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Showing posts with label New York. Show all posts
Showing posts with label New York. Show all posts

February 11, 2025

Facing Justice: Ashraf Omar Eldarir Pleads Guilty in High-Profile Smuggling Case


In a significant case of cultural property smuggling, previously reported on ARCA's blog, Ashraf Omar Eldarir, a naturalised U.S. citizen from Brooklyn, plead guilty before Judge Rachel Kovner yesterday in US Federal Court, in the state of New York, for his role in the smuggling of hundreds of Egyptian artefacts. 

Upon arriving at John F. Kennedy International Airport on January 22, 2020 from an international flight from Egypt, Eldarir had submitted a customs declaration form to U.S. Customs and Border Protection agency (CBP), as required for all travellers entering the United States.  On that form, he had stated that he was bringing in merchandise and agricultural products worth $300.  However, when CBP officers inspected his luggage, instead of finding low value business related products, they discovered three suitcases filled from top to bottom with antiquities wrapped in protective packaging. 

Inside Eldarir's careful bubblewrap and foam padding were a total of 590 Egyptian artefacts.  Some of these still had sand and soil adhering to them, a telltale sign which underscored their recent excavation, and, in the words of the agents examining his luggage, still smelled of wet earth. 

Along with the antiquities, CBP agents found documents "written in Arabic on watermarked paper with stamps affixed on the top right of the documents, and two-hole punches along the left-hand side" along with blank paper resembling that of the purported provenances, with the same watermark and two-hole punches along the left-hand side and thirteen loose stamps similar to the ones used on the provenances.  When asked if he had ever sold historical artefacts previously, Eldarir replied that he had sold "a few in the last few years", a statement which would turn out to be a gross understatement.

Given that he was unable to provide the customs agents with sufficient proof that the packaged artefacts he was importing into New York had legally been exported from Egypt prior to the enactment of the country's 06 August 1983 Law No. 117 "on the Protection of Antiquities, CBP seized the antiquities pending further investigation.

Eldarir was subsequently arrested on 28 February 2020 and charged in the United States District Court, Eastern District of New York, on two counts of smuggling, under Title 18 U.S. Code § 545, 2 and 3551 et seq.  As part of that investigation, the United States also sought forfeiture of the following antiquities in accordance with: (a) Title 18, United States Code, Section 982(a)(2)(B):

forty-one (41) ancient Egyptian gold artifacts;

nineteen (19) ancient coins;

two (2) Greco-Roman rings;

thirty-one (31) ancient Egyptian talismans (Ptolemaic period);

fourteen (14) ancient beads;

twenty-six (26) ancient Egyptian wooden figures;

four hundred (400) ancient Egyptian faience ushabtis;

three (3) ancient Egyptian wooden panels with painted figures;

one ( I ) ancient Egyptian large stone face;

two (2) Egyptian wooden masks;

two (2) Egyptian stone panels with hieroglyphics; 

three (3) ancient Egyptian canopic jar lids;

two (2) ancient Greco-Roman stela;

one (1) ancient Greco-Roman terracotta headless torso with robes;

seven (7) ancient Greco-Roman terracotta statues; 

three (3) ancient Egyptian large terracotta vases; 

two (2) Egyptian smalIterracotta vases;

two (2) Egyptian alabaster artifacts;

two (2) ancient Egyptian Osiris headpieces/crowns; 

twenty-six (26) ancient Greco-Roman oil lamps; 

one (1) Greco-Roman terracotta pilgrim's flask;

one (1) ancient Egyptian polychrome relief.

For years prior to his arrest, Eldarir had been successfully laundering plundered artefacts onto the licit ancient art market.   Often his pieces carried with them a fabricated provenance claiming that the pieces were part of "The Ashraf Eldarir Private Collection of Ancient Art, New York, USA", or "Acquired by Izz al-Din Tah al-Darir Bey in Egypt December 1946 from Salah al-Din Sarmali Bey" or that they had been inherited through the trafficker's grandfather. 

To disguise their illicit origins, and to cosmetically claim that the pieces were derived from a collection which predated Egypt's ban on export, Eldarir's trafficked artefacts sometimes mentioned that his grandfather or "Ezeldeen Eldarir," was a friend of Prince of Egypt, Omar Tosson, with whom he shared a passion for archaeology or that the collection had been formed during the 1930s-1940s, mostly as gifts from Prince Tosson, which he claimed had been moved to the United States "in 1948 where it remained with the family until the present day."

With no export licenses, and no factual proof which supported his vague claims of long term ownership for the pieces he handled, aside from what would turned out to be self-made documents giving a cosmetic overhaul of legitimacy, Eldarir's smuggled antiquities circulated among US and Europe's prestigious ancient art galleries from 2012 until shortly after his arrest was announced publicly.  After which ARCA published a list of material it had identified as being linked to the suspect trafficker.  This compilation of suspect Egyptian antiquities was made public on 8 July 2020, and can be found here.

One of the more interesting high value pieces was this portrait head of a man, sold first through Christies New York in 2012 for $52,500.  Despite the trafficker's arrest in the US, this piece was still up for sale during the COVID-affected TEFAF Maastricht art fair in 2020, at the stand of Swiss dealer, Jean David Cahn.  Here the piece was called "a Portrait Head of the Emporer Severus Alexander" with a price on request. 


A second Eldarar piece was also present at TEFAF at Cahn's stand: a Double Life sized Ptolemaic Royal Portrait Possibly Ptolemy III Euergetes.   Again with a price on request.  As the fair closed early due to the world-wide pandemic, it is unclear if these pieces sold or remain with the Swiss dealer.

