The antiquities department of Bonhams planned to offer a Roman herm for auction on October 2, 2014 (lot 41). The herm was estimated to be sold for £10,000 to £15,000. It seems to be a Roman copy of the Hermes Propylaios set up next to the late 5th century BC monumental gateway, the Propylaia, at the entrance to the Athenian acropolis. The statue was observed there by the second century AD travel-writer Pausanias (I.22.8). The herm is known from a copy found at Pergamon in November 1903 (CS 1904) and now in Istanbul (Boardman 1985: 212, fi g. 189). The inscription on the stela reads in Greek: “You will recognise the fine state statue by Alkamenes, the Hermes before the Gates. Pergamios gave it. Know thyself” (trans. Boardman).

The display of such a statue in this royal city was unsurprising given the deliberate allusions to the city of Athens, and in particular to the Athenian acropolis, by the Attalids in the design. Andrew Stewart has suggested that a second type of herm is represented by an inscribed copy found in the Gymnasium of Vedius at Ephesus (Stewart 2003a; 003b). 

On 2 October 2014, the day of the Bonhams sale, Dr Christos Tsirogiannis was able to identify the Bonhams herm from the photographs and paperwork seized from the Italian dealer Gianfranco Becchina in Basle, Switzerland in May 2002 (Gill 2009, 78-79). The images were found in a fi le relating to Becchina’s associations with a Greek individual by the name of Zenebisis. The envelope containing the images were sent by Georgios Papadakis from Herakleion in Crete; the envelope is franked with the date 29 May 1987. The letter arrived in Basel (and was franked) on 1 June 1987. Someone has written on the envelope the name of Costas Gaitanis. Is Georgios Papadakis a genuine or a cover name? Why should Gaitanis be sending images to Becchina? Did Gaitanis have the herm in Greece? The evidence from the Becchina dossier suggests that the herm was being offered on the market in May 1987. 

Yet there is a problem. The herm offered at Bonhams was given a precise collecting history: “Nicolas Koutoulakis Collection, Geneva, acquired circa 1965, thence by descent”. This placed the herm in the period prior to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. But how could the herm apparently be on the Greek market in 1987, but at the same time have already been acquired by Koutoulakis in 1965 and then passed down as part of his collection by descent?

The purpose of this paper is to define the existence of crime against cultural heritage and determine whether this type of criminality is on the rise around the world. By carrying out guided interviews with experts in this field, the authors wished to define guidelines for the fight against this type of criminality. By studying the available literature, the authors found that crime against cultural heritage is on the rise. Economically and socially less-developed countries, from which most antiquities originate, are most susceptible to this type of criminality. Such countries of origin include particularly the countries of South America and the Middle East, while the Western part of the globe is mainly market-oriented and represents the final destination of smuggled antiquities. This paper also aims to determine the adequacy and appropriateness of legal acts governing the protection of cultural heritage and the fight against this type of criminality. Problems are mainly related to the implementation and enforcement of such legal provisions and related sanctions in practice.

Adam Worth was a career criminal who lived over one hundred years ago, and is best known for his theft of Gainsborough’s portrait of the Duchess of Devonshire. The context in which Worth plied his trade—the era of technology and change—facilitated much of his success. A critical review of his extensive career, including a number of uniquely famous thefts, will be viewed through the lens of four criminological theories: Strain Theory, Differential Association Theory, Rational Choice Theory, and Routine Activity Theory, to not only explain his motivation and behaviour, but also to explore the causality of criminality in general. This critical analysis supports the contention that no one theory of criminology, no matter how broad, can adequately explain such a complicated individual whose criminal career spanned four decades. Rather, an integrated theory of criminology, one that is both flexible and fluid, is essential in order to explain the life of such a multifaceted and unique individual as Adam Worth.

Investigations in the cultural sector are very peculiar and often connected to larger criminal issues. In fact, art crimes are specific in term of legislations, the expedient used to remove or obscure the illegal provenance of a cultural good, and because the persons involved are much the same. Trafficking in cultural goods is also a phenomenon which often involves transnational organized groups, and these sort of offences seems forcing—at least in the most complex cases—a quite new concept of co-management of investigation and prosecution: the so-called prolonged coordination of law enforcements, the only ones able to entirely dismantle a criminal organization.

In 1998 the St Louis Art Museum (SLAM) purchased an Egyptian 19 Dynasty mummy mask from Phoenix Ancient Art for USD$499,000. In December 2005 it was suggested on the internet that the mask had been removed from the archaeological store at Saqqara and this led to an extended legal tussle between the museum and the Egyptian authorities. The acquisition of the mask was explored by Laura E. Young in an unpublished study that includes some of the documentation key to this discussion (Young 2007). The case has also appeared in a wider discussion of archaeological ethics (Gill 2009b, 95). It is appropriate to review the case now as the two parallel legal cases relating to the mask were terminated in 2014.

On 26 March 2014, Hungary announced its purchase of seven pieces of Late Roman silverware, part of the so-called Sevso Treasure (Hungary 2014). The Treasure had been the object of conflicting ownership claims since its existence was first made public in 1990, and until the Hungarian purchase had been considered unsalable because of the suspicious circumstances of its discovery and early trading history. In his 2012 paper entitled “Thinking about the Sevso Treasure”, John Merryman had used the example of the Sevso Treasure to explore some of the issues surrounding the museum acquisition of problematical antiquities, and in light of his discussion made a recommendation for its future disposition (Merryman 2012: 51-66). Although this recommendation has been partly overtaken by events, his discussion of the issues involved is still topical, made more so perhaps by the Hungarian purchase which has effectively sundered the Treasure into two parts, with its balance of seven pieces remaining in the private possession of the Marquess of Northampton – an outcome that Merryman was keen to avoid. This article considers the issue of the Sevso Treasure from a new angle, concluding that the parties really to blame for the unfortunate affair of the Sevso Treasure are the various dealers and their expert advisors who worked together intentionally and unintentionally to transform the archaeological assemblage into a valuable and marketable commodity, and, ironically, in so doing, rendered it unsalable.

