Blog Subscription via Follow.it

July 26, 2010

Profile of Howard Spiegler

Nancy Greenleese has a very fine profile of Howard Spiegler for Voice of America.  Mr. Spiegler has been an important advocate in a number of important art and antiquities restitution cases.  Because of this great work he received the 2010 ARCA Award for Lifetime Achievement in Defense of Art.

The audio profile includes highlights of Mr. Spiegler's remarks at the ARCA conference, as well as the comments of Chris Marinello of the Art Loss Register, and historian Marc Masurovsky.

You can listen to the profile here.
  1. Nancy Greenleese, Fighting for Art Justice, Voice of America, http://www1.voanews.com/english/news/american-life/Fighting-for-Art-Justice-99225324.html (last visited Jul 26, 2010).
Howard Spiegler at the 2010 ARCA Conference
(Urska Charney)

July 19, 2010

"The Bulldog" Makes a Case for the Return of the "Getty Bronze"

The "Getty Bronze"
Last weekend at the 2010 ARCA conference, Italian state attorney Maurizio Fiorilli offered his thoughts on the ongoing dispute between Italy and the Getty over the disposition of this  ancient Greek bronze, often called the "Bronze Statue of a Victorious Youth".  Fiorilli has been nicknamed "Il Bulldog" by the Italian press for his quiet persistence in securing the return of illegally exported and illegally excavated cultural objects from a number of American museums, including a number of objects acquired in recent decades from the Getty.

One object which the Italians did not secure was this bronze, which is the subject of a seizure proceeding in Italy.  I've posted below four videos which find Fiorilli making a reasoned legal case for the return of the bronze.  An Italian court in February ordered the return of this object, however difficulty will arise when Italy attempts to convince a U.S. court to enforce the order.  The Getty has appealed the Italian decision, but the legal proceedings are important not only for the direct result, but for the shift in public perception which the Getty will have to navigate.  Surely the Getty does not relish the idea of a long protracted public debate over the disposition of this bronze.  The story of this bronze presents an interesting case.  Though it was certainly illegally exported from Italy, it cannot be considered a "looted" object in my view. 

The bronze was found by Italian fishermen somewhere in the Adriatic in the 1960's.  I wrote a long summary of the story of the bronze back in 2007.  To summarize, the statue was found by fisherman in the Adriatic in 1964, smuggled out of Italy, and eventually purchased by the Getty in 1977.  The bronze was discussed a great deal in the very public battle between Italy and the Getty over other looted objects in recent years.  Yet there was a lack of direct evidence linking the Getty to any wrongdoing in the acquisition.  Criminal proceedings were brought against some of the fishermen and handlers of the statue in Italy in 1968.  Left with little concrete evidence to secure a conviction, the fishermen were acquitted.  Yet as Fiorilli argued, these proceedings were made difficult because the actual statue had been smuggled abroad, and Italian prosecutors were unable to meet their burden.

I'll let Fiorilli make his case in the videos below, and apologies for the low sound levels.  Fiorilli spoke beautiful English, but chose to make his case in Italian, with the help of a translator. 











Cross-posted at http://illicit-cultural-property.blogspot.com/

July 14, 2010

Wednesday, July 14, 2010 - , No comments

The 2010 ARCA Conference at Palazzo Petrignani

The 2010 ARCA Conference at Palazzo Petrignani in Amelia
I have just returned from beautiful Amelia and the second annual Association for Research into Crimes against Art (ARCA) conference.  Next year's conference will be held July 9-10th in Amelia.  A call for papers and announcement will be posted here in the coming months.

This year the conference was chaired by Founding Director Noah Charney and took place at Palazzo Petrignani at the top of Amelia—a grand setting for the discussion of art crime.  Though the Umbrian sun made the room quite warm at times, the two day conference offered a number of terrific presentations and discussions.  I'd like to draw out a few highlights.  

An International Art Crime Tribunal

Judge Arthur Tompkins delivered the first paper of the conference, discussing what he calls an International Art Crime Tribunal.  Judge Tompkins made a compelling case for the tribunal at last year's conference, and in the edited Art and Crime collection.  Judge Tompkins argued that we need a consistent and fair approach to these art disputes.  He noted that a number of prominent nations of origin like Italy, Greece or Egypt might be initial eager proponents of such a Tribunal; and Rome would perhaps be an ideal venue for the court to sit.  He gave a frank appraisal of the challenges such a Tribunal would face, but noted that the creation of such a tribunal warrants development.  Much like the other international Tribunals and developments had their own champions, and International Art Crime Tribunal would need the same—the Universal Declaration of Human Rights was championed by Eleanor Roosevelt for example.  Judge Tompkins discussed the ongoing dispute over Portrait of Wally, which has stretched on since 1998, comparing it to the Jarndyce v. Jarndyce chancery decision from Dickens' Bleak House.  Perhaps a fair robust Art Crime Tribunal would be better positioned to resolve that dispute in a more timely manner.

