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Showing posts sorted by relevance for query Steinhardt. Sort by date Show all posts
Showing posts sorted by relevance for query Steinhardt. Sort by date Show all posts

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



January 15, 2018

IDs from the archives in the Michael Steinhardt and Phoenix Ancient Art seizures

Image Credits:
Left - Symes Archive, Middle - New York DA, Right - Symes Archiv,

Earlier today ARCA was informed by Christos Tsirogiannis of matches that he has made from the confiscated archives of Medici, Becchina and Symes-Michaelides which are related to the recent antiquities seizures made by the state of New York law enforcement authorities earlier this month.

Identifications made from these archives, confiscated by the Italian authorities (with the cooperation of the French and Swiss) and Greek police and judicial authorities, have already facilitated numerous repatriations of antiquities which have passed through the hands of traffickers whose networks are known to have plundered objects from Italy and Greece.

Of the 16 artifacts reported as seized by the Manhattan District Attorney's Office from the home and office of retired hedge-fund billionaire Michael Steinhardt and Phoenix Ancient Art, an ancient art gallery co-owned by Hicham Aboutaam in New York City, Tsirogiannis has tied 9 objects conclusively to photos in all three archives.  Several others objects might be a match, but the DA's publically released photos have been taken from differing angels or opposite sides of the objects so they remain to be confirmed.

The object at the top of this article, a Greek Attic Monumental White-Ground Lekythos used to pour ritual oils at funeral ceremonies, seized from Michael Steinhardt's property,  matches 5 images from the archive of British former antiquities dealer Robin Symes, all of which depict the vessel from various sides.


The Proto - Corinthian pottery figural representing an owl;
the Corinthian terracotta figural vessel representing a lion;
the Corinthian Bull’s Head;
the Ionian sculpture figural representing a ram’s head;
and the Attic Aryballos in the form of a Head of an African;
--were each purchased by Steinhardt in either 2009 or 2011.

These 5 objects along with the Rhodian Seated Monkey seized at Phoenix Ancient Art each match photographs found in the archive of antiquities dealer Giacomo Medici.

The Apulian Rhyton for libations in the form of a Head of an African listed in the warrant appears in a photocopied photo in the archive of antiquities dealer Gianfranco Becchina.

It should be noted that in the joined composite image of the archive photos above, each of the six antiquities have been photographed by someone using the same light-colored hessian (burlap) material as a neutral background.  This could indicate that the antiquities where photographed by a singular individual once the objects arrived under Medici's control. Alternatively, it could mean that the ancient objects have been photographed by a singular individual who then shopped the objects, directly or indirectly, through illicit channels to Medici, who in turn, kept the photographs in his archive as part of his inventory recordkeeping.

As demonstrated by this case, each of these dealer's inventory photos provide valuable insight into the illicit trade in antiquities and which when combined, includes thousands of ancient objects from all over the world.  Many of these objects, those without documented collection histories, likely passed through the hands of smugglers, middlemen, and antiquities dealers who "laundered” the illicit objects onto the licit market.

It would be interesting to know, from the antiquities buyer's perspective, how many private investors of ancient art, having knowingly or unknowingly purchased illicit antiquities in the past, later decide to facilitate a second round of laundering themselves, by culling the object from their collection and reselling the hot object on to another collector.  By intentionally failing to disclose the name of a known tainted dealer, these antiquities collectors avoid having to take any responsibility for the fact that they too have now become players in the game.

While staying mum further facilitates the laundering of illicit antiquities, this option may be seen as far easier to collectors who have invested large sums into their collections than admitting they purchased something, unwisely or intentionally, with a less than pristine provenance pedigree.  To admit to having bought something that potentially could be looted might bring about the loss of value to the asset.  Furthermore by confirming that the antiquity has an illicit background as verified in archives like those of these traffickers, would then render the object worthless on the licit art market.  Worse still, it is likely that their antiquity would then be subject to seizure and repatriation.

By: Lynda Albertson

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.

August 31, 2017

Updates on Turkey’s lawsuit over the multimillion-dollar, 5,000-year-old antiquity known as the Guennol Stargazer.


