Metro

The war over this 68-carat diamond

An international scoundrel allegedly swiped a priceless diamond from under the noses of customs agents at Kennedy Airport, then peddled the megamillion-dollar gem to an unsuspecting Fifth Avenue shop — setting off a raging court battle over the stunning rock.

The theft, sale and subsequent government seizure of the yellow, 68-carat canary diamond — half the size of the legendary Hope Diamond, and about the same size as the rock Richard Burton famously gave Elizabeth Taylor during their first marriage — is part of a saga that started five months ago.

It began with a flight to the United States from Geneva last Sept. 15, a day after executives from the Higgs diamond-mining company in South Africa agreed to sell a phenomenal, uncut, 143-carat rock for $3.3 million to deep-pocketed Canadian businessman Dennis Van Kerrebroeck.

But when the slick Van Kerrebroeck and a Higgs company representative, both aboard the Swiss Air flight, arrived at Kennedy, things began to go haywire, the feds say.

At JFK, it was Van Kerrebroeck who actually had physical possession of the gem, and he listed it on his US Customs Declaration form.

Customs officers escorted him to Swiss Air Cargo to deposit the diamond while it underwent regulation clearance.

But Van Kerrebroeck lied to the Higgs rep, saying the diamond was being held by customs over some non-existent discrepancy in paperwork, according to court documents.

The two men then left the airport and went to a hotel for the night.

The next day, Van Kerrebroeck sneakily contacted his own US company, Malca-Amit Customs House Brokers Inc., so it could arrange for the diamond to be cleared for entry, the feds say.

Van Kerrebroeck then rushed back to the airport, collected the rock from Swiss Air cargo — all the while insisting to the Higgs rep that the magnificent gem had been lost in customs limbo.

“Although representatives of Higgs made repeated efforts to receive payment or return of the . . . diamond, Van Kerrebroeck failed to pay . . . as contracted or return it to Higgs,” according to a federal complaint.

Immediately, Van Kerrebroeck began scoping out the top city diamond dealers — and last Sept. 22, found just the right one, Taly Diamonds at 580 Fifth Ave., authorities said.

Presenting himself as a well-heeled businessman who knew the ins and outs of gem trading, the suspect provided all the proper paperwork suggesting he owned the diamond, officials said.

The store offered its appraisal price of $1 million — and Van Kerrebroeck took the money and ran, authorities said.

He’s still on the lam.

Meanwhile, the shop cut the jewel down to a finished 68 carats and prepared to sell it — until the feds tracked down the stolen gem and seized it.

Now the store is locked in a battle with Higgs over the gem, which the feds still are holding.

According to Taly lawyer Lawrence Spiegel, “The taking of this diamond from Taly, which it acquired after reviewing all appropriate documentation, serves only to deprive it of an asset for which it paid $1 million in good faith.

“This is unfair,” Spiegel said.

But Higgs claims it never authorized Van Kerrebroeck to sell the diamond.

The company recently filed a civil suit seeking the return of the rock.

“The diamond was taken from Higgs . . . and no monies have been paid,” the company claims in court papers.

“This court should find that Higgs is the sole and rightful owner of the diamond.”