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Showing posts with label Robin Symes. Show all posts
Showing posts with label Robin Symes. Show all posts

September 6, 2022

Tuesday, September 06, 2022 - ,,,,,,,,,,, No comments

Museum restitutions are more than just the sum of their numbers

Image Credit - HSI - ICE

On 21 February 2006 the Metropolitan Museum of Art and the Italian government signed an agreement under which the Met agreed to return 21artefacts looted from archaeological sites within Italy's borders. With that accord, the New York museum yielded its prized sixth-century BC "hot pot," a Greek vase known as the Euphronios krater.  

As part of that historic accord, the museum also relinquished a red-figured Attic amphora by the Berlin Painter; a red-figured Apulian Dinos attributed to the so-called Darius Painter; a psykter with horsemen; a Laconian kylix, and 16 rare Hellenistic silver pieces experts determined were illegally excavated from Morgantina in Sicilia.  It also included a carefully-worded clause which stated:

I) The Museum in rejecting any accusation that it had knowledge of the alleged illegal provenance in Italian territory of the assets claimed by Italy, has resolved to transfer the Requested Items in the context of this Agreement. This decision does not constitute any acknowledgement on the part of the Museum of any type of civil, administrative or criminal liability for the original acquisition or holding of the Requested Items. The Ministry and the Commission for Cultural Assets of the Region of Sicily, in consequence of this Agreement, waives any legal action on the grounds of said categories of liability in relation to the Requested Items.

Admitting no wrongdoing, where there surely was some, this unprecedented and then-considered watershed resolution, put an end to a decades-old cultural property dispute, with both sides choosing the soft power weapon of collaboration and diplomacy, complete with agreed upon press releases that enabled Italy to get its stolen property back without the need for costly and sometimes fruitless litigation.  

The signing of this 2006 agreement was thought to usher in a new spirit of cooperation between universal museums and source nations that those working in the field of cultural restitution hoped would permanently alter the balance of power in the international cultural property debate.  At the time of its signing at the Italian cultural ministry, the Met's then-director, Philippe de Montebello, said the agreement "corrects the improprieties and errors committed in the past."

Heritage advocates applauded the agreement, hopeful that museums around the globe would begin to more proactively explore their own problematic accessions and apply stricter museum acquisition policies to prevent looted material from entering into museum collections.  Coupled with collaborative loan agreements, museums and source country accords like this one, combined with strongly worded ethics advisories, like the one set forth that same year by the International Council of Museums in their ICOM Code of Ethics for Museums should have served to eliminate the bulk of problematic museum purchases and donations without the need for piece by piece requests for restitution and protracted and costly litigation. 

But has it? 

The aforementioned ICOM document clearly states: 

4.5 Display of Unprovenanced Material

Museums should avoid displaying or otherwise using material of questionable origin or lacking provenance. They should be aware that such displays or usage can be seen to condone and contribute to the illicit trade in cultural property.

8.5 The Illicit Market

Members of the museum profession should not support the illicit traffic or market in natural or cultural property, directly or indirectly.

Yet, here we are, 16 years after that signing of the Met-Italy accord, with the same universal museum [still] hanging on to and displaying material of questionable origin, long after their questionable handlers have been proven suspect. Likewise, 16 years later, and with the persistence of the Antiquities Trafficking Unit at New York District Attorney's Office in Manhattan, we see another 21 objects being seized last month from the largest art museum in the Western Hemisphere.   

In total, some 27 artefacts have been confiscated in the last year from the Metropolitan Museum of Art,  In 2022 alone, five search warrants have resulted in seizures of pieces from within the museum's collection,  demonstrating that the Met, and other universal museums like it, (i.e., the Musée du Louvre and the Louvre Abu Dhabi) have yet to satisfactorily master the concepts of “provenance” research and “due diligence”. 

Founded in 1870, the MMA's mission statement states that it "collects, studies, conserves, and presents significant works of art across time and cultures in order to connect all people to creativity, knowledge, ideas, and one another."  Yet, despite holding many problematic artefacts purchased, not only the distant past, but also in the recent, the Met still struggles with the practical steps it should be taking regarding object provenance and exercising due diligence, both before and after accessioning purchases and donated material into their collection.

As everyone [should] know by now, the concept of provenance refers to the history of a cultural object, from its creation to its final destination.  Due diligence, on the other hand, refers to a behavioural obligation of vigilance on the part of the purchaser, or any person involved in the transfer of ownership of a cultural object, (i.e., museum curators, directors, legal advisors etc.,).  This need for due diligence stretches beyond the search for the historical provenance of the object, but needs to also strive to establish whether or not an object has been stolen or illegally exported.  

