February 13, 2020

19 profiles, posting to just one thread, within one private group, on one social media site. How many more are out there just like this one?


Group Member 1
Two of 23 stucco buddhas that I took out from storage. Varying from 25 cm to 40 cm. in height. Purchased in the 90’s as Ming, but I feel that they could be much older, Jin or Song perhaps. They came in batches of hundreds.... some poor temples raided. I had first pick, perks being good friend of dealer and selected the best ones. They were all gone within 2 weeks, a Korean bought the whole lot and shipped them to Korea. Any thoughts most welcomed!

Group Member 2
great to have the complet [sic] set

Group Member 1
no complete set.... there were hundreds! They came in three batches of about 150 to 200 pieces each.

Group Member 3
 Did they all come from a single place?

Group Member 1
yes! Poor temple got raided .... from Shanxi. Am sure these were dug out from the walls of the temple.

Group Member 3
Ouch 😰

Group Member 4
I heard was a cave but who knows? Here is a larger one, looks to have been restored/repaired about two or three times over.Free standing- not pried off a wall.

Group Member 1
what is the size? Do you have a photo of the back? Think they added a hand and repainted it .... looks wooden and stiff

Group Member 4
H: 43, made with clay and straw like ,adobe.

Group Member 1
I see what they have done!!! They added a backing.....so that it is no longer 2D

Group Member 4
No, I don't think the back was added (imo), on mine. It was "sculpted' or not molded.

Group Member 1
if you say so!

Group Member 4
I do.

Group Member 1
#4 am sure you seen these but not this quality !
[Image file deleted]

Group Member 4
I've had a few, very nice and hard to find in such good condition.

Group Member 5
Gorgeous.

Group Member 6
My guess!! is Yuan or early Ming - based superficially only on hairdo and facial features.

Group Member 7
👍🏻

Group Member 8
Just beautiful

Group Member 9
do you mind me saying that I find it alarming that someone knowingly buys looted, stolen things. You would probably not do it when it is a stolen television, but you would when it’s about a statue many people have revered during many years?

Group Member 3
I often have mixed feelings about these things. On one hand it saddens me that some historical and cultural heritage suffered irreversible damage from this. On the other hand, I would hate to see something like this in the hands of uncaring individuals who only see them as a commodity.

Group Member 10
I absolutely agree. This is disgusting :(

Group Member 4
*inserts laughing GIF*

Group Member 11
These were different times back then. In some ways they were going to be sold one way or another. At least they went somewhere they were protected/conserved.

Group Member 6
We do not know when the poor temple was raided and for what reason...

Group Member 12
With that logic not a single item would exist after cultural revolution. So you cannot demonize looting as a whole.

Group Member 13
The Buddhas could be from a temple that was impacted by the construction of the Three Gorges Dam which began in 1994. https://pages.vassar.edu/realarchaeology/2015/11/22/the-three-gorges-dam-and-the-preservation-of-archaeological-sites/


Group Member 12
i thinks or more of sort of looted for profit. As 99,9% of all items 😜 Off course its bad and not good but sometimes it happens that it was retrospectively better that those items where moved out of a country for other generations.

Group Member 13
 https://pages.vassar.edu/realarchaeology/2015/11/22/the-three-gorges-dam-and-the-preservation-of-archaeological-sites/

Group Member 1
I share your view. If that is your case , anything coming out of China without the wax seal mark prior to 1980 is illegal. After that, anything that is Qianlong or after, is illegal from China too. With the mass destruction and looting done by the West in the past, the trend continues but a trickle..... totally for commercial reason. By your values, every stolen object should be returned to China and anything pre Qianlong you yourself traded in from China, is illegal too.... including all the Tang, Han, Ming tomb figures . I totally am totally sympathetic to the wanton destruction for commercial gain, but could not help myself, if I see something beautiful and affordable. They would and have disappeared into the market. At least I have a few and sharing their beauty here.

Group Member 1
(Speaking to Group Member 10) all your Chinese Buddhas and wooden deities/altar figures were also stolen from temples!

Group Member 1
the buddhas were from Shanxi, North China.

Group Member 11
Also none of these are "cultural relics" level items.

Group Member 10
I don't think it is the same situation. Most of my pieces were inherited, bought in Macau, prior to the Cultural Revolution when the Chinese didn't really care about those pieces, and when there were plenty for sale in Macau. Later, many others were bought to Chinese from the mainland, bringing them to Macau saving them from being destroyed during the Cultural Revolution. I think it is totally different than just looting temples for sale.

Group Member 12
at some point in their life they where in a temple

Group Member 10
not necesserally. Many were in private houses. I am sure you know there were beautiful private houses and palaces all over China and their owners brought what they could to Macau fleeing Communism China.

Group Member 1
looted items, with time is still looted items. Whether the Chinese cared or not is immaterial, but they were not taken from temples illegally. The inheritance of looted items do not make it ok. The buddhas just appeared in the streets of Hollywood one day in two or three dealer’s shops. I was dramatic to say looted, but maybe the temple was being torn down for some development or other reason.

Group Member 1
p.s. every piece of antique older has passed through many hands, even generations. Are you certain that every piece you have has legal provenance?

Group Member 12
objectively nobody can say that. I really dont understand the witch hunt here. 99,9% of all antiques are somehow looted if you dont keep them in the country of origin. Just think about all the museums which are full of stolen goods of major cultural significance.
Stolen.
looted and cultural appropiated
etc etc....

Group Member 14
Sadly, much of what we collect was, at some point, probably taken forcibly. There are religious items for sale that come out of European churches and monasteries all of the time. I own a few of the smaller items, but I was very tempted to buy a life size wooden statue of an angel that came out of a church somewhere in Eastern Europe. The truth of the matter is we cannot know for sure about most of the things we own or have purchased. I look at what I have collected and ponder this quite often. Collecting things will always be a double edge sword.

Group Member 5
well said.

