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Showing posts with label Italy. Show all posts
Showing posts with label Italy. Show all posts

November 7, 2024

From Gallery to 'Washing Machine': How One Art Dealer’s Love for Banksy Served as Cover for an International Drug Ring

On 11 May 2022, officers involved in the Eurojust 'Arkan' operation, assisting in the investigation begun by the District Anti-Mafia Directorate, deputy prosecutor Silvia Bonardi), and the Italy's Polizia del Stato raided 47 locations in Italy, Spain, and the Netherlands.  Their goal, the simultaneous arrest of as many as 31 suspects allegedly involved in an international narco trafficking ring.  One of the suspects on police radar was the much-hyped, Italian art collector and street art enthusiast-turned gallerist, Andrea Deiana.     

Prosecutors and law enforcement officers working the investigation had determined  that multiple organised crime groups (OCGs),  involved in the highly profitable illegal trade, were utilising a protected communications tool called EncroChat, which offered its subscribers and the drug syndicates the use of modified smartphones for encrypted communication which offered self-destructing messages, an encrypted vault and a panic button in the event the user believed their device had been compromised.

White Hat cyber-exploit hackers in the European police had cracked the EncroChat phone system and began listening in, striking more intelligence gold that miners working South Deep in Africa.  By 2023, officers had intercepted some 115 million criminal conversations, by an estimated 60,000 users in which criminals openly negotiated, sometimes in extremely granular detail, money laundering, murders, counterfeiting, drugs, and firearms trafficking.  By 2023, law enforcement's analysis of these messages and photos resulted in some 6658 arrests worldwide following the interception and analysis of over 115 million criminal conversations, by an estimated 60,000 users. 


Key members of one identified OCG which traded cocaine, ketamine, and cannabis on a large scale used the nicknames: Obi-Wan Kenobi, Pinocchio, Grandma Maria, Milly, Nestor, (the name of a Ukrainian anarchist revolutionary, Nestor Ivanovic Machno) and the street artist "Banksy".  The latter being the nom de plum used by Andrea Deiana.

According to reconstructions by prosecutors, decrypted messages sent by Deiana in 2020, discussed ways to "clean the money" made through the network's drug trade, using sales of works of art and, in at least in one case, through the purchase of a lithograph by the street artist Banksy brokered via Deiana and his gallery in the heart of Amsterdam.  

Speaking to then-fugitive-from-justice Vincenzo Amato, a member of the Coluccia clan of Galatina in the Salento hinterland, Deiana wrote, "you can clean money without paying expenses, on the contrary, earning" and openly boasted about using his Dutch art gallery as a "washing machine." 

The Italian art dealer then is alleged to have funnelled €500,000 in proceeds from drug dealing into the purchase of an important autographed lithograph by the street artist Bansky which depicts the famous mural painted by the artist in Jerusalem on the wall between Israelis and Palestinians, known as The Flower Thrower.  Afterward, Deiana flipped the lithograph via his cuban girlfriend, to Pier Giulio Lanza, the controversial founder of The Dynamic Art Museum, for €200,000, plus a future balance of investments of digital NFTs, which apparently never took off. 

As part of a prosecutorial action, in May 2020 the Dutch judicial authority sealed Art3035,  Deiana's and his girlfriend Chiara D'Agostino's contemporary gallery on Amsterdam's Keizersgracht, one of the three main canals in the Dutch city  in compliance with an international rogatory.  On or around this date their socials also went dead.

After a year and a half on the run, Deiana was dragged back to Italy from Mexico City on 13 January 2024 in order to stand trial on drug charges in Italy.  Sentenced quickly  thereafter, in the court of first instance, to 16 years and 8 months in prison as the promoter of the criminal association, his lawyers quickly appealed.  This week, the Court of Appeal of Milan upheld a sentence of 12 years incarceration plus the confiscation, at the request of the deputy attorney general Paola Pirotta, of  The Flower Thrower lithograph by Banksy. 

Deiana's conviction is a textbook example of how the subjective valuation of art can make it an effective tool for money laundering. Criminals and “prestanome” (or front) dealers can move large sums of illicit money through art transactions without attracting the scrutiny of banks or regulators, effectively masking the money’s illegal origins. Artworks are also highly portable, making them ideal for transferring illicit funds across borders and further complicating efforts to track and control the flow of illegal money.

By:  Lynda Albertson

March 17, 2024

Girolamini Library Theft - Convictions and acquittals in the network of every bookworm's antichrist


Last week, after some eleven years and over one hundred and twenty hearings, the Court of Naples, presided over by Maurizio Conte, announced some lengthy sentences and penalties in the pursuit of justice with regards to the 1,500 volumes of historical interest and textual treasures that were pilfered from the Biblioteca e Complesso monumentale dei Girolamini

Sentencing la banda degli (dis)onesti

On 12 March 2024 the first criminal section of the Naples court sentenced six defendants (in the first degree) for a series of episodes of embezzlement.  Those convicted were:

Massimo Marino De Caro, the former director of the Girolamini library until 1992 was sentenced to an additional 5 years and 3 months for his primary role in the theft of thousands of volumes from the historic Girolamini library, on top of the 7 years assigned in 2013;

Maurizio Bifolco, of Libreria Antiquaria Calligrammes srl was sentenced to five years and six months; 

Mirko Camuri,  a Verona dance teacher involved in numerous suspicious sales of ancient books, was sentenced to an additional 1 year on top of the 4 years and eight months previously announced.

Luca Cableri,  of Theatrum Mundi and Studio Bibliografico Wunderkammer was sentenced to four years and six months;

Stéphane Alexandre Delsalle, of Librairie De Ce Paysci Di Delsalle Stephane (also operating as Livre Rare Books (LRB), was sentenced to four years in prison; 

Stefano Ceccantoni, an Orvieto antiquarian was sentenced to two years and six months

Of these, Bifolco is a familiar figure in the London book world and is said to have acted as agent to Italian booksellers handling material from the Girolamini.  He is not a member of ALAI (the Italian ABA), but Cableri and Solni were, until they were suspended. 

Ceccantoni, who eventually collaborated with the magistrates and revealed many details of the case gave statements about some of the activities of the group. 