So while we applaud the Metropolitan Museum of Art for having been fully supportive of the Manhattan district attorney’s office investigations, as has been mentioned in relation to the August 2022 seizure, we would be remiss to not  question why, in the last 16 years, and despite the fact that the “Met’s policies and procedures in this regard have been under constant review over the past 20 years,” the museum has still not addressed these problematic pieces head on.  

This museum is home to more than two million objects. Despite the responsibility and gravitas required for building and caring for such a large collection of the world's cultural and artistic heritage, the Met has yet to establish a single dedicated position, with the requisite and necessary expertise, to proactively address the problematic pieces it has acquired in the past, and to serve as a set of much needed set of breaks, when evaluating future acquisitions, so that the next generation of identified traffickers, don't also profit from the museum's coffers as they did with the $3.95 million dollar golden coffin inscribed for Nedjemankh and five other Egyptian antiques worth over $3 million confiscated from the museum under a May 19 court order.  

For the most part, provenance has been carried out haphazardly, and by only one or two people, working in specific departments, primarily in curatorial research rolls that only covering specific historical time frames or one or two material cultures. The lack of that comprehensive expertise brings us to apologetic press statements and a plethora of seizures like ones we have seen over the last year.  

But moving on to what was seized at the Metropolitan Museum of Art on 13 July 2022. The $11 million worth of objects include: 

a. A bronze plate dated ca. 550 BCE ,measuring 11.25 inches tall, and valued at $300,000.  

This artefact was donated by Norbert Schimmel, a trustee at the Metropolitan Museum of Art, who, during his tenure, was member of the Met's acquisitions committee.  By 1982 he was known to be purchasing antiquities from Robin Symes via Xoilan Trading Inc., Geneva.  This firm shared a Geneva warehouse address (No. 7 Avenue Krieg in Geneva) with two of Giacomo Medici’s companies, Gallerie Hydra and Edition Services.

Symes is noted as being one of the leading international merchants of clandestinely excavated archeology.  His name appears in connection with four different objects in this Met seizure. 

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b. A marble head of Athena, dated ca. 200 BCE, measuring 19 inches tall and valued at $3,000,000.  

This Marble Head of Athena was with Robin Symes until 1991, then passing to Brian Aitken of Acanthus Gallery in 1992.  It was then sold to collectors Morris J. and Camila Abensur Pinto, who in turn, loaned the artefact to the Met in 1995.  It was then purchased by the Metropolitan in 1996.  

Symes's name appears in connection with four different objects in this Met seizure, while Aitken's name comes up frequently as having bought from red flag dealers.  His name appears in connection with two different objects in this Met seizure. 

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c. A fragmentary terracotta neck-amphora, dated ca. 540 BCE, measuring 14.75 inches tall and valued at $350,000. 

This fragmented neck-amphora was purchased by the Met from Robert Hecht (Atlantis Antiquities) in 1991.  Four years later, Hecht's name would appear in seized evidence outlining his key position at the top of two trafficking cordata on a pyramid org chart which spelled out seventeen individuals involved in one interconnected illicit trafficking network.  

Archaeological artefacts sold by Hecht have been traced to the collections of the Met, the British Museum, the Musee du Louvre, and numerous other U.S. and European institutions, many of which have been determined to have come from clandestine excavations.

Polaroids photographs of this artefact, shot after the advent of Polaroids in 1972, are among the seized materials found within the Giacomo Medici archive.  These photos  depict the neck-amphora balanced precariously on a rose-colored upholstered chair. 

As mentioned above, Hecht's name appears in connection with three different objects in this Met seizure. 

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d. A terracotta red-figure kylix, dated ca. 490 BCE, measuring 13 inches in diameter, and valued at $1,200,000.

This fragmented kylix was purchased from Frederique Marie Nussberger-Tchacos in 1988 and consolidated with other terracotta fragments purchased earlier from Robert Hecht in 1979. 

In 2002 Tchacos was the subject of an Italian arrest warrant in connection with antiquities laundering.  And again, as mentioned above, Hecht's name appears in connection with three different objects in this Met seizure. 

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e. A marble head of a horned youth wearing a diadem, dated 300-100 BCE measuring 14 inches tall, and valued at $1,500,000.