Group Member 15
I am glad others shared the same dilemma as I do, as much as I know, the items that I owned were purchased from the owners but you can never be sure of its origin. I have been in a situation (uncomfortable) where the children of the owners (still alive and sad) are trying to sell their parents collections or heirloom to me. They claim it's taking up space and need the money for their medical bills. And I have met some monks who told me stories about how in the past they dont need to lock their monasteries but not so now. They show me places or empty spots where something sacred used to sit. And the metal chains and locks around those that survived.

Group Member 16
If it weren't for stolen objects, most (if not all) museums in the US and Europe would be shut for lack of artifacts. That is NOT justifying the looting, only a sad statement of fact.

Group Member 15
though there is a conscious effort now to return and recall back for those items but they will never return them.

Group Member 17
If a artifact ends up in my home it was karma

Group Member 18
Lots of Hindu temples dating as early as 7-11 century were broken down in Bangladesh ,the statues ended up in antique shops in Dhaka ,Guess many were exported to Europe and the authorities did not care as its a Islamic nation and were not keen to protect the ancient archeological heritage .

Group Member 15
also too poor and too many of them around. I am working on nature conservation, people don't care about these things if their stomach is hungry and children are crying for food

Group Member 19



Transcribed as written from one day's posting (12 February 2020) within one private Facebook group.
  • 19 profiles.
  • None of which are from islamic countries. 
  • None seemingly terrorists, or buying ancient art from (current) terrorists.  
  • All posting in one singular thread, within one private group, on one social media site. 
How many more groups, just like this one, are out there?

{\displaystyle \mathrm {N} \!\!\mathrm {B} }
That was a rhetorical question. Too many to monitor.

February 12, 2020

Convictions in the Nizam Museum Theft.

Image Credit: Hyderabad Police
Two burglars, Mohammed Mubeen (24) and Mohammed Ghouse Pasha (23), responsible for the jewelry theft from the Nizam Museum housed in the Purani Haveli palace have been found guilty and convicted by a local court in Hyderabad, India on Tuesday. 

The palace was once the official residence of the Nizam, the last of whom ruled over the region from 1911 to 1948, when Hyderabad State was annexed by India. 

The pair entered the museum sometime on the evening of Sunday, September 2, 2018 by dislodging a ventilation grill which allowed them to enter an exhibition gallery where they proceeded to break into a non alarmed exhibition case and make off with a three-tier diamond-studded gold tiffin box with trays, as well as a golden tea cup and saucer embedded with ruby and emeralds, a spoon and a tray which once belonged to the 7th Nizam. Tiffins (or dhabbas) are traditionally round metal lunch containers with three or four stacking compartments used for serving traditional homemade thali lunches which feature bread, pickles, spicy curries, and sometimes desserts.

With the help of the public, Hyderabad City Police's Commissioner’s Task Force (South) team quickly recovered the stolen museum objects a short while later and identified the pair, who were then formally charged. 
Yesterday, City Police Commissioner Anjani Kumar confirmed that the court had issued its verdict, sentencing the duo to two years of imprisonment.

February 11, 2020

The less than clear origins of fugitive Vasil Bozhkov's Thrace and Private Collection

Vessel from the
Panagyurishte Treasure
As Bulgarian authorities work through how to get their fugitive gambling tzar extradited from the UAE to stand trial, the cultural heritage community is crossing their fingers that the country's cultural ministry will (eventually) release a list of the nearly 3,000 artefacts which make up the art and antiquities previously purchased by the business mogul.  But to understand the current state of affairs as it is related to their sequestration, it is necessary to first understand the standing of private collections within this former Soviet-led Eastern Bloc country. 

In the past, Bulgaria's April 1969 Law on the Monuments of Culture and Museums (LMCM), a carryover from the country's communist era, defined cultural objects holding market actors as government agencies, state-owned museums, private and legal individuals.  As such, the LMCM did not explicitly ban the private ownership of antiquities, but it left their legal status somewhat vague.  This allowed collectors, like Bozhkov, and others, to benefit from quasi-legalized private collections, which in Bulgaria seemed to be purchased to philanthropically polish the reputations of the controversial new rich.

Rhyton Vessel from the Panagyurishte Treasure
Faced with a countryside increasingly devastated by archaeological pillaging throughout the 1990s and into the next century, Bulgaria's Ministry of Culture went on to adopt an amendment, Ordinance No.1 in 2005 on the procedure for the evaluation of declared cultural goods owned by legal entities or individuals.  The motivation for this new procedure stated that the implementation of the regulation was done in accordance with the obligations undertaken by the Bulgarian government with respect to their EU accession negotiations under negotiation Chapter 25, Customs Union.  It required that any legal entity or individual in possession of cultural property must complete and submit registration documents for each object within their collection, and for those documents to then be filed with the closest regional or specialized state museum. Unfortunately, despite its unifying intentions, the mandate set no fixed term deadline for an object's registration once purchased and again had gaps which further needed closing. 

Rhyton Vessel from the
Panagyurishte Treasure
Experiencing rampant looting and the moonscape-like devastation which occurred at the ancient Roman settlement of Ratiaria, Bulgaria adopted further stringent rules and legislation related to private collections, in part to address the loot-then launder-then-purchase cycle of plunder which had become a driving force in the market for Bulgaria's Thracian and Roman artifacts.  Revised in part to meet the new requirements corresponding to the rules of the European Union, the country's new Cultural Heritage Act (CHA) was adopted in March of 2009 and was subsequently put into force in April of 2009. This new law included stricter registration requirements and most importantly, the need to show demonstrable proof of legal ownership of objects.

Yet each tightening of restrictions continued to meet with resistance.  