"I went to Naples to the Girolamini library at least six times." – stated Ceccantoni in the report filed in the investigation documents. He also admitted to loading boxes of books into De Caro's car in the middle of the night. 

Others swept up in the investigation, including Don Sandro Marsano, the priest in charge of the Congregation of the Oratorians of Naples (defended by lawyers Manlio Pennino and Bruno von Arx),  Alejandro Eloy Cabello, Cesar Abel Cabello, Viktoriya Pavloskiy, Federico Roncoletta and Lorena Paola Weigant were acquitted of all charges.  This despite requests from the prosecutor, who during the indictment had asked for 10 years of imprisonment for all the accused.

In terms of financial penalties, the Court ordered property confiscations from De Caro, Delsalle, Cableri and Bifolco, as well as the confiscation of rare books in De Caro's possession. The Court also ordered the confiscation of liquid assets in the form of money held in accounts and securities registered in Bifolco's name which were frozen by the investigating judge on 22 April 2012 and on 28 May 2014 and which totalled 8 and a half million euros. 

Background of the Library:

The extraordinary Girolamini Library of Naples is home to almost 160,000 ancient manuscripts and books and opened its doors to the public in 1586.  Built alongside the Church and Convent of the Girolamini, the library served as the convent’s Oratory and is believed to be one of the richest libraries in Southern Italy.

The collection, which includes many rare editions dating from the sixteenth and seventeenth centuries, is centred on Christian theology, philosophy, sacred music, and the history of Europe and the Catholic Church.  After the massive Irpinia earthquake, which struck Campania in 1980 the Biblioteca e Complesso monumentale dei Girolamini remained closed for an extended period.  The library's collection, off limits to anyone except specific scholars with collection permissions, suffered from a lengthy period of neglect, only to then be plundered by a network of individuals tasked with its very protection.


Details on the thefts:

In April 2012 it was discovered that as many as 1500 important texts were missing from the library.  At the epicentre of the scandal was the library's appointed director, Marino Massimo de Caro, who was swiftly suspended and subsequently charged with  embezzlement.  Alongside him, other accomplices from Italy, Argentina, and the Ukraine would also be implicated and later prosecuted as a result of the scandal.

On 19 April 2012 the Biblioteca de Girolamini was formally impounded by the judicial authorities as Naples prosecutor, Giovanni Melillo oversaw an investigation into the library's thefts.  This months ruling concludes that impoundment.  

As part of this investigation, the prosecutor authorised the tapping of De Caro's phone, through which Melillo and investigators learned that the library's former director had been stashing looted books in his home, in a storage unit in Verona, and in the basement of an accomplice’s aunt residence, as well as arranging to sell many others onward through various channels.  

Some stolen volumes were fenced through major Italian dealers as well as private collectors. An additional 543 books travelled on to Germany where they were to be auctioned on May 9, 2012 at the Bavarian auction house Zisska & Schauer in Munich after accomplices to the Girolamini library thefts stripped the institution's markings from the titles before their upcoming sale.

While under questioning, De Caro would claim that the books sent to Munich were from his own personal collection.  Despite this, investigations determined that many of the consigned texts in fact came from both the Girolamini Library and the priests’ convent library and that the auction house Zisska & Schauer had paid an emissary of De Caro’s nine hundred thousand euros in advance of the texts' auction date, with De Caro expecting to receive a million euros more after the bidding closed.

With requests for assistance in hand, the German authorities halted the sale at Zisska & Schauer, and later arrested the company’s executive director, Herbert Schauer.

Although this trial focused on the embezzlement of hundreds of volumes from the Girolamini Library, De Caro has been connected to thefts from additional targeted institutions. 

Herbert Schauer was arrested by German authorities on 2 August 2013, following the execution of a European arrest warrant. He was subsequently sentenced in the first degree by the Court of Naples to 5 years of imprisonment for his involvement in receiving stolen property,  however his sentence was overturned by the Italian Court of Cassation.

Call for Collaboration:

ARCA would like to remind book and manuscript collectors that the market for archival literary heritage might be a niche market, but it is still a flourishing one, and one that often overlaps with fine art crimes, driven by the high prices some collectors are willing to pay for the rarest of rare publications.  

Acknowledging that some good faith purchases may be in possession of these stolen items without knowledge of their illicit origin, the Italian authorities are now stressing the need for help from the general public, as well as antiquarian book dealers, and professionals worldwide who are more likely to come in contact with the library's rare material. 

In furtherance to this, the Italian Ministry of Culture has released a 31-page list of the most important stolen texts documented as having been stolen which are known to have been circulated at some point after their theft in Naples.  This list can be reviewed here.

Please note that this listing does not appear to have been uploaded to ILAB's stolen book database which is often the first place most book collectors turn to when checking the legal status of books, manuscripts, and maps that may have been the subject of thefts which have occurred from June 15, 2010 onward.  

Given these items have not been uploaded to the ILAB database (yet), the linked list should be downloaded so that buyers can check for themselves to see if any text they have been offered or may have already purchased has been documented as stolen from this Naples library.  

March 8, 2024

Museum Theft: One million euros worth of jewellery stolen from a temporary exhibit at the Vittoriale degli Italiani Museum in Italy

Forty-nine jewellery pieces, created by twentieth century sculptor, painter, and Italian partisan, Umberto Mastroianni have disappeared during a burglary between Tuesday and Wednesday night at the house-museum, Vittoriale degli Italiani in Gardone Riviera, which was once home to Italian poet and novelist Gabriele D'Annunzio.  One object was dropped when the thief or thieves departed. All of the pieces had been on temporary loan, as part of an exhibition titled: Come un oro caldo e fluido. Gli ori di Umberto Mastroianni, curated by Alberto Dambruoso, which featured bracelets, pendants, rings, brooches, plates and sculptures created by the artist between the 1950s and 1990s using the 'lost wax' method.  

Set up in an underground portion of the villa, the jewellery had been on display since December 30th.  Stolen just days before the exhibition was scheduled to conclude, and is initially believed to have perhaps been a theft to order, as the gang only stole objects from the Mastroianni exhibition and not pieces attributable to Gabriele d'Annunzio, for whom the museum is named, or other jewellery pieces another master goldsmith, Mario Buccellati (a friend of D'Annunzio), which were also on display. 


