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Showing posts with label Aboutaams. Show all posts
Showing posts with label Aboutaams. Show all posts

March 22, 2025

Bellerophon’s Return: Spain recovers a stolen antiquity after years on the ancient art market

A Visigothic silver medallion, dating between the 5th and 7th century CE and depicting the Corinthian hero of Greek mythology Bellerophon on horseback, slaying a Chimera, has been formally returned to Spain, following an international investigation involving Spanish and U.S. authorities.

The artefact, measuring 13.7 centimeters in diameter, was discovered by a local metal detectorist in the municipality of Peraleda de la Mata, in Cáceres, Spain in 2007.  The individual who unearthed the piece initially reported the find to the regional government of Extremadura and even took a photograph of it still freshly covered in dirt.  However, soon after, the individual withdrew the medallion from the market, refused to cooperate with authorities, and its whereabouts became unknown.

What followed was a series of events that eventually resulted in the Spanish Civil Guard’s Central Operational Unit (UCO), U.S. Homeland Security Investigations (HSI) and the New York District Attorney's Office to formally lead to the object's recovery. 

Sometime after its disappearance, according to the New York District Attorney's Office, the medallion surfaced in the possession of the Barcelona-based antiquities dealer Félix Cervera Bea of Galería F. Cervera.   After that, it was smuggled out of Spain and purchased by Geneva's based Phoenix Ancient Art, where it was circulated publicly to international buyers. 

By 2010, the object was published, in a cleaned and restored state, in a Phoenix Ancient Art catalogue which listed the object with the following provenance: 

Ex Spanish Private Collection, collected ca. 1960, 

While vague provenance omitting a Barcelona dealer is not unusual in the art world, the date given for the purported Spanish collection ownership is completely incongruent to the one recorded with the authorities in the Spanish municipality.  Who, or what, if anything, was provided to Hicham and Ali Aboutaam to seemingly justify this false collection pedigree has not been publicly disclosed. 

By at least 2021,  the medallion had also been published to the Phoenix Ancient Art's website, where the dealers in question advertised an asking price of $210,000.   

The provenance on the webpage again did not match the discovery date of this piece in Spain, and instead stated:

Art market, prior to 1960;
Ex-Spanish private collection, collected ca. 1960

By 2022, the medallion had been featured in an academic article written by Cesáreo Pérez González and Eusebio Dohijo.  This article was published in the academic journal Oppidum, and reconfirmed that the unique Visigothic medallion was in the possession of the New York-Swiss ancient art dealers, and again noting that the artefact came from a private collection.  

The publication of this article came to the attention of the Dirección General de Bibliotecas, Archivos y Patrimonio Cultural of Extremadura who in turn alerted the Spanish Civil Guard’s UCO, a specialised division within the Guardia Civil responsible for the investigation and prosecution of the most serious forms of crime and organised crime.  The GC then reached out to US law enforcement.

When questioned as part of this case, Phoenix Ancient Art provided an invoice linking the silver medallion to the Catalan dealer, however, Spanish officials noted that no export permit had ever been requested or obtained for the object then being offered for purchase through the New York gallery.  Under Spanish law, artefacts removed from the country without a valid permit automatically become the property of the Spanish State. 

As a result of the following international investigation, involving the Spanish government, the Federal Bureau of Investigation (FBI), U.S. Homeland Security Investigations (HSI), the New York District Attorney's Office - Manhattan's Antiquities Trafficking Unit, and the Guardia Civil UCO Historical Heritage section, the owners of Phoenix Ancient Art agreed to voluntarily relinquish the artefact, indicating in doing so that they had purchased it as part of an "old collection of Spanish art."

On March 21, 2025, after 18 years, U.S. authorities officially handed over the long lost medallion to their Spanish counterparts, in a ceremony in New York.  On hand were Captain Juan José Águila, head of the Historical Heritage section of the UCO, Colonel Matthew Bogdanos, head of the Antiquities Trafficking Unit of the New York District Attorney’s Office, and Marta de Blas, Consul General of Spain in New York.

The successful repatriation of the Visigothic medallion marks another milestone in the ongoing efforts by Spanish and international authorities to combat the illicit trade of cultural artefacts and to return stolen heritage to its rightful place.  The case also serves as an example of just how long it takes for smuggled artefacts to be identified and that information relayed onward to the right authorities who can work towards restitution.  It also shows how an object's true origins can be obscured by vague provenance statements which give no hints to unweary buyers that the piece they are considering purchasing, may have left its country of origin in contravention of the national law. 

When looted artefacts like this one do resurface—whether in a gallery, auction house, or academic publication—identifying them requires the expertise of scholars, investigators, and cultural heritage officials.  Their recovery is therefore rarely straightforward, and often demands a coordinated effort between law enforcement agencies, government authorities, and vigilant researchers across multiple countries who are often the first to spot an illicitly exported piece in circulation. 

This case also underscores the immense challenge it takes to monitoring countless sales catalogues, websites, and scholarly publications in the search for artefacts that have been illegally removed, especially when their collection history has been falsified along the way. 

NB:  This article has been updated on 25 March 2025 with facts released in the official New York District Attorney's Office - Manhattan press release on this restitution. 