File:Egon Schiele 069.jpg
Portrait of Wally, Egon Schiele, subject of a 12-year forfeiture dispute
It was a position challenged however by Howard Spiegler, who was honored at the conference and who also acts as counsel for the successors of Lea Bondi Jaray, who owned the work before fleeing the Nazi's.  Mr. Spiegler argued that none of these parties wanted this dispute to stretch on this long, and that much of the delay was a result of the discovery process which has been an effort to uncover the complicated history of this work since it left Ms. Bondi's possession.  Yet Judge Tompkins responded by noting that the American system of long, protracted discovery does not always promote justice.  It may in some cases, but it also leads to a soul-crushing existence for young lawyers.  Though this research and work is handsomely compensated, it can in my opinion carry a lawyer far from the true practice of law.  That of course is a more general critique, not isolated to the Wally dispute.  Judge Tompkins noted that if a legal system ties the proper adjudication of a claim to one piece of paper or one exchange that may be lost, how can we ever decide a claim?  We are left with an endless search for that one piece of evidence, while the core issues lay unresolved. Though no thinking person would deny the losses during the Second World War, there must be limits to these claims, and we may also consider the loss to the public of a beautiful work of art for nearly 12 years.  Perhaps a Tribunal might allow for future claimants like the Bondi's to pursue their claims, while also allowing for the continued movement of works of art and allowing present possessors to achieve some measure of repose. 

Other Presenters

There were a number of other fine presentations worth mentioning.  Betina Kuzmarov used the dispute of the Qianlong Bronze Heads from the Yves Saint Laurent collection to examine the difficult nature of using objective and subjective standards in cultural property disputes.  Kristen Hower highlighted the importance of histories and proper acquisition of objects by discussing the dilemma faced by art historians in detecting forgeries in Late Antique art, specifically a number of objects known as the Cleveland Marbles.  Chris Marinello discussed the work of the art loss register, pointing out that the ALR has ceased to offer certificates for certain antiquities searches, as the database is unable to effectively determine if these objects have been recently looted from their archaeology.  Jane Milosch discussed the Provenance Research initiatives at the Smithsonian.  Jennifer Kreder and Marc Masurovsky discussed nazi-era spoliation claims from the perspective of the holocaust claimants and their successors.  James Twining discussed his own use of art crime in his popular fiction.  Valerie Higgins discussed the ways in which armed conflict and identity can be remembered and created. 

ARCA Alumni

A number of participants and graduates of last year's ARCA MA program presented their work as well.  Olivia Sladen discussed the importance of due diligence in the art market as it relates to forged works.  Riikka Kongas discussed her work at the Valamo Art Conservation Institute in Finland, discussing the plague of forged Russian icon paintings which are discovered when they are brought in to be conserved.  Catherine Sezgin offered her research on the 1972 theft at the Montreal Museum of Fine Arts in 1972.  John Vezeris discussed the work of his company, Annapolis Group International in protecting the works of the historical San Lio church in Venice with Venice in Peril and ARCA.  Colette Marvin analyzed the recent string of art crime exhibits being offered by museums in the United States and Europe. 

ARCA Award Winners

Howard Spiegler, recipient of the ARCA Award for Lifetime Achievement in Defense of Art
Lawrence Rothfield, receiving his Eleanor and Anthony Vallombroso Award for Art Crime Scholarship
Dick Drent, recipient of the ARCA Award for Art Security and Protection












































Charles Hill was unable to attend, but was presented the award for Art Policing and Recovery.

 Next up I'll discuss the comments of Giovanni Pastore, former Vice-Commandant of the Carabinieri Division for the Protection of Cultural Heritage, as well as the comments of Stefano Alessandrini and Maurizio Fiorilli, Italy's Advocate General, both of whom had some interesting comments on the loss of antiquities and on the ongoing dispute over the Bronze Statue of a Victorious Youth currently on display at the Getty Villa. 

Photos of the Conference courtesy of Urska Charney.

(cross-posted at http://illicit-cultural-property.blogspot.com/)

June 16, 2010

Wednesday, June 16, 2010 - ,, No comments

Postgraduate Program in International Art Crime Studies: Week 2

The following was contributed by RenĂ©e D., a member of ARCA's Postgraduate Program in International Art Crime studies Class of 2010. The ARCA staff has enlisted her to provide updates on the program's progress as well as to, hopefully, convey some of the intimate nuances and intricacies of life in Amelia to those of us outside its medieval walls. The program runs June 1 through August 13. 

