Blog Subscription via Follow.it

Showing posts with label Homeland Security Investigations. Show all posts
Showing posts with label Homeland Security Investigations. Show all posts

April 20, 2021

Restitution: Manhattan and US authorities hand over 33 artefacts stolen from the the Islamic Republic of Afghanistan

Image Credit - HSI ICE

Afghanistan, one of the world’s poorest countries, has been plagued by war and corruption.  That vulnerability has long made it a target for looters, many of whom have stripped thousands of Buddhist and Hindu antiquities, some dating back more than 1,800 years, from their find spots.  But while decades of conflict have devastated the Afghanistan countryside and left its populations impoverished, its dealers like Subhash Kapoor with his tony Art of the Past gallery on Madison Avenue in New York who turned other peoples' misery and misfortune into personal profit.  

Kapoor's clients turned a blind eye to the provenance of the artworks he procured, as did important museum institutions who readily purchased work through the dealer or accepted tainted donations from his well-heeled clients with regularly.  As seen in the restitutions over the last month, this network involved with this single New York ancient art dealer was able to source, procure, and sell illicit material from Afghanistan, Sri Lanka, Nepal, Southeast Asia, and southern India, often in quantities of a staggering scale.                                                                            But this week, thirty-three of those plundered artworks were handed over to the Islamic Republic of Afghanistan, via its first female Ambassador to the United States, Roya Rahmani.  In accepting these artefacts Ambassador Rahami knowledgeably stated: 

“The environment that allows for the plundering of Afghanistan’s treasured antiquities is the same environment that allows for the perpetuation of conflict...traffickers are not just robbing Afghanistan of its history, they are perpetuating a situation where peace does not manifest and the region does not stabilize. Looting Afghanistan’s past is looting Afghanistan’s future.

Image Credit: The office of Afghan ambassador, Roya Rahmani

Image Credit: The office of Afghan ambassador, Roya Rahmani

The 33 artefacts restituted this week were part of a hoard of 2,500 objects valued at $143 million which were seized between 2012 and 2014 as a result of the Subhash Kapoor investigation and the ongoing case being built against the dealer in the United States.  Since August 2020, the Manhattan DA's office, their Antiquities Trafficking Unit and their partners at Homeland Security Investigations have successfully restituted 338 stolen objects to seven countries.

Image Credit - HSI ICE

As we can see from the substantial number of restitutions over the last four weeks, including two artefacts to the Democratic Socialist Republic of Sri Lanka and three 13 - 16th century CE artefacts stolen from the Federal Democratic Republic of Nepal, the breadth of the problem of illicit material in liberal circulation on the legitimate ancient art market is not a minor problem, but rather something more pernicious.  

Despite this, the New York success stories over the last month demonstrate what public prosecutors can do, when art crimes are given a higher priority.  Allocating sufficient resources and allowing collaborative access to experts can serve to facilitate successful law enforcement investigations into criminal activity within the ancient art market which stretches over years and between jurisdictions.  The result being the plundered heritage can be confiscated and returned back home in accordance with the laws of particular jurisdictions involved.

Restitution: Manhattan and US authorities hand over three 13 - 16th century CE artefacts stolen from the Federal Democratic Republic of Nepal.

One week after its last restitution, on the first of April, the Consulate General of the Federal Democratic Republic of Nepal in New York received three more Kapoor-handled artefacts at the Manhattan District Attorney’s Office. Those artefacts were: 

  • a 13th century CE wooden beam depicting a colored Apsara
  • a 14th-15th century CE gold seated Buddha in Bhumisparsa Mudra, 
  • a 15th-16th century CE seated Ganesha 
All three of these ancient objects were seized pursuant to the Manhattan DA's investigation of antiquities dealer Subhash Kapoor.  In furtherance of the occasion, Consulate General Mr. Bishnu Prasad Gautam, and District Attorney of New York County Mr. Cyrus Vance Jr. signed an agreement establishing the recovery, hand over, and repatriation of the antiquities to the Federal Democratic Republic of Nepal.  


Mr. Gautam expressed his thanks to the United States Department of Homeland Security and Acting Assistant Special Agent-in-Charge Eric Silverman, Manhattan District Attorney Cy Vance, Jr., and Assistant D.A. Matthew Bogdanos, Senior Trial Counsel and Chief of the Antiquities Trafficking Unit, who handled the recovery of the Nepali artefacts along with Special Agents Brenton Easter and John Paul Labbat and Investigative Analyst Apsara Iyer of the Manhattan DA's office. 


The Nepal officials honoured those responsible for the artefacts' restitution,  bestowing them with a traditional Tibetan Khata, a scarf offered as a symbol of respect and gratitude.  

To date, several investigations have tracked many false provenances provided by Subhash Kapoor. This methodology of back-tracking an artefact to its theft site and searching out the smuggling methods from the source country to Kapoor's U.S. gallery and the collectors who purchased from him has led to several recoveries.  One of those, a 10th- or 11th-century mūrti of Lakshmi-Narayana (Sanskrit: लक्ष्मी-नारायण, IAST: Lakṣmīnārāyaṇa), a manifestation of Vishnu in the Hindu religion disappeared from the Narayan Temple in the Patko Tol neighbourhood in Patan, in 1984.  That sacred object was eventually purchased six years later in March 1990 by David T. Owsley, (a client of Kapoor's) who in turn lent the object to the Dallas Museum of Art (DMA).  On 2 March 2021 officials from the Dallas FBI Field Office and the Dallas Museum of Art announced the voluntary restitution and formal transfer of that mūrti back to the Federal Democratic Republic of Nepal.


