MIAMI (CN) - An attorney for the Bolivarian Republic of Venezuela asked the 11th Circuit Court of Appeals on Thursday to reverse a $17 million judgment against the country over the theft of a Florida man's collection of Simon Bolivar artifacts.
The long-running dispute began in 2007 when Ricardo Devengoechea lent relics, signed letters and historical documents owned by Bolivar to Venezuela during the reign of then-president Hugo Chavez.
The collection of revolutionary leader Simon Bolivar, which included a Liberation Medal from Peru and a lock of his hair, was sought by Hugo Chavez to confirm Venezuela held Bolivar's remains through DNA testing.
Years later, Venezuela failed to return the collection to Devengoechea, leading him to file a lawsuit in U.S. federal court in Miami. After repeated delays and no-show attorneys, U.S. District Judge Paul Huck ruled in Devengoechea's favor.
During Thursday's oral arguments, Venezuela's lawyer Claire Delelle argued that those who negotiated for the collection, including then-Vice President's Office official Delcy Rodriguez, were not authorized to represent the country.
"There is nothing about that title that indicates authority to bind the republic to any contract, much less the contract as alleged," Delelle told the three-judge panel.
U.S. Circuit Judge Robin S. Rosenbaum, a Barack Obama appointee, pushed back against the attorney's claims, pointing to Rodriguez arranging for a private jet to take Devengoechea back to Florida to gather his collection and a 24-hour turnaround for a visa back to Venezuela.
"We would otherwise have to find clearly erroneous the district court's judgment that she was acting with authority, but instead believing she went on a lark and took a Venezuelan jet along with other people to the United States to negotiate for these items, and then arrange somehow for Mr. Devengoechea to get an expedited passport and then return back," Rosenbaum said.
Delelle countered that the official flew "with private individuals who were making a documentary on Simon Bolivar."
"There is no evidence of her authority to bind the republic," she repeated.
Max Price, representing Devengoechea, latched onto the judge's comments about who in the Venezuelan government had the authority to borrow the artifacts.
"At the end of the day, we have something called ratification," Price said. "These individuals are capable of communicating with President Hugo Chavez, who says get Mr. Devengoechea, I want him at the presidential home, I want the entire collection and they deliver him to Hugo Chavez. And guess when the last time that collection was ever seen? In the home of Hugo Chavez."
Price continued, his voice rising.
"They had authority, certainly Hugo Chavez, the president of this country, certainly had authority," he said. "And at the end of the day, you know who has that collection? Venezuela. They have not returned the collection. They have not paid for it. But they used deception to get a wide-eyed individual to go down to Venezuela with that collection, and they stole it."
U.S. Circuit Judges Elizabeth L. Branch, appointed by Donald Trump, and Embry J. Kidd, appointed by Joe Biden, also sat on the panel.
The judges did not indicate when they would reach a decision in the case.
Source: Courthouse News Service