On August 28, 2017 attorneys for Michael Steinhardt and Christie's filed a lengthy, contentious Motion to Dismiss in the US District Court (SD/NY) related to CIV. ACT. NO. 17-cv-3086 (AJN), Turkey’s lawsuit over the multimillion-dollar, 5,000-year-old antiquity known as the Guennol Stargazer

Screenshot from “The Exceptional Sale,” April 2017
Image Credit: Christie’s New York
The "motion to dismiss" in this case seeks a court order to dismiss the plaintiff's claim on the statutory grounds that such a claim was untimely brought.

Under New York law, barring the expiration of the statute of limitations or application of the laches doctrine, one cannot obtain title from a thief unless the present-day possessor's title can be traced to someone with whom the original owner voluntarily entrusted the art.  As a clear title is not possible in the case of the Guennol Stargazer, it will be up to Steinhardt and Christie's attorney to make a case on the laches defense, where it is clear that the plaintiff, in this case Turkey, unreasonably delayed in initiating an action and a defendant(s) are unfairly prejudiced by the delay.

The purpose of the doctrine of laches is to safeguard the interests of good faith purchasers, in this case of lost/stolen art, by weighing in the balance of competing interest, the owner's diligence in pursuing their claim.   

While delay in pursuing a claim for the Stargazer is generally considered in the context of laches under New York law, it has long been the law of this state that a property owner, having discovered the location of its lost property, cannot unreasonably delay making demand upon the person in possession of that property.

Attorneys for the defendants believe that the repatriation lawsuit must fail as there is evidence that Turkey knew about the Stargazer’s location for longer than three years before it sued, providing the court with a graphic charting that shows when the object first became publicized, implying Turkey's claim, twenty years after its first public announcement, is unreasonable.

The auction home points out that given that the idol’s arrival in the US, it has been referenced on numerous occasions  in museum catalogues and educational publications. 

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.

August 12, 2022

Raffaele Monticelli's connection to Bank Leu A.G. and to the Getty Villa's "Seated Musician and Sirens" AKA Orpheus and the Sirens

In a tightly worded announcement made on 11 August 2022 the J. Paul Getty Museum revealed that it will finally relinquish its nearly-lifesize terracotta sculptural group "Seated Musician and Sirens" to the Italian authorities "after evidence persuaded the museum that the statues had been illegally excavated."  In elaborating on the three sculptures' return, directors Timothy Potts, Maria Hummer-Tuttle and Robert Tuttle of the J. Paul Getty stated "Thanks to information provided by Matthew Bogdanos and the Antiquities Trafficking Unit of the Manhattan District Attorney’s Office indicating the illegal excavation of Orpheus and the Sirens, we determined that these objects should be returned." 

While this announcement seemed like breaking news across the English speaking world, making several major news publications, it's not to those living and working on Italian cultural heritage losses. Many of those who have been following the tug of war between Italy and the Getty museum for more than a decade have felt that these objects, coming from the Magna Graecia colony of Taranto, should have already come home, and are curious as to what confirmatory evidence the New York authorities now have about these objects' illicit past and those who handled them which finally resulted in the museum's sudden release of their prized grouping. 

As backstory, the seated poet and his two standing sirens were confiscated in April 2022 as part of New York's investigation into an accused Italian antiquities smuggler. Originally brightly painted, this large-scale sculptural ensemble was purchased by John Paul Getty Sr.,  the founder of Getty Oil Company, in the spring of 1976 with no known provenance aside attesting to its collecting history, aside from the name of the Swiss bank seller.

Orpheus, seated on his chair, with footstool, and slab, is missing part of his musical instrument (probably a plektron) and the middle finger of the left hand.  Reassembled from a number of fragments prior to its acquisition by the Getty, his legs, head and other sections appear to have been reconsolidated, leaving him mostly intact.  Missing sections were also filled in, and smoothed over, with obscuring encrustations added on the body and the head, perhaps to conceal break lines which can sometimes be indicative of illegal excavation. 

Like with the sculpture of the poet, both of the sirens in this grouping also show signs of having been reconstructed from multiple fragments.  On the first siren, gaps can be seen in her short chiton and in her right claw.  For the second, most of the curls and the little finger of her right hand have been broken off the statue at some point in her transport out of Italy. 

But what did John Paul Getty Sr. have to say about their circulation on the art market and his collecting habits as he filled his new museum?