January 11, 2023

Not surprisingly, and despite all of his protestations earlier, Ali Aboutaam has been convicted.


In a hearing that took less than an hour at the Geneva police court, Ali Aboutaam, the owner of the Geneva gallery Phoenix Ancient Art SA has been sentenced by the Swiss authorities.  Following on a complex and multi-year criminal and procedural investigation by officers and analysts with Switzerland's customs and anti-fraud divisions, working with the Geneva Public Prosecutor's Office, the Swiss-based merchant has been found guilty of forgery of titles.  A misdemeanour under Swiss law on the transfer of cultural property, his admissions come with an 18-month suspended prison sentence, three years probation and requiring him to pay procedural costs totalling 450,000 francs or approximately €454,410.

The courts also confirmed the seizure of 42 artefacts, confiscated due to their illicit origin which will be devolved to the Federal Office of Culture.  Several dozen other antiquities will be returned to the countries of origin.

Aboutaam's conviction and sentencing comes in response to a conspiracy which proved that the art dealer, with the help of accomplices, produced false certificates of provenance in relation to ancient art objects in circulation. Aboutaam was also found guilty of having knowingly paid at least one accomplice, who sourced antiquities from illicit excavations in various countries of the Middle East.

A statement extracted from the Swiss indictment read: 
"Ali Aboutaam knew or must have assumed that they had been wrongfully acquired". 

This particular Swiss investigation dates back to 20 December 2016 when around 5:10 p.m., at around 17:10 hours, when arriving from France by car, a Swiss border patrol officer stopped a grey Land Rover vehicle, registration No. GE777994 registered to the company Phoenix Ancient Art SA, rue Verdaine 6 & 1204 Geneva at the Veyrier border checkpoint. The car had been driven by Ali Aboutaam's driver and was transporting then-Germany based antiquities dealer Roben Galel Dib as a passenger. 

The testimony of the two persons revealed that Dib was in possession of an antique oil lamp, which neither the driver, nor the purported owner of the lamp, were able to provide documentation for proving the object’s provenance to the officers’ satisfaction.  Dib told authorities he was coming to Switzerland to "meet a girl" and that he was carrying the lamp with him because he had just had an appointment on this subject in Paris to have it restored. The object was sequestered, and an inspection of the car revealed the presence of 3 receipts for the rental of two storage units at the company Flexbox Self Storage, route du Nant-d'Avril 40 in 1214 Vernier, in the name of a conservator in Chanoy. 

Both the driver and Roben Dib were released after questioning around 2:00 AM the following morning, while on or around that same time surveillance footage of the storage warehouse listed on the receipts found in the car captured Ali Aboutaam’s wife, Biljana Aboutaam, the family's chauffeur and a housekeeper participating “several movements of merchandise".  Predicated on the foregoing, Swiss Customs Administration developed a “strong suspicion” that the warehouse was being used to store illegally imported art and antiquities. 

As is publicly now known, Roben Dib is the business partner of Hamburg-based dealer of Egyptian art Serop Simonian.  Dib was arrested in Hamburg by German police on suspicion of art trafficking in August 2020 and released after only five weeks behind bars.  

Subject to a European Arrest Warrant, Dib was then rearrested in Paris, France on 22 March 2022 after traveling there to discuss charges related to dealing in illegally trafficked Egyptian antiquities with French authorities.  

Both Dib and Simonian have been tied to million dollar illicit antiquities which have made their way (illegally) into the Metropolitan Museum of Art, the Louvre Abu Dhabi, and museum and private collections throughout the world on the basis of false provenance documentation, a subject which has been covered with frequency on this blog.  

In January 2016, a 3rd millennium BCE, alabaster plaque was displayed at the European art fair BRAFA after first passing through Port Franc, the free port of Geneva to Inanna Art Services, a subsidiary of Phoenix Ancient Art.  This artefact, according to a qualified Syrian archaeologist, likely came from the ancient Mesopotamian city of Mari.  This artefact was confiscated following an inspection operation, carried out by the Belgian Federal Public Service Economy (French: SPF Économie, Dutch: FOD Economie) along with a marble table in the context of a suspicion of illicit trafficking in antiquities. 


The plaque was first identified in the Aboutaam's Phoenix Ancient Art 2012 - Crystal IV catalogue, which listed the 39.5 cm 3rd millennium BCE plaque with an image of ritual worship as having a provenance of: 

"Ex Elie Bustros Collection, Beirut, 1950s-1960s"

implying that the artefact may have come from the Beirut dealer Elias (Elie) Bustros, purportedly active from at least the 1930s through by some records the 1980s.   

It should be noted that in addition to its Ottoman Empire laws an antiquities, the Syrian Republic's Antiquities Law, Decree No. 222, was enacted in 1963.  That law vested ownership of all antiquities in the State and prohibited the sale or transfer of antiquities without governmental approval. 

This is not, however, the only incidence where "Ex-Elie Bustros Collection" has been used in connection with an artefact handled by Phoenix Ancient Art.


