in early 1804 on board the warship. Thus, the "Artifact Summary" prepared by Odyssey points clearly to the Mercedes as the source of the coins. 13. The results of my examination of coins on 14-15 April 2008 at the storage facility where

these coins have been placed reinforce the conclusion that the coins were taken from the Mercedes. I examined 406 silver coins that I selected at random from different boxes at Odyssey's storage site. A table describing the coins I examined -- with their dates, denominations, and mints of origin -- is attached as Annex 4. 14. All of the silver coins I examined were "reales de a ocho," the predominant Spanish

denomination at the time of the Mercedes. The Royal Mints represented are those of Lima and Potosí, but a great majority (about 9