Full opinion text
OPINION and ORDER LORETTA A. PRESKA, Chief Judge. This protracted dispute stems from the alleged theft of Portrait of Wally (“Wally ” or “the Painting”), a painting by renowned Austrian artist Egon Schiele, from Lea Bondi Jaray (“Bondi”). The Government, and Bondi’s Estate (the “Estate”), contend that after the Germans occupied Austria in 1938, Friedrich Welz, a Nazi, stole Wally from Bondi, a Jewish owner of a Viennese art gallery, and the Painting has remained stolen property ever since. The Government and the Estate further assert that claimant the Leopold Museum (the “Museum”), knowing Wally was stolen or converted, nonetheless shipped it into this country in violation of the National Stolen Property Act (“NSPA”), 18 U.S.C. § 2314 (1994), thereby rendering the Painting subject to civil forfeiture pursuant to 18 U.S.C. § 545, 19 U.S.C. § 1595(a) (c), and 22 U.S.C. § 401(a). All parties now move for summary judgment. The Museum seeks an order striking the Seizure Warrant whereby Wally was seized at the outset of this action, granting the Museum’s claim to Wally, and releasing the Painting to the Museum. (Dkt. no. 219). The Government and the Estate seek a judgment declaring Wally forfeit. (Dkt. no. 257.) I conclude that there is a triable issue of fact as to whether Dr. Leopold, and thus the Museum, knew that Wally was stolen when they imported it to the United States. Accordingly, both motions are DENIED. 1. BACKGROUND A. Factual Backround Egon Schiele painted Wally in 1912. (Joint 56.1 Stmt. ¶ 2.) The oil-on-wood painting measures 32.7 x 39.8 cm and depicts Valerie Neuzil, Schiele’s primary-model and his lover from about 1911 until he married Edith Anna Harms in 1915. (Id. ¶¶ 3-4, 47; Third Am. V. Compl. ¶ 1.) The artist inscribed only “EGON SCHIELE, 1912” on the work. (LM 56.1 Stmt ¶ 16; Third Am. V. Compl. ¶ 1.) In the decades following World War II, Schiele became one of the most prominent Austrian artists of the twentieth century. (LM Counter 56.1 Stmt. ¶ 5.) Hence, in 2002, the Painting was valued in excess of $2 million. (Joint 56.1 Stmt. ¶ 137.) Bondi, an Austrian Jew and owner of an art gallery in Vienna (the “Würthle Gallery”) acquired Wally some time before 1925. (Joint 56.1 Stmt. ¶¶ 6-8.) Thereafter, although she occasionally showed it in exhibitions, Bondi primarily kept Wally hanging in her own apartment. (Id. ¶ 10.) In 1937, because of financial difficulties, she began negotiating the sale of the Würthle Gallery to Friedrich Welz (‘Welz”). (LM 56.1 Stmt. ¶ 2.) However, the parties failed to reach an agreement at that time. (Id.) In March of 1938, in what is known as the Anschluss, German troops occupied Austria and annexed it to Germany. (Joint 56.1 Stmt. ¶ 11.) Pursuant to German Aryanization laws prohibiting Jews from owning businesses, the Würthle Gallery was designated as “non-Aryan” and subject to confiscation. (Id. ¶ 14; Joint Counter 56.1 Stmt. ¶ 3.) Around March 13, 1938, Bondi reopened negotiations for the sale of the Würthle Gallery to Welz. (Joint Counter 56.1 Stmt. ¶ 3.) She ultimately sold it to him for 13,550 Reichsmarks. (LM 56.1 Stmt. ¶ 4.; 3/10/08 Levin Decl. Ex. 11 at LM 1662.) While the Government and the Museum dispute whether this transaction was voluntary, there is no doubt that Welz became an official member of the National Socialist German Workers, or Nazi, Party shortly thereafter. (Joint Counter 56.1 Stmt. ¶ 4; Joint 56.1 Stmt. ¶¶ 15-16.) He subsequently obtained permission to Aryanize the Würthle Gallery on March 15, 1939. (Joint 56.1 Stmt. ¶ 13.) The following month, Bondi and her husband emigrated to England. (LM Counter 56.1 Stmt. ¶ 20; LM 56.1 Stmt. ¶ 1.) i) Wally transferred to Welz The circumstances under which Welz gained possession of the Painting are hotly contested. The Government contends that in 1939, on the eve of Bondi’s escape to England, Welz went to her apartment to discuss the Würthle Gallery. (Joint 56.1 Stmt. ¶¶ 17, 20.) He saw Wally hanging on the wall and demanded that Bondi hand it over. (Id. ¶ 18.) She resisted, explaining that the Painting was part of her private collection and had never been part of the gallery. (Id.) However, she ultimately relented at the behest of her husband, who reminded her that they intended to flee Austria and that Welz could prevent their escape. (Id.) Welz did not compensate her for the Painting. (Id. ¶ 19.) The Museum, on the other hand, raises a host of evidentiary objections to the Government’s narrative, discussed in Part II(B)(ii)(2)(b) infra, contending that it is pure fiction. The Museum maintains, and the Government disputes, that Bondi sold Wally to Welz as part of the Würthle Gallery in 1938, more than a year before she left for England, in exchange for 200 Reichsmarks. (LM 56.1 Stmt. ¶ 5; LM Counter 56.1 Stmt. ¶¶ 18-19.) ii. Welz acquires Schiele works from the Riegers In 1938, Dr. Heinrich Reiger, a Jewish dentist and well-known collector of Schiele’s works, approached Welz to negotiate the sale of his art collection to finance his emigration from Austria. (LM 56.1 Stmt. ¶¶ 11-12.) In or about 1939 or 1940, Welz acquired Schiele drawings and paintings from Dr. Rieger. (Joint 56.1 Stmt. ¶¶ 21-23.) Dr. Reiger and his wife, Berta, did not escape the Holocaust; they died in the Theresienstadt concentration camp in or about 1942. (Joint 56.1 Stmt. ¶ 25.) in. United States forces gain possession of Wally United States forces occupied Austria in May 1945, after the end of World War II in Europe. (Joint 56.1 Stmt. ¶ 26.) They arrested and detained Welz for approximately two years. (3/10/08 Levin Decl. Ex. 11 at LM 0584.) They also seized Welz’s property, including artworks he acquired from Bondi and the Rieger collection. (See Joint 56.1 Stmt. ¶ 33; 3/10/08 Levin Decl. Ex. 11 at LM 0584.) While the parties dispute the timing and circumstances of the seizure (LM 56.1 Stmt. ¶ 14; Joint 56.1 Stmt. ¶¶ 32-33), they acknowledge that, by military decree, United States forces were authorized to seize various categories of property, including property belonging to the Third Reich, Austrian Public Institutions, and all persons detained by the military. (Joint 56.1 Stmt. ¶ 27.) Nor do they dispute that Wally was among the seized property. (LM Counter 56.1 Stmt. ¶ 32.) United States Forces in Germany and Austria were directed to restore works of art that had been taken from Austria by Germany or from other countries into Austria or Germany “to the government of the country from which it was taken or acquired in any way ... upon submission of satisfactory proof of its identifiability by the claimant government.” (Joint 56.1 Stmt. ¶ 28.) The Reparations, Deliveries, and Restitution Division (“RDR”) of the U.S. Forces was charged with executing this task. (Id. ¶ 30.) On or about May 16, 1947, Robert Rieger, Dr. Rieger’s son, engaged attorneys Dr. Oskar Mueller (“Mueller”) and Dr. Christian Broda (“Broda”) to help him and his niece, Tanna Berger (collectively, the “Rieger heirs”), recover property the Nazis had taken from their family. (Id. ¶¶ 43-44.) Broda wrote to the RDR, requesting that it prevent Welz from reacquiring or hiding art he had obtained from the Rieger collection, including Schiele works identified as “Liebespaar” (“Lovers”), “Kardinal und Nonne” (“Cardinal and Nun”) and “Bildnis seiner Frau” (“Portrait of His Wife”). (Id. ¶ 48.) Broda’s letter made no explicit