Bulgarian coin collectors grumbled that the newly imposed paperwork was too costly and time consuming to compile for small dealers, i.e. those who make their livelihood off of the buying and selling of ancient ancient coins which are known to change hands frequently.  Likewise, wealthier collectors, already with established collections of costly ancient artifacts, complained that the rules did not allow for any sort of amnesty on prior acquisitions before the law was put in place. Some believed that the change in requirements favored those in political favor, and complained that even the country's own state museums could not pass the new stringent requirements now being required of them.  Privacy advocates also voiced suspicions that burglaries of private collections might be committed with the involvement of corrupt government officials who would, as a result of the new rules, have access to the property registration documentation of private citizens.

Which brings us back to the current state of Mr. Bozhkov's collection. 

Prior to the recent freezing of Bozhkov's assets the Thrace Foundation is believed to have successfully completed the applications for legalization for just 212 of Bozhkov's nearly 3,000 objects.  Many of these registered objects have been displayed in travelling exhibitions which have toured in Brussels, Moscow, and Sofia between 2005 and 2018. 

These objects, reportedly authorized by the Ministry of Culture, appear to have been registered as part of the private Vasil Bozhkov Museum which is said to be an independent legal entity. This entity "owns" the exhibits which make up the collection belonging to the Thrace Foundation, a non-profit organization, founded by Vasil Bozhkov in 2004.

It has been reported by some news agencies that the approximately 2700 remaining Bozhkov items have been declared with the government within the last ten years, and that the businessman applied for registration via the National Institute of Science, though no dates for these applications has been specified.  Even if the objects were dutifully declared, the bulk of the art and antiquities have not been formally evaluated to determine their origins or authenticity, nor has Bozhkov paid the 30 Bulgarian lev fee for each object's registration.   What should be noted however is that there is no deadline for paying this fee stated in the country's regulations, nor is there a deadline for the government to rule on an object's legitimacy, once it has been filed.  

Given that the objects have not yet been formally evaluated by heritage experts approved by the Ministry of Culture, is not clear at present how many of the artefacts in Bozhkov's private collection would meet the following Bulgarian two-step registration criteria. 

That identification/qualification process consists of two steps:  
  • identification the object to be registered via photos and historical or scientific records which concretize an artifact's authenticity and origin. 
  • provide supporting evidence of the object's legitimacy and purchase, via  substantiated collecting histories, concretized by an object's accompanying provenance records. 
Failure to establish an artwork or artifact's legitimacy via the above criteria, can result in the object's legal registration being withheld.   In some cases, said objects may be subject to seizure in favor of the state under Art. 278a (Last amendment, SG No. 27/2009 in force as of 10.04.2009) of the Penal Code which states:

(1) An individual who offers a valuable cultural artifact to the purpose of expropriation or expropriates a valuable cultural artifact which is not identified or registered, is imposed a punishment of imprisonment from one to six years and a fine from one thousand to twenty thousand BGN.

(2) The punishment is also imposed to an individual who acquire such cultural artifact.

(3) In the cases when the crimes under para 1 and 2 have been committed over again or are qualified as dangerous recidivism or they have been committed after an order or in implementation of a decision of an organized criminal group or they have been committed with the purpose the object of crime to be exported over the state border, the punishment which is imposed is imprisonment for a term from three to ten years and a fine from five thousand BGN to fifteen thousand BGN.

The gambler makes a case for buying antiquities to save them

Bozhkov himself is known to have admitted that not all of his antiquities would pass the country's registration sniff test.  In a 2005 interview with Bulgaria's daily newspaper Trud he unremorsefully confessed "I buy from people who buy from treasure hunters...I have more opportunities than the state."  He then justified his purchases by admitting "I am satisfied that I have at least somewhat limited the export of this wealth."   

By agreeing to purchase unprovenanced antiquities to develop his private collection and to fill his private museum, in furtherance of irresponsible collecting practices, Bozhkov and collectors like him, have continued to  incentivize destructive or clandestine excavations, feeding the demand for illicit goods. 

How big a demand?

Bozhkov's thirst for antiquities was large.  His collection of Thracian gold is believed to be larger than that held by Bulgaria's National Museum of History.  His collection is known to include three gilded silver vases representing Orpheus, situlae, several gold wreaths from Thracian rulers, gold funeral masks, kylix, lekanes, epichysis, oinochoi, phialae, a silver kantharos with an image of Theseus, and at least ten silver rhytons.  And that is just representative of some of what we know from the exhibitions of his collection to date. 

For now, it remains unknown which, if any of his purchases will eventually be restituted to the state on the basis on illicit origin, or, in the case of licit purchases, might be lawfully returned to Bozhkov after the conclusion of the state's current assessment. His collection might also be subject to criminal forfeiture by means of confiscation should he be convicted of the charges he is facing and should it be proven that the art and antiquities were acquired through the proceeds of crime. 

By:  Lynda Albertson

February 2, 2020

Dick Drent returns to Amelia to teach "risk management and crime prevention in museum security” at ARCA's 2020 Postgraduate Program in Art Crime and Cultural Heritage Protection

By Edgar Tijhuis

This year, the ARCA Postgraduate Program in Art Crime and Cultural Heritage Protection will be held from May 28 through August 12, 2020 in the beautiful heart of Umbria in Amelia, Italy. In the months leading up to the start of the program, this year’s lecturers will be interviewed. This week I speak Dick Drent, the Van Gogh Museum's former security director and on of the worlds leading experts on museum security.

Dick Drent
Though Dick and I both located in Amsterdam, I have to this interview via Skype as Dick is constantly flying around the world to assist museums from the US to the Far East and in between. When I talk with him to discuss his return to Amelia in 2020, Dick is heading for Dubai and Abu Dhabi as the first two emirates to talk about bringing proactive security to the UAE. Soon to follow by the other emirates.

Can you tell us something about your background and work?

