“The court’s order is flawed both procedurally and substantively. It should be noted that the same court in Pesaro dismissed an earlier case in 2007 in which the same prosecutor claimed the Statue of a Victorious Youth belonged to Italy. In that case, the judge held that the statute of limitations had long since expired, that there was no one to prosecute under Italian law, and that the Getty was to be considered a good faith owner.
In fact, no Italian court has ever found any person guilty of any criminal activity in connection with the export or sale of the statue. To the contrary, Italy’s highest court, the Court of Cassation, held more than four decades ago that the possession by the original owners ‘did not constitute a crime.’
The Getty will appeal the Pesaro court’s order to the Court of Cassation in Rome and will vigorously defend its legal ownership of the statue.”