Last week, Amineddoleh & Associates LLC filed its second Motion to Dismiss in the case of Safani Gallery, Inc. v. The Italian Republic, Civil No. 19-10507 (SDNY), responding to Plaintiff’s Amended Complaint. Here, Plaintiff – an antiquities gallery –seeks redress from Italy for the seizure of a marble antiquity depicting a male bust. The seizure was made by the Manhattan District Attorney, not the Mediterranean republic. The object first gained public attention in 2018 when it was reported by the NY Times that the Manhattan DA seized the object described by the plaintiff art gallery as the “Head of Alexander.” This is a misnomer, as the marble likely depicts a Parthian “barbarian.” A filing by the DA in NY State Supreme Court describes the head as one that decorated the Basilica Emilia, a civil basilica in the heart of the Roman Forum. For information about the Basilica Emilia, the American Institute for Roman Culture’s onsite video offers a glimpse of the important historic site. (Ironically, one of the functions of the Basilica Emilia was as a law court.)

Ruins of Basilica Emilia Photo credit: @Roma_Wonder

Notably, this case bears certain similarities to the Barnet litigation, where our firm represented the Greek Ministry of Culture and recently secured a favorable decision in the Second Circuit. As in Barnet, here a foreign sovereign made a communication concerning an antiquity originating from within its borders. However, in Safani, a tip was made to U.S. law enforcement (the Manhattan DA) rather than to a private party. While the original Complaint focused on jurisdiction under the commercial activity exception of the Foreign Sovereign Immunity Act (FSIA), the Amended Complaint altered its allegations to include the FSIA’s tort exception, expropriation exception and obligations under several international legal instruments. We are confident that the court will correctly interpret the FSIA’s exceptions. We are proud to represent Italy in this matter, particularly as the nation’s record for protecting cultural heritage has gained it international praise. As the nation with the most number of UNESCO World Heritage Sites (Italy boasts 55), our client actively protects its heritage for current and future generations.

Amineddoleh & Associates is proud to continue representing clients in high-profile antiquities cases which affect the international protection of heritage.