Emeralds in Key West

[old man]

Emerald Headlines in today's Key West Citizen Newspaper.

" Fisher alleges emeralds stolen from Atocha site ."
" some of the emeralds may have been stolen directly from the Spanish galleon Nuestra Senora de Atocha wreck site, said attorney Marlow White, " who is representing Kim Fisher.

One point in the newspaper article that I found Extremely interesting. The Fisher's went to Court and filed a motion to examine the emeralds that Jay Miscovich claims to have found. Jay Miscovich is fighting that motion. He doesn't want the Fisher's to examine any of the emeralds he claims to have found. What does Jay Miscovich have to Hide, by not letting the Fisher's experts examine the Emeralds

Wow !!!!

 

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[psdiver]

Fisher alleges emeralds stolen from Atocha site
BY ADAM LINHARDT Citizen Staff
[email protected]

The legal battle over a cache of gems found in the Gulf of Mexico two years ago purported to be worth hundreds of millions of dollars heated up Tuesday when an attorney for Key West's most well-known treasure hunting family suggested some of the emeralds were stolen from Mel Fisher's site.

Some of the emeralds may have been stolen directly from the Spanish galleon Nuestra Señora de Atocha wreck site, said attorney Marlow White, who is representing Kim Fisher, the late treasure-hunting legend's son and head of the Delaware-based salvage company Motivation Inc.

Jay Miscovich, who claims he found the gems on the sea floor, denies the claim. White made the allegation during a hearing at the federal courthouse in Key West before U.S. District Judge James Lawrence King.

"There were many rumors to that effect going on around town and I ignored them," Fisher said of the theft claims. "But I received new information that pushed me over the edge that there's a good possibility that's what happened. So we need to lay out what we've heard and tell the judge we think it's a possibility."

Fisher has filed a legal claim to the emeralds, but said Wednesday he likely will amend it based on that new information, which he would not disclose fully to The Citizen.

"I don't think all the emeralds were stolen," Fisher said. "I think some of them may have been stolen and mixed with the other emeralds. There was a turning point that made believe the rumors, but I don't want to disclose that right now until I have time to sit down with my attorney."

Miscovich denied that any of the gems were stolen from the Atocha, and maintains he found them in January 2010 about 40 miles northeast of the Atocha and her sister ship, the Santa Margarita.

"That is an allegation that is brand-new and without any validity whatsoever," said Miscovich's attorney, David Paul Horan of Key West.

The two shipwrecks and the legalities surrounding their valuable cargo are familiar territory for Horan, who famously represented Mel Fisher in the 1970s and '80s. Horan was part of the legal team that argued against the state of Florida in front of the U.S. Supreme Court and ultimately won the case that allowed Mel Fisher to keep the treasure he found.

Horan declined further comment about the emerald case and White's allegations.

Other motions

Also on Tuesday, the judge denied Miscovich's motion to remove some of the emeralds from his safe deposit box in New York City so they can be tested to determine from where in Colombia they were mined, which could indicate whether or not they could or couldn't have been on the Atocha.

The judge wants all the stones in Key West, where the court has jurisdiction, before making that decision. Miscovich voluntarily has agreed to return many gems to Key West because they all must physically be in Florida's southern federal judicial district for the court to have jurisdiction over them. That has not yet occurred. The gems that are not in Key West or in the bank are at a jewelry store in Pennsylvania and in New York City.

Miscovich, however, is fighting Fisher's attempt to test the emeralds, too. He claims there's no way the emeralds came from the Atocha or Margarita because they came from Colombian mines that did not operate when those galleons sailed. Both ships sank in 1622 in a hurricane off Key West.

Horan has said the stones Miscovich found are of a different quality than those that have been found on the Atocha or Margarita.

Fisher has said if his experts determine the stones didn't come from either shipwreck, he would drop his claim, but that seems unlikely at the moment as legal sparring continues to mount.

The judge also wants Fisher to explain if he can claim ownership if the gems were found outside his so-called "injuncted area," over which the courts gave the Fishers jurisdiction.

"The judge wants us to explain if the material came from the Atocha, but outside our area, do we have a claim?" Fisher said.

Fisher said he hasn't done that yet because the jurisdictional question would be moot if the allegation that some of the emeralds were stolen turns out to be true.

Fisher told The Citizen the courts granted the "injuncted area" primarily to keep competing salvors off the Atocha and Margarita sites, but also granted the Fishers all cargo from the Atocha and Margarita, regardless of whether it is in the injuncted area.

"According to the court orders, it doesn't say only cargo in our injuncted area," Fisher said, "it says we have title to the Atocha and her cargo wherever it may be found."

[email protected]

http://keysnews.com/node/37748

 

[MAJesticTS]

Why is what Jay found so big of an issue? I mean, wasn't it a few ships that sunk from the fleet? There has to be more treasure somewhere else. Honestly, that's all I'd really be interested in.

But, perhaps its just me?

 

[Dig_Doug]

Good article PSDiver...

One of the reasons I prefer to stay right here on the West coast. Plenty of good beach's and dont have to contend with Fisher and the millions if not more dollars he has spent in water rights for the Atlantic side. i have seen a few videos of guys detecting on the east coast. one recently was of a guy detecting in the water in on South Beach.. Well anyhow thanks for the article and happy hunting.

 

[saltydog1733]

Why is what Jay found so big of an issue?

Another JM crony (and 1st time poster) comes to his defense! Seriously dude......you aren't going to convince anyone here.

 

[MAJesticTS]

Why is what Jay found so big of an issue?

Another JM crony (and 1st time poster) comes to his defense! Seriously dude......you aren't going to convince anyone here.

His defense? Not at all. I'm just curious as to why a small town know nothin accidental TH gets so much attention when there is reportedly more ships right around the corner. If I wanted to support JM I'd not be so willing to go after what he hasn't. I might know Jay on a personal basis, but that man has screwed me over. Maybe you should be more welcoming to new posters before trying to blame them for something.