Legal Question in Criminal Law in New Jersey

Unwitting purchase of stolen jewelry

A woman inherits her grandmother's house. On a silent film (as the grandma was a silent film star), this woman sees her grandmother's tiara. She has looked all over for it. It wasn't in the will or safety deposit box or any wall or floor safe.

She has made friends with a neighbor. The neighbor knows about the tiara, having seen the film. The neighbor's retarded sister discovers the hiding place of the tiara and takes it home to her sister. Knowing it belongs to the first woman, the sister sells it to a crooked jeweler in Philadelphia for 1.5 million dollars. The jeweler auctions it off to Sotheby's and gets 3 million for it.

It is discovered that the second woman had the tiara and sold it. Question: Is the rightful (?) owner able to get her grandmother's tiara back from the innocent purchaser at the auction?

Also, since the jeweler told the second woman there was no history to the diamonds on the tiara, and at auction it suddenly has a history, can he be liable in some way?


Asked on 9/15/02, 4:04 pm

1 Answer from Attorneys
Allan Marain Law Offices of Allan Marain

Unwitting purchase of stolen jewelry

1. The rightful owner CAN recover the property from the innocent purchaser. The innocent purchaser cannot obtain better title than the seller had. The seller had no proper title since the person who provided the tiara to the seller herself had no valid title;

2. The jeweler can very much be liable.

Additional Note: Under N.J.S. 2C:20-20, the owner of property that is fenced can recover TRIPLE damages, plus attorneys fees, and costs of litigation and investigation.

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Answered on 9/15/02, 6:42 pm


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