Showing posts with label Lynda and William Beierwaltes. Show all posts
Showing posts with label Lynda and William Beierwaltes. Show all posts

June 24, 2020

Another looted conflict antiquity from the Temple of Eshmun in Sidon, Lebanon seized. This time at Royal Athena Galleries in New York

Left Image provided by the NYDA's Office and HSI-ICE
Right Image from Royal-Athena Galleries catalog
When speaking of the effects of conflict antiquities, the market's most vocal proponents, the International Association of Dealers in Ancient Art (IADAA) and the Confédération Internationale des Négociants en Œuvres d’Art (CINOA) often reflect on the limited number of objects seen in market circulation derived from the recent Middle East conflicts.  Members in positions of power are invited to speak at UNESCO, stand at podiums at trade events, and write articles lamenting that collectors and the trade in an age-old tradition, are under attack by heavy-handed regulators.

They never seem to quite get around to discussing in detail any of the illicit artefacts that  HAVE made it into the ancient art market, sometimes not identified for decades, and long after their respective civil wars are resolved.  They also don't monetize their own profits from this slow trickle of conflict antiquities, which transfuse the ancient art market with financial blood, years after the human bodies that once fought around them stop bleeding.

The dealer associations don't like to talk about the painful scars of plunder from earlier wars, like the museum-quality Khmer-era statues that came to market following the civil disturbances in Cambodia.  Some of the finest examples of Cambodian art produced during the Angkorian period (circa 800-1400 CE) were extracted from that country and readily snapped up by art institutions and private collectors, despite the fact that they were pillaged and illegally exported.

Looted from Cambodia’s ancient temples, during the Cambodian civil war, which raged from 1970 to 1998, conflict antiquities from that non-middle east war did not begin to flow back to their country of origin until 2014.  Likewise, antiquities dealers known to be involved in the trade, like Nancy Wiener and Douglas Latchford, a/k/a “Pakpong Kriangsak”, weren't charged until 2016 and 2019 respectively, almost twenty years after the war concluded.

In the US charging document for Latchford, correspondence evidence by the collector-dealer brazenly admits to his informed role.  Speaking by email to a colluding market colleague, discussing a recently plundered bronze head, Latchford writes:

“was recently found around the site of the Angkor Borei group in the N E of Cambodia, in the Preah Vihar area. They are looking for the body, no luck so far, all they have found last week were two land mines !! What price would you be interested in buying it at? let me know as I will have to bargain for it.”

Latchford also sent this same dealer another email that included a photograph of a standing Buddha still covered in dirt.  In this email he exclaimed:

“Hold on to your hat, just been offered this 56 cm Angkor Borei Buddha, just excavated, which looks fantastic. It’s still across the border, but WOW.”

Interestingly, source-country export licenses never accompanied any of these pieces, known to be in movement after the invention of email, and long after Cambodia's laws for the protection of their culture were implemented. 

The dealer groups also never seem to mention that OTHER civil war in the Middle East. You know, the multifaceted civil war in Lebanon, Al-Ḥarb al-Ahliyyah al-Libnāniyyah, which lasted from 1975 to 1990 that was also responsible for 120,000 deaths and created one million refugees.

The Lebanese civil war was one of the most devastating conflicts of the late 20th century.  During that war, and from the Temple of Eshmun alone, excavated in 1967 under the oversight of French archaeologist Maurice Dunand, numerous artefacts were stolen in 1981 when a storage depot the Jubayl/Byblos Citadel fell to armed members of al-Katd'ib (the Phalangist Party).  Of those only twelve have been painstakingly identified and restituted back to Lebanon from various collectors and dealers.

Those artifacts included:

 one male head and three male torsos identified in a 1991 catalogue for Numismatic & Ancient Art Gallery, managed by Azzedine El-Aaji and  Burton Yost Berry in Zurich; 

 one male torso and one sarcophagus fragment offered for sale by Sotheby's London in its 8 December 1994 auction; 

 a marble male torso located with the Dorotheum Auction House in Vienna in 2000; 

 a marble male head identified by Jean-David Cahn in Basel and self reported for return in 2006; 

 a marble male torso identified with Galerie Gunter Puhze in Freiberg, Germany in 2017; 

 a marble bull's head, a torso of an athlete, and a torso of a calf bearer identified with purchases by collectors, George Lufti, Michael Steinhardt, and Lynda and William Beierwaltes in 2017. 

That was all, until this year. 

Last week marked the latest action in an effort by the Manhattan district attorney, Cyrus R. Vance Jr., to seize looted antiquities discovered in New York City in order to return them to their countries of origin.

One of those seizures turns out to be an ancient object, once described as a 130 CE Roman Marble Life-Size Portrait Head of an Athlete, also previously excavated at the Temple of Eshmun in Sidon and also stolen in 1981. 


This marble head was seized at Royal-Athena Galleries, a New York City-based gallery that is operated by Jerome Eisenberg.  According to authorities, once Royal Athena became aware of the evidence, they completely cooperated with the Manhattan DA’s Office and consented to the head’s return to Lebanon.

