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Showing posts with label Manhattan District Attorney. Show all posts
Showing posts with label Manhattan District Attorney. Show all posts

April 4, 2022

Monday, April 04, 2022 - ,,,,,,, No comments

The sometimes slow and sometimes fast return of historical artefacts pillaged from Libya


Cyrene, Northern Necropolis.
The Sculptured Tomb/Cassels from Pacho 1827

Parallel with the start of the First Libyan Civil War, the Security Directorate of Shahat, in the eastern coastal region of Libya, implemented a series of works in an attempt to address the looting and destruction of moveable and immovable heritage from the tangle of ruins known as the seventh century BCE  city of Cyrene.  Faced with rising civil unrest, the outbreak of wars, and unchecked and destructive urban encroachment, Ismail Dakhil, an official at the museums department of eastern Libya, estimated that as much as 30 percent of the ancient city may have been encroached upon due to urban expansion.

Despite Libyan archaeologists, officials, and academics doing all they can to protect and maintain their country’s heritage, often with only very limited resources, and sometimes at great personal risk, the extent of recent destruction of the rock-cut tombs and ancient structures at Cyrene is vividly illustrated in this July 2013 photograph.  The heartbreaking image clearly shows an operator's Hyundai Robex 250 LC-7 crawler excavator clearing land for development inside a stretch of the city's ancient necropolis. 


There, in abject disregard for the ancient burial vaults and sarcophagi below the treads of the construction vehicle, makeshift developers rashly transformed a swath of the archaeological site into a modern construction zone.  Before they could be stopped, these individuals crushed, destroyed, or dumped into waterways what Greek, Hellenistic, Roman and Byzantine Cyrenaica remains they came across, some of which dated as far back as 600 BCE.

Along with urban encroachment, insufficient security and a complicated political terrain has made Libya's rich archaeological heritage a vulnerable target for looting.  During the last two decades, according to the research of prominent forensic archaeologists, many of the territory's majestic Hellenistic sculptures have been plundered, only to turn up for sale on the ancient art market with little or fabricated provenance.  Many of the most beautiful of these pieces have turned up with, or have been sold through well known gallerists in London, Paris, Switzerland, Barcelona, and the United States. 

To illustrate the seriousness of the problem, the remainder of this article will be dedicated to four artefacts that have just gone home, identified in four separate US investigations of varying lengths and complexities.  Each of these artefacts made the long journey back home to Libya last week, and each were seized and relinquished as the price sometimes paid for trading in illicit material, and in one case, from wantonly collecting material with an absolute and total disregard for an object's legitimacy. 

Artefact #1

Cyrene Deity Head - Belzic Dt.54 *

The first, and oldest, is a fourth-to-third-century BCE Head of a Veiled Woman, (Cyrene Deity Head - Belzic Dt.54) which was recovered as part of an 11-year Federal investigation code named “Operation Lost Treasure,” led by HSI-ICE in New York, in conjunction with the U.S. Department of State and U.S. Customs and Border Protection. This 13 inch tall by 10 inches wide marble head was seized by US authorities while monitoring the shipments and way bills of a known problematic Sharjah-based antiquities dealer.  The artefact was being shipped to a sometimes collector, sometimes dealer operating in New York.  Unfortunately, this was not the only plundered artefact from Cyrene the UAE dealer knowingly handled, nor was America the only country where buyers for Libya's plundered material could easily be found.  

Freshly looted, this severed head of a divinity had been shipped out of Libya and made her way into the United States unwashed by her handlers.  As a specimen of the wonders of Cyrenaica's past, her expressive face still retains some of the underdrawing pigment used by her creator to outline and define her eyes.   

Officers involved in the U.S. investigation would go on to provide assistance to London investigators when this same dealer, continuing to ply his illegal trade in the lucrative London market, shipped yet another plundered funerary statue from Cyrene to the United Kingdom just three years after this New York seizure.  In the US case, Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) International Operations Division Chief Leo Lin formally handed over this sculpture to the safekeeping of the Libyan Embassy in Washington DC,  where it has remained until its journey home was finalised last week. 