Prior to his death, and in ever declining health despite being deeply involved in the construction and opening of the Getty Villa,  Getty made multiple final acquisitions for his museum, with little attention towards the provenance and via several suspect brokers of ancient art who repeatedly have been accused of  trafficking in antiquities.  These purchases are outlined in his March 6, 1976 diary entry and include:  

  • a 530 BCE Archaic marble head from Heinz Herzer worth 56,000 DM (Object Number: 76.AA.6);
  • a Greek Attic Panatheniac Amphora Attributed to the Nichomachos Group from Nicolas Koutoulakis worth 70,000 USD (Object Number: 76.AE.5.a);
  • a Statue of Togatus from Bank Leu, A.G. for 61,000 SF;
  • a 180 BCE Hellenic Marble Head from Muhammed Yoganah for 50,000 USD;
  • a 100–250 CE Toman silver statuette of Venus from Mathias Komor for $7500 (Object Number:76.AM.4);
  • a 210 CE Front of a Sarcophagus with the Myth of Endymion from Robin Symes for 30,000 GBP (Object Number: 76.AA.8.b);  
and finally, 
  • the group of 3 statues made in Tarentum at the end of the 4th century BCE for $550,000 from Bank Leu, A.G. (Object Numbers: 76.AD.11.1, 76.AD.11.2 and 76.AD.11.3).
Getty wrote in his dairy that all of the artefacts above, had been purchased on the recommendation of Jiří Frel, the Getty's Czech-American archaeologist.  Frel, was the J. Paul Getty Museum's first Curator of Antiquities would later be implicated in a number of controversies that tarnished the reputation of the museum.  Based on suspicions of malpractice, he was placed on paid leave from the Getty in 1984 and was allowed to quietly resign in 1986.  

After leaving the California museum, Frel, served as a consultant for wealthy European collectors, taught classes, and shuttled between residences in Budapest and Italy. At one point he even registered himself as being domiciled in Sicily, setting his residence in the palazzo of the problematic antiquities dealer Gianfranco Becchina in Castelvetrano.

Speaking with Italian journalists, New York prosecutor Matthew Bogdanos from the Manhattan District Attorney's Office's Antiquities Trafficking Unit stated that the J. Paul Getty Museum had cooperated with the DANY regarding these pieces after their seizure, but underscored that their seemingly impromptu restitution is still part of an ongoing criminal investigation being conducted by the Manhattan office in collaboration with the Comando Carabinieri per la Tutela del Patrimonio Culturale.  Bogdanos added that the museum's repatriation statement, released by the Getty, "left half of the truth out" and by that one can surmise he is referring to their seizure the previous April. 

Speaking further, Bogdanos added that this multi-year investigation started with the exploration of suspect market actors his team has spent years investigating.  The prosecutor underscored that this sculpture group's illegal removal from Italy, and export to the United States via Switzerland, involved a well known trafficking network which is known to have operated in Italy for decades.  

One member of this network who has now been publicly identified is Raffaele Monticelli, the retired elementary teacher, who gave up teaching for the more lucrative roll of middle man broker of illicit antiquities.  Monticelli has been arrested several times, and connected to multiple trafficking networks for decades.  Most recently, in late 2021, he was arrested by the Dutch authorities after having carried a looted helmet to Delft for restoration.

If we take a look at the Manhattan District Attorney's Office's Michael Steinhardt statement of facts, we can also determine, on page 36, that Raffaele Monticelli also had a relationship with Leo Mildenberg, the late Swiss numismatist for the Swiss private Bank Leu A.G., who is known to have brokered sales both for Raffaele Monticelli and for Gianfranco Becchina. 

How long has this restitution taken? 

The sculptural group first appeared as a grouping of high concern in the list of identified finds drawn up by Italy's Ministry of Culture at the beginning of 2006.  

The Taranto provenance, in addition to appearing in the digital record compiled by the J. Paul Museum, is supported by Italian scholars Pietro Giovanni Guzzo and Angelo Bottini who published the grouping purchased by the Getty in 1976. 

Furthermore, an article, published in the "Gazzetta del Mezzogiorno" dated 30 November 2006, and republished in the web magazine "patrimoniosos" stated "the comparisons with the monumental groups in terracotta found in central and southern Italy and the representations we have on the ceramic finds of Apulian production, which document the presence of decorative terracotta statues on the monumental tombs of Taranto, dispel any doubts about their origin from southern Italy "


Photographs of the pieces were also seen in 2018 in a series of black and white photos documenting portions of the restored sculptures on the 8 December 2018 RAI documentary "Petrolio - Ladri di Bellezza" produced by journalist Duilio Giammaria and Senator Margherita Corrado has repeatedly spoken in the XVIII Session of the Italian Senate about the need to bring these artefacts home.