The theft was discovered yesterday by the Vittoriale's custodians who arrived at the museum only to discover the showcases empty. The theft was reported immediately to the local Carabinieri barracks and is being conducted with the support of the provincial command of Brescia as well as specialists from the Carabinieri TPC Nucleo in Monza. 

All 49 of the missing objects which were part of this exhibition are depicted within this blog post.

The artist Mastroianni, was the uncle of Italian actor Marcello Mastroianni and was born in Fontana Liri on 21 September 1910.  His first solo exhibition took place in 1931 in Genoa and by 1935 he had already participated in the National Art Quadrennial in Rome.  In 1936 he achieved notoriety at the XX Venice Biennale before joining the Italian Resistance, fighting in the partisan formations of the Canavese during World War II.   Highlights of his career also included the International Grand Prize for Sculpture at the Venice Biennale in 1958 and the Tokyo Imperial Prize in 1989. That same year he was appointed a Knight of the Grand Cross of the Order of Merit of the Italian Republic, the highest honour granted by the President of the Republic.

Up until the 1940s the artist was a classical sculptor in the traditional sense, only later creating the contemporary styles stolen in this heist. With losses currently estimated to be at one million euros, a press conference is scheduled for tomorrow to provide further details regarding the burglary. 
















**Image Credit ANSA

January 27, 2024

Italy Takes Action: Preventive Seizure Decree Targets Stolen Books from Girolamini Library and a list of Hot Texts


Italy's Ministry of Culture, in collaboration with the Public Prosecutor's Office at the Court of Naples, has announced a significant move in the pursuit of justice for its stolen textual treasures. A preventive seizure decree has been issued in early 2024 highlighting 361 important texts, carefully selected from those known to have been pilfered from the Biblioteca e Complesso monumentale dei Girolamini and which have not (yet) been recovered. 

Objective of the Seizure:

The decree, the execution of which is left to the Naples unit of the Comando Carabinieri per la Tutela del Patrimonio Culturale, aims to locate and seize rare Girolamini texts wherever they may be. This effort also extends to encouraging the spontaneous restitution of stolen editions by current holders who might be unaware of the illicit origin of specific titles they may have inadvertently purchased but known to have been stolen from the library.

Background of the Library:

The extraordinary Girolamini Library of Naples is home to almost 160,000 ancient manuscripts and books and opened its doors to the public in 1586.  Built alongside the Church and Convent of the Girolamini, the library served as the convent’s Oratory and is believed to be one of the richest libraries in Southern Italy.

The collection, which includes many rare editions dating from the sixteenth and seventeenth centuries, is centred on Christian theology, philosophy, sacred music, and the history of Europe and the Catholic Church.  After the massive Irpinia earthquake, which struck Campania in 1980 the Biblioteca e Complesso monumentale dei Girolamini was closed for an extended period.  The library's collection, off limit to anyone except specific scholars with collection permissions, suffered from a lengthy period of neglect, only to be plundered by a network of individuals tasked with its very protection.



Details on the thefts:

In April 2012 it was discovered that as many as 1500 important texts were missing from the Biblioteca dei Girolamini. At the epicenter of the scandal was the library's appointed director, Marino Massimo de Caro, who was swiftly suspended and subsequently prosecuted for embezzlement.  Alongside him, other accomplices from Italy, Argentina, and the Ukraine would also be implicated and later prosecuted as a result of the scandal.

On 19 April 2012 the Biblioteca de Girolamini was formally impounded by the judicial authorities as Naples prosecutor, Giovanni Melillo oversaw an investigation into the library's thefts.  As part of this investigation, the prosecutor authorised the tapping of De Caro's phone, through which Melillo and investigators learned that the library's former director had been stashing looted books in his home, in a storage unit in Verona, and in the basement of an accomplice’s aunt as well as arranging to sell many others onward.   

Some stolen volumes were fenced through major Italian dealers as well as private collectors. An additional 543 books travelled on to Germany where they were to be auctioned on May 9, 2012 at the Bavarian auction house Zisska & Schauer in Munich after accomplices to the Girolamini library thefts stripped the institution's markings from the titles to be auctioned. 

While under questioning, De Caro would claim that the books sent to Munich were from his own personal collection.  Despite this, investigations determined that many of the consigned texts in fact came from both the Girolamini Library and the priests’ convent library and that the auction house Zisska & Schauer had paid an emissary of De Caro’s nine hundred thousand euros in advance of the texts' auction date, with De Caro expecting to receive a million euros more after the bidding closed.

With requests for assistance in hand, the German authorities halted the sale at Zisska & Schauer, and later arrested the company’s executive director, Herbert Schauer.

Ultimately, De Caro was sentenced to seven years in prison, coupled with a lifetime ban from holding public office. His expedited trial focused on the embezzlement of hundreds of volumes from the Girolamini Library, although De Caro has been connected to thefts from additional targeted institutions. 

Other defendants, including Viktoriya Pavlovsky, Alejandro Cabello, Mirko Camuri, Lorena Paola Weigandt, Federico Roncoletti, and Herbert Schauer also faced legal consequences, with varying prison terms and exclusions from public office. Viktoriya Pavlovsky, De Caro's young assistant, received a sixty-four-month prison term and permanent exclusion from public office, Alejandro Cabello and Mirko Camuri, described in the press as bodyguards, were both sentenced to fifty-six months in prison.  Lorena Paola Weigandt, who loaded stolen books from the library into the car and took them to Verona and another Verona resident, Federico Roncoletti each received sentences of thirty-two months in prison. 

Herbert Schauer was arrested by German authorities on 2 August 2013, following the execution of a European arrest warrant. He was subsequently sentenced in the first degree by the Court of Naples to 5 years of imprisonment for his involvement in receiving stolen property,  however his sentence was overturned by the Italian Court of Cassation.

Call for Collaboration:

ARCA would like to remind book and manuscript collectors that the market for archival literary heritage might be a niche market but it is a flourishing one that often overlaps with fine art crimes, driven by the high prices some collectors are willing to pay for the rarest of publications.  

