5 years and counting: Ex-treasure hunter still stuck in jail

FILE – This undated file photo provided by the Delaware County Sheriff's Office in Delaware, Ohio, shows Tommy Thompson. The former deep-sea treasure hunter is about to mark his fifth year in jail for refusing to disclose the whereabouts of 500 missing gold coins found in the historic shipwreck of the S.S. Central America. [Photo: AP]

Thompson, 68, has said he suffers from a rare form of chronic fatigue syndrome that has created problems with short-term memory. He's previously said, without providing details, that the coins were turned over to a trust in Belize.

The government contends Thompson is refusing to cooperate and that there's no connection between his ailment and his ability to explain where the coins are.

A federal law addresses individuals like Thompson, known as "recalcitrant witnesses." The law holds that 18 months is generally the limit for jail time for contempt of court orders. But a federal appeals court last year rejected Thompson's argument that that law applies to him.

Thompson hasn't just refused to answer questions, the court ruled: He's also violated the requirement that he "assist" the parties by refusing to execute a limited power of attorney to allow that Belizean trust to be examined, as required under his plea deal.

"The order isn't intended to solely seek information, it's to seek information for the purposes of recovering these unique assets," said law professor and legal analyst Andrew Geronimo, director of Case Western University's First Amendment Clinic.

Earlier this year, Marbley denied Thompson's request for release over concerns he's at risk for contracting the coronavirus behind bars. Marbley said Thompson didn't present proper evidence for his risk level, and also noted he remains a flight risk.

The investors still looking for their money say Thompson has no one but himself to blame for his incarceration.

"He would be out of prison by now if he had simply complied with his plea agreement and cooperated in locating missing assets when he was supposed to," attorney Steven Tigges said in a March court filing.

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This story has been corrected to show that the S.S. Central America sank in 1857, not the S.S. America.