Recovering Stolen Art and Antiquities Under the Forfeiture Laws
This Article explains how the criminal and civil forfeiture laws work, provides a number of examples of their successful application to the recovery of stolen artwork and other cultural property, and then discusses the conflict between the government’s effort to recover property for the benefit of the rightful owner and the statutory right of third parties with competing interests to intervene and prevent the government from succeeding. It concludes with a recommendation for a “legislative fix” that would limit the ability of third parties, other than the victim of the unlawful taking of the property, to block the government’s effort to recover the property under the forfeiture laws.
Stefan D. Cassella, Recovering Stolen Art and Antiquities Under the Forfeiture Laws: Who is Entitled to the Property When There are Conflicting Claims?
North Carolina Journal of International Law, Vol. 45 (2020), pp. 393-440.