Merchant Royal

http://shipwreck.net/pr162.html

Spain's Claim To One Of Odyssey's Shipwreck Cases Dismissed

"Odyssey Marine Exploration, Inc. (NasdaqCM: OMEX), the world leader in the field of deep-ocean shipwreck exploration, announced today that Spain's claim in Admiralty case number 8:07-CV-00616 has been dismissed pursuant to a motion filed on behalf of the Government of Spain. The shipwreck in this case is believed to be a 20th century passenger liner reported to be carrying valuable cargo.

Following Odyssey's May 2007 announcement of the recovery of 17 tons of silver and gold coins from the "Black Swan" site, Spain filed claims with the U.S. District Court's Tampa Division in three of the Company's pending admiralty arrests. Odyssey made it clear that the Company was unaware of evidence suggesting any potential Spanish interest in the site, yet Spain pursued its claim without providing any information as to the basis for that claim.

"We are very pleased that Spain has acknowledged that its claim to this particular shipwreck is unfounded, and we are now looking forward to moving ahead in resolving all issues expeditiously with the other two cases," said Greg Stemm, Odyssey's Chief Executive Officer.

"Technically, Spain's dismissal of its claim in this case has no bearing on the other two arrests, but this shows that just because Spain files a claim against a particular wreck site does not mean it has a valid basis, or as in this case, any evidence whatsoever to support that claim," commented Melinda MacConnel, General Counsel for Odyssey."

http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2007cv00616/197307/94/

Notice of Voluntary Dismissal Without Prejudice

"Pursuant to Federal Rule of Civil Procedure 41(a), Claimant Kingdom of Spain gives notice of voluntary dismissal of its Verified Claim in this case (Dkt. 14), based on examination of evidence disclosed by plaintiff pursuant to Orders of the Court indicating that the res in this case is the Italian vessel Ancona. Claimant reserves the right to refile a Verified Claim, without waiver of its sovereign immunity and other jurisdictional defenses and immunities, in the event that any future information indicates an interest of Claimant in the vessel or its contents.
Respectfully submitted on April 2, 2008"

The Ancona

The Ancona was a passenger ship that was sunk in 1915 by a German u-boat in the Mediterranean. Supposedly the ship's manifest stated that the Anconda was carrying "12 barrels of gold and a shipment of silver bars". It's hard to determine just how much gold this is but a conservative guess is that the melt value is no less than $25Mil in today's value.
Of course, the numismatic value could be far greater that that.

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.

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.”

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.