Italian Court Again Orders Seizure of the Victorious Youth

Bronze Statue of a Victorious youth, at the Getty Villa in 2007

“sequestrare l’Atleta di Lisippo ovunque si trovi”

Translation: Seize the Athlete of Lysippos, wherever it is found.

A court in Pesaro on June 8 has for the third time ordered the seizure of the Bronze Statue of a Victorious Youth, currently in the possession of the Getty Foundation. The Getty Foundation purchased the Bronze in 1977 for approximately $4 million dollars. The Getty has maintained that the Bronze was found in international waters in the Adriatic Sea. Italy though has long sought the return of the Bronze on the grounds that the fishermen who pulled the Bronze up in their nets were required under Italian law to report the discovery, that the Bronze became subject to Italian heritage law when it was brought ashore, and that it was abused and smuggled before ultimately being acquired by the Getty.

The difficulty of course will be can an Italian court successfully seek the assistance of an American court to enforce this forfeiture order. I have argued that yes, it could. Italy via its Mutual Legal Assistance Treaty with the United States could trigger a transnational forfeiture that if successful would be a powerful tool on the part of nations of origin.

The Getty though may decide to appeal this decision, and I’ll defer to Italian attorneys the question of whether those appeals have merit. To be sure though, Italian officials are continuing to aggressively use their own courts to seek the return of this rare Bronze.

Fincham, Derek, Transnational Forfeiture of the Getty Bronze (August 22, 2013). Cardozo Arts & Entertainment Law Journal, Vol. 32, 2014. Available at SSRN: https://ssrn.com/abstract=2238204 or http://dx.doi.org/10.2139/ssrn.2238204

ANSA, Lysippus must be seized wherever it is, http://www.ansa.it/english/news/lifestyle/arts/2018/06/08/lysippus-must-be-seized-wherever-it-is-4_6ed58f7c-9127-44f8-8fa4-f4e599a91b8a.html, 8 June 2018.

Il giudice dà torto al Getty Museum: sequestrare l’Atleta di Lisippo ovunque si trovi, Il Messaggero, https://www.ilmessaggero.it/primopiano/cronaca/ordinanza_sequestro_lisippo_atleta_getty_museum_malibu_tribunale-3785377.html, 8 June 2018.

 

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