Artefact #2

Cyrene Deity- Steinhardt-Albertson Dt.76*

The second artefact, the Veiled Head of a Female, as named in the Michael Steinhardt Agreement, was formally surrendered by the New York collector in early December 2021.  It is thought to be the head of a 2.5 meter tall 3rd - 2nd century BCE funerary monument representing a half-figure goddess.  One of just ten known to archaeologists from the Necropolis of Cyrene, before its plunder, this strikingly rare sculpture once adorned one of only six or seven monumental tombs located in the ancient city.   

The sculpture had been seized during the lengthy investigation into the highly questionable collecting practices of billionaire Michael Steinhardt, begun in New York in February 2017.  Manhattan District Attorney Alvin Bragg's team, lead by Chief of the Antiquities Trafficking Unit and Senior Trial Counsel Matthew Bogdanos, along with Supervising Investigative Analyst Apsara Iyer and Investigative Analysts Alyssa Thiel and Daniel Healey gathered evidence which demonstrated that the Veiled Head of a Female first surfaced on the international art market on 20 November 2000 when Michael Steinhardt purchased Dt.76 from Michael L. Ward, a dealer in New York with three business entities: 
  • Michael Ward & Co.
  • Michael Ward Inc.,
  • Ward & Company Works of Art LLC.
On his invoice, Ward noted the Veiled Head of a Female was “possibly from North Africa” and “a light brown earthy deposit uniformly covering the head imparts to its surfaces an attractive, warm patina.” This “earthy deposit” is thought by some experts to have been applied after the object was looted as it serves to lessen the noticeability of small chips and breakage on the surface of the artefact, a likely sign of rough handling by its looters.  

The ancient sculpture was sold to Steinhardt with no prior provenance for $1,200,000. 

Discussing the seized sculpture with Morgan Belzic, a PhD researcher at the Ecole Pratique des Hautes Études specialising in Cyrenaican Funerary Sculptures, under the direction of François Queyrel, he concurred with my preliminary observation that this head of a deity, with its telltale coloration and diadem, had to originate from Cyrene.  Belzic has made a name for himself, having noted a correlation between the increasing destruction of funerary monuments in Libya and the uptick in the appearance of ancient pieces from Cyrene on the market statistically out of range with those appearing in the market prior to the country's destabilisation.

As an expert on the sculptural remains of Libya's Greek cities, Belzic cooperates with national and international law enforcement authorities, including the Manhattan DA's office and the Libyan Department of Antiquities and has identified plundered and suspect objects originating from the Libyan cities of Shahat (Cyrene), Susa (Apollonia), Tocra (Taucheira), Tulmaytha (Ptolemais), and Benghazi (Euesperides/Berenike).  

Working closely with a multinational coalition of archaeological missions in Libya under the coordination of the French Archaeological Mission, lead by Vincent Michel, this group of allied researchers has provided critical evidence in law enforcement investigations identifying sculptures of high concern originating from Cyrenaica. 

The Manhattan District Attorney's office concluded its multi-year, multi-national criminal investigation into Steinhardt's ancient art collection in 2021.  In total, their work resulted in the seizure and forfeiture of 180 plundered antiquities valuing an estimated total of $70 million and imposing the first-of-its-kind lifetime ban on acquiring antiquities ever handed down to a collector. But this investigation is important for the history books not only for that reason but also because the case underscores and exemplifies the successes prosecutors can have when a) focusing almost exclusively on art and antiquities cases, b) working collaboratively with other law enforcement agencies and c) exercising the willingness to work with a group of forensic researchers who specialise in looted and stolen antiquities from specific regions or cultures. 

Handover Ceremony in Manhattan

Through the collaborative work of the DA's team, with the coordinated help of Special Agents Robert Mancene, Robert Fromkin, and John Labatt of Homeland Security Investigations, in this one case alone, the DA's office successfully identified 169 of the 180 seized antiquities as having been trafficked by a total of 12 different criminal smuggling networks.  The remaining eleven forfeited antiquities, including this one, first appeared on the international art market in the hands of dealers more concerned with the artefact's sales value than with closely examining the provenance of objects that come from countries plagued by civil unrest, war, and/or rampant looting. 