Provenance:
Elias Bustros, Beruit 1950’s-1983;
By descent, 1983-1986?;
(Gawain McKinley, England, on behalf of Selim Dere and Sleiman Aboutaam, 1986)

Selim Dere is the owner of a New York antiquities gallery, Fortuna Fine Arts where Manhattan authorities executed a seizure warrant in June 2018. Erdal Dere (the son of Aysel Dere and Selim Dere), was indicted in the US indicted in relation to a conspiracy to defraud buyers and brokers in the antiquities market with the use of false provenance documentation. 

The Belgian identifications resulted in a separate four-year investigation overseen by the Belgian federal prosecutor's office into the activities of the Aboutaam brothers, who opened a branch of Phoenix Ancient Art in the city of Brussel's Sablon in 2017.  This branch was subject to police raids in 2019 ordered by Judge Michael Claise. 

By June 2021, a Lebanese intermediary of Phoenix Ancient Art had already been condemned by the Geneva public prosecutor for having imported archaeological objects looted in the Middle East.  This individual was identified as having travelled to Geneva four or five times a year, for four years, to deliver ancient objects to Ali Aboutaam. Arrested in Romania, he was extradited at the request of the Geneva public prosecutor's office.

That same year, in November 2021, Ali Aboutaam was handed a 1.6 million francs fine via Swiss customs, including the costs of the proceedings. The tax authorities came after the dealer in this instance for having imported 37 million francs worth of antiquities into Switzerland between 2010 and 2017 without paying the applicable VAT. 

Which brings us back to the present, the Swiss indictment, accepted by Ali Aboutaam within the framework of a simplified procedure, acknowledges the following, verbatim:

"Ali Aboutaam, in his capacity as administrator of Phoenix Ancient Art SA, has asked art experts, or has asked employees of Phoenix Ancient Art SA to obtain from art experts: produce and/or sign false invoices; and/or produce or cause others to produce documents indicating source that are contrary to reality, sometimes contained directly in invoices; and/or provide untrue source indications for use by others."

In another section of the indictment, Aboutaam agrees that the falsification  of provenance documentation was done to launder the artworks, giving them: 

"a pedigree aimed at dispelling suspicion of illicit provenance and/or to facilitate their customs transfer with a view to their sale on the art market through Phoenix Ancient Art SA, Tanis Antiquities LTB and Inanna Art Services SA, i.e. companies of which Ali Aboutaam has Control."

The mention of Tanis is significant.  It helps conceptualise the range of years where this shell company has been linked to questionable transactions and laundered antiquities.  In 13 December 2003 Hicham Aboutaam, Ali's brother, was arrested in the United States and charged with smuggling the silver ceremonial drinking vessel known as a rhyton into the United States from Iran and falsely claiming that it came from Syria.  That 2003 government complaint identified the gallery’s affiliate office in New York as "the Bloomfield Collection" and informed that the invoice for the artefact, declaring Syria as country of origin was issued by Tanis Antiquities, Ltd.  

Tanis Antiquities, Ltd comes up again very recently in the ongoing important French investigation involving materials sold to the Louvre Abu Dhabi.  As reported by the French newspaper Liberation, French investigators discovered that Jean-François Charnier's sister, Marie-Christine Charnier, had received money from the Aboutaam family via an account opened in a Moroccan bank, paid from the offshore structure controlled by the merchants, again, Tanis Antiquities Ltd., based in Saint Vincent and the Grenadines.  

The legal representative for Tanis Antiquities Ltd is, a Canadian citizen, of Lebanese origin, resident of Geneva, Ali Aboutaam.

I will close this article by mentioning that this is not the first occasion where the Aboutaam family, or Ali personally, has had run ins with legal authorities for their involvement  in the circulation of suspect artefacts originating from varying jurisdictions regarding trafficked objects from the Middle East.  In April 2004 Ali Aboutaam was tried in absentia in an Egyptian court and pronounced guilty and sentenced in absentia to 15 years in prison in a long-running trafficking ring that had smuggled Egyptian artefacts through Switzerland to Western dealers and galleries.  That investigation resulted in the convictions of 25 defendants, including several high-ranking Egyptian police and government officials and nine foreigners. 

March 26, 2019

Court dismisses Hicham Aboutaam complaint against Dow Jones & Company's for Benoit Faucon and Georgi Kantchev's Wall Street Journal article discussing the family's ancient art business



In July 2017 antiquities dealer Hicham Aboutaam sued the Rupert Murdoch-owned Wall Street Journal’s corporate parent Dow Jones & Co., in New York County Supreme Court over an article titled “Prominent Art Family Entangled in ISIS Antiquities-Looting Investigations” which was published in the Wall Street Journal on May 31, 2017 claiming his family's business and reputation had been damaged by the article written by WSJ reporters Benoit Faucon and Georgi Kantchev .  The journalists, who shared a byline on the article, were not named as defendants in the lawsuit.

In the filed 30 page complaint, Hicham Aboutaam as Plaintiff requested unspecified damages based on claims of libel and defamation.

