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Showing posts with label Matthew Bogdanos. Show all posts
Showing posts with label Matthew Bogdanos. Show all posts

August 12, 2022

Friday, August 12, 2022 - ,,,,,,, No comments

Raffaele Monticelli's connection to Bank Leu A.G. and to the Getty Villa's "Seated Musician and Sirens" AKA Orpheus and the Sirens

In a tightly worded announcement made on 11 August 2022 the J. Paul Getty Museum revealed that it will finally relinquish its nearly-lifesize terracotta sculptural group "Seated Musician and Sirens" to the Italian authorities "after evidence persuaded the museum that the statues had been illegally excavated."  In elaborating on the three sculptures' return, directors Timothy Potts, Maria Hummer-Tuttle and Robert Tuttle of the J. Paul Getty stated "Thanks to information provided by Matthew Bogdanos and the Antiquities Trafficking Unit of the Manhattan District Attorney’s Office indicating the illegal excavation of Orpheus and the Sirens, we determined that these objects should be returned." 

While this announcement seemed like breaking news across the English speaking world, making several major news publications, it's not to those living and working on Italian cultural heritage losses. Many of those who have been following the tug of war between Italy and the Getty museum for more than a decade have felt that these objects, coming from the Magna Graecia colony of Taranto, should have already come home, and are curious as to what confirmatory evidence the New York authorities now have about these objects' illicit past and those who handled them which finally resulted in the museum's sudden release of their prized grouping. 

As backstory, the seated poet and his two standing sirens were confiscated in April 2022 as part of New York's investigation into an accused Italian antiquities smuggler. Originally brightly painted, this large-scale sculptural ensemble was purchased by John Paul Getty Sr.,  the founder of Getty Oil Company, in the spring of 1976 with no known provenance aside attesting to its collecting history, aside from the name of the Swiss bank seller.

Orpheus, seated on his chair, with footstool, and slab, is missing part of his musical instrument (probably a plektron) and the middle finger of the left hand.  Reassembled from a number of fragments prior to its acquisition by the Getty, his legs, head and other sections appear to have been reconsolidated, leaving him mostly intact.  Missing sections were also filled in, and smoothed over, with obscuring encrustations added on the body and the head, perhaps to conceal break lines which can sometimes be indicative of illegal excavation. 

Like with the sculpture of the poet, both of the sirens in this grouping also show signs of having been reconstructed from multiple fragments.  On the first siren, gaps can be seen in her short chiton and in her right claw.  For the second, most of the curls and the little finger of her right hand have been broken off the statue at some point in her transport out of Italy. 

But what did John Paul Getty Sr. have to say about their circulation on the art market and his collecting habits as he filled his new museum?

Prior to his death, and in ever declining health despite being deeply involved in the construction and opening of the Getty Villa,  Getty made multiple final acquisitions for his museum, with little attention towards the provenance and via several suspect brokers of ancient art who repeatedly have been accused of  trafficking in antiquities.  These purchases are outlined in his March 6, 1976 diary entry and include:  

  • a 530 BCE Archaic marble head from Heinz Herzer worth 56,000 DM (Object Number: 76.AA.6);
  • a Greek Attic Panatheniac Amphora Attributed to the Nichomachos Group from Nicolas Koutoulakis worth 70,000 USD (Object Number: 76.AE.5.a);
  • a Statue of Togatus from Bank Leu, A.G. for 61,000 SF;
  • a 180 BCE Hellenic Marble Head from Muhammed Yoganah for 50,000 USD;
  • a 100–250 CE Toman silver statuette of Venus from Mathias Komor for $7500 (Object Number:76.AM.4);
  • a 210 CE Front of a Sarcophagus with the Myth of Endymion from Robin Symes for 30,000 GBP (Object Number: 76.AA.8.b);  
and finally, 
  • the group of 3 statues made in Tarentum at the end of the 4th century BCE for $550,000 from Bank Leu, A.G. (Object Numbers: 76.AD.11.1, 76.AD.11.2 and 76.AD.11.3).
Getty wrote in his dairy that all of the artefacts above, had been purchased on the recommendation of Jiří Frel, the Getty's Czech-American archaeologist.  Frel, was the J. Paul Getty Museum's first Curator of Antiquities would later be implicated in a number of controversies that tarnished the reputation of the museum.  Based on suspicions of malpractice, he was placed on paid leave from the Getty in 1984 and was allowed to quietly resign in 1986.  

