"All he has to do is tell the court where the gold really is, sign that power of attorney and otherwise assist in getting the gold back to the United States, and he's out," Tigges said.
But in an October hearing over video chat with a federal judge, Thompson said he did not know where the gold was, The Guardian reported. He had previously told prosecutors that the gold had been turned over to a trust in Belize.
Thompson, 68, is being held in prison, in part, for refusing to sign a document authorising the court to advise whether the trustee has the missing coins and, if so, their current whereabouts, according to Tigges.
In a motion Thompson filed last week without a lawyer, he contended that the plaintiffs had "no further claim" against his assets after they were awarded a judgment in 2018 that covers the value of the coins, about US$2.5 million ($3.5 million). But Tigges said that his client had not been able to collect on the judgment and that the coins would cover a portion of what is owed.
"You can't keep him in jail for not giving the coins when they've reduced it to a judgment," Keith Eric Golden, the lawyer who represented Thompson in the case, said Thursday.
Thompson, who does not appear to have legal representation, could not be reached for comment Thursday at Milan Federal Correctional Institution in Milan, Michigan.
Thompson raised more than US$12 million ($16 million) from 161 investors in the 1980s to fund his search for the Central America. His salvage company, the Columbus America Discovery Group, found the wreckage of the ship, a 300-foot steam-powered paddle-wheeler, in 1988.
But investors never saw any proceeds of the haul, and some — including, according to Golden, descendants of the original investors — eventually sued. In 2012, a federal judge ordered Thompson to appear in court in Ohio to disclose the location of the coins. Instead, Thompson fled and became a legal fugitive until deputy US marshals arrested him in 2015 at a hotel in Florida.
He pleaded guilty to criminal contempt for failing to appear in court and was sentenced to two years in prison and a US$250,000 fine. But his plea deal required that he "assist" prosecutors in the recovery of the coins.
Thompson refused to do so, according to court documents, and in December 2015, a different federal judge ordered him to remain in prison and pay a fine of US$1,000 a day until he agreed to cooperate.
Ever since, Thompson has been held in federal prison and has racked up more than US$1.7 million in fines.
He has several times petitioned for his release, including a motion in 2017 to terminate his contempt sanctions, claiming that his imprisonment violates a federal law that limits to 18 months the amount of time an uncooperative witness can be held.
In his rejection of the motion, Judge Algenon Marbley of the US District Court for the Southern District of Ohio wrote that the law did not apply to Thompson because his case concerned "objects of economic value."
"The utility of Mr. Thompson's assets as evidence is almost beside the point; it is the economic value of the treasure that the Court seeks," Marbley wrote. "Mr. Thompson was therefore not merely ordered to testify or provide information."
Golden said the case had become "a personality thing between individuals."
Marbley also denied a motion for early release that Thompson filed this year, citing safety concerns related to the pandemic and his waning health. Thompson noted similar reasoning in another motion filed last week petitioning for compassionate release. Marbley has not yet responded to that filing.
Written by: Concepción de León
© 2020 THE NEW YORK TIMES
