TEFAF Maastricht 2022 Image Credit: ARCA

Earlier this week, ARCA published an article building on an announcement made by Spain's Ministry of the Interior which involved the identification of a looted Egyptian object.  This investigation involved the Policía Nacional in collaboration with the Dutch Politie, and the expertise of forensic scholars, as well as the assistance of cooperating dealers and the support of art fair personnel.  These combined efforts resulted in the voluntary handover of the trafficked artefact in the Netherlands, and later, the reported arrest of a Barcelona-based ancient art dealer who, although unnamed by the authorities, was stated to have been charged with money laundering, smuggling, and document falsification.  

ARCA's article touched on its own research into the circulation of this suspect antiquity and to the object's identified Spanish handler.  In it, I named the dealer whom I (too) had ascertained as having been in possession of this piece after it arrived to Spain from Bangkok before being sold onward to other ancient art dealers in Germany and Switzerland.  

Shortly following the Spanish announcement, the bulk of the reporting by mainstream media covered this investigation by simply regurgitating the Spanish  government's official press release.  ARCA, being a research-based organisation which specifically examines (and sometimes reports on) forensic crimes that impact art and artefacts, opted to provide more detail.  To do so we discussed both the object itself and named its first seller, while also ensuring that in doing so we haven't compromised the work of international police forces.

Too frequently, trafficked artefact reporting becomes routinely formulaic, giving readers cursory information on an object's country of origin, value, age, and the names of involved agencies responsible for that object's recovery.  In this type of reportage, the artefacts themselves take second stage, often reduced to photo opportunities, where they are frequently overshadowed by fancy diplomatic handshakes. Whereas the story of the piece itself, its trafficking journey, its good faith and bad faith handlers and its place in history are often unconsidered, or left to vague statements and assumptions, much in the same way, archaeologists and art historians lament the loss of context when an artefact is extracted from its find spot and the object's history is lost during a clandestine excavation.  

Basic shapes of block statues

Likewise, when describing this partial 18th Dynasty Egyptian block statue most of the published news articles reduced the artefact to its period of creation, i.e., "a stolen Egyptian sculpture dated from 1450 BCE" or spoke to its rudimentary aesthetic characteristic, referring to the piece as simply as "an Egyptian head".  Smuggled clandestinely, often over great distances and hidden in shipments through multiple transit countries, by the time such looted antiquities appear on the ancient art market, where they are displayed in glittering European art galleries and art fairs, the pieces are no longer intact.  

In this case, the less informed buyer, might appreciate this sculpture's beautiful depiction of the head of an Egyptian male.  I, on the other hand, see its decapitated form as evidence of a crime scene.  I question whether or not this anonymous severed head, had likely been hacked off its body, or deliberately broken at the shoulders for ease of transport and smuggling, knowing that unfortunately this once complete representation of a man, is now absent the rest of his body.  

During Egypt's Eighteenth Dynasty, the artisan who sculpted this black-granite representation of a once-living human would have worked the hard stone with care and precision.  The focus of his efforts would have been to respectfully express the belief that the deceased person's Ka, his eternal life force, when separated from his earthly body at death, would be travelling between the worlds of the living and the dead and would need to find his eternal home inside this single memorial block statue, created expressly for this purpose.  Carved to represent the likeness of the deceased and placed inside a sanctuary, had this head remained with the rest of its body, we might also have learned, through inscriptions, the name of the esteemed person the sculptor sought to portray when he had creating this memorial artwork.  

But why the need for a second article? 

Over the past several days there has been scattered chatter via various social media sites where the veracity of my statements regarding who the arrested Spanish dealer was have been the subject of discussion.  

Art News journalist Karen Ho, doing her best to report the news and remain impartial to the contentious subject, wrote: 

...the Association for Research into Crimes Against Art, has claimed in a blog post that the individual in question is Jaume Bagot Peix, operator of the J. Bagot Arqueología gallery in Barcelona, Spain.

Art lawyer Justine Philippart, when pointed to ARCA's original blog article, stated on LinkedIn:

This article is fake news. Nothing is true. Thus, for example, Mr. Bagot was not arrested.

Image Credit: Archaeology IN - Libya

Following the order of the Central Court of Investigation number 6 of Madrid on 24 November 2023, it was announced last week that Spain had provisionally delivered a grouping of antiquities including four marble sculptures and eight mosaics, recovered during Operación Harmakis to the Libyan authorities at the country's  embassy in Spain.  

Hardly covered in the English speaking press, the pieces were formally transferred at a ceremony held at the Intercontinental Hotel in Madrid, the pieces were delivered to Mohamed Alfaloos, the general director of Museums and Archeology of Libya, and representatives of the ministries of Culture and Foreign Affairs.  Seized during investigations conducted by Spain's law enforcement authorities, each of the artefacts has been earmarked by the Court as having been looted in the North African country, coming from Balagrae (modern day al-Bayda), Apollonia (modern day Marsa-Susa), and the UNESCO World Heritage site of Cyrene (near modern day Shahhat).   They will remain at the Libyan embassy in Madrid, in the custody of the Libyan ambassador to Spain, Walid Abu Abdulla, as per the court's ruling, until the legal case surrounding them has concluded. 