Yet, despite all that, the 4th century BCE sculptures were (still) center stage on the ground floor of the Getty Villa in California's Pacific Palisades during the museum's  exhibition: Underworld - Imagining the Afterlife as late as October 31, 2018–March 18, 2019.   They were removed only after this investigation came to a head earlier this year.  

When Orpheus and his Sirens eventually fly home in September, they will initially go on display in the Museo dell'Arte Salvata (Museum of Rescued Art), housed in the Octagonal Hall at the Baths of Diocletian in Rome.  Perhaps by then we will be able to publicly share how the New York District Attorney's Office in Manhattan, HSI-ICE and the Italian Carabinieri moved this case successfully forward. 


August 31, 2017

UK Art dealer arrested in Los Palacios, Spain for stealing antiques and on an order of extradition to Italy

Objects seized.  Image Credit: Guardia Civil / DGGC
Identified during a routine inspection of guest lists for lodgings in Los Palacios y Villafranca, a city located in the province of Seville, Spain's Guardia Civil, has detained a British citizen on August 16, 2017 on an arrest and extradition warrant from Italy for the alleged theft of antiquities and cultural heritage objects.

Reported Tuesday, August 29, 2017 in a published statement by the Civil Guard, the detainee, was listed simply with his initials, W.T.V.  At the time he was detained, he was found to be in the possession of 140 objects, including ancient oil lamps, ancient Roman and Arab origin coins, rings, clay tiles and five burner phones. Despite the large quantity of artefacts in his possession, authorities have stated the arrestee was unable to show proof of legal ownership.  

While the full name of the individual was not stated in the press release, the arrestee's initials belong to an expatriate Hungarian coin dealer named William Veres who once managed a company named Stedron based in Zurich, Switzerland.  Veres is known to have worked out of both the UK and Spain and has had his name attached to various illicit activities. 

If Vere's name sounds familiar it is because we mentioned him on this blog one week ago.  He is one of two individuals prosecuted for his earlier role in the illicit sale of a $1.2 million fourth century BCE gold phiale forfeited to Italy by Michael Steinhardt following a lengthy court case and appeals in the United States. 

Working with the Carabinieri in Italy it will be interesting to see what Spain's Guardia Civil will be able to determine regarding the provenance of the objects found in this dealer's possession.  

Now in custody, he will likely be sent back to Italy via the European Arrest Warrant (EAW) system, applied throughout the EU to replace Europe's old lengthy extradition procedures within the territorial jurisdiction.  Through the EAW crime suspects are extradited at the request of foreign countries without the evidence against them being examined in the court of the country where they are detained. 

An EAW may be issued by a national judicial authority if:
  • the person whose return is sought is accused of an offence for which the maximum period of the penalty is at least one year in prison;
  • he or she has been sentenced to a prison term of at least four months.
Having appeared before a judge at a closed hearing in Madrid, it is not yet clear if Veres has agreed to being extradited or whether he will fight the attempt to return him to Italy to face prosecution.

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 20, 2022

Reconceiving Restitutions - A look at the work (and one worker) behind the sensational restitutions accomplished by the New York District Attorney's office in Manhattan

Assistant District Attorney Matthew Bogdonos and four of the ATU's analysts

Trigger Warning:  This is probably going to be the longest article ever written on ARCA's Art Crime blog.  

Stolen cultural objects should be returned to their owners.  

This concept seems straightforwardly simple, and certainly isn't novel.  The duty to prosecute criminals and return stolen property, obtained in violation of the law, goes far back in time.  In some cases, even farther back in history than the very artefacts we passionately advocate for the restitution of.

The concept of punishments for thieves was already written into law...in the 20th century BCE.  

The earliest artefacts known to us outlining a compilation of legal rules and punishments is written in Akkadian.   Unearthed in 1945 and 1947, at Tell Abū Harmal in the outskirts of Baghdad, the two parallel copies of the Eshnunna Law Code outline a historic structure to everyday legal matters and the nature and treatment of criminals, as well as the application of sanctions in the Old-Babylonian kingdom of Eshnunna.  These inscribed cuneiform tablets detail the type of punishments to be meted out for criminal offenses in the second millennium BCE.  

