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NCJRS Abstract

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NCJ Number: 98205 Find in a Library
Title: Statement of James I K Knapp, Deputy Assistant Attorney General Criminal Division, Before the Senate Subcommittee on Criminal Law Concerning Archeological Theft on May 22, 1985
Author(s): J I K Knapp
Corporate Author: US Dept of Justice
Asset Forfeiture and Money Laundering Section
Criminal Division
United States of America
Date Published: 1985
Page Count: 8
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice
Washington, DC 20530
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislative Hearing/Committee Report
Language: English
Country: United States of America
Annotation: James Knapp testifies that from a law enforcement perspective, enactment of S. 605 (which challenges ownership interests of foreign governments in archeological and ethnological materials not yet discovered or recovered) is not desirable.
Abstract: It would impair the Federal Government's ability to prosecute the trafficker in stolen archeological materials who flouts the laws of foreign countries concerning such property. Its enactment could effectively create a legal marketplace within the United States for the items stolen from foreign archeological sites. S. 605 is an attempt to limit the scope of the National Stolen Property Act (NSPA) as interpreted by the U.S. Court of Appeals for the Fifth Circuit in United States v. McClain (1977). The U.S. Department of Justice believes that the McClain decision reflects the proper interpretation of the NSPA. Under McClain, if a foreign country declares itself the owner of certain property within its territory which has not been reduced to actual possession and imposes controls over such property to enforce its ownership, its property rights are protected by the NSPA.
Index Term(s): Art theft; Attorney General opinions; Impact prediction; Judicial decisions; Legislation; US Senate
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