In Royal-Athena Galleries - Art of the Ancient World, Volume XXVIII - 2017, featuring 176 Greek, Etruscan, Roman, Byzantine, Egyptian, & Near Eastern antiquities, Eisenberg had described the seized artefact as follows:

Roman Marble Life-Size Portrait Head of an Athlete, possibly a pankratist. His closely cropped beard and thin moustache are suggestive of the styles favored by the athletes of the period. Sensitively carved of marble from the area near Saliari on the Greek island of Thasos, his strong countenance has alert deepset eyes and a  determined expression upon his parted lips.  Ca. 130 AD H 10 in. (26.7 cm) Ex French collection; W.H. collection, Westport, Connecticut, acquired from Royal-Athena Galleries in 1988.  Published J. Eisenberg, Art of the Ancient World, vol XVI, 2005, no 12.  

Even if scientific analysis of the statue-grade block of marble used for this magnificent sculpture were to reveal that the slab came from the Saliari marble quarries on Thasos, the movement of raw materials between the Phoenicians of Lebanon and the Greeks was common in antiquity.  But while the stone used for this sculpture could confuse dealers and collectors to the country of origin, its accompanying paperwork should not have.

Who were the owners Eisenberg codified as the "Ex-French collection" and "W.H. collection, Westport, Connecticut" and what export documentation was provided, if any, to justify this sculpture's legitimacy in the ancient art market?  These finer case details have not yet been made public by the New York authorities, and like the previous twelve recovered antiquities from the Temple of Eshmun, may further clarify which other ancient art dealers handled objects stolen during the Lebanese civil war,  and with whom or where they purchased them.

This new seizure in New York illustrates the difficulty faced by source countries in identifying historic conflict antiquities simply by trolling through every catalog, for every auction ever created, by any dealer, in any language in any country around the world; especially when the material used to create the artefact traveled, and might intentionally or unintentionally result in the object being mislabeled as coming from another country altogether.

In closing, I would like to underscore something as it relates to the difficulty in identifying conflict antiquities, and the seemingly impossible task faced by scholars, law enforcement, and source country ministries in bridging the gap between locating their plundered artefacts after the fact, years after these antiquities have infiltrated the ancient art market. I would also like to comment on how determining all the culpable hands these objects have passed through on their way to fine gallery showrooms in New York and other cities is a slow and tedious process which is not always a straight line to a restitution victory.

As this single incidence of plunder illustrates, the Lebanese Republic could not have reported this 1981 civil war-era theft to the Art Loss Register because the ALR had not yet been founded.  Even in 1991, after the ALR came into existence and began the never-ending task of archiving stolen objects around the globe, the archival photos for this theft, useful in cross-matching the stolen Temple of Eshmun objects, were only in the hands of a single foreign scholar, and not the Lebanese authorities.  This left the Ministry of Culture in Lebanon at a marked disadvantage for being able to prove irrefutably what objects in circulation absolutely belonged to them, and were in fact stolen from the Byblos Citadel antiquities depot during their civil war.

It wasn't until Professor Rolf Stucky, the former Head of the Department of Classical Archaeology at the University of Basel in Switzerland, and a colleague of archaeologist Maurice Dunand, published two books in 2005 that the Lebanese authorities got a much-needed lead which helped in the recovering of their antiquities.  Stucky's books contained critical photos that he had taken while working in Lebanon between 1973 and 1974 which matched with written excavation records for objects known to have been excavated at the Temple of Eshmun.  With these photos, the Lebanese authorities could start to sort out which artifacts had been stolen from the Byblos Citadel antiquities depot and already recovered and which objects were now known to still be missing.

Even with identifiable photos as to what belonged to whom, there are simply not enough eyes monitoring the ancient art market and too many mediums by which antiquities are sold, often misidentified, for source countries to recover all of their losses before the statute of limitations in various market countries makes investigations futile. In 2017, in seeking the seizure of the Temple of Ishmun Bull's head, Assistant District Attorney Matthew Bogdanos spoke to the cases he had worked on stating that his efforts had resulted in "multiple convictions, the seizures of thousands of antiquities totaling more than $150 million, and the repatriation of recovered antiquities to half-a-dozen countries".  And that's just the illicit antiquities in circulation that one State authority, with a dedicated prosecutor and a trained group of researchers, has managed to successfully detect.

What about the countries and cities where we don't have enough provenance eyes or a vigilant public prosecutor?  

So when the market responds that they satisfactorily self-monitor, or that the problem is with only a few bad eggs, or that the sector doesn't see a wide-spread problem with blood antiquities circulating which requires legislative oversight...

I beg to differ. 

By:  Lynda Albertson


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.

October 1, 2017

Art Crime Case Documentation


This autumn ARCA will begin working on a project to create a repository art crime related case documentation on criminal and civil proceedings relevant to researchers in the field. While national and international bodies and jurisdictional court systems offer the most comprehensive and up to date information to be found within the public domain on individual cases and the laws as they apply to those cases, researchers may find that they prefer to use other sources for reasons of functionality or comparative analysis. This is particularly true for art crime researchers looking to conduct searches in which they will be comparing cases or laws from multiple jurisdictions or nations. While this repository is at its preliminary stages, we hope that its growing list of public record documents will be of use to professionals and students interested in the study of art crime and its prosecution. Some cases which have preliminary public domain documentation include the following:

United States of America 

New York 

Lynda and William Beierwaltes v. Directorate General of Antiquities of the Lebanese Republic




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.