In Schultz We Trust: The Future of Criminal Prosecution for Importers of Illicit Cultural Property Under the National Stolen Property Act

Authors

• Robert S. Schwartz

Abstract

The National Stolen Property Act (NSPA) is a cornerstone in prosecuting individuals involved in the illegal trade of cultural property, though its effectiveness is constrained by the requirement that source countries nationalize ownership of their cultural heritage. The Cultural Property Implementation Act (CPIA), as the U.S. implementation of the 1970 UNESCO Convention, introduces a certification system and criminal penalties for document falsification, potentially overlapping with the NSPA. The interplay between these laws, particularly in cases like *United States v. McClain* and *United States v. Schultz*, shapes the future of criminal prosecutions in cultural property cases, emphasizing the need to address evidentiary challenges and clarify legal frameworks to combat the illicit antiquities trade effectively.

Disciplines

Courts | Law | Law and Society

Recommended Citation

Robert S. Schwartz, In Schultz We Trust: The Future of Criminal Prosecution for Importers of Illicit Cultural Property Under the National Stolen Property Act, 11 Cardozo J. Int'l & Comp. L. 211 (2003).
Available at: https://larc.cardozo.yu.edu/cjicl/vol11/iss1/8