reference to a Schiele painting called “Portrait of Wally” or depicting Valerie Neuzil. (See id.) iv. United States Forces Deliver Wally to the BDA Broda also wrote to Dr. Otto von Demus (“Demus”), Director of the Bundesdenkmalamt, the Austrian Federal Office for the Preservation of Historical Monuments (the “BDA”), seeking that entity’s assistance in locating Rieger’s Schiele collection. (Id. ¶49.) He attached a preliminary list of artworks, which included a painting entitled “Bildnis seiner Frau” (“Portrait of His Wife”) but none entitled “Portrait of Wally” or described as depicting Valerie Neuzil. (Id.) In August of 1947, Mueller also wrote the BDA, noting that several Schiele works, including “Portrait of his Wife,” remained missing. (Id. ¶ 50.) In November of 1947, the RDR reported that it had possession of several “paintings” claimed by the Rieger heirs, including “Embrace,” “Cardinal and Nun,” and “His Wife’s Portrait” by Egon Schiele. (Id. ¶ 51; see also 3/10/08 Levin Decl. Ex. 11 at LM 0589-0590.) On or about December 4,1947, it released fourteen “paintings” United States forces had seized from Welz to the BDA, as representative of the government of Austria, in an agreement (the “Receipt and Agreement”) whereby the BDA agreed to “h[o]ld [them] as Custodians pending the determination of the lawful owners thereof.” (Joint 56.1 Stmt. ¶ 52; 3/10/08 Levin Decl. Ex. 11 at LM 0211.) The three Schiele paintings listed in the schedule attached to the Receipt and Agreement are “Embrace,” “Cardinal and Nun,” and “His Wife’s Portrait.” (3/10/08 Levin Decl. Ex. 11 at LM 0213.) They are described as “[pointings purchased during the war by Frederic Weis, Salzburg, from the confiscated collection of Dr. Heinrich Reiger (deceased), former Jew of Vienna, and recovered from his collection in Salzburg.” (Id.) Wally was among the paintings the RDR delivered to the BDA at this time. (Joint 56.1 Stmt. ¶ 55; LM 56.1 Stmt. ¶ 24.) The Museum contends that the painting referred to as “His Wife’s Portrait” in the Receipt and Agreement was Wally. (LM Counter 56.1 Stmt. ¶ 52.) It does not, however, offer any justification for viewing Wally as having been part of the Rieger collection. The Government, on the other hand, argues that “Portrait of His Wife” refers to an entirely different artwork, a drawing rather than a painting, and the RDR delivered Wally by mistake. (Joint 56.1 Stmt. ¶ 55.) Yet it does not identify another Schiele artwork to which “Portrait of his Wife” might have referred. It is undisputed that approximately one month after the transfer, James Garrison (“Garrison”), Chief of the RDR, provided the BDA with a list of paintings confiscated from Welz that were cleared for release to the Salzburg government on December 19, 1947. (Joint 56.1 Stmt. ¶ 54.) Wally appears at number 573 of this list, followed by the parenthetical remark “this is a portrait of a woman named Vally,” described as being located at the Resident Depot in Salzburg. (Id. ¶ 54.) However, as noted above, the Painting had already been delivered to the BDA on December 4 among the paintings Welz acquired from Dr. Rieger. Around June 8, 1948, Lieutenant Colonel McKee (“McKee”) of the RDR wrote to the United States Forces, Property Control and Restitution Section, attaching a list of Rieger collection paintings acquired by Welz but still missing. (3/10/08 Levin Decl. Ex. 11 at 1282-86.) “His Wife’s Portrait” is number three on the list. (Id.) Next to this entry, McKee wrote “Released to [BDA] 4 Dec 47 but this painting is not under control unless it is identical with WALLY FROM KR UMA U. ’—Wels # 573 Weis’ records do not state acquired from Reiger and Weis says this woman was not the artist’s wife.” (3/10/08 Levin Decl. Ex. 11 at LM 1283 (emphasis in original).) McKee’s cover letter states that “inquiry will be made with the [BDA] as to whether or not ‘Vally from Krumau’ was Egon Schiele’s wife.” (Id. at LM 1282.) The BDA received McKee’s letter around June 14, 1948. (Joint 56.1 Stmt. ¶ 56.) A handwritten note on the BDA’s copy of the letter says “Dr. Demus.” (Id.) Broda and Mueller’s efforts on behalf of the Rieger heirs during this period were not limited to correspondence with the RDR and the BDA. They also initiated formal proceedings with an Austrian Restitution Commission. (See Joint 56.1 Stmt. ¶¶ 45, 57.) On or about June 26, 1948, Broda sent a letter to the BDA enclosing a “Partial Finding” of the Restitution Commission ordering Welz to return twelve works of art to the Rieger Heirs. (Joint 56.1 Stmt. ¶ 57; 3/10/08 Levin Decl. Ex. 11 at LM 1276-77.) Listed among these is “Portrait of his Wife,” described as a “drawing.” (Joint 56.1 Stmt. ¶ 57; 3/10/08 Levin Deck Ex. 11 at LM 1276-77.) There is no explicit reference to Wally. Mueller sent another letter to the BDA. on September 12, 1949, enclosing another copy of the Restitution Commission’s Partial Finding. (Joint 56.1. Stmt. ¶ 58; 3/10/08 Levin Deck Ex. 11 at LM 1266-68.) On October 28, 1949, Demus responded that the BDA possessed twelve “pictures from the possession of Dr. Rieger,” only eight of which had been identified in the Restitution Commission’s Partial Finding, among them “Portrait of his Wife.” (3/10/08 Levin Deck Ex. 11 at 001819.) He made no mention of McKee’s letter indicating that the “Portrait of his Wife” delivered to the BDA as part of the Rieger collection may actually have been “Vally from Krumau.” v. Wally Goes to the Rieger Heirs By letter dated May 10, 1950, the Austrian Federal Ministry of Finance consented to the BDA’s restitution of several “paintings,” including Schiele’s “Portrait of His Wife,” to the Rieger heirs. (RL Deck Ex. X at LM 1411.) An agent of the Rieger heirs received the artworks on July 7, 1950. (Joint 56.1 Stmt. ¶ 61; 3/10/08 Levin Deck Ex. 11 at LM 2036-37.) Although not explicitly referenced, Wally was included in the delivery. (See LM 56.1 Stmt. ¶¶ 26-27; Joint 56.1 Stmt. ¶¶ 61, 68-69.) vi. Wally Goes to the Belvedere In late 1950, the Rieger heirs negotiated the sale of art from the Rieger collection to the Osterreichische Galerie Belvedere (the “Belvedere”), a national gallery owned by the Austrian government. (Joint 56.1 Stmt. ¶¶ 65, 67.) Belvedere officials, including its Director, Dr. Garzarolli (“Garzarolli”), his deputy, Dr. Novotny (“Novotny”), and a lecturer, Dr. Balke (“Balke”), inspected the items proposed for sale on November 30, 1950. (Joint 56.1 Stmt. ¶ 68; 3/10/08 Levin Deck Ex. 11 at 000274.) Garzarolli sent a letter the next day cataloguing the items inspected by his team. (Joint 56.1 Stmt. ¶ 70.) Number three on the list is “Frauenbildnis” (“Portrait of a Woman”). {Id.) Next to this entry appears a handwritten note stating “Vally Neuzil aus Wien” (“Wally Neuzil from Vienna”). {Id. ¶ 70.) A handwritten list from the Belvedere’s files for the year 1950, signed by Balke, does not include “Portrait of a Woman” but instead lists “E. Schiele, Vally aus Krumau” (“Wally from Krumau”) at number three. {Id. ¶ 71.) In early December of 1950, Garzarolli sought permission from the Austrian Federal Ministry of Education for the Belvedere’s purchase of the artworks he, Balke, and Novotny had inspected on November 30. {Id. ¶ 75.) The Ministry approved purchase of eleven pictures, including three by Schiele described as “Umarmung” (“Embrace”), “Kardinal und Nonne” (“Cardinal and Nun”), and “Frauenbildnis” (“Portrait of a