Showing posts with label due diligence. Show all posts
Showing posts with label due diligence. Show all posts

December 28, 2014

Columnist David Gill writes in Context Matters on "Learning from the Herm: The Need for more Rigorous Due Diligence Searches" in the Fall 2014 issue of The Journal of Art Crime

by Catherine Schofield Sezgin,
   ARCA Blog Editor-in-chief

In the Fall 2014 issue of The Journal of Art Crime, columnist David Gill writes in Context Matters on "Learning from the Herm: The Need for more Rigorous Due Diligence Searches":
The antiquities department of Bonhams planned to offer a Roman herm for auction on October 2, 2014 (lot 41). The herm was estimated to be sold for £10,000 to £15,000. It seems to be a Roman copy of the Hermes Propylaios set up next to the late 5th century BC monumental gateway, the Propylaia, at the entrance to the Athenian acropolis. The statue was observed there by the second century AD travel-writer Pausanias (I.22.8). The herm is known from a copy found at Pergamon in November 1903 (CS 1904) and now in Istanbul (Boardman 1985: 212, fi g. 189). The inscription on the stela reads in Greek: “You will recognise the fine state statue by Alkamenes, the Hermes before the Gates. Pergamios gave it. Know thyself” (trans. Boardman).
The display of such a statue in this royal city was unsurprising given the deliberate allusions to the city of Athens, and in particular to the Athenian acropolis, by the Attalids in the design. Andrew Stewart has suggested that a second type of herm is represented by an inscribed copy found in the Gymnasium of Vedius at Ephesus (Stewart 2003a; 003b). 
On 2 October 2014, the day of the Bonhams sale, Dr Christos Tsirogiannis was able to identify the Bonhams herm from the photographs and paperwork seized from the Italian dealer Gianfranco Becchina in Basle, Switzerland in May 2002 (Gill 2009, 78-79). The images were found in a fi le relating to Becchina’s associations with a Greek individual by the name of Zenebisis. The envelope containing the images were sent by Georgios Papadakis from Herakleion in Crete; the envelope is franked with the date 29 May 1987. The letter arrived in Basel (and was franked) on 1 June 1987. Someone has written on the envelope the name of Costas Gaitanis. Is Georgios Papadakis a genuine or a cover name? Why should Gaitanis be sending images to Becchina? Did Gaitanis have the herm in Greece? The evidence from the Becchina dossier suggests that the herm was being offered on the market in May 1987. 
Yet there is a problem. The herm offered at Bonhams was given a precise collecting history: “Nicolas Koutoulakis Collection, Geneva, acquired circa 1965, thence by descent”. This placed the herm in the period prior to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. But how could the herm apparently be on the Greek market in 1987, but at the same time have already been acquired by Koutoulakis in 1965 and then passed down as part of his collection by descent?
David Gill is Professor of Archaeological Heritage and Head of the Division of Humanities at University Campus Suffolk. He was a Rome Scholar at the British School of rome and a Sir James Knott Fellow at the University of Newcastle upon Tyne. He was subsequently part of the Department of Antiquities at the Fitzwilliam Museum, University of Cambridge, and Reader in Mediterranean Archaeology at Swansea University, Wales, UK. He has published widely on archaeological ethics with Christopher Chippindale. He has recently completed a history of British archaeological work in Greece prior to the First World War.

The complete column is published in the current issue of The Journal of Art Crime.  Subscriptions to The Journal of Art Crime or individual copies of eEditions or printed issues may be obtained through ARCA's website here.

May 13, 2014

ARCA Alum ('13) Gerald Fitzgerald publishes opinion piece in Art Papers on art market due diligence concerning provenance and the public record

ARCA Alum '13 and trial lawyer Gerald Fitzgerald published an opinion piece, "Give Us CPR" (May/June issue, 2014) in Art Papers (here's the first two paragraphs, you can read the rest of the text online):
A call for art market due diligence, concerning provenance and the public record. 
Provenance is the origin and history of ownership of a painting or object, and it is essential to determining the object's authenticity, monetary value, and secure title. Although reveling in sales boosted both by new market interest and freshly minted dotcom billionaires, the international art and antiquities market will soon stumble badly unless it embraces new technologies to centralize and to radically increase the scope, quality, and authority of provenance research.
The art market currently generates about $60 billion annually. It does so without meaningful regulation and is myopic in the intelligent use of contemporary tools. It functions almost precisely as it did in the early 19th century. Trust still governs in an increasingly untrustworthy environment. As a result this market is rife with forgery, fakery, looting, and sales of stolen objects, all accompanied by a morass of litigation. The way out of this quagmire lies not with increased legal action but in sewing shut the gaping holes in provenance research that permit such chicanery. The creation of a nonprofit Center for Provenance Research (CPR), funded by a small levy on market sales, is sorely needed to vet the legitimacy of what is traded. The greatest deterrent to fraud on the market is a decreasing ability to get away with it.