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

Filing 240

RESPONSE in opposition re 239 MOTION to file amicus brief filed by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Exhibit 1)(Morello, Gianluca)

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August 27, 2009

The Honorable Hillary Rodham Clinton Secretary of State U.S. Department of State 2201 C Street,NW
Washington,DC 20520

The Honorable Eric H. Holder, Jr. Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Ave. NW Washington DC 20528

Dear Secretary Clinton and Attorney General Holder:

We are writing to express our concern regarding the U.S. Government's approach to the Black Swan shipwreck discovery by Odyssey Marine Exploration. Inc., and the

intervention of the Kingdom of Spain regarding the recovered treasure. We urge the Departments of Justice and State to avoid taking any position in the litigation and allow the judicial process to play itself out.
Reports have indicated that in the spring of 2007, Odyssey discovered a site in
deep water with no actual shipwreck present, but a load of cargo including 590,000

in clumps, bars of tin, copper and other artifacts that covered an area approximately the size of six football fields. Later, these coins and artifacts were recovered by Odyssey.
The Kingdom of Spain fied a claim in the case asserting that the sunken treasure was taken from the Nuestra Señora de las Mercedes, a Spanish naval vessel that sank in 1804 while transporting mostly private cargo for commercial purposes. Spain has asked

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the federal court in the Middle District of Florida to dismiss the case for lack of
jurisdiction under the Foreign Sovereign Immunities Act (FSIA). We understand that
Spain has asked the U.S. Government to file a Statement of Interest in the case on Spain's behalf.
We understand that Odyssey Marne Exploration, Inc. employs approximately
150 people, including contractors; and it supports over 50 other Florida companies.

Further, we are informed that Odyssey provides valuable historical and archaeological services to the world at no cost to U.S. taxpayers.
More generally, U.S. Government positions toward the Black Swan matter will help determine incentives for responsible commercial archaeological practices in the
future. We are told that Odyssey has willingly shared information regarding the Black

Swan recovery with Spain, with the Court and with the Executive Branch, and that
Odyssey has worked with Spain in the past on shipwreck projects including the HMS

Sussex project involving a shipwreck believed to be a British sovereign vessel, with a potential Spanish interest. Finally, we understand that Odyssey has a long track record of working amicably with foreign governments to involve them with cultural heritage that
may be related to their history.

Based on the aforementioned reports, we respectfully request that the Department of Justice and Deparment of State refrain from interceding at this time in this legal

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EXHIBIT 1

dispute on Spain's behalf. We also helieve that a negotiated settlement between the
parties that addresses hoth Odysseys' interests and the Kingdom of Spain's interests is a
better solution.

We appreciate your attention to this matter of interest to an important U.S. company and many individual U.S. citizens. and we thank you in advance for your cooperation.

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Sincerely,

Connie Mack Member of Congress

Vern Buchanan Member of Congress

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