My background is based on law enforcement with the Dutch police, where I worked for 25 years, mainly involving international investigations hinging on organised crime. In that capacity I worked for 15 years in the Undercover and Sensitive Operations Unit on counter-terrorism projects and on setting up, running and managing (inter)national infiltration projects. I also worked as the Liaison Officer for the Dutch Police to the UN War Crimes Tribunal at the Hague, a tribunal set up in 1992 for the prosecution of persons responsible for serious violations of international humanitarian law set up following the war in what is the former Yugoslavia.

In 2005 I was approached by the Van Gogh Museum to serve as their Director of Security, responsible for dealing with their threat and risk issues as it relates to the museum’s complex physical security as well as it's the museum’s approach to organizational, construction and electronic risk management. Leading up to my hire, these were not sufficient for a museum of this calibre and had resulted in the 2002 burglary of the museum in which two Van Gogh paintings were stolen. So, I was mandated to change and overhaul the museum’s overall security which I did, developing and implementing a new proactive security strategy which effectively assessed risk and minimized the potential of future breaches. Next to that I was pinpointed as chief investigator with the goal of getting the museum's two stolen Van Gogh paintings back. In 2016 after many years of tracing and tracking tips, gathering information, connecting with informants and conducting investigations all over Europe we were ultimately successful. Fourteen years after the robbery, and in close cooperation with Italy’s Guardia Di Finanza of Naples, we were able to recover the paintings at a house connected to one of the bosses of the Camorra organized crime clans in Naples. There, the paintings were seized by law enforcement authorities and when authenticated, were returned to the Van Gogh Museum where they have been restored and are now once again a part of the museum’s collection.

Recovery of the Van Gogh's
In 2014 I left the Van Gogh Museum to further develop my own business enterprise where I continue to be successful in an advisory and consultancy capacity, a segment of which is specialized on providing security and risk training as it relates to protecting cultural heritage. I have also expanded my company Omnirisk through a merger with the International Preventive Security Unit (IPSU) where knowledge and expertise is combined. We will operate under the name International Security Expert Group. (ISEG). ISEG works with experts from law enforcement and special forces from the military and will cover the full range of training and courses in security and safety for any situation in the world. Next to this I’m still busy with assisting museums and cultural projects all over the world to improve their security. At the moment I’m in touch with Mark Collins, a law enforcement officer from Canada and an ARCA alumnus, to set up training programs on proactive security in Canada.

What do you feel is the most relevant part of your course?


Dick Drent on a field trip during the
2019 program
As it relates to my course with ARCA, aside from creating security awareness in the broadest sense of the word, especially for those participants who have no security experience in their backgrounds, the most relevant part of my course involves a change of mindset. This is done by literally letting them climb into the skin of the criminal or terrorist, where they are asked to assume an adversarial role or point of view in order to understand how easy it is to commit an art-related crime. By considering, how they themselves would set about attacking a museum or an archaeological site or infiltrating a private institution with the intent and goal of stealing or destroying something, they are better able to see and understand the site's security vulnerabilities, by simulating a real-world attack to evaluate the effectiveness of a site’s security defenses and policies.

What do you hope participants will get out of your course? 

I want them to understand that the protection of cultural heritage doesn’t begin with chasing stolen, falsified, counterfeited, looted, plundered or destroyed art or heritage. I want them to learn that it starts with thinking about threats and actors, and risk in advance of an incident and exploring how we can prevent incidents before they happen. By changing from a reactive method of security as we know it, ergo, reacting to incidents after they occur, where, per definition, you are already too late to have prevented it), to a proactive strategy is what is needed for comprehensive security strategies. Pro-activity involves identifying the hazardous conditions that can give rise to all manner of risk, which we address in a variety of methods, including predictive profiling, red teaming, utilizing security intelligence and other proactive approaches which lead to the actual protection of cultural heritage.

A second thing I know for sure the participants come away with from my course is that when finished they will have a strong understanding of how security should, or more correctly, has to be an intrinsic part of any organisation. It’s not unusual for those who study under me, to say afterwards that they will never be able to walk into museum again without looking for the security issues at hand and in their head making a survey how easy it would be too…… For them, the days of solely enjoying a museum or art will be over. Forever.

In anticipation of your courses, what book, article, or movie would you recommend to participants? 

Next to reading everything that is mentioned on the advanced reading lists we provide to participants, I would highly recommend reading the book: Managing the Unexpected (2007) by Karl E. Weick and Kathleen M. Sutcliffe. This book discusses the ideas behind the High Reliability Organization (HRO) and it's principles. In my opinion every organization that is involved in the protection of cultural heritage, should be managed as an HRO. Read it and you will find out why.

Is there anything you can recommend about the program or about it being in Amelia or Umbria? 

Coffee break during the conference
An added value to your investment in following this program in Amelia is the opportunity to develop one’s network with other participants and with all the professors and lectures who come to Umbria because of ARCA and the ARCA conference. This sometimes isn’t obvious in the beginning, but I am still in contact with a lot of the participants and presenters from the previous year’s courses and conferences and have also been able to connect them to other people in my network long after the summer is over. So, for a future career, even it is not clear yet what or how that career will look, this program offers opportunities too good not to make use of! Tip: Print business cards to give to the people you contact and ask for theirs. Make them notice you, by your questions and drive to learn

Regarding Amelia, Umbria and of course Italy as a whole, there are not enough words even to begin to explain why someone should travel around in this big playground where every stone represents a part of history. Not to mention the beautiful food, wines and various dishes they serve in all the different regions and the friendship you can experience if you are really interested in the people and the country. It’s worth soaking up and living it!

What is your experience with the yearly ARCA conference in June?

Throughout the years that the Amelia Conference has taken place, I have watched it become more and more focused and specialized. The number of attendees has also grown from 40-50 at its start to well over 150 attendees, even without using publishing or marketing tools. That is what a conference should be about, interesting topics, good speakers, interesting discussions and the opportunity to network and get to know people. Due to my work, I am not always able to attend every year and feel this as a missed opportunity to grow and to extend my knowledge and network. For the participants it is very important to be there and to connect with the people that could be interesting for their line of work or career or just because it is good to meet interesting people. This applies also the other way around. I’m looking forward to meeting all of the participants during this coming 2020 program!

