The Art Newspaper reported last October that the US authorities began repatriation proceedings after the work was certified by a Venezuelan authentication committee and later confirmed by the director of the Henri Matisse Archives in Paris, Wanda de Guébriant.

According to the affidavit filed in support of the criminal complaint, this case was the result of an FBI undercover investigation. According to the allegations in the complaint affidavit, Marcuello negotiated the sale of the Matisse painting, which had been previously stolen from the Caracas Museum of Contemporary Art (Museo de Arte Contemporaneo de Caracas (MACCSI)) in Caracas, Venezuela in December 2002. The painting is valued at approximately $3 million. Marcuello allegedly admitted to the undercover agents during a meeting that he knew the painting was stolen and offered to sell the stolen painting for approximately $740,000.00. As part of the negotiations, Marcuello further agreed to have the painting transported by courier to the United States from Mexico, where the painting was being stored. The courier was subsequently identified as co-defendant Ornelas. According to the affidavit, on July 16, 2012, Ornelas arrived at the Miami International Airport from Mexico City, Mexico, hand-carrying a red tube containing the painting. On July 17, 2012, defendants Marcuello and Ornelas met with undercover agents and produced the Matisse painting titled “Odalisque in Red Pants” from inside the red tube. Upon inspection by the undercover agents, the painting appeared consistent with the original Henri Matisse painting reported stolen from the MACCSI museum. At the conclusion of the meeting, Marcuello and Ornelas were arrested.