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Showing posts with label Germany. Show all posts
Showing posts with label Germany. Show all posts

November 24, 2014

Gurlitt Art Collection and the Kunstmuseum Bern: Acceptance of Bequest comes with agreement to conduct provenance research

The press conference in Berlin today generated a great deal of media interest as to if and how the Kunstmuseum in Bern would accept the bequest of Cornelius Gurlitt -- a long-hidden collection of artwork mired in accusations of Nazi-looting.  The collection consists of around 1,300 works of art on canvas and paper including paintings and sketches by Chagall, Picasso, and Claude Monet.  The bulk of the cache was discovered in Gurlitt’s Munich apartment following a routine tax investigation.

Image credit: Hannibal Hanschke
Christoph Schäublin, the director and president of the Kunstmuseum Bern's board of trustees, said that after extensive deliberation Germany, Bavaria and the Kunstmuseum Bern had reached a formal written agreement viewable in German here to formally accept the Gurlitt collection.  Schäublin emphasized that artworks directly looted from Jewish owners during the Nazi era would not enter into the collection of the Kunstmuseum Bern and would be returned to their rightful heirs.  Works suspected of having been stolen, with no claimants currently identified would remain in Germany for the immediate future to allow for further investigation by the special task already established, with an emphasis on determining the provenance of each of the pieces.  An update on the status of the task force's research is expected sometime in 2015.

Melissa Eddy reporting from Berlin for The New York Times writes in "Kunstmuseum Bern Obtains Trove from Gurlitt Collection" that Schäublin described that a 'privately funded team of experts [would] comb the history of each piece before it came into the museum's possession' .... and that a public list would be made available soon.

German Culture Minister Monika Gruetters stated that she believed that the signing of the accord by all parties represented "a milestone in coming to terms with our history" referring to Germany’s responsibilities for losses under the Nazi regime.

Cornelius Gurlitt's 86-year-old cousin Uta Werner, applied Friday to the Munich Probate Court for a certificate of inheritance in connection with her deceased cousin's estate. Speaking tothe press on Friday through legal counsel she indicated they would be contesting Gurlitt’s fitness of mind at the time he wrote the will naming the Bern museum as his sole heir meaning any resolution in this restitution case could prove lengthy. 

Gurlitt Art Collection: Kunstmuseum Bern accepts bequest from Cornelius Gurlitt

The Kunstmuseum Bern announced today in Berlin that it will accept the art collection from Cornelius Gurlitt. Lynda Albertson, ARCA's CEO, live tweeted (Ergo Sum @sauterne) during the conference: 
The Kunstmuseum Bern accepts the Gurlitt collection. This was decided by the Board of Trustees of the Art Museum.... Regarding the Gurlitt collection Schäublin says their own research centre at the Kunstmuseum Bern must be considered....  Schäublin on Gurlitt Collection: "On the threshold of the art museum is not stolen art".... Kunstmuseum pledges to fully investigate artwork restitution claims fully.... Central point of the agreement to accept Gurlitt's art collection.... Works of art looted or suspicious do not tread Swiss soil.... Berlin, Munich and Kunstmuseum Bern have signed an agreement on the management of Gurlitt's estate.... Schäublin agreement in accepting Gurlitt collection: Objects with suspicion of being Nazi-looted art will initially remain in Germany....  Bavarian Minister of Justice on the joint Gurlitt accord: "The agreement with the Kunstmuseum Bern is an important step in German history."...  Gurlitt case: The German Minister of Justice says Switzerland is the "right place" for the disputed collection....  Gurlitt press release concludes. Many questions being raised by attendees on state of task force investigation and limbo nazi loot objects.
Here are also two Swiss news outlets that covered the conference (held in German):

http://www.srf.ch/news/panorama/live-aus-berlin-kunstmuseum-bern-nimmt-gurlitt-erbe-an

http://www.swissinfo.ch/eng/bern-museum-accepts-controversial-art-hoard/41129776

The artworks will remain in Germany while provenance experts study the collecting history of the paintings suspected to have been looted during the Nazi-era.

Here's the latest news from BBC on the Gurlitt art collection and the conference.

Here's a chronology from the German-English news source DW.

Here's a link to the Kunstmuseum's media release (in German).




Gurlitt Art Collection: An Interview with Art Recovery's Christopher Marinello on the eve of the Kunstmuseum's announcement on acceptance or rejection of the bequest by Cornelius Gurlitt

Christopher Marinello, founder of Art Recovery
by Catherine Schofield Sezgin, 
 ARCA Blog Editor-in-Chief

Sunday I spoke to Christopher Marinello -- who has presented on several occasions at ARCA's annual art crime conference -- and who is the founder of Art Recovery International.  I interviewed him on the eve of the anticipated decision of whether or not the Kunstmuseum in Bern will accept the art collection bequethed to them by Cornelius Gurlitt. The federal government of Germany, the Bavarian Ministry of Culture, and the Kunstmuseum are scheduled to hold a joint press conference on Monday, November 24, 2014 at 11:00 am CET in Berlin regarding the further handling of Cornelius Gurlitt estate.  Marinello represents the Rosenberg heirs seeking restitution of a Matisse painting from the collection of Cornelius Gurlitt, an action suspended when Gurlitt died and bequeathed the art in his possession to a Swiss museum.

Q: Monday morning the Kunstmuseum Bern will announce their decision to accept or reject the controversial Gurlitt collection. What do you think are some of the main issues they have had to consider and what will they try to address at the conference?