 -----------

For a detailed prospectus and application materials or for general questions about this postgraduate program please contact us at education@artcrimeresearch.org 

Edgar Tijhuis is Academic Director at ARCA and visiting scholar at the Institute of Criminology in Ljubljana. He is responsible for the postgraduate certificate program in the study of art crime and cultural heritage protection. Since 2009, Edgar Tijhuis has taught criminology modules within the ARCA program.

Supreme Court Asked to Consider Legal Status of Famous Picasso Painting

A petition for writ of certiorari has been filed asking the U.S. Supreme Court to review a ruling dismissing a case against New York’s Metropolitan Museum of Art for the return of a Pablo Picasso masterwork, “The Actor,” created around 1904-05.

Jewish refugee Paul Leffmann sold the painting under duress in 1938, because of Nazi and Fascist persecution, when he and his wife Alice, having already escaped Germany, sought to flee a fast-Nazifying Italy. The purchasers were art dealer Hugo Perls and Pablo Picasso’s own dealer Paul Rosenberg, a French art dealer who represented Picasso, Georges Braque and Henri Matisse.

Not satisfied with an appellate court decision affirming the dismissal of the family’s claim to the painting as having been filed too late, Laurel Zuckerman, Paul Leffmann's great grand-niece, through her attorneys, has petitioned the U.S. Supreme Court to hear her case.  The Supreme Court grants around 100 of the 7,000+ petitions it gets each year, focusing on cases of national significance,or  those which might harmonize conflicting decisions in the federal Circuit courts. 

According to Zuckerman’s petition, her case raises an issue of nationwide importance concerning the HEAR Act: whether, “despite the introduction of a nationwide statute of limitations designed to revive Holocaust-era restitution claims,” the Act still allows the laws of each of the 50 states to declare a claim untimely, and to thereby put up additional roadblocks to the very Holocaust era claims Congress encouraged under the HEAR Act. 

Zuckerman, representing the estate of Alice Leffmann, had sued the Metropolitan Museum of Art in 2016, asserting in court papers that the museum does not hold good title to the painting because the businessman was forced to sell this artwork at a low price, under pressure, in order to finance their flight from Italy given the actions of the Nazi-allied Mussolini-led government and anti-jewish climate at the time in Western Europe.  The Nazis had already stripped the Leffmans of their home and business. Having lost in the district court, the case was then brought up on appeal to the Second Circuit Court of Appeals in New York.

The appellate court agreed that the case was properly dismissed. 

The appellate court's ruling noted that the federal Holocaust Expropriated Art Recovery Act of 2016 (known as the HEAR Act), designed to help facilitate the recovery of art and other prized possessions unlawfully lost because of Nazi persecution, needs to provide “some measure of justice, even if incomplete,” to the victims of Nazi persecution and their heirs.  However, the court sided with the New York museum stating that it would be unfair for the Metropolitan to relinquish the Picasso, given the "unreasonable" delay in demanding its return.  The appellate court noted: "This is not a case where the identity of the buyer was unknown to the seller or the lost property was difficult to locate." 

The cert petition to the U.S. Supreme Court raises two challenges to the appellate court ruling. First, “whether the nonstatutory defense of laches may bar an action to recover artwork lost because of Nazi persecution, where that action has been brought within the statute of limitations prescribed by Congress” in the HEAR Act. And second, whether a case can be dismissed so early without a factual exploration of the laches defense urging undue delay raised by the Museum. 

Zuckerman is represented by Mary- Christine SUNGAILA, Will Feldman, and Marco Pulido at Haynes and Boone, LLP, in the case before the Supreme Court.  Zuckerman was represented in the trial court and continues to be represented on appeal by Lawrence Kaye, Howard Spiegler, Ross Hirsch, and Yael Weitz of Herrick, Feinstein LLP.

January 31, 2020

Vasil Bozhkov's antiquities collection ordered to be seized by Bulgarian authorities


The National Museum of History (NIM) has received a prosecutorial decree and a letter from the Ministry of Culture to seize and accept the art and antiquities collection of Bulgarian gaming czar Vasil Bozhkov.  This court order, along with seizure orders pertaining to his business assets, accompanies charges stemming from an investigation into allegations of serious financial violations within the gambling industry.  Filed on 29 January 2020 by the country's Prosecutor General, Ivan Geshev, the post-communist era mogul has been indicted in absentia for a series of offenses ranging from leading an organized crime group, incitement to commit criminal offenses, extortion, coercion, blackmail, and attempted bribery of an official. 

Believed to be the country’s richest man, Bozhkov has been referred to as Bulgaria's most infamous gangster, and as being reportedly active in money laundering, privatization fraud, intimidation, extortion, racketeering, and illegal antiqueè [sic] dealing as attested in a diplomatic cable of the US Embassy in Sofia, as far back as 11 September 2009 and released publically via WikiLeaks.  As owner of the country's biggest lottery,  Bozhkov has often been linked in the Bulgarian press to the Bulgarian mafia, but up until now, he has never been convicted of any crime. 

Bozhkov's ancient art collection consists of more than 3,000 antiquities and dates from 4,000 BCE though the 6th century CE.  With questionable provenance and transparency in their acquisition, the assembled objects, some of which can be viewed in the film below, include ancient treasures left by the Greeks, Macedonians, Romans, Byzantines, Bulgars, and Thracians, one of the most powerful Indo-European tribes of the ancient world, and one who played an important, creative, and key role in the shaping of European civilization as a whole and Bulgaria's culture in particular. 