Get caught stealing in broad daylight?  The penalty for the offender was pecuniary (5 siqlu of silver) and one hopes at least a few scathing looks from members of the community.  But stealing something under the cloak of darkness or the selling of stolen goods was considered a serious crime (grand larceny) and this level of wrongdoing could cost the pilferer his, or her, life. 

Nowadays, in the United States and in most of Europe, individuals convicted of cultural property thievery receive only "daylight" sentences.  Regularly, they amount to probation, or probation with fines of varying sizes.

It's only been quite recently where we have seen a divergence of this rule, with New Yorker Michael Steinhardt's first-of-its-kind, lifetime ban on the further acquisition of antiquities.  More often than not, antiquities plunderers die of old age before an aggrieved society gets to see them face justice in the courts.  Still others deftly zig and zag past numerous discrepancies in national laws, or statutes of limitations, and avoid convictions altogether, as slippery as a sizzling pat of butter sliding in a cultural property legislation frying pan.  

Regularly, the criminal handlers that are formally charged for dealing in purloined antiquities, plead out, and never face a jury of their peers.  Instead, their courtroom presentations before judges follow closely on years-long discussions, between defence counsel and prosecutor, where both sides hammer out cooperation agreements whereby the indicted individual coughs up sufficient intelligence to convince the prosecutor to make a recommendation to the judge for a lighter sentence when the value of their cooperation is considered “substantial.” 

When folks like these appear before the court and enter their guilty pleas, their carefully worded, public-facing, contrite confessions are not an extemporary admission of wrongdoing.  And although written up in newspapers as seemingly so, these admissions (seldom) carry with them any genuine or profound sense of remorse toward the aggrieved societies their businesses robbed.  

Instead, their guilty plea confessions are well-scripted lines in a passion play, crafted by counsel and designed to relay to the judge that the indicted individual is admitting their guilt voluntarily.  In making their plea, the defendant has consulted with their attorney and acknowledges that they willingly give up important constitutional rights, including their right to a trial by jury, the right to testify or not testify, and the privilege against self-incrimination (meaning the right to not reveal information about criminal acts that they may have committed).

In “accepting responsibility” for their actions these formerly upstanding members of the art market, are banking on leniency, based on earlier assistance agreements, while acknowledging that they are prepared to accept the recommendation of the prosecutor (or in Federal cases the judge) as to the sentence or other disposition of the case.

The formulaic style of ARCA's restitution articles (which hold true for the majority of newspapers as well).

Usually, when stolen or plundered cultural property returns home, ARCA writes an article on said restitution in what can be seen as a fairly predictable format.  One that repeats itself, more or less, regardless of where the object was stolen from, when or where it was recovered, and detailing its send-off back to whence it came. 

In drafting our articles, we comfort ourselves that justice in the form of restitution, has, at least in some way, been served.  Then we move on to creating a headline that specifies exactly what is going home and to whom.  

We generally open our story with a photo of the object, or objects, and as best we can, move quickly on to giving credit to the prosecutor or prosecutors, law-enforcement agents, governmental officials, non-governmental organisations, legal experts, academic professionals, and citizen activists whose efforts were involved, naming those directly involved by name when we can and by the agency when for investigative reasons we can't.  

We also take some time to thank the ministry workers, politicians, and law enforcement agencies who represent the receiving source country, as well as their own stakeholder institutions.  These are the people who work on the other side of the seizure equation, and their involvement is often just as critical. 

After thanking the "good guys" and adding a few photos of the pomp and circumstance which inevitably accompanies a handover ceremony, we move on to the artwork's storytelling, being sure not to interfere with any additional ongoing investigations, but hopefully illustrating why it's important for these historical objects to go home. 

We then spend some time connecting the places the object originated from, when the artefact was likely uprooted from its find-spot, and as best we can, illustrating whose hands we have confirmed that the artefact has passed through.  This story-weaving serves twofold. It helps, we hope, bring the artefact, and the people who made it, to life, and to perhaps illustrate the circuitous routes these pieces take as they are laundered over and over again to make them appear reasonably legitimate to buyers.  In crafting this part of our article, we try where we can, to emphasise the loss to  aggrieved societies, and to illustrate that in some cases these are not simply beautiful sculptures, but also sacred idols to some religious groups or grave goods from someone's grandfather's grandfather's grandfather's grandfather whose burial place shouldn't be plundered.

