Indictments in Customs case

Two dealers and one collector living in the United States, and one dealer in the UAE, have been indicted by a Grand Jury in U.S. District Court - Eastern District of New York on charges related to violations of Customs laws.  The extent of the violations are detailed in an ICE announcement and in documents filed as Case 1:11-cr-00340-ERK filed 05/04/11.  The indictment was sealed until recently as the investigation was apparently continuing.  Mousa (Morris) Khouli is an American citizen operating under the business name Windsor Antiquities.  Salem Alshdaifat reportedly holds dual citizenship in Jordan and Canada and is operating as Holyland Numismatics in the U.S. under permit.  A third dealer, Ayman Ramadan, based in Dubai, UAE, was also indicted as was an American collector, Joseph A. Lewis II.

The essence of the charges leading to this multiple count indictment is that Mr. Lewis was a customer of Mr. Khouli and that Mr. Khouli is alleged to have acquired through Mr. Alshdaifat and/or Mr. Ramadan, for Mr. Lewis, several ancient objects of Egyptian origin.  In the process, the individuals are jointly charged with violating several laws or rules related to the importation of these objects (conspiracy to smuggle).  They are also charged with money laundering conspiracy as funds were allegedly transferred outside of the U.S. during these transactions.  There were not any charges brought under any cultural heritage or patrimony laws or agreements, nor were any violations of the National Stolen Property Act cited.   Since Khouli and Alshdaifat are well known within the numismatic community, it is obviously distressing to those who know and have worked with them in some respect.

The U.S. judicial system will decide the final outcome of these charges and it is pointless for us as casual but interested observers to speculate about that outcome.  Of course, there are anti-collecting advocates prancing in glee over this indictment—that is not any great surprise and is hardly worthy of note.  It is, however, worth noting that the press and Customs officials quoted in the press have already sensationalized this case.

For example, an article in the Wall Street Journal quoted Egyptian antiquities minister Zahi Hawass as saying "This is one of the largest and most significant cases of antiquities smuggling in recent memory."  That is a far reach, even for the Grand Poobah who may perhaps be forgiven for having senior moments.  The WSJ article also quoted James T. Hayes, special agent in charge of the custom service's Homeland Security Investigations unit in New York.  Mr. Hayes said "It's a breakthrough case, eye-opening for us...We had not yet seen a for-profit network [dedicated to smuggling antiquities]."  The comment is a bit cryptic, but also very enlightening.  It is an outright admission that smuggling by the antiquities trade in America's most active port for this trade is so rare that Homeland Security agents had never seen a case.  Elsewhere in the WSJ article, we read "Mr. Hayes said trafficked antiquities usually have been looted or stolen from their rightful owners."  Taken at face value, and especially in contrast to the immediately previous comment by Mr. Hayes, those words reflect a distinct bias against the legitimate antiquities trade.  It suggests a sort of profiling, that is inappropriate in law enforcement or in government service of any kind.  One has to wonder when the last AIA propaganda [they call it training] session was held at the NY office of Homeland Security.

The facts of this case will be presented and the evidence will be weighed.  If it is determined that a crime was committed, the court will decide what action is necessary under law to serve the cause of justice.  In fairness to all concerned, we should let that process work.