Acknowledging that some good faith purchases may be in possession of these stolen items without knowledge of their illicit origin, the Italian authorities are now stressing the need for help from the general public, as well as antiquarian book dealers, and professionals worldwide who are more likely to come in contact with the library's rare material. 

In furtherance to this, the Italian Ministry of Culture has released a 31-page list of the most important stolen texts documented as having been stolen which are known to have been circulated at some point after their theft in Naples.  This list can be reviewed here.

Please note that this newly released listing does not appear to be uploaded to ILAB's stolen book database which is often the first place most book collectors turn to when checking the legal status of books, manuscripts, and maps that have been the subject of thefts which have occurred from June 15, 2010 onward.  

Given these items have not been uploaded to this database, the linked list should be downloaded so that buyers can check for themselves to see if a text they have been offered or purchased has been documented as stolen from the Naples library.  

December 3, 2023

Claiming Legacies: Italy, Germany, and the Post-WWII Ownership Battle for the Discobolus

Image Credit: Exhibition Arte Liberata 1937-1947: Masterpieces Saved from War.

This past week Italy's Corriere della Sera newspaper stirred up a long-standing dispute between Italy's National Roman Museum and Germany's Antikensammlungen state antiquities collection regarding who is the rightful owner of the Discobolus Lancellotti, also known as the Discobolus Palombara.  Frozen in a moment of dynamic tension, much like the ownership debate, the marble depiction of an athlete stands as a remarkable example of the classical aesthetics that characterised the ancient world. 

Believed to be a 2nd Century CE marble copy modelled after the original bronze Greek masterpiece created by Myron of Eleutherae around 450 BCE, the Roman version has endured through the centuries and offers its viewers a fascinating glimpse into the Roman's appreciation for the athletes and artistry of the Greeks, as well as the contentious nature of provenance.  The statue depicts the sportsman frozen in a moment of athletic intensity, poised like a coiled spring wound in high tension, to intricately render the disk thrower's musculature and balance. 

The anatomy of the discobolus,
as drawn by the talented @PaulCarneyArts

Rediscovered on the Esquiline Hill in Rome on March 14, 1781 during an excavation carried out by workmen working for the Marquise Barbara Savelli Palombara (1750–1826) and her husband Papal postmaster Camillo Francesco Massimo (1730–1801), the statue was unearthed on the grounds of the 17th century Villa Palombara sull'Esquilino.  There, the accidental archaeology of the diggers unearthed what would turn out to be an extraordinary collection of ancient artistic masterpieces, only one of which was the life-size, 156 centimetre-tall Discobolus.  

The ancient Villa Palombara in a map engraved by
Giovanni Battista Falda (1676).

Initially cleaned in the 18th century by Giuseppe Angelini, it was Italian soon-to-be  archaeologists Giovanni Battista Visconti and Filippo Waquier De La Barthe who first published on the the marble sculpture as a Roma copy of Muron's bronze original in 1801, augmenting their research with an illustration by Carlo Fea. 

Depicting an athlete who competed in Greek agones (athletic competitions), the sculpture's popularity became uniquely recognisable, even to non art historians.  Its discovery also provided us with a fascinating glimpse into the artistic preferences and lavish lifestyles of ancient Rome's elites, and marked a seminal moment in what we now know and understand about artistic preferences in the classical period.   

Having reattached his right arm and left foot, the Discobolus sculpture was taken by the Massimo (later Lancellotti) family to Palazzo Massimo alle Colonne, the site of the family's ancestral properties, located on Via Papalis (now Corso Vittorio Emanuele II).  There it was given its own private viewing room on the palazzo's piano nobile or main floor.  Later, it would it be installed by Prince Filippo Massimo Lancellotti and Princess Elisabetta Borghese Aldobrandini at the Palazzo Massimo Lancellotti.

By January 1937 the Lancellotti family was actively shopping the sculpture for a new owner.  Following the 25 January 1937 death of Princess Elisabetta Borghese Aldobrandini, we can document a 29 January 1937 letter written by Gisela Richter to The Metropolitan Museum of Art's director, Herbert E. Winlock, where the US museum director was alerted to the fact that the Discobolus had been shopped by “the very difficult old lady at the head of the house” to foreign museums. 

Yet despite the Met's rather healthy and hastily-gathered purchase budget, capped at $300,000 including export fees, and with Joseph Brummer acting as the museum's purchasing agent through Roman antiquities’ dealers, Ettore and Augusto Jandolo, the Met moved too slowly and the marble sculpture was sold to the German state.  As a consolation prize, the Met was still able to acquire a marquetry studiolo from Federico da Montefeltro’s palace in Gubbio which was sold by the Lancellotti family in 1937 to Adolph (Adolpho) Loewi, a German-Jewish art and antiquities dealer who flipped the piece to the Met before leaving Italy in 1939. 

Germany's fascination with the Discobolus 

Even before its purchase, the discobolus was firmly cemented in the hearts of Germans.  More so when held up as the ideal in the rhetoric, propaganda, art, and architecture of National Socialism.  This fascination can be seen in the evocative prologue of the 1936 film directed by Leni Riefenstahl Olympia – Festival of Nations which documented that summer's Olympics, held in the Olympic Stadium in Berlin during the Nazi period. 

Released in Germany on Hitler’s birthday on 20 April 1938, one month shy of the Nazis’ purchase of the statue, the film begins with a fanciful recreation of the ruins of the Acropolis of Athens, focusing in, with short clips, on a varying group of Greek statues before the montage concludes with a clearer image of the Discobolus as it gradually morphs into the ideal German athlete, Erwin Huber, who competed in the men's decathlon. His transformation was meant to illustrate the 'Vigour and beauty' of ancient Greece reborn in the athleticism and perfect physical form of modern Germany.

But back to the sale of the Discobolus

Bear in mind that in 1937 when Adolf Hitler first expressed interest in the Discobolus, Italy's cultural property was already protected by Law No. 364/1909, commonly referred to as the 'Rosadi-Rava Law.  This law, approved by the Italian parliament, stated that when a good owned by an individual or a private entity is classified as cultural property, the owner remained under an obligation to preserve its integrity (Article 20(1)(a) of the CHC). Furthermore, an authorisation by the Ministry of Education was required before such objects could be moved from their current location, for example, for a showing at an exhibition (Article 20(1)(b) of the CHC)3 or for restoration (Article 20(4) of the CHC).  

