Eleventh Circuit Court of Appeals - Published Opinions

Thursday, March 11, 2010

Ternus: Stolen paintings conviction upheld

In U.S. v. Ternus, No. 07-14708 (March 2, 2010), the Court affirmed Ternus’ conviction for conspiracy to transport in interstate commerce stolen goods, in violation of 18 U.S.C. §§ 371 and 2314. The case involved four paintings stolen from a museum in Nice, France.

The Court rejected the argument that there was insufficient evidence that Ternus intended to transport the paintings in foreign commerce. The Court noted that Ternus pled guilty to the charge, including its jurisdictional element.

The Court also rejected the argument that the district court erred in accepting his guilty plea because of the lack of evidence on the jurisdictional element, pointing out that Ternus’ plan was for the paintings were to be brought to the United States.