Judge George Daniels
Under 19 USC §1595a(c) and 18 USC §§545 and 981(a)(1)(C), the government sought forfeiture of a statue stolen from Cambodia in 1972. Sotheby’s withdrew it from auction after a Cambodian official claimed it illegally removed. Denying Sotheby’s dismissal, the court allowed the government to amend its complaint to add new factual allegations as to the 1972 theft and Sotheby’s knowledge that the statue was stolen. The government’s proposed amended complaint pleaded facts showing Sotheby’s knowledge that the statue was stolen when it was imported into the United States. In addition to its purported knowledge of the statue’s appearance on the international art market during a period of rampant looting of antiquities, Sotheby’s knew the collector who acquired the statue in 1972, and knew that the collector had trouble selling the statue in 1975 due to its lack of legitimate provenance. Subsequent to import Sotheby’s was expressly advised that Cambodian officials had clear evidence that the statue was stolen. It also allegedly provided inaccurate provenance information with potential buyers, the Kingdom of Cambodia, and U.S. law enforcement agencies.