Restitution: Manhattan and US authorities hand over two Kandyan Period artefacts depicting the Lord Buddha in Abhaya Mudra stolen from the Democratic Socialist Republic of Sri Lanka

As can be seen, by the restitutions accomplished via Manhattan District Attorney Cy Vance's team over the last month, New York continues to lead the way in the United States in making a significant impact in the identification and restitution of unprovenanced artefacts; objects which fuel a transnational trade in stolen objects and the depredation of both sacred and archaeological sites.

Image Credit: Permanent Mission of Sri Lanka to the United Nations New York

Looking back over the last month, on Thursday, March 25th the DA's office in Manhattan handed over a pair of Kandyan Period (18th Century) Sri Lankan artefacts depicting the Lord Buddha in Abhaya Mudra, which were seized pursuant to ongoing investigations into the dealings of ancient art dealer Subhash Kapoor.  These historic objects represent the first two sacred artefacts to be returned to Sri Lanka from the United States.

Abhaya in Sanskrit means fearlessness, and the abhayamudrā symbolizes protection both aptly fitting to the commitment of the New York DA's Antiquities Trafficking Unit, led by Assistant District Attorney Matthew Bogdanos, who, along with his team of analysts, collaborates with officers of the Homeland Security Investigations, all of whom strive to identify and pursue those who seek to profit from the trade in illegally exported cultural property. 

Assistant D.A. Matthew Bogdanos, Senior Trial Counsel and Chief of the Antiquities Trafficking Unit handled the Sri Lankan recovery along with Investigative Analyst Apsara Iyer and Special Agents Brenton Easter and John Paul Labbat from Homeland Security Investigations. 

Ambassador Pieris and Asst. District Attorney Col. Matthew Bogdanos exchange agreements establishing the recovery, hand over and repatriation of the antiquities.

Arrested on 30 October 2011 in Frankfurt, Germany and extradited to India in July of 2012, Subhash Kapoor is presently jailed at the Tiruchirapalli Central Prison.  In India he is on trial for smuggling 28 idols from the Sundareswarar temple, the Varadaraja Perumal temple, and from the Arulmigu Pragatheeswarar temple in Tamil Nadu.  The 71-year-old former Manhattan-based dealer will then have to answer to additional charges in the US, for his role in what prosecutors believe was a $145 million smuggling ring which prosecutors charged laundered stolen artefacts from many countries through his gallery Art of the Past.  

Law enforcement authorities in several countries believe that over a period spanning some thirty years, the disreputable dealer handled thousands of looted antiquities incentivising plunder from those within his network.  Pursuant to the USA/New York investigation, the D.A.’s Office and HSI have recovered more than 2,500 artworks, all believed to have been handled by Kapoor's web of middle-tier dealers, thieves, and smugglers between 2011 to 2020.  The bulk of these historic artefacts were pillaged from heritage sites in Afghanistan, Cambodia, India, Indonesia, Nepal, Pakistan, Sri Lanka, and Thailand. 

The restitution ceremony for the Sri Lankan pieces in New York was attended by H.E. Ambassador Mohan Pieris, Permanent Representative of the Democratic Socialist Republic of Sri Lanka, Satya Rodrigo, Deputy Permanent Representative of the Democratic Socialist Republic of Sri Lanka to the United Nations, Asst. District Attorney Col. Matthew Bogdanos, members of the District Attorney’s Antiquities Trafficking Unit, as well as HSI Special Agent-in-Charge Peter C. Fitzhugh, HSI Deputy Special Agent-in-Charge Erik Rosenblatt, HSI Group Supervisor Stephen Lee, and HSI Special Agents John Paul Labbat, Robert Fromkin and Igor Gamza of Homeland Security Investigations.  District Attorney Cyrus Vance Jr joined the official ceremony virtually. 

Ambassador Pieris, Satya Rodrigo, DPR, Special Agent John Paul Labbat & Apsara Iyer, Antiquities Trafficking Analyst
Image Credit: Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in New York

For Sri Lankan's thoughts, H.E. Mohan Pieris, reminded listeners that:

Cultural property is intrinsically related to the evolution of a nation’s identity. It forms a vital link to the past, wherefrom the present and future may be nurtured and enriched. It is therefore a moment of joy and cultural renewal when artefacts are recovered and returned to their rightful owners. Regrettably, however, we are dismayed to know that for every return there are thousands that are stolen, looted and trafficked through underground and illicit channels.

District Attorney Cyrus Vance Jr., for his part, stated that his office issued an arrest warrant for Subhash Kapoor in 2012, followed by a criminal complaint in 2019 that estimated that the “total value of stolen antiquities known to have been trafficked by Kapoor exceeds USD 145.71 million”.  Extradition paperwork has been formally filed in Manhattan in July 2020 which will ensure that Kapoor will face justice in New York as well as in India for the crimes he has been charged within New York's jurisdiction. 

On Monday, the first of April the Manhattan District Attorney Cy Vance, Jr. announced a further return of artefacts, related to this ring of traffickers, this time to the people of Nepal.