After ARCA's list of Eldarir identifications went public, practically all digital mention of Egyptian artefacts tied to this suspect in Europe and in the United States, began to be removed from receiving dealers' websites.  Dealers with web pages which once openly advertised Eldarir's antiquities sometimes removed the tainted objects altogether from their listings or modified the web page provenance using less damning indicators, such as replacing the background detail on ownership with innocuous phrases such as "private collector, New York" and omitting any of the previously fabricated details which led back to this suspect art market actor or his ties to princely collections.  

Eldarir’s case is one among many that highlight the persistent problems of artefact smuggling. For his role in these affairs, sentencing guidelines estimate that he could likely have to serve three to five years behind bars as well as possible denaturalisation, sending him back to the very country that he so prolifically robbed.

His sentencing date is currently scheduled for 12 June 2025.

The fate of many of the antiquities on our list remain unknown. 

By:  Lynda Albertson


January 30, 2025

Judge Rules Against Safani Gallery in Fight Over Stolen Marble Head of Alexander

Image Credit: Safani Gallery TEFAF Maastricht advertisement

On 12 November 2019 Safani Gallerym through their attorney David Schoen, filed a Federal lawsuit in the Southern District of New York seeking a declaratory judgment declaring that Safani Gallery, Inc. seeking, along with damages, a declaratory judgment that the gallery was the exclusive owner of a stolen, circa-1st-century CE, marble Head of Alexander and that the country of Italy had no rights in, or claims to, the artefact.  The case was assigned to US District Judge Vernon S. Broderick, in the Southern District of New York.

On 2 August 2021, Judge Broderick dismissed the case, finding that Italy was protected from being sued in U.S. Court by the Foreign Sovereign Immunities Act (FSIA).  Subsequent to that ruling, and through their attorney, Safani then amended its complaint, adding the Italian Ministry of Culture Heritage and Activities and Tourism (“MiBACT”) and the New York District Attorney's Office as defendants, asserting that the DA had violated its Fourth and Fourteenth Amendment rights.

Italy, its Ministry of Culture, and the DA subsequently sought a dismissal of the Second Amended Complaint filed by the New York antiquities gallery which was  attempting to block the return of the ancient head of Alexander the Great as Helios, the Sun God to the country of its origin. 

On Tuesday, 28 January 2025, Judge Broderick, again, concluded that Italy and its cultural ministry were immune under the FSIA and granted the District Attorney's motion to dismiss the Gallery's amended complaint, additionally finding that Safani lacked Article III standing to bring its federal claims against the State's DA.  Accordingly, Count IV was also dismissed. 

In making his ruling Broderick elaborated:
“A finding that the Manhattan DA violated the Constitution by seizing the Head without probable cause and without due process would not change the fact that only the state court can order the disposition of the Head.”
 
“Finally, although “the state-law issues [are] not so groundbreaking as to preclude the exercise of jurisdiction” under 28 U.S.C. § 1367(a)(1), Korshnyi, 771 F.3d at 102, the consideration of comity also weighs in favor of dismissal, because dismissal avoids “needless” federal-court “decisions of state law,” Valencia, 316 F.3d at 305 (quoting United Mine Workers v.Gibbs, 383 U.S. 715, 726 (1966)).”

The backstory on this case

Previously on Monday, 23 July 2018 Matthew Bogdanos, Senior Trial Counsel in the Office of New York County District, through District Attorney Cyrus R. Vance Jr., submitted an Application for Turnover 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) authorising the transfer of the circa-1st-century CE marble head of Alexander the Great as Helios, the Sun God, seized pursuant to a previously executed search warrant, from the custody of the court, to the custody of Italy.

To that end, and under order of the Supreme Court of the State of New York, County of New York, the antiquity had been seized at Safani Gallery on 22 February 2018, and 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.  This seizure was based on suspicions that the object had been stolen and at some point illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909).

Since 2018 the object had been retained as evidence by the New York authorities while Safani's complaint and second amended complaint was being heard within the US justice system. 

In terms of its history, DANY's 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 the Colosseum located within the Roman Forum in Rome. While little remains of the Basilica Aemilia today, it was considered by Rome historian Pliny the Elder to be one of the three most beautiful elements of the Roman Forum, this alongside the Forum of Augustus and the Temple of Peace. 

Looking across the remains of the Basilica Aemilia
towards the Severan Arch,
the Tabularium, and the Modern Senate House
Image Credit: B. Dolan
The head was discovered at some point during Italian research excavations carried out by Drs. Professors Giacomo Boni and later by Professor Alfonso Bartoli which were carried out on the Palatine Hill between 1899 and 1939.  Documentation from the excavations suggest that the head belongs to one of the “Statues of Parthian Barbarians” which once adorned the Basilica.

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 in humiliation of Rome's ancient foreign enemy.  Representing individuals from the Parthian Empire (also known as the Arsacid Empire), these likenesses depicted the conquered Parthians as representatives of the Orbis Alter, subjects of Rome which were not considered to be part of the “civilised” world.  Stylistically, they differ from representations we have from the same period of people from the Orbis Romanus. 

According to court documents, the Italian Soprintendenza alle Antichità Palatino e Foro Romano began keeping archival photographic documentation of the objects discovered during the lengthy excavation starting in 1908.  Based on these records, the head of Alexander the Great, seized from the New York gallery, is believed to have been discovered during the second phase of these excavations which began after 1909. This dating is derived as the Italian authorities have no written, descriptive entries or photographic archival documentation of any marble head finds from the Roman forum of the Barbarian statues prior to 1909.   It was also not until September 1909 that Dr. Professor Bartoli's team began their explorations in the zone of the Basilica Aemilia.  As a result of this and other evidence described in the New York Court's Application for Turnover it seems most likely that the marble head was found sometime around 1910.