Bozhkov also founded the Thrace Foundation in 2004, perhaps to lend credibility to his seemingly controversial collection and began holding exhibitions at various locations throughout Europe thereafter.  Marking Bulgaria's entry to the EU in 2007, his Brussels exhibition, "The Grandeur of Bulgaria" was abruptly terminated at the European Parliament following outraged complaints about the collections origins. One of the most vocal critics was Vassil Nikolov, then director of the National Archaeological Institute with Museum at the Bulgarian Academy of Sciences and president of the state committee responsible archaeological surveys throughout the country. He signaled out the Bozhkov exhibition as "the fruit of grave-robbing." 

Private collections such as this one in Bulgaria, are often deemed unacceptable, given they are established without concerns for the the provenance of the objects  accumulated and against the backdrop of rampant treasure hunting which is actively eviscerating Bulgaria’s tremendous historical and cultural heritage.

Trying to get ahead of this week's growing scandal, the Thrace Foundation issued an interesting one page press release while their founder remained missing.  Via email, the press release, sent to ARCA and others in the heritage protection community, stated that the authorities had stormed into the laboratory and museum of Thrace Foundation. Their press release read in part:
"At the moment, the Bulgarian authorities are blatantly violating the law by seizing priceless objects from the Vasil Bojkov Collection without any legal justification. The authorities made the decision to export fragile and unique works of art in plastic bags during the unregulated raid that took place in the building of Nove AD Holding, which has the status of a museum."
The Prosecutor’s Office has denied the accusations that Bozhkov’s collection was being mishandled, with the National Museum of History (NIM) reporting that nine museum staff members are involved in the process of packing and transporting the items.

Charged in absentia, Bozhkov's current whereabouts were unknown at the time of this articles writing.  The last flight of his private jet was from Sofia to Dubai.

UPDATE 2 February 2020: Bulgarian Prosecutor General Ivan Geshev, confirms that Vasil Bozhkov, who is the subject of a European arrest warrant, has been detained in the United Arab Emirates.  Bulgaria will now prepare a formal extradition request for his return to Bulgaria to face charges, but given that the U.A.E. and Bulgaria do not have a bilateral extradition agreement, the wait for his return, may stretch indefinitely.

With at least nine people wanted by the Italian judiciary in the UAE, on charges including mafia association, money laundering, drug trafficking, and tax fraud,  the country has become a well-known refuge and money laundering paradise for criminals with big bucks.  Avoiding extradition when its own bilateral agreement was not signed, Raffaele Imperiale, who hid two stolen Van Gogh paintings in one of his family's homes, has avoided his own convictions in absentia for more than ten years.  

Imperiale supplied weapons for a clan feud in the drug ravaged Scampia neighborhood of Naples, working within the drug trade with criminal Rick van der Bunt, who was liquidated in Spain in 2008. Imperiale has been spotted at the seven-star Burj al Arab hotel in Dubai with others who are believed to control the European cocaine trade.

By:  Lynda Albertson

Gallery Theft - Dalí authorized sculptures taken from the Galleri Couleur in Stockholm


A large number of authorized bronze sculptures, created with the permission of the Spanish Surrealist artist Salvador Dalí, were stolen in the early morning hours of 30 January 2020 from the Galleri Couleur in Stockholm.  In a smash and grab theft at approximately 4 am that also damaged additional pieces left behind, the thieves are believed to have made off with ten works of art at the gallery.  Peder Enström, the owner of the Galleri Couleur, has given an estimate that the stolen sculptures are worth between 200,000 and 500,000 Swedish Krona each, though next to nothing on the legit market, given they no longer have their accompanying paperwork and are easily identifiable. 

Stolen: Dalí - Profile of Time
While Dalí­ was alive, he sometimes made maquettes of his creations, using hollow wax forms and sold the rights to their use these for recasting his work as authorized sculptures. 

These sculptures have a specific serial number and are accompanied by a certificate that certifies that the sculpture is an authorized Dalí­ multiple, with the number of copies made in the series a critical determinant in the object's pricing.  The rarer the piece, or works documented as being cast during Dali’s lifetime (i.e. before 1989) bring a higher price when sold. 

Stolen: Dalí - Nobility of Time
The sculptures stolen this week are multiples that the sculpture Salvador Dalí sold limited rights to via Baniamino Levi.  Their agreement allowed for the production of a limited series at the Perseo Foundry, in Mendrisio Switzerland.  That said the proliferation of the artist's multiple, and their brisk sales are not without controversy.  In any case, if the price seems too good to be true, and the sculpture has no paperwork, buyer beware. 

January 29, 2020

30 art objects held in precautionary seizure at the Brussels Antiques & Fine Arts fair



Begun in 1956, BRAFA, the eight day Brussels Antiques & Fine Arts fair (Salone dell'Antiquariato e dell'Arte di Bruxelles) is Europe's most unashamedly eclectic art fair, covering artworks from antiquity to even a charity auction of five original segments of the Berlin Wall.  Kicking off Europe's annual art market sales, the event takes place inside the former Entrepôt Royale at the Thurn & Taxis railway depot which overlooks the industrial canal that links Brussels to the North Sea.  There it gathers together some 50 Belgian and 83 international galleries, showcasing more art than one can find in some fine museums around the globe, and attracting everyone from the curators of important museums to wealthy millionaires.


That said, despite the champagne, candelabras and exclusivity, the 65th edition has got off to a bumpy start.  Despite what some feel is a sufficiently strict vetting process, which is said to examine each work prior to the fair’s opening, relying on a panel of 100 independent experts, checks by the Art Loss Register, and a scientific laboratory specialising in the analysis of art objects, a number of artworks have raised concerns in the days leading up to the fair's opening.

A joint inspection operation, carried out by the Belgian Federal Public Service Economy ( French: SPF Économie, Dutch: FOD Economie), conducting routine controls to make sure that exhibitors fully respect all regulations according to the import, export and transit of goods revealed some objects of concern.  The inspectors attention is reported to have been focused on merchandise, intended for sale directly, or under consignment by various dealers listed in the Belgian news journal L'Echo.  

