Showing posts with label Antiquities; Looting; Smuggling; Collecting; Collections; iraq. Show all posts
Showing posts with label Antiquities; Looting; Smuggling; Collecting; Collections; iraq. Show all posts

September 5, 2017

Iraqi pawns and an American chess player

Image Credit: U.S. Embassy Baghdad

The United States has returned dictator Saddam Hussein’s chess set to the Iraqi government in Baghdad but has not given much in the way of details as to who the set had been stolen by or where it has been recovered.

Image Credit:
U.S. Embassy Baghdad

The gameboard and its pieces went missing in 2003.  U.S. coalition forces invaded Iraq in an operation dubbed Operation Iraqi Freedom between March 20th and May 2003 signalling the start of the Iraq War.  Hussein’s Ba'athist Iraqi government was deposed less than a month later.   Hussein himself was captured in December 13, 2003 and was executed in December 2006, having been convicted of crimes against humanity by the Iraqi Special Tribunal.

Image Credit:
U.S. Embassy Baghdad
Whoever made off with this little piece of costly war booty had a good eye, even if it appears that the object was not treated gently as it made its passage from the Middle East to the United States. 

A similar Austro-Hungarian enamelled, parcel-gilt silver and stone-inset chess set was sold at Sotheby’s in its New York April 22, 2010 auction for $35,000


Another set sold at Doyle's, New York, Belle Epoque sale on September 23, 2009, lot 209 ($28,125). Provenance: Property from a Private Collection, Fontana, CA. Condition. 

Five years ago a Christie’s consignor (property of a private collector in Pittsburg) made a healthy profit during its New York April 18, 2012 auction selling theirs for $32,500.


All proving that years after the invasion, auction houses in the U.S. wouldn't have had any trouble selling this Saddam-era bauble, which, like many others, may be traceable back to U.S. government employees and contractors who took items as souvenirs or war trophies. 

July 8, 2017

Thou Shall Not Covet thy Neighbor's Cuneiform

Op/Ed By:  Lynda Albertson

As the US press and social media came alive in condemnation as a result of the Hobby Lobby smuggling case, I couldn't help but notice that while the hashtag #HobbyLobbyisISIS is noticeably attention-grabbing, (as well as probably inaccurate), the more important facet of the "is-that-object-looted" puzzle was still being overlooked. 

I asked myself, instead of simply rewording the press release announcement released by the government, why hadn't US news organizations dug deeper into the development of the Green Collection in ancient art.  Especially since everyone now seems hellbent, (excuse the pun) on crucifying the fundamentalist Christian collector or finding some way to tie Hobby Lobby to Da'esh.

This is a case that has been widely publicized since 2015, and it's not the only time the Greens or their large collection have come under scrutiny or been accused of acquiring objects through untrustworthy channels with illicit ties.  

In June 2014 Dr. David Trobisch, Director of Collections for the Museum of the Bible even attended ARCA’s annual art crime conference where he heard concerns made by Dr. Roberta Mazza, a papyrologist and ancient historian from the University of Manchester about the Green Collection's unprovenanced papyrus fragments.  Those fragments however were not mentioned in this current civil complaint. 

While this US civil forfeiture case underscores that illicit traffic in cultural objects contributes to the despoliation of a country's ancient heritage and causes irreparable loss to the world's heritage knowledge, why is it then that the public only wakes up and takes notice when ISIS ties are tangentially inferred?

Are trafficked Middle East artifacts only worthy of the world's indignation when they are looted to fund terrorism?  


As the general public responded to the press coverage over the last two days most of the grumbling I've come across was either ISIS-funding related or centered on whether or not the punishment fit the crime.   I use the word "crime" here loosely because no criminal charges were filed for the looting and theft of the 450 ancient cuneiform tablets and 3,000 ancient clay bullae which ultimately were the subject of this civil forfeiture.  

In civil cases, the object of the law is the redress of wrongs by compelling compensation or restitution.  As those following this case closely are painfully aware, civil law deals with the disputes between individuals, organizations, or between the two, in which compensation can be awarded to the victim.  Criminal law is the body of law that deals with crime and the legal punishment of criminal offenses.

A civil fine is not a criminal punishment.  

Civil case fines are primarily sought in federal investigations in order to compensate the state for harm done to it, rather than to punish a wrongful conduct, something many like myself would have liked to have seen happen given the Green's less than stellar record when it comes to vetting antiquities for inclusion in their collection.   In this case, Hobby Lobby only suffers so much harm as is necessary to make good the wrong they have done (to the state). 