Bear in mind 1909 is a critical date as it is this year that Italy's Code of the Cultural and Landscape Heritage (No 364/1909) was made into law.  According to this law, there is a presumption of the State's ownership for all archaeological objects discovered after 1909, unless the cultural Ministry acknowledges that the object does not have a cultural interest, something it would never do for objects located inside Rome's culturally significant Roman Forum.

Italy's archival records from the Forum excavation document an image of the head of Alexander, taken after it was excavated, resting separately on a table at the Museo Forense cloister as well as other photos in which the object is pictured with additional finds.  While the date of the actual theft of this head, and another second missing object which was also stolen, is undetermined, the incident is believed to have occurred sometime before 1959.

What we can define with certainty, on the basis of the dating of the archival photograph, along with the excavation records of the start date of the Basilica site excavation, and documentation of the dates the Museo Forense cloister would have been available to be used as a evidentiary photographic venue, this object indisputably has Italy as its country of origin.  Predicated on the foregoing evidence, it can be proven that the marble head of Alexander was illegally removed from Italian territory after the 1909 law was enacted.

It is on this basis that the object has been defined as stolen property by the State of New York, as its removal from the custody of the Italian authorities was in contravention of the 1909 Italian law.  Also, according to New York law, a thief can never acquire good title.  It should be noted that the removal of the head of Alexander from the Republic of Italy without an export license from the Italian governmental authorities authorising its removal from the territory is also a further violation of Italian law.

Interestingly though, like many stolen works of art illicitly obtained, antiquities remain fairly easy to launder, being sold over and over again through a lack of adequate due diligence in some of the finest, legitimate, marketplaces and to, and through, some of the richest collectors in the world.  

In this instance, the Alexander head has sold in the United States and in the United Kingdom on multiple occasions.

But where was the object bought and sold? 

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, this auction house is known simply as Sotheby’s.  The buyer at the 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 through his estate when he passed away in 1988.

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

At the time of this 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

But with very little in the way of documentation to confirm this narrative.

The object sold to an unidentified buyer for $92,500 USD.

In May 2017, the head of Alexander surfaced across 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 sold the head of Alexander to Alan Safani of Safani Gallery for $152,625 on June 20, 2017.

Object Identified

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 advertisement which featured a photo of the stolen head in a publication for the upcoming 2018 Fine Arts Expo known as TEFAF.  In the dealer's documentation, a photograph of the marble head had been included highlighting Safani Gallery's offerings for the upcoming Maastricht sale scheduled to be held in the Netherlands from March 10 through 18 in 2018.

The photo in the advertisement and the old archival documentation photo of the head in the Museo Forense’s cloister were identified as one and the same object and as a result, Italy moved forward in requesting the object's seizure.

For now Judge Broderick’s decision has recognised the primacy of state court jurisdiction in adjudicating disputes over the seizure of stolen antiquities. Leaving the ultimate question of who owns the Head to the state court, he observed:
“[a] finding that the Manhattan DA violated the Constitution by seizing the Head without probable cause and without due process would not change the fact that only the state court can order the disposition of the Head.”
For now, Safani has one month to appeal against Judge Broderick's final dismissal decision.  

To view the New York Application for Turnover in its entirety, please see here.
To view the New York February 22, 2018 Seizure Order, please see here.
To view the the US District Court's 28 January 2025 Dismissal Order, please see here.

By:  Lynda Albertson 


December 17, 2023

Lost Time, Found Art: The Decade-Long Pursuit of Restitution for Antiquities Smuggled by Douglas Latchford at the Metropolitan Museum of Art

In 2013 the Metropolitan Museum of Art restituted two,10th-century, Koh Ker stone statues, known as the “Kneeling Attendants” to Cambodia.  These artefacts had been donated in separate stages to the Museum in the late 1980s and early 1990s and had been associated with antiquities collector-dealer-trafficker Douglas Latchford, a/k/a “Pakpong Kriangsak”, who for 50 years, was once considered one of the world’s leading authorities on Asian Art before his unmasking. 

As early as 2012, Bangkok-based Latchford had already been identified in a civil lawsuit, as a middleman in the trafficking of looted Khmer sculptures from “an organized looting network” and was said to have conspired with the London auction house Spink & Son Ltd., to launder looted temple antiquities. 

Douglas Latchford's
Facebook photo
on 28 October 2017,
two years
before he was indicted.
On 21 December 2016, following months of interviews with confidential informants, and the examination of thousands of emails and other seized documents, as well as years of investigations into international smuggling networks, the office of the New York District Attorney's Office in Manhattan filed criminal charges against New York antiquities dealer Nancy Weiner, stating that she used her gallery “to buy, smuggle, launder, and sell millions of dollars’ worth of antiquities stolen from Afghanistan, Cambodia, China, India, Pakistan and Thailand.” In their complaint, it was documented that Weiner “and her co-conspirators, [one of whom was Douglas Latchford], trafficked in illegal antiquities for decades.”  (New York/Manhattan Wiener complaint, p. 2) .

In 2019 charges were filed in the United States against the then 88 year old Latchford by Assistant U.S. Attorney Jessica Feinstein, in the Office’s Money Laundering and Transnational Criminal Enterprises Unit, for his purported role in "wire fraud, smuggling, conspiracy and related charges pertaining to his trafficking in stolen and looted Cambodian antiquities." Many of the suspect objects mentioned in his 25 page indictment passed through his hands en route to the Met and other important collections, during the course of his business operations.  Latchford died on 2 August 2020 before he could be extradited to the United States and his indictment was formally dismissed, due to his death, the following month. 