Before the second week of the postgraduate program started, ARCA arranged our first field trip to the medieval city of Orvieto. Narrow and winding, the roads lead up the hills and through picturesque countryside to get to the top of a plateau where Orvieto is situated. Noah met us at the top of the plateau to finish off his week of teaching by giving us a full walk through of Orvieto’s medieval gothic church or duomo, as it is called in Italian. The duomo was truly breath-taking as we took in the same structure that even inspired Michelangelo. It was yet another unexpected reminder that we are in fact walking around in the shadows of the Renaissance masters who once roamed over Orvieto’s cobblestones. Noah challenged us at the church to put to use some of the skills we had learned over the past week and do a little hostile surveillance, which entailed identifying security measures and exits as if we were planning to take something from the church. This is a useful exercise to help prevent potential thefts before they occur from any institution. After, as a special treat, we went around to the back of the church to a separate attached chapel to see the skeleton remains of a Catholic female martyr, who had been speared to death. Over the course of the day, you could see in everyone’s face a sense of delight. Perhaps it was the view from the plateau over the expansive countryside, or the ceiling paintings within the church, or even the taste of gelato on a hot Saturday, but it was impossible not to feel it. 

Back in the classroom in week two, we have been learning about the art world from London-based art historian, Tom Flynn. Although many of the students have art history backgrounds, it is always refreshing to listen to a different point of view on the subject as Tom literally keeps switching between his two sets of glasses throughout his lectures. While Noah shared stories about the Ghent Altarpiece, Tom has already shared interesting anecdotes about collectors such as Albert Barnes and Edward Perry Warren. Flynn, the sculpture scholar, can be spotted among the students watching the World Cup matches in his breezy linen shirts, as well as discussing various topics in the art field at Bar Leonardi. Easy to talk to and extremely knowledgeable, Tom maintains his own art-related blog among his many projects: http://tom-flynn.blogspot.com/

The contemporary English gentleman, Flynn has challenged us this week to present to the class our own thirty minute manifesto for the art world. The topic could range from our personal issues with the art market to our expertise within the art world. Ultimately, it is daunting to tackle such an assignment because how does one really go about chipping away the issues of a world whose existence is kept shroud in mystery to even those who play a part within it? It is somewhat intimidating to stand in front of your peers to talk about your opinions on aspects of a world we all wish to join in some way, but we are all in Amelia to learn how to protect the currency of this world, which is art. To pinpoint an area that we find contention with in the end is to pinpoint where our own passions lie. This exercise really is to our benefit because as we move full speed ahead on the bumpy winding roads within the world of Art, we must overcome our romantic views and weak stomachs to be able to stand in front of anyone to explain the important cultural value of the art we all want to protect.

June 11, 2010

June 8, 2010

Tuesday, June 08, 2010 - , No comments

Postgraduate Program in International Art Crime Studies: Week 1

The following was contributed by RenĂ©e D., a member of ARCA's Postgraduate Program in International Art Crime studies Class of 2010. The ARCA staff has enlisted her to provide updates on the program's progress as well as to, hopefully, convey some of the intimate nuances and intricacies of life in Amelia to those of us outside its medieval walls. The program runs June 1 through August 13. 

The bells start ringing signaling that its noon and we are all in summer school. I briefly gaze out the side window from my seat and all you can see is the clay rooftops, the old buildings, and blue sky. Suddenly reality hits, we are not just in summer school, we are in Italy.

ARCA’s postgraduate program in International Art Crime Studies, class of 2010, is double the size of last year’s premiere group and rumor has it that interest for next summer’s program is already in record numbers. The program attracts people from all walks of life and all different backgrounds. This summer we are curators, conservators, lawyers, law students, appraisers, art historians, private investigators, gallerists, mapmakers, and archeologists. We are inquisitive. We are intelligent. We are the Art World.

As a group, we have already started to acclimate ourselves to this small beautiful Italian town called Amelia. Lunch ultimately sends us to Bar Leonardi, a local hot spot bar at the cross section of all the main roads in town. The staff of Leonardi tolerates our broken Italian as we sip our cappuccinos and snack on our sandwiches. The local older men sit under the overhang in the shade discussing various topics, but mostly they are studying the ARCA students with curiosity as if we ourselves are an exhibit at a museum.

For others, Punto Di Vino has become a home away from home. Luciano, the wine bar’s owner, and his family are so accommodating to our program as they offer us a glass of wine, a warm meal of risotto, and a piece of chocolate as we catch up with our families back home through Luciano’s free wireless connection.