Woman”). {Id. ¶ 76.) The contract of sale between the Rieger heirs and the Belvedere, dated December 27, 1950, identifies the same three Schiele paintings. (3/10/08 Levin Decl. Ex. 11 at 000158 ILS.) Although not explicitly referenced in either the Ministry of Education approval or the contract of sale, Wally was included in the exchange. (See LM 56.1 Stmt. ¶¶ 27-28; accord Joint 56.1 Stmt. ¶¶ 69, 76-77.) vii. Bondi’s Restitution Proceeding After the war, Bondi, like the Rieger heirs, actively sought to recover property acquired by the Nazis. On her behalf, Viennese lawyer Dr. Emerich Hunna (“Hunna”) initiated a proceeding against Welz before an Austrian Restitution Commission. (See LM 56.1 Stmt. ¶ 6; Joint 56.1 Stmt. ¶ 34.) Although the exact claims and evidence she presented to the Restitution Commission are unknown, it is clear that Bondi sought return of the Wiirthle Gallery on the grounds that she had been forced to sell it due to Nazi persecution. (LM Counter 56.1 Stmt. ¶ 34; 3/10/08 Levin Decl. Ex. 11 at LM 1661-63.) In a Partial Decision rendered in March of 1948, the Restitution Commission ordered Welz to return the Wiirthle Gallery to Bondi. (3/10/08 Levin Decl. Ex. 11 at LM 1661-63.) The Commission noted that “[d]uring the course of the evidentiary procedure no facts of the case could be determined that showed that [Bondi] would have sold [the Gallery] without being persecuted due to the national socialist seizure of power.” (Id. at LM 1663.) The Commission further stated that “[Welz] did not always conduct himself in a fair and generous matter, e.g. ... when he demanded a ‘Biedermeier table and a Schiele from [Bondi].’” (Id. at LM 1661.) However, the Commission also observed that “based on the evidentiary procedure to date, [it] has not come to the conclusion that [Welz] conducted himself improperly or that he did not adhere to the rules of honest dealings.” (Id.) Another ground for this characterization of Welz’s behavior was that he “caused no difficulties for [Bondi] as he easily could have done.” (Id.) Welz appears to have unsuccessfully appealed the partial finding, relying in part on the Commission’s observation that “he had observed the rules of fair business dealings.” (3/10/08 Goldblatt Decl. Ex. 7 at LB000883; Ex. 8 at U.S. 001943.) With regard to this point, Bondi argued that Welz unfairly “beat down even the low price that I demanded.” (3/10/08 Goldblatt Decl. Ex. 7 at LB000883.) She further asserted that Welz had improperly “demand[ed] objects from [Bondi’s] private assets ..., the handover of which had never been discussed.” (Goldblatt Decl. Ex. 7 at LB000884.) The parties subsequently reached an undisclosed settlement agreement, approved by the Commission in August of 1949, by which Bondi regained possession of the Wiirthle Gallery and “all mutual claims [were] executed.” (3/10/08 Goldblatt Decl. Ex. 8 at U.S. 001943-44.) Although Bondi thus regained possession of her gallery, she never recovered Wally. viii. Bondi Meets Dr. Leopold Dr. Rudolph Leopold (“Dr. Leopold”) is an Austrian citizen and resident born in March of 1925. (Joint 56.1 Stmt. ¶79.) He began studying medicine in 1945 and earned his doctorate in 1953, when he also married his wife, Elisabeth. (Joint 56.1 Stmt. ¶ 80.) During the 1950s, he took a particular interest in Schiele’s works, acquiring a considerable number of them by 1956. (Joint 56.1 Stmt. ¶ 81.) In 1953, Dr. Leopold went to London to meet with art collector Arthur Stemmer (“Stemmer”), who told him to visit Bondi and gave him her address. (Joint 56.1 Stmt. ¶ 82.) Dr. Leopold had heard of Bondi by this time. (LM 56.1 Stmt. ¶ 36; Joint 56.1 Stmt. ¶ 83.) He knew that she was the Jewish owner of the Würthle Gallery, that she had fled Austria due to Nazi persecution, and that the gallery had been restituted to her. (Joint 56.1 Stmt. ¶ 83.) After meeting with Stemmer, Dr. Leopold visited Bondi in London and bought several artworks from her. (Joint 56.1 Stmt. ¶ 84.) Over the course of this transaction, Bondi asked Dr. Leopold where Wally was. (Joint 56.1 Stmt. ¶ 85.) Dr. Leopold knew that Bondi had owned Wally because she was listed as its owner in a 1930 art catalogue compiled by Otto Kallir (the “1930 Kallir Catalogue”). (LM 56.1 Stmt, f 37.) He told her the painting was at the Belvedere. (Joint 56.1 Stmt. ¶ 85.) According to Dr. Leopold’s 2006 deposition testimony, Bondi responded “but it is mine. Please go to the [Belvedere], get painting [sic], and then ship it to me.” (3/10/08 Levin Decl. Ex. 9, Leopold Dep. 19:17-18, Oct. 16, 2006; accord Joint 56.1 Stmt. ¶¶ 85.) The Museum asserts, and the Government disputes, that Dr. Leopold subsequently set up a meeting between Bondi and the Belvedere’s Garzarolli and, although she met with him twice, Bondi never laid claim to Wally. (Joint Counter 56.1 Stmt. ¶¶ 40-44.) The Museum also makes the contested claim that Dr. Leopold and Bondi met again in the summer of 1954, whereupon he asked her why she had not claimed Wally from the Belvedere, and she told him to “drop it.” (RL Decl. ¶ 23; Joint Counter 56.1 Stmt. ¶ 45.) ix. Dr. Leopold Acquires Wally In June of 1954, Dr. Leopold and Garzarolli discussed how Dr. Leopold might acquire “Cardinal and Nun” and Wally from the Belvedere in exchange for other paintings. (Joint 56.1 Stmt. ¶ 88.) Dr. Leopold proposed trading the Schiele painting “Rainerbub” for Wally. (Joint 56.1 Stmt. ¶ 90.) Correspondence between Dr. Leopold and the Belvedere on this topic repeatedly referenced the 1930 Kallir Catalogue, which listed Bondi as Wally’s last owner. (Joint 56.1 Stmt. ¶ 89.) At a July 12, 1954 meeting attended by Garzarolli and Novotny, the Exchange Commission of the Belvedere approved the trade. (Joint 56.1 Stmt. ¶ 91.) Minutes of the meeting refer to Wally not as “Portrait of His Wife,” but rather as “Vally aus Krumau.” (Id.) Upon the Belvedere’s application, the Austrian Federal Ministry of Education then approved the exchange of “Vally aus Krumau” for “Rainerbub.” (Joint 56.1 Stmt. ¶¶ 93-95.) This approval appears to have been rushed “[d]ue to the subsequent threat of one picture owner to withdraw his offer if the exchange were further delayed.” (3/10/08 Levin Decl. Ex. 11, LM 1816 (referring to exchange approval in July 12 minutes); see also RL Decl. Ex. F at LM 1795 (July 12 minutes).) Dr. Leopold acquired Wally on September 1, 1954. (LM 56.1 Stmt. ¶ 52A.) He did not inform Bondi of either his intention to acquire Wally or his realization of this goal. (Joint 56.1 Stmt. ¶¶ 98.) Nor did he ask the Belvedere for any documentation showing that Wally truly had been restituted to the Rieger heirs. (Joint 56.1 Stmt. ¶ 100.) x. Dr. Hunna Contacts Dr. Leopold On October 23, 1957, Hunna wrote Dr. Leopold on behalf of Bondi. (Joint 56.1 Stmt. ¶ 107; RL Decl. Ex. N at LM 3832-33.) The letter recalled the 1953 meeting of Bondi and Dr. Leopold in London, which it asserts ended with Dr. Leopold’s pledge to help Bondi recover the painting. (Id.) Hunna wrote that Bondi had just discovered that Dr. Leopold now possessed Wally and wondered whether he had acquired it from the Belvedere “based on [Bondi’s] request that [Dr. Leopold] represent her interests, and [had] just not reported this to her yet.” (Id.) “[I]n any case,” wrote Hunna, “I ask you to explain.” m Dr. Leopold responded in a letter dated October 16, 1957, saying that Hunna’s letter “concealed many important