CM: I’m certain the Museum Board has considered the possible legal issues they may be facing as well as the cost involved in researching the group of paintings. Not to mention the publicity and potential reputational damage in being known as the Museum that houses the Gurlitt hoard.

Q: What is the position of your clients, the Rosenberg heirs, who have proved that Matisse was looted by the Nazis and yet are still waiting for the painting to be restituted?

CM: We are patiently waiting for the Museum to accept the Gurlitt bequest and honour their pledge to restitute any and all works deemed to have been looted by the Nazis.

Q: Could you speculate for a moment on why Cornelius Gurlitt picked the Bern museum? Did he have a relationship with them or was he just looking for an institution outside of Germany?

CM: There has been a lot of speculation on Gurlitt’s motives but it is clear, in my view, that he was looking to punish the German State for the treatment he received after his “collection” was seized.

Q: When Gurlitt was disposing of the art -- whom did he trust and do you anticipate further revelations about the collection?

CM: There will be a lot more revealed in the future on this topic. I don’t wish to comment further, if you don’t mind.

Q: What is the Gurlitt family's position regarding the collection -- is there a chance they can succeed in getting a part of the collection?

CM: The Gurlitt family has pledged privately to me, and publicly, to return the looted works to their rightful owners.

Q: How long of a process has this been for your clients and has it been caution that has slowed the restitution process?

CM: My clients have been waiting almost 75 years for the return of this picture and others. It has been over two years since this hoard was discovered by German authorities. I would say that this is a textbook example of how not to handle Nazi restitution cases. Caution or inane bureaucracy?

Q: Does the museum board have the authority to make binding restitution decisions once they take possession of the collection?

CM: Yes.

Q: What role do you anticipate that the Bavarian task force will have, if any, once the Gurlitt collection is accepted by the Bern museum?

CM: They may offer their assistance to the Kunstmuseum. We should hear more about this tomorrow.

Q: What kind of burden is placed on museums today in regard to Nazi-looted art in their collections?

CM: The Washington Principles and the ICOM code of ethics made it pretty clear what is expected of museums today. Review your collections. Conduct proper provenance research. Transparency has never been more important.

Q: What kind of assistance is available to museums regarding provenance research through organizations such as Art Recovery International or the Looted Art Commission?

CM: We offer our services at no cost to cultural institutions that are in need of assistance. Other organisations offer this type of service as well. Help is often available, all they need to do is ask.

Q: Is there a standard report accepted by ICOM to help clarify what is due diligence or satisfactory provenance on artworks in museums?

CM: There are standards set by ICOM and other organisations that museums can follow.

Q: As a lawyer and an art recovery specialist, what would you propose to expedite restitution?

CM: Generally speaking? The opening of archives, more transparency from museums in publishing their collections and their provenance, and more due diligence from every aspect of the art market. Genuine due diligence, not “optical” due diligence.

Q: What have been the lessons learned in the last year in regards to questions of Nazi-looted art in collections such as Gurlitt?

CM: 75 years later we are still facing the issue of Nazi looted art. Largely because the problem was never properly dealt with. Today, banking has become more regulated, the real estate industry is more transparent, yet the art world remains this one big secret. I have no doubt that there are more Cornelius Gurlitts out there. Public and Private collections must be more transparent and due diligence should be an absolute requirement as opposed to a 'best practice' suggestion for the well informed.

July 4, 2014

Friday, July 04, 2014 - ,, No comments

Criminal complaint in Germany alleges art advisor defrauded client

Julia Michalska reported July 2 for The Art Newspaper "Fraud investigation into German art advisor widens" that a 24-page criminal complaint alleges that Helge Achenbach 'defrauding the late Aldi-supermarket heir [and Trader Joe's] and art collector Berthold Albrecht of €18m'.

Lisa Contag for ArtInfo reported in "German Art Consultant Helge Achenbach Arrested Due to Fraud Allegations" on June 24th that Achenbach's arrest followed allegations by the state attorney of the city of Eissen for 'overpricing art and vintage cars he purchased for collectors':
German newspapers Bild and Die Welt have reported that fraud allegations were made by the heirs of Berthold Albrecht, one of the founders of the German discount supermarket chain Aldi, who was one of Achenbach’s most important clients until his death in 2012.

April 24, 2014

Gurlitt Art Collection: Opinion: "What to do with the Munich Art Trove?"

by Judge Arthur Tompkins

The missteps by the German federal and state authorities continue, as they try but so far fail properly to deal with the many art works known variously as the Munich Art Trove, the Schwabing Art Trove, or the Gurlitt Art hoard (“Modern Art as Nazi Plunder”, The New York Times, April 14; “Gurlitt art confiscation ends”, The Art Newspaper, April 9, 2014). 

To recap: In March 2012 Bavarian tax authorities stumble on over 1400 works of art in a nondescript Munich flat, owned by Cornelius Gurlitt, the reclusive son of Hildebrand Gurlitt, a Nazi-era German art dealer. They sit on the news for a year and a half until, in November 2013, German media break the news to a stunned world and, increasingly, an angry and frustrated group of widely dispersed possible claimants. Initially, stonewalling and bluster and a dismissively bureaucratic attitude are on display, until the intervention of Federal authorities leads to the reluctant acknowledgement that this is not just another local tax evasion case. But the release of details of the art works continues to be frustratingly slow and incomplete.

Visits to other homes owned by Mr. Gurlitt reveal even more art works, some in deteriorated condition, amid both ongoing calls for much greater openness in deciding just what would happen to the art works, and questions about the legality of the seizure of the works by the Bavarian authorities. 