Civil penalties, in this case a $3M fine, do not carry any jail time or other legal penalties.  This fact illustrates why no one from Hobby Lobby was criminally charged, despite the large number of objects seized and subsequently forfeited.

This may also explain the absence of any noticeable public remorse on Hobby Lobby's part for their role in this antiquities smuggling affair.  The lack of regret can also be seen in the unrepentant statement by Hobby Lobby President Steve Green, in his company's press release after the federal civil ruling was publicized. 


Was new to the world of acquiring these items?  Did not understand the correct way to document and ship these items?

Let's look at his statements more closely.  

While Hobby Lobby, may be "new" to the world of acquiring antiquities, the fact that it has purchased more than 40,000 objects since November 2009 does not in any way make it a neophyte collector of ancient art.  

In addition to the cuneiform tablets seized in this well publicized case, the Green Collection already had in its possession the third largest holding of cuneiform tablets in North America (over 10,000 pieces). This means Green and Hobby Lobby by proxy had ample prior opportunity to explore what could and should go on any customs declaration for objects that contain writing first developed by the ancient Sumerians of Mesopotamia between 3500-3000 BCE.  

In 2010, a year before the seized cuneiform tablets arrived in Memphis, the Greens had also already consulted with Dr. Patty Gerstenblith, a cultural heritage law expert with DePaul University 's College of Law, about import restrictions for ancient antiquities who is reported to have advised them about their need for deeper due diligence in their collecting.   Given Gerstenblith's impeccable familiarity with the cultural heritage law, it can be assumed that the Greens as collectors were not as ignorantly naive to the road they were embarking down as the firm's press statement this week seems to imply.

But setting aside the intricacies of import and customs documentation specifically related to ancient antiquities coming from Iraq, Hobby Lobby itself has some 32,000 employees, 750 stores in forty-seven states, and $4 billion in yearly revenue, much of it based on imported items. 

It's corporate headquarters include a 9.2 million-square-foot manufacturing, distribution, and office complex in Oklahoma City.  Its warehouse has an hourly employee base of 2500+ employees with 80+ members of management, headed by an Assistant Vice President of Warehouse Operations, who reports to the Senior Vice President of Distribution.

When importing merchandise from foreign countries Hobby Lobby is fully aware there are certain trade laws and regulations, and that U.S. Customs oversees the compliance of those laws. They even have an international department responsible for training and compliance to ensure the import process go smoothly, not to mention a manual outlining laws and regulations, valuation, assists, and country of origin requirements which can be downloaded here

So to imply to the public that Hobby Lobby "imprudently relied on dealers and shippers who, in hindsight, did not understand the correct way to document and ship these items" seems a bit unapologetic coming from an apologist.   

Especially given Green's business thrives on supply-chain distribution members in its shipping department who would have to have, given the large scale operation of receiving imported cargo from across the globe in support of Hobby Lobby's national operations, sufficient knowledge of what the legal requirements are for import.  If they didn't, they certainly knew who to ask. 

As I have mentioned in a previous post, the estimated 40,000+ objects in the Green Collection equates to acquiring 6,666 objects per year or collecting a whopping 18 new objects per day.  Compare that acquisition rate to the number of employees working on the Green's or the Museum of the Bible's payroll who are tasked with historic object provenance and one can easily surmise that an object's ethical collection history has never been either group's overriding priority.  

Emphasis instead has been on filling the Museum of the Bible, Washington DC's about-to-be-opened 430,000-square-foot, eight story massive red brick museum located over the Federal Center SW Metro station.  To put that into perspective, one NFL football field is 57,600 square feet.  The Museum of the Bible has seven and a half football fields of space it needs to fill. 

Given the scale of archaeological theft in biblical area source countries and the number of objects with questionable origins which have already been identified by various researchers following the Green Collection prior to this forfeiture, it's time for Hobby Lobby's founders to do more than just open their wallets, purchase, and if caught, pay civil fines and forfeit the objects in question.

Opening their wallets has been the crux of the problem, as the Green's appetite for unprovenanced antiquities, and the profits to be had from this appetite, have likely been a motivating factor for others to loot, thereby destroying whatever context the objects may have had.

It's time for the Greens to fulfill the promise previously made by their employee. 

In 2014 the director of Collections at the Museum of the Bible, David Trobisch, informed Dr. Roberta Mazza that the Green Collection was going towards full digitisation and open access.  This has yet to happen. 