In a ruling before the New York State Supreme Court, New York County, dated March 22, 2019 and filed today, Honorable Robert D. Kalish J.S.C granted the Motion of the Defendant, Dow Jones & Company, dismissing the complaint in its entirety.  The Court ruled that "the thrust of the article was that Plaintiff's family –"one of the most storied families in the international antiquities business"– is being investigated and scrutinized about the selling of looted antiquities and whether the family business is dealing in items looted by ISIS and then sold through dealers like Plaintiff and his brother Ali."  

In making his ruling, Kalish added:

"By no means does this Court's decision seek to undermine the serious consequences that sometimes follow a news organization's decision to publish details of an ongoing investigation by law enforcement.  However, the decision to truthfully report on an ongoing law enforcement investigation is ultimately a question of journalistic judgement.  Unless the reporting on such an investigation is materially false or affirmatively creates false suggestions, it is not for the courts to question an editorial judgement to report on an ongoing investigation." 

As the Court dismissed the plaintiff's causes of action for libel and defamation by implication, the Court did not address the Defendant's, Dow Jones & Co., argument that the Plaintiff failed to plead actual malice with regard to both causes of action.

In an email exchange regarding the Court's decision, Steve Severinghaus, Senior Director of Communications with Dow Jones stated "We are gratified by the court's decision to dismiss Mr. Aboutaam’s lawsuit against Dow Jones."

Suspect antiquities, traceable to ancient art sales through Hicham and Ali Aboutaam's companies have been written about with recurring frequency on the Association's blog.

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

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

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


By Lynda Albertson

January 9, 2018

List of 6 (additional) objects and warrant details on objects seized from Phoenix Ancient Art by New York State District Attorney's Office

Copy of search warrant executed at Phoenix Ancient Art in New York can be viewed here.

On Friday, January 5, 2018, Manhattan district attorney, Cyrus R. Vance Jr., and assistant district attorney Matthew Bogdanos also initiated seizures at Phoenix Ancient Art, New York, in connection with an investigation into the purchase of illicitly trafficked antiquities.

The second-generation family business Phoenix Ancient Art has galleries in New York and Geneva. The business was founded by Sleiman Aboutaam in 1968 and is now operated by his sons, Hicham and Ali Aboutaam.  The Aboutaam name comes up frequently on ARCA's blog. 

The search warrants executed at 47 East 66th street resulted in the seizure of the following objects:


A) Rhodian Seated Monkey with missing arms (the “Seated Monkey”)
Period: dating to 580-550 BCE
Measurement: 5.25 inches tall
Valued at: $150,000


B) Attic Female Head Flask (the Female Head Flask”)
Period: dating to 500-490 BCE
Measurement: 5.5 inches tall by 2 inches wide.
Valued at: $80,000


C) Ionian figural vessel representing a Siren (the”Siren Vessel”)
Period: dating to 500-525 BCE
Measurement: 4 inches tall by 4.5 inches wide.
Valued at: $35,000


D) Teano Ware figural representing a Dove (the “Dove”).
Period: dating to 330-300 BCE
Measurement: 4.5 inches tall by 2.5 inches wide.
Valued at: $25,000


E) Corinthian figural representing a Ram (the “Ram”) painted with black dots.
Period: dating to the 6th century BCE
Measurement: 2 1/8 inches tall by 3 1/8 inches wide
Valued at: $20,000


F) Corinthian figural representing a Sea-Serpent with a human torso and head of a man (the “Sea-Serpent”) painted with black dots.
Period: dating to the 6th century BCE
Measurement: 4.5 inches tall by 1.75 inches wide
Valued at: $140,000

In addition to the antiquities, as with the seizures which were executed at Michael Steinhardt's residence and office, the DA's seizure warrant called for the seizure of:

any and all documentation or other evidence related to the appraisal, consignment, sale, possession, transportation, shipping, provenance, importation, exportation, restoration, marketing, or insurance of the listed antiquities, including but not limited to appraisals, insurance policies, agreements, leases, contracts, emails, letters, invoices, receipts, documents, handwritten notes, internal memoranda, photographs, recordings, financial records, address books, date books, calendars, and personal papers;

found in the premises and that constitutes evidence, and tends to demonstrate that the crime of Criminal Possession of Stolen Property in the Second Degree was committed.

List of 10 objects and warrant details on objects seized from Manhattan billionaire Michael Steinhardt's home and offices by New York State District Attorney's Office

Copy of search warrant executed at the office of Michael Steinhardt can be viewed here.

Copy of search warrant executed at the New York apartment of Michael Steinhardt can be viewed here.

On Friday, January 5, 2018, in the early morning 6:00 am chill of New York, Manhattan district attorney, Cyrus R. Vance Jr., and assistant district attorney Matthew Bogdanos initiated seizures at the office and New York City residence of Michael Steinhardt in connection with an investigation into the purchase of illicitly trafficked antiquities. 

After a series of high-profile raids involving antiquities dealers and ancient art collections owned by private collectors, some of which have been displayed at the Metropolitan Museum of Art, the Manhattan District Attorney's office has shown their resolve in concentrating on deterring the trade in illegal antiquities.  

According to the TEFAF Art Market Report 2017, compiled each year by Dublin-based research and consulting firm Arts Economics, the U.S. represents 29.5% percent of the world’s art market.   Classical antiquities, such as those seized in this month's raids, represent a smaller portion of that figure.

