The legal dispute over an ancient Khmer statue at Sotheby’s
could have lasting implications for the sale of ancient art in
the United States. For those catching up on the case: Sotheby’s
New York was poised to put the 10th century temple warrior up
for auction in 2010 with an estimated value of $3 million. But
shortly before the bidding started, Cambodia claimed the statue
had been looted from the ruins of a Khmer temple at Koh Ker,
where the statue’s feet were found in 2007. In April, federal
agents sought to seize the statue on behalf of Cambodia. A judge
ordered the statue to remain at Sothebys while the two parties
argue the case in court. Sotheby’s filed a motion to dismiss in
June and now the government has responded, attaching
declarations from two legal experts to support its case. (See
below for the complete filings.) At the heart of the case are
familiar questions: What level of evidence is needed to
establish when and how an object was illicitly removed from its
borders? What amount of due diligenc