Bones of Contention

Paige Williams has written a fair and balanced article for the New Yorker about Eric Prokopi and the seizure and repatriation of his dinosaur reconstruction to Mongolia.  My only quibbles are that the article glosses over open sales of  dinosaur bones within Mongolia itself  as well as the fact that current Mongolian law on the subject does not appear to be quite as clear as the Government has claimed. 

Forfeiture is Big Business-- For Federal Prosecutors

The forfeiture of Eric Prokopi's Bataar display piece has helped prompt the the New York Times to examine how forfeiture has become big business for federal prosecutors in New York.  I've found the federal attorneys who handled the Bataar forfeiture case to be quite professional and obviously good lawyers.  On the other hand,  I have to agree with critics that the system can be quite arbitrary, even going so far as to allow the government to hobble any defense by seizing as possible proceeds of the crime all of the defendant's assets. 

Palentologist May Loose Freedom for Following His Dream

Here is a humane and balanced portrait of Eric Prokopi from his local paper.  In contrast, most coverage, which has relied on Government, paleontological and Mongolian sources, has vilified him.

Mr. Prokopi's guilty plea will also end his civil effort to recover the Bataar display piece he spent a year preparing.  Left unresolved are serious questions concerning whether American law should subject American citizens to criminal and civil liability based on obscure and unclear foreign laws that are not even consistently applied at home.

Ruling in T-Rex Bataar Case

The Hon. P. Kevin Castel, has denied Eric Prokopi's Motion to Dismiss in the ongoing T-Rex Bataar forfeiture action in the initial pleading stage of the case, but in doing so has reserved the issues Prokopi raised with regard to the Government's case for possible further consideration later on.

Renewed Motion to Dismiss in Dinosaur Forfeiture Case

In response to the Government's Amended Complaint, my firm, Bailey & Ehrenberg PLLC along with Michael McCullough LLC, have filed a renewed motion to dismiss.  The legal basis for the motion is addressed in this supporting memorandum.    Pursuant to the Court's September 7, 2012 order, the Government's response is due on or before October 19, 2012 and any reply is due on or before October 30, 2012.

Update (10/17/12):  Here is a balanced article on the Government's unfortunate effort to convert this civil action into a criminal one.

Update (10/23/12):  Here is our reply brief in support of Claimant's Motion to Dismiss.

Motion to Dismiss in T-Rex Bataar Forfeiture Action

Here is a link to a motion to dismiss my firm, Bailey & Ehrenberg PLLC, filed in conjunction with Michael McCullough LLC.  The motion seeks to gain the return of a fossilized T-Rex Bataar skeleton to its rightful owner, a Florida small businessman who spent considerable time, effort, money and expertise in preparing and mounting the composite specimen for sale: https://docs.google.com/file/d/0B9sH3ETMwSWiNWVNTkxCakp0bnM/edit

One needs a Google account to review it.

As we observe,

It may or may not be time to regulate fossil collecting like antiquities collecting, but surely any such regulatory effort should only be accomplished prospectively through the legislative or administrative process rather than retroactively through a forfeiture action prompted by a media frenzy and foreign politics. The Government should not be allowed to seize property based upon obscure foreign laws or unwritten interpretations of �country of origin� or valuation rules for fossils. Moreover, the Government has not alleged sufficient facts to establish a reasonable basis to believe that it could meet its burden to prove that the Display Piece was �stolen.� For all these reasons, the Complaint should be dismissed.