Showing posts with label Lebanon. Show all posts
Showing posts with label Lebanon. Show all posts

May 25, 2018

Countering Antiquities Trafficking (CAT) in the Mashreq

From April 16 – 20, 2018 I had the pleasure to be one of a specialised group of trainers for Countering Antiquities Trafficking in the Mashreq: A Training Program for Specialists Working to Deter Cultural Property Theft and the Illicit Trafficking of Antiquities, a programme developed through the Secretariat of the 1970 Convention, the unit responsible for the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. 

Funded through UNESCO's Heritage Emergency Fund, the multidisciplinary practical training programme took place at UNESCO's Regional Office in Beirut, and involved experts working with and in collaboration to UNESCO — the United Nations Educational, Scientific and Cultural Organisation, a specialised agency of the UN based in Paris,  ARCA — the Association for Research into Crimes against Art, UNIDROIT — the International Institute for the Unification of Private Law, ICOM — the International Council of Museums, UNODC — the United Nations Office on Drugs and Crime and INTERPOL— the International Criminal Police Organization.


The CAT in the Mashreq training program was developed to provide technical support (risk management measures, situational interpretations, drawing conclusions, making recommendations) to staff from governmental authorities, art professionals, academics and decision-makers who work in fragile source countries, the very places where illicit antiquities originate and where heritage trafficking incidents are known to occur.

Developed by professionals for professionals, who understand the necessity of tackling the prevalent issues contributing to heritage crimes and cross-border smuggling of illegally exported antiquities, this initiative, hopefully replicable in more countries, was developed as a means of providing support to the affected source and transit countries of Iraq, Jordan, Lebanon, Syria and Turkey.

The overarching goal is to help heritage professionals address issues of common heritage concern in countries where civil unrest and social turmoil have contributed to porous borders where the absence of controls contributes to avenues for the looting and trafficking of cultural artifacts, as well as on occasion, incidences of cultural cleansing.

As a part of this ambitious initiative, 32 trainees where invited from the five aforementioned designated countries.  Each trainee, while there to learn, also contributed from their own professional knowledge, expertise and first-hand knowledge if the issues as they relate to the situation in their own country. Drawing upon my own professional experiences in cross-border policing, museum security and risk management, my objective in the initiative was to build multilateral capacity and to strengthen knowledge as it relates to the intricacies of art crime and heritage protection across jurisdictions.

Criminals work outside border considerations.

Always at the forefront of my training module was to need to develop a purposeful framework, for knowledge transfer and exchange, to be used to develop activities and approaches that move knowledge from those who have first hand experience in a specific area to others who need similar knowledge before during or after a similar incident.  Also of importance was to foster in others, the trust to work collaboratively and to be open to learning from one another as I believe it takes a non-political, multidisciplinary and multi-visionary approach to adequately deter and detect incidents of art crime as they across country boundaries.

There’s a difference between crime prevention and crime reaction:  Changing the way we think.

My contribution to the week-long training was to guide and coach participants through interactive case studies and exercises, promoting a proactive and systematically collaborative mind set to heritage risk management.  To that end,  I believe I was able to encourage the participants to take into consideration a variety of unexplored approaches to site security and protection.


This was done not only by analyzing and reviewing past incidents after they occur, in order to deter cultural property theft and illicit trafficking but to also fulfill my own goal for this training which was to raise individual and agency understanding of the need for a more proactive prevention and preparation approach, by predicting what types of emergencies might occur in advance of an incident or an all-out crisis, in order to rectify deficiencies in risk management, to prevent incidents from happening.

This was done by demonstrating the use of practical, proactive security measurements, proactive planning, predictive analysis, threat and risk management assessment, many of which can be applied to the conflict theatre and could be applicable to the situations occurring in this specific region.

During my module participants were given real world proactive vs. reactive examples of security measures and risk management advance planning techniques as this is the single most important thing an organisation can do to defend itself against a threat, i.e. understanding its existing vulnerabilities and setting up a framework for addressing them before incidences can occur.   By sharing and coordinating relevant information and existing security processes my goal was to help trainees be better able to protect assets, people, property (tangible and intangible), and archival information, before a loss occurs.

With so many incidents happening in the last decades in this region we still tend to look at the conflict itself and how to stop the trafficking of stolen goods after they have already been taken.  We need to start thinking outside the box and start looking how we can predict those incidents before they occur, and with that knowledge how we can find and develop solutions, measurements and support how to prevent them. And for the record, no I do not mean that this can stop a conflict, I mean that if it obvious that there can be a conflict, we should not wait until it is happening and react to it then.

Time to look further ahead as well as looking back.

