Blog Subscription via Follow.it

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

March 24, 2017

Repatriation: Roman sarcophagus held at Swiss Freeport finally clears last hurdle for its return to Turkey

Image taken September 23, 2015
by the Office of the Attorney General of the Canton of Geneva - Image Credit: AFP
In December 2010, Swiss Federal Customs Administration authorities, acting under new customs legislation to combat trafficking in works of art, requested access to the inventory of Phoenix Ancient Art SA., a major supplier of museum-quality antiquities, which stores ancient works of art at the Ports Francs et Entrepôts de Genève, a freeport located in a sprawling grey industrial building on the corner of a busy junction in southwest Geneva. 

For more information about freeports as a tax free haven to store art, please see a few of ARCA's earlier blog posts here, here, and here

At the time of the audit, authorities inspected the holdings of both Phoenix Ancient Art and its warehouseman and freight forwarder, Inanna Art Services.  During this inspection, Swiss authorities discovered, but didn't physically seize, a 1-2 ton, 150-180 CE Roman sarcophagus which depicted the twelve labours of the ancient Greek war deity, Hercules. According to customs information on file for the antiquity, the sarcophagus was imported into Switzerland in the name of Phoenix Ancient Art, which often used Inanna Art Services to store its goods or to transport works of art to and from other countries. 

This extraordinary ancient funerary object, likely only one of four of this significant quality documented in the ancient art world, had little in the way of detailed provenance.  For a piece of its quality to have nothing tying it to a previously known ancient art collection; no notations of its discovery or find spot, and nothing notable in the way of published scholarly examination of its style and iconography, rang alarm bells in Switzerland. 

In a recent video, with Al Jazeera news, Ali Aboutaam claimed that the ancient funerary object had been purchased by his father and had been in their family for 25 years. While under their control, he indicated that the sarcophagus had always been stored at the Geneva freeport aside from when it was shipped to the UK for conservation treatment.   Ali Aboutam added that in 2010 the object was sold to the Gandur Foundation as a donation to the Musée d’Art ed d’Histoire in Geneva and according to Phoenix Ancient Art's attorney Bastien Geiger, Sleiman Aboutaam purchased the object in the early 90s.

Phoenix Ancient Art had proposed the sarcophagus to billionaire Swiss tycoon and commodities trader, Jean-Claude Gandur in the spring of 2010 for an estimated $1 - 4 million saying that the firm was acting on behalf of a third party whom they interestingly refused to disclose.  Gandur, who made a fortune during the 1990s buying oil concessions in Africa, has long been a powerful collector of ancient art, as well as a long term patron of the Musée d’Art et d’histoire in Geneva. 

In consideration of the donation, Marc-André Haldimann, head of the archaeology department of the Musée d’Art ed d’Histoire of Geneva and the director of the museum, Jean-Yves Marin, went to the freeport and inspected the sarcophagus to carry out an appraisal for consideration.  The pair however remained highly skeptical of the lack of established information on the ancient sarcophagus, which implied possible illicit origins.  

How could such a prestigious object emerge on the ancient art market having never been talked or written about previously?   

Wouldn't the archaeologist who discovered such a masterpiece have mentioned this spectacular find in his or her field notes?  

Wouldn't a scholar of some repute have compared it in an academic article with the other known artworks by the same signatory group of sculptures or other sarcophagi depicting Hercules?

The only documentation Phoenix Ancient Art produced which attested to the fundamental question of this exceptional object's past, were independently established statements attesting that the ancient work of art was part of the Aboutaam collection from 2002 onward and a certificate from Art Loss Register attesting the object had been checked against ALR's known stolen art database registry.  Ultimately the sale to the Gandur Foundation was cancelled, in no small part because of suspicions that the object had been smuggled out of its source country. 

In March 2011, the Specialized Body for the International Transfer of Cultural Property at the Swiss Federal Office of Culture (FOC) issued a statement that they believed the sarcophagus had originated from the general area of the famous marble quarries of Dokimion in Phrygia, the present day Antalya region of Turkey. The Dokimeian white marble sarcophagus was likely sculpted sometime during the the second century, when the area was under Roman rule. 

Based on the FOC's examination, Swiss authorities alerted their counterparts in Ankara, and Turkey in turn, issued a demand for the restitution of the rare antiquarian work by a letter rogatory of July 2011. Turkey also sent a request for mutual assistance to the Geneva court and an inquiry was formally opened in Switzerland to look into alleged violations of the Cultural Property Transfer Act (LTBC).  This act requires art market professionals keep a register for 30 years, in which the "origin of the cultural property" is to be documented. 

In order for the sarcophagus to have been in good standing in Switzerland under the LTBC, the dealers would be obliged to prove that the acquired object was in an old collection outside the source country prior to 2005 or to demonstrate that the object was not stolen or exported illicitly after 2005.

In October 2013, the case made its way through Swiss court. The Geneva Chief Public Prosecution Office and the Chief Public Prosecutor of Antalya conducted a comprehensive joint study with the Swiss magistrate in charge of the case traveling to Antalya, Turkey where Turkish Public Prosecutor Osman Şanal provided access to witnesses.   

Testimonies were heard from Professor Haluk Abbasoğlu and Professor İnci Deleman who conducted excavations in the region where the sarcophagus was illegally excavated.   The Swiss prosecutor also met with an unnamed imprisoned smuggler serving time on a separate smuggling charge in Elmalı prison.  This smuggler allegedly confirmed that the artifact had been looted and smuggled out of Turkey. 

Based on the evidence gathered, on September 21, 2015 Swiss authorities ordered the repatriation of the sarcophagus. But international legal proceedings move at a snail’s pace and the return of this one object, approved by the Geneva Court of Justice on May 2, 2016, was slowed again, due to a challenge by the Swiss Federal Court. 




More on the dealers involved in this repatriation case.

