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It Belongs in a Museum…in Brazil
How a US law firm helped bring back an illegally exported emerald to Brazil.
BY JOHN NADOLENCO
We repatriated the 840-pound Bahia Emerald back to Brazil—a legal battle more than two decades in the making.
Two Decades in the Making
The emerald was excavated in 2001 from a mine in the Carnaíba mountain range of Bahia, Brazil, and illegally smuggled into the United States.
Brazil’s constitution states that all mining assets in the country belong to Brazil unless excavated with the proper permits, which the miners who extracted the Bahia emerald did not have.
A ‘Cursed’ Emerald
One of the smugglers said he was attacked by a panther. Once in the US, the gem was nearly lost in the flooding of Hurricane Katrina, then supposedly nearly sold to Bernie Madoff, before ending up in an LA County Sheriff storage unit.
A string of dubious claims—and verified bad luck—among would-be claimants led to rumors about whether the gem was plagued by something worse than international law enforcement.
Returning the Slab
The Brazilian government reached out to a Mayer Brown partner. Initially thinking it was a hoax, he flew to the capitol of Brasilia to meet with the Brazilian federal government.
Ultimately, the firm’s strong track record and key team members worked hard to repatriate the Emerald.
Breaking the Curse
We helped secure a restraining order to keep the Bahia emerald in the US while criminal proceedings unfolded in Brazil.
Mayer Brown worked with the US Federal Government to create the Mutual Legal Assistance Treaty.
Homeward Bound
Under the treaty, Brazil was allowed to demand the return of the emerald. US District Judge Reggie Walton determined that Brazil’s rightful ownership of the smuggled gemstone outweighed any other claims of ownership.
This wasn’t just a legal case. This was part of Brazilian heritage that had been stolen. They felt wronged, and they wanted it back. It belongs in a museum in Brazil where everyone can enjoy it, not locked away in a private collection.
John Nadolenco is the Managing Partner of Mayer Brown’s Los Angeles office. His civil litigation and trial practice focuses on high-stakes cases and class-action defense.
This overview was originally published by Mayer Brown. Republished with permission from Mayer Brown.
