Six collector and trade groups have supported the Ancient Coin Collectors' Guild's appeal seeking to ensure that the due process rights of collectors are protected. The Guild has asked the Fourth Circuit Court of Appeals to overturn an order forfeiting fifteen (15) of its coins.
The Guild has argued that the district court could not assume away important elements of the government’s case merely because its coins were of types subject to import restrictions. Under the Convention for Cultural Property Implementation Act, the government may only seize and forfeit archaeological and ethnological objects “first discovered within” and “subject to export control by” specific countries. And even then, the government must make some showing that the articles left that country after the effective date of those regulations. Here, at most, all the government showed was that the coins were of types on the “designated lists” for Cyprus and China.
The briefs of the Guild and amici can be accessed here.