Phoenix Ancient Art operates a gallery in New York city as well as in Geneva Switzerland.  Founded by Sleiman Aboutaam in 1968, the firm was incorporated in 1995.  The second-generation family business is now managed by Sleiman's sons, Hicham Aboutaam and Ali Aboutaam, who took over the firm's operation after Sleiman’s death in 1998.  The firm has been embroiled in a significant number of antiquities-related controversies. 

A sampling (not a complete listing) of other instances of concern involving this firm include:

A third-century CE South Arabian alabaster stele the brothers attempted to sell in May 2002 via Sotheby’s auction house in New York for approximately $20,000 to $30,000 in which they listed the provenance for the piece as having belonged to a private English collection. Sotheby's researchers conducting due diligence before the auction found published photographs of the stele indicating that this tablet, carved in low relief, with an image of the fertility goddess Dat-Hamin, had been stolen in July 1994 from the Aden Museum in Yemen's port city during the country's previous war.  This object was forfeited to the U.S. government in December 2003 and eventually returned to Yemen.  

Hicham Aboutaam was arrested in 2003 for smuggling a looted ceremonial drinking vessel from Iran into the US, claiming that it had come from Syria.  Hicham pled guilty to the charges in 2004, paid a fine, and the vessel was returned to the Iranian authorities.  Hicham Aboutaam stated that his conviction stemmed from a "lapse in judgment."

The Egyptian authorities have accused Ali Aboutaam of involvement with Tarek El-Suesy (al-Seweissi), who was arrested in 2003 under Egypt’s patrimony law for illegal export of antiquities. Ali Aboutaam was tried in absentia, pronounced guilty and was fined, and sentenced to 15 years in prison in the Egyptian court in April 2004.  To date, he has not served any of the Egyptian sentence. 

The Aboutaams voluntarily repatriated 251 Antiquities valued at $2.7 Million to the State of Italy in May 2009 tied to one of Italy's most notorious smuggling rings.

Advice on collecting ancient art

ARCA encourages its readers to remember that the only way to avoid looting is to pressure dealers and collectors to not participate directly or indirectly in looting through their sourcing and purchases.  Collectors of ancient art are only the most current stewards of objects with long and telling histories. The provenance, or ownership history of a piece of art is important and should detail strong proof that an object has come from a legitimately traded collection.  

Buying and trading in ancient works of art, without well documented collecting histories, simply for their beauty or for the purpose of rescuing them from countries in conflict, only encourages further looting and further laundering of smuggled illicit objects. 

ARCA strongly discourages collectors and museums from buying or accepting objects that cannot pass the 1970 test or which lack a legitimate export permit from the actual and correct country of the object's origin.

By: Lynda Albertson

September 29, 2015

While the West Seeks Tighter Curbs on the Trade in Antiquities Looted by ISIS, Italian Suspect Antiquities Continue to Appear at Major Auction Houses

Greek forensic archaeologist Christos Tsirogiannis, has identified another grouping of suspect antiquities set for auction October 1, 2015 at Christie’s in London.  Each of the objects appears to have ties to former Basel-based art dealer, Gianfranco Becchina, who was accused by Italian prosecutors of being part of an antiquities trafficking network that involved tombaroli (tomb raiders) in southern Italy and suspect antiquities dealers and buyers around the globe. Becchina was convicted of antiquities trafficking in 2011.

Since 2007, Dr. Tsirogiannis has actively identified illicit antiquities depicted in the confiscated Medici, Becchina and Symes-Michaelides archives, notifying the relevant government authorities when matches are discovered.  An expert on the illicit antiquities trade, Dr. Tsirogiannis teaches ARCA's illicit antiquities course.  He also serves as Research Assistant to the Trafficking Culture Project at the Scottish Centre for Crime and Justice Research located at the University of Glasgow.

Despite having apparently “clean” collection histories, each of the antiquities listed below (Lots 6, 8 and 16) — or strikingly similar ones — appear in photographic evidence confiscated by the Swiss and Italian authorities in 2002 during their investigation into the network of traffickers affiliated with Gianfranco Becchina.


The three antiquities on offer at the upcoming sale at Christie’s are said to come from Professor Heissmeyer’s antiquities collection; A fourth antiquity (lot 93) was temporarily confiscated by the Swiss authorities in 2008 from the Japanese illicit antiquities dealer Noriyoshi Horiuchi and has now been put back into circulation within the antiquities market. 

Dr. Christos Tsirogiannis has notified Interpol, the Carabinieri Art Squad and Scotland Yard’s Art & Antiques Unit with the evidence for these new identifications.  

In detail, the suspect antiquities are:
Left - The oinochoe depicted in the Becchina archive.
Right - the same oinochoe on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015


The oinochoe’s collecting history (Provenance), as it appears in the Christie’s catalogue, is:
Private collection, Germany, acquired prior to 1990.
with Galerie am Museum Jürgen Haering, Freiburg.
Prof. H.-H. Heissmeyer collection, Schwäbisch Hall, acquired from the above in 2005 (inv. no. 32).
Beazley Archive no. 9024860.

The same oenochoe seems to be depicted in a Polaroid image from the Becchina archive. In the archival photo the vase is covered with encrustations, lying on what appears to be a plastic tray, while a handwritten note, also in the archives, states that this antiquity was sent for restoration, among other antiquities, on 1 December 1989 to Sandro Cimicchi, Gianfranco Becchina’s usual restorer.

Left - The cup depicted in the Becchina archive.
Right - The same cup on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015
The cup’s collecting history (Provenance), as it appears in the Christie’s catalogue, is:
Private collection, Switzerland, acquired prior to 1980.
with Galerie am Museum Jürgen Haering, Freiburg.
Prof. H.-H. Heissmeyer collection, Schwäbisch Hall, acquired from
the above in 1995 (inv. no. 17).
Beazley Archive no. 9024849.

