This section contains the nature of the case and procedural background.

Egyptian Law 117 provides that, as of 1983, all Egyptian 'antiquities' - that is, objects over a century old having archeological or historical importance - 'are considered to be public property,' that is, property of the state. D and one or more co-conspirators arranged to steal highly valuable ancient Egyptian artifacts - including a million-dollar head of Amenhotep III - and 'fence' them in New York. D was indicted for a conspiracy to violate section 2315 of Title 18, United States Code, which provides, in pertinent part, that 'whoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, or merchandise … which have crossed a State or United States boundary after being stolen … knowing the same to have been stolen … [is guilty of a crime] (receiving stolen property)' D moved to quash the indictment.

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