Last Friday, the United States authorities announced that the Met would be returning fourteen more pieces to Cambodia, dating from the ninth to the 14th centuries, plus an additional artefacts to Thailand.

The pieces going home to Cambodia are:

This 7th century CE pre-Angkor period sandstone Head of a Buddha, which was purportedly with implicated New York dealer Doris Wiener from 1984–2005 until she gifted it to the Metropolitan Museum of Art in 2005, upon which it was given Accession Number: 2005.512.  


This 10th - 11th century CE copper Bodhisattva Avalokiteshvara Seated in Royal Ease. It was given Accession Number: 1992.336 when it was purchased directly from Douglas Latchford using funds from the Annenberg Foundation Gift. 


This 11th century sandstone Standing Female Deity, (probably Uma), Accession Number: 1983.14 was sold by Douglas Latchford to Spink & Son Ltd., London,  who in turn sold it onward to the Metropolitan Museum of Art. 

This 10th century sandstone Standing Female Deity, which was given Accession Number: 2003.605. This artefact was purportedly with Doris Wiener from 1998 through 2003.  Various saved accession record dates show it was either donated to the Metropolitan by Doris Wiener, in honour of Martin Lerner or was purchased through this New York dealer. 

This partially fragmented 930 - 960 CE  bronze Face from a Male Deitycame to the museum via a Latchford donation in honour of Martin Lerner.   It was given Accession Number: 1998.320a–f.


This ca. 920–50 CE stone Head of a Buddha, was also donated to the museum by Douglas Latchford in 1983 (with no provenance listed), where it was given Accession Number: 1983.551. 

This 10th century, Angkor period bronze Head of Avalokiteshvara, the Bodhisattva of Infinite Compassion was in circulation with Spink & Son Ltd., London until 1998, when it was then sold to an undisclosed private collector who donated the artefact to the Metropolitan the same year, and was given Accession Number: 1998.322.

This 11th century, Angkor period, bronze Four-Armed Avalokiteshvara (Bodhisattva of Infinite Compassion)  This bodhisattva is often depicted with multiple heads and arms symbolising his limitless capacity to help alleviate grievances and is venerated as the ideal of karuna, the willingness to bear the pain of others.  Given Accession Number: 1999.262, the statue was directly purchased by the museum from Douglas Latchford via funds from Friends of Asian Art Gifts, Cynthia Hazen Polsky Gift, and Josephine L. Berger-Nadler and Dr. M. Leon Canick Gift. 


This 11th century architectural Lintel with Shiva on NandiAccession Number: 1996.473. This doorway topping was previously purchased in 1993 by Steven M. Kossak, owner of the prominent "Kronos Collections", who then loaned the piece to the Met for three years before eventually donating it to the museum in 1996. 


This late 9th century, stone Angkor period, Khmer style of Bakong, Headless Female Figure, Accession Number: 2003.592.1, is said to have been in the possession of Latchford's friend, Alexander Götz.  Originally living in Bali, then for a time in Germany, Götz and his family moved to London in 1990 where he opened a gallery specialising in Southeast Asian art, with Indonesia as the main focus. He closed his London gallery in 2015 and has since moved back to Indonesia.


This late 12th century, stone Angkor period, Standing Eight-Armed Avalokiteshvara, the Bodhisattva of Infinite Compassion. Given Accession Number: 2002.477, this stature was sold by Douglas Latchford to Jeffrey B. Soref, heir to the Master Lock fortune, who sits on the Board of Directors at the Metropolitan.  Soref in turn loaned his purchase to the Met from 1999–2002 before gifting it to the museum in 2002.  Authorities in Cambodia had received information from a reformed looter named Toek Tik, who admitted to personally stealing this, as well as other artworks from Cambodia over a span of 20 years during his time as a smuggler.


This 7th–8th century, bronze pre-Angkor period, Ardhanarishvara (Composite of Shiva and Parvati), depicts the god as half male and half female representing the Shakta as worshipper and Shakti as devotee relationship which gives the Ardhanarishvara male and female characteristics.  Assigned Accession Number: 1993.387.4 the female side of this sculpture depicts Parvati’s elegant hairstyle and flowing skirt and exposed breast, while the male side gives us half of Shiva’s moustache, as well as his third eye.  Originally, the public accession record listed only the donation of this object as coming from Enid A. Haup (who had purchased and donated another problematic piece).  The more recent the Met's record was updated to state that the statue was sold by Spink & Son Ltd., London to Haupt who gifted it to the Met in 1993.


This 9th century, stone Angkor period depicting the Head of Bodhisattva Avalokiteshvara. Given Accession Number: 1997.434.1, it was previously owned by American pipeline billionaire George Lyle Lindemann, a collector who frequently bought Khmer artefacts from individuals, some of whom were later implicated in the trade and trafficking of Cambodia's cultural heritage.  Lindemann gifted the object to the Met in 1997, who listed the object with no prior provenance, aside from the name of the wealthy donor.


This 11th century, sandstone Angkor period, Male Deity, probably Shiva.  Depicted with four-arms and a high chignon of jatamukuta, wearing a pleated sampot, this statue was given Accession Number: 1987.414.  The Met's website listed that the statue as previously owned by Margery and Harry Kahn who gifted the object to the Met in 1987 and that the statue "likely formed the centerpiece of a triad in a chapel of an unidentified temple in the vicinity of Angkor Thom.  Its style relates to sculptures recorded from the Baphuon temple, a monumental step-pyramid dedicated to Shiva, built as the state temple by King Udayadityavarman II."