In the Becchina archive, what appears to be the same cup is depicted in a Polaroid image, upside down and partially covered with encrustations, among three other cups. The similarities can be identified from the position of the panthers painted on the lower portion of the cup's body. A handwritten note states that the cups were bought by the middleman Raffaele Monticelli on 4 March 1993. Another handwritten note on the Polaroid states: ‘V/ Hae CH’ [sold to Hae Swiss Francs]. In 2002 Monticelli was sentenced to 4 years imprisonment for conspiracy related to the trafficking of antiquities. (Isman 2011b: 50; Watson and Todeschini 2007: 292) and as recently as today had 22 million euros worth of his real estate assets confiscated by the state for his alleged involvement as an international antiquities trafficker.    

Left - The lekythos depicted in the Becchina archive.
Right - the same lekythos on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015
The lekythos’ collecting history (‘Provenance’), as it appears in the Christie’s catalogue, is:
Private collection, United Kingdom, acquired prior to 1980.
with Galerie am Museum Jürgen Haering, Freiburg.
Prof. H.-H. Heissmeyer collection, Schwäbisch Hall, acquired from
the above in 1992 (inv. no. 23).
Beazley Archive no. 21590.

An object that appears to be the same lekythos is depicted in two professional images from the Becchina archive. A handwritten note states: ‘E Nov 78’.
Left - The lekythos depicted during its confiscation
in a photograph taken by the Italian authorities
 during the raid at Horiuchi’s warehouse in Geneva in 2008.
Right - the same lekythos on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015

The lekythos’ collecting history (‘Provenance’), as it appears in the Christie’s catalogue, is:
Anonymous sale; Münzen und Medaillen AG, Basel, 14 November 1986, lot 213.
Formerly private collection, Japan, acquired privately in 1997.


This lekythos was found and confiscated during the raid of the Swiss and Italian authorities at the warehouse of the Japanese dealer Noriyoshi Horiuchi in the Geneva Freeport in 2008. The Italian authorities could not prove the illicit origin of this particular lekythos and
although Horiuchi did not supply any documentation to prove the licit origin of the lekythos, the vase was returned to Horiuchi. 

In total the Italian authorities confiscated 337 antiquities from Horiuchi depicted in the Becchina, Medici and Symes-Michaelides confiscated archives. Horiuchi's name also comes up in a 2014 repatriation case involving another Becchina linked antiquity, a 1,800-year-old sarcophagus lid depicting a sleeping Ariadne.  

It should also be noted that this same lekythos also appeared at one time on offer at ‘Phoenix Ancient Art’ gallery, owned by the Aboutaam brothers, one of whom was convicted in Egypt for antiquities smuggling and the other of whom pleaded guilty to the falsification of at least one customs document. 

In relationship to that listing  the lekythos appeared as ‘SOLD’ on the ‘Phoenix Ancient Art’ gallery website. In the October sale listing Christie’s fails to state the name of the consigner, although they do so in the case of the other three lots (Professor Heissmeyer).

In the three first cases, Christie’s ‘due diligence’ seems to have stopped short of tracing the collecting history back one step further, which would have opened the window on the Becchina transactions.  In the fourth case (lot 93), Christie’s record lists the 1986 and 1997 transaction dates in the lekythos’ collecting history, but completely avoids mentioning the authorities’ raid of Horiuchi’s warehouse in Switzerland or the subsequent passage or ownership of the vase by the convicted Aboutaam brothers, through their ‘Phoenix Ancient Art’ gallery in New York and Geneva.

In total, these are just four objects in a string of tainted auctions with fairly good documentation proving their likelihood that these objects were looted.  If the art market cannot hold itself to task on objects where there is a known and extensive photographic record of illicit activity how will the art market perform its due diligence on antiquities coming from conflict countries like Syria, Iraq and Yemen where no confiscated smuggler dossiers exist?

Due diligence of looted antiquities, be they Italian or conflict-based, has to be meaningful and not merely plausible, in the furtherance of a sale's commission.  Partially-documented histories in an object's collection background, do not necessarily always point to fresh looting or illegal export but when the objects background looks murky, as is the case with these objects, the art market needs to step up its game and voluntarily refuse to participate in the laundering.

UPDATE - October 01, 2015 Christie's has withdrawn the suspect antiquities prior to the auction scheduled today in London.  

Lynda Albertson






February 7, 2015

Sir, how much is that (2nd Century B.C.E.) Vase in the Window? Part I

2015 has barely started and antiquities traffickers have begun making headlines in multiple countries.  In this three part series, ARCA will explore three current trafficking cases in detail to underscore that the ownership and commodification of the past continues. 

Part I - Operation Aureus - Bulgaria's Blues

On January 30th the State Agency for National Security (DANS) in Bulgaria reported that it had conducted two significant trafficking investigations into illegally circulated ancient and medieval objects and coins.  The two-month long probe started November 26, 2014 and ran until January 26, 2015 during which time DANS officers conducted thirty-six searches in eleven cities seizing a total of 2,289 objects protected by Bulgaria’s Cultural Heritage Act.  The Act encompasses intangible and tangible immovable and movable heritage as an aggregate of cultural values which bear historical memory and national identity and have their own academic or cultural value.   SANS reported that they detained several individuals for their participation in an organized criminal group trafficking in antiquities but their names have not been currently been released to the public, citing the ongoing nature of the ongoing investigation.

Google Maps Looters

Google Maps Looters
From an ancient world perspective, Bulgaria has some of the richest archaeological sites in Europe.  From an economic perspective, regions such as Severozapaden, have some of the lowest-ranked economies in Bulgaria and the European Union.  That makes archaeologically rich areas, like Ratiaria, which is located on the Danube River, near the modern-day city of Archar, in the Vidin District of Northwest Bulgaria particularly vulnerable.  With unemployment high and limited work possibilities since the fall of Communism, it's not surprising that subsistence looters have treated the site as their own personal Automatic Antiquities Machine.  The territory has been so heavily looted in the past twenty years that even a Google Street View car managed to snap shots of a local looting crew while mapping area roads.

Working with shovels and metal detectors, looters generally make little, often passing their finds on to local middlemen dealers, like this one arrested in Ruptsi, Bulgaria in 2011. Hiding in plain sight,  the businessman was known among the locals and among treasure hunters as an active dealer in cultural goods in the region and was brazen enough to keep a storage of heavier items in his garden.