Eventually, a multinational Task Force to investigate the provenance of the art works is announced by the German Government. Potential problems with Nazi-era laws, still on the statute books in Germany, loom, as does the absence from Germany’s statute books of any law requiring the return of Nazi-era looted art.

Now comes further disquieting news: The German Government has announced a deal, apparently negotiated with Mr. Gurlitt’s legal guardian, his defense counsel and the Bavarian authorities, (but without it seems the involvement or indeed knowledge of any representatives of the dispossessed), “to allow provenance research on a voluntary basis once the works are released from police custody.” But the Task Force will be up against an arbitrary one year deadline, after which provenance research will continue, it seems, only at Mr. Gurlitt’s pleasure. One short year to investigate and decide what should happen to over 1500 individual art works, many of which had been acquired by a dubious art dealer in times of chaos and circumstances of disaster 70 years ago, that had been hidden for decades with no whisper of their continued existence, and the details (and even images) of which are, even today, still incomplete. One year? Really?

And, on the same day, comes word that an unidentified rival claim to Matisse’s “Woman Sitting in Armchair” has come forward, jeopardizing negotiations to return that one painting to the heirs of French art dealer Paul Rosenberg just as an agreement to return the painting seemed close. And that is only one painting, albeit one with an uncharacteristically clear and well-established provenance. If there are problems with the Matisse, in a relatively straightforward case, what is to be the fate of the very many others where the records are missing or incomplete or inconsistent, the evidence patchy or confused or inconclusive, and the path to a resolution likely to prove labyrinthine?

The German government needs to accept that this mess is not a German tangle to unravel. It is unavoidably an international one. The creation of the Task Force was a partial recognition of that, but the continuing and serial missteps and errors, and the persistent inability or reluctance to be completely open about what is happening on the part of both the Bavarian and German Federal authorities, and now the imposition of an arbitrary and unrealistic deadline, demonstrate that, for whatever reason, the complexity of the truly international nature of the multi-faceted challenges presented by these art works eludes them.

What should happen, and quickly, is the creation of an independent, well-resourced ad-hoc international tribunal to determine the fate of each and every one of the many art works recovered. The Tribunal itself should consist of international jurists and others with a range of art-crime related skills, assisted by a staff of independent provenance researchers, art and general historians, claimant advocates, and dispute resolution specialists.

Secondly, that tribunal should be given the job, by German legislation and international treaty working in tandem, of resolving the fate of each art work by employing first a range of dispute resolution processes. If those processes do not result in an agreed just and fair solution, then the Tribunal should have the jurisdiction to decide each case by giving due weight and recognition to the moral aspects of each case, in addition to relevant legal factors. 70 years on, much relevant evidence, even if it once existed, is gone. All contemporary witnesses to Hildebrand Gurlitt’s activities are dead. Many records and documents that might once have existed have been lost or mislaid or destroyed in the chaos of wartime and post-war Europe. In those circumstances, to compel sometimes inadequately resourced claimants onto a strictly legal battlefield, hedged about with evidential and procedural constraints within the artificially narrow construct of a sovereign state’s domestic legal system, and then to require them to fight a legal battle against that same sovereign state, will likely pile future injustice on the top of past wrongs.

The December 1998 Washington Principles, to which Germany is a signatory, demand identification of looted art, open and accessible records, the public dissemination of art proactively to seek out pre-War owners or heirs, and the deploying of resources and personnel. A “just and fair” solution must actively be sought. Germany has been, at best, a cautious adopter of these principles. Fifteen years on, these 1500 art works give Germany the opportunity to cut this Gordian knot. Such an approach is not unprecedented. The various threads already exist, in both the looted art arena and elsewhere. All that is required is the will and the leadership simply to do it. 

Judge Arthur Tompkins is a trial Judge from Wellington, New Zealand. He teaches Art in War each year as part of the Postgraduate Certificate in Art Crimes Studies offered by the Association for Research into Crimes against Art (www.artcrimeresearch.org), in Umbria, Italy.

November 23, 2013

WSJ: "German Museums Under Pressure to Put Collections Online"

Mary M. Lane and Harriet Torry write in the Wall Street Journal Nov. 22 in "German Museums Under Pressure to Put Collections Online":
BERLIN—German museums are coming under growing international pressure to provide digital access to their full collections, in the wake of the discovery of a suspected plundered art trove in Munich that authorities kept secret for nearly two years. Under international norms adopted in Washington in 1998, German museums are obligated to go through their collections for works that may have been looted by the Nazis. But the museums have balked at going a step further and digitizing their collections to allow independent searches, citing budget restrictions and a lack of staff. That reluctance has for years been a source of tension within the art world, with critics alleging other motives. "They don't want to let people see what they have because they know if they put it online they'll get claims and possibly lose major paintings," Ronald Lauder, a billionaire art collector and president of the World Jewish Congress, said in an interview.
Ronald Lauder is the founder of New York City's Neue Gallerie, home to Gustav Klimt's "Portrait of Adele Bloch-Bauer", a work recovered after it was stolen by the Nazis.

