Ruspoli di Poggio Suasa Koh Ker Statue in Court

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The title says it all:

Rick St Hilaire- 'Federal Attorneys File Motion in Support of Cambodian Statue's Forfeiture from Sotheby's, Arguing the "Signs of Theft Should Have Been Obvious"...', Cultural Heritage Lawyer, Tuesday, August 21, 2012. 

It seems an attempt was made earlier to argue that these tenth century temple remains at Koh Ker were "abandoned property, free for the taking by anyone willing and able to cut them off their pedestals". Was it the American lawyers or the claimant ('Ms. Ruspoli di Poggio Suasa') that came up with that neocolonial, 'Elginist' cracker?