Where There are Looters there are Buyers and Not all Roads Lead to Rome

While the number of items seized in this 2015 Bulgarian investigation is distressingly large, the types of objects confiscated are all too familiar to art police whose investigative work revolves around combating heritage looting and smuggling.  To those who examine heritage trafficking in search of patterns, there are also a few interesting points to consider.

The Bulgarian investigators seized everything from pottery and figurines, bronze and precious metal, jewellery of all types, ancient and medieval seals, religious crosses and icons, pieces of marble, and even Thracian weapons and horse-riding decorations. The objects have common denominators: they were, for the most part, easy to traffic because of their small size and they were the types of objects buyers willingly purchase, and with increasing frequency via online auction sites. 

Whether or not these items were destined for sites similar to eBay would be a hypothesis that hasn't be proven, but what we can underscore is that there is an ongoing supply market furnishing ancient objects for online transactions.  Platforms like eBay, with millions of auctions annually, are difficult for law enforcement to police, but easy sites for traffickers to navigate to connect with potential buyers internationally. The seller can be relatively anonymous and as their ratings are built on successful sales with satisfied customers, shady dealers can add or drop seller profiles to masquerade as being ethically legitimate.

Who is their preferred buyer?  

The individual who is willing to purchase heritage objects from anonymous suppliers.  The novice collector or aficionado who is not worried about owning objects which might turn out to be fake or might not have a pristine collection history that explains the context of the item, where it has originated from or who has been its custodian up until the point of sale.  For the purpose of this article, ARCA has highlighted three current online auctions with similar Bulgarian items to those seized during the Aureus investigation.

Auction I lists a purported 9th century BC Ancient Bronze Thracian Fibula. The object was being offered by a seller in Bulgaria but listed nothing in the way of collection history as was absent in most of the auctions we viewed.  Provenance isn't something auction participants seem to require in order to consider an item attractive for purchase.

Auction II claims to be of a rare iron Thracian battle weapon, CIRCA IV-Ic. B.C. This auctioneer is reportedly UK-based, applying a layer of legitimacy, but the item's auction detail states the object will be shipped to the buyer "from Eastern Europe".  Again there is no collection history and the buyer is far removed from the trafficker.
Auction III lists an object on sale described as an Ancient Thracian Honrseman Bronze Figure. This auction item has purportedly travelled a long way and is now being sold by a Canadian antique trader, again without benefit of a collection history indicating how it made its way to North America. The seller does not appear to be a novice and states he has been in the trading business since 1970.

Interesting Observations

During the Bulgarian DANS investigation law enforcement officers also seized metal detectors and specific geophysical detecting instruments used to determination of the exact position and depth of objects while still in the ground thus showing that these devices are not used exclusively by law-abiding recreationists willing to abide by established laws.

Like with Italy's Gianfranco Becchina case, officers confiscated binders with multiple photos, auction house catalogs and invoices indicating that the scale of items being sold was a fluid enterprise level operation and not a casual one-off sale. 

Landscapes of looted terrain in Bulgaria have a similar moonscape pattern to those we have seen repeatedly in satellite imagery in Syria and Iraq.  This should be highlighted as proof that large-scale antiquities looting is not solely a funding source for criminal groups such as ISIS in conflict zones but also a source for revenue streams in economically challenging areas with a high rate of under or unemployment.  In this Google Street View image one can see an example of the looting pits that cover large swaths of Bulgaria terrain as well as a brazen group of looters working in broad daylight as an organized team.
 
In addition to searching workshops, DANS agents undertook an evaluation of Bulgaria's largest private museum in search of irregularities. The businessman who owns this vast collection was listed in law enforcement press releases using his initials, "VB".   The Bulgarian press has indicated that the initials represent millionaire Vasil Bozhkov who is known to have a vast collection of Roman, Greek and Thracian works of art and whose coin collection is listed as one of the most extensive in the country. Bozhkov is also the founder of The Thrace Foundation an organization active in heritage-based events.

Previously, in January 2009, Petar Kostadinov published an article reporting that Vasil Bozhkov and Bulgarian prosecutor Kamen Mihov were alleged to have been involved in government-level corruption plot devised to prevent the extradition of international art dealer Ali Abou’Taam to Egypt on antiquities trafficking charges.

The allegations presented in the newspaper article cited an email published by Dutch private art investigator Arthur Brand to the Museum Security Network mailing list.  A representative of Phoenix Ancient Art replied to David Gill's Looting Matters blog with this letter relating to the detention of Ali Aboutaam in Sofia.  No mention of Mr. Bozhkov's relationship with the art dealer was made.

Eight months later, a diplomatic cable from the US Embassy in Sofia, dated September 11, 2009, released first via WikiLeaks and later republished by the Sofia News Agency Novelite indicated that Bozhkov has been long suspected of having ties to organized crime.

On January 14, 2015, the US ambassador to Bulgaria Marcie B. Ries and Bulgaria’s Culture Minister Petar Stoyanovich signed a memorandum of understanding at the National History Museum in Boyana on the outskirts of Sofia.  This US/Bulgarian MOU calls for the protection of cultural heritage and is designed to prevent the illicit trade of Bulgarian cultural heritage items into the United States and to allow the return of said items to Bulgaria of any such item confiscated. 

ARCA will continue to follow this case as details on the investigation are released.