After leaving the California museum, Frel, served as a consultant for wealthy European collectors, taught classes, and shuttled between residences in Budapest and Italy. At one point he even registered himself as being domiciled in Sicily, setting his residence in the palazzo of the problematic antiquities dealer Gianfranco Becchina in Castelvetrano.

Speaking with Italian journalists, New York prosecutor Matthew Bogdanos from the Manhattan District Attorney's Office's Antiquities Trafficking Unit stated that the J. Paul Getty Museum had cooperated with the DANY regarding these pieces after their seizure, but underscored that their seemingly impromptu restitution is still part of an ongoing criminal investigation being conducted by the Manhattan office in collaboration with the Comando Carabinieri per la Tutela del Patrimonio Culturale.  Bogdanos added that the museum's repatriation statement, released by the Getty, "left half of the truth out" and by that one can surmise he is referring to their seizure the previous April. 

Speaking further, Bogdanos added that this multi-year investigation started with the exploration of suspect market actors his team has spent years investigating.  The prosecutor underscored that this sculpture group's illegal removal from Italy, and export to the United States via Switzerland, involved a well known trafficking network which is known to have operated in Italy for decades.  

One member of this network who has now been publicly identified is Raffaele Monticelli, the retired elementary teacher, who gave up teaching for the more lucrative roll of middle man broker of illicit antiquities.  Monticelli has been arrested several times, and connected to multiple trafficking networks for decades.  Most recently, in late 2021, he was arrested by the Dutch authorities after having carried a looted helmet to Delft for restoration.

If we take a look at the Manhattan District Attorney's Office's Michael Steinhardt statement of facts, we can also determine, on page 36, that Raffaele Monticelli also had a relationship with Leo Mildenberg, the late Swiss numismatist for the Swiss private Bank Leu A.G., who is known to have brokered sales both for Raffaele Monticelli and for Gianfranco Becchina. 

How long has this restitution taken? 

The sculptural group first appeared as a grouping of high concern in the list of identified finds drawn up by Italy's Ministry of Culture at the beginning of 2006.  

The Taranto provenance, in addition to appearing in the digital record compiled by the J. Paul Museum, is supported by Italian scholars Pietro Giovanni Guzzo and Angelo Bottini who published the grouping purchased by the Getty in 1976. 

Furthermore, an article, published in the "Gazzetta del Mezzogiorno" dated 30 November 2006, and republished in the web magazine "patrimoniosos" stated "the comparisons with the monumental groups in terracotta found in central and southern Italy and the representations we have on the ceramic finds of Apulian production, which document the presence of decorative terracotta statues on the monumental tombs of Taranto, dispel any doubts about their origin from southern Italy "


Photographs of the pieces were also seen in 2018 in a series of black and white photos documenting portions of the restored sculptures on the 8 December 2018 RAI documentary "Petrolio - Ladri di Bellezza" produced by journalist Duilio Giammaria and Senator Margherita Corrado has repeatedly spoken in the XVIII Session of the Italian Senate about the need to bring these artefacts home.

Yet, despite all that, the 4th century BCE sculptures were (still) center stage on the ground floor of the Getty Villa in California's Pacific Palisades during the museum's  exhibition: Underworld - Imagining the Afterlife as late as October 31, 2018–March 18, 2019.   They were removed only after this investigation came to a head earlier this year.  

When Orpheus and his Sirens eventually fly home in September, they will initially go on display in the Museo dell'Arte Salvata (Museum of Rescued Art), housed in the Octagonal Hall at the Baths of Diocletian in Rome.  Perhaps by then we will be able to publicly share how the New York District Attorney's Office in Manhattan, HSI-ICE and the Italian Carabinieri moved this case successfully forward. 


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.


November 15, 2019

Friday, November 15, 2019 - ,,,,,,,,, No comments

Revisiting the case of the marble head of Alexander the Great as Helios, the Sun God

Sotheby's Website Screen Capture
taken 24 July 2018
This week journalist John Russell, of Courthouse News Service, reported that the attorney representing Safani Gallery Inc., in New York has filed a lawsuit asking a federal judge to block the application for turnover request for a marble antiquity seized by the Manhattan District Attorney.  In their complaint Safani Gallery Inc., wholly owned by Alan Safani, is seeking a trial by jury for the return of an Augustan Age marble head of Alexander the Great as Helios, the Sun God, or damages for the losses it believes it has incurred, from the Italian Republic.  On page 15 of that complaint, Safani through their council asks for a ruling by jury for either the return of the marble sculpture or the full fair-market value of the Head of Alexander, plus legal expenses and interest.

