'Innocent Buyer' of Stolen Art Loses Out to French Museum

07 Jun 2011 12:52 PM | Anonymous

'Innocent Buyer' of Stolen Art Loses Out to French Museum
Mark Hamblett All Articles

New York Law Journal
June 07, 2011
The unwitting buyer of an artwork stolen 30 years ago from a French museum and smuggled by the thief into the United States will have to surrender the piece following a decision by the 2nd U.S. Circuit Court of Appeals.

Upholding lower court rulings and a verdict of forfeiture, the circuit said Sharyl R. Davis has to give up "Le Marche," a Camille Pissarro monotype lifted from the Musee Faure in Aix-les-Bains in 1981.

Unlike in the Judgment of Solomon, see 1 Kings 3:16-28, neither party has blinked," Judge Gerard E. Lynch wrote for the circuit in United States v. Davis, 10-300-cv, "and we are therefore in the unenviable position of determining who gets the artwork, and who will be left with nothing despite a plausible claim of being unfairly required to bear the loss."


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