Christie's has withdrawn the suspect antiquity identified by Greek forensic archaeologist and ARCA lecturer Christos Tsirogiannis on October 11, 2016. This object had been set for auction on October 25, 2016 via Christie’s in New York.

The object is traceable to the confiscated Robin Symes archive, an antiquities dealer long accused by Italian prosecutors of being part of an antiquities trafficking network that involved tombaroli (tomb raiders) in southern Italy and suspect antiquities dealers and buyers around the globe.

The withdrawal of the object comes simply with a statement that reads "Please note that this lot is withdrawn". A Financial Times article mentions “further research may indicate that [the torso] was purchased through legitimate sources”.

For details on Dr. Tsirogiannis' assessment of this objects, please see ARCA's earlier report of his finding here. 

The European Association of Archaeologists (EAA) has issued a forceful statement of concern regarding an October 25, 2016 auction at Christie's New York previously reported on ARCA's blog on October 11, 2016 which includes an object traceable to the confiscated Robin Symes archive.

This statement is officially posted on the EAA website here and reprinted below.

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Statement of the Committee on Illicit Trade in Cultural Materials to an Ongoing Auction at Christie’s

Robin Symes and Christos Michaelides formed a duo of dealers who dominated the international antiquities market in the 1980s and 1990s. During that period they became the best suppliers of illicit antiquities to the most 'reputable' museums, private collections and auction houses. Many of their antiquities came from lower-level dealers such as Giacomo Medici and Gianfranco Becchina, both now convicted for their involvement in numerous cases of antiquities looted from Italy, Greece and other countries, after the 1970 UNESCO Convention.

Since the discovery and confiscation of the archives belonging to these three dealers (that of Medici in 1995, Becchina in 2001 and Symes-Michaelides in 2006), over 300 masterpieces depicted in the archives have been repatriated, mainly to Italy and Greece, from museums, private collections and individuals who consigned them in auctions. Dozens of cases are still undergoing negotiation, and the forensic archaeologists Daniela Rizzo, Maurizio Pellegrini and Christos Tsirogiannis, who were appointed as experts by the Italian and Greek governments to assess the confiscated archives, have identified a few hundred more. The Polaroid and regular-print images in the archives (over 10,000 images in total) usually depict antiquities in a poor condition, newly excavated; covered with soil, with fresh marks of impact and bearing soil and salt encrustations. Professional images in the same archives often depict the same antiquities in various stages of conservation/restoration, while tens of thousands of documents alongside the images in those archives leave no doubt about the true nature of the international antiquities market.

Since 2007 Christos Tsirogiannis has been researching the antiquities auctions of Christie's, Sotheby's and Bonhams. Every single year he identifies antiquities that are depicted in the confiscated archives, offered for sale by one, two or all three leading auction houses. Especially in the case of Christie's, in nearly every auction antiquities handled by Medici, Becchina and/or Symes-Michaelides are offered. Several of the antiquities identified in auctions have been repatriated to Greece and Italy; over the years Tsirogiannis has notified other countries as well (such as Egypt, Israel and Syria). Since 2010, all his identifications in auction houses, together with images from the confiscated archives have immediately been made publicly available online via pages such as 'Looting Matters' (maintained by Professor David Gill), 'ARCA blog' (maintained by Dr Lynda Albertson) and most recently 'Market of Mass Destruction' (maintained by Dr Neil Brodie), and the blog of the Committee on Illicit Trade in Cultural Material. It is therefore possible for both experts and non-experts to have a complete, constant and unobstructed view of the on-going situation; Christos Tsirogiannis has also made available online his academic analysis of the identified cases, published in various journals.

However, even after all these revelations, auction houses continue to present the bulk of their stock without a complete provenance that extends the collecting history before 1970; moreover, they always exclude the names of Medici, Becchina and other illicit antiquities dealers from their catalogue entries. As for Symes, he is usually excluded too, although sometimes his name is mentioned, if the auction house feels that the object is safe. Indeed, according to the PhD research of Christos Tsirogiannis at the University of Cambridge on the international illicit antiquities network through the Symes-Michaelides archive, there are a few exceptions: about 6% of the antiquities depicted in the Symes-Michaelides archive indeed had a pre-1970 collecting history. However, over 93% appears to be of illicit origin, looted and/or smuggled or stolen from archaeological sites, often depicted in pieces in the Medici and Becchina archives, and a few are now recognized as fakes. To date, he has identified 733 objects from the Symes-Michaelides archive in auctions, museums, galleries and private collections.

The most recent of these identifications in the Symes-Michaelides archive involves a professional photograph depicting a Roman marble figurine of a draped goddess, on offer at the forthcoming antiquities auction of Christie's on October 25th 2016 in New York (lot 92). Christie's (again) fail to include Symes in the collecting history of this antiquity; the catalogue entry reads: ‘Property from a distinguished Private Collection’. ‘Provenance: With Perpitch Gallery, Paris. Acquired by the current owner from the above, prior to 1991’. The figurine is estimated at $100,000 – 150,000. Since over 93% of the antiquities that Symes sold were illicit, it would be useful to research the full collecting history and true origin of this antiquity (especially before 1991).

