Odyssey claims SS Mantola in Manhattan court...

[Jolly Mon]

Salvage company wants rights to shipwreck?s treasure | New York Post

http://www.shipwreck.net/ssmantola.php

Should be interesting...

 

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[seekerGH]

This is a bit confusing and will certainly be entertaining!

The confusing part is that this shipwreck is owned by the UK Govt, so why file in a US Court? This is a sovereign vessel, what exactly is Odyssey attempting?

If one has been following Odyssey, they have already worked this ship for a few months, and did not recover anything. There is about $10 million in silver, and last time, this is what they paid for the Swire Seabed to do a recovery. So to me, it looks like the Mantola is a dead item to make any profit.

Looking back at these recoveries with the Mantola and the Garisoppa, they were both part of the Commodity Wreck program the UK Govt was offering. There was quite the row on the Garisoppa, with Blue Water successfully litigating on the shipwreck against the UK Govt, to the tune of 15 million pounds. As a result, the program was stopped.

Compounding the issue, there is the pending litigation on the Garisoppa with the UK Govt claiming Odyssey overcharged them for the recovery expenses around 4 million pounds.

Given all of this history between Odyssey and the UK Govt, what exactly is the purpose of filing a lawsuit against a sovereign UK property in a NY Court?

I see many, many negative, and not a single positive outcome on this.

EDIT: https://www.pacermonitor.com/public...nc_v_The_Shipwrecked_and_Abandoned_SS_Mantola

my oh my......

 

[SADS 669]

There is no such thing as Bad or good publicity.........it's a stand alone word and they have us talking about them..."job done ".....shares go up

Ps good for all of us if treasure stays in the news.

 

[seekerGH]

The saga continues.

Now officially titled the shipwrecked and abandoned SS Mantola... WARRANT FOR ARREST OF VESSEL IN REM ISSUED as to The Shipwrecked and Abandoned SS Mantola, its cargo, apparel, tackle, and appurtenances, etc., located within a five nautical mile radius of the coordinates 49 50 16.391N, 13 06 11.767 W

https://www.pacermonitor.com/public...nc_v_The_Shipwrecked_and_Abandoned_SS_Mantola


Robert Goodwill Parliamentary Under-Secretary (Department for Transport)
"The Department for Transport holds only one salvage contract with Odyssey Marine Exploration Inc. (OMEX). This was awarded in respect of the SS Mantola on 29 September 2011 and is due to end on 29 September 2015. I have asked officials to place the relevant documentation in the Library of the House as soon as this is available from the archives."

How is the salvage contract ending amount to abandonment?

I wonder what the Commodity Wreck program people in the UK Govt think about all of this?

 

[seekerGH]

recent activity, and interesting comments from DCMS. Now I am curious if this means these wrecks that were part of the Commodity Wreck program, are no longer available because they cannot be monetized.

Kevan Jones Labour, North Durham

To ask the Secretary of State for Digital, Culture, Media and Sport, whether any salvage retrieved from SS Mantola has to comply with the UNESCO Convention on the Protection of the Underwater Cultural Heritage.

• Hansard source(Citation: HC Deb, 7 July 2017, cW)

John GlenThe Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport


The United Kingdom is not a signatory to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage, but has endorsed as good practice the rules set out in its Annex concerning activities directed at underwater cultural heritage. Now that the wreck of the SS Mantola is over 100 years old, having been sunk in Feb 1917, any salvage activities sanctioned or contracted in advance by HMG would take into account the requirements of the Convention.

 

[seekerGH]

So much for the afterglow...