The recovery of these artefacts dates back to late March 2018, when, after three years of investigations involving some fifty law enforcement officers, including the Spanish Policía Nacional, the UDEV Central de la Comisaría General de Policía Judicial and the UCIE de la Comisaría General de Información formal charges were brought against ancient art dealer Jaume Bagot and his partner Oriol Carreras Palomar.  During which, the pair were taken into custody under suspicion for their alleged participation in a crime of financing terrorism, belonging to a criminal organisation, concealment of contraband and use of forgery for their roles in facilitating the sale of illicit antiquities.

During the 2018 Harmakis action, five property searches were conducted, three in Barcelona and two in Argentona, with police inspecting a restoration studio, a deposit/warehouse where the artworks were stored, Bagot's residence and his Barcelona art gallery and the home of Oriol Carreras Palomar.  During the execution of these search warrants, artefacts from multiple countries and circulation documentation were retained by police as evidence in a criminal investigation. 

On March 28th of that same year, the Policía Nacional in Barcelona released a video which depicts part of the searches in which some of the objects sequestered during their investigation can be identified. In this opensource video, some of the mosaics handed over to the Libyan authorities can be seen beginning at 0.38 seconds into the video.  In addition, the marble head of Demeter is depicted from 0.58 until its boxing at 1.11 and the Roman togatus can be seen at 1.19. 

Answering to the charges in Spain, Jaume Bagot and Oriel Carreras appeared before Judicial Magistrate Diego de Egea of the Central Court of Instruction Number 6 of the National Court on March 26, 2018 where each were formally informed of the allegations and charges pending against them.  During the hearing the magistrate granted both men release pending trial, while imposing a financial surety (bond) of €12000 and a series of pretrial release conditions which include the forfeiture of their passports, a mandate to remain within the territory of Spain, and biweekly court appearances as conditions of their release while awaiting trial.

Standing by the all too familiar, I didn't know approach, which has, for so long, contributed to some of the challenges of prosecuting individuals for the illegal trafficking of cultural objects,  Bagot pleaded his innocence in handling blood antiquities in an March 30, 2018 interview with Crónica Global Media.  When asked the carefully-worded question --Do you claim not to have bought any objects from sellers in Iraq, Libya or Syria?  The Spanish dealer responds cleverly:

Never in life. What they intend in the Civil Guard report - to which I have not had access because it is confidential - is to make the judge see that I transported these objects or that I was in charge, through third parties, of moving them from a country. in a conflict zone to another country where there is legality to buy them legally in order to justify the operation.

The police say that I have expressly arranged to buy an object in Libya, take it to Dubai and sell it in Spain. But this is not the case, I don't know any people from Libya, nor do I have any contacts in Libya or anything.

What the Barcelona dealer failed to acknowledge in his interview was that he has bought artefacts coming from conflict and post conflict countries, via intermediary sellers, in multiple countries, who are known for brokering the sales of ancient objects from countries plagued with political and civil upheaval including, in this case, funerary sculptures of Cyrene in Libya.  This demonstartes, once again, that the routes laundered "blood antiquities" travel can be circuitous and that the international flow patterns conflict, and post conflict, antiquities travel often involve intermediary countries with willing middlemen.  This allows bad acting dealers in market country galleries to profess their purchases to these third-parties were made in good faith.  That is, until officers leading investigations gather evidence which proves definitively otherwise. 

Let's not forget that the 10th section of the Rome court in Italy sentenced Jaume Peix Bagot to 4.5 years of incarceration for his handling & laundering of the second-century headless Roman sculpture depicting the Muse Calliope which had been stolen from actor Roberto Benigni's villa in 2010.  That sculpture was identified in Spain with the dealer in April 2019 and was identified as part of a multinational investigation conducted by the Spanish authorities and Italy's Comando Carabinieri per la Tutela del Patrimonio Culturale who also recovered another sculpture in  the posession of another Spanish dealer that had been stolen from Villa Borghese.

ARCA would like to close this blog post with a reminder to its collecting readers that the market for illicit antiquities operates within the framework of basic economic principles, where the scarcity of authentic material and supply and demand dynamics play a pivotal role in incentivising the clandestine trade in ancient artefacts.  As the demand for antiquities by collectors, private investors, and museums increases, this buying power in turn stimulates profiteering individuals to acquire more and more material, sometimes sourcing artefacts through individuals who engage in, or turn a blind eye to, where, or who, a sellable object comes from.

Collectors of ancient art who acquire archaeological material without conducting thorough scrutiny of the sellers, especially when encountering seemingly too-good-to-be-true items like a Hellenistic Greek marble head from a war torn country, inadvertently fuel a perpetuating cycle of illegal activities. Unchecked acquisitions also contribute to the ongoing destruction of archaeological sites, posing a threat to the preservation of our historical record. 

A more conscientious approach involves diligent research into the provenance and legal status of what a collector or museum are purchasing, accompanied by a proactive "Know Your Seller" strategy. This not only shields the purchaser from potential legal complications but also plays a pivotal role in disrupting the demand side of the illicit supply chain for cultural goods, particularly antiquities from conflict-ridden regions. 

Responsible acquisition practices can and does empower collectors to contribute actively to the protection of global cultural heritage. By prioritising the preservation of our shared human history over profit, collectors wield significant influence in fostering an art market characterized by ethical values and a genuine commitment to cultural preservation.

By:  Lynda Albertson