In the case of sale, a privately owned antiquity, classified as cultural property, might be sold, but the seller has an obligation to notify the contract to the Italian State within 30 days of the date of the sale.  In case of sale, the State has a pre-emption right, to be exercised within 60 days of the date of receipt of the sale notice (Article 59 of the CHC), all this to say that cultural property of a historic interest to the stated should not have been exported from the national territory on a permanent basis. 

Despite this, Benito Mussolini forced the hand of his then-Minister of Education, Giuseppe Bottai, by tacitly approving an export waiver to Adolf Hitler and not stepping in to deny the statue's export. On 18 May 1938 Galeazzo Ciano, Mussolini’s son in law and the Foreign Minister of Fascist Italy from 1936 to 1943, completed the sales transaction for the Discobolus.  The selling price was five million lire, ($252,000, as calculated later by the US Office of Military Government [OMGUS]), paid out over the protests of Giuseppe Bottai, Minister of Education, and the scholarly community. The German government then paid an additional 1,485,000 lire in export tax to complete the acquisition. 

On 29 June 1938 the Discobolus was shipped by train to Germany and was put on display at the Munich Glyptothek, with Hitler in attendance for its opening premiere on by 10 July 1938.  Some say Hitler opted for the Munich museum over the Staatliche Museen zu Berlin as a technique of oneupmanship.  One hundred years earlier, Ludwig I, the King of Bavaria, had sought to purchase the famous statue for his own collections. 

Adolf Hitler in the Munich Glyptothek with the Lancellotti Discobolus,
10 July 1938 - Image Credit US Library of Congress

The Lancellotti Discobolus then spent a decade in Germany, enduring the tumultuous period of World War II and escaping the heavy damage to the Glyptothek in the summer of 1944, when the museum was badly hit by Allied bombing raids. Thankfully, the bulk of the Glyptothek collection of sculptures and works of art had previously been brought to safety in monasteries. What had to be left behind, and not immediately destroyed by the bombing, suffered severe damage in the waning years before its restoration, as the cultural heritage institution was left without a roof. 

The remains of the Roman Hall of the Munich Glyptothek in 1945
.
After the war, the Discobolus was ordered to be returned to Italy, as part of a broader repatriation effort termed the “Exceptional Return of Works of Art” by Allied authorities.  Rodolfo Siviero, Italy's postwar representative dedicated to repatriating art taken from the country since 1937, was known to have played a pivotal role in advocating for the return of the marble statue and other contentious works of art. These pieces, all acquired by the National Socialist government, were contested on the grounds that the export permits were illegal, and in violation of the law of 1909. 

But the return of the Discobolus was not without its controversies. On Germany's side, letters of protest were sent to the U.S. Secretary of State, as well as to President Truman.  One of these was signed by thirty-six German staff members working at the Munich Central Collecting Point (CCP).  Another letter of protest, organised by a professor at the University of Munich, was signed by eighty-eight German officials.  

Calls for the decision's repeal were subsequently directed to the colonial authority known as the Office of Military Government, United States, (OMGUS) in Berlin and ultimately culminated in the resignation of Herbert S. Leonard, in November 1948, from his position as director of the Munich Central Collecting Point (CCP).  Leonard having resigned in opposition to OMGUS's fixed decision to return seventeen paintings and the sculpture to the Italian government.

The Italian authorities have always maintained that the collection was seized by Fascist leaders and gifted to the Nazis. While Leonard and others working on the provenance of objects held at the collecting point pointed to the fact that sculpture had been purchased by Nazi Germany in 1938 after Mussolini declared an "axis" between Germany and Italy on 1 November 1936 and prior to the start of World War II on 31 August 1939 and was therefore not an under duress sale.

Once back in Italy, in 1948, the Discobolus became part of the collection of the National Roman Museum at Palazzo Massimo.  More recently it has been part of an exhibition at the Scuderie del Quirinale titled Arte Liberata 1937-1947: Capolavori Salvati dalla Guerra dedicated to the theme of cultural heritage at risk during World War II.  Afterwards, following a major reorganisation which is anticipated to take three years, the statue is expected to be moved permanently to Palazzo Altemps, close to Piazza Navona.   As for whose property the statue is, well I will leave that debate to the lawyers. 



By: Lynda Albertson


September 6, 2022

Museum restitutions are more than just the sum of their numbers

Image Credit - HSI - ICE

On 21 February 2006 the Metropolitan Museum of Art and the Italian government signed an agreement under which the Met agreed to return 21artefacts looted from archaeological sites within Italy's borders. With that accord, the New York museum yielded its prized sixth-century BC "hot pot," a Greek vase known as the Euphronios krater.  

As part of that historic accord, the museum also relinquished a red-figured Attic amphora by the Berlin Painter; a red-figured Apulian Dinos attributed to the so-called Darius Painter; a psykter with horsemen; a Laconian kylix, and 16 rare Hellenistic silver pieces experts determined were illegally excavated from Morgantina in Sicilia.  It also included a carefully-worded clause which stated:

I) The Museum in rejecting any accusation that it had knowledge of the alleged illegal provenance in Italian territory of the assets claimed by Italy, has resolved to transfer the Requested Items in the context of this Agreement. This decision does not constitute any acknowledgement on the part of the Museum of any type of civil, administrative or criminal liability for the original acquisition or holding of the Requested Items. The Ministry and the Commission for Cultural Assets of the Region of Sicily, in consequence of this Agreement, waives any legal action on the grounds of said categories of liability in relation to the Requested Items.

Admitting no wrongdoing, where there surely was some, this unprecedented and then-considered watershed resolution, put an end to a decades-old cultural property dispute, with both sides choosing the soft power weapon of collaboration and diplomacy, complete with agreed upon press releases that enabled Italy to get its stolen property back without the need for costly and sometimes fruitless litigation.  

The signing of this 2006 agreement was thought to usher in a new spirit of cooperation between universal museums and source nations that those working in the field of cultural restitution hoped would permanently alter the balance of power in the international cultural property debate.  At the time of its signing at the Italian cultural ministry, the Met's then-director, Philippe de Montebello, said the agreement "corrects the improprieties and errors committed in the past."