In its complaint Safani Gallery also represents that it was given express representations and warranties of the authenticity, ownership, export licensing, and other attributes of the provenance for the marble head from Foundation, Classical Galleries. Ltd., which sold the New York gallery the antiquity. The complaint also states that by seizing the sculpture, Italy seeks to receive a benefit, including the expropriation of the gallery's property for Italy's own use and gain, to which the country has no claim, interest, or right.

To provide background on this case, Matthew Bogdanos, Senior Trial Counsel in the Office of New York County District, through Attorney Cyrus R. Vance Jr., submitted an Application for Turnover on 23 July 2018 in support of an order pursuant to N.Y. Penal Law §450.10 (Consol. 2017) and N.Y. Criminal Procedure Law §690.55 (Consol. 2017) requesting the transfer of this antiquity, seized pursuant to a previously executed search warrant, from the custody of the court, to the custody of Italy.

Under order of the Supreme Court of the State of New York, County of New York, the marble head of Alexander the Great had been seized at Safani Gallery  on 22 February 2018.  As a result of that seizure, the object was taken into evidence as part of a state investigation seeking to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  That seizure was carried out based on evidence provided by the Italian authorities that the object had been stolen and illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909).

Looking across the remains of the Basilica Aemilia
towards the Severan Arch,
the Tabularium, and the Modern Senate House
Image Credit: B. Dolan
In terms of its history, the NY District Attorney court documents set out that the head was discovered during excavations of the Basilica Aemilia, located on the Via Sacra.  This is the ancient road between the Capitoline Hill and Rome's Colosseum, located within the Roman Forum. While little remains of the Basilica Aemilia today, its presence in the form is documented by Rome historian Pliny the Elder as being one of the three most beautiful elements on the site alongside the Forum of Augustus and the Temple of Peace.


The contested marble head was discovered at some point during Italian research excavations carried out by Professor Giacomo Boni and later by Professor Alfonso Bartoli, who conducted archaeological surveys of the Palatine Hill in Rome between 1899 and 1939.  Written documentation from these explorations suggest that the head was once part of the “Statues of Parthian Barbarians” which are believed to have adorned the Basilica Aemilia.  As such, these objects represent a valuable testimony to the art and architecture decorating buildings in the Forum during the Augustan Age.

After 20 BCE Roman art often portrayed the people of the Empire and during its restoration in 14 BCE, Augustus chose to line the Basilica with a series of Parthian figurines, perhaps to humiliate the ancient foreign enemy of Rome.  Representing individuals from the Parthian Empire (also known as the Arsacid Empire), these human likenesses depicted the conquered Parthians as representatives of the Orbis Alter, subjects of Rome not considered to be part of the “civilised” world.  Stylistically, they differ from representations we have from the same time period of people from the Orbis Romanus which makes this statue grouping particularly identifiable.

Correlating statue from the Basilica Aemilia
According to New York court documents, the Italian Soprintendenza alle Antichità Palatino e Foro Romano began keeping archival ambrotype photographic documentation of the objects it discovered during these excavations beginning in 1908.  This method of documentation most likely came about as a result of the country having instituted regional "Superintendencies" in 1907 on the basis of law no 386 dated 27 June 1907.   Prior to that, Italy lacked a strong national framework to encompass cultural heritage laws and regulations, and the area's cultural heritage was protected by the individual laws and decrees inherited from the many states and kingdoms that formerly made up Italy prior to it unification.

To archive the excavation finds from the Roman Forum, the city's cultural authorities placed the smaller antiquities discovered during this excavation upon a table in the Museo Forense cloister for cataloging.   The objects were then photographed against a dark background to aid in their identification and documentation.

Italy's archival records from this period document an image of the Head of Alexander, taken after its initial excavation, resting alone on this table in the aforementioned cloister.  The location where this image was taken is confirmed via a second image photographed in the same cloister of additional excavation finds from the Basilica Aemilia excavation which depicts objects photographed on the same table, but taken from a wider angle which allows the viewer to see the architectural elements from the cloister.  Based on these photographic records, the contested head of Alexander the Great is believed to have been discovered during the second phase of excavations which began after 1909, one year after the superintendency began using this type of photographic imagery for this excavation.