Artefact #3
Cyrene Deity Head - Belzic Dt.22*

While the exact dates of when the 3rd to 2nd century BCE, Belzic Dt.22, was looted from Cyrene is unknown, it is believed that this sculpture may have been stolen in the 1980s and then smuggled into Egypt by antiquities traffickers.  Investigators in New York have proven that it was eventually shipped onward to the United States, where it appeared on the US ancient art market in 1997.  According to investigators, the artefact demonstrated the “telltale signs of looting such as earth on the surface and new chips at the base and in the veil.”

By 1998, and now referred to as the Veiled Head of a Lady, and head had been valued at nearly half a million dollars and was placed on loan to the Metropolitan Museum of Art in New York by an anonymous donor, where it was catalogued simply as a Greek Hellenistic funerary head and mislabelled as being from the 4th century BCE. 

The veiled head remained on display at the Met for more than twenty years.  After being identified as having come from Cyrene, the sculpture was seized during an investigation conducted by Manhattan District Attorney Alvin Bragg's team, lead by Chief of the Antiquities Trafficking Unit and Senior Trial Counsel Matthew Bogdanos, along with Supervising Investigative Analyst Apsara Iyer and Investigative Analysts Alyssa Thiel and Daniel Healey in February 2022.  Note that the Met and DANY have declined to identify the lender at this time, given the sensitivity of ongoing investigations.

Prior to its formal transfer back home to Libya, the Veiled Head of a Female was handed over to the Libyan authorities on 30 March 2022 along with Artefact 4 during a repatriation ceremony attended by the Charge d’Affaires of the Embassy of Libya in DC Khaled Daief, and U.S. Homeland Security Investigations (“HSI”) Acting Deputy Special Agent-in-Charge Mike Alfonso.

Artefact #4

Cyrene Portrait Head - Belzic P.97*

After being smuggled from Libya to Geneva, Switzerland, Morgan Belzic first identified this 2nd century CE marble Cyrenaican Funerary portrait of a bearded man on the ancient art market in November 2018.  When documented, it was being offered for an estimated sales price of $19,000.  

Originally placed in a tomb rich with small niches, there are more than 250 Cyrene portraits of this category recorded by scholars studying the ancient remains of Libya.  The iconographic styling of this type of portrait head is so unique to Cyrenaican funerary imagery that this category of sculpture is referred to in scientific literature as a ‘Romano-Libyan’ portrait. 

The marble head of a man was next offered for sale two years later, in June of 2020, this time in Manhattan and with an asking price of $25,000 - $35,000.  But it is the third sale which turns out to be the charm, resulting in the fastest seizure to restitution of an artefact in history.  

Belzic P-97 was spotted for the third time on 28 March 2022, this time by art historian Camille Blancher, just shy of its next intended sale date through another USA antiquities dealer.  Through the responsive and collaborative efforts of Manhattan District Attorney Alvin Bragg's antiquities unit, working in close coordination with Special Agents Robert Mancene and Robert Fromkin of Homeland Security Investigations the bearded head of a man was seized on Tuesday, March 29th, back in the Manhattan DA's office where it was handed over to the Libyan authorities on Wednesday, March 30th, along with Artefact 3 during a repatriation ceremony attended by the Charge d’Affaires of the Embassy of Libya in DC Khaled Daief, and U.S. Homeland Security Investigations (“HSI”) Acting Deputy Special Agent-in-Charge Mike Alfonso.

Support for this case came from members of a coalition of archaeological missions working in Libya under the coordination of the French Archaeological Mission as well as from ARCA, all of whom are deeply committed in assisting Libyan institutions and authorities in enforcing the protection of cultural heritage in Libya and who voiced their collective concerns to the DANY regarding the artefact's potential sale. 

To put a nice bow on this story, all four marble funerary sculptures, along with a small grouping of terracotta urns and fragments, were flown via private jet, paid for by a philanthropist, to Mitiga International Airport in Libya.  Arriving to Tripoli on Thursday, April 1st, the repatriation of these antiquities is a “peace dividend” as described by Director-General of the United Nations Regional Institute for Crime and Justice Research (UNICRI) Antonia Marie de Meo, who led a delegation to Libya alongside James Shaw, Chief of that agency's Asset Recovery and Illicit Financial Flows programme.  Also on board was forensic archaeologist Morgan Belzic, who more than anyone, truly understood the efforts, coordination and cooperation, these four recoveries required. 

