UNITED STATES V. SHULTZ
178 F. Supp 2d 445 (S.D.N.Y. 2002)
NATURE OF THE CASE: Shultz (D) filed a motion to dismiss an indictment for conspiracy to
violate 18 U.S.C.S. 2315.
FACTS: Egyptian Law 117 provides that, as of 1983, all Egyptian 'antiquities' - that is,
objects over a century old having archeological or historical importance - 'are considered
to be public property,' that is, property of the state. D and one or more co-conspirators
arranged to steal highly valuable ancient Egyptian artifacts - including a million-dollar
head of Amenhotep III - and 'fence' them in New York. D was indicted for a conspiracy to
violate section 2315 of Title 18, United States Code, which provides, in pertinent part,
that 'whoever receives, possesses, conceals, stores, barters, sells, or disposes of any
goods, wares, or merchandise & which have crossed a State or United States boundary after
being stolen & knowing the same to have been stolen & [is guilty of a crime] (receiving
stolen property)' D moved to quash the indictment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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