## Facts

- A lunar sample and display plaque were recovered during a NASA mission and, in 1973, were gifted by the United States to the government and people of Honduras as a diplomatic goodwill item.
- The display was kept at the Honduran presidential palace and disappeared between approximately 1990 and 1994 amid governmental turnover.
- No competent evidence showed any lawful authorization, decree, or legislative act permitting removal or transfer of the items from Honduran state custody.
- Alan Rosen learned in Honduras that a retired Honduran military colonel was offering a “moon rock” for sale; Rosen ultimately purchased the lucite ball and plaque in 1995 for $50,000 through an intermediary.
- Rosen sought scientific verification; examinations confirmed the material was consistent with lunar material from Apollo-era missions.
- In 1998, U.S. agents conducted an undercover operation after learning Rosen sought to sell the item for millions of dollars; Rosen brought the items to a meeting in Miami.
- A seizure warrant issued, U.S. Customs seized the items, and Honduras formally requested their return.
- Expert testimony on Honduran law established that such a state gift became national property for public use, inalienable absent specific legislative authorization.
- Evidence showed Rosen treated the transaction as sensitive and attempted to obscure the Honduran origin in discussions with potential buyers and undercover agents.

## Issues

1. Whether the lucite ball containing lunar material and the plaque were “stolen, smuggled, or clandestinely imported or introduced” into the United States and thus forfeitable under 19 U.S.C. § 1595a(c)(1)(A).
2. Whether, under Honduran law, the items were inalienable state property such that their removal from the presidential palace and subsequent private sale constituted theft.
3. Whether Rosen could defeat forfeiture by claiming good-faith purchase or otherwise show a lawful chain of title superior to Honduras’s ownership.

## Decision

- After a bench trial, the court entered judgment for the United States and ordered forfeiture of the items.
- The court found the moon rock and plaque belonged to Honduras as inalienable national property for public use.
- The court found the items were taken from Honduran custody without lawful authority and therefore were stolen property.
- Because the items were stolen when brought into the United States, they were subject to forfeiture under 19 U.S.C. § 1595a(c)(1)(A).
- Rosen failed to establish any lawful transfer from Honduras or any valid title defeating the government’s forfeiture claim.

## Legal Principles

- Under 19 U.S.C. § 1595a(c)(1)(A), merchandise introduced into the United States is forfeitable if it is stolen at the time of introduction; separate proof of additional smuggling conduct is not required when the statutory “stolen” condition is met.
- Foreign law may determine ownership and whether property is “stolen” for purposes of U.S. forfeiture when the alleged theft occurred abroad and the property was later introduced into the United States.
- National property for public use that is inalienable under the source country’s law cannot be validly transferred into private hands absent the required governmental authorization; any purported private sale is void.
- A purchaser cannot acquire good title from a thief; claimed good faith does not cure a defective chain of title grounded in theft.
- In civil forfeiture practice under this statute, the government must make an initial showing supporting forfeiture, after which the claimant must rebut that showing or prove a superior lawful interest.

## Conclusion

The court ordered forfeiture because the Honduran goodwill moon rock display was inalienable Honduran state property, was taken from official custody without authorization, remained stolen when brought into the United States, and could not be lawfully owned by a private purchaser.


United States v. One Lucite Ball Containing Lunar Material, 252 F. Supp. 2d 1367 (S.D. Fla. 2003)