That's MY Money!

Odyssey v. Kingdom of Spain:

"In 2007, Odyssey Marine Exploration, Inc. (Odyssey) discovered the remains of a 19th Century Spanish vessel in international waters west of the Straits of Gibraltar. Odyssey filed a verified admiralty complaint in rem against the shipwrecked vessel and its cargo in the Middle District of Florida and also sought a warrant of arrest. The Kingdom of Spain (Spain), the Republic of Peru (Peru), and twenty-five individuals filed claims against the res. Upon receiving additional information about the vessel’s identity, Spain also filed a motion to dismiss. Spain argued, without waiving its sovereign immunity, that the res was a Spanish warship and the district court thus lacked subject matter jurisdiction over Odyssey’s claims because the vessel was immune from judicial arrest under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1602-1611. The district court granted Spain’s motion to dismiss, concluding the res was the shipwreck of a sunken Spanish warship and was entitled to sovereign immunity. Having determined that the res is “immune from . . . arrest” in United States courts, we affirm. 28 U.S.C. § 1609."

To make matters worse:

"We note, the release from custody sought by Odyssey would not, as Odyssey contends, return matters to the status quo at the commencement of this suit. The U.S. Marshal seized the res approximately one month after Odyssey discovered the site in March of 2007. Odyssey continued recovery operations after the order of arrest. While Odyssey may have had prior custody of some items from the site, the remainder of the recovered res was received in Odyssey’s capacity as custodian for and under the authority and protection of the court.

Moreover, releasing the res to the custody of Spain is not, as Odyssey attempts to characterize it, a “transfer.” Odyssey holds the res as a substitute custodian of the district court; the res remains in custodia legis (in the court’s possession). By ordering Odyssey, as substitute custodian, to release the res into Spain’s custody, the court is relinquishing its control of the res and releasing it to the party that has a sovereign interest in it. Further, Spain’s sovereign interest in the res existed before Odyssey initiated this action and deposited the parts of the res it had salvaged from the shipwreck."

To paraphrase the opinion - Great Work! Now give the stuff back. Schmucks.