An ambrotype is an early form of photography dating to the 1850s which, in many ways, is a more cumbersome antique equivalent to the modern day slide, with the exception being the photograph was created by way of a fragile glass negative.  To preserve them, ambrotypes are generally stored in cases called a casket or union case and in single envelopes which require special care given their fragility. 

Sample ambrotype photo in its union case.
To date the find period for this object it must be remembered that the Italian authorities also have no contradicting written entries or alternative photographic archival documentation of any marble head finds, Alexander the Great or otherwise, from the Basilica Aemilia excavations related to the Barbarian statues prior to 1909.  All records of this marble head date from 1909 and points thereafter.

It is important to note that Professors Bartoli and Boni began their explorations in the zone of the Basilica Aemilia, where the head has been reported to have been excavated, in September 1909.  This time period, discussed at length in the State of New York's Application for Turnover, is documented in the archaeological record and demonstrates that in all likelihood, the marble head was found after September 1909 when excavations at the Basilica resumed.  Possibly more precisely, the first written documentation of marble sculptural heads of this type being found at the Basilica Aemilia were documented in  Bartoli's excavation journal in March and June 1910.  

This dating is critical to this restitution case in so much as Italy's Code of the Cultural and Landscape Heritage (No 364/1909) was made into law less than three months earlier, on 20 June 1909.  According to that law, there is a presumption of State ownership for all archaeological objects discovered after the law's implementation, unless the Italian cultural ministry acknowledges that the object does not have a cultural interest.  Given the importance of the Roman Forum excavations, it is not likely that the newly established Superintendency responsible for Rome would have categorized the symbolic head of Alexander the Great, from a site as important as the Basilica Aemilia, within the Forum Romanum,  as insignificant.

History tells us though that records for the marble head notated "perduta" (Italian for the word "lost") in November of 1960, when a review of the photographic negative of the Head of Alexander, inventory number 5862, no longer could be matched with a correlating object within the state's collection inventories.  Yet, at the time of this notation, there was no evidence to indicate that the object, or a second, also notated missing antiquity, had been stolen.  It is for this reason perhaps that the object was not archived within Italy's Leonardo database, the Italian state's archive for stolen art and antiquities.

But where was the object bought and sold before ultimately being located by the Italians? 

While the documentation of this object's collection history is spartan, we know that on 22 November 1974 the head of Alexander sold for a mere $650, having been consigned by the Hagop Kevorkian fund to Sotheby Parke Bernet. Sotheby’s Auction House acquired Parke Bernet Galleries in 1964 and adopted the name Sotheby Parke Bernet throughout the 1970s.  Today, that auction house is now known simply as Sotheby’s.  The buyer at this time was listed only as "Altertum Ltd."

Sometime after that date, the object was then purportedly purchased by Professor Oikonomides who indicated to others that he purchased the object while vacationing in Cairo, Egypt sometime between 1984 and 1986.  The object was then bequeathed to Dr. Miller by Oikonomides when he passed away in 1988.

Sotheby's Website Screen Capture
taken 24 July 2018
On 08 December 2011 the object then sold at Sotheby's for a second time, during Sotheby’s Egyptian, Classical and Western Asiatic Antiquities sale .

At the time of this second auction, the purported provenance for the object was listed as:

Hagop Kevorkian (1872-1962), New York, most likely acquired prior to World War II
The Hagop Kevorkian Fund (Sotheby Parke Bernet, New York, November 22nd, 1974, no. 317, illus.)
A.N. Oikonomides, Chicago

At the time of this transaction, there was very little in the way of documentation to confirm the provenance narrative.  Despite this, the marble head sold to a then unidentified buyer for $92,500 USD.

In May 2017, the head of Alexander surfaced once again, but on the other side of the Atlantic.  This time the ancient marble head went up for sale in the United Kingdom, having once been in the possession of former Qatari culture minister and cousin of the current ruler of the oil-rich Arab country, Sheikh Saud bin Mohammed Ali Al-Thani.  Before his death in 2014 Sheikh Saud Al-Thani was believed to have been the world's richest art collector.

Through Classical Galleries Limited, UK the Sheikh’s foundation in turn sold the head of Alexander to Alan Safani of Safani Gallery for $152,625 on 20 June 2017.

