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Odyssey said that since the recovery site held no human remains nor items identifying the ship, Madrid has no way of proving that the treasure came from Nuestra Señora de Las Mercedes, a frigate sunk by British warships in October 1804 after a battle in which more than 250 Spaniards died.
In a statement signed by CEO Gregory Stemm, Odyssey said that the pieces recovered from the bottom of the sea were spread around a wide area where there was no sign of the ship.
"Nothing recovered or seen in the information collected from the 'Black Swan' confirms its identity," Stemm said in the submission to the U.S. federal court in Tampa, Florida, that is hearing Spain's lawsuit against the treasure hunters.
"The conclusions reached by Spain as to the identity of the place are based on circumstantial evidence and ignores the evidence gathered suggesting that the shipwreck of the Las Mercedes could be located somewhere else," Odyssey said.
Among the evidence cited is the fact that the frigate was carrying twice the number of coins recovered by Odyssey.
The Tampa-based firm had until midnight Monday to answer the complaint filed by Spain on Sept. 22.
In its complaint, the Spanish government said that the evidence is "abundant and definitive" and adds that the ship from which Odyssey took the treasure is the Nuestra Señora de las Mercedes.
The Spanish government's claim added that the remains of the Las Mercedes belong to a marine cemetery protected by the principle of sovereign immunity.
U.S. lawyer James Goold, who is representing the Spanish government in the legal dispute, said last month that "it is very well documented and is a historical fact" that the Mercedes sank with more than 250 Spaniards - including sailors and civilians - on board.
Spain's Culture Ministry also accuses Odyssey of carrying out the "underwater excavation in secret after having received specific instructions that it was prohibited." EFE
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