The Artefacts Returning to Thailand are:



This 11th century Gilt-copper alloy, with silver inlay, possibly miss-named statue of a Standing Shivais believed to be the most complete extant gilded-bronze image from Angkor.  Given Accession Number: 1988.355, it belongs to a small group of metal sculptures of Hindu deities associated with royal cult practices that were discovered in Khmer territories including Cambodia and northeastern Thailand.  The statue was purchased by Walter H. and Leonore Annenberg via Spink & Son Ltd., London in 1988 and donated that same year to the Met. 


This 11th century bronze inlayed with silver and traces of gold statue of a Kneeling Female Figure, perhaps a Khmer queen, who kneels in a posture of adoration with arms raised above her head and palms pressed together.  Given Accession Number: 1972.147, she was sold to the museum by Doris Wiener. 


When the Metropolitan Museum of Art announced the return of 16 Khmer sculptures to Cambodia and Thailand known to be associated with Douglas Latchford with great fanfare on "X" the social media site formally known as twitter it stated that :

"Every one of the 1.5 million objects in our collection has a unique history, and part of the Museum’s mission is to tell these stories. When, how, and where was it created? Who made it and why? What was going on at that time and place in history? The Met also examines the ownership history or provenance: where has the object been and in whose care?" 

and that through research, transparency, and collaboration, the museum was committed to responsible collecting and goes to great lengths to ensure that all objects entering the collection meet its strict standards. 

ARCA would like to underscore that it took the Metropolitan Museum of Art from 2013, when the “Kneeling Attendants” were first relinquished to Cambodia, through the Nancy Weiner and Douglas Latchford's respective indictments of 2016 and 2019, alongside numerous gentle, and then more insistent requests by Cambodia, as well as the continued campaigning of heritage activist groups before the museum moved forward with their restitution on Friday, a decade later.

It is worth remembering that there is an imperative need for justice and ethical stewardship by institutions responsible for the world's cultural heritage and it should not take ten years for a museum, the size and scope of the Metropolitan to do-the-right-thing.  Prolonged processes only contribute to the perpetuation of injustice and swift restitution is essential for rectifying historical wrongs, fostering international cooperation, and preserving the cultural identity of affected communities. Lengthy delays such as this one serve to exacerbate diplomatic, as well as cultural, tensions and perpetuate a sense of cultural entitlement on the part of certain western museums. 

When illicitly acquired objects are identified in a museum's collection, expedient restitution processes are the litmus test which, in ARCA's eyes, truly serve to demonstrate a museum's genuine commitment to holding themselves accountable to their past acquisitions.  When doing so, they foster goodwill among the claimants,  and serve as a positive example which in turn amplifies and reinforces the importance of respecting rightful ownership when it comes to cultural treasures. 

To end on a positive note, ARCA is pleased to see that the Metropolitan Museum of Art has taken a step forward in its documentation protocols and has elected to leave the accession records for these relinquished objects online and visible to the public with notations of "Deaccessioned by The Metropolitan Museum of Art for return to the Kingdom of Cambodia, 2023 or Deaccessioned by The Metropolitan Museum of Art for return to the Kingdom of Thailand, 2023."  This action promotes transparency and accountability in the global effort to combat the illicit trade of cultural artefacts.

One small step for a single museum, one giant leap for museum archival documentation. 

By:  Lynda Albertson

August 11, 2020

Dying to get away with it: How one defendant's death may thwart justice for the people of Cambodia, Thailand, and India

Douglas Latchford's Facebook page photo
on 9 November 2017, two years
before he was indicted in the USA
Wire fraud,
smuggling,
conspiracy to commit wire fraud,
conspiracy to commit offenses against the United States,
and entry of goods by means of false statements.

These were the five related charges pertaining to the trafficking in stolen and looted antiquities that art expert Douglas A. J. Latchford, a/k/a “Pakpong Kriangsak” had been charged with in the 26-page indictment unsealed by the Department of Justice's U.S. Attorney’s Office for the Southern District of New York last November.  But since deceased persons cannot be prosecuted, the charges against Latchford will likely be dismissed by the court, once his death certificate, attesting to his demise on 2 August 2020, has been submitted to the court through his defense counsel.

Before the investigation into the smuggling and illicit sale of priceless antiquities from Cambodia, Thailand and India cast a long shadow over Latchford's activities, he was once considered a highly respected sponsor in museum circles, a person above reproach.  As such, his donations to the National Museum of Phnom Penh earned him a knighthood with the Royal Order of Saha Metrey Thnak Thib Badin, by the government of the Kingdom of Cambodia, an honor conferred with an award brooch, pinned primarily on foreigners who have rendered distinguished services to the King and to the people of Cambodia.

Apparently unaware of Latchford's role in plundering, Hab Touch, then Director General of the Department General of Cultural Affairs, now Secretary of State and high representative of Phoeurng Sackona, Minister of the Ministry of Culture and Fine Arts in Cambodia once said of Latchford:

“His gifts are very important because these artifacts teach the Cambodian people about their history...We hope his generosity will set a good example for others.”

Other pieces acquired directly or indirectly through Latchford's network also dotted collections at many important art institutions, where, at the time of their acquisitions, questions of provenance didn't seem to bother the museum's renowned curators.

Latchford is known to have donated at least seven objects to the Metropolitan Museum of Art in New York including the Kneeling Attendants (restituted), the stone head of a Buddha, and the bronze head of a Shiva, both from the 10th-century Khmer Angkor period.  He also donated four statues to the Denver Art Museum.

Other Latchford pieces found their way through direct or indirect sales and donations to US collections at the Cleveland Museum of Art, the Norton Simon Museum in Pasadena, the Denver Art Museum and the Kimbell Art Museum in Ft. Worth.  Yet, Latchford's purported acts of generosity were not just for USA museums' benefit.  His hands also touched objects lent to the Berlin Museum for Ancient Art and to the Tropenmuseum in Amsterdam.