The handover ceremony took place at the Museum of Libya inside the former royal palace of Qasr al-Khild in Tripoli. Like other museums in Libya, it has remained closed to the public since the 2011 Libyan uprising.  Speeches at the event included statements made by Omar Kati, Deputy Minister for International Cooperation and Organizations Affairs, Libyan government antiquities chief Muhammad Faraj al-Falous, the envoy for Libya in the United States, representatives from the Libyan Ministry of the Interior and LARMO. Many of whom present for the celebration expressed gratitude for the efforts made by the US law enforcement and public prosecutors in bringing Libya's heritage home. 

U.S. Ambassador to Libya Richard Norland personally thanked the staff at the Manhattan DA's office and HSI- ICE.  

The spectacular ruins of the ancient Greek city of Cyrene have, for better or worse, survived Libya's 2011 revolution.  Looking at these beautiful artefacts and admiring the Met recovered piece in particular, I feel compelled to admire the learned skill that฀went into the creation of this veiled woman. For all our modern capabilities, I doubt we could turn such solid stone into the modesty of a semi transparent fold of material in quite the way that this unknown ancient Cyrene artisan did.  

Filled฀with admiration, but also a healthy does of cynicism, I understand that Libya's loses don't stop with the return of one woman behind one transparent veil to the place she was formed.  The rape of historic Cyrene for profit has and likely will continue, and there are other veiled faces of other victims still out there.  

Some of the forensic archaeologists involved in this fight were already back at work on Saturday, prepared to help law enforcement authorities in any way they can to bring Libya's sculptures back to a country that has already lost so much. 

By Lynda Albertson, ARCA CEO

-------

Addendum:

In July 2016 UNESCO placed all five of Libya's World Heritage sites on the UNESCO World Heritage in Danger list.  Equally concerned, and in response to a long history of threats, the United States and Libya signed its 17th cultural property agreement with Libya on 23 February 2018 to solidify the two countries' joint collaboration in combatting the looting and trafficking of cultural objects originating from the plagued North African country.  

Signed by Irwin Stephen Goldstein for the United States and by Lutfi Almughrabi, Libyan Under Secretary for Political Affairs, this agreement formalised a collaboration to protect Libya heritage for a period of five (5) years. And while this agreement was opposed by many in the antiquities trade, the restitutions discussed in this article demonstrate repeatedly that poverty, civil unrest and war create the perfect storm for the trafficking of illicit antiquities.

* Image Credit French Archaeological Mission to Libya

July 21, 2021

Wednesday, July 21, 2021 - ,,,,,,,, 1 comment

A "Homeland" welcome for Neil Perry-Smith in New York

 

We are standing in front of a single-piece sand-stone sculpture of a serenely smiling cross-legged Shiva being worshipped by the small, dumpy Skanda (Fig. 3), the one the Guimet questioned. It was probably made in the second quarter of the 10th century for Jayavarman IV's new capital at Lingapura, today's Koh Ker, and is possibly a symbol of the king and his son. 'This is spectacular. I was shown a picture of it in pieces in the mid-Eighties. The head of Shiva was off, the arms broken, Skanda's feet broken. I bought it. It arrived in three pieces. Neil Perry-Smith, one of the leading restorers of stone, metal and gold, put it together. These had been clean breaks, there's no restoration.' Indeed, the breaks are invisible. 'Go by the wall so you can see Skanda's face', he says, so that I can observe how the artist has trapped religious bliss in the face. 'I sum it up in one word: adoration.'

After boarding a plane in the UK for New York and arriving yesterday, Neil Perry-Smith surrendered voluntarily to officers from U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) in relation to an arrest warrant issued against him through the Manhattan District Attorney’s Office for his alleged role in an international smuggling ring that trafficked in stolen works of art.  According to Manhattan Assistant District Attorneys Matthew Bogdanos and Christopher Hirsch, the well-organized smuggling network is believed to have laundered hundreds of objects out of India and other source countries onto the licit art market in an operation that is believed to have lasted for as long as thirty years. 