They should also make every effort, before making any further acquisitions, to ensure that the objects they are purchasing have been legally obtained and been legally exported from their country of origin.  

If the Greens truly want to make amends, they should fill their future Museum of the Bible with acquisitions collected ethically, and make the details of their past purchases open to researchers and investigators so that they can start to set things right by restituting any objects previously purchased without sufficient moral and ethical consideration. 

Exodus 20:15 and 17 King James Version (KJV): 

“Thou shalt not steal." 

“Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour’s.”

I think that includes cuneiform tablets, clay bullae, incantation bowls and papyrus fragments.

July 6, 2017

Civil Complaint requires forfeiture of thousands of cuneiform tablets and clay bullae, but is that enough?

Cuneiform Tablet - Image Credit U.S. Attorney's Office for the Eastern District of New York
By: Lynda Albertson


At the heart of the investigation, were import irregularities related to ancient artifacts shipped to Hobby Lobby, Mardel, Inc. and Crafts, Etc! The firms Mardel, Inc. and Crafts, Etc! were affiliates of Hobby Lobby and both maintained their principal corporate offices adjacent to Hobby Lobby’s headquarters in Oklahoma City.  

The antiquities were shipped to Hobby Lobby and their associates by dealers in Israel and the United Arab Emirates (“UAE”), all of whom have been left unnamed in the civil complaint.  The objects were shipped without required customs entry documentation being filed with the U.S. Customs and Border Protection (CBP) and bore shipping labels that falsely and misleadingly described their contents and their value, in some cases as “ceramic tiles” or “clay tiles (sample).” In truth, the mislabeled objects were ancient clay and stone artifacts that originate from the area of modern day Iraq, which had been smuggled into the United States after their contracted purchase in the Middle East. 

Hobby Lobby's growing Green Collection is purported to be the largest private collection of rare biblical texts and artifacts worldwide and is estimated to be made up of more than 40,000 biblical-related antiquities, purchased and assembled by the Green family, who are founders of the national arts and crafts chain.  The bulk of this collection is intended to be displayed in their 430,000-square-foot Museum of the Bible, which is scheduled to open in Washington DC in November of 2017.

As is often the case with illicit antiquities smuggled around the globe, the intercepted packages, destined eventually to join the museum's collection, had their shipping labels intentionally mislabeled, stating the country of origin as imports from Turkey and Israel, not Iraq.  The shippers also used multiple shipping addresses for objects destined for a single recipient.  This too is a technique used by smugglers of all types, not just illicit antiquities, as it is a means of avoiding scrutiny by customs authorities. 

In the DOJ press release Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and Karin Orenstein, Assistant United States Attorney, of counsel, announced that Hobby Lobby Stores has agreed to pay a $3 million federal fine and forfeit thousands of ancient Iraqi artifacts believed to have been smuggled in 15 shipments, 5 of which were stopped by the CBP on their way to the Greens.   

Hobby Lobby had executed an agreement to purchase the objects, despite their likely illicit origins, in 2010 for $1.6 million.  They paid for the antiquities via wire payments to seven personal bank accounts held in the names of five individuals.  This despite noticeable suspicious irregularities in the objects purported provenance and no direct contact with the objects' "owner.  The civil complaint also outlines conversations related to the purchase and import which indicate intentional changes to invoices and shipment to disguise the objects' value, and in some cases to change to purported seller. 

As DOJ documents state Title 19, United States Code, Section 1595a(c)(1)(A) provides that “merchandise which is introduced or attempted to be introduced into the United States contrary to law . . . shall be seized and forfeited if it . . . is stolen, smuggled, or clandestinely imported or introduced.”

Legal measures specific to Iraq also make it a violation of U.S. law to import any cultural objects removed from Iraq since August 1990, unless exported with the permission of Iraqi authorities.  Illegally importing objects that meet this criteria are subject to criminal penalties and fines.

Equally important Under Article 3 of Iraq’s Antiquities Law No. 59 of 1936 (as amended in 1974 and 1975), all antiquities found in Iraq, whether movable or
immovable, on or under the ground, are considered property of the state. Under Article 16 of Antiquities Law No. 59, private persons generally cannot possess antiquities. Article 26 of the same antiquities law prohibits the export of Iraqi antiquities and defines “antiquities” as movable possessions which were made, produced, sculpted, written or drawn by man and which are at least 200 years old.  Southern Mesopotamian objects definitely fall into this category as any collections management expert in Near East antiquity would be aware of.


Is a $3 million fine and the forfeiture of 450 ancient cuneiform tablets and 3,000 ancient clay bullae enough?

