United States District Court for the Southern District of New York
178 F.Supp.2d 445 (S.D.N.Y. 2002)
Schultz (defendant) allegedly conspired to steal ancient Egyptian artifacts and bring them into the United States. He was charged with conspiracy to receive or possess stolen foreign goods under 18 U.S.C. § 2315, which provides that “[w]hoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, or merchandise . . . which have crossed a State or United States boundary after being stolen . . . knowing the same to have been stolen . . . [is guilty of a crime].” Schultz filed a motion to dismiss, claiming that the indictment presupposed that an individual conspiring to take artifacts from Egypt to the United States was guilty of dealing in stolen goods under Egyptian Law 117 (Law 117). Law 117 provided that all Egyptian historical artifacts were considered to be property of the state. Schultz argued that Law 117 was a mere regulation, and, essentially, that he could not be guilty of conspiracy to possess stolen goods because violation of Law 117 did not necessarily mean that he was guilty of the crime of dealing in stolen goods.
Rule of Law
Holding and Reasoning (Rakoff, J.)
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