Heritage advocates applauded the agreement, hopeful that museums around the globe would begin to more proactively explore their own problematic accessions and apply stricter museum acquisition policies to prevent looted material from entering into museum collections.  Coupled with collaborative loan agreements, museums and source country accords like this one, combined with strongly worded ethics advisories, like the one set forth that same year by the International Council of Museums in their ICOM Code of Ethics for Museums should have served to eliminate the bulk of problematic museum purchases and donations without the need for piece by piece requests for restitution and protracted and costly litigation. 

But has it? 

The aforementioned ICOM document clearly states: 

4.5 Display of Unprovenanced Material

Museums should avoid displaying or otherwise using material of questionable origin or lacking provenance. They should be aware that such displays or usage can be seen to condone and contribute to the illicit trade in cultural property.

8.5 The Illicit Market

Members of the museum profession should not support the illicit traffic or market in natural or cultural property, directly or indirectly.

Yet, here we are, 16 years after that signing of the Met-Italy accord, with the same universal museum [still] hanging on to and displaying material of questionable origin, long after their questionable handlers have been proven suspect. Likewise, 16 years later, and with the persistence of the Antiquities Trafficking Unit at New York District Attorney's Office in Manhattan, we see another 21 objects being seized last month from the largest art museum in the Western Hemisphere.   

In total, some 27 artefacts have been confiscated in the last year from the Metropolitan Museum of Art,  In 2022 alone, five search warrants have resulted in seizures of pieces from within the museum's collection,  demonstrating that the Met, and other universal museums like it, (i.e., the Musée du Louvre and the Louvre Abu Dhabi) have yet to satisfactorily master the concepts of “provenance” research and “due diligence”. 

Founded in 1870, the MMA's mission statement states that it "collects, studies, conserves, and presents significant works of art across time and cultures in order to connect all people to creativity, knowledge, ideas, and one another."  Yet, despite holding many problematic artefacts purchased, not only the distant past, but also in the recent, the Met still struggles with the practical steps it should be taking regarding object provenance and exercising due diligence, both before and after accessioning purchases and donated material into their collection.

As everyone [should] know by now, the concept of provenance refers to the history of a cultural object, from its creation to its final destination.  Due diligence, on the other hand, refers to a behavioural obligation of vigilance on the part of the purchaser, or any person involved in the transfer of ownership of a cultural object, (i.e., museum curators, directors, legal advisors etc.,).  This need for due diligence stretches beyond the search for the historical provenance of the object, but needs to also strive to establish whether or not an object has been stolen or illegally exported.  

So while we applaud the Metropolitan Museum of Art for having been fully supportive of the Manhattan district attorney’s office investigations, as has been mentioned in relation to the August 2022 seizure, we would be remiss to not  question why, in the last 16 years, and despite the fact that the “Met’s policies and procedures in this regard have been under constant review over the past 20 years,” the museum has still not addressed these problematic pieces head on.  

This museum is home to more than two million objects. Despite the responsibility and gravitas required for building and caring for such a large collection of the world's cultural and artistic heritage, the Met has yet to establish a single dedicated position, with the requisite and necessary expertise, to proactively address the problematic pieces it has acquired in the past, and to serve as a set of much needed set of breaks, when evaluating future acquisitions, so that the next generation of identified traffickers, don't also profit from the museum's coffers as they did with the $3.95 million dollar golden coffin inscribed for Nedjemankh and five other Egyptian antiques worth over $3 million confiscated from the museum under a May 19 court order.  

For the most part, provenance has been carried out haphazardly, and by only one or two people, working in specific departments, primarily in curatorial research rolls that only covering specific historical time frames or one or two material cultures. The lack of that comprehensive expertise brings us to apologetic press statements and a plethora of seizures like ones we have seen over the last year.  

But moving on to what was seized at the Metropolitan Museum of Art on 13 July 2022. The $11 million worth of objects include: 

a. A bronze plate dated ca. 550 BCE ,measuring 11.25 inches tall, and valued at $300,000.  

This artefact was donated by Norbert Schimmel, a trustee at the Metropolitan Museum of Art, who, during his tenure, was member of the Met's acquisitions committee.  By 1982 he was known to be purchasing antiquities from Robin Symes via Xoilan Trading Inc., Geneva.  This firm shared a Geneva warehouse address (No. 7 Avenue Krieg in Geneva) with two of Giacomo Medici’s companies, Gallerie Hydra and Edition Services.

Symes is noted as being one of the leading international merchants of clandestinely excavated archeology.  His name appears in connection with four different objects in this Met seizure. 

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b. A marble head of Athena, dated ca. 200 BCE, measuring 19 inches tall and valued at $3,000,000.  

This Marble Head of Athena was with Robin Symes until 1991, then passing to Brian Aitken of Acanthus Gallery in 1992.  It was then sold to collectors Morris J. and Camila Abensur Pinto, who in turn, loaned the artefact to the Met in 1995.  It was then purchased by the Metropolitan in 1996.  

Symes's name appears in connection with four different objects in this Met seizure, while Aitken's name comes up frequently as having bought from red flag dealers.  His name appears in connection with two different objects in this Met seizure. 

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c. A fragmentary terracotta neck-amphora, dated ca. 540 BCE, measuring 14.75 inches tall and valued at $350,000. 

This fragmented neck-amphora was purchased by the Met from Robert Hecht (Atlantis Antiquities) in 1991.  Four years later, Hecht's name would appear in seized evidence outlining his key position at the top of two trafficking cordata on a pyramid org chart which spelled out seventeen individuals involved in one interconnected illicit trafficking network.  

Archaeological artefacts sold by Hecht have been traced to the collections of the Met, the British Museum, the Musee du Louvre, and numerous other U.S. and European institutions, many of which have been determined to have come from clandestine excavations.

Polaroids photographs of this artefact, shot after the advent of Polaroids in 1972, are among the seized materials found within the Giacomo Medici archive.  These photos  depict the neck-amphora balanced precariously on a rose-colored upholstered chair. 

As mentioned above, Hecht's name appears in connection with three different objects in this Met seizure. 