Object Identified by the Italians

Safani Gallery Booth - TEFAF 2018
Image Credit: L. Albertson
By an amazing bit of serendipity, on 19 February 2018, Dr. Patrizia Fortini, Director and Coordinator of the Archaeological Site of the Roman Forum and Palatine Hill chanced upon an art fair advertisement which featured a photo of the stolen head in a publication for the upcoming 2018 fine arts fair known as TEFAF.  In the dealer's documentation, a photograph of the head had been included highlighting Safani Gallery's offerings for the upcoming Maastricht sale due to be held in the Netherlands, 10-18 March 2018.  Fortini determined that the photo in the advertisement and the old archival documentation photo of the head in the Museo Forense’s cloister were of the same object.

That same day, 19 February 2018, Fortini contacted the Carabinieri Headquarters for the Protection of Cultural Heritage a informed them of her suspicions.  On February 20, 2018, the Carabinieri likewise notified the New York authorities of Dr. Fortini's concerns.  Two days later, on February 22, 2019, a formal theft report had been filed with the Italian authorities and Lieutenant Colonel Nicola Candido, Commander of the Italian Carabinieri Command for the Protection of Cultural Heritage in Rome, formally notified Matthew Bogdanos at the New York District Attorney's office that the Head of Alexander was “stolen from the L'Antiquarium Forense in Rome (Italy) - an Archaeological Site that belongs to the Italian State,” and that “the Italian Republic has never issued a state-approved license for the exportation of the [Head] from Italy; and has never transferred the ownership of the [Head] from Italy to any third party.”  These statements and the accompanying evidence gathered in relation to the assertion resulted in the seizure of the sculpture from Safani Gallery.

Statute of Limitations and Clear Title

Under New York law, barring the expiration of the statute of limitations or application of the laches doctrine, one cannot obtain title from a thief unless the present-day possessor's title can be traced to someone with whom the original owner voluntarily entrusted the art.  As clear title is not possible in the case of this marble head, this leaves Safani and his counsel, David Schoen, to see if they can make their case based on the laches defense.  The purpose of the doctrine of laches is to safeguard the interests of good faith purchasers, in this case of lost/stolen art, by weighing in the balance of competing interest against the owner's diligence in pursuing their claim.   

While delay in pursuing a claim for the head could be considered in the context of laches under New York law, given that the theft occurred at an unknown time so many years ago, it has long been the law of the state of New York that a property owner, having discovered the location of its lost property, cannot unreasonably delay in making their demand upon the person in possession of that property.  As Italy acted within days of its identification that its "lost" item was in fact stolen, this course of legal action doesn't seem to be a viable route for retaining the object in question.

Likewise, as of this date, Safani Gallery hasn't produced any records or bill of sale for any pre-1974 transaction for the Head of Alexander.  Nor are there any records or invoices for the 1974 sale by Sotheby’s to Altertum Ltd., or any export visas or stamp authorizing the Head’s legitimate removal from Italy. Nor are there any records which would confirm a date for which the object was shipped out of the source country, such as a bill of lading or a customs declaration.  This leaves Safani with little tangible evidence to disprove the NYDA's stance that the object was stolen and then illegally removed from Italy.

Despite this, on 14 November 2018 Safani's attorney reported that the New York courts denied the NY DA's Turnover Application. 

 To clarify on the aforementioned tweet by David Schoen, which only presents a portion of the facts,  the judge in this complicated case has stayed the proceeding pending the outcome of the federal case, and ruled that New York does have jurisdiction to resolve ownership disputes of antiquities under PL 450.10, and that he will do so in appropriate cases.

So for now, the court wrangling continues to drag on.

To view the 22 February 2018 Seizure Order, please see here.
To view the 23 July 2018 Application for Turnover, please see here.
To view the 12 November 2019 Safani Complaint, please see here.

By:  Lynda Albertson

January 20, 2019

Sunday, January 20, 2019 - ,,,,,,,, No comments

Stolen 80 years ago, a section of an Achaemenid-era (550-330 BC) bas-relief, once part of a long line of rock-carved soldiers displayed and then stolen from the Montreal Museum of Fine Arts (MMFA) and later recovered 2000 miles away in Edmonton, Canada has been put on temporary exhibition, touring at the  Mashhad’s Khorasan Great Museum, northeast Iran. 

Patron views relief during an unveiling ceremony held at the
Khorasan Grand Museum on Monday, December 24, 2018
Image Credit: Iranian Student News Association
The limestone sculpture, from the UNESCO-registered site of Persepolis in southern Iran, was recently restituted to Iranian officials by the District Attorney of New York County in September, 2018.

Relief takes centerstage at the Khorasan Grand Museum
Image Credit: Iranian Student News Association

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