Welcome to the new issue of The Journal of Art Crime, and thank you for subscribing. Your subscription supports ARCA in our research and educational endeavors, and we are grateful for it. Lauren Zanedis served as proof-reader in this issue, and I was ably assisted by my fellow editors, Marc Balcells and Christos Tsirogiannis, who are both far more organized than I. 

In this issue you’ll find academic papers on Adam Worth (the Napoleon of Crime), national prosecution of cultural heritage, art crime in Slovenia, the Ka Nefer Nefer mummy mask and the Sevso Treasure. We are also looking forward to ARCA’s next academic publication, an edited collection of essays, half of which were published in the Journal of Art Crime, half of which are new. This collection will be published in late 2015 by the fine academic press, Palgrave, and all profits from it will go directly to support ARCA. We are also planning the next ARCA symposium in London, following the great success of last year’s event at the Victoria & Albert Museum—it will be held next Fall at The Courtauld Institute. And the latest news for the Journal is that we have been invited to join the prestigious HeinOnline catalogue of academic journals, which means that the JAC will be available in thousands of research libraries around the world. Having been courted by several fine publishers, we are pleased to sign on with this one and look forward to the chance for a vastly expanded scholarly readership. 

We hope that you will enjoy these articles. Best wishes and thanks again for your support.

Noah Charney
Founder, ARCA
Editor-in-Chief, The Journal of Art Crime

This Christmas, like every Christmas, millions of televisions will broadcast the exploits of young Kevin McCallister, whom his family forgot in their rush to the airport, to spend the holidays in Paris. “Home Alone” is a Yuletide staple, and I make a point of tuning in every year. But while most will watch “Home Alone” for its heartwarming moments, slapstick comedy and family-as-the-greatest-holiday-gift message, I see in it something else entirely—a master class in low-budget museum security.

I promise, this will all make sense in a moment.

"Also attached is a photo of the suspect, Raul Espinosa, 46, who was arrested in October and charged by the Los Angeles County District Attorney with possession of the stolen paintings. Espinosa's alias is Jorge Alberto Lara. Espinosa, who had been residing in Los Angeles prior to his arrest, is a Mexican national. The joint investigation by the FBI and the LAPD is continuing."

On August 24, 2008, I received a crime report (DR #08-1025695) of a hot prowl residential burglary during which $10 million in fine art was stolen from the home of XXX and XXX (see Attachment B) who were both elderly invalids. The art was taken during the day while they were in their bedrooms during a brief window of opportunity lasting less than an hour during which no caregivers or employees were in the house. Twelve paintings were taken including works by artists such as Marc Chagall, Diego Rivera, Chaim Soutine and others. 

The art remained missing for six years. Then on 9/2/14, I became aware that a man named "Darko" in Europe was trying to find a buyer for the nine stolen paintings listed in the XXX crime alert (see Attachment C). He indicated that he was merely a middleman for an unknown person in possession of the art in California. 

I contacted Special Agent Elizabeth Rivas who works the FBI's Art Crime Team in Los Angeles. An undercover operation was an implemented to recover the stolen art. FBI undercover agents posing as potential buyers set up a meeting at a hotel in West Los Angeles for the purpose of buying the nine stolen paintings valued at over $10 million for $700,000 in cash. 

On 10/23/14, a man identified as Raul Espinoza (aka: Jorge Lara) tried to sell the paintings to the undercover agents and was subsequently arrested and the nine artworks recovered. He is being prosecuted under state charges of 496(a) PC (Receiving Stolen Property) with various special allegations. During the undercover operation, I heard Espinoza offering to sell three additional artworks. He described the paintings, one of which matches the description of an Endre Szasz painting owned by the victims that is still missing. 

Special Agent Rivas told me she interviewed Darko who told her he spoke to the person in possession of the stolen art at least fifty times by cellphone and received cellphone photos of the stolen art in the same manner. During the undercover buy with FBI agents, I viewed and heard the operation taking place through the use of hidden camera in the hotel room and observed Espinoza using his cellphone to call confederates to signal them during the operation. In addition, I believe the original burglary could not have been accomplished without the assistance of inside help from one of the employees who worked for the victims at the time of the crime and I believe this person is known to Espinoza. 

Espinoza's cellphone was seized and booked evidence at the time of his arrest. I request authorization to have his cellphone undergo forensic examination to determine if it contains phone numbers, contacts, photos, emails, text messages, and other information showing his involvement in the crime of receiving stolen property as well as his contacts with Darko and other accomplices in selling, transporting, or storing the art. I believed this information may result in the recovery of three additional paintings in the possession of Espinoza that were stolen from the victims during the burglary in 2008 and may reveal the identity of persons involved in the burglary in 2008 and may reveal the identity of persons involved in the original burglary in 2008.

Attic red-figured krater / Swingler Source: Tsirogiannis (See Looting Matters)

The auction houses, and the members of the international antiquities market in general, always have the opportunity to contact the Italian and Greek authorities directly, before the auctions. These authorities will check, for free, every single object for them. Instead, the members of the market not only are not contacting the authorities, but also complain publicly that they have no access to the archives. As long as the market does not cooperate with the relevant state authorities, those authorities will continue to intervene ex officio.