On 8 July 2019 arrest warrants were issued for eight defendants involved in the scheme listing a total of 213 Counts, ranging from grand larceny to criminal possession of stolen property.  The original 28 counts listed against Perry-Smith in the Manhattan complaint were:

1. PL 165.54 Criminal Possession of Stolen Property in the First Degree (7 counts)
2. PL 155.40(1) Grand Larceny in the Second Degree (5 counts)
3. PL 165.52 Criminal Possession of Stolen Property in the Second Degree (13 counts)
4. PL 165.50 Criminal Possession of Stolen Property in the Third Degree (1 count)
5. PL 105.10(1) Conspiracy in the Fourth Degree (1 count)
6. PL 190.65(1)(b) Scheme to Defraud in the First Degree (1 count)

**Note:  It there now seems to be an additional 29th count. 

In that previous DANY's painstakingly detailed felony arrest warrant, it is alleged that Perry-Smith was one of at least seven individuals identified through their investigation who participated in an international criminal network handling material later sold by disgraced ancient art dealer Subhash Kapoor and his former gallery Art of the Past, once located at 1242 Madison Avenue, in New York. 

As a result of this ongoing international investigation into this network's operations, officers with DHS-HSI, working with the District Attorney's Office in Manhattan conducted a total of twelve raids, resulting in the seizure of 2,622 objects valued at no less than $107,682,000 from Kapoor's gallery and numerous storage locations within the jurisdiction of the state of New York. 

The July 2019 Felony Arrest Warrant document listed 72 stolen antiquities possessed by Subhash Kapoor or members of his network from 1986 to 2016 giving an estimated value to the pieces at $79,101,000.  Of those 72, only 33 had been identified and seized by law enforcement as of the summer of 2019.   Thirty-nine other artefacts had still not been located and were estimated to be worth no less than $35,835,000.  Investigators suspect that Kapoor orchestrated to have the missing objects hidden sometime following his initial arrest in Germany in 2011 and prior to his extradition from Europe to India to answer to the charges he faces for the trafficking in ancient artefacts from his home country. 

In July 2020, the Manhattan DA’s Office also filed extradition paperwork for Subhash Kapoor, in answer to their previous arrest warrant relating to his alleged crimes carried out in the United States.  In the meanwhile, Kapoor remains in the high-security block of Tiruchirapalli Central Prison in the South Indian state of Tamil Nadu pending the completion of his first trial in India. 

As it relates to Neil Perry-Smith's alleged role, little detail was mentioned in the lengthy July 2019 Felony Arrest Warrant document.  It stated simply that Subhash Kapoor shipped artefacts with forged bills of lading, first to a company in Hong Kong, while arranging for the antiquities to be restored. Those artefacts would then be shipped from Hong Kong onward to either Neil Perry-Smith in London or to Richard Salmon in New York for restoration, who would then work on the objects before forwarding the conserved artefacts on to Kapoor for sale through his New York gallery. 


But yesterday's confirmation of Perry-Smith's surrender to New York authorities elaborates further on the charges awaiting the London restorer.  In their press release,  Manhattan District Attorney Cy Vance, Jr. states that "Smith" is "charged with possessing and restoring 22 stolen pieces, with an estimated value of more than $32 million" including bronze murti, normally housed in temples, representing the goddess Uma Parvati, Naga Buddha, and Shiva as Lord of Dance (Nataraja).  Laundered onto the licit art market, the bronzes Perry-Smith is alleged to have handled have an estimated market value of more than $32 million, all of which were subsequently shipped on to the conspiracy ringleader Subhash Kapoor for sale in his Manhattan gallery. 



But as we can read from the November 2008 quote excerpted at the top of this blog post, we know that Neil Perry-Smith also restored works of ancient art for at least one other suspect ancient art dealer also previously under indictment for the handling of looted antiquities. 

Shiva and Skanda
10th Century CE 130 cm
Taken from an interview article in Apollo Magazine, we learn that Perry-Smith restored a 10th century Cambodian  Khmer sculpture of Shiva & Skanda for the deceased British art collector and dealer Douglas A.J. Latchford.  One that, in Latchford's own words, arrived to the Thai-based collector-dealer broken in three pieces, with clean breaks.  Clean breaks are a tell-tale sign that the artwork may have been intentionally broken, with breaks such as these, along specific, easily repairable points being done to ease transport and future reassembly, when large cumbersome sculptures are removed from their find spots by looters. 