Following their preliminary inspection, authorities moved forward with what is known as a precautionary seizure, or the freezing of a traceable asset, for a total of thirty ancient artifacts and tribal art objects, on the basis that the objects were either of suspect authenticity or may be proven to have issues of concern regarding their provenance.

Speaking to journalists with the Belgian business newspaper, L'Echo, the deputy spokesperson of the FPS, Étienne Mignolet, confirmed that on January 27, the FPS Economy (Directorate General of Economic Inspection) carried out a routine check of some of the dealers participating at the BRAFA fair.  Mignolet, stated:


That review, in turn, resulted in the precautionary seizure of some works of art.  


In addition to the seizures, two merchants, from France and Mali, were taken into custody.   
Youtube Screen Capture:
 https://www.youtube.com/watch?v=XObAk1kDVp4

Other dealers exhibiting at BRAFA in previous years have undergone probes into allegations of art trafficking from current war zones.  In 2018 Jaume Bagot Peix, once hailed as the "child prodigy of ancient arts" and a regular dealer at BRAFA through his business J. Bagot Arqueología Ancient Art, was arrested by Spanish authorities on suspicion of jihadi terrorist financing through the sale of illicit antiquities, some of which he displayed at the Brussels-based fair.   Earlier, in 2016, the Wall Street Journal reported that Belgian customs authorities seized objects sent to Belgium for the BRAFA fair by Phoenix Ancient Art SA, cofounded by Hicham  and Ali Aboutaam.  The objects were two 4500-year-old bas-reliefs from Syria. Both cases are ongoing.


While it has been noted in the press by BRAFA administration that these types of controls are commonplace prior to the Fair,  the art fair organizers fully support the general goal of transparency and due diligence within the art art market and fully cooperates with the authorities in the common interest of insuring the best practices within legal art market.

Update 29 January 2020/18:50:  ARCA has received a Press Release from the BRAFA fair administration.  This document (in French) can be downloaded here and is translated into English below.  This release seems to indicate that several of the dealers mentioned in the L'Echo and other Belgian news article were not subject to seizures.   Please see that BRAFA press release in its entirety below.

-------------------

PRESS RELEASE - 29.01.2020
Official correction to the article published in L’Echo and relayed by other Belgian media this Wednesday 29 January 2020.
BRAFA confirms that a routine check was carried out by the SPF Economy this Monday, January 27 in the morning.
This is a usual procedure which, moreover, takes place regularly at the various trade fairs in Belgium and abroad. BRAFA has always collaborated with the various administrative services and maintains a completely transparent relationship with them.
Certain pieces were in fact the subject of a simple conservatory seizure pending further information.
It is important to note that none of the items seized were on display on the BRAFA. Following the internal appraisal procedure, these objects were stored in a reserve closed to the public and exhibitors throughout the duration of the show. This procedure for admitting objects is in force at all international fairs and is based both on an examination of authenticity and on the guarantee of its provenance, but also on its intrinsic artistic quality.
BRAFA deplores the publication of names of galleries which are not involved in the current checks (Aaron, Desmet, Cybèle, De Jonckheere), as well as the use of illustrations from other galleries completely foreign to the subject of the article. BRAFA regrets the negative image and the confusion that can arise from the publication of erroneous information, being normal and routine procedures, which has been going on for many years.
BRAFA - Brussels Art Fair - 26/01 → 02/02/2020Tour & Taxis, Avenue du Port 88 - 1000 Brusselswww.brafa.artAlso follow BRAFA on Facebook, Twitter, Instagram, LinkedIn and YouTube.Press contact Belgium and international coordinationBruno Nélis - b.nelis@brafa.be - Tel +32 (0) 2 513 48 31 - GSM +32 (0) 476 399 579

January 21, 2020

Cairo Criminal Court in Abdin convicts former Italian diplomat for antiquities smuggling

Image Credit Left: https://www.radiolfc.net/tag/m-skakal/
Image Credit Right:  Italian Carabiniri
Today the Cairo Criminal Court in Abdin convicted Cav. Ladislav Otakar Skakal, the former honorary consul of Italy in Luxor, in absentia.  In doing so the courts sentenced the former diplomat to 15 years imprisonment for the smuggling of Egyptian antiquities out of Egypt.  

The Egyptian authorities had previously requested that Skakal's name be placed on INTERPOL's Red notice in connection with his involvement in the smuggling of some 21,855 artifacts from the port of Alexandria.  These objects had been discovered inside a diplomatic shipping container, of the type used to transport household goods, sent through the port of Salerno in May 2017.  

Prosecutors in Egypt had produced evidence in the court case that Skakal was actively involved in the smuggling of the artifacts, which had been seized from inside a diplomatic container shipped in his own name.  The court also found cause to believe that Skakal had worked in agreement with an official of the shipping and packaging company responsible for shipping his container, specifically with a view of exploiting the privileges of his honorary office to illegally export artefacts from the country of Egypt, without informing the government and with the help of accomplices working inside Egypt.

Cav. Ladislav Otakar Skakal's whereabouts are currently not known. He was last known to have returned to Rome.  The mandate of the former honorary consul expired in 2014 and since then, Skakal has no longer had ties to the Italian embassy in Cairo. 

Five Masters Paintings, representing the GDR's largest art theft are finally coming home, but where they have been for 40 years and who was responsible for stealing them remains a mystery


With their authenticity confirmed, five old masters paintings, "Portrait of an Old Man" from the Rembrandt workshop (probably Ferdinand Bol), "Country Road with Farm Carts and Cows" by Jan Brueghel the Elder, the "Half-length Portrait of an Unknown Man with a Hat and Gloves" by Frans Hals, "Saint Catherine" by Hans Holbein the Elder, and "Self-portrait with Sunflower" by Anthonis van Dyck, will each go back on display in Gotha, Germany, at the end of January.  The artworks were stolen from the Friedenstein Palace exactly four decades ago. .  