Their Manhattan DA's work, and the collaboration of multiple, mostly unpaid advising research scholars, has resulted in significant repatriations to countries where predation is a problem, including most recently a 4th century B.C.E marble torso, a 6th century BC statue of a Calf Bearer and a Marble head of a bull stolen during the 1970s from Lebanon during the that country's Civil War.

In total since 2012, the Manhattan DA's office has recovered several thousand trafficked antiquities collectively valued at more than $150 million.

The search warrants executed at Michael Steinhardt's home and office resulted in the seizure of the following objects:


A) Greek Attic Monumental White-Ground Lekythos (the “White-Ground Lekythos”), used to pour ritual oils at funeral ceremonies.  Vessel attributed to the Triglyph Painter and depicts funerary related iconography featuring a woman and a youth.  
Period: approximately 420 BCE.  
Measurement: 18 inches tall by 4.5 inches wide.  
Purchased for $380,000 in 2006. 


B) Apulian Rhyton for libations (the “Apulian African Head Flask”) in the shape of the head of an African.  
Period: dating to the 4th century BCE 
Measurement: 7.5 inches tall by 3 inches at base.  
Purchased for $130,000 in 2009. 


C) Italo - Corinthian pottery figural representing a duck with its head turned upwards (the “Italo-Corinthian Duck”). This style of Greek perfume holder flourished at Corinth during the Oriental period 
Period: dating to the 6th century BCE 
Measurement: 4 inches tall by 5.5 inches long by 2.5 wide. 
Purchased for $25,000 in 2011. 


D) Ionian sculpture figural representing a ram’s head (the “Ionian Ram’s Head”).
Period: dating to the 6th century BCE 
Measurement: 2.5 inches tall by 4.7 wide. 
Purchased for $70,000 in 2009. 


E) Attic Aryballos in the form of a Head of an African (the “Attic African Head Aryballos”).
Period: dating to the 5th century BCE 
Measurement: 4 inches tall.
Purchased for $150,000 on or about December 17, 2009.


F) Corinthian terracotta figural vessel representing a lion (the “Corinthian Lion Vessel”). This style of Greek perfume holder flourished at Corinth during the Oriental period 
Period: dating to 600-550 BCE
Measurement: 3.5 wide. 
Purchased for $25,000 on or about November 9, 2011.


G) Proto - Corinthian pottery figural representing an owl (the “Proto-Corinthian Owl”). This style of Greek perfume holder flourished at Corinth during the Oriental period 
Period: dating to 650-625 BCE
Measurement: 2 inches tall by 2.2 wide. 
Purchased for $120,000 on or about October 14, 2009.


H) Proto - Corinthian pottery figural representing a duck with its head turned backwards (the “Proto-Corinthian Duck”). This style of Greek perfume holder flourished at Corinth during the Oriental period 
Period: dating to 650-625 BCE
Measurement: 2 inches tall by 2.7 wide. 
Purchased for $130,000 on or about October 14, 2009.


I) Corinthian Bull’s Head (the “Corinthian Bull’s Head”). 
Period: dating to 580 BCE
Measurement: 2.2 inches tall by 2.8 wide. 
Purchased for $60,000 on or about October 14, 2009.


j) Bronze Handles (the “Bronze Handles”). 
Period: unknown
Measurement: 6.3 inches tall by 9.4 wide. 
Purchased for $40,000 in 1996.

In addition to the antiquities the DA's seizure warrant called for the seizure of:

any and all computers, as defined by Penal Law  § 156.00(1) or electronic storage devises capable of storing any of the above described property as well as their components and accessories, including, but not limited to, cords, monitors, keyboards, software, programs, disks, zip drives, flash drives, thumb drives, and/or hard drives;

any and all books, manuals, guides, or other documents containing Information about the operation and ownership of a computer, cellular telephone, camera, video recorder, video game console or other electronic storage device present in the target location, including, but not limited to, computer cellular telephone and software user manual;

any and all documentation or other evidence related to the appraisal, consignment, sale, possession, transportation, shipping, provenance, importation, exportation, restoration, marketing, or insurance of the listed antiquities, including but not limited to appraisals, insurance policies, agreements, leases, contracts, emails, letters, invoices, receipts, documents, handwritten notes, internal memoranda, photographs, recordings, financial records, address books, date books, calendars, personal papers, video footage, and stored electronic communications or data, whether recorded in physical documents are stored digitally as information and images contained in computer disks, DC or DVD ROMs, USB drives and hard drives that may be found at the target premises;

any and all documentation and non-privileged communication which tend to establish Michael Steinhardt’s intent to commit the crime of Criminal Possession of Stolen Property in the First Degree per which tend to establish his state of mind prior to and during the commission of said crime;

any and all documentation and non-privileged communication which tend to establish (directly or indirectly) Michael Steinhardt’s knowledge that Steinhardt has committed the crime of Criminal Possession of Stolen Property in the First Degree namely the possession of stolen or illicitly trafficked antiquities;

any and all documentation and non-privileged communication which tend to establish that Michael Steinhardt is a person in the business of buying, selling, or otherwise dealing in property, specifically art and antiquities;

any and all documentation or non-privileged communications indicative of or pertaining to inquiries made by Michael Steinhardt, or the lack thereof, that the persons are entities from whom he obtained any art or antiquities had the legal right to possess said items;

any and all documentation and non-privileged communication which contain any references to he purchase, and/or sale, and/or possession of looted, stolen, or illegally trafficked antiquities;

any and all documentation tending to identify, and/or connect Michael Steinhardt with accomplices, co-conspirators, possible accomplices and/or witnesses to the crime of Criminal Possession of Stolen Property in the First Degree;