November 16, 2013

Gurlitt Art Collection: Highlights on Der Spiegel's "Phantom Collector"

Der Spiegel: Max Liebermann, "Two Riders on the Beach"
As pointed out in a long article, "Phantom Collector: The Mystery of the Munich Nazi Art Trove", Der Spiegel Online, English, November 11, 2013, by Der Spiegel staff, in 1901 Max Liebermann, an Impressionist painter, created "Two Riders on the Beach" and exhibited it in Berlin and in the Hermes art salon in Frankfurt. Four years later, in 1905, Berlin gallerist Paul Cassirer sold the painting to a sugar refiner from Breslau, David Friedmann.
On Dec. 5, 1939, three months after the war broke out, Dr. Westram, a senior government official in Breslau, wrote a letter to the Reich minister of economics, under the heading: "Seizure of Jewish Art Collections." 
One passage relates to the "estimated value of artworks owned by Friedmann, a Jew." According to Westram, Friedmann's collection included French Impressionists "like Courbet, Pissarro, Raffaelli, Rousseau," along with "good German" landscapes. "The painting by Liebermann (Riders on the Beach) would likely fetch at least 10 to 15,000 Reichsmarks abroad," he wrote. He also noted that he had forbidden Friedmann from selling his artworks without permission. It is unlikely that he later sold the works despite Westram's instructions. 
Der Spiegel: Sample of Gurlitt collection
'Forfeited to the Reich' 
When Friedmann died in 1942, his villa was sold at auction and the proceeds were "forfeited to the Reich." His daughter Charlotte was deported to an SS death camp in 1943 and murdered there.
Der Spiegel's article recounts the family history of Hildebrand Gurlitt (part Jewish from an 'educated middle-class-family'); Hildebrand Gurlitt's dismissal twice from two positions by the Nazis; his success at dealing in art (1935); and the Nazi's characterization and assemblage of "Degenerate art".
On Oct. 25, 1938, Gurlitt gained access to the storage facility containing the "degenerate" art, which included works he had once acquired for the museum in Zwickau. They were kept at Schloss Schönhausen in Berlin. Gurlitt had customers in Basel and New York. He, like other dealers, also secretly sold graphic works in Germany. Hamburg art historian Maike Bruhns learned that Gurlitt showed drawings by Paul Klee and Emil Nolde to customers he trusted in the basement of his Kunstkabinett gallery. 
Art to the Highest Bidder
Gurlitt took on more than 3,700 works on paper from Schloss Schönhausen. In May 1939, he sold the Franz Marc painting "Animal Destinies" to the Kunstmuseum Basel for 6,000 Swiss francs, for which he received a commission of 1,000 francs. For the same amount of money, he bought 1,723 works on paper from Schloss Schönhausen in mid-December 1940. They included watercolors, prints and drawings by Emil Nolde, Erich Heckel, Karl Schmidt-Rottluff and other Expressionists. Gurlitt signed his letters to the officials in Joseph Goebbels' propaganda ministry with the words "Heil Hitler!" or "With German greetings."
A companion later recalled that Gurlitt drove a small car in those days, and that he would see "paintings by Munch, Corinth and Franz Marc emerging from the car like some colorful ball of yarn, and it was never quite clear how all of it could have fit into that tiny car."
Then came a defining moment in Gurlitt's career. His friend Hermann Voss, director of the Dresden State Art Collections and special commissioner for the planned "Führer Museum" in Linz, Austria, hired him in 1943 to build Hitler's art collection. Gurlitt brokered the purchase of paintings from various countries, including the occupied countries of Western Europe -- France, the Netherlands and Belgium -- for several million Reichsmarks. He was provided with privileges and given the necessary documents. A letter from the "Special Commissioner for Linz" certified that Gurlitt was buying works of art "for the purposes of the Führer," and that it was "of great interest in terms of cultural policy" that the art dealer be allowed to "complete his mission expeditiously." 
Hitler's Art Commissioner
Hitler's special commissioner for Linz had his office at the Dresden State Art Collections, where records were kept on the looted art. The purchases made for Linz between December 1942 and April 1945 are documented in the so-called "Wiedemann list." It includes the transactions conducted by Gurlitt's gallery.
Under the first entry, dated Sept. 6, 1943, Gurlitt delivered four paintings, including a work by Claude Joseph Vernet called "Seaport by Moonlight," for 40,000 Reichsmarks. One hundred thousand Reichsmarks were paid for the first delivery.
Gurlitt kept himself busy after that. Within a year, he delivered well over 100 paintings, rugs, drawings, miniatures, portraits, sculptures, tapestries and pastels to the special office. According to the list, the value of the artworks, which was already at rock bottom because of the pressure the Nazis were exerting on private collectors, was more than 9.2 million Reichsmarks, of which Gurlitt received a 5 percent commission.
The last Gurlitt painting arrived at the special office on Sept. 6, 1944. The work, "Madonna and Child Between Angels," by a member of the early Italian school, was priced at 200,000 Reichsmarks.