This marble head of a horned youth wearing a diadem passed through the ancient art collection of Nobel Prize winner Kojiro Ishiguro, another client of Robin Symes.  It was then purchased by Robert A. and Renee E. Belfer when sold by the Ishiguro family via Ariadne Galleries.  Afterwards it was gifted by the Belfers to the Met in 2012. 

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f. A gilded silver phiale, dated ca. 600-500 BCE, measuring 8 inches in diameter, and valued at $300,000. 

This long-contested gilded silver phiale was purchased via Robert E. Hecht in 1994.  As mentioned previously Hecht's name appears in connection with three different objects in this Met seizure. 

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g. A glass situla (bucket) with silver handles, dated ca. 350-300 BCE, measuring 10.5 inches tall, and valued at $400,000.

This unique glass situla was purchased by the Met through Merrin Gallery in 2000. Photos and proof of sale of this artefact are documented in the archive of suspect dealer Gianfranco Becchina.  Correspondence within in the Becchina Archive cache of business records shows communication between the Sicilian dealer and Ed Merrin and/or his gallery dating back to the 1980s.  In the book, The Medici Conspiracy, by Peter Watson and Cecelia Todeschini, the writers cite one letter written by Merrin Gallery to Becchina, where Becchina was asked not to write his name on the back of photos of antiquities he sent for consideration.

Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure. Merrin Gallery appears in connection with multiple objects within this seizure. 

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h. A terracotta lekythos, dated ca. 560-550 BCE, measuring 5.3 inches tall and valued at $20,000.

This terracotta lekythos was purchased from Galerie Antike Kunst Palladion in 1985 the same year Becchina sold a suspect krater by the Ixion painter to the Musée du Louvre. 

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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i. A terracotta mastos, dated ca. 520 BCE, measuring 5.5 inches in diameter and valued at $40,000.

Before he even moved to Switzerland, Gianfranco Becchina was already selling to the J. Paul Getty Museum in 1975.  According to the Met's records, which we believe contain a date error, this terracotta nipple-shaped cup was purchased from Antike Kunst Palladion in 1975.  However, records show that Becchina emigrated from Castelvetrano in Sicily to Basel, Switzerland after having undergone a bankruptcy procedure in 1976 and formed the Swiss business that same year.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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j. A fragment of a black-figure terracotta plate, dated ca. 550 BCE, measuring 3 by 2.5 inches and valued at $4,000.

This fragment, attributed to Lydos, was purchased by the Metropolitan from Galerie Antike Kunst Palladion in 1985. 

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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k. A fragment of a black-figure terracotta amphora, dated ca. 530 BCE, measuring 2 by 2.6 inches and valued at $1,500.

This fragment, attributed to the Amasis Painter, was purchased from Galerie Antike Kunst Palladion in 1985.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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1. A pair of Apulian gold cylinders, dated ca. 600-400 BCE, measuring 2.25 inches in diameter and valued at $10,000. 

This pair of gold Apulian cylinders was gifted to the Metropolitan Museum of Art in 1981 by Mr. and Mrs. Gianfranco Becchina.

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

__________

m. A bronze helmet of Corinthian type, dated 600-550 BCE, measuring 8.5 by 7.75 and valued at $225,000.

This helmet is one of five Met-donated helmets identified as being part of the Bill Blass collection between 1992 and 2002.  It joined the Met in 2003.  Within the Gianfranco Becchina archive is a page of five Polaroid photographs,which depict multiple bronze helmets, including those from the Bill Blass collection which are part of this seizure. 

Also, among the Becchina archive documentary material are two business documents believed to be related to these transactions. 

The first is a 1989 multi-page export document for a grouping of objects being exported to Merrin Gallery indicating the sale of three helmets, one of which is described as "one South Italian Greek Bronze Helmet of the so-called Corinthian type, with bronze pins remaining for the attachment of the lining. "

The second is a fax correspondence from Becchina to Samuel Merrin discussing some sort of transfer regarding a single helmet and Acanthus Gallery.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.  Merrin Gallery appears in connection with multiple objects within this seizure. 

__________

n. A bronze helmet of South Italian-Corinthian type, dated mid-4th-mid-3rd century BCE, measuring 7.75 inches tall and valued at $125,000.

Like the previous one, this helmet is one of five Met-donated helmets identified as being part of the Bill Blass collection between 1992 and 2002.  It joined the Met in 2003.  Within the Gianfranco Becchina archive is a page of five Polaroid photographs, which depict multiple bronze helmets, including those from the Bill Blass collection which are part of this seizure. 

Also, among the Becchina archive documentary material are two business documents believed to be related to these transactions. 