facts” and giving the following account of his 1953 meeting with Bondi and subsequent events. (RL Decl. Ex. 0 at LM 1255-56.) According to Dr. Leopold, he told Bondi to contact the Belvedere or hire an attorney, but she prevailed on him to speak personally with Belvedere representatives. (Id. at LM 1255.) He then spoke with Garzarolli, who said he “had never heard of’ Bondi’s claim and assured him that Wally had been properly restored to the Rieger heirs from whom the Belvedere had acquired it. (Id.) Dr. Leopold met Bondi in Vienna soon after his meeting with Garzaroli and again advised her to claim the painting. (Id.) Bondi herself, when Dr. Leopold met her on a second trip to London that occurred “somewhat later,” confirmed that she did not follow his advice. (Id.) Because it was “clear that [Bondi] no longer had an ownership right to [Wally ],” Dr. Leopold took the “unpleasant route of giving up something important from [his] collection” in exchange for it. (Id.) He desired Wally because he anticipated acquiring a counterpart self-portrait Schiele had painted the same year. (Id.) However, before proceeding with the exchange, Dr. Leopold again spoke with Garzarolli, who reiterated that Bondi had never claimed Wally from the Belvedere. (Id.) Hunna replied by letter dated November 12, 1957. (3/10/08 Levin Deck Ex. 11 at LM 3830-31.) He wrote that Bondi had by no means “waived her ownership right” to Wally, which had been included in the Rieger collection by mistake, and asked that Dr. Leopold return it. (Id.) Garzarolli responded on Dr. Leopold’s behalf by letter dated December 3, 1957. (RL Deck Ex. Q at LM 3829.) He wrote that the Belvedere had lawfully acquired Wally from the Rieger heirs and reiterated Dr. Leopold’s previous assertion that Bondi had never laid claim to the Painting. (Id.) After this exchange of letters, Dr. Leopold received no further communication regarding Wally from either Bondi or Hunna. (LM 56.1 Stmt. ¶ 62.) xi. Bondi’s Account of Her Efforts to Retrieve Wally Bondi died in 1969. (LM 56.1 Stmt. ¶ 1.) Based on her correspondence and an unsigned statement found in her bureau more than twenty years after her death, the Government offers the following disputed account of her post-war efforts to recover Wally. Before she met Dr. Leopold in London, Bondi saw Wally at the Belvedere and claimed it as her own but “did not receive any reply.” (3/10/08 Levin Deck Ex. 14 at U.S. 000156; see Joint 56.1 Stmt. ¶ 41.) She did not further pursue the claim because she had regained the Würthle Gallery and, apparently for business reasons, “it was not possible for [her] to quarrel with the [Belvedere].” (3/10/08 Levin Deck Ex. 14 at U.S. 000156.) In 1953, she met Dr. Leopold in London and asked him to bring her ownership to the Belvedere’s attention. (3/10/08 Levin Deck Ex. 12 at JK 000053-54.) When she subsequently discovered that Dr. Leopold had acquired Wally for himself, she asked Hunna to shame him publicly into returning the Painting, being reluctant to litigate the matter because “[i]t is probably very hard to have lawsuits in Vienna against a medical doctor residing in Vienna because the judges always take the side of the resident of Vienna, and if the lawsuit is lost, I have lost my picture forever.” (Id.) Although Bondi never filed a formal lawsuit, she continued her efforts to recover Wally. (Joint 56.1 Stmt. ¶ 116.) She sought the assistance of Otto Kallir (“Kallir”), author of the 1930 Kallir catalogue, in this endeavor, but he did not secure the Painting for her. (See id. ¶¶ 112-15.) xii. The Pre-Museum Catalogues In 1966, Kallir published a new catalogue raisonné on Schiele’s work (the “1966 Catalogue”). (Joint 56.1 Stmt. ¶ 118.) This catalogue listed Wally’s provenance as follows: Emil Toepfer, Vienna Richard Lanyi, Vienna Lea Bondi, Vienna Dr. Rudolph Leopold, Vienna (Id. ¶ 118.) Six years later, Dr. Leopold published a book entitled Egon Schiele, Gemalde Aquarelle Zeichnungen (“Egon Schiele: Paintings, Watercolours, Drawings”), which included a section with the provenance of featured paintings (the “1972 Book”). (Joint 56.1 Stmt. ¶¶ 119, 122.) For those already listed in the 1966 Kallir catalogue, the 1972 Book gave only the first and last owners unless that information needed “to be corrected or substantially supplemented.” (Joint 56.1 Stmt. ¶ 122; 5/14/09 Levin Decl. Ex. 4 at LB 000255.) The provenance for Wally lists only Emil Toepfer and “private collection, Vienna,” the latter being a reference to Dr. Leopold himself. (Joint 56.1 Stmt. ¶ 123.) There is no reference to the Rieger heirs ever having owned Wally. (Id. ¶ 125.) A 1990 catalogue raisonné on Schiele prepared by Jane Kallir, Otto Kallir’s granddaughter, likewise makes no mention of the Rieger heirs in Wally’s provenance. (LM 56.1 ¶ Stmt. ¶ 72; Joint 56.1 Stmt. ¶ 126.) xiii. The Museum Acquires Wally Dr. Leopold sold his art collection, including Wally, to the newly established Museum on August 8, 1994. (Joint 56.1 Stmt. ¶ 131; LM 56.1 Stmt. ¶ 67.) As part of that transaction, Dr. Leopold became the Museum’s “Museological Director” for life, with the power to appoint half of the Museum’s Board of Directors and his own seat on the same. (See Joint 56.1 Stmt. ¶ 132.) xiv. Dr. Leopold Revises Wally’s Provenance In 1995, the Museum prepared a catalogue for three upcoming exhibitions of its Schiele collection in Germany. (Joint 56.1 Stmt. ¶ 127; LM 56.1 Stmt. ¶ 68.) Romana Schuler, Dr. Leopold’s assistant at the Museum, suggested that the catalogue for the exhibited works be expanded to include every interim possessor to the extent available. (See LM 56.1 Stmt. ¶ 69; Joint 56.1 Stmt. ¶ 127.) The expanded provenance for Wally, which was authored by Dr. Leopold, reads as follows: Emil Toepfer, Wien Richard Lanyi, Wien Lea Bondi Jaray, Wien, spater London Heinrich Rieger, Wien Rieger, Jr., London Osterrichischee Galerie, Wien Rudolf Leopold, Wien. (Joint 56.1 Stmt. ¶ 129.) xv. Wally Enters the United States Two years later, the Museum loaned part of its Schiele collection to New York’s Museum of Modern Art (the “MOMA”). Both Dr. Leopold and the Museum’s Commercial Director, Dr. Klaus Albrecht Schroder, signed the loan agreement (the “1997 Agreement”) on its behalf. (RL Decl. Ex. T at LM 2067.) In addition to specifying agreed-upon agents for “import/export formalities” in Europe and the United States, the 1997 Agreement provided that “the transportation shall be organized by the [MOMA] ... but always by mutual agreement with, and with the consent of the [Museum].” (RL Deck Ex. T at LM 2059.) The Schiele works, including Wally, were shipped to New York in September of 1997. (Joint 56.1 Stmt. ¶ 136.) B. PROCEDURAL HISTORY The MOMA exhibited Wally from October 8, 1997 to January 4, 1998. United States v. Portrait of Wally, 105 F.Supp.2d 288, 290 (S.D.N.Y.2000) (hereafter “Wally I”). Three days after the exhibit ended, the New York District Attorney’s Office issued a subpoena for the painting, which, on September 21, 1999, the New York Court of Appeals quashed as issued in violation of Section 12.03 of New York’s Arts and Cultural Affairs Law. See Matter of the Grand Jury Subpoena Duces Tecum Served on Museum of Modern Art, 93 N.Y.2d 729, 697 N.Y.S.2d 538, 719 N.E.2d 897 (1999). United States Magistrate Judge James C. Francis IV then issued a seizure warrant for the painting, and the Government initiated this