Lastly, we usually close our articles with a bit of scolding, a reminder if you will, to collectors and dealers about the necessity of conducting and not overlooking due diligence.  We hope that in doing so, we as writers apply subtle pressure on art market actors to try and do better.  We also hope that our articles leave a connect-the-dots trail of negative publicity breadcrumbs of who knowingly did what and during what time period, so that lessor-informed buyers and researchers might find these missives when googling some of the art market's problem children. 

But on to the real point of this blog post...it takes a village, no really.

While restitution articles regularly lament the loss of moveable culture to the source country or society, and spend time focusing on the artefact's cultural significance, we don't often drill down into giving anything beyond cursory credit to the people who make recovery their life's work.  If names get mentioned, it's because they are the ones handed out to journalists via formal press releases, and listed as the important actors and agencies involved.  And it is this very naming, which does not necessarily weigh who did what or over how many hours, named or unnamed, that hardly ever gets expressed in the cultural diplomacy restitution equation. 

Some of the people who work on antiquities trafficking evidence are underpaid, relative their talents, and some are not paid at all.  Both work to sift through the "noise" of available data to find sufficient evidence which meets the threshold of the legal framework of the country where the suspect artwork or antiquity has been identified.  Many of these dedicated folks are truly not in it for the glory of having their names up in lights, but because they have a deep and abiding belief that these artefacts can, and should, go home.

To emphasise this, I have chosen to focus the rest of this article on just one of these team players, whose job it is to sift through both the chaff and the grain of all the available information surrounding a suspect object.  One of the people who assists in determining what constitutes direct or circumstantial evidence in proving a crime. 

In doing so I want to emphasise that what these individuals accomplish is every bit as important, and in some cases more so, that just visualising a match between a looter photo and a matching object in circulation on the art market or in a museum or private collection.  Identifications are absolutely critical and necessary, but they are just one single part of each investigation. And while such IDs are persuasive evidence, one would be remiss to think that the identification alone is sufficient when building a case for seizure and, one hopes, eventual restitution. 

So, let's talk about just one of those people who deserves our thanks.

Apsara Iyer, Yale class of '16 onsite at Machu Picchu

I met Apsara Iyer, for the first time in September 2012, at University College London's Archaeology and Economic Development conference. Back then, long before she joined the Manhattan DA's Antiquities Trafficking Unit, she was a surprisingly enthusiastic and well-informed freshman at Yale University working on her Bachelors, and already thinking more expansively about the right to culture than most undergrads her age. 

As one of the conference's early career panelists, I was taken in by her enthusiasm for preservation, as well as her sincerity.  I listened with interest, as she knowledgeably spoke of spending time the previous summer in the Andes Mountains, above the Urubamba River valley and the impact of archaeological tourism on the indigenous Machiguenga communities in Peru.

Over a coffee during a break in the conference, we talked about folklore and the ancient traditions Señor de Tetecaca, Ullantaytampu and Machu Pikchu in the Valle Sagrado de los Incas and I laughed when I learned that she had successfully managed, at just 17 years of age, to get interviews from people in one of the most biodiverse places in the world.  Interviews which ultimately would shape the backbone of her presentation. 

Admiring her chutzpah, I'd later learn that her interest in historic preservation extended even farther back.  In high school Apsara had helped bury two time capsules on the grounds R.S. Peabody Museum of Archaeology, stuffing them with snippets from life in 2010, some whimsical and some bitter.  Two selected "artefacts" that struck me particularly were the BP gift card which served as a bitter reminder of the devastation caused by the Deepwater Horizon spill.  Equally poignant, were the two opposing news editorials on New York City's proposed Cordoba House, back then referred to by Islamophobes as the “Ground Zero Mosque.”

By her sophomore year at Yale, Ms. Iyer had already been bitten by the art market research bug, and I had to smile when she dropped me an email telling me that she was exploring the local valuations of heritage in Cusco, Peru, and Udaipur, India in comparison to auction data and that she planned to spend the following summer doing independent research on antiquities trafficking.  Although we didn't stay in close touch, I wasn't surprised to learn that after her MPhil, she had joined Assistant District Attorney Matthew Bogdano's team as an Antiquities Trafficking Unit analyst. 

And as glorious as that sounds, more often than not it isn't.  