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d. A terracotta red-figure kylix, dated ca. 490 BCE, measuring 13 inches in diameter, and valued at $1,200,000.

This fragmented kylix was purchased from Frederique Marie Nussberger-Tchacos in 1988 and consolidated with other terracotta fragments purchased earlier from Robert Hecht in 1979. 

In 2002 Tchacos was the subject of an Italian arrest warrant in connection with antiquities laundering.  And again, as mentioned above, Hecht's name appears in connection with three different objects in this Met seizure. 

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e. A marble head of a horned youth wearing a diadem, dated 300-100 BCE measuring 14 inches tall, and valued at $1,500,000.

This marble head of a horned youth wearing a diadem passed through the ancient art collection of Nobel Prize winner Kojiro Ishiguro, another client of Robin Symes.  It was then purchased by Robert A. and Renee E. Belfer when sold by the Ishiguro family via Ariadne Galleries.  Afterwards it was gifted by the Belfers to the Met in 2012. 

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f. A gilded silver phiale, dated ca. 600-500 BCE, measuring 8 inches in diameter, and valued at $300,000. 

This long-contested gilded silver phiale was purchased via Robert E. Hecht in 1994.  As mentioned previously Hecht's name appears in connection with three different objects in this Met seizure. 

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g. A glass situla (bucket) with silver handles, dated ca. 350-300 BCE, measuring 10.5 inches tall, and valued at $400,000.

This unique glass situla was purchased by the Met through Merrin Gallery in 2000. Photos and proof of sale of this artefact are documented in the archive of suspect dealer Gianfranco Becchina.  Correspondence within in the Becchina Archive cache of business records shows communication between the Sicilian dealer and Ed Merrin and/or his gallery dating back to the 1980s.  In the book, The Medici Conspiracy, by Peter Watson and Cecelia Todeschini, the writers cite one letter written by Merrin Gallery to Becchina, where Becchina was asked not to write his name on the back of photos of antiquities he sent for consideration.

Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure. Merrin Gallery appears in connection with multiple objects within this seizure. 

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h. A terracotta lekythos, dated ca. 560-550 BCE, measuring 5.3 inches tall and valued at $20,000.

This terracotta lekythos was purchased from Galerie Antike Kunst Palladion in 1985 the same year Becchina sold a suspect krater by the Ixion painter to the Musée du Louvre. 

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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i. A terracotta mastos, dated ca. 520 BCE, measuring 5.5 inches in diameter and valued at $40,000.

Before he even moved to Switzerland, Gianfranco Becchina was already selling to the J. Paul Getty Museum in 1975.  According to the Met's records, which we believe contain a date error, this terracotta nipple-shaped cup was purchased from Antike Kunst Palladion in 1975.  However, records show that Becchina emigrated from Castelvetrano in Sicily to Basel, Switzerland after having undergone a bankruptcy procedure in 1976 and formed the Swiss business that same year.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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j. A fragment of a black-figure terracotta plate, dated ca. 550 BCE, measuring 3 by 2.5 inches and valued at $4,000.

This fragment, attributed to Lydos, was purchased by the Metropolitan from Galerie Antike Kunst Palladion in 1985. 

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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k. A fragment of a black-figure terracotta amphora, dated ca. 530 BCE, measuring 2 by 2.6 inches and valued at $1,500.

This fragment, attributed to the Amasis Painter, was purchased from Galerie Antike Kunst Palladion in 1985.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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1. A pair of Apulian gold cylinders, dated ca. 600-400 BCE, measuring 2.25 inches in diameter and valued at $10,000. 

This pair of gold Apulian cylinders was gifted to the Metropolitan Museum of Art in 1981 by Mr. and Mrs. Gianfranco Becchina.

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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m. A bronze helmet of Corinthian type, dated 600-550 BCE, measuring 8.5 by 7.75 and valued at $225,000.

This helmet is one of five Met-donated helmets identified as being part of the Bill Blass collection between 1992 and 2002.  It joined the Met in 2003.  Within the Gianfranco Becchina archive is a page of five Polaroid photographs,which depict multiple bronze helmets, including those from the Bill Blass collection which are part of this seizure. 

Also, among the Becchina archive documentary material are two business documents believed to be related to these transactions. 

The first is a 1989 multi-page export document for a grouping of objects being exported to Merrin Gallery indicating the sale of three helmets, one of which is described as "one South Italian Greek Bronze Helmet of the so-called Corinthian type, with bronze pins remaining for the attachment of the lining. "

The second is a fax correspondence from Becchina to Samuel Merrin discussing some sort of transfer regarding a single helmet and Acanthus Gallery.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.  Merrin Gallery appears in connection with multiple objects within this seizure. 

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n. A bronze helmet of South Italian-Corinthian type, dated mid-4th-mid-3rd century BCE, measuring 7.75 inches tall and valued at $125,000.

Like the previous one, this helmet is one of five Met-donated helmets identified as being part of the Bill Blass collection between 1992 and 2002.  It joined the Met in 2003.  Within the Gianfranco Becchina archive is a page of five Polaroid photographs, which depict multiple bronze helmets, including those from the Bill Blass collection which are part of this seizure. 

Also, among the Becchina archive documentary material are two business documents believed to be related to these transactions. 

The first is a 1989 multi-page export document for a grouping of objects being exported to Merrin Gallery indicating the sale of three helmets, Two of which are described as "two South Italian Greek Bronze Helmets, both decorated with incised animals, one with restings [sic] of a plume holder on top."

The second is a fax correspondence from Becchina to Samuel Merrin discussing some sort of transfer regarding a single helmet and Acanthus Gallery.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.  Merrin Gallery appears in connection with multiple objects within this seizure. 



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o. A bronze helmet of Apulian-Corinthian type dated 350-250 BCE, measuring 12 inches tall and valued at $175,000

Like the previous one, this is one of five Met-donated helmets identified as being part of the Bill Blass collection between 1992 and 2002.  It joined the Met in 2003.  Within the Gianfranco Becchina archive is a page of five Polaroid photographs, which depict multiple bronze helmets, including those from the Bill Blass collection which are part of this seizure. 

Also, among the Becchina archive documentary material are three paper business documents. 

