Merchant Royal

http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2007cv00614/197978/107/

Spain has filed their answers to the court's interrogatories. There was no surprise that they claim "without a doubt" that the Black Swan site is that of the Mercedes. In their press conference they have also accused Odyssey of being grave robbers. Nice touch that; no doubt to stir up public resentment.

http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2006cv01685/186117/114/

With regards to the Land's End site, Spain has filed a feeble response that looks like it was gathered from the Internet. They claim that the Merchant Royal "was engaged by agents of the King of Spain to transport funds of the Monarchy to Flanders. The also cite the "Foreign Sovereign Immunities Act" that their funds are "immune from attachment". We shall see.

Odyssey Marine issued an immediate response to Spain's statements and accusations:

http://shipwreck.net/pressreleases.html

Odyssey Marine Exploration Responds To Recent Media Reports Following the Spanish Government's "Black Swan" Press Conference

Tampa, FL - May 8, 2008 - Following a significant amount of international media coverage based on a press conference held by the Spanish Ministry of Culture in Madrid on May 8, 2008, Odyssey Marine Exploration, Inc. (NasdaqCM: OMEX) wishes to publicly address the most frequently asked questions by media and the public.

To clarify, Odyssey was not in attendance at the press conference, which was presided over by representatives of the Spanish government as well as Spain's legal counsel. Our statements are therefore based on media reports of the actual event and Spain's Responses to the Court's Interrogatories that Spain filed in U.S. District Court for the Middle District of Florida on May 8, 2008.

What is Odyssey's point of view regarding Spain's definitive statement that the site code-named "Black Swan" is that of the "Nuestra Señora de las Mercedes y las Animas"?

Although Odyssey has identified the Nuestra Señora de las Mercedes y las Animas (the "Mercedes") as a working hypothesis as to a vessel that could be related to the "Black Swan" site, the Company does not believe there is sufficient evidence to conclusively prove that the site is indeed related to the Mercedes or any other ship, and as we have previously mentioned, there is no hull of a shipwreck at this site. What we have found to date is apparently a cargo from a shipwreck as opposed to an actual vessel. It is surprising to us that the Spanish representatives who have viewed the photomosaics are not aware of this if they have any experience with shipwreck sites.

It is also surprising that the Kingdom of Spain has asserted conclusively ("without a doubt") that the "Black Swan" treasure is from the Mercedes after viewing site photomosaics and video that show no hull, ballast pile, keel or vessel, and only a statistically insignificant sample of the coins from the site. We believe that the scientific process, archaeological integrity, and historical accuracy are not served by jumping to conclusions and confirming the identity without conclusive proof.

Does Odyssey have a claim to the treasure if the "Black Swan" is indeed the "Mercedes"?

If the "Black Swan" coins are determined to be from the Mercedes, based on our extensive archival historical research, archaeological assessments and thorough legal analysis the Company is confident in its legal position. Of course, it is up to the U.S. District Court to determine the final disposition of the "Black Swan" treasure.

Can you address Spain's accusations of Odyssey "disturbing war graves"?

Odyssey deeply respects the maritime heritage of all nations and the final resting place of any sailors or passengers that may have perished in a shipwreck. However, in the case of the "Black Swan", no vessel and no human remains have been located, a fact that the Spanish experts are well aware of. If indeed it is confirmed that this site is related to the Mercedes, the ship was lost over 200 years ago and if the hull is ever actually located, it is unlikely that any human remains will be found at the site. Nevertheless, Odyssey agrees that all sites should be treated with respect and proper archaeological protocols, which have been carefully observed in the case of the "Black Swan" site.

Is Odyssey willing to settle the "Black Swan" case with Spain?

Odyssey has previously proposed to the Spanish Government on numerous occasions that Spanish archaeologists be allowed to participate in any expeditions that seek to explore shipwrecks which may be of Spanish historical interest.

As with our previous projects, including the SS Republic and HMS Sussex, Odyssey is diligent about notifying potential claimants when the ship's identity is determined. When, and if, Spain is determined to have a claim or cultural interest in any shipwreck, Odyssey would propose to enter a relationship just as it has on previous projects.

There have been some individuals that have been working hard to vilify Odyssey rather than acknowledging our company's repeated attempts to cooperate with Spain in any finds that may involve Spanish heritage. Odyssey has been and continues to be a steward of history. We bring stories of great cultural and historical significance to life, and we have always conducted our operations with archaeological integrity and technology that surpasses the capacities of many academic and governmental institutions.

Odyssey will continue to offer cooperation with Spain and any other government or potential owners of shipwrecks or cargo - and we hope that those who are concerned about underwater cultural heritage will see past the false representations about us by some who have a vested interest in seeing that Spain and Odyssey do not work together.

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It's been quiet......too quiet. The annual meeting is May 7th 2008. The court interrogatory answers from Spain are due on or before May 9th. The share price is drifting down below $5.00/share. Time to pull another rabbit out of Odyssey's hat?
We shall see.

Last year the Black Swan recovery was announced just in time for the annual shareholder's meeting. This year the Odyssey Explorer has spent the last month trolling a tight area west of Guernsey in the English Channel. There has been some speculation as to what shipwreck they may be looking for; an interesting candidate is the La Vierge Du Bon Port.