As a result of this investigation, Hobby Lobby has agreed to adopt internal policies and procedures governing its importation and purchase of cultural property, provide appropriate training to its personnel, hire qualified outside customs counsel and customs brokers, and submit quarterly reports to the government on any cultural property acquisitions for the next eighteen months.


So much for remorse. 

NB: No one has faced criminal prosecution (read: jail time) for their actions. 

March 19, 2017

Lecture: Criminals without Borders - The many profiles of the (il)licit antiquities trade.



For those interested interested in the realm of illicit trafficking who will be in Rome, Italy April 21, 2017 Lynda Albertson, ARCA's Chief Executive Officer will be giving a talk on "Criminals without Borders."

This one hour lecture, at 6:00 pm at John Cabot University will provide a brief overview of the profile of actors in the illicit art trade, giving examples of how those in the trade avoid detection and prosecution.

This presentation will discuss the motives of trafficking in art and antiquities, highlighting cases from source and conflict countries emphasizing that the trade thrives on commercial opportunity i.e., a means of dealing in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries.

Her presentation will examine specific case examples and will underscoring response mechanisms that work to proactively counter the illegal trade.

The discussion will highlight

--the interchangeable participants in the illicit antiquities trade
--varying motives/opportunities
--how connections through single interactions can form loosely based networks


Lynda Albertson is the CEO of ARCA — The Association for Research into Crimes against Art, a nongovernmental organisation which works to promote research in the fields of art crime and cultural heritage protection. The Association seeks to identify emerging and under-examined trends related to the study of art crime and to develop strategies to advocate for the responsible stewardship of our collective artistic and archaeological heritage. 

Ms. Albertson, through her role at ARCA seeks to influence policy makers, public opinion and other key stakeholders so that public policies are developed and based on apolitical evidence, and which addresses art crime prevention and the identification of art crimes in heritage preservation initiatives.

In furtherance of that, Ms. Albertson provides technical, scientific and regional expertise to national and international organizations such as UNESCO, CULTNET, ICOM, in furtherance of ARCA's heritage preservation mission.   For the past five years, Lynda has focused part of her work on fighting the pillage of ancient sites and trafficking of artifacts, particularly in the Middle East and North Africa, conducting research on the illicit trade in antiquities in MENA countries. 

Ms. Albertson also oversees ARCA's inter NGO - Governmental engagement and capacity building in MENA countries in recognition of UN Security Council Resolution 2199, which among other provisions, bans all trade in looted antiquities from Iraq and Syria and encourages steps to ensure such items are returned to their homelands. 

Tuesday, March 21, 2017 
6:00 PM - 8:00 PM (CET)
Guarini Campus
Via della Lungara, 233

March 18, 2017

Exhibition - The Past Sold, April 3 - May 13, 2017


Beginning April 3, 2017 and running through May 13, 2017, the Neubauer Collegium for Culture and Society, located on the campus of the University of Chicago, will host an exhibition on movable heritage.  The exhibition will highlight the importance of archaeological context, emphasizing that the movement of objects can be either positive; when removal is properly documented using approved methodology, or negative; such as when sites are plundered or destroyed.  It is that latter which renders them useless to archaeologists and historians seeking to understand and reconstruct the past from the remains of ancient cultures.

The exhibition's title The Past Sold, developed out of the Past for Sale research project undertaken at the Neubauer Collegium.  This initiative brought together experts in the field of heritage looting who shared issues of common concern regarding what is known about the looting of cultural heritage sites by both opportunistic and more systematically organised looters. 

The exhibit is designed to stimulate dialogue on the complexity of this important issue and encourages visitors to engage in the ethical debate of acquiring cultural heritage objects from around the globe.

Asking the important question "Where does the art you enjoy in any given exhibit come from?"  

The exhibit reminds us that sometimes whole sites are destroyed in the hunt for the best "marketable" objects and that individual objects on the less than transparent art market,  are often difficult to trace to the country of origin, never mind to the original site.  

The curators hope the exhibition will foster new conversations about the collection of pilfered objects of questionable origin. 

For information please see the exhibition webpage here. 

Exhibition Dates:
April 3 - May 13, 2017

Location
Neubauer Collegium for Culture and Society
Exhibition takes place on the 1st floor gallery 
5701 S. Woodlawn Avenue
Chicago, Illinois


Hours
11am-5pm, Monday-Friday

Contact
773-795-2329 (Front desk)
collegium@uchicago.edu