Although I understand the current situations occurring in this zone, and the sensitive feelings of those involved, knowing that until now, their focus has been on getting the stolen, plundered or otherwise stolen or destroyed cultural heritage objects back, it is also time to look forward and try the prevent the next possible situation to happen.  I’m proud and honoured that I was asked to be part of this training and hope that a little seed of proactivity was planted, and there, will continue to grow.

Dick Drent, CPE
Founding Director, Omnirisk
Associate Director, SoSecure Intl.
Museum and Site Risk Management Expert

October 13, 2017

Seizure - archaic marble torso of a calf bearer from the collection of Michael Steinhardt

In further identifications connected to the recent seizure and pending repatriation of a Lebanese marble bull's head, Assistant District Attorney Matthew Bogdanos through the New York authorities has issued another warrant on October 10, 2017 requesting the seizure of a second antiquity also believed to have been plundered from Lebanon during its civil war.

This object, an archaic marble torso of a calf bearer, was also acquired by William and Lynda Beierwaltes and then sold to New York collector Michael H. Steinhardt, in 2015. 

Steinhardt's collecting has come under scrutiny in the past.

The seizure warrant states that the described property constitutes evidence, and tends to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  

Criminal Possession of Stolen Property in Second Degree – NY Penal Law 165.52

A person is found guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

Criminal possession of stolen property in the second degree is a class C non violent felony in New York.  

The warrant document further authorises law enforcement personnel to videotape and photograph the interior of Michael H. Steinhardt's 5th avenue apartment as well as grants them permission to review stored electronic communications, data, information, and images contained in computer disks, CD Roms, and hard drives. 

A copies of the public domain record filed with New York County on this case can be found in the case review files on ARCA's website here



Lynda and William Beierwaltes against Directorate General of Antiquities of the Lebanese Republic and the District Attorney of New York County - Notice of Voluntary Dismissal


Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, 
the case involving plaintiffs William and Lynda Beierwaltes and a Marble Head of a Bull (ca 500-460 BCE) filed with the United States District Court for the Southern District of New York has been voluntarily dismissed with prejudice.

Copies of the public domain records on this case, including this Notice of Voluntary Dismissal written on October 11, 2017, can be found in the case review files on ARCA's website here. 


October 12, 2017

Pending Repatriation: The Illicit Passages of a Marble Head of a Bull (ca 500-460 BCE)


Marble Head of a Bull (ca 500-460 BCE),
 (image courtesy the Metropolitan Museum of Art, New York
On Wednesday, through lawyer, William G. Pearlstein, collectors William and Lynda Beierwaltes released a formal statement on the Marble Head of a Bull (ca 500-460 BCE) seized by the New York District Attorney’s office on July 06, 2017 while on loan at the Metropolitan Museum of Art over suspicions that the antiquity had been pillaged from Lebanon during that country's civil war.   The bull's head sculpture was acquired by the couple on November 27, 1996 for US$1.2 million from one of the (now) most notorious dealers in the antiquities world, Robin Symes.

Through their attorney, the statement read:

“After having been presented with incontrovertible evidence that the bull’s head was stolen from Lebanon, the Beierwaltes believed it was in everyone’s best interest to withdraw their claim to the bull’s head and allow its repatriation to Lebanon.”

This decision was taken after the State of New York's 68-page Application for Turnover went into painstaking detail on how this plundered antiquity made its way illicitly to the United States.  That document can be read here.

In a letter to the Honorable Daniel P. FitzGerald with the Supreme Court of New York County, Assistant District Attorney Matthew Bogdanos writes that the Beierwaltes have signed a stipulation consenting to the Court’s release of the Bull’s Head to the Lebanese Republic pursuant to N.Y. Penal Law §450.10 on the disposal of stolen property and the N.Y. Criminal Procedure Law §690.55 on search warrants and the disposition of seized property.

A copy of this letter can be read here. 

This voluntary forfeiture paves the way for a formal ceremony of repatriation, in which the Bull's Head will be handed to a representative to be designated by the Lebanese Ministry of Culture within 15 days.

According to a New York Times article, Assistant District Attorney Matthew Bogdanos and researchers which have supported his case spotted another potentially looted antiquity, also from Lebanon.  This object, a marble torso of a calf bearer, was identified in a photograph taken inside the Beierwalteses’ home for the June 1998 special issue of of House & Garden magazine.

The photos for this magazine are included in publicly filed documents with the New York District Attorney case and can be read here.

According to an article by Colin Moynihan for the New York Times, Attorney Bogdanos has stated that this object too may have been plundered from Lebanon prior to it being acquired by William and Lynda Beierwaltes.  The article goes on to specify that the Beierwalteses then sold this object on to New York collector Michael H. Steinhardt, in 2015.