forfeiture action on September 22, 1999, alleging that the Leopold imported and/or intended to export Wally knowing it was stolen or converted. Wally I, 105 F.Supp.2d at 290. The ensuing years have seen a steady stream of motion practice in this action. On July 19, 2000, Judge Mukasey, to whom this action was originally assigned, granted the Museum’s motion to dismiss the complaint. Id. at 294. He held that under the facts as alleged in the then-operative complaint, the federal recovery doctrine, discussed in further detail at Part II(B)(ii)(3)(a) infra, precluded a finding that Wally was stolen. Id. at 292-94. The Government then moved for reconsideration and, in the alternative, for an order altering the judgment so it could file an amended complaint. Judge Mukasey denied the reconsideration motion but granted leave to amend, reasoning in part that “[t]his case involves substantial issues of public policy relating to property stolen during World War II as part of a program implemented by the German government ... [and] I am loath to decide this case without having all facts and theories considered ....” United States v. Portrait of Wally, No. 99 Civ. 9940, 2000 WL 1890403, at *1 (S.D.N.Y. Dec. 28, 2000) (hereafter “Wally II ”). The Museum and the MOMA then moved, inter alia, to dismiss the Government’s Third Amended Complaint and to dismiss or strike the claim of the Bondi heirs. On April 12, 2002, Judge Mukasey issued a detailed opinion denying these motions. United States v. Portrait of Wally, No. 99 Civ. 9940(MBM), 2002 WL 553532, at *33 (S.D.N.Y. Apr. 12, 2002) (hereafter “Wally III ”). After years of extensive discovery following the issuance of Wally III, the parties now move for summary judgment. II. DISCUSSION The Museum argues that dismissal is warranted both under the Act of State doctrine and in the interest of international comity. Should the Court reach the merits of this action, the Museum then asserts that Wally was neither stolen nor converted and, even if it were, the Museum had no knowledge to that effect. The Museum further contends that suit is barred by the equitable defense of laches and, finally, that Wally’s forfeiture would violate due process. For its part, the Government maintains that nearly all the Museum’s arguments are foreclosed by Judge Mukasey’s decision in Wally III and submits that it has adduced sufficient proof that the Museum illegally imported Wally knowing it was stolen to warrant immediate forfeiture. As explained below, I find that abstention is not warranted, there is no genuine dispute that Wally was, and remains, stolen, and the Museum’s laches defense and constitutional objections are without merit. The trier of fact must, however, determine whether Dr. Leopold, and hence the Museum, knew Wally was stolen when shipped into this country. A. Abstention Doctrines i. The Act of State Doctrine As it did in Wally III, the Museum argues that the Act of State doctrine precludes adjudication of the present controversy. This doctrine bars U.S. courts from invalidating the public acts of foreign sovereigns within their own jurisdictions. See W.S. Kirkpatrick & Co. Inc. v. Envtl. Tectonics Corp., Int’l, 493 U.S. 400, 409, 110 S.Ct. 701, 107 L.Ed.2d 816 (1990); see also Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 401, 84 S.Ct. 923, 11 L.Ed.2d 804 (1964) (“The act of state doctrine in its traditional formulation precludes the courts of this country from inquiring into the validity of the public acts a recognized foreign sovereign power committed within its own territory.”); Underhill v. Hernandez, 168 U.S. 250, 252, 18 S.Ct. 83, 42 L.Ed. 456 (1897) (“Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory.”). However, in determining whether the doctrine applies, courts must be mindful of their obligation “to decide cases and controversies properly presented to them.” W.S. Kirkpatrick, 493 U.S. at 409, 110 S.Ct. 701. This in turn requires consideration of the policies underlying the Act of State doctrine and “whether, despite the doctrine’s technical availability, it should nonetheless not be invoked.” Id. The Museum bears the burden of showing that abstention is justified. Bigio v. Coca-Cola Co., 239 F.3d 440, 453 (2d Cir.2001). In Wally III, the Leopold and MOMA argued that the Court was barred from revisiting the BDA’s disposition of Wally to the Belvedere because the BDA was part of the Austrian government. 2002 WL 553532, at *8. Judge Mukasey questioned whether, in this instance, either the “act” or “state” requirements of the doctrine had been met, as it was unclear whether the BDA’s allegedly erroneous delivery of Wally to the Belvedere qualified as an “act” and whether the BDA had governmental authority to restitute the Painting. Id. at *8-9. He found, however, that it was unnecessary to resolve these questions because the policies underlying the Act of State doctrine did not require its application. Id. at *9. Judge Mukasey reasoned that the doctrine was intended to prevent United States courts “from inquiring into the validity of a foreign state’s acts if adjudication would embarrass or hinder the executive in its conduct of foreign relations.” Id. at *9 (citing Bigio, 239 F.3d at 452). Here, he found, “[a]n inquiry into the BDA’s shipment of a painting under the post-war Austria regime would not impinge upon the executive’s preeminence in foreign relations, particularly where the restoration of ownership has always been a professed goal of Austrian law and where it is the executive branch itself that brings this forfeiture action under United States law.” Id. The Museum now argues that this action must be dismissed because the Government is asking the Court to “disregard” three “express approvals” by the Austrian government: (1) the Austrian Ministry of Finance’s May 10, 1950 letter consenting to the BDA’s restitution of several paintings to the Rieger heirs; (2) the Austrian Federal Ministry of Education’s December 13, 1950 approval of the Belvedere’s acquisition of artworks from the Rieger heirs; and (3) the Ministry of Education’s August 27, 1954 approval of the Belvedere’s exchange of Wally for Dr. Leopold’s “Rainerbub.” (LM Mem. 14-15.) The Museum maintains that Wally III does not bar application of the Act of State doctrine at this juncture because that decision concerned a motion to dismiss, whereas the Court may now consider documents outside the pleadings and is not required to take all facts alleged in the complaint as true. (LM Reply Mem. 18.) Assuming the law of the case does not bar application of the Act of State doctrine at this stage, the Museum has not shown that the doctrine compels dismissal here. As a threshold matter, the Court is not being asked to invalidate any action by an Austrian governmental authority, but only to determine the effect of such action, if any, on Wally’s ownership. See W.S. Kirkpatrick, 493 U.S. at 409-10, 110 S.Ct. 701 (“The act of state doctrine does not establish an exception for cases and controversies that may embarrass foreign governments, but merely requires that, in the process of deciding, the acts of foreign sovereigns taken within their own jurisdictions shall be deemed valid.”). Furthermore, as in Wally III, it is far from clear that any of the “approvals” the Museum cites qualify as state acts to which the doctrine applies. See Wally III at *8-9. For example, the Museum