Christie's and the antiquities market, in general, claim that they are exercising 'due diligence' on the collecting history of every antiquity they offer. The continuous matches with objects in the confiscated archives, the withdrawal of antiquities before the auctions and their repatriations demonstrate that the much-advertised 'due diligence' procedure is problematic, at the very least. The true picture of auction and gallery sales is one of incomplete collecting histories, unnamed sources and illicit antiquities dealers, disguised as the legitimate previous owners or consigners of antiquities on offer. In addition, the members of the market are constantly complaining that the confiscated archives are not made publicly available by the authorities, in order for the antiquities there depicted to be identified before the auctions. However, there are obvious answers to that complaint, all known to the market representatives.

First, the archives are confiscated evidence of multiple on-going investigations. Second, the market, given its negative reaction and luck of cooperation in each of the identified cases so far, is likely to continue the same non-cooperative policy if the archives were made available to everyone, while the authorities would be losing their only chance to identify the depicted antiquities once they surface for sale and the academics their chance to analyse the true nature of the market. In fact, the members of the market do not take every opportunity to have their stock checked; they refuse to send to the Italian authorities the list of the antiquities to be sold in forthcoming auctions (before compiling the printed catalogue) for fear of letting down their clients/consigners, whose identity is – nearly always – kept concealed with the protestation of 'confidentiality'.

The Roman marble figurine of a draped goddess, lot 92 in the forthcoming Christie's auction, is a typical example of an antiquity on offer: true commercial sources are hidden or not identified; we have an incomplete collecting history employing a chronological generalization ('prior to 1991') and the true country of origin - that is, the place from which the antiquity originally came/was discovered - is not identified. This analysis of the way in which this figurine is presented by the antiquities market encapsulates the state of the market and is a revelation of its deficient practices; this is the true value of this identification.

The Committee on the Illicit Trade on Cultural Material highly deplores such sales and urges every auction house to accurately verify the origin of the objects on sale, and refuse objects with doubtful provenance. In accordance with our statutes, we report any illegal activity, or trade of potentially illegally-acquired material culture. Furthermore, we aim to contribute in any form to discourage commercialisation of archaeological material.

In April of this year luxury real-estate developer and fine arts collector Michael Shvo, based in New York City with offices in New York, London, and Dubai blessed the pages of the Wall Street Journal as one of New York's savvy young developers with more than $4bn (£2.84bn) worth of luxury projects in development. But in September Manhattan DA Cyrus Vance Jr. indicted the business mogul for allegedly evading more than $1.4 million in taxes related to the purchase of fine art, furniture, jewelry and a Ferrari 458 Spider. 

With hefty charges that include criminal tax fraud in the second, third and fourth degrees, repeated failure to file taxes and offering a false instrument for filing in the first degree, The New York indictment alleges that between 2010 and 2016, Shvo told auction houses his art purchases were to be shipped to the Cayman Islands and thus would not be subject to sales tax.

Prior to his indictment, Blouin Art & Auction had listed Shvo on their Power 100 list of movers and shakers with significant influence in the art world.  The charges he now faces, come at a time when dealers and collectors in the New York art market have started to come under increased scrutiny for offenses from fraud to tax evasion. 

The article printed below, republished with permission from the October 2016 issue of the Maine Antique Digest, shows how disconcerting simple it is to move art around like chess pieces outside the established rules of the game. 

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Collector, His Companies, and Two Shippers Indicted for Tax Fraud

Real estate developer and collector Michael Shvo, 43, his companies, Shvo Art Ltd. and Seren LLC, and two shipping companies and their principals were indicted on September 8 in New York City for participating in a scheme to evade the payment of more than $1 million in state and local sales and use taxes associated with the purchase of fine art, furniture, jewelry, and a luxury sports vehicle.

The defendants are charged with criminal tax fraud in the second, third, and fourth degrees, falsifying business records in the first degree, and offering a false instrument for filing in the first degree, among other charges.

“As alleged in the indictment, Michael Shvo went to great lengths to defraud New Yorkers out of more than a million dollars in tax revenue,” said New York County District Attorney Cyrus Vance Jr. in a press release. “This indictment puts other purchasers of fine art on notice: the purposeful evasion of New York State and City taxes is a tax crime, and those who scheme to avoid their obligations will be held criminally and civilly accountable.”

According to court documents, between 2010 and 2016, Shvo engaged in a long-term scheme to evade payment of state and local sales and use taxes on purchases of fine art, furniture, and jewelry. In communications with auction houses and art galleries, Shvo allegedly falsely represented that purchases he made would be shipped to an out-of-state address in the Cayman Islands or other overseas destinations, and therefore no sales tax was collected. Shvo’s purchases were allegedly shipped instead to his office or homes in New York, including an apartment on Columbus Circle and a house in the Hamptons.

