I doubt you’ll ever get an answer from Spain Ivan but I’ll give you my view of things if it might help. Spain offered in two or perhaps more occasions to indemnify the merchants who lost their cargo and money aboard the Mercedes, this is true. Several individuals came forth and filed their claims but none were paid as there was not one single proof of this presented to the courts by Spain, not one receipt was filed.
The core issue in this court case is one Ivan and one alone and it is that Spain is trying (and is very close to succeeding) to acquire title, by ways of a legal precedent in a US court, to all of its colonial era wrecks in American waters and elsewhere but also all private cargo onboard. This is being done openly as a state policy by masking its pretenses under the venerable concept of “sovereign immunity”, a concept which all naval powers consider to be the most sacred of naval principles that is indispensable to protect its ships safe from enemy nations. Spain never said that it acquired those coins that belonged to the private merchants because it didn’t, there is a much simpler method. If Spain were to prove that the Mercedes was sunk on a military mission, the US courts could not assume jurisdiction over the case. That’s what has happened so far. Neither the Tampa court nor the Atlanta appellate court have said the coins belong to Spain Ivan, all they have said is that they have no jurisdiction over the Mercedes as it was a sovereign immune ship on a military mission. Spain contends that the Mercedes was a military state ship on a military mission and if this was so…the coins are theirs. Now if the Mercedes was on a military ship on a commercial mission (which is what really happened) then the US courts do have jurisdiction and the king owns 24% of the coins and the merchants 76%, according to the ships manifest.
The bizarre thing that is going on here Ivan is that Peru, Odyssey and the descendants have until the 27th (9 days) to file their appeal to the Supreme Court and Spain will more likely than not have the coins out of the Country before that date. Now here is the tricky part, if in the hypothetical case that the Supreme Court decides to hear the case and the coins are out of its jurisdiction, has justice been served? Has the appellate process so fundamental to the US judicial system been denied to Peru, Odyssey and the descendants? One would certainly think so. Grounds for appeal include errors of law, procedure or errors of fact and all indications after a thorough study of the historical facts of the Mercedes leads one to believe that an appeal would certainly overturn the previous verdicts but with the coins long gone, there can be no justice to the claimants.
Panfilo