has submitted nothing to show that the BDA, the Austrian Ministry of Finance, or the Austrian Federal Ministry of Education had any authority “to dispose of artwork other than through the Restitution Commissions.” See id. at *9. Also, although it speculates that the Restitution Commission may have addressed Wally’s ownership during Bondi’s restitution proceeding, the Museum has submitted no evidence supporting this assertion. (See LM Reply Mem. at 7, 18.) Rather, it acknowledges that the precise claims addressed therein are unknown. (See LM Counter 56.1 Stmt. ¶ 34; 3/10/08 Levin Decl. Ex. 11 at LM 1661-63.) Finally, and perhaps most importantly, the Museum offers nothing to alter Judge Mukasey’s determination that the balance of interests favors adjudication of this action. See Wally III, 2002 WL 553532, at *9. The Museum does not dispute his observation that the Act of State doctrine is intended to prevent courts from inquiring into the validity of foreign acts where doing so would “embarrass or hinder the executive in its conduct of foreign relations” and that this concern is not implicated here, where both the executive branch actively seeks adjudication of its claim and Austrian law favors restoration of ownership. Id. Accordingly, the Museum has not demonstrated that the Act of State doctrine requires abstention from this case. ii. International Comity The Museum next argues that international comity compels dismissal. As explained in Wally III, which the parties agree fairly summarizes the relevant law (see LM Reply Mem. 19 (stating that Wally III “sets out the relevant law”); Joint Opp. Mem. 21 (same)), “[i]nternational comity requires recognition of foreign actions, decrees, and proceedings that do not conflict with the interests or policies of the United States,” Wally III, 2002 WL 553532, at *9 (citing Bigio, 239 F.3d at 454). Such recognition “fosters international cooperation and encourages reciprocity.” Spatola v. United States, 925 F.2d 615, 618 (2d Cir.1991). Whether to abstain on comity grounds is within the Court’s discretion. Bigio, 239 F.3d at 454. In making this determination, the Court balances the “interests of the respective forums and of international policy.” Wally III, 2002 WL 553532, at *9. In Wally III, the Museum argued that the balance of interests required deference to the Austrian restitution system, which purportedly had a larger stake in the case than does the United States. Id. Judge Mukasey disagreed, finding that: (1) the Museum failed to identify any Austrian “action, proceeding, or decree” to which deference was owed; (2) Austrian courts were not vested with exclusive jurisdiction over claims involving Holocaust related property; (3) “there has been no formal or purposeful act of the Austrian judiciary, executive, or legislature with respect to [Wally ] rising to a level that would implicate international comity”; and (4) the United States “has a strong interest in enforcing its own laws as applied to conduct on its own soil.” Id. at *10. The Museum’s arguments in favor of its current motion do not support a different conclusion. The Museum first argues that the 1947 Receipt and agreement between the RDR and the BDA “expressly gave Austria the responsibility for restitution of [Wally l” (LM Mem. 15.) As the Government observes, this argument is simply a recharacterization of an argument already rejected by Judge Mukasey, namely that the Court should defer to the Austrian restitution system even if Bondi’s claim was never adjudicated. See Wally III, 2002 WL 553532, at *10 (“[T]he principle of comity does not operate as a preemption doctrine, barring this court from hearing a valid forfeiture action merely because there are foreign laws that might also apply.”). Rather than respond to this point directly, the Museum makes a new argument in its reply, namely that the Austrian Federal Finance Ministry’s May 10, 1950 approval of the BDA’s restitution of Schiele artworks to the Rieger heirs requires deference. (LM Reply Mem. at 19.) However, the Museum offers no reason as to how this approval qualifies as a “formal or purposeful act of the Austrian judiciary, executive, or legislature with respect to [Wally ] rising to a level that would implicate international comity.” Wally III, 2002 WL 553532, at *10. Indeed, even assuming this approval qualified as such an act, it is not clear that the Court is being asked to countermand it, if for no other reason than that the approval in question does not explicitly refer to Wally but rather to a painting called “Portrait of His Wife,” who was not Valerie Neuzil. (See RL Decl. Ex. X at LM 1411.) Finally, even assuming that Austrian governmental interests are implicated by adjudicating this case, the Museum has not specified why any such interest trumps the United States’ “strong interest in enforcing its own laws as applied to conduct on its own soil.” Wally III, 2002 WL 553532, at *10. Accordingly, I will not exercise my discretion to dismiss this action on the basis of international comity. B. Arguments on the Merits Having disposed of the Museum’s abstention arguments, I now turn to the parties’ substantive arguments. i. Legal Standards Summary judgment is appropriate only if the evidence demonstrates that “there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A factual dispute is material if it could affect an action’s disposition. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (“Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.”) Furthermore, there is no genuine issue “[w]here the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). With respect to each motion, evidence must be construed in the light most favorable to the non-movant. Lucente v. Int’l Bus. Machs. Corp., 310 F.3d 243, 253 (2d Cir.2002). The Government seeks forfeiture under 19 U.S.C. § 1595a(c) and 18 U.S.C. § 545 claiming that the Museum knowingly imported Wally “contrary to law” insofar as it did so in violation of the NSPA. An NSPA violation consists of three elements: “(1) the transportation in interstate or foreign commerce of property, (2) valued at $5,000 or more, (3) with knowledge that the property was stolen, converted, or taken by fraud.” Wally III, at *12 (quotation marks omitted); 18 U.S.C. § 2314; Dowling v. United States, 473 U.S. 207, 214, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985); United States v. Wallach, 935 F.2d 445, 466 (2d Cir.1991). In this case, the parties concede that Wally is worth more than $5,000. (Joint 56.1 Stmt. ¶ 137.) This Court’s task is therefore to determine whether it is genuinely disputed that the Museum imported Wally from abroad knowing the Painting was stolen or converted. Although the parties dispute the relevant burden of proof, they agree that the Court of Appeals’ decision in United States v. Parcel of Prop. (Aguilar), 337 F.3d 225 (2d Cir.2003) controls the issue. (Joint Mem. 2-4; LM Opp. Mem. 4.) Aguilar held that the burden-of-proof allocations prescribed by Congress for civil forfeitures before the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”), Pub.L. No. 106-185, 114 Stat. 202 (2000), are constitutional. 