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Henry Mazurek Secures Landmark Victory in Federal Ancient Coin Seizure Matter

Meister Seelig & Schuster (MSS) is proud to announce a landmark victory for partner and White-Collar Crime Chair Henry E. Mazurek in response to the U.S. Customs’ seizure of ancient and rare Roman Empire coins purchased at auction by a private collector. Homeland Securities Investigations (“HIS”), the investigative arm of the Department of Homeland Security, seized an importation of ancient coins purchased by a U.S. private collector. The government seized the coins disputing their legal status based on foreign national cultural patrimony laws. Prior to formal claims being filed in federal court, Mr. Mazurek convinced U.S. authorities to return his client’s property. Such return of seized antiquities is extremely uncommon once authorities have determined that they are wanted under foreign patrimony and international treaty law.

A foreign patrimony law may vest ownership in the country’s government over all art and antiques over 100 or even 50 years old, even if the property had never been inventoried or documented within the country claiming ownership. While a particular foreign patrimony law or underlying factual claims may never have been tested in a U.S. court, these claims may result in HSI seizures against U.S. private collections, museums, and auction houses. Often, these claims are never contested and property is abandoned rather than face steep litigation costs against the U.S. Government.

In this case, Mr. Mazurek was able to convince U.S. authorities to surrender its seizure based on arguments that the foreign claims were unsubstantiated or could not be proven in a federal court action. As a result, his client retained ownership of two of the most rare and valuable Roman Empire coins that exist in the international marketplace.

The first coin is a gold Probus Roman Empire Medallion, depicting the Roman Emperor Probus, who was proclaimed Emperor in AD 276. It has been described as one of the most attractive Roman Empire medallions to have survived from antiquity. The front of the Medallion pairs Emperor Probus with Hercules. The very detailed back of the Medallion depicts the Roman army’s crossing of the Rhine River on a pontoon bridge. This Medallion is only one of three known gold Probus Medallions in modern circulation.

The second coin is a gold Constantine I Roman Empire Medallion, depicting the Roman Emperor Constantine I, who was named Emperor after the death of his father in AD 306. This unique gold medallion was minted in about AD 317 as a sign of unity and cooperation between Constantine I and Lucinius. The profile of Constantine I is depicted on the front of the Medallion wearing a radiate crown, signaling the value of the Medallion. The back of the Medallion celebrates the short-lived union between adversaries, proclaiming “Concord Between the Most Noble Augusti and Caeseres.” It also is one of the few known Medallions of this type in the marketplace.

Henry E. Mazurek represented one of the world’s largest private collectors of ancient coins in this seizure action. The United States was represented by attorneys from the U.S. Department of Justice.

The matter involved claims asserted by multiple foreign governments, including Italy, Serbia, and Turkey creating a uniquely complex dispute that required navigating the intersection of U.S. forfeiture law, international treaty obligations, foreign cultural heritage property law, and cross-border property rights.

The case is particularly significant because it represents the rare instance in which the United States government has relinquished its claim to an antique property after foreign governments requested the property’s return to enforce international treaty obligations.

The outcome highlights Mr. Mazurek and his team’s ability to successfully handle matters involving complex federal enforcement actions, asset forfeiture, international disputes, and arcane art and antiquities law.

Mr. Mazurek, who leads Meister Seelig & Schuster’s White-Collar and Government Investigations practice, is recognized for representing clients in high-stakes investigations, criminal prosecutions, regulatory proceedings, and asset forfeiture matters.