Window where thieves accessed the gallery at the Friedenstein Palace in Gotha
Image credit: Mitteldeutscher Rundfunk
The Dutch master works were stolen on a rainy evening between 13-14 December 1979.  During the burglary, which coincided conveniently with the yet untested installation of a new security system, a thief, or thieves, accessed the west wing of the historic palace using some type of crampons, to climb up a rain gutter attached to the side of the building.  

Gaining entry via a second floor window, ten meters up the palace walls, the culprit(s) then are believed to have hand picked specific paintings, (having left other more valuable works behind) and then lowered the paintings back down the side of the building, before descending themselves and making their getaway through Gothaer Park where the baroque palace is located.   By the time the Gotha Volkspolizei (the city's People's Police) were alerted to the theft at 07:10 on the 14 December 1979, the perpetrators and the paintings were long gone. 

But the crime scene is a puzzle.

While exploring the grounds of the palace, the park and the nearby surrounds, detectives found one crampon of the estimated 12-13 that were likely put into service to scale the building.  Made of a steel alloy that was only used in the West, questions abounded as to why the culprits would methodically removed all the other supportive devices, each weighing approximately 5 kilos,  which would have made carrying the 5 paintings all that more difficult. Was this left evidence meant to lead investigators astray by making it appear that the culprits who planned the theft were outside the GDR (German Democratic Republic)?  Likewise, the broken pane of glass in the entry window was broken in such a way as to have made it highly improbable that the thieves would have gained entry by reaching through the hole created.  There were also no scrapings from the paintings frames in the immediate area near the window and the crime scene appeared to mimic three earlier attempts to break into the museum in a very similar fashion. 

Whatever the motivation, the one successful Gotha art robbery resulted in the largest art crime investigations in the history of the GDR.  Yet, despite the involvement of more than 100 detective officers as well as interviews with more than 1,000 people who lived and worked near the scene of the crime and the surveillance of individuals with connections to the Friedenstein Palace nothing was resolved.  Speculation abounded regarding whether the Stasi were involved and if the artworks had been transported to West Berlin via a truck from a nearby slaughterhouse.

Despite the seemingly thorough dragnet, and with little else to go on, the paintings were eventually listed in the loss catalog of the Schloss Friedenstein Foundation, and added to German the Lost Art database, the INTERPOL database of stolen works of art as well as the Art Loss Register.  But despite the widespread attention and extensive police investigations, the greatest art theft in the history of the GDR remained unsolved. 

Fast Forward to 2018

First reported on December 6, 2019. The paintings popped back on the world's radar in July 2018 when a broker, purporting to be acting on behalf of a group of anonymous heirs, contacted the German politician Knut Kreuch, Lord Mayor of Gotha, and then chairman of the Foundation Schloss Friedenstein Gotha.  Hoping to arrange a buyback for €5.25 million, the intermediary presented the mayor with an implausible story of the artworks' acquisition by the persons he represented.  Despite this, he piqued the mayor's interest when, during a meeting at city hall, he backed his story up by laying out a series of colored photographs depicting the front and the back of the paintings.  As all of previous images taken of the artworks were in black and white, this was the first genuine "proof of life" that the paintings still existed and might still be grouped together in spite of the decades that had passed since their original theft. 

While his negotiations continued, the Mayor contacted the Ernst von Siemens Art Foundation. In keeping with the will of that foundation's founder, the Ernst von Siemens Art Foundation, serves as a partner to German museums which promotes acquisitions, restorations and exhibitions, as well as with the the return of confiscated works of art to help making them available to the public.   In the past the Ernst von Siemens Art Foundation had facilitated the successful return of a still life painting by Balthasar van der Ast (1628) that the Suermondt Ludwig Museum in Aachen lost in the post-war turmoil and an ivory tankard from the Castle Museum. 

It should be noted that the Ernst von Siemens Art Foundation never purchases pieces directly from thieves, and in negotiating agreements the Holder has to reveal how they have come to be in possession of the artwork. 

At this point, the EvS began working with the mayor and the holders of the paintings towards an agreement in which the "interim owners" would receive a "moderate allowance or a finder's fee," but if, and only if, the art works of art could be authenticated by the German authorities with the understanding that those who possess purchased goods in good faith (i.e. who don't know that it has been stolen) and that can be reclaimed on the basis of a right in rem (e.g. ownership) of a third party, are afforded protection against claims for return after a 30 year time period.  To date, no information was given publicly as to what the sum of that fee might have been,  and whether or not the fee was delivered. 

After nearly two years of negotiations, on 30 September 2019, the paintings were relinquished voluntarily for authenticity  testing at the Rathgen Research Laboratory at the Staatlichen Museen (State Museums) in Berlin in cooperation with the Berlin State Office of Criminal Investigation.  Meanwhile, while prosecution against the original thief or thieves was time-barred, the Berlin public prosecutor's office began to apply alternative pressure.  

The State Criminal Police Office (LKA) in Berlin, in cooperation with the federal state agencies concerned, opened an investigation into two individuals from Heidelberg and Jena, then aged 54 and 46, on suspicion of extortion. Given their ages, the two suspects, if found culpable, would only have been intermediaries after the fact, as they would have been too young at the time of the original crime to have been directly involved in the art theft.  Search warrants were also executed by the police on 5 December 2019 at the offices and apartments of three witnesses and two suspects including a lawyer from southern Germany and the residence of a doctor from East Frisia, perhaps looking for evidence which could demonstrate direct collaboration between the thieves and any subsequent handlers.  

What can be ascertained is that the handlers, who alleged they had the pictures in their possession, could not rely on a simple defense of having acquired the artworks in good faith.  The theft of these paintings, as well as the Friedenstein Palace as their legitimate owner, were too well known.

The paintings will formally go back on public display at the Friedenstein Palace on Friday. 

By: Lynda Albertson