NOTICE of Verified Statement of Right or Interest. Document filed by United Kingdom Department for Transport, United Kingdom Secretary of State for Transport. (Shusta, Timothy)

https://www.pacermonitor.com/public/case/21218790/Odyssey_Marine_Exploration,_Inc_v_The_Shipwrecked_and_Abandoned_SS_Mantola

 

[seekerGH]

[FONT=&quot]What in the world

MEMO ENDORSEMENT on re:[/FONT]42[FONT=&quot] Status Report filed by Odyssey Marine Exploration, Inc. ENDORSEMENT: The Court thanks counsel for this update. In light of the foregoing, the Court hereby directs the parties to submit briefing as follows: By [/FONT][FONT=&quot]March 16, 2018[/FONT][FONT=&quot], DfT shall submit a motion to dismiss. That motion should also address DfT's objections to OMEX's inquiries into the identity of the undisclosed salvor. By [/FONT][FONT=&quot]March 30, 2018[/FONT][FONT=&quot], OMEX shall file its brief in opposition to the motion to dismiss. That brief should also address OMEX's claim to take discovery of DfT as to the identity of the undisclosed salvor. By [/FONT][FONT=&quot]April 13, 2018[/FONT][FONT=&quot], DfT shall file its reply. SO ORDERED. (Motions due by [/FONT][FONT=&quot]3/16/2018[/FONT][FONT=&quot]. Responses due by [/FONT][FONT=&quot]3/30/2018[/FONT][FONT=&quot]. Replies due by [/FONT][FONT=&quot]4/13/2018[/FONT][FONT=&quot].) (Signed by Judge Paul A. Engelmayer on [/FONT][FONT=&quot]2/16/2018[/FONT][FONT=&quot]) (anc)[/FONT]

 

[ARC]

8,260 GTon passenger steamer, built 1916 by Barclay Curle & Co. sank around February 9, 1917 during WW I.

536 silver bars each 1,000 ounces.

The cargo thought to be covered by WRI... (War Risk Insurance).

DFT claimed ownership of the cargo... (Department for Transportation)

Odyssey agreement for salvage of cargo for 80% of the value of the silver.

Agreement lapsed Sep 2015.

Center cords... 49° 50’ 16.391”N, 13° 06’ 11.767” W

 

[seekerGH]

Looks like DfT issued Odyssey a permit to recover the wreck under the commodity program. They worked it for a few weeks and did not find any silver. The permit expired. A few years later, Odyssey filed an Admiralty Arrest on the wreck in US Court (even though ownership was known)

This latest Court ruling makes it appear that DfT allowed a different salvor to work the wreck, (which odyssey is trying to figure out who it is)as well as seeking to deny the Admiralty Arrest. Odyssey tried this before with the Cairn Hill and Laconia, (even though another salvor was working the wrecks for DfT) and it didnt work, so why try again?

 

[seekerGH]

Interesting. The DfT had another salvor work the Mantola, and that salvor found silver, which is now with the ROW.

My oh my....

 

[huntsman53]

One wonders if DfT contracted with another salvor to salvage the Silver off the Mantola after issuing the permit to Odyssey to salvage the same??!! If some States and even Officials from other Countries are going to continually commit Breach of Contract with Salvage companies and when the salvaged ship is Spanish with the finds often awarded to Spain, the day will soon come when nothing will be salvaged from the deep or at least legally.

 

[seekerGH]

Huntman, the contract between DfT and Odyssey expired Sep 2015

 

[huntsman53]

Huntsman, the contract between DfT and Odyssey expired Sep 2015

Yeah but the question is, when did DfT contract with the other Salvor and when did that said Salvor salvage the Silver from the SS Mantola??!! Seeing that Odyssey did not find any Silver, it leads one to believe that the other Salvor salvaged the Silver off the Mantola before Odyssey could get to it. Now, was that before Oyssey received the Salvage Permit or after and if there was a Discovery Permit issued to Odyssey, was the Silver salvaged after Odyssey applied for the Salvage Permit after finding the Mantola and likely disclosing her whereabouts?? Also, if the other Salvor received a Salvage Permit for the Mantola and salvaged the Silver bars off it before Odyssey applied for either a Discovery or Salvage Permit, don't you think that DfT should have disclosed that tidbit of information? Otherwise, Odyssey was just spinning their' wheels or in this case props and wasting time and money! It seems to me that Odyssey's Lawyers and the Judge need answers to all of these questions!!