The aforementioned white collar crimes or theft offenses mentioned in the New York search warrant are described below: 

Criminal Possession of Stolen Property in First Degree – NY Panel Law 165.54

A person is found guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the value of the stolen property exceeds $1,000,000.

Criminal Possession of Stolen Property in Second Degree – NY Penal Law 165.52

A person is found guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the value of the stolen property exceeds $50,000.

There are four legal presumptions associated with New York Penal Law 165.55, the following is the most likely relevant one in this case:


  1. A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. This presumption is often referred to as recent exclusive possession.” There has been a tremendous body of case law addressing this presumption which argues for the position that if an accused has had the exclusive possession of stolen property after a theft crime has been perpetrated and there is evidence or circumstances which show an inability to explain where the property came from, a negative inference may in fact be drawn. That inference being that there is a strong likelihood that the accused knew that the property he or she possessed was stolen.
By:  Lynda Albertson

January 7, 2018

More on the Manhattan billionaire Michael Steinhardt's whose private collection now faces further seizures


As mentioned previously in ARCA blog posts, Michael Steinhardt has a longstanding record of making astute financial decisions, many of which have led to stellar investment performance earnings totalling in the millions on Wall Street.  Unfortunately his culture capital record for making prudent, informed decisions when purchasing antiquities for his $200 million private art collection continues to raise eyebrows, and in Friday's case secure New York seizure warrants. 

As once-master of the hedge fund universe, Steinhardt has the liquidity to be choosy about his art purchases. With a current net worth estimated at $1.05 billion, according to a 2017 article in Forbes Magazine, as well as almost thirty years of collecting experience, he should be aware of the ethics of acquisition and the problems of acquiring objects through questionable dealers or with insufficient or dubious provenance.

Steinhardt is a member of Christie’s advisory board.  He also has a Greek Art of the Sixth Century B.C. gallery named after him at the Metropolitan Museum of Art in New York. All this to say that he should be sufficiently well informed about the ethical obligations of responsibly acquiring, managing and disposing of items in his burgeoning art collection.   When not sufficiently informed, his position of affluence and philanthropic influence affords him the ability to reach out to knowledgable art world connections, who could advise him of the regulatory structures in place and the moral economy of purchasing and collecting illicit antiquities should he have any doubts.

On Friday, January 5, 2018, Manhattan district attorney, Cyrus R. Vance Jr., and assistant district attorney Matthew Bogdanos again initiated custody of ten antiquities, prosecutors state were looted from the countries of Greece and Italy.

Purchased in the last twelve years, the ten objects seized in last week's raid are listed as:

A) Greek Attic Monumental White-Ground Lekythos (the “White-Ground Lekythos”), used to pour ritual oils at funeral ceremonies.  Vessel attributed to the Triglyph Painter and depicts funerary related iconography featuring a woman and a youth.
Period: approximately 420 BCE.
Measurement: 18 inches tall by 4.5 inches wide.
Purchased for $380,000 in 2006.

B) Apulian Rhyton for libations (the “Apulian African Head Flask”) in the shape of the head of an African.
Period: dating to the 4th century BCE
Measurement: 7.5 inches tall by 3 inches at base.
Purchased for $130,000 in 2009.

C) Italo - Corinthian pottery figural representing a duck with its head turned upwards (the “Italo-Corinthian Duck”). This style of Greek perfume holder flourished at Corinth during the Oriental period
Period: dating to the 6th century BCE
Measurement: 4 inches tall by 5.5 inches long by 2.5 wide.
Purchased for $25,000 in 2011.

D) Ionian sculpture figural representing a ram’s head (the “Ionian Ram’s Head”).
Period: dating to the 6th century BCE
Measurement: 2.5 inches tall by 4.7 wide.
Purchased for $70,000 in 2009.

E) Attic Aryballos in the form of a Head of an African (the “Attic African Head Aryballos”).
Period: dating to the 5th century BCE
Measurement: 4 inches tall.
Purchased for $150,000 on or about December 17, 2009.

F) Corinthian terracotta figural vessel representing a lion (the “Corinthian Lion Vessel”). This style of Greek perfume holder flourished at Corinth during the Oriental period
Period: dating to 600-550 BCE
Measurement: 3.5 wide.
Purchased for $25,000 on or about November 9, 2011.

G) Proto - Corinthian pottery figural representing an owl (the “Proto-Corinthian Owl”). This style of Greek perfume holder flourished at Corinth during the Oriental period
Period: dating to 650-625 BCE
Measurement: 2 inches tall by 2.2 wide.
Purchased for $120,000 on or about October 14, 2009.