In an interview with Allied Forces in 1945, Gurlitt denied purchasing art stolen from Jewish families which Der Spiegel questions:
Gurlitt toured the territories occupied by Nazi Germany like a kind of traveling salesman. In France he acquired 19th-century paintings for German cigarette manufacturer Philipp F. Reemtsma. He attended auctions that sold off looted art from museums and stolen art that authorities had seized from Jewish owners. Is it possible that he knew nothing of the origins of this artwork?
In regards to the bombing of Hildrebrand Gurlitt's home in Dresden in 1945:
In the spring of 1945, part of Gurlitt's collection was in Dresden; the family was living at Kaitzerstrasse 26 at the time. During the Allied air raids on the night of Feb. 13-14, the building was nearly completely destroyed, but Gurlitt was apparently able to save most of his art trove. In mid-March 1945, as he later wrote in a sworn statement, he was able to salvage the remainder of his "safeguarded paintings" and pack them in "roughly 25 crates," along with numerous boxes with hundreds of drawings and prints. 
He then transported the collection in a "truck with a trailer" to Aschbach in the southern German state of Bavaria, where he said he stored it in a castle that was soon captured by advancing US troops. "All crates and boxes," said Gurlitt, "were carefully checked by American commissions on a number of occasions." Many of the works were confiscated and brought to the central collecting point in Wiesbaden, he noted.
Gurlitt insisted to the Allies that he was not a Nazi, Der Spiegel:
American officials were skeptical, and described Gurlitt as withdrawn and nervous. They thought his behavior was suspicious, and asked him why he had brought crates with the stamp of the Dresden state art collections to western Germany, along with alleged gold bars. He remained evasive.
At the same time, he agreed to give back a number of works in his possession that he had acquired in France. He also compiled a comprehensive list of the paintings that he had purchased in France during the war, which included Rodins, Chardins and Rembrandts.
Yet, Der Spiegel writes:
The fact of the matter is that Hildebrand Gurlitt led two lives, as shown by many file documents. The Hamburg Police Department wrote in 1947 that Gurlitt allegedly "profited enormously" from the period of the Third Reich. "Aside from an exaggerated sense of business acumen, he reportedly took advantage of the predicament of the Jews and associated with men from the counterintelligence service." 
This was based on testimony by Gurlitt's former secretary Ingeborg Hertmann. She noticed that Gurlitt "maintained regular business and personal contacts with the Propaganda Ministry, Dr. (Rolf) Hetsch (the Propaganda Ministry's consultant for the visual arts), ... (Minister of Armaments and War Production Albert) Speer and (Propaganda Minister Joseph) Goebbels." 
In the years 1942 and 1943, she said that he "only worked for the Führer." She went on to say that at the Hamburg Kunsthalle -- an art museum in the city -- he purchased paintings by Liebermann "at cheap prices that were incomprehensible to me and sold them for astronomical amounts of money." The secretary added: "When the Jews were deported to the Lodz ghetto, they entrusted Gurlitt with all of their paintings to be sold. After a while, these people wrote letters, asking him to send money because they were starving. Gurlitt then told me in a calm and indifferent manner to send 10 Reichsmarks to the Jew."
Nevertheless, the Americans were generous. Gurlitt was allowed to keep the works of art that he had declared his private property at the collecting point of the US administration in Wiesbaden. In December 1950, the US high commissioner approved the return of 134 paintings and drawings from the "Gurlitt collection." In addition to the artwork, there were Nepalese antiquities and Meissen porcelain. For two additional works of art, the art dealer produced a certificate from a Swiss friend who attested that he gave Gurlitt a Picasso and a Chagall in Switzerland "around 1943." He subsequently received these works as well. A photo of the Chagall, an "allegory with three moons," was shown last week at a press conference. 
In Gurlitt's later years, before he died in a car crash in 1956, he served as the director of the Düsseldorf Kunstverein from 1948. He still had an enormous amount of energy, and he transformed this small art association into a captivating institution, which of course showed modern art. He also continued to deal in artwork. Indeed, it's likely that after 1945 Gurlitt added a number of works to the collection that was found at the home of his son Cornelius in Munich. 
The paintings returned by the Americans also included Max Lieberman's "Two Riders on the Beach," which had somehow made its way from David Friedmann's conservatory in Breslau to Gurlitt's crates of artwork in Dresden.
By:  Catherine Sezgin 

November 15, 2013

Gurlitt Art Collection: WSJ: 'Germany Plans to Publish List of Nazi-Looted Works in Art Trove'

Pierre Ciric, a lawyer in New York, just brought our attention to a story this afternoon in the Wall Street Journal: "BREAKING: GERMANY TO PUBLISH LIST OF 590 GURLITT ARTWORKS STARTING NEXT WEEK."

Mr. Ciric's law firm co-sponsored with Holocaust Art Restitution Project (HARP) the October Art Law CLE symposium "Due Diligence in Cultural Heritage Litigation: Is There A Minimum Threshold?"

According to the WSJ article reported by Mary M. Lane in Berlin, a German task force -- a six-person committee of German and international experts to be created to research the provenance of all 1,400 works -- will begin by publishing the 590 Nazi-era suspected looted artworks on the German government's Lost Art Internet Database (www.lostart.de).

November 13, 2013

Gurlitt Art Collection: Paris Match Journalists Find Cornelius Gurlitt in his neighborhood -- just three days after Augsburg prosecutor denies knowing the whereabouts of the target of his tax evasion case

Two photographs credited to Best Image/Vantagenews.co.uk,
published by the Telegraph online of Cornelius Gurlitt
'seen for the first time in public shopping at a supermarket
 in Munich'. Paris Match photo credits Goran Gajanin. 
by Catherine Schofield Sezgin,
 ARCA Blog Editor-in-Chief

Three days after Bavarian officials denied knowing the whereabouts of Cornelius Gurlitt, two journalists from Paris Match reported and photographed Gurlitt shopping near his flat in Munich ("EXLUSIF. Trésor nazi: Paris Match retrouvé Cornelius Gurlitt"). At a press conference on November 5, Augsburg chief prosecutor Reinhard Nemetz, heading an investigation of suspicion of tax evasion, would not confirm if Gurlitt was even alive.