By Lynda Albertson, ARCA











(Photos: dans.bg)
References Used in this Article

http://www.all-sa.com/GaleriasCataluna.html

http://html.ancientegyptonline.org/spain-recovers-egyptian-artifacts-in-smuggling-ring/

http://archaeology.archbg.net/

http://www.elmundo.es/cultura/2015/01/28/54c8d1f5e2704e4e0c8b457f.html

https://www.europol.europa.eu/content/european-police-arrest-35-and-recover-thousands-stolen-cultural-artefacts

https://frognews.bg/news_85185/DANS-pogna-V-B-proveriavat-antichnata-mu-kolektsiia/

https://www.google.com/maps/place/Colonia+Ulpia+Ratiaria/@43.5557251,24.675708,9z

http://www.guardiacivil.es/ca/prensa/noticias/5219.html

http://www.lavanguardia.com/sucesos/20150128/54425193062/desmantelada-banda-arte-egipcio-ilegal.html

http://lootingmatters.blogspot.it/2009/01/sofia-detention-comment-from-phoenix.html

http://m.novinite.com/articles/162960/Bulgaria+Busts+Int%27l+Antiquities+Trafficking+Ring

http://www.novinite.com/articles/130391/WikiLeaks%3A+US+CDA+Report+on+Top+Bulgarian+Criminals#sthash.1qrWNiES.dpuf

http://www.museum-security.org/2009/01/bulgarian-prosecutor-kamen-mihov-and-bulgarian-millionaire-and-art-collector-vassil-bozhkov-were-alleged-to-have-been-involved-in-an-elaborate-scheme-to-let-international-art-dealer-ali-aboutaam-esc/

http://www.museum-security.org/2009/01/press-release-the-continuing-story-about-art-dealer-ali-abou%E2%80%99taam-can-justice-be-bought-in-bulgaria/

http://www.researchgate.net/publication/264380100_Pegman_caught_looters_in_the_act!_How_digital_media_can_help_raising_awareness_of_looting_and_destruction_of_archaeological_sites._The_example_of_Ratiaria._The_European_Archaeologist._Issue_41_Summer_2014_25-27

http://sofiaecho.com/2009/01/21/666138_bulgarian-prosecutor-art-collector-conspired-to-free-controversial-art-dealer-journalist-alleges

http://sofiaglobe.com/2015/01/30/bulgaria-busts-international-antiquities-trafficking-ring/

http://www.spiegel.de/international/europe/archaeology-in-crisis-bulgaria-plagued-by-grave-robbers-a-524976.html

http://en.wikipedia.org/wiki/EBay

June 18, 2014

The Legal Case of the Mummy Mask of Lady Ka-nefer-nefer at the St. Louis Art Museum Ignites Discussion on Museum Security Network after Courthouse News Reports US Court Rules US Government Could Not Prove Theft

by Catherine Sezgin, ARCA Blog Editor

Updated to reflect published comment by Rick St. Hilaire

In 2011, the Saint Louis Art Museum (SLAM) took legal action to keep the  Mummy Mask of Lady Ka-nefer-nefer from being taken by the U.S. government on the grounds that authorities knew about the mask as early as 2005 and that a five-year-statue of limitations period had expired ("St. Louis Art Museum Sues the United States to Preclude a Forfeiture", ARCA blog, Feb. 16, 2011). Jack Bouboushian reported in "Egyptian Mummy Mask Will Stay in St. Louis" for Courthouse News Service on June 17:
(CN) - An ancient Egyptian mummy mask will remain in the St. Louis Art Museum because the U.S. government cannot prove the mask was stolen from Egypt when it went missing 40 years ago, the 8th Circuit ruled.
[Rick St. Hilaire submitted a comment to the ARCA blog which we published and are reprinting here for your ease of reading -- you may also refer to his blog, Cultural Heritage Lawyer:
The CN article is inaccurate. The appeals court did not rule that the U.S. government failed to prove that the mask was stolen from Egypt. Instead, the appeals court ruled that the lower district court did not abuse its discretion by denying the government’s post-dismissal motion asking for leave to file an amended civil forfeiture complaint. That amended complaint, if accepted by the lower court, contained the allegations that the mummy mask was stolen property. Therefore, the substantive case involving whether the mask was stolen was never litigated. That is what prompted appeals court judge Diana Murphy to write a concurring opinion that agreed with the dismissal of the Ka Nefer Nefer case on procedural grounds, but addressing a caution because of the substantive matters raised but never addressed by the case: "Museums and other participants in the international market for art and antiquities need to exercise caution and care in their dealings in order to protect this heritage and to understand that the United States might ultimately be able to recover such purchases."
Security Consultant Ton Cremers, whose emails were cited in SLAM's 2011 complaint (see ARCA Blog post here), initiated a discussion today on Museum Security Network (MSN) then told the ARCA blog:
In cases of looted, stolen and smuggled cultural goods always the laws of the 'consumer' countries prevail, and most unfortunately not the laws of the victim countries. There is no doubt at all that the Ka-nefer-nefer mask was stolen. The Saint Louis Art Museum is not a member of ICOM [International Council of Museums] and never should be as well.
Dick Ellis, retired police officer for Scotland Yard and an ARCA Lecturer on a course on art investigations, wrote on MSN (quoted here with his permission):
If nothing else, this case identifies a lack of understanding in the processes available to those wishing to recover their stolen cultural property. We may not like the laws or legal processes of a country, but they are what you have to work with and if the wrong option is taken in the recovery process and you fail to meet the required deadlines then your case will fail, as it has in this case. 
Having followed the twists and turns of this case and actually obtained a copy of the records that exist in Egypt showing where the mask was at specific dates it is clear to me that the wrong process was adopted. Rather than sue for the return of the mask, Egypt should have resorted to the same process that put Fred Schultz in prison for contravening US property law. This would have resulted in the FBI actually having to investigate the conduct of those involved in the sale of the mask to the museum and the provenance that was provided in support of it. 
If these investigations had produced evidence that criminal offences had been committed within the jurisdiction of the US courts then those responsible may well have faced a trial under the criminal process, and had the provenance as supplied to the museum been proven to be bogus then it is doubtful that the museum would, or could have resisted a subsequent claim for the return of the mask. 
Having worked with the Egyptian authorities on the successful prosecution of Tokeley Parry, Fred Schultz and others, which established the effectiveness of prosecuting under national property laws rather than cultural property laws, it is disappointing to find that the many lessons of that case appear to have been forgotten so quickly.
Virginia Curry, a retired agent for the Federal Bureau of Investigation (FBI), also wrote on MSN (quoted here with her permission):
While I am not an attorney, I've been successful in all my investigations and have investigated hundreds of similar cases involving  international  property theft and smuggling. Generally, a U.S.  Federal Inter-pleader action, which is a civil, not criminal procedure, occurs AFTER the federal criminal case has been proven that property is in fact stolen and has a nexus to interstate-international transportation or communication (Title 18 United States Code Section 2314, 2315.)
  
