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.

Emmy® Award-winning JWM Productions to Produce Prime Time 11-Part Series

http://shipwreck.net/pr167.php

Tampa, FL - May 27, 2008 - Odyssey Marine Exploration, Inc. (NasdaqCM: OMEX), the world leader in deep ocean shipwreck exploration, has granted Primetime Emmy® Award-winning JWM Productions exclusive access to film Odyssey's 2008 Atlas Search expeditions to produce a shipwreck exploration television series. Discovery Channel expects to premiere the 11-part High Definition (HD) series to worldwide audiences in 2009. Production is slated to begin immediately.

"We have the most experienced team of shipwreck explorers in the world manning our ships, and on a regular basis they make amazing discoveries in the deep ocean - things that have never before been seen by human eyes. We're proud of the exploration and archaeological work our team accomplishes in the challenging offshore environment, and for a long time we've been looking for the right format to share the excitement of our expeditions with viewers around the world," stated Greg Stemm, Odyssey's Chief Executive Officer. "JWM has a proven track record of producing smart, compelling television and Discovery Channel is the #1 media and television brand in overall quality for the eighth straight year. We're sure that Discovery's viewers will enjoy 'being there' during our shipwreck search and exploration expeditions," Stemm continued. "Odyssey is recovering not only treasures, but fascinating shipwreck stories from the bottom of the world's oceans. And our job is to deliver these stories, discoveries and adventures to Discovery's viewers in a way that brings them right into the action," explained Jason Williams, President and Co-founder of JWM Productions. "We're looking forward to an exciting season with unparalleled coverage of Odyssey's operations."

"This series will give our viewers a front row seat as Odyssey's archaeological and forensics teams search for sunken treasures and unravel the mysteries of long-lost shipwrecks," said John Ford, president and general manager of Discovery Channel. "This compelling 11-part series will show viewers the intense drama of underwater detective work and we are excited to have JWM creating this series for our audiences around the globe."

In this immersive series, viewers will join the Odyssey Marine Exploration team as they brave high seas, heavy weather, political red tape and courtroom clashes to keep their research vessels and deep ocean equipment operational on the hunt for underwater archaeological sites and shipwrecks that each have unique stories to tell. Episodes will include forensic analysis with stunning computer graphics as well as experts in cutting-edge laboratories laboring to analyze and conserve fragile artifacts recovered from the watery depths. Each episode, viewers will be involved in solving dramatic maritime mysteries and treated to spectacular underwater HD video of shipwreck discoveries through the cameras of Odyssey's Remotely Operated Vehicles (ROVs), as well as the real life battle to keep the treasures they discover.

http://shipwreck.net/pr168.php

Tampa, FL - May 29, 2008 - Odyssey Marine Exploration, Inc. (NasdaqCM: OMEX), the world leader in the field of deep-ocean shipwreck exploration, today filed Admiralty Arrest Complaints in the U.S. District Court for the Middle District of Florida on two separate shipwreck sites recently discovered by the Company.

Both sites lie within the general area of the English Channel but are outside the territorial waters or contiguous zone of any sovereign nation. The sites both contain cannon and other artifacts which are believed to date from the Colonial period. Odyssey has conducted preliminary surveys but has not yet been able to confirm the identity of either site. The Company's archaeological and conservation teams are currently developing archaeological excavation and conservation plans for both sites.

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We've noted here before that Odyssey's ship, the Odyssey Explorer, had spent a month this spring trolling a tight area west of Guernsey in the English Channel. Our guess is that one of the new shipwreck sites is that of La Vierge Du Bon Port. The other site is a mystery for now.

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

La Vierge du Bon Port

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.