Category Archives: Customs

“Saving Africa’s Elephants Changing the Art Scene” last Tuesday with VLA New York

By Nicholas O'Donnell on October 17th, 2014 Posted in Customs, Events

I enjoyed a terrific panel discussion organized by Volunteer Lawyers for the Arts in New York Tuesday evening at Herrick, Feinstein LLP. Entitled “Saving Africa’s Elephants Changing the Art Scene,” the panel addressed the ramifications of this year’s Director’s Order that banned the import of African Elephant ivory for any commercial use, and restricted even… Continue Reading

“Saving Africa’s Elephants, Changing the Art Scene” on October 14, 2014

By Nicholas O'Donnell on September 17th, 2014 Posted in Customs, Events

Volunteer Lawyers for the Arts has organized an interesting panel presentation and discussion on October 14, 2014 that will be held at Herrick, Feinstein LLP in New York. From the event description (online registration available): Please join Volunteer Lawyers for the Arts and Herrick, Feinstein LLP for a lively panel discussion on the recent ban on… Continue Reading

United States Abandons Finally Its Effort to Seize Mask of Ka Nefer Nefer in St. Louis, Egypt’s Plans Unknown

By Nicholas O'Donnell on July 29th, 2014 Posted in Civil Forfeiture, Customs, Museums

The Department of Justice has made public its plans to let the deadline pass for seeking rehearing or further review of the June, 2014 decision affirming the dismissal of its efforts to seize the Mask of Ka Nefer Nefer in the St. Louis Art Museum by civil forfeiture. In an interview with St. Louis Post-Dispatch,… Continue Reading

St. Louis Art Museum Dismisses Its Lawsuit Over Mask of Ka-Nefer-Nefer, Could Bring it Again if It Chose

By Nicholas O'Donnell on June 24th, 2014 Posted in Civil Forfeiture, Customs

I wondered aloud two weeks ago what the St. Louis Art Museum would do with its declaratory judgment action over the Mask of Ka-Nefer-Nefer after the U.S. Court of Appeals for the 8th Circuit affirmed the dismissal of the related forfeiture action brought by the government. With the question of seizure answered for good, I… Continue Reading

What Happens to St. Louis Art Museum Suit Against the U.S. over the Mask of Ka Nefer Nefer—Will Museum Dismiss its Case Voluntarily?

By Nicholas O'Donnell on June 16th, 2014 Posted in Civil Forfeiture, Customs

On the heels of the St. Louis Art Museum’s victory against the civil forfeiture action over the Mask of Ka-Nefer-Nefer, the question arises what the museum will do with the lawsuit it filed in 2011 concerning the mask. That lawsuit, The Art Museum Subdistrict of the Metropolitan Zoological Park and Museum District of the City… Continue Reading

Appeals Court Rules Mask of Ka-Nefer-Nefer Will Stay at St. Louis Art Museum Because Government Missed Deadlines

By Nicholas O'Donnell on June 12th, 2014 Posted in Antiquities, Customs, Restitution

The Court of Appeals for the 8th Circuit has affirmed the dismissal of the U.S. government’s attempt to seize the Mask of Ka-Nefer-Nefer from the St. Louis Art Museum. Despite the government’s persistent characterization the mask as stolen before it entered the country, the civil forfeiture case has been rebuffed. The narrow issue was whether the trial… Continue Reading

Mask of Ka Nefer Nefer Settlement Talks Fail, Appeal Back on the Docket

By Nicholas O'Donnell on April 18th, 2013 Posted in Collections, Customs

After a report from the United States that settlement talks in the civil forfeiture case against the Mask of Ka Nefer Nefer at the St. Louis Art Museum were sufficiently promise to suspend the briefing schedule in the Court of Appeals, the government has advised the court that those talks have failed. The government’s appellate… Continue Reading

Court Denies Request to Amend Complaint Seeking Forfeiture of Mask of Ka-Nefer-Nefer

By Nicholas O'Donnell on August 2nd, 2012 Posted in Civil Forfeiture, Collections, Customs

The U.S. District Court in St. Louis has denied the government’s request to amend the complaint seeking civil forfeiture of the Mask of Ka-Nefer-Nefer from the St. Louis Art Museum. Echoing some of the timeliness points we made after the government’s request for reconsideration of the dismissal of the case was denied on June 1,… Continue Reading

Government Tries to Save “Mask of Ka-Nefer-Nefer” Case Against St. Louis Art Museum, but Did U.S. Miss Its Own Deadline?

By Nicholas O'Donnell on June 14th, 2012 Posted in Civil Forfeiture, Collections, Customs, Restitution

After the U.S. District Court denied the government’s Motion to Reconsider its earlier dismissal of the claim to the Mask of Ka-Nefer-Nefer in the St. Louis Museum of Art, the government has tried another procedure to revive the case, one that is normally unremarkable. A review of the filings in the case raises the question, however,… Continue Reading

UPDATE: Court Denies Government’s Request to Amend Case to Reclaim Mask of Ka-Nefer-Nefer from St. Louis Art Museum

By Nicholas O'Donnell on June 1st, 2012 Posted in Collections, Customs

Fresh on the heels of our coverage here and here and in the Atlantic, the U.S. District Court in St. Louis has rejected the U.S. government’s efforts to save its case to reclaim the Mask of Ka-Nefer-Nefer. After the case was dismissed in April, the government asked the court for permission to amend the complaint to… Continue Reading

The Ethical Questions Raised by the Mask of Ka-Nefer-Nefer Case in this Month’s Atlantic

By Nicholas O'Donnell on May 31st, 2012 Posted in Collections, Customs

Malcom Gay in the Atlantic reports on the dismissal of the federal government’s civil forfeiture action under U.S. customs laws United States v. The Mask of Ka-Nefer-Nefer, and the broader quesions about what a museum should do when faced with such claims. In April, the U.S. District Court allowed the St. Louis Museum of Art’s Motion… Continue Reading

Portrait of Wally in Hindsight: What did it Really Change?

By Nicholas O'Donnell on April 25th, 2012 Posted in Customs, Foreign Sovereign Immunities, Immunity from Seizure Act

A new piece at the Art Newspaper reflects on the importance of the Portrait of Wally case. Wally was seized in 1998 by customs officials on the theory that it was stolen property when imported into the U.S. The painting sat in a warehouse for 12 years, until a settlement returned the painting to Vienna in… Continue Reading

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

By Nicholas O'Donnell on April 11th, 2012 Posted in Collections, Customs, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Restitution, Senate Bill 2212, Uncategorized, World War II

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212. It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote. As… Continue Reading

St. Louis Art Museum Prevails Against U.S. Claim to Mask of Ka-Nefer-Nefer

By Nicholas O'Donnell on April 3rd, 2012 Posted in Customs

The St. Louis Art Museum has defeated the federal goverment’s efforts to seize the Egyptian Mask of Ka-Nefer-Nefer under U.S. customs laws. The Mask of Ka-Nefer-Nefer is a funerary mask of an ancient Egyptian noblewoman. The St. Louis Art Museum purchased it from a dealer in 1998. Sometime later, the United States began to seek its seizure, arguing… Continue Reading

The Art Law Report at Ellis Boston Antiques

By Nicholas O'Donnell on October 6th, 2011 Posted in Collections, Connoisseurship, Customs

During the upcoming Ellis Boston Antiques Show, I will be on a panel on Friday night, October 21, 2011 at 6:30 p.m. entitled “Essentials for the New Collector” about collecting antiques and fine art in today’s market. I will be joined by PBS “Antiques Roadshow” appraiser Colleene Fesko and John Fiske, Editor of New England… Continue Reading