H) Proto - Corinthian pottery figural representing a duck with its head turned backwards (the “Proto-Corinthian Duck”). This style of Greek perfume holder flourished at Corinth during the Oriental period
Period: dating to 650-625 BCE
Measurement: 2 inches tall by 2.7 wide.
Purchased for $130,000 on or about October 14, 2009.

I) Corinthian BUll’s Head (the “Corinthian Bull’s Head”).
Period: dating to 580 BCE
Measurement: 2.2 inches tall by 2.8 wide.
Purchased for $60,000 on or about October 14, 2009.

j) Bronze Handles (the “Bronze Handles”).
Period: unknown
Measurement: 3.6 inches tall by 9.4 wide.
Purchased for $40,000 in 1996.

Some of Steinhardt's previous risky antiquities gambles:  


2017
Sidon Marble Head of a Bull (ca 500-460 BCE) 
and 
a 6th century marble torso of a calf bearer

Marble Head of a Bull (ca 500-460 BCE) and
a 6th century BCE marble torso of a calf bearer.

Just last month the US repatriated two Eshamun Sculptures seized from Steinhardt's private collection.  Both pieces found their way onto the international antiquities black market after being stolen during Lebanon's tumultuous civil war.  Before their theft, both antiquities had been excavated at the Temple of Eshmun in 1967 near Sidon in southwestern Lebanon.

In the summer of 2017 Manhattan prosecutors seized the 2,300-year-old marble bull's head while it was on loan from Steinhardt to the Metropolitan Museum of Art.  Prosecutors and forensic art crime analysts also tied the bull's head to a second Steinhardt purchase, also through Lynda and William Beierwaltes.

The Beierwaltes sold the Sidon Bull's head and the Lamb Carrier torso to Michael Steinhardt in 2010 who later of whom loaned the bull's head antiquity to the Metropolitan Museum of Art.  After learning that the marble head was subject to seizure, Steinhardt asked the Beierwaltes to retake possession of the object and compensate him for his purchase.

The Beierwaltes in turn relinquished all ownership claims when the illicit provenance of the objects was solidly made clear.

NOTE: The Beierwaltes were long-term clients of Robin Symes and Christos Michaelides at the time of these purchases.

2017
An Anatolian marble female idol of Kiliya type, AKA The Guennol Stargazer

Screenshot from “The Exceptional Sale,” April 2017
Image Credit: Christie’s New York

On April 29, 2017 at the behest of a request by the Turkish authorities and following the interim judgement of the United States District Court, Christie's applied precautionary measures regarding the sale of the 9-inch, 5,000-year-old a rare 3rd millennium BCE idol, likely looted from the Akhisar district of Manisa province in Anatolia.  Turkey's Culture Minister Nabi Avcı told the press at that time that the auction house will abide by the Court's recommendation for a temporary hold on the antiquity while an investigation into the object’s provenance is conducted.

During that time period, the purchaser’s hammer price + buyer's premium bid of $14,471,500 USD was confirmed but not collected.  As a result of the object being contested, the would-be buyer bowed out from the purchase, shortly after the case began being discussed in the international press. 

According to documents, Michael Steinhardt had purchased the Stargazer from Merrin Gallery in August 1993 for under $2 million.  Had the sale not been halted, Steinhardt would have pocketed $12.7 million for the 5,000 year-old Guennol Stargazer, twice the object's pre-sale estimate.

Christie's and Steinhardt issued a motion to quash Turkey's lawsuit.  While the case has not been resolved,  ultimately Turkey's fight for repatriation may hinge on two critical points: whether the country can conclusively show that the piece in question was discovered in Turkey, and whether the nation laid claim to the artifact in a timely fashion, given the length of time Steinhardt had the object in his collection.

2014
A Sardinian Marble Female Idol of the Ozieri Culture


November 21, 2014 Christos Tsirogiannis identified a $1 million Sardinian marble female idol dating from 2500-2000 B.C.E. scheduled for auction as Lot 85 at Christie's on December 11, 2014 as having been matched with an image he found in the archive of convicted Italian antiquities dealer Giacomo Medici.

Before arriving in the collection of Michael and Judy Steinhardt, the Turriga Mother Goddess figure had previously made its way through Harmon Fine Arts and The Merrin Gallery, both of New York.  Once part of the collection of pet food giant Leonard Norman Stern, the object was once displayed, but not photographed, in a "Masterpieces of Cycladic Art from Private Collections, Museums and the Merrin Gallery" event in 1990 where both Steinhardt and Stern were present. 

On November 27, 2014 the contested object was pulled from the Christie's auction.  Its current status has not be made public.

2011
United States v. One Triangular Fresco Fragment


April 20, 2011 an incoming parcel was detained in Newark, New Jersey by US Customs and Border Protection authorities.  Inside the package, shipped via the Swiss firm Via Mat Artcare AG, was a fresco fragment which appeared to be a cusp or pediment of an ancient painted tomb from the Necropolis of Andriuolo at Paestum. The shipper was listed as Andrew Baker of Vadus, Lichtenstein.   The consignee was Michael Steinhardt.