The elusive Noah Charney, founder and president of ARCA, is finally extremely accessible to us this first week as he leads our lectures, which address topics ranging from forgeries to vandalism. He shares his personal love for Il Bronzino and the Ghent Altarpiece with us, and for the importance of churches needing better security systems. Noah sports a wallet chain and hair that until recently sported a ponytail. He also has been spotted smoking a Sherlock Holmes-esque pipe during lunch. Noah captures our attention with his vast knowledge and his way of engaging us by asking us questions that range from how we would define art to how we would handle security when a potential vandal enters our hypothetical museum.

This first week has allowed us to revisit issues that many of us have thought about extensively before but now perhaps can rethink in a different light. It is a great preview for the rest of the program. We are still in summer school, but while our shared passion to learn about this understudied yet relevant field keeps us going to class, we know that when class breaks for lunch, the Italian sun will be waiting for us.

June 3, 2010

ARCA's Colette Marvin at the Scene of the Crime at musée d'art moderne de la ville de Paris

Recently, ARCA's Colette Marvin, Director of Public and Institutional Relations, visited the scene of the crime while on business in Paris. Colette spent the past fall and winter organizing and curating a special exhibit on art crime at the National Museum of Crime and Punishment. Currently, she is engaged in a documentary project focused on the career of the infamous forger, Elmyr de Hory.

May 26, 2010

Traficantes de drogas y armas, tras el robo del museo de ParĂ­s

Belén Palanco (Efe) | París


El robo de obras de Picasso, Matisse, Modigliani, Braque y LĂ©ger la madrugada del dĂ­a 20 en el Museo de Arte Moderno de ParĂ­s, "tiene todas las marcas del crimen organizado", es obra de "traficantes de armas y droga", segĂºn Noah Charney, uno de los mĂ¡s reputados expertos en robo de obras de arte.

"El crimen organizado, desde los años 60, ha sido el responsable de la mayorĂ­a de los delitos con obras de arte en todo el mundo" y, sobre todo, de robos de cuadros de Pablo Picasso, "el artista con gran diferencia mĂ¡s robado y falsificado en la Historia", dijo Charney.

En la pinacoteca parisina los ladrones se apropiaron de cinco lienzos. El robo de esos Ă³leos, valorados "en cientos de millones de dĂ³lares", estĂ¡ en "segundo puesto", aunque "prĂ³ximo", respecto del mayor robo de la Historia, de unos 500 millones de dĂ³lares, que "la mafia corsa perpetrĂ³ en el museo de Isabella Stewart Gardner (Boston) en 1990", afirmĂ³ Charney, fundador de la asociaciĂ³n ARCA, que colabora con organizaciones internacionales para resolver casos delictivos con obras de arte.

"Las piezas robadas en ParĂ­s son del mismo tipo que las que eran sustraĂ­das en la dĂ©cada de los 60 en la Riviera francesa por miembros de la mafia de CĂ³rcega (sur de Francia)", señalĂ³ este experto. "La mafia corsa, entre 1961 y 1962, tuvo fijaciĂ³n por los cuadros de Picasso y CĂ©zanne, que marcaban rĂ©cords de ventas en las subastas, lo que culminĂ³ en el macrorrobo de 118 Picassos en una sola noche en el Palacio Papal de Avignon (Francia)".
Sorprendente 'modus operandi'

Sin embargo, Noah Charney declarĂ³ que el caso del Museo del Arte Moderno le sorprende por el 'modus operandi': el robo fue "limpio" y "sigiloso" y, ademĂ¡s, por la noche.

Ello sugiere, a su entender, "que estuvo bien organizado, coninformaciĂ³n desde dentro del museo sobre lagunas jurĂ­dicas y gestiones", y "que los ladrones, que no son trigo limpio, tienen un destinatario en mente" para su botĂ­n.

A pesar de los sistemas de alarma, los autores, añade Charney, "contaron con algo contundente para burlarlos". Y este es un problema actual de las pinacotecas, en las que, a pesar de que cada vez disponen de mĂ¡s medidas de seguridad, "el robo va en aumento", sobre todo en las horas de apertura al pĂºblico, como ocurriĂ³ recientemente en el Museo Munch, de Oslo.

En opiniĂ³n de Charney (New Haven, Connecticut, 1979), "la mayorĂ­a del arte conocido es robado para chantajear a la vĂ­ctima o a la compañía de seguros, o como moneda de cambio en negociaciones entre bandas delictivas" por drogas y armas, e incluso en casos de terrorismo.

Del robo de ParĂ­s ha pasado una semana y los lienzos "ni han sido recuperados, ni se ha negociado ningĂºn chantaje, por lo que su destino mĂ¡s probable es, como en el caso de tantas otras obras de arte famosas, que, al ser bienes fĂ¡cilmente transportables, sirvan para negociaciones entre los grupos del crimen organizado", concluyĂ³.