By 2012, the tracks of the looters of the tenth-century site of Koh Ker lead repeatedly to Latchford.  Identified in a civil lawsuit as a middleman in the trafficking of looted Khmer sculptures from “an organized looting network,” he was alleged to have conspired with the London auction house Spink & Son Ltd., to obtain false export permits for the temple antiquities he brokered.

Some of the incriminating evidence against the dealer relates to a series of brazenly written emails.  One sent on 23 April 2007,  which left little to no doubt about Latchford's level of direct involvement and knowledge in transnational criminal activity against cultural artifacts.

Douglas Latchford's Facebook
photo on 28 October 2017,
two years before he was
indicted in the USA
In that email, Latchford is reported to have written:

"Hold on to your hat, just been offered this 56 cm Angkor Borei Buddha, just excavated, which looks fantastic. It’s still across the border, but WOW.”

Attached to the same brazen email was a photograph.  It depicted a freshly (and clandestinely) excavated standing Buddha statue, still freshly covered in dirt. 

A Manhattan DA's complaint also asserted that Latchford contrived to traffic in antiquities that coinvolved another ancient art dealer under investigation, Nancy Wiener. Citing another email seized by investigators, Latchford reportedly told Weiner that he would give bronze statues to his colleague Emma C. Bunker, in exchange for false provenance.  Sadly, and as if facilitating the plunder of Cambodia and Thailand were not enough, Latchford is known to have purchased, a Chandrasekara Shiva, a Chola bronze idol, stolen from the Sripuranthan temple in Ariyalur district of Tamil Nadu through another bad actor in the art market, dealer Subash Kapoor,

The same Emma C. Bunker worked closely with Latchford writing three seminal volumes on the art of the Khmer people: “Adoration and Glory: The Golden Age of Khmer Art,” “Khmer Gold,” and “Khmer Bronzes.”  Flipping through each of these image-heavy books one can easily understand the pathway to profit involving the plundered and missing cultural patrimony of Cambodia.

Asked in a 2014 interview, who held most of the orphan artworks depicted in the books, Latchford was cagey.  He answered saying they were held by collectors who trusted him to keep their identities confidential, leaving many unanswered questions that this dealer now takes to his grave, as sadly, dead men tell no tales.

By:  Lynda Albertson

July 7, 2020

Ashraf Omar Eldarir, A US Citizen, indicted for smuggling Egyptian antiquities


The U.S. Immigration and Customs Enforcement (HSI) - Cultural Property, Arts and Antiquities (CPAA) unit within the U.S. Department of Homeland Security has formally released information related to an antiquities trafficking investigation underway in the Eastern District of New York.  The case involves Ashraf Omar Eldarir, a US Citizen residing in Brooklyn who has been charged with smuggling Egyptian antiquities into the United States.

Stopped on 22 January 2020 upon arrival to John F. Kennedy International Airport from overseas, Eldarir provided US Customs and Border Protection authorities at the U.S. port of entry with a CBP declaration form, the double-sided slip of paper everyone entering the US must complete and hand over to  U.S. Customs and Border Protection upon arrival declaring the value of the goods they are bringing in from overseas.  On this form, Eldarir declared that he was only carrying merchandise and agricultural products valued at $300.  Instead, upon inspection of his belonging by CBP personnel, Eldarir was found to be transporting three suitcases full of bubble and foam-wrapped packages.

When unwrapped for further inspection by border patrol agents, the packages were found to contain 590 ancient artifacts, some of which still had adhering sand and soil, a signal which betrays their having been recently excavated.  Questioned by the authorities about the contents of his luggage, Eldarir was unable to produce any documentation which would show that he had obtained authorization from the Egyptian authorities for the exportation of the objects he was transporting.

As a result, Eldarir was subsequently arrested on 28 February 2020 and charged in the United States District Court, Eastern District of New York, on two counts of smuggling, under Title 18 U.S. Code § 545, 2 and 3551 et seq. According to the U.S. Department of Justice indictment, the first charge of smuggling is related to the aforementioned January 2020 seizure.   The second charge us related to an earlier trip, on 18 April 2019, where the defendant is alleged to have smuggled a single artefact from Egypt.

If convicted of one, or both charges, Eldarir will face a penalty of up to 20 years in prison for each count.   The United States will also seek forfeiture of the following antiquities in accordance with: (a) Title 18, United States Code, Section 982(a)(2)(B):

  • forty-one (41) ancient Egyptian gold artifacts;
  • nineteen (19) ancient coins;
  • two (2) Greco-Roman rings;
  • thirty-one (31) ancient Egyptian talismans (Ptolemaic period);
  • fourteen (14) ancient beads;
  • twenty-six (26) ancient Egyptian wooden figures;
  • four hundred (400) ancient Egyptian faience ushabtis;
  • three (3) ancient Egyptian wooden panels with painted figures;
  • one ( I ) ancient Egyptian large stone face;
  • two (2) Egyptian wooden masks;
  • two (2) Egyptian stone panels with hieroglyphics; 
  • three (3) ancient Egyptian canopic jar lids;
  • two (2) ancient Greco-Roman stela;
  • one (1) ancient Greco-Roman terracotta headless torso with robes;
  • seven (7) ancient Greco-Roman terracotta statues; 
  • three (3) ancient Egyptian large terracotta vases; 
  • two (2) Egyptian smalIterracotta vases;
  • two (2) Egyptian alabaster artifacts;
  • two (2) ancient Egyptian Osiris headpieces/crowns; 
  • twenty-six (26) ancient Greco-Roman oil lamps; 
  • one (1) Greco-Roman terracotta pilgrim's flask;
  • one (1) ancient Egyptian polychrome relief.
How long Mr. Eldarir has been at this remains to be disclosed. But these pieces are just the tip of a growing iceberg.  