Paris Match's Berlin Correspondents, David Le Bailly and Denis Trierweiler, wrote they found the "élégante" Gurlitt on Friday, November 8, continuing his habits in the Schwabing district near his apartment. Gurlitt responded to a question from the journalists which they reported in French: "Une approbation qui vient du mauvais côté est la pire des choses qui puisse arriver". Gurlitt's quote, as retold in English by Colin Freeman for the Telegraph ("First pictures of Cornelius Gurlitt, pensioner accused over Nazi-era art stash", November 12), was translated into English as: "Approval that comes from the wrong side is the worst thing that can happen".

Last week, when Bavarian prosecutors held a press conference after revelations in Focus Magazine about a 'Nazi art hoard', Gurlitt's whereabouts were reportedly unknown. As of November 8th, though, it appears he was shopping for groceries and still living in the same flat (or at least the same area) from which Bavarian customs officers took 3 days to remove 1,400 works of art in February 2012 in an investigation related to tax evasion.

The following sources documented Bavarian authorities denial of Gurlitt's residence at the Augsburg press conference (Augsburg is a 35-minute train ride north of Munich):
The mystery around Gurlitt himself, meanwhile, has thickened. The whereabouts of the 80-year-olld are not known, said the customs authorities. When asked by one journalist if Gurlitt was alive, Augsburg chief prosecutor Reinhard Nemetz said he could not comment. "Picasso, Matisse and Dix among works found in Munich's Nazi art stash", Philip Oltermann in Berlin, theguardian, Nov. 5.
Of the whereabouts of Mr. Gurlitt himself, nothing is known, the officials said. Mr. Nemetz said that he had been questioned after the paintings were found, and that investigation under the tax law was continuing. But there was no reason to detain the elderly man, and authorities do not know where he is, Mr. Nemetz said. "German Officials Provide Details on Looted Art Trove," Melissa Eddy, November 5, originally published in The New York Times and since revised.
Senior public prosecutor Reinhard Nemetz said Mr. Gurlitt's current location was unknown to the authorities. Neighbours at Mr. Gurlitt's apartment have reportedly not seen the white-haired 80-year-old -- who has an Austrian passport -- since summer. "Lost Nazi art: Unknown Chagall among paintings in Munich Flat", Louise Barnett, Berlin. November 5.
The paintings were discovered stacked between dirty plates and cans of food past their sell-by date, in the run-down apartment of the reclusive 80-year-old Cornelius Gurlitt, the son of an art collector who was yesterday said to have disappeared without a trace. "He could be anywhere in Germany. We think he may have access to unlimited funds," a Munich customs spokesman said. "Search is on for second cache of art confiscated by the Nazis", Tony Paterson, Berlin, The Independent.

November 12, 2013

Gurlitt Art Collection: Germany listed 25 pieces of art online and will establish task force of provenance researchers to examine 970 works

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Coverage in the last week about the Gurlitt Art Collection has been published in print and online in primary sources in French and German. I have asked readers of the ARCA blog to help with identifying and summarizing into English the articles. One of our readers, Alex Kurys in Vienna, contacted us and recommended an article in ORF.at, the online news he describes as the 'Austrian BBC equivalent' with primary sources of news from Associated Press or Reuters. The article, Fall Gurlitt: Behörden veröffentlichen verdächtige Werke, reports that German authorities have published today a list of 25 works on the page www.lostart.de (The Lost Art Internet Database) from the Gurlitt case with "appropriate urgent suspicion of Nazi persecution conditional withdrawal background" will be posted. The article reports that a task force of six provenance researchers will be assembled to examine 970 works. According to the findings of the Augsburg prosecution, ORF reports, 380 works can be assigned to what the Nazis called "degenerate art" and 590 works will be checked to see if they were taken from their rightful owners during the era of National Socialism persecution. 

The Lost Art Internet Database is operated by:
Koordinierungsstelle Magdeburg, Germany’s central office for the documentation of lost cultural property. It was set up jointly by the Government and the Länder of the Federal Republic of Germany and registers cultural objects which as a result of persecution under the Nazi dictatorship and the Second World War were relocated, moved or seized, especially from Jewish owners.
A search of "Gurlitt" on this Lost Art Internet Database includes a description of Wolfgang Gurlitt as a Berlin dealer and cousin of Hildebrand Gurlitt (father of Cornelius Gurlitt who's art collection was seized by Bavarian custom authorities in February 2012 for suspicion of tax evasion). Wolfgang and Hildebrand Gurlitt are both described by the Lost Art Internet Database as dealers involved in the Nazi cultural robbery. A special report "Spoils of War" from the international conference in Magdeburg in November 2001, highlights the Gurlitt art collection, but it is the collection of Wolfgang, who along with Hildebrand had close contact with Hermann Voss, the art historian who in 1942 was appointed to assemble art for the Führermuseum in Linz. The "Spoils of War" 2001 report highlights the 76 oil paintings and 33 prints Wolfgang Gurlitt sold to the City of LInz in 1953:
Wolfgang Gurlitt was not a National Socialist. There is not a single piece of evidence
among his many surviving letters from that time that he tried to ingratiate himself with
various public offices by using expressively National Socialist language. His lack of
concern in political matters was so marked that in his letters to the office responsible
for the "Linz Special Command" ("Sonderauftrag Linz") he all too often left out the
obligatory closing phrase "Heil Hitler!". His employment of a non-National Socialist,
Walter Kasten, in 1938, matches this image.

