ARCA's Annual Conference in Amelia

Felch now plans to obtain and post piles of material seized from dealers during police raids and deposited for trials which have yet to be published, and let allcomers mine the data for new clues. "It's all raw, unprocessed data. Researchers can use it, but we also hope the public can use it to find out a bit more about what is on display at their local museum," he said. . . .

 "We will also need a few hundred thousand dollars," added Felch, who is applying for grants, talking to universities and promoting the concept this month at the annual conference in Italy of the Association for Research into Crimes Against Art (ARCA). . . . 

With an estimated 500,000 artefacts looted from Italy to date, one Italian investigator – Paolo Ferri, a magistrate now working at Italy's culture ministry – said any attempt to track them down was welcome. He was cautious about aspects of the crowdsourcing concept, claiming that publishing images or descriptions of looted artefacts could push their collectors to hide them better. "They may also work harder to camouflage the origins of their pieces or even access the archive to manipulate it," Ferri said. "Why not have a password to keep traffickers out?"

1. Tom Kington, WikiLoot aims to use crowdsourcing to track down stolen ancient artefacts, the Guardian, June 6, 2012, http://www.guardian.co.uk/science/2012/jun/06/wikiloot-crowdsourcing-stolen-artifacts.

"The market for works of art and objects that are acquired using illegal methods has much more than a passive effect on conflict and social disorder in situations of stress around the world. Examples of the influence of the market on behavior at the local level will be used to illustrate how looting and theft actively contribute to instability and in some cases disintegration of the community fabric at the local level. Likewise, there are also examples where measures to prevent art crime offer valuable support and potential partnership for the hard work required when the goals are conflict resolution, social order, and stability."

"This paper explores the problem of frauds and fakes in the contemporary Australian Aboriginal art market. For Aboriginal people art plays in particular an important spiritual role in portraying the beliefs and traditions of the ‘dreamtime’- events of the ancient era of creation from which have sprung continuing ceremonies and motifs now perpetuated in modern paintings and other art forms. Art has also become a major source of income for many Aboriginal communities and individuals. Thus when the integrity of that art is challenged by allegations of fraud and fakery it is vital to explore the veracity of these claims and the responses made to them. In the paper particular attention is devoted to those responses made through both the criminal and civil systems of justice in Australia. The conclusion is reached that at present the Australian legal system, and its principal actors such as police and prosecutors, are poorly equipped to deal with problematic works in the Indigenous art market- a situation that is probably not unique to Australia and which will take considerable time and far more imaginative and assertive solutions to remedy."

"While laws and regulations such as the 1970 UNESCO Convention may have some influence in protecting against illicit antiquities trading, they do nothing to protect the archaeological record from what I term “historic forgeries.” Historic forgeries were created before the 20th century and, because they have existed for up to a few hundred years in museums and private collections, have established collecting histories that the average scholar or collector would not question. This study provides a cursory look at the volume of historic forgeries that lie unknown in the corpus of antiquities and the danger they pose to the archaeological record. This study also proposes that the quiet and successful existence of these historic forgeries is due largely to the social context within which they were created and in which their collecting histories were developed. The examination of several verified cases of historic forgeries is utilized to analyze the contemporaneous contexts of the forgeries and the structures of their collecting histories, and to present possible solutions for ferreting out additional cases."

In December 2007, 96 medals were stolen from New Zealand’s National Army Museum. Included were a number of Victoria Crosses, including one of only three Victoria Cross and bar combinations. Conservatively valued at over $5 million, the theft caused national and international outrage. A privately funded, substantial reward was offered for information leading to the medals’ return. In February 2008, after negotiations conducted with the perpetrators through a lawyer, the medals were recovered and substantial reward payments were made. Subsequently, two men were convicted of the thefts, imprisoned, and the reward payments were recovered. Using this crime as a case study, and referring also to other art and heritage crime reward cases, this presentation will traverse the arguments for and against the payment of ransom or reward in art and heritage crime cases, and legal issues relating to the payment of rewards in different jurisdictions will be considered. Psychological research and the experience gained with, and research conducted in relation to, ransom-seeking pirates off the coast of Somalia, will also be examined.

The academic literature in the field of cross-border policing tends to concentrate exclusively on the high-level crimes—drug trafficking, terrorism, and human trafficking—that are so often the focus of transnational police cooperation in criminal investigations. There are, however, many other types of transnational crime, including the often neglected art crime, which may represent the third most profitable criminal enterprise in the world, outranked only by drug and arms trafficking. Drawing on existing literature and interviews with practitioners, this study provides a comparative overview of the policing efforts on art crime in a number of European Union (EU) member states and examines the relevant policy initiatives of the Council of the EU, Europol, and the European Police College. It also addresses existing practices of and obstacles to police cooperation in the field of art crime in the EU. The study reveals that EU police cooperation in this field occurs among a relatively small group of specialists and that—particularly given the general lack of political and public attention—the personal dedication of these specialists is an indispensable driver in this cooperation.

Despite the fact that Australia and the European Union (EU) have different structures of governance, different histories, and different dimensions, both entities face surprisingly similar problems in relation to cross-border police cooperation. Australia is divided in nine different criminal jurisdictions, each policed by its own police force. As each police force is only competent on its own territory, with the exception of the Australian Federal Police (AFP), problems of border crossing, information exchange and joint investigations arise similar to those in the EU. This paper presents an overview of policing strategies in the field of art crime in Australia and compares existing problems in the EU to Australia. The necessity of legal harmonisation is overshadowed in this particular area by the importance of strong police-to-police cooperation, crucial for intelligence sharing – as it happens in the EU – and the lack of strong cooperation in the Australasian region. Possible avenues of advancing existing cooperation strategies in this particular field will be discussed.

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)