Prior to his death, Bangkok-based Latchford, had himself been indicted, in November 2019,  in the US Federal Court of the Southern District of New York for wire fraud, smuggling, conspiracy, and related charges pertaining to his own alleged trafficking in stolen and looted antiquities from India and Southeast Asia.  Once considered a pre-eminent collector and expert of Cambodian antiquities, the disgraced 88-year-old Latchford died on 2 August 2020 at his home in Bangkok before his case could be brought to trial in the United States.

Prior to Latchford's indictment, the Cambodian Ministry of Culture also identified Neil Perry-Smith's UK-based Private Limited Company Neil F. Perry as the restorer who worked with Jonathan Tucker and Antonia Tozer's London firm Asian Art Resources.  Tucker and Tozier had brokered the sale of 10 restored Angkorian-era gold jewellery pieces that, like so many others, had appeared on the ancient art market via Douglas A.J. Latchford's network, with no known legitimate provenance.  These pieces had been published in Latchford's and Emma C. Bunker's 2008 book:  Khmer Gold: Gifts for the Gods and were ultimately forfeited voluntarily to the Kingdom of Cambodia in April 2017. 

It remains to be seen what concrete evidence, if any, Neil Perry-Smith can, or will, choose to share with the authorities about the pieces he handled originating from both Douglas Latchford's and Subhash Kapoor's networks.  But with 29 counts now racked up against him, we suspect he won't feel ambivalent about giving up what he knows, trading testimony for the expectation of possible sentencing discounts. 

April 20, 2021

Tuesday, April 20, 2021 - ,,,,,,,, 1 comment

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.

Tuesday, April 20, 2021 - ,,,,,,,, No comments

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.


Tuesday, April 20, 2021 - ,,,,,, No comments

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.

November 19, 2020

Thursday, November 19, 2020 - ,,,,,,,,, No comments

Unpacking what has been made public in the investigation into the recently restituted Egyptian stela in the name of the Head of the Elders of the Portal of Hathor-Lady-of-Mefket, Pa-di-séna

Image Credit:  Facebook user "Art of Ancient"

This week a 2600-year-old looted stela in the name of the Head of the Elders of the Portal of Hathor-Lady-of-Mefket, Pa-di-Séna (French spelling) was formally restituted to the Arab Republic of Egypt.  The plundered Late Period antiquity had been seized in New York in route to the December 5 – 8, 2019 TEFAF art fair, which proudly holds up its vetting process as one of the main pillars of its success. Their process allows its buyers to acquire art with confidence, though this apparently wasn't the case in this instance, as this $180,000 dodgy Egyptian limestone carving somehow slipped through the nuanced hands of the vetting experts, not just in the United States but also in Europe in Maastricht.  

But let's start at the beginning. 

Somewhere around 600 BCE the Stela of Pa-di-Séna was crafted in Egypt during the Late Period, which began with the rule of Psamtek I of the 26th Dynasty. Psamtek I is credited with shaking off foreign control by the Assyrians in the north and the Kushites in the south, reuniting Upper and Lower Egypt following a long period of political fragmentation.


The artisan who carefully sculpted the 110 cm honorary stela so many centuries ago did so in painstaking sunk relief.  With careful strokes his design depicts the owner, Pa-Di-Séna, wearing only a kilt and standing expectantly on one side of a full table he has filled with offerings to three deities  On the opposite side, the most prominent god is Osiris, accompanied by the falcon-headed Horus, and the goddess Hathor, who wears her traditional headdress of cow horns and a sun disk. 

The Stela of Pa-di-Sena would remain where it belonged, at Padisena’s tomb, back in Egypt, as a monument to the tomb's deceased, until after Egypt's Arab Spring, when a series of anti-government protests, uprisings, and armed rebellions spread across the country, and later to other parts of the Arab world.  During this period Egyptian authorities reported a significant uptick in heritage looting.

In 2012, the Manhattan D.A.’s Antiquities Trafficking Unit first got a whiff that the illicitly excavated Stela of Pa-di-Séna was being shopped by the same international smuggling network that had also trafficked the ancient gold mummiform coffin, inscribed in the name of Nedjemankh.  That spectacular trafficked antiquity was sold with fraudulent provenance documentation and export licenses to the Metropolitan Museum of Art and was restituted to Egypt thanks to the work at the DA's office in October 2019.   