On the other hand Wolfgang Gurlitt understood well how to remain in business
between 1933 and 1945. Besides his regular activities as an art dealer he was
successful in getting involved in special projects (although on a modest scale
compared to his cousin, Hildebrand Gurlitt): these included the sale abroad of artwork
confiscated and labeled "degenerate art" ("Entartete Kunst") by the Reich's Ministry
for Propaganda, as well as making purchases for Linz’s "Führer Museum".
The "Spoils of War" 2001 report notes under "results of the research into provenance":
It is demonstrable that Gurlitt acquired artwork of previous Jewish ownership on
several occasions: through direct purchase from the Jewish owner, through auctions,
and probably also through other art dealers. The total scope and the method of
acquisition in respective cases are unclear; the number probably extends beyond those
examples proven unequivocally. Like practically all art dealers who were active
during the rule of the National Socialists, Gurlitt had no qualms about this form of
acquisition. 
Documentation of Results:
The Mayor of the City of Linz initiated the process of examining the Gurlitt
Collection of the New Gallery of the City of Linz as far back as September 17, 1998.
The archive of the City of Linz examined – primarily through existing municipal files
– the provenance and acquisition of the pictures in stock. A comprehensive report
with the results of the research (which have been briefly summarised here), together
with a catalogue including all works in the "Gurlitt Collection" was published in
January 1999.13 The complete report has been accessible since then on the Internet at
http://www.linz.at/archiv, the first public body in Austria to decide to act in this way.
1,800 hits a month (as of February 2002) to the contents of this documentation bears
witness to the active interest of the public in this matter.

March 16, 2013

Kunsthal Rotterdam art heist: German prosecutor arrests middle-man for blackmail after attempt is allegedly made to sell back stolen paintings to Dutch owner Triton Foundation

Harlequin Head by Pablo Picasso
On the afternoon of Wednesday, March 13, German prosecutors arrested a 46-year-old German man for attempting to sell seven of the paintings stolen from the the Kunsthal Rotterdam on October 16 back to their Dutch owner, the Triton Foundation [David Rising and Toby Sterling reporting from Berlin and Amsterdam, respectively, for the Associated Press ("Police name man claiming to sell back Picasso, Monet in $100 million heist"].
Three Romanian men suspected of carrying out the heist were arrested Jan. 22 in Bucharest and remain in custody there. A 19-year-old Romanian woman was arrested in Rotterdam on March 4 on suspicion of assisting the thieves.
Police believe the works were brought shortly after the theft to a home in Rotterdam where the young woman was staying and removed from their frames.
The suspect has contacted two lawyers in Cologne to negotiate the return of the paintings back to the owner and has been arrested for blackmail.

DutchNews.nl reports in "Romanians implicated in Kunsthal art heist to face trial at home" that the three men arrested for the theft will not be extradited to The Netherlands.
None of the works have been recovered and the mother of one of the defendants told a local Romanian broadcaster she had destroyed two to help her son [DutchNews.nl].
The suspects would prefer to avoid prison and Romania and have claimed that the paintings will never be seen again if their trial is not held in the Netherlands: "They have made this very clear," their lawyer said.

Here's another view of the  value of the stolen paintings.

March 2, 2013

Continued coverage of the Conference on Protection of Cultural Property in Asia

Textile conservator Julia M. Brennan continues coverage of last month's conference.

The conference was structured into 3 thematic working sessions: Policy and Institutional Framework and Capacity Building (Session 1);  Technical Aspects of Protecting Cultural Heritage Property: Networking with INTERPOL and the International Community (Session 2); and Recovery of Cultural Property, post Theft or Disaster (Session 3).  Here are highlights of a few of the talks: 

Session 1 presentations dovetailed, making a strong case for the use of preventative measures to protect cultural heritage.

Mr. Etienne Clement, Deputy Director of UNESCO, Bangkok gave the opening talk for Session 1 covering national and international laws, international conventions such as the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict1970 UNESCO Convention on Illicit Trafficking, and the UNIDROIT. He made a compelling argument for nation states to adopt and use these conventions; teach cultural heritage personnel and police about them; and use them as a foundation tool for combatting the illicit trade in antiquities and art.

Mr. Tshewang Gyalpo, Chief of Bhutan’s Department of Culture, spoke about the country’s national database of heritage; defined Bhutanese heritage; outlined the role of the conservation department and regional cultural officers and the trainings in place to better secure sacred sites.

Mr. Karl-Heinz Kind, INTERPOL, provided an overview of the important and active role that his agency performs, advocating member states to join and participate. The effectiveness of  INTERPOL's stolen works of art database and Project PSCHE (designed to utilize the Italian Carabinieri for the Protection of Cultural Heritage's help in modernizing the database). He emphasized that investigations and recovery are only supported by nations’ involvement and called for greater involvement by nations to make protection of cultural heritage a priority.

Julia Brennan (left) and Fiona MacAlister (right) with
 Dasho Dorjee Tshering, Secretary of Home and Culture
Ms. Fiona Macalister, a disaster preparedness expert from the UK, and I, a textile conservator and consultant for preventative conservation, made the case for employing preventative measures at the front end to protect cultural heritage. Fiona provided a clear blueprint for risk management and disaster planning, outlining different disaster scenarios in the event of  fire, flood, earthquake, and theft and provided standards, checklists, and constructive methods of training. I outlined methods adopted from conservation including secure storage, good protective housings, training of local caretakers and cultural heritage staffs, the importance of detailed and updated documentation, analysis, collaborating with and training of law enforcement, raising public awareness and ownership through media outlets, and engagement of community based groups and tourist infrastructure.