337 F.3d at 233. Under the pre-CAFRA framework, the Government can seize property upon a showing of probable cause. Aguilar, 337 F.3d at 230; see also 19 U.S.C. § 1615 (requiring that probable cause, “to be judged of by the court,” be shown in order to institute civil forfeiture action.) To meet this burden, the Government must show “reasonable grounds, rising above the level of mere suspicion” to believe the property is subject to forfeiture. See United States v. An Antique Platter of Gold, 991 F.Supp. 222, 228 (S.D.N.Y.1997) (applying probable cause standard to civil forfeiture action under NSPA) (quoting United States v. One Parcel of Property Located at 15 Black Ledge Drive, Marlborough, Conn., 897 F.2d 97, 101 (2d Cir.1990)). Once the Government has made this showing, the burden shifts to the claimant to show, by a preponderance of the evidence, that the property is not subject to forfeiture. Aguilar, 337 F.3d at 230; Antique Platter, 991 F.Supp. 222 at 228; see also 19 U.S.C. § 1615. If the claimant meets this burden, “the government must provide evidence of its own to the contrary that is at least as persuasive and credible.” Aguilar, 337 F.3d at 232. The Museum argues that, under Aguilar, “the Government in this case ... must come forward with admissible evidence to prove its forfeiture claim.” (LM Opp. Mem. 4.) However, this is not necessarily so. It is well-settled that in the preCAFRA context, the Government may use hearsay evidence to make its threshold showing of probable cause. See Aguilar, 337 F.3d at 236 (“[T]here is clear authority in our circuit allowing the use of hearsay to establish probable cause.” (citing United States v. Daccarett, 6 F.3d 37, 56 (2d Cir. 1993))). Should the Government establish probable cause to believe Wally is forfeit, the burden shifts to the Museum to prove otherwise, and the Government need provide admissible evidence only after the Museum has met that burden. See id. at 232. The Museum relies on the Aguilar court’s statement that “when a claimant presents evidence that the property was not connected to [the crime at issue], the government must provide evidence of its own to the contrary that is at least as persuasive and credible.” Id. However, the preceding sentence from Aguilar clarifies that such an obligation is imposed on the Government, assuming it has made a threshold showing of probable cause, only after the Museum shows by a preponderance that Wally is not subject to forfeiture: “under pre-CAFRA procedures a claimant may recover his property by proving by a preponderance of the evidence that the property was not used to facilitate the [crime at issue].” Id. This same language directly contradicts the Museum’s suggestion at oral argument that it should be held to a lesser burden than preponderance of the evidence should the Government show probable cause to believe Watty forfeit. (Oral Argument Tr., 4:3-7:1, Sept. 21, 2009 (“O/ATr.”).) ii. Analysis To prove Wally is subject to forfeiture, the Government must first show probable cause to believe that (1) the Museum imported Wally, (2) Wally was stolen, and (3) the Museum knew Wally was stolen when it shipped the Painting to the MOMA. To establish that Wally was stolen when imported, the Government must show that (a) Welz stole the Painting from Bondi and (b) it remained stolen when shipped to this country. See Wally III, 2002 WL 553532, at *16 (“To state a violation of [the NSPA] in this case, the government must allege not only that Welz stole the painting but also that the painting remained stolen at the time it was imported in 1997.”). I conclude that while there is no genuine dispute over whether the Museum imported Wally and whether the Painting was stolen, trial is warranted to determine whether the Museum knew Wally was stolen. 1. The Museum Aided and Abetted the Importation of Wally The Museum briefly argues that the MOMA, not the Museum, imported Wally. (LM Reply Mem. 32.) Under this logic, even if all of the Government’s other allegations are true, the Painting was not imported by someone with knowledge that it was stolen and therefore it is not forfeit. However, it is undisputed that Dr. Leopold, the Museum’s museological director for life, signed the 1997 Agreement pursuant to which the Museum’s Schiele collection was brought into the United States. (Joint 56.1 Stmt. ¶ 134.) The agreement provided that the MOMA would arrange transportation “by mutual agreement with, and with the consent of, the [Museum].” (RL Deck Ex. T at LM 2059.) The Government has thus shown probable cause to believe the Museum and the MOMA jointly imported Wally, and the Museum offers no evidence indicating otherwise. Furthermore, if the Museum knew that Wally was stolen when it agreed to have the MOMA arrange the painting’s transportation into the United States, it is liable for Wally’s importation in violation of the NSPA even if the MOMA lacked this knowledge. See, e.g., United States v. Giles, 300 U.S. 41, 48-49, 57 S.Ct. 340, 81 L.Ed. 493 (1937) (defendant’s use of innocent intermediary did not insulate him from conviction for falsifying bank records). 2. Welz Stole Wally The Museum next contends that the Government has not met its burden of showing that Welz stole Wally from Bondi. While the NSPA does not define “stolen,” the Court of Appeals has held that the term should be broadly construed to encompass “ ‘all felonious takings ... with intent to deprive the owner of the rights and benefits of ownership, regardless of whether or not the theft constitutes common-law larceny.’ ” United States v. Long Cove Seafood, Inc., 582 F.2d 159, 163 (2d Cir.1978) (quoting United States v. Turley, 352 U.S. 407, 417, 77 S.Ct. 397, 1 L.Ed.2d 430 (1957)). Its meaning does not depend on “the archaic distinctions between larceny by trespass, larceny by trick, embezzlement and obtaining properly by false pretenses.” Id. (citing United States v. Benson, 548 F.2d 42, 44-46 (2d Cir.1977)). Rather, determination of whether property is “stolen” in the NSPA context depends on “whether there has been some sort of interference with a property interest.” (Id.) An item is stolen if it “belonged to someone who did not ... consent” to its being taken. United States v. Schultz, 333 F.3d 393, 399 (2d Cir.2003). Here, it is undisputed that Wally “belonged to” Bondi. The 1930 Kallir Catalogue reflects her as its most recent owner, and no subsequent catalogue identified by either party, including those authored by Leopold himself, includes Welz as one of Wally’s rightful possessors. However, the parties dispute whether Bondi voluntarily surrendered the Painting to Welz. The Government contends that Welz wrongfully demanded Wally from Bondi when he visited her apartment on the eve of her escape to England in 1939. The Museum argues that Bondi sold Wally to Welz in 1938 as part of the Wiirthle Gallery. For the reasons below, I find that the Government has shown probable cause to believe the Painting was stolen, and no reasonable juror could find the Museum has introduced a preponderance of the evidence indicating otherwise. a. The Government’s Evidence The Government’s evidence consists primarily of Bondi’s written statements; the Partial Decision rendered by the Austrian Restitution Commission in Bondi’s action to recover the Wiirthle Gallery; and the undisputed fact that Welz was a Nazi and Bondi, as a Jew hoping to escape the unspeakable fate of so many who died in the Holocaust, could not refuse to comply with his wishes. The Government cites the following written statements by Bondi to show that Welz took Wally without her consent: (1) an October 3,1957 letter from