 

[PDY25]

Odyssey is alleging that the silver was salvaged from May-September of 2015 and then wet stored nearby until 2017 when it was raised and delivered to the ROW. Odyssey had the salvage contract until Sept 30 2015. They are not alleging that the Dft had a contract with another Salvor but they are suing the Dft to try and find out the other salvors name. They allege that the Salvor used the same vessel and crew, the Swire Seabed Explorer, to complete this salvage. Swire was under a non disclosure agreement at the time.

 

[huntsman53]

Odyssey is alleging that the silver was salvaged from May-September of 2015 and then wet stored nearby until 2017 when it was raised and delivered to the ROW. Odyssey had the salvage contract until Sept 30 2015. They are not alleging that the Dft had a contract with another Salvor but they are suing the Dft to try and find out the other salvors name. They allege that the Salvor used the same vessel and crew, the Swire Seabed Explorer, to complete this salvage. Swire was under a non disclosure agreement at the time.

Thanks for this information! It seems that maybe Odyssey should allege and if found to be the case that the Dft did contract with another Salvor while Odyssey had all legal rights to salvage the Silver on the Mantola per the issued Salvage Permit, then this should be included in the Court proceedings. If these are factual and correct, then would not Odyssey have every right to sue both the Dft and the as of now, unknown Salvor Company for expenses and losses resulting in recovery of valuable cargo that was already salvaged as a result of a Breech of Contract by the Dft?

By the way, welcome to Treasure Net!

 

[seekerGH]

They are not alleging that the Dft had a contract with another Salvor but they are suing the Dft to try and find out the other salvors name.

Odyssey is not suing to find this out, they asked this as a question in Admiralty Court. Odyssey filed an Admiralty Arrest on the ship, (whos owner is well known) with the assumption that since the DfT stopped the Commodity Wreck program, the vessels were therefore abandoned.

Note the Admiralty Arrest claim by odyssey “The Shipwrecked and Abandoned SS Mantola”

 

[PDY25]

The Dft wrote in their response to Odyssey that this is "a fishing expedition into matters involving the identity of subsequent salvors," and that since Odyssey has not worked the site since 2013 and has no plans to work the site again that the "purpose of the case is discovery rather than seeking a salvage award."

Odyssey thinks that the wreck was salvaged while under contract to them through the Commodity Wreck program using the ship and crew they had previously used on their expedition. They are trying to figure out who did this. For what other reason would they be seeking an Admiralty Arrest claim on a ship that contains nothing more of value? I don't know too much about this stuff, so if I am misunderstanding what's going on here please explain. Thanks.

 

[seekerGH]

That is an interesting take, Odyssey claiming another secret treasure, and doesnt surprise me too much, given Odysseys legal 'expertise' in Court.(adding yet another one to the loss column)
Fortunately, (or unfortunately) Odyssey has a history of filing Admiralty Arrests on DfT Commodity Wrecks, even when other salvors were actively working them, so I guessed it was more of the same.


Aside from the sideshow, if that was the case, you would not file an Admiralty Arrest in a US Court to figure out if the UK Govt violated a Contract.

 

[PDY25]

I don't think Odyssey is claiming that the DfT violated a contract or that there is any secret cargo this time. The Dft was unaware that anyone was working the Mantola until a salvor turned in the silver bars to the RoW in April 2017. Odyssey is claiming that the silver bars were salvaged while they had the exclusive right to work the ship and that they are therefore entitled to a salvage award or damages from the Salvor and/or Swire.

 

[seekerGH]

ahhh, I didnt mean a secret cargo, but a secret recovery. I suppose it is possible, although the contract was well known, and I really dont think anyone would risk the cost of the Swire Seabed and recover when they could not. That would not be an easy ship to hide!
Cant tell if that question was stricken from the record or not.
Thanx for the information.