Session 2 featured talks specifically focused on law enforcement efforts to combat the illicit trade. Among the presentators were:

Mr. Gaspare Cilluffo, Customs, Italy, provided an introduction to the law enforcement real time platforms of ARCHEO and COLOSSEUM. He provided clear how-to-use steps for these programs, for both customs and police, in an effort to broaden the international communications and work in real time. He emphasized the goals of sharing information about seizures and new trends, background profiles, best practices, and official consulting experts.

Ms. Silvilie Karfeld, from the German Police, provided extremely useful and creative methods to combat the illicit trade across uncontrolled borders. From the macro of international law enforcement efforts, collaboration between nations, to micro solutions such as neighborhood watch programs, physically marking artifacts as ID, registration of artifacts with cut off dates, pressuring and working with major online sales sites and insurance industry. Like Clement and Brennan, she advocated enhancing the awareness by common people, utilizing the media, and encouraging source countries to take action and monitor the art markets themselves.

Both Mr. Martin Finkelberg, Art Crime Police, The Netherlands, and Mr. Iain Shearer, formerly with the UK Police, gave inspirational and personal talks about investigations and seizures, and the importance of networking. Iain outlined some British successes in seizing illicit Afghan antiquities since 2006. Both an archeologist and police officer, his talk was a lively history of ancient sites and their importance, how they are pillaged, and arrive in the end market. Martin used several case studies to show the success of having informants, a strong prosecutor, utilizing databases, to solve heritage thefts.

Session 3 focused on recovery and methods employed.

Professor Duncan Chappell from Australia outlined several recovery cases in the market country Australia of SEA artifacts and human remains blatantly for sale by BC Gallery:  While some artifacts were recovered or pressure was brought to bear to remove artifacts from sale, the Australian laws are toothless and do not support timely prosecution or seizure. As with many countries, the little slap of the hand does nothing to stem the trade, Professor Chappell said, and called for greater funding for research, investigation and cross border collaboration in the Asian Pacific region.

Major Guy Tubiana, Chief of Security for France’s Museums and Cultural Sites, provided some sound and simple tips for securing sites and training staff. He emphasized the sixth sense of police and security experts, and the constantly changing landscape of theft and trafficking.

Brigadier Kipchu Namgyel, Chief of Royal Bhutan Police, gave an excellent talk about the state of cultural heritage protection in Bhutan, the locations of highest thefts, the incentives and investigation methods employed, and some creative, if not controversial solutions to the problem of chorten vandalism.

The conference concluded with strategic working sessions on each of the three themes. Each group provided a set of recommendations for improving nation’s capacity building, and better protection of cultural heritage though the implementation of specific tasks, many adopted from the three days of presentations.

At the end of three days, attendees took away the strong message that as a global community, we must partner, deploy all the tools possible, engage and maintain strong active relationships across borders, and promote both loss and success more effectively through the media. It also underlined the greater need for the development of stronger Asian participation in law enforcement, liaison with INTERPOL and international customs, and prioritizing the protection of cultural heritage by Asian governments.

This conference was a good first step for combatting the illicit trade in Asia. And, to maintain the momentum, we need to follow up quickly, with additional sessions in Thailand, Singapore, and China, (at the very least), with a focused attempt to identify and bring key law enforcement and cultural heritage professionals to the table. In addition, we could strategically reinforce the message with post conference trainings of law enforcement, customs, and rural caretakers in methods of investigation, analysis, better security, filing stolen art, and monitoring of art sales. Too many major Asian players were missing in Bhutan, but there is a lot of opportunity ahead.  

Website of conference: www.mohca.gov.bt/conference

Published papers forthcoming in 2013

Julia M. Brennan is a Conservator and Cultural Heritage Protection Consultant www.caringfortextiles.com.

April 20, 2012

Looted Nuraghic bronze statuettes from Sardinia Sold in Germany and the United States according to the Carabinieri Cultural Heritage Protection unit in Sassari

Translation by Francesca Rossi, Our Correspondent in Amelia

ARCA blog asked Ms. Rossi to translate the first part of the article "Germania e Usa le ultime mete dei bronzetti trafugati" (Germany and the USA are the destinations for looted bronzes) published by Casteddu.online, a daily newspaper in Cagliari, the capital of Sardinia.

Forced to emigrate even after two or three thousands years spent in Sardinia: crammed into trucks or inside a bag between trousers and shirts, in the aircraft hold. They make stopovers of four to five years in Switzerland, ‘cause the rest is good (and certainly allows the dust to settle). And then they cross the continents: to the United States or Canada on one side, Japan on the other. This is the clandestine journey of nacelles and Nuraghic bronze statuettes. A new emergency, according to Paolo Montorsi, Commander of the Carabinieri Cultural Heritage Protection nucleus of Sassari, who, during a conference organized by the Carabinieri during the Week of Culture, spoke about this argument.

The phenomenon of illegal excavations has declined compared to previous years, though. “Probably – clarified Montorsi – because the valuable pieces are already gone”. This doesn’t mean the Carabinieri do let their guard down: there’s a new line of investigation, which obviously is still secret, that takes us in Germany and United States. Pieces easy to take away because of their reduced dimensions, but of great value: some of those bronze statues, in the black market, are valued about 20.000€/cm.

In particular, the highest number of illegal excavations is recorded in the area of Nuoro. “It’s very important when a theft is reported – explained Montorsi – to provide a photo of the stolen handwork, so it can be inserted in a database interacting with the Interpol.”