The first is a 1989 multi-page export document for a grouping of objects being exported to Merrin Gallery indicating the sale of three helmets,  two of which are described as "two South Italian Greek Bronze Helmets, both decorated with incised animals, one with restings [sic] of a plume holder on top."

The second is a fax correspondence from Becchina to Samuel Merrin discussing some sort of transfer regarding a single helmet and Acanthus Gallery.

The third is a photocopy of this object with a red line through the image and v/ Me written below. While not conclusive, V/Me most likely refers to venduto (sold) Merrin.  

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.  Merrin Gallery appears in connection with multiple objects within this seizure. 

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p. A white-ground terracotta kylix attributed to the Villa Giulia Painter, dated ca. 470 BCE. measuring 6.5 inches in diameter and valued at $1,500,000.

This rare Terracotta kylix is the second highest value item of all 21 artefacts seized.  It joined the Met in 1979. Unfortunately it too was purchased via the Galerie Antike Kunst Palladion.

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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q. A marble head of a bearded man, dated 200-300 CE, measuring 12.2 inches tall and valued at $350,000.

This marble head of a bearded man joined the Met in 1993, purchased from Acanthus Gallery operated by Brian Tammas Aitken.  Gianfranco Becchina archive documents an October 1988 sales receipt to Aitken for "3 Roman Marble heads" for 85,000 Fr.  

As mentioned above, Aitken's name comes up frequently as having bought from red flag dealers and appears on two different objects in this Met seizure. Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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r. A terracotta statuette of a draped goddess, dated 450-300 BCE,  measuring 14.75 inches tall and valued at $400,000.

This terracotta statuette of a draped goddess was donated to the Met by Robin Symes in 2000, in memory of his deceased partner Christos Michaelides.  His name appears in connection with four different objects in this Met seizure. 

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s. A bronze statuette of Jupiter, dated 250-300 CE, measuring 11.5 inches tall and valued at $350,000.

This bronze statuette of Jupiter was acquired by the Met via Bruce McAlpine in 1997. Prior to his death, UK dealer McAlpin had dealings with Robin Symes, Giacomo Medici, and Gianfranco Becchina.

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t. Marble statuettes of Castor and Pollux (on loan), dated 400-500 CE, measuring 24 inches tall and valued at $800,000.

The Dioskouroi had been on anonymous loan to the Metropolitan Museum since 2008 as L.2008.18.1, .2. While the Museum's loan accession record has been removed, a Met catalogue informs us that the statues were "probably from the Mithraeum in Sidon, excavated in the 19th century". 

With a bit more digging Dr. David Gill was able to get further details from the Met itself.  They indicated the pair had come from an "ex private collection, Lebanon; Asfar & Sarkis, Lebanon, 1950s; George Ortiz Collection, Geneva, Switzerland; collection of an American private foundation, Memphis, acquired in the early 1980s".

At some point along their journey, the pair passed through the Merrin Gallery where they were published by Cornelius C. Vermeule, in Re:Collections (Merrin Gallery, 1995).

While a seemingly professional photo of these objects exists in the confiscated Robin Symes Archive, that photo depicts the object prior to restoration.  In that photo,  Castor's leg, and the leg of his horse behind him, are missing.  By the time they arrive to the Met on loan, the two limbs have been reattached. 

As mentioned above, Merrin Gallery appears in connection with multiple objects within this seizure. 

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and lastly,

u. A fragment of a terracotta amphora attributed to the Amasis Painter, dated ca. 550 BCE, measuring 3.25 by 4.5 inches and valued at $2,000. 

This terracotta amphora fragment is attributed to the Amasis Painter. It is one of many examples of fragments bought via Gianfranco Becchina's gallery, Galerie Antike Kunst.  It was acquired+gifted by Dietrich von Bothmer to the Met in 1985.

Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.


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But these seized pieces are more than the sum of these numbers.  They tell us a lot about this one museum's particular lethargy in dealing with or voluntarily relinquishing problematic pieces before being handed a court order.

One thing is certain though, museums reputations certainly do not benefit when dragged into adversarial, long-winded, and sometimes costly claims for restitution.  Nor do they benefit from having their name up in lights when objects are seized on the basis of investigations the museum would have been wise to have done themselves. 

Waiting until either of the above happens also runs counter to, and impedes, the essential purposes of museums, which should be about presenting their collections in innovative ways, and fostering understanding between communities and cultures. The Met would have been better off providing open and equitable discourse about their collection's problems before their hand was forced, as waiting until after says a lot about their true collecting values. 

When museums hedge their bets, hoping that the public's memory is short, or crossing their fingers that source countries are too disorganised, too undermanned or to poor to spend hours looking for problematic works they will pay the price later.  Far better to avoid the painfully slow, one seizure after another reality, and the negative spotlight and mistrust that comes with it, by doing what all museums should be doing, i.e., conscientiously conducting the necessary provenance research and due diligence on their past and potential acquisitions.

Image Credit - HSI - ICE

To close this article, we would like to announce that today, New York DA Bragg returned 58 stolen antiquities valued at over $18 million, to the people of Italy, including a goodly number of the 21 pieces mentioned above.

Image Credit - HSI - ICE

In closing, ARCA would like to thank DA Bragg, Assistant District Attorney Matthew Bogdanos, Chief of the Antiquities Trafficking Unit; Assistant District Attorneys Yuval Simchi-Levi, Taylor Holland, and Bradley Barbour, Supervising Investigative Analyst Apsara Iyer, Investigative Analysts Giuditta Giardini, Alyssa Thiel, Daniel Healey, and Hilary Chassé; who alongside Special Agents John Paul Labbat and Robert Mancene of Homeland Security Investigations as well as Warrant Officer Angelo Ragusa of the Comando Carabinieri Tutela Patrimonio Culturale, Dr. Daniella Rizzo, Dr. Stefano Alessandrini, and Dr. Christos Tsirogiannis gave crucial contributions to the knowledge we have about when, and where, and with whom, these recovered artefacts circulated. 

ARCA would also like to personally thank Assistant District Attorney Bogdanos for the trust he puts in the contribution of forensic analysts inside ARCA and working with other organisation. He and his team's approach and openness has proven time and time again, that such collaboration is worthwhile and fruitful. 

By:  Lynda Albertson