The DA's office has stated it has obtained a warrant to seize this object from Mr. Steinhardt.

September 25, 2017

The Illicit Passages of a Marble Head of a Bull (ca 500-460 BCE) and some familiar names


Marble Head of a Bull (ca 500-460 BCE),
 (image courtesy the Metropolitan Museum of Art, New York
July 6, 2017 Manhattan prosecutors initiated custody of a 2,300-year-old marble bull's head, that was on loan to the Metropolitan Museum of Art over suspicions that the antiquity had been pillaged from Lebanon.  In additional documents filed with New York’s Supreme Court on September 22, 2018 by Manhattan Assistant District Attorney Matthew Bogdanos, senior trail council in the office of New York County District Attorney Cyrus R. Vance Jr., New York authorities reconstruct the journey of this ancient sculpture from its theft during the Lebanese civil war through its passage in the hands of antiquities dealers well known to readers of this blog.

Damningly, the report further outlines the extreme lack of due diligence on the part of wealthy US collectors who purchased the stolen object for their collections despite the sculpture's alarming lack of legitimate pedigree.

The State of New York's 68-page Application for Turnover goes into painstaking detail on how this plundered antiquity made its way to the United States.  This entire document can be read here.

Jason Felch, has also given an excellent distilled synopsis of this court document on his blog.  His summary can be found here. 

The bull's head sculpture was acquired by Lynda and William Beierwaltes on November 27, 1996 for US$1.2 million from one of the (now) most notorious dealers in the antiquities world, Robin Symes.


Building one of the world's largest ancient art businesses, tainted Symes and Michailidis antiquities also were purchased for museum collections around the globe, including the J Paul Getty Museum, the Minneapolis Institute of Arts and the Metropolitan Museum.   At the height of their unethical enterprise Italian authorities estimated that Symes and Michailidis' jointly-run ancient art business earned them an estimated 170 million euro, but a series of missteps proved the Symes' undoing, literally and figuratively and in 2005 he served 7 months of a 2 year jail sentence for disregarding court orders over the sale of a £3M Egyptian statue.

Art Dealer Robin Symes
In 2006 Symes was further implicated as being part of one of the most sophisticated illicit antiquities networks in the world.   In the book “The Medici Conspiracy: The Illicit Journey of Looted Antiquities from Italy's Tomb Raiders to the World's Greatest Museums” Peter Watson and Cecelia Todeschini outline Symes' assets which included thirty-three known warehouses encompassing some 17,000 objects worth an estimated £125 million ($210 million).The writers also clearly illustrate  Symes ties to traffickers connected through Europe's illicit antiquities trade. Each of the museums mentioned above were subsequently forced to relinquish purchased looted objects that had been laundered illegally and which at one time had passed through illicit networks connected to Symes.  This is likely one of the reasons why the loaned object rang alarm bells with curatorial staff at the Metropolitan Museum. 

It is worth noting in relation to the bull's head that according to Bogdanos' Application for Turnover, the bulk of the Beierwaltes' substantial collection had been sourced through Symes and his partner.  Also of note, it wasn't long after Symes' January 2005 sentencing that the Colorado couple elected to contact Hicham Aboutaam and his brother Ali about the possibility of their firm, Phoenix Ancient Art, acting as their agents in the sale of objects from their collection originally acquired through Symes.

After the Aboutaam's appraisal, the couple elected to consign the marble sculpture and other objects to Phoenix Ancient Art where the brothers' firm would act as the Beierwaltes' exclusive dealer. In 2010, the Aboutaams then brokered the sale of the bull's head to Michael Steinhardt and Steinhardt shortly thereafter, finalized the loan to the Metropolitan Museum of Art.

After learning that the object was to be subject to seizure, Steinhardt then prssured the Beierwaltes to take back the object and compensate him for his losses.

If it seems too good to be true, it probably is.

In their pursuit of the rare and beautiful, both Steinhardt and the Beierwaltes are not amateurs when it comes to collecting ancient art. Both have amassed million dollar collections and both should have been able to recognise the material consequences of the illicit trade in providing material for the market.  Furthermore, the limited collection documentation associated with these objects should have raised further red flags.  With such a spartan amount of documentation, both collectors should have walked away from the object doubting its legitimacy on the licit market.  Yet neither collector put much, if any, emphasis on rigorously researching the provenance of the object prior to its acquisition.

In the case of the Beierwaltes it also seems possible that the couple, having learned of Syme's problems with the law, established a consignor/consignee relationship with Phoenix Ancient Art and the Aboutaams in order to recoup a portion of their their financial investment once they came to see the associated liability of having a $95 million collection sourced by, and purchased through, Robin Symes.