Bondi to Hunna; (2) a May 16, 1965 letter from Bondi to Kallir; (3) an August 22, 1966 letter from Bondi to Kallir; and (4) an unsigned, undated statement attributed to Bondi and discovered long after her death (the “Bondi Statement”). (Joint 56.1 Stmt. ¶¶ 17-20.) In the first two letters, Bondi recites that Wally was never part of her gallery and that Welz took the Painting from her apartment. (3/10/08 Levin Decl. Ex. 12 at JK 000053-54, JK 000057-58.) Bondi’s May, 16, 1965 letter to Kallir also states that Welz gave her no compensation for the Painting. (Id. Ex. 12 at JK 000057-58.) The remaining two written statements offered by the Government assert that Welz came to Bondi’s apartment, saw the Painting on her wall, and demanded she hand it over notwithstanding her objections that it was not part of her gallery and thus had not been included in the gallery’s sale. (Id. Ex. 12 at LB 002290-91; Ex. 14 at U.S. 000156.). Both of these documents state that, at the behest of her husband, Bondi ultimately surrendered the Painting because she was afraid Welz would prevent them from leaving the country. (Id. Ex. 12 at LB 002290-91; Ex. 14 at U.S. 000156.) To further support its view that Welz stole Wally, the Government cites purported references to the Painting in both the post-war Restitution Commission’s Partial Decision regarding Bondi’s claim to the Wiirthle Gallery and her response to Welz’s appeal thereof. In its Partial Decision, the Commission remarked that Welz had wrongfully “demanded a Biedermeier table and a Schiele from [Bondi].” (Id. Ex. 11 at LM 1661 (quotation marks omitted).) In her response to Welz’s appeal of that decision, Bondi asserted that Welz, “without any consideration, demand[ed] objects from [her] private assets.” (3/10/08 Goldblatt Decl. Ex. 7 at LB 000876-85; Joint Mem. 12.) Finally, to reinforce the Bondi Letters and Bondi Statement insofar as they state that Bondi kept Wally separate from her gallery, the Government offers a 1925-26 Wiirthle Gallery Exhibition catalogue listing the Painting’s owner as “Privately owned L.B.” (3/10/08 Levin Decl. Ex. 13 at LB 002260), as well as a 1928 catalogue listing two Schiele paintings as belonging to the Wiirthle Gallery and Wally as belonging to “Lea Bondi, Vienna” (id. at LB 002269-70). b. The Museum’s Evidentiary Objections The Museum asserts that the letters and Bondi’s unsigned statement are unauthenticated, unreliable, and inadmissible hearsay. Even if this were so, as observed supra in Part ll(B)(i), the Government may use inadmissible evidence to meet its initial burden of showing probable cause. See Aguilar, 337 F.3d at 236. Furthermore, as detailed below, the Museum’s evidentiary objections are without merit because (1) the Government has established the authenticity of these documents pursuant to Federal Rule of Evidence 901(a), b(l), and b(8) through the testimony of the documents’ custodians, (2) any objections to the trustworthiness of these documents go to their weight, not their admissibility, and (3) the documents fit within the ancient documents exception to the hearsay rule provided in Federal Rule of Evidence 803(16). Authentication, or the provision of “evidence sufficient to support a finding that the matter in question is what its proponent claims,” is a prerequisite to admissibility. Fed.R.Evid. 901(a). A showing of authenticity is sufficient if “a reasonable juror could find in favor of authenticity or identification.” United States v. Tin Yat Chin, 371 F.3d 31, 38 (2d Cir.2004). Authenticity may be established in a number of ways, including through testimony of a witness with knowledge of the proffered item, see Fed.R.Evid. 901(b)(1), or, in the case of ancient documents, with evidence that the offered material “(A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered,” Fed.R.Evid. 901(b)(8). All of the Bondi letters at issue have been sufficiently authenticated by the deposition testimony of Jane Kallir (Otto Kallir’s granddaughter) and Hildegard Bachert. Jane Kallir began working for her grandfather at the Gallery St, Etienne in 1977. (3/10/08 Levin Decl. Ex. 6, Kallir Dep. 8:24-9:3, Aug. 9, 2004.) She testified that the letters came from a folder containing Kallir’s correspondence with Bondi which was drawn from a larger Bondi file kept at the Gallery St. Etienne in 1984. (Id. at 67:16-68:22; 85:7-11.) She further testified that the larger Bondi file from which the folder was drawn had been maintained at the Gallery since before she began working there. (Id. at 201:20-25.) Bachert was Kallir’s secretary from 1940 to 1978, during which time she maintained his files. (5/14/09 Levin Deck, Ex. 3, Bachert Dep. 8:22-24, 10:6-18, 14:5-7, Sept. 19, 2007.) She set up a file for Bondi documents and correspondence, which she read because she was interested in the story, and helped create the folder in which the Bondi letters were located. (Id. at 57:19-58:9, 59:5-11, 60:17-61:17, 63:10-64:24, 81:7-15; 108:14-16.) This testimony is sufficient to show that the letters are in fact what they purport to be. They are admissible under 901(b)(1) insofar as Bachert and Kallir testified that they were part of the Gallery St. Etienne’s records. See 5 Jack B. Weinstein & Margaret Berger, Weinstein’s Federal Evidence, § 901.03[2] (2d ed.2009). The letters are also authenticated under Rule 901(b)(8) in that (1) there is no allegation that they have been tampered with or otherwise altered so as to give reason to doubt their authenticity, (2) they were found in a place, namely Kallir’s Gallery’s files, where authentic Bondi correspondence would likely be stored, and (3) they are more than 20 years old. See Arasimowicz v. Bestfoods, Inc., 81 F.Supp.2d 526, 529-30 (S.D.N.Y.2000); Walker v. 300 S. Main, LLC, No. 2:05-CV-442, 2007 WL 3088097, at *1-2 (D.Utah Oct. 22, 2007) (original documents that had been in the plaintiffs files for over 40 years satisfied the authentication requirements of Rule 901(b)(8)). While it presents a closer question, the Government has also made an adequate prima facie showing of the Bondi Statement’s authenticity under Rule 901(b)(8). At his deposition, Gideon Southwell, Bondi’s great-great nephew, testified that he found this typewritten, unsigned, undated, and admittedly incomplete one-page document in a Biedermeier bureau located at the 2 Lambolle Road residence that had belonged to Bondi and was used by his grandmother, Margaret Fisher, after Bondi died. (3/10/08 Levin Decl. Ex. 7, Southwell Dep. 71:6-20, 82:12-20, Feb. 7, 2007.) Southwell testified that the document was typed on Bondi’s “L.B.J.” letterhead, with which he was familiar. (See id. at 175:11-21). He further testified that he had lived in the 2 Lambolle Road residence for several years in the late 80’s and early 90’s and that Bondi’s belongings remained there long after her death in 1969. (Id. at 68:23-69:8.) Sometime between 1987 and 1990, when he was helping his grandmother “tidy the bureau,” he discovered the Bondi Statement, along with other papers belonging to his grandmother and to Bondi, “in the lower drawer of the two main drawers” of the bureau. (Id. at 70:12-23, 71:25-72:11, 73:20-23.) Although it is unsigned and undated, the Government has sufficiently shown that the Bondi Statement is what it purports to be. First, the appearance of this document does not raise a contrary suspicion. It contains a first-person nar