On 1 May 2013 it seems that Eldarir sold four Egyptian limestone relief fragments for Wahibrenebahet through Bonhams in London for €31,766 claiming they were from his personal collection, inherited through his grandfather who was a friend of Prince of Egypt Omar Tosson.  Curious as to what proof of export he showed then. 


He also sold a Limestone Relief Fragment for £28,750 via Alexander Biesbroek.  Same provenance, same question as to what proof of export Mr. Biesbroek or his buyer reviewed. 





And that's not all, there's more to come.  

Caveat Emptor

My suggestion is for every ancient art dealer or collector who has a piece with Eldarir provenance (and likely nothing to prove its legitimacy aside from its laundering) should really consider contacting HSI's Cultural Property, Arts and Antiquities (CPAA) unit.  They know how to google things as well as I do, and contacting them first might save you from embarrassing seizures, and no one wants that now. 

By:  Lynda Albertson

July 1, 2020

Auction House Seizure: A Roman marble portrait head of the Emperor Septimius Severus, circa 200 CE seized at Christie's

Image Left:  Christie's Catalogue where the stolen sculpture was identified.
Image Right:  Showroom image of the stolen head of Emperor Septimius Severus

An ancient Roman marble head was seized on the basis of a search warrant requested by the Manhattan District Attorney's Office on June 24th at Christie’s auction house based on evidence provided by the Italian Carabinieri for the Protection of Cultural Heritage, attesting that the portrait bust had been stolen from Italy in on 18 November 1985 before eventually landing in New York.  Taken at gunpoint from the Antiquarium of the Campanian Amphitheatre in Santa Maria Capua Vetere, in the Province of Caserta, situated 25 km north of Naples in southern Italy.  The sculpture depicts Septimius Severus who served as Roman emperor from 193 to 211 CE. 

The antiquity was published in Christie's 28 October 2019 catalogue Faces of the Past - Ancient Sculpture from the Collection of Dr. Anton Pestalozzi which included two pages describing the biography of the Roman Emporer and the object's comparable likeness to other portraits of Severus in the Serapis-type style, including one at the Ny Carlsberg Glyptotek in Denmark.

For the object's provenance, Christie's stated:

◘ with Jean-Luc Chalmin, London

◘ with Galerie Arete, Zurich, acquired from the above, 1993

◘ Dr. Anton Pestalozzi (1915-2007), Zurich, acquired from the above, thence by descent to the current owner. 

According to Roman Historian Cato the Elder the site at Ancient Capua where the object originates was founded by the Etruscans around 800 BCE and is remembered most for being the site where slaves and gladiators led by the legendary Spartacus revolted 73 BCE. 

While details on this particular investigation have not yet been released to the public, one of the troubling aspects in this case - of which there are many - and the most disturbing perhaps, is the failure of anyone whose hands this object passed through to have properly investigated the provenance of this portrait head.  No one, from Jean-Luc Chalmin, to Hans Humbel at Galerie Arete to the Zurich-based lawyer-collector Dr. Anton Pestalozzi ever bothered to ascertain by reasonable inquiry that the person from whom they had obtained the artifact had the legal right to possess it.

Amphitheater Campano Santa Maria Capua Vetere

On the bright side, this third object seizure in a span of weeks should send an important message to the auction powerhouse, as well as to dealers who profit from the sales of illicit material, that the Antiquities Trafficking Unit at the Manhattan District Attorney's Office and the US and Italian authorities are committed to protecting cultural heritage around the world.

A second artefact, stolen during this same armed robbery, a head portrait depicting the beloved elder sister of Roman Emperor Trajan, Ulpia Marciana (August 48 – 112) was recovered, twenty-five years ago, ten years after the theft.

Update:

This artefact was restituted to Italy on December 30, 2021.



April 11, 2020

Christie's admits to failing to register to collect New York and local sales tax despite legal obligation to do so


The tax collectors, unsigned
Oil on panel : 78,2 X 100 cm, 16th century
In a Deferred Prosecution Agreement, the auction powerhouse Christie's has agreed to pay up to $16.7 million in sales tax, penalties and interest over a two-year period to the state of New York.  The firms unlucky legal happenstance has been brought about by failing to register, and to collect, New York and local sales between 2013 to 2017 despite a legal obligation to do so. 

In a statement released by the New York District Attorney's Office, Manhattan District Attorney Cyrus Roberts Vance, Jr, praised his office's tax probe saying: “Thanks to our unique expertise and our prosecutors’ hard work, the Manhattan D.A.’s Office is again delivering millions of dollars in badly-needed revenue to the people of New York.”  In addition to thanking his team, Vance thanked  the New York State Department of Taxation & Finance, the City of London Police Department, and DANY Supervising Rackets Investigator Matthew Winters who is embedded overseas. 

While shaving a little bit here and there on taxes is without a question a known problem in the art market, this instance is a bit different that when the average schnook, agrees to participate in a so called "box trick" scam to cheat on his taxes.   In that practice a vendor, knowing that he does not need to collect sales tax on sales purchases when the object being bought is to be shipped out of state,  agrees, and sometimes even suggests, that he can whittle the price of the object down by fudging the books a bit.  To do so, the vendor agrees to allow the purchaser to take the artwork home, while documenting the sale as out of state, shipping an empty box to an address outside the state where the purchaser resides. 

