ACCG Test Case Forfeiture Trial Developments

ACCG Files Amended Answer

http://culturalpropertyobserver.blogspot.com/2013/09/accg-files-amended-answer.html
by Peter Tompa

The ACCG has filed an Amended Answer and Pro Forma Response to the government's motion to strike defenses set forth in its initial answer to the government's forfeiture complaint.  The exhibits to the amended answer are available on the Court's PACER database.   The amended answer reiterates that the focus of this case is whether the government can meet its burden to show the coins at issue were "first discovered in" and "subject to the export control" of China or Cyprus.  Based on information secured from former CPAC members and FOIA, it would seem not.




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COMMENTARY
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 >> The amended answer reiterates that the focus of this case is whether the government can meet its burden to show the coins at issue were "first discovered in" and "subject to the export control" of China or Cyprus.  Based on information secured from former CPAC members and FOIA, it would seem not.

This doctrine of "presumptive origin" is one of the two key issues at stake in this trial, the other being State Department maladministration of the CPAC process and failure to comply with reporting and transparancy obligations mandated by the 1983 CCPIA.

In this observer's opinion, the factual basis for the ACCG's case is very strong.

To date the Government has relied almost exclusively upon procedural and jurisdictional arguments in contesting ACCG's efforts to force a trial of the State Department's conduct in collaboratively negotiating MOUs with foreign governments, rather than impartially examining and reporting upon requests drafted without USS assistance, as Congress had clearly intended the CPAC process to regulate.

Now that a trial upon factual issues appears to be imminent, there are grounds for optimism that the excesses of the Kouroupas regime can finally be dealt with in a  rational manner.


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