From: http://www.treasurelore.com/florida/treasure_ships.htm

This East Indiaman is probably one of the richest French vessel ever lost at sea and never found. The La Vierge du Bon Port was bought in Saint Malo in 1664, armed with 30 cannons and 300 tons of cargo space. Her captain, Truchot de la Chesnaie, from Saint Malo also, was commanding this vessel on a special order from the Minister Colbert, a dedicated Minister for the Marine Affairs, appointed by Louis XIV, the Sun King.

At this time, France was far from the main European military power on land and sea. This mission was the first expedition to Madagascar for the creation of a strong colony on the island, under the privileged of the newly created French East India Company. For this purpose, four ships were being prepared in Le Havre, La Rochelle and Saint Malo and gathered together at Brest for a cost to the Company of more than 500,000 Livres.

With 230 elite crew and 288 passengers (soldiers, high rank civil servants, etc.), the little squadron left Brest on 7 of March 1665, and reach Madagascar on the 10th of July, for the "Le Saint Paul" and at the end of August, "Le Taureau" and "La Vierge du Bon Port" also reach their destination. The goals for this first expedition, were principally to send to France, in the shortest times, a ship fully loaded with a large variety of samples which could be found in Madagascar and the islands in its vicinity. It was vital to show to everybody a first good result for the future expeditions.

On the 20th of February 1666, the ship "La Vierge du Bon Port", full of goods and merchandise, was ready to sails on a voyage back to Le Havre, in France. Unfortunately, several month later, on the 9th of July, her voyage almost completed, she was attacked by an English corsair and sunk off Guernsey, with her 120 crew, the remaining survivors taken as prisoners and brought to England. With this event, perished all hopes for a rich colony to be raised and the commercial loss resulting from this expedition was immense, as all her treasures were lost forever. She sank fast, and thirty six English crewmen drowned while trying to save the treasure.

Although the initial report valued her cargo and contents at £1,500,000, a Channel Islander stated that this was a gross underestimate, since one chest alone of precious stones known to be aboard was valued at £40,000, and ambergris and other things were equal to a further £400,000. No record exists of any salvage on the wreck, so her remains probably lie on the seabed near the Channel Isles, awaiting discovery by some future generation of treasure seekers or salvage divers.

Court Order: http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2007cv00614/197978/104/

On April 11th 2008, Odyssey files a Motion for Protective Order concerning the two remaining shipwrecks contested by Spain. There has long been speculation that the Black Swan is the Nuestra Senora de las Mercedes and the Land's End site is that of the Merchant Royal.

Judge Pizzo today denied Odyssey's motion and in doing so ordered that Odyssey's answers to the courts interrogatories be made public. Within his order, Judge Pizzo revealed that Odyssey believes the Black Swan could be the Nuestra Senora de las Mercedes and the Land's End arrest could be that of the Merchant Royal.

From today's order:

"In 8:06-cv-1685-T-23MAP, Odyssey’s interrogatory response states that “certain characteristics of the site . . . appear to correspond positively with the loss of the Merchant Royall (British Merchant vessel Captained by John Limbrey and lost in 1641).”

"Likewise, Odyssey has already released to the media the vessel name it provides in response to the “working hypothesis” interrogatory in 8:07-cv-614-T-23MAP. Odyssey states in its interrogatory response that “one vessel Odyssey has considered which may be related to the site is the ‘Nuestra Senora de las Mercedes y las Animas’ . . ., a Spanish vessel which had been assigned to transport mail, private passengers and consignments of merchant goods and other cargoes at the time of its sinking in 1804.”

Full Bio: http://www.bdlaw.com/attorneys-93.html

About Beveridge & Diamond P.C. : http://www.bdlaw.com/firm.html

A 1993 magna cum laude graduate of Harvard Law School, Mr. LaMotte advises and represents clients in matters relating to international environmental and oceans-related regulatory regimes. He also serves as co-chair of the firm's Climate Change practice group, where he advises clients on both the emerging U.S. climate change regimes and the evolving international climate change framework.

Mr. LaMotte was recently appointed by the President of the American Bar Association to the ABA Standing Committee on Environmental Law. The 11-member group examines and analyzes emerging environmental law and policy issues; assists in the development of ABA policies in the field; and communicates about the myriad environmental law activities taking place throughout the Association.

He brings over ten years of experience as an international lawyer at the U.S. Department of State, where he served most recently as Deputy Assistant Legal Adviser. As an attorney in the Legal Adviser’s Office of International Environmental, Oceans and Scientific Affairs, Mr. LaMotte represented the U.S. Government in designing, negotiating or implementing most of the major environmental and oceans agreements and initiatives.

On oceans law and marine pollution issues, Mr. LaMotte has extensive prior experience with deep seabed mining issues at the International Seabed Authority under the UN Convention on the Law of the Sea; negotiation of new marine pollution agreements at the International Maritime Organization; and negotiation of the UNESCO Convention on Protection of Underwater Cultural Heritage. Representative oceans law matters include counseling a company pursuing ocean iron fertilization as a tool for long-term carbon sequestration, and counseling a company engaged in archaeologically sensitive exploration and recovery of deep-water shipwrecks.