Despite the object's obvious Italian origin, the shipment had a customs declaration form which falsified the object's country of origin as Macedonia. The fragment was forfeited to the U.S. government and repatriated to Italy on February 24, 2015.

2007 
(Il)licit Excavations of Maresha Subterranean Complex 57: 
The ‘Heliodorus’ Cave




In early 2007 Michael Steinhardt acquired the so-called Heliodorus Stele from Gil Chaya, an antiquities dealers in Jerusalem, who reportedly is a nephew of the late Shlomo Moussaieff.  Moussaieff once owned one of the largest collections of biblical antiquities in the world, many of which have no verifiable provenance.  After the purchase, Steinhardt and his wife presented the stele to the Israel Museum in Jerusalem as an extended loan. 

The stele contains a magnificent 2nd century BCE Greek inscription which documents a correspondence between the Seleucid king, Seleucus IV (brother of Antiochus IV) to an aide named Heliodorus. Unsurprisingly though, the bottom portion of the stele was missing, leaving a gap in scholarship as well as a tell-tale clue that the stele had likely been looted shortly after its extraction, since its base was missing.  Earlier, during 2005 and 2006 excavations at the Maresha Subterranean Complex 57 at Beit Guvrin National Park three fragments were uncovered that were subsequently identified as matching the bottom edge of Steinhardt's stele.  

These fragments were discovered in a subterranean complex by participants in the Archaeological Seminars Institute "Dig for a Day" program.  The correlation of the fragments' epigraphy and testing of their stone and soil samples from the find site proved conclusively that the fragments were a match completing missing pieces of the stele. 

It was later determined that the stele had been stolen during a robbery at the Beit Guvrin National Park in 2005.  Tel Maresha's head archaeologist, Dr. Ian Stern verified that he remembered arriving on the site on a Sunday morning in 2005 only to find that the cave where the fragments were found, had been “turned upside down,” apparently by looters searching for ancient objects to be sold on the black market.

1995
A fourth century BCE gold phiale


November 9, 1995, U.S. Customs agents seized a $1.2 million fourth century BCE gold phiale used for pouring libations from Steinhardt's Fifth Avenue residence on Manhattan's Upper East Side.  The financier appealed the lower court's ruling, only to have the decision of forfeiture affirmed by the Second Circuit Court of Appeals.  Despite clear proof that the object was smuggled out of southern Italy, Steinhardt petitioned the lower court's ruling all the way to the United States Supreme Court, in the hopes of retaining the object for his collection. 

The high court found no compelling reason to rehear Steinhardt's case, basing their decision on the basis that the importer had intentionally undervalued the object's worth, transited the object illegally from Sicily to Switzerland, and provided false statements misrepresenting the phiale's country of origin on the object's import documentation. 

The two antiquities dealers involved in the purchase, Robert Haber and William Veres, were each given suspended sentences of one year and ten months imprisonment.  The extent of Steinhardt's culpability though was left vague in the final court filings.  Yet Steinhardt's experience as an art collector and specifically his experience with Haber, with whom he had already purchased some $4-6 million in art objects, raises considerable doubts that his error in purchase could be chalked up to naïveté.  

The fact that the bill of sale from Haber to Steinhardt even stipulated that"if the object is confiscated or impounded by customs agents or a claim is made by any country or governmental agency whatsoever, full compensation will be made immediately to the purchaser" gives the impression that both the collector and his dealer were each fully aware of the potentiality for illegality in the market, possibly with this object specifically.

Each of the aforementioned examples outlined above highlight questionable pedigrees in relation to previous high risk acquisitions made by Steinhardt in relation to his antiquities collection.  Several purchases in fact, overlap with antiquities dealers and middlemen with well known histories of dealing in illicit antiquities.  Each of these purchases demonstrate how little, if any, due diligence was conducted in providing a reasonable assurance that the objects being acquired were not, within the legal statutes of the time, illegally exported from their country of origin.



October 13, 2017

Seizure - archaic marble torso of a calf bearer from the collection of Michael Steinhardt

In further identifications connected to the recent seizure and pending repatriation of a Lebanese marble bull's head, Assistant District Attorney Matthew Bogdanos through the New York authorities has issued another warrant on October 10, 2017 requesting the seizure of a second antiquity also believed to have been plundered from Lebanon during its civil war.

This object, an archaic marble torso of a calf bearer, was also acquired by William and Lynda Beierwaltes and then sold to New York collector Michael H. Steinhardt, in 2015. 

Steinhardt's collecting has come under scrutiny in the past.

The seizure warrant states that the described property constitutes evidence, and tends to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  

Criminal Possession of Stolen Property in Second Degree – NY Penal Law 165.52

A person is found guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

Criminal possession of stolen property in the second degree is a class C non violent felony in New York.  

The warrant document further authorises law enforcement personnel to videotape and photograph the interior of Michael H. Steinhardt's 5th avenue apartment as well as grants them permission to review stored electronic communications, data, information, and images contained in computer disks, CD Roms, and hard drives. 

A copies of the public domain record filed with New York County on this case can be found in the case review files on ARCA's website here