Shaaban Abdel-Gawad - Head of the Egyptian Department of Repatriation
Image Credit: Egyptian Department of Repatriation,
Ministry of Antiquities-Arab Republic of Egypt

Conversations between the smugglers involved in the trafficking network discussed the potential sale of a stela, but it was not until 2015 that the traffickers began exchanging photos.  In these, the artefact appears freshly looted, cracked and unrestored, with chip marks along the edge of the break, which strongly suggest that the looting was not only AFTER Egypt's antiquities laws, but that the break was intentional, perhaps to ease the transport from the looting site or when smuggling the piece abroad, dividing it into smaller sections that might be harder to detect. 

But in 2015, the Stela of Pa-di-Séna's location was outside the Manhattan office's jurisdiction. 

By 2016, far from its Egyptian tomb, the Stela of Pa-di-Séna surfaced on the antiquities market for the first time in the hands of Christophe Kunicki who published the stela on his website.  The stela then made its first appearance on the public stage in Paris, with La Gazette de l'Hôtel Drouot announcing the offering on May 25th with Pierre Bergé & Associés and Christophe Kunicki listing the estimated sale price at €50,000-60,000.  

Along with this relatively low figure for an ancient and rare Egyptian object, the provenance presented by the sellers was the same as that used for the looted Golden Coffin in the name of Nedjemankh:

"Old Habib Tawadros collection. German collection, acquired in 1970."  

Not to worry, despite the vague provenance, the Stela of Pa-di-Séna was snapped up anyway.  More importantly, it brought its middlemen almost three times the auctioneer's presale estimate.  This despite the fact that the object came with fabricated ownership records and falsified export documents attributed to the Egyptian authorities dating back to the 1970s.  Documents, it should be said, the seasoned purchaser who purchased the stela also readily accepted, despite marked incongruencies and factual errors which, as a purported expert, he should have easily recognized.

Screetshot: Sales results 25 May 2016
Pierre Bergé & Associés 

The 1970 provenance date on the falsified records is important as Egypt only enacted Law No. 117 "on the Protection of Antiquities" on 06 August 1983.  Article 1 defines an antiquity as "any movable or immovable property that is a product of any of the various civilizations...to a point one hundred years before the present and that has archaeological or historical value or significance as a relic of one of the various civilizations that have been established in the land of Egypt." Article 6 vests ownership of such property in the Egyptian state: "All antiquities...shall be deemed public property, and the ownership, possession and disposition of them shall be subject to the terms and conditions set forth in this law and regulations made thereunder." Article 7 states that "[a]ll trade in antiquities shall be prohibited as from the date of coming into force of this law." Finally, Article 9 prohibits the export of any antiquities: "no antiquity is to be taken outside the country."

So by 1970, had the paperwork been authentic, the new owner would have been in the clear.  

After its first purchase and by 2017, the Stela of Pa-di-Sena was being offered by C.E.C.O.A., I.A.D.A.A., and S.N.A member Galerie Cybèle in Paris, who apparently took the antiquity's made-up provenance, as supplied to Pierre Bergé by Christophe Kunicki, as the gospel truth.  All it would have taken for this gallery owner to have himself unmasked the deception, is to have done his due diligence. Had he inspected the export documents provided with any reasonable level of inquiry, he would have immediately understood the documentation accompanying the artifact was clearly and demonstrably fraudulent.  

But buyers looking to purchase the stela at TEFAF from Galerie Cybèle could rely on the calming statement provided by the president of one of the gallery's dealer associations, who says: the members of IADAA trade in ancient objects from private collections that have been on the market for decades, or even centuries.  Mr. Geerling also reassures potential collectors, saying: 

Our organisation, established in 1993, represents the top international dealers in Classical, Egyptian and Near Eastern ancient art. Our prime function is to facilitate good relations between the trade and museums, collectors, archaeologists and government agencies. We work with law enforcement and others to prevent crime and campaign vigorously for an open, legitimate trade operating under fair regulations. We firmly believe that the preservation of the relics of man’s ancient past is the responsibility of all.

