United States v. One Oil Painting Entitled "Femme en Blanc" by Picasso

ORDER DENYING CLAIMANT’S MOTION TO DISMISS COMPLAINT FOR FORFEITURE AND ORDER DENYING CLAIMANT’S MOTION TO TRANSFER ORDER DENYING MOTION TO DISMISS CROSS-COMPLAINT OF THOMAS BEN-NIGSON

This matter is before the Court on Claimant Marilynn Alsdorfs (“Alsdorf’) Motion to Dismiss Complaint for Forfeiture. or Alternatively to Transfer Case (docket no. 24), filed December 13, 2004, and Alsdorfs Motion to Dismiss Cross-Complaint (docket no. 31), filed January 20, 2005. The Court has read and considered the moving, opposition, reply, and sur-reply documents submitted in connection with this motion. Following oral argument on March 28, 2005, the Court took this matter under submission. For the reasons and in the manner set forth below, the Court hereby DENIES the motion to dismiss and to transfer. The Court DENIES the motion to dismiss the cross-complaint.

I. Background

This civil forfeiture action concerns an oil painting entitled “Femme en Blanc,” which was allegedly stolen from its owner by the Nazis during World War II. The following summary is based on the Government’s allegations.

The painting was created by Pablo Picasso in 1922. Complaint for Forfeiture (“Compl.”), at ¶ 4. In…