Forensic analysts at the Manhattan ATU work long hours and they have to be adept fact and hypothesis sifters.  For every single artefact brought to the attention of their office as suspect, it's folks on the team like Ms. Ayer that ensure that an object's case file has sufficiently concretised evidence which can allow for its seizure under New York law.  And the amount of time it takes to make that happen should not be underestimated.   Sometimes though, when analysts dig deep enough, their labours pull together an enormous quantity of disparate threads and intel, helping the Manhattan office to identify other tainted pieces, and that's how complex, multinational, networks are eventually dismantled and that's why the DA's office is good at what they do.

Why do DANY press releases lead with numbers and price tags? 


Because investigations like these cost money, full stop.  It's important for prosecutorial offices, ministries, and law enforcement agencies to substantiate the fruits of their labour in terms of the number of objects returned, relative their value and demonstrating impact to communities.  Those higher up in the accounting of who-spends-how-much-and-doing-what food chain want stats which can justify the person-hours allocated in pursuit of these investigations. Press announcements have neither the space for, or an interest in drilling down into how many hours, or how many hands, took part in the process to achieve said results.

With pressing deadlines to be the first to report on a seizure or a restitution, heritage journalists also neglect that effort, and hours consumed by researchers, both inside and outside of law enforcement agencies.  Instead, we favour the stories of the objects themselves and the people they belong to, in our efforts to demonstrate that heritage crime is not as "victimless" as some would like one to assume.  At best, and somewhat haphazardly, we make room in our articles for a cursory outline of the steadfast researchers who combed through evidence in order to help combat this type of criminal enterprise. 

So, given that this week Manhattan District Attorney Alvin L. Bragg, Jr., has announced the return of 307 (more) antiquities valued at nearly $4 million to the people of India I'd like to do a little speculative math.  Bearing in mind that my calculations here are just my own working hypothesis, based upon the minimum amount of time I would estimate an antiquities analyst at the ATU may have put in when working on a single suspect object. 

Let's assume, conservatively, Apsara Iyer, or any of the another of the New York District Attorney's Office's ATU analysts has worked the following hours on one of the objects listed in Alvin Bragg's recent press release on their office's restitutions to India. 

1 day to coordinate identifications and communications with external experts;
2 days to track down and fact check all known provenance relating to when this piece appeared for the first time in circulation;
1/2 day to analyse the visual and or digital content/meta data of looter photos; 
1/2 day to analyse written correspondence between the handlers related to this object;
4 days to sift through all the direct and circumstantial evidence on this piece and organise a case file;
2 days to confer with lead counsel to work out strategies and to answer any additional unanswered questions;
1 day to write up and document all credible evidence, applicable under New York law, which can be used to request seizure or towards bringing criminal charges.

Total = 10 days x 8 hours per day or 80 hours per object. 
80 hours per object x 307 objects = 24,560 work hours 

Effort estimations like this can never satisfactorily be conveyed in a one page press release celebrating the return of stolen property.  Though they can, and should be thought about, discussed, conveyed and appreciated when digesting these grand success stories.   As it is this proven time and effort expenditure, which is every bit as critical to these restitutions as having the legal instruments in place which are favourable in a specific jurisdiction. 

So, while the formulaic nature of art restitution articles will hardly ever drill down to any level of who contributed what and over how many hours, this unspoken reality is still worth everyone being cognisant of.  Obviously, we still need evidentiary photos which demonstrate an artefact it its plundered state, but we also need dedication and analyses if these pieces are to become the success stories we all want them to be.  

I hope in the future, in reading ARCA's blog posts on who owns the past, instead of only focusing on the criminal actors, the opportunists, the bona fide owners and the higher ups that head the restitution teams, we also spend a bit more time acknowledging the work of the rank and file.  Sure, they sometimes get their picture taken at that all important restitution ceremony, but it's important for us to remember that they often have a more personal relationship with the artefact that is going home than most of the folks shaking congratulatory hands and smiling. 

To close, I'd like you to look at just some of the objects Apsara Iyer has worked on during her time with the Manhattan District Attorney's Office, not in terms of their quantity, but individually as each has its own story to tell.  Perhaps, as you pause over each photo thinking about the quantity of plunder these countries have been subjected to, you will also reconceive restitutions, recognising the roles and contributions of everyone who plays a part in the massive effort to analyse, investigate and combat this type of cultural property crime.  

























































































































































































































































 By:  Lynda Albertson