Dick you will remember that our collaboration (under a Mutual Legal Assistance Treaty Request)  the theft of the Teniers painting by a U.S. citizen was just that.  The painting was proven stolen at federal criminal  trial in the U.S. -- even though it was stolen from a London dealer, in London.  That court trial, which led to the guilty plea of the thief of the action of transporting property internationally, determined that the painting was stolen.  The court then acknowledged the ownership of the property by the London dealer. 
In my opinion, a case which FIRST proved that the mask was illegally imported to the United States, rather than relying on the logical presumption, especially when there is sufficient extant evidence to do so, would have prevailed.  
I agree with Dick: Consulting with field experts such as he and myself and a dozen others with well known, actual convictions with restitution in similar criminal cases can avoid such "procedural issues" -- such as the "untested legal theory" (that I interpret as the presumption of stolen and smuggled, rather than the presentation of evidence) as expressed by Judge Murphy.
For background on the Ka-Nefer-Nefer mask residing at the Saint Louis Museum, Ton Cremers referred readers of MSN to Malcolm Gay's 2006 article "Out of Egypt: From a long-buried pyramid to the Saint Louis Art Museum: The mysterious voyage of the Ka-Nefer-Nefer mask", Riverfront Times, Feb. 15, 2006.

In 2012 at ARCA's Conference on the Study of Art Crime and Cultural Heritage Protection, Leila Amineddoleh discussed the issue of this Egyptian Ka-Nefer-Nefer mask and its probably looted origins.

SLAM's website describes the provenance for the Mummy Mask of the Lady Ka-nefer-nefer:
Provenance:1951/1952 -Mohammed Zakaria Goneim, excavated at Saqqara, Egypt [1]
by 1952 - Unknown Dealer, Brussels, Belgium [2]
- early 1960sKaloterna Collection [3]
early 1960s -Private Collection, Switzerland, acquired from Kaloterna collection [4]
by 1997 - 1998Phoenix Art, S.A. (Hicham Aboutaam), Geneva, Switzerland, purchased from private collection [5]
1998/03/30 -Saint Louis Art Museum, purchased from Phoenix Ancient Art, S.A. [6]
Notes:[1] Excavated by Mohammed Zakaria Goneim, Keeper of the Antiquities of Saqqara, at Saqqara, during his first season (1951-1952) at the site [Goneim, Mohammed Zakaria,"Excavations at Saqqara; Horus Sekhem-Khet, the Unfinished Step Pyramid at Saqqara." Vol. 1. Cairo: Imprimerie de L'Institut Français D'Archéologie Orientale, 1957].
A letter from a scholar, dated December 12, 1999, indicates that the other objects from the Saqqara excavation group were displayed together in the Cairo Museum, suggesting that they were put on display right after Goneim's excavation. The scholar suggests that the mask was never displayed with the other excavated objects and was probably awarded to the excavator himself. This would correspond with its appearance on the European art market soon after its excavation [SLAM document files].
[2] In a letter dated February 11, 1997, Charly Mathez confirms that he saw the mask in a gallery in Brussels in 1952. According to a letter dated October 5, 1999, he did not remember the name of the gallery [SLAM document files].
[3] In a letter dated March 19, 1998, Hicham Aboutaam indicated that an anonymous Swiss collector acquired the mask from the Kaloterna (possibly Kaliterna) family. In a letter of July 2, 1997, addressed to Hicham Aboutaam, the Swiss collector stated that this acquisition took place in the early 1960s [SLAM document files]. The name "Kaloterna" may be a misspelling of the common Croatian name "Kaliterna." The Swiss collector also had an address in Croatia, and it is possible that the collector became acquainted with the Kaloterna (or Kaliterna) family there. 
[4] See note [3]. The Swiss collector requested anonymity.
[5] The Swiss collector's letter of July 2, 1997 confirms the sale of the mask to Aboutaam [SLAM document files]. Aboutaam also states that the mask was in the United States from 1995 until 1997, possibly indicating that it was in the possession of the New York branch of Phoenix Ancient Art, S.A. during that time [letter, September 23, 1997, SLAM document files]. 
[6] Invoice to the Saint Louis Art Museum dated March 12, 1998 [SLAM document files]. Minutes of the Collections Committee of the Board of Trustees, Saint Louis Art Museum, March 18, 1998.
In The New York Times article "Do You Know Where That Art Has Been?" (Rod Stodghill, March 18, 2007) Hicham Aboutaam's legal problems (and that of his gallery, Phoenix Ancient Art were identified:
For the Aboutaams, whose father started the gallery in Beirut in the 1960s, the makeover will require not only overhauling some of its business practices, but also restoring a public image dogged by legal and ethical questions. In 2004, after an investigation by the United States Bureau of Immigration and Customs Enforcement, Hicham Aboutaam pleaded guilty to a misdemeanor in connection with his importing and selling for $950,000 a silver ceremonial drinking vessel that at the time was alleged to be part of the plundered Iranian Western Cave Treasure. He paid a $5,000 fine. That same year, an Egyptian court sentenced Ali Aboutaam in absentia to 15 years in prison after he was accused of smuggling artifacts from Egypt to Switzerland. The charges against him were later dropped by the Egyptian court due to a lack of evidence. Such run-ins with the law have made big museums nervous even when nothing may appear untoward. In 2001, the Kimball Art Museum in Fort Worth returned a 2600 B.C. Sumerian statue it had bought from the brothers for $2.7 million for a refund. Hicham Aboutaam said that questions surrounding the taxes on his parents’ estate unraveled the deal.