Sheridan C.T.S. Hedley (a.k.a. “Tully Hedley”), 33, Guy Drori, 49, and their respective shipping companies, Hedley’s Inc. and Bestguy Moving LLC, are charged with participating in the scheme by providing auction houses and galleries with shipping documentation that deliberately misrepresented the destination of Shvo’s purchases.

It is also alleged that Shvo fraudulently used New York resale certificates, which allow dealers to purchase items solely for the purpose of resale without paying sales tax, in connection with a number of personal purchases, including jewelry valued at more than $65,000 for his wife and furniture for his office in New York.

Shvo evaded payment of New York state and local use taxes on a new Ferrari 458 Spider that he purchased from an out-of-state dealer by establishing a limited liability company in Montana called Seren LLC—named after his wife—and registering the luxury vehicle to the company. According to court documents, no business was ever conducted in Montana and the vehicle was used in New York.

Shvo is accused of evading payments totaling more than $1,000,000 in New York state and local sales and use taxes.

Shvo is alleged to have engaged in a scheme to hide the assets of his company, Shvo Art Ltd., from taxation and evade paying both New York state and New York City corporate taxes on the profits made from the company’s sales of fine art and furniture. Between 2010 and 2016, Shvo Art Ltd. allegedly made efforts to falsely portray the company and its assets as being located offshore, when in fact Shvo operated the company out of his office and homes in Manhattan and the Hamptons. Shvo and his company are charged with failing to file appropriate tax returns and evading the payment of more than $275,000 in corporate tax.

The New York County District Attorney’s Office’s asset forfeiture unit has filed civil papers against Shvo and two of his companies seeking the forfeiture of funds gained through the alleged crimes. In connection with its civil action, the district attorney’s office has secured a temporary restraining order restraining approximately $1.5 million of Shvo’s assets.

To subscribe to the Main Antiquities Digest please see the journal's web link here.

On October 10, 2016 ARCA was informed by Christos Tsirogiannis that he had identified a new potentially tainted antiquity scheduled to be auctioned by Christie's auction house in New York on October 25, 2016 traceable to the confiscated Robin Symes archive.

That item is Lot 92, A Roman Marble Draped Goddess

A screenshot of the provenance/collection history details are added here:

Since 2007 Tsirogiannis, a UK-based Greek forensic archaeologist and summer lecturer with ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection, has sought to identify antiquities of illicit origin in museums, collections, galleries and auction houses that can be traced to the confiscated Robin Symes-Christos Michaelides archives and the related Giacomo Medici and Gianfranco Becchina archives.

Each of these dealer's archives provide insight inside the illicit trade in antiquities and, when combined, include thousands of ancient objects from all over the world which have passed through the hands of smugglers, middlemen, and antiquities dealers who "laundered” illicit objects through the licit market.

Christies Auction Object alongside image from the confiscated Symes archive.

Many have argued that Dr. Tsirogiannis tactics of naming potentially looted objects from the archives via ARCA's blog, David Gill's Looting Matters and on occasion Neil Brodie's Market of Mass Destruction, places auction houses at a disadvantage and should be construed as unfair given the market does not have direct access to the archives.  A valid point, but this is not the first time that an item up for auction at Christie's has been listed for auction exhibiting only a limited version of the objects actual collection history.

How Many? 

This is the third time ARCA has helped to publicise tainted antiquities that Tsirogiannis has identified on auction with the firm Christie's in 2016.  In 2015, objects were identified at the auction house in April, in September, in October and in December.  In 2014 Tsirogiannis identified objects in March, November and in December.  In 2013, ARCA published only one. Each of these auctions excluded key passages through the hands of disgraced antiquities dealers well-known for having dealt in tainted antiquities.

But is the fact that trafficked antiquities continue to make it to licit market the fault solely of the auction house in failing to do sufficient due diligence or are their "distinguished" private consignors, like the one in this month's auction, just as culpable?

It would be interesting to know from the auction house's perspective how many times they are approached by collectors who have purchased illicit objects in the past, but who fail to disclose an object's full collection history, knowing that should they reveal a less than pristine pedigree, the pieces would then become worthless on the licit art market and also potentially be subject to seizure.

Do the big-three auction houses keep records of consignors who falsify or omit collection histories?  Do they in turn share these lists with researchers? And if not, do they share them voluntarily with authorities?

Given the frequency illicit antiquities continue to penetrate the legitimate art market, embroiling firms like Christie's in the repetitive drama of appearing complacent when handling stolen and illegally-exported (illicit) antiquities shouldn't auction houses consider more stringent reporting requirements of their consignors to insure that they do not support the illicit antiquities trade. 

In closing,  given the proven lucrative nature of unprovenanced antiquities on the open market, Tsirogiannis has notified Interpol and the American authorities of his new identifications. Here's hoping that his continued spotlight, however awkward it is for everyone, will serve as a stark reminder that we still have a long way to go before the licit art market is cleaned up.

By: Lynda Albertson