Back in 2004 then contemporary art consultant Thea Westreich and her former New York company, Art Advisory Services, Inc., pled guilty to filing a false business tax return and failing to collect New York City sales tax on $5 million worth of art over a four-year period, and was sanctioned with a $250,000 fine as well as the back taxes. 

But Christie's evasion problem was more extensive. 

According to the Deferred Prosecution Agreement, Christie’s London, Christie’s Private Sales and other affiliated Christie’s entities admitted to:

failing to register to collect and to collect New York and local sales tax between 2013 to 2017 on purchases made in and/or delivered to New York despite having a legal obligation to do so. In addition, Christie’s Private Sales also admitted that once certain employees finally determined in 2015 that the entity had an outstanding obligation to register to collect and to collect New York sales tax with the New York State Department of Taxation & Finance (“NYS Tax”), it failed to register the entity to collect tax with NYS Tax because of the perceived audit risk. Subsequently, Christie’s Private Sales began collecting sales tax from its customers without registering, and Christie’s New York, who were long registered to collect sales tax in New York, falsely reported and remitted this sales tax to NYS Tax as its own.

Sales taxes are big bucks for most states, and in some, like New York, they can be the second-largest source of revenue.  For this reason this kind of tax avoidance has serious consequences. 

March 13, 2020

Supreme Court Decision on the Legal Status of Famous Picasso Painting

On March 2, 2020, the U.S. Supreme Court declined to review a case disputing who should own the Pablo Picasso masterwork, “The Actor,” created around 1904-05.  The painting was once owned by Jewish industrialist Paul Leffmann, who sold the artwork under duress for $12,000 in 1938, after leaving Germany in 1937 in order to fund his move from Italy to Switzerland. At the time in history, Italy was ruled by Benito Mussolini’s fascist dictatorship.

ARCA extends its thanks the Holocaust Art Restitution Project  who continue to follow cases like this, as well as all the lawyers who worked on legal aspects of the case.  Each remind us that we need to continue to try to right the wrongs of the past and where possible consider the lingering and painful effects of the horrific circumstances faced by individuals like the Leffmanns under the Nazi and Fascist regimes. 

With the Supreme Court's decision, Paul Leffmann's great-grand-niece has no other recourse tham to visit her family's painting in the Metropolitan Museum of Art in New York. 


February 2, 2020

Supreme Court Asked to Consider Legal Status of Famous Picasso Painting

A petition for writ of certiorari has been filed asking the U.S. Supreme Court to review a ruling dismissing a case against New York’s Metropolitan Museum of Art for the return of a Pablo Picasso masterwork, “The Actor,” created around 1904-05.

Jewish refugee Paul Leffmann sold the painting under duress in 1938, because of Nazi and Fascist persecution, when he and his wife Alice, having already escaped Germany, sought to flee a fast-Nazifying Italy. The purchasers were art dealer Hugo Perls and Pablo Picasso’s own dealer Paul Rosenberg, a French art dealer who represented Picasso, Georges Braque and Henri Matisse.

Not satisfied with an appellate court decision affirming the dismissal of the family’s claim to the painting as having been filed too late, Laurel Zuckerman, Paul Leffmann's great grand-niece, through her attorneys, has petitioned the U.S. Supreme Court to hear her case.  The Supreme Court grants around 100 of the 7,000+ petitions it gets each year, focusing on cases of national significance,or  those which might harmonize conflicting decisions in the federal Circuit courts. 

According to Zuckerman’s petition, her case raises an issue of nationwide importance concerning the HEAR Act: whether, “despite the introduction of a nationwide statute of limitations designed to revive Holocaust-era restitution claims,” the Act still allows the laws of each of the 50 states to declare a claim untimely, and to thereby put up additional roadblocks to the very Holocaust era claims Congress encouraged under the HEAR Act. 

Zuckerman, representing the estate of Alice Leffmann, had sued the Metropolitan Museum of Art in 2016, asserting in court papers that the museum does not hold good title to the painting because the businessman was forced to sell this artwork at a low price, under pressure, in order to finance their flight from Italy given the actions of the Nazi-allied Mussolini-led government and anti-jewish climate at the time in Western Europe.  The Nazis had already stripped the Leffmans of their home and business. Having lost in the district court, the case was then brought up on appeal to the Second Circuit Court of Appeals in New York.

The appellate court agreed that the case was properly dismissed. 

The appellate court's ruling noted that the federal Holocaust Expropriated Art Recovery Act of 2016 (known as the HEAR Act), designed to help facilitate the recovery of art and other prized possessions unlawfully lost because of Nazi persecution, needs to provide “some measure of justice, even if incomplete,” to the victims of Nazi persecution and their heirs.  However, the court sided with the New York museum stating that it would be unfair for the Metropolitan to relinquish the Picasso, given the "unreasonable" delay in demanding its return.  The appellate court noted: "This is not a case where the identity of the buyer was unknown to the seller or the lost property was difficult to locate." 

The cert petition to the U.S. Supreme Court raises two challenges to the appellate court ruling. First, “whether the nonstatutory defense of laches may bar an action to recover artwork lost because of Nazi persecution, where that action has been brought within the statute of limitations prescribed by Congress” in the HEAR Act. And second, whether a case can be dismissed so early without a factual exploration of the laches defense urging undue delay raised by the Museum. 

Zuckerman is represented by Mary- Christine SUNGAILA, Will Feldman, and Marco Pulido at Haynes and Boone, LLP, in the case before the Supreme Court.  Zuckerman was represented in the trial court and continues to be represented on appeal by Lawrence Kaye, Howard Spiegler, Ross Hirsch, and Yael Weitz of Herrick, Feinstein LLP.