December 13, 2013

Sotheby's sells Symes marble matched by Dr. Christos Tsirogiannis in the Schinousa archives for more than $4.6 million today; Sotheby's withdraws The Medici Pan; and Christie's in NY aims to sell Symes Pan tomorrow

Looting Matters: Hermes-Thoth
Image: Schinousa Archive
Today Sotheby's auction house in New York sold an ancient marble head for more than $4.6 million even after Dr. Christos Tsirogiannis pointed out that the piece, owned by Robin Symes, matched an image in the Schinousa archives. 

On December 5, Professor David Gills wrote on his blog "Looting Matters" under the post Symes and Hermes-Thoth about a 2,000 year old marble head for sale at a New York auction house today:
I am grateful to my Cambridge colleague Dr Christos Tsirogiannis for pointing out that the head of Hermes-Thoth due to be auctioned at Sotheby's New York next week had once passed through the hands of Robin Symes (December 12, 2013, lot 39). The estimate is $2.5-3.5 million.... Colour images of the head feature in the Schinousa archive where they were identified by Tsirogiannis.


In 2006, Peter Watson and Cecilia Todeschini published The Medici Conspiracy: the illicit journey of looted antiquities, from Italy's tomb raiders to the world's greatest museums, an expose about the network of tombaroli and art dealers who funneled looted antiquities into private and public collections from the 1960s through the 1990s. Peter Watson wrote Mr. Symes legal problems in "The fall of Robin Symes" in 2005. On Trafficking Culture, archaeologist Neil Brodie summarizes the illegal activities of Giacomo Medici, convicted in 2005 of receiving stolen goods, illegal export of goods, and conspiracy to traffic. Here's how Symes is believed to have been involved:
By the late 1980s, Medici had developed commercial relations with other major antiquities dealers including Robin Symes, Frieda Tchacos, Nikolas Koutoulakis, Robert Hecht, and the brothers Ali and Hischam Aboutaam (Watson and Todeschini 2007: 73-4). He was the ultimate source of artefacts that would subsequently be sold through dealers or auction houses to private collectors, including Lawrence and Barbara Fleischman, Maurice Tempelsman, Shelby White and Leon Levy, the Hunt brothers, George Ortiz, and José Luis Várez Fisa (Watson and Todeschini 2007: 112-34; Isman 2010), and to museums including the J. Paul Getty, the Metropolitan Museum of Art, the Cleveland Museum of Art, and the Boston Museum of Fine Arts.
Sotheby's Hermes-Thoth
Neil Brodie explained in September 2012:
Investigative reporter Nikolas Zirganos took a special interest in the activities of British antiquities dealer Robin Symes, and was present in April 2006 when Greek police raided a villa on the island of Schinoussa belonging to Symes and his deceased partner Christos Michaelides. Zirganos described how the villa on Schinoussa was used for what he described as the ‘preparation and closing of deals’ (Zirganos 2007: 318). The villa was in effect a social and commercial hub, where Symes and Michaelides would entertain archaeologists, museum curators, conservators and wealthy collectors to gossip about the market and what was available for purchase, and to arrange sales. Thus, it was possible for a customer to purchase an illicit artefact on Schinoussa without actually coming into contact with it. The artefact would be smuggled separately to Switzerland, where the customer could take possession of it.
Jason Felch, author of Chasing Aphrodite and an investigative journalist for The Los Angeles Times, wrote of Symes in January 2013:
Last year, the Getty quietly returned 150 marble fragments in the collection (88.AA.140 - 88.AA.144) to Italy after evidence emerged that they joined objects found in the same looted tombs of Ascoli Satriano that produced the Getty's Griffins and statue of Apollo, which were returned to Italy in 2007. The objects and fragments were acquired in the 1980s from London dealer Robin Symes.
Dr. Gill described the Schinousa archive last June on "Looting Matters":
This photographic archive records the material that passed through the hands of a London-based dealer. If material from this archive resurfaces on the market, it would be reasonable to see the full collecting history indicated. But such information would no doubt be provided by rigorous due diligence searches.
December 12, 20013, Sotheby's sold the late Hellenistic marble head of Hermes-Toth for $4,645,000 (Hammer's Price with Buyer's Premium)."

The Medici Pan withdrawn from sale at Sotheby's New York

Professor Gill also noted in "Looting Matters" that Dr. Christos Tsirogiannis identified "The Medici Pan" that was later withdrawn from the sale:
Sotheby's New York are due to auction a giallo antico marble bust of Pan next week (December 12, 2013, lot 51). The estimate is $10,000-$15,000. Dr Christos Tsirogiannis has pointed out to me that a polaroid image of the sculpture was found on the Geneva Freeport premises of Giacomo Medici.
The Symes Pan for sale Dec. 13 at Christie's Rockefeller Plaza

Again, on the blog "Looting Matters", Dr. Gill writes about another item for sale that caught the eye of forensic archaeologist Christos Tsirogiannis:
Tsirogiannis has now identified a terracotta Pan from the Schinousa archive that is due to be auctioned at Christie's Rockefeller Plaza (December 13, 2013, lot 114, estimate $8000 - $12000). Christie's have offered the following collecting history:
with Edward H. Merrin Gallery, New York, 1968.
Private Collection, New York, 1968-2011.
So when was the Pan in the possession of Robin Symes? What is the identity of the private collection? Is the collecting history presented by Christie's robust? What authenticated documentation was supplied to Christie's?
The Edward H. Merrin Gallery has been linked to the bronze Zeus returned to Italy, material in the collection of Dr Elie Borowski, as well as the marble Castor and Pollux on loan to New York's Metropolitan Museum of Art.
Artemagazine

The Italian Artemagazine  in "Pezzi di Medici e Symes all'asta: fino a quando?" (authored by Fabio Isman and his team) asks why illegally excavated antiquities from Italy are being offered for sale in New York City after Cambridge's Dr. Christos Tsirogiannis has identified the items to archives collected in police raids.

December 3, 2013

Tuesday, December 03, 2013 - , No comments

Persian chalice authentic or fake? Dutch Art Investigator Arthur Brand has no doubts

Dutch art investigator Arthur Brand is of the opinion that the chalice "that helped make possible the Iran nuclear deal, as reported in the media, is a fake."