Our members adhere to the highest professional standards as set out in our stringent code of ethics. They have therefore been well placed to understand and tackle issues of provenance that have become prevalent in recent years. Our members undertake due diligence as a matter of course and are obliged to check every object with a sales value over €5,000 with INTERPOL Database of Stolen Art or the the Art Loss Register. Your dealings with any member of the association can be made with the utmost confidence.

By utmost confidence, I assume President Geerling meant plausible deniability. One really doesn't have to dig very deeply to determine the stela's documentation was fraudulent, something the Manhattan D.A.'s office, with the help of the Egyptian Ministry of Tourism and Antiquities easily substantiated.

Despite all this, the owner of Galerie Cybèle took the stela to New York twice.  The first time in 2018 when it was highlighted by TEFAF in their "meet the expert" video complete, it seems, with small amounts of dirt incrustations left from recent excavation still visible in this close-up video of the artefact. 

It also was exhibited at TEFAF Maastricht in 2019 when forensic antiquities researchers noted again that the he suspect provenance, mentioned the same suspicious Luxor dealer, Tawadros (sometimes spelled Todrous and Tadross), associated with the Manhattan D.A.'s office's earlier seizure of the golden coffin. 

Despite this, the antiquity still didn't seem to arouse the suspicions of either its vendor or the vetters at Europe's premier art fair, both of whom are supposed to have their client's interests at heart, and both of whom appeared to be more focused on the object's authenticity, than the fact that it was ripped out of the ground at some point following the civil unrest in Egypt.  

Image Credit:
MasterArt Directory
2017

Flash forward to Autumn 2019, when the stela was scheduled to come back to Manhattan for the last time. On 19 October 2019 the Manhattan District Attorney's Office formally initiated a grand-jury investigation into this specific artefact and asked the Honorable Althea Drysdale to issue a seizure order providing her with evidence based upon their exhaustive multi-year investigation.  It was once this seizure order was signed that the process of returning the ancient object to its lawful owner, the Arab Republic of Egypt could truly begin.  

As a result of the identification of the Stela of Pa-di-Séna, as well as the identification of the ancient gold mummiform coffin, inscribed in the name of Nedjemankh, two important artefacts, both handled by the same chain of coinvolved, go home to Egypt. 

But who, if anyone has been charged? 

In relation to this case, law enforcement authorities in France detained five individuals in June 2020, based on investigative evidence related to both the Stela of Pa-di-Séna and the golden coffin of Nedjemankh.  All were brought in for questioning in relation to the network law enforcement in France and New York had identified as having trafficked in antiquities from conflict, and post-conflict, countries which were then laundered through the French ancient art market.  In August, a sixth individual, Roben Dib, who is connected to both sales, was also arrested in Hamburg, Germany.

Back in France, Galerie Cybèle, who has cooperated with the Manhattan D.A.'s office, has filed a lawsuit in the Paris courts to recoup the losses incurred in the purchase of the Stela of Pa-di-Sena. In it, they name the consignor, Nassifa el-Khoury, the mother of Roben Dib.  Dib is a manager of Dyonisos Gallery in Hamburg, Germany, an ancient art gallery owned by Serop Simonian. Both Dib and Serop Simonian have previously been the subject of criminal investigations in multiple countries, resulting in the seizure of hundreds of pieces of stolen cultural property. 

In light of all that, on 18 November the Manhattan District Attorney Cy Vance, Jr. and his team lead by Matthew Bogdanos, formally handed over Stela of Pa-di-Séna to the people of Egypt during a repatriation ceremony attended by Ambassador Dr. Hesham Al-Naqib, Egyptian Consul General in New York and U.S. Homeland Security Investigations (“HSI”) Deputy Special Agent-in-Charge Erik Rosenblatt.  Shaaban Abdel-Gawad, Director General of the Department of Repatriated Antiquities at the Ministry of Tourism and Antiquities, said that the stela is scheduled to return to Egypt soon.

Unfortunately, we may never know where the plundered tomb of Pa-di-Séna was.  But at least the Egyptians and its Ministry of Tourism and Antiquities can take comfort that investigations into the objects moved by this trafficking ring continue, in Manhattan, in Egypt, and elsewhere.

By:  Lynda Albertson

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