In the LA Times article by Christi Parsons "The chalice that helped make possible the Iran nuclear deal" has been surrounded by controversy regarding its authenticity:
Some experts believe the vessel, known as a rhyton, was crafted in the 7th century BC in what later became the Persian Empire, now Iran. It features three trumpet-shaped cups that sprout from the body of a griffin, a fabled creature that typically has the head and wings of a bird and the body of a lion. On the chalice, the eyes are deep-set and wide open, like those of a bird of prey. The object was allegedly part of a cache of antiquities found in a cave near the Iraqi border in the 1980s, shortly after Iran's Islamic Revolution. "These were great treasures from a great civilization," said Fariborz Ghadar, an Iranian scholar who served as a deputy economic minister to Iran's shah. "Their discovery was of great significance to those who consider themselves Persians, who honor that period in history." 
In 2003, the chalice surfaced in the hands of a well-known antiquities dealer, Hicham Aboutaam, who ran a firm based in Geneva. As he passed through U.S. customs at Newark International Airport, Aboutaam presented a certificate indicating the vessel was from Syria. He was waved through. Aboutaam then set out to document the object's value. Three experts he consulted determined it was from Iran; two concluded it was consistent with the antiquities taken from the cave. An art collector was prepared to pay $1 million, but federal investigators caught wind of it. They charged that the object had been taken from Iran illicitly, making its importation to the U.S. illegal. The dealer was prosecuted and paid a $5,000 fine. The chalice was then placed in a climate-controlled storage unit. The value of the chalice remains uncertain. Some have maintained that it is not 2,700 years old at all, but a modern fake. But Iranian officials have insisted it is genuine and demanded its return.
Arthur Brand pointed out previous questions about the object's authenticity in an Oct. 14 article by Frud Bezhan in Radio Free Europe "U.S. Gift To The Iranian People A 'Fake':
Unfortunately, according to Hamid Baqaie, the former head of Iran's Cultural Heritage Organization, the artifact is without question a modern forgery. "Firstly, the way it has been made and the style in which it has been made shows it's a fake. This artifact doesn't have any roots in ancient Iran," Baqaie says. "Secondly, from a technical point of view the materials used to make it also show that it's not an original." 
Archeologist Oscar White Muscarella, a former curator of the Metropolitan Museum of Art in New York, has gone on record as saying he, too, does not believe the artifact is the real deal. He wrote in a paper published last year that it took only a glance at a photograph of the artifact to convince him it was a fake.
Dutch art investigator Arthur Brand wrote in an email:
I saw many western-cave objects, some looted, more fake. I saw them too in the Aboutaams' shop. The one the USA gave to Iran is mostly fake, partly constructed from original pieces. I even know who did the construction. It is the same man who made the partly fake which was offered in Germany a few years ago. I made a documentary about that piece, together with the German ARD. Skip to 8.10.
Another Western-cave invention of the Aboutaams, in their shop, secretly filmed by me (see photo below):

February 16, 2011

Ton Cremers Weighs in on the lawsuit by the St. Louis Art Museum on Keeping the Ka-Nefer-Nefer Mask


by Catherine Schofield Sezgin

Questions have arisen about the legal status of an 3,200 year-old Egyptian mummy mask from a noblewoman at the court of Ramses II that has belonged to the St. Louis Art Museum for more than two decades.

The Ka-Nefer-Nefer mask, with its inlaid glass eyes and shimmering plaster face, has been on display since the museum purchased it in 1998 from a New York art dealer for $499,000, according to Jennifer Mann, reporting for the St. Louis Post-Dispatch on “stltoday.com” in the article “Art museum sues to keep Egyptian mummy mask.”

Ton Cremers, security consultant, and operator of the website news service, Museum Security Network in The Netherlands, is mentioned in the lawsuit that cites numerous emails Mr. Cremers sent to government officials in 2005 and 2006 call for an investigation, according to Mann.

I reached Mr. Cremers in Rome and he, traveling on with an iPad and without his usual computer, referred us to his response today that he posted on the MSN Google Group:
Ton Cremers: There is NO doubt whatsoever that this mask was stolen from a storage in Saqqara. One does not need to be surprised that the infamous Aboutaam brothers were the ones selling this mask. They are 'renowned' for trading in dubious antiquities without any provenance. In this case they just made up a fake provenance: supposedly the mask had been part of a Swiss private collection. Yes, Switzerland again....

Anybody who has read Peter Watson's books, Sotheby's The Inside Story and The Medici Conspiracy, knows that the Swiss route should be distrusted. The Aboutaam fake provenance was very easy to unmask because the Swiss collector mentioned by them in the provenance had never heard about this mask.

According to the ICOM deontological code, no museum should keep stolen objects, no matter any legal context. There is a knack in this case: the Saint Louis Art Museum is not a member of ICOM and apparently does not mind the ICOM ethical code. If they had been an ICOM Member, they should have been thrown out of this organization immediately. It is an outright lie that they performed due diligence when achieving this mask, for they did not.

In my view, Brent Benjamin, the director of the SLAM, is nothing else than an outright buyer of stolen property (yes, I am aware that his predecessor actually bought the mask). His standpoint is that Egypt must prove that the Ka-Nefer-Nefer mask was stolen. That is putting the world upside down. One thing is sure beyond any doubt: The mask was not excavated in Missouri.

The Ka-Nefer-Nefer mask must return to Egypt as quickly as possible.
ARCA blog: Is it appropriate to mention your emails in the lawsuit and how will this impact the Museum Security Network?
Ton Cremers: I really do not know who quoted my 2005 - 2008 messages about the Ka Nefer Nefer mask in the present law suit. As far as I am concerned there is no objection against using my messages since all of these have been sent publicly. Using these messages will not have any impact on the Museum Security Network. At least not any negative impact. It really shows that the MSN is regarded as a very serious factor in the struggle against illicit trade in cultural goods.