The first is a 1989 multi-page export document for a grouping of objects being exported to Merrin Gallery indicating the sale of three helmets, Two of which are described as "two South Italian Greek Bronze Helmets, both decorated with incised animals, one with restings [sic] of a plume holder on top."

The second is a fax correspondence from Becchina to Samuel Merrin discussing some sort of transfer regarding a single helmet and Acanthus Gallery.

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.  Merrin Gallery appears in connection with multiple objects within this seizure. 



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o. A bronze helmet of Apulian-Corinthian type dated 350-250 BCE, measuring 12 inches tall and valued at $175,000

Like the previous one, this is one of five Met-donated helmets identified as being part of the Bill Blass collection between 1992 and 2002.  It joined the Met in 2003.  Within the Gianfranco Becchina archive is a page of five Polaroid photographs, which depict multiple bronze helmets, including those from the Bill Blass collection which are part of this seizure. 

Also, among the Becchina archive documentary material are three paper business documents. 

The first is a 1989 multi-page export document for a grouping of objects being exported to Merrin Gallery indicating the sale of three helmets,  two of which are described as "two South Italian Greek Bronze Helmets, both decorated with incised animals, one with restings [sic] of a plume holder on top."

The second is a fax correspondence from Becchina to Samuel Merrin discussing some sort of transfer regarding a single helmet and Acanthus Gallery.

The third is a photocopy of this object with a red line through the image and v/ Me written below. While not conclusive, V/Me most likely refers to venduto (sold) Merrin.  

As mentioned previously, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.  Merrin Gallery appears in connection with multiple objects within this seizure. 

__________

p. A white-ground terracotta kylix attributed to the Villa Giulia Painter, dated ca. 470 BCE. measuring 6.5 inches in diameter and valued at $1,500,000.

This rare Terracotta kylix is the second highest value item of all 21 artefacts seized.  It joined the Met in 1979. Unfortunately it too was purchased via the Galerie Antike Kunst Palladion.

As mentioned above, Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

__________

q. A marble head of a bearded man, dated 200-300 CE, measuring 12.2 inches tall and valued at $350,000.

This marble head of a bearded man joined the Met in 1993, purchased from Acanthus Gallery operated by Brian Tammas Aitken.  Gianfranco Becchina archive documents an October 1988 sales receipt to Aitken for "3 Roman Marble heads" for 85,000 Fr.  

As mentioned above, Aitken's name comes up frequently as having bought from red flag dealers and appears on two different objects in this Met seizure. Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.

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r. A terracotta statuette of a draped goddess, dated 450-300 BCE,  measuring 14.75 inches tall and valued at $400,000.

This terracotta statuette of a draped goddess was donated to the Met by Robin Symes in 2000, in memory of his deceased partner Christos Michaelides.  His name appears in connection with four different objects in this Met seizure. 

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s. A bronze statuette of Jupiter, dated 250-300 CE, measuring 11.5 inches tall and valued at $350,000.

This bronze statuette of Jupiter was acquired by the Met via Bruce McAlpine in 1997. Prior to his death, UK dealer McAlpin had dealings with Robin Symes, Giacomo Medici, and Gianfranco Becchina.

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t. Marble statuettes of Castor and Pollux (on loan), dated 400-500 CE, measuring 24 inches tall and valued at $800,000.

The Dioskouroi had been on anonymous loan to the Metropolitan Museum since 2008 as L.2008.18.1, .2. While the Museum's loan accession record has been removed, a Met catalogue informs us that the statues were "probably from the Mithraeum in Sidon, excavated in the 19th century". 

With a bit more digging Dr. David Gill was able to get further details from the Met itself.  They indicated the pair had come from an "ex private collection, Lebanon; Asfar & Sarkis, Lebanon, 1950s; George Ortiz Collection, Geneva, Switzerland; collection of an American private foundation, Memphis, acquired in the early 1980s".

At some point along their journey, the pair passed through the Merrin Gallery where they were published by Cornelius C. Vermeule, in Re:Collections (Merrin Gallery, 1995).

While a seemingly professional photo of these objects exists in the confiscated Robin Symes Archive, that photo depicts the object prior to restoration.  In that photo,  Castor's leg, and the leg of his horse behind him, are missing.  By the time they arrive to the Met on loan, the two limbs have been reattached. 

As mentioned above, Merrin Gallery appears in connection with multiple objects within this seizure. 

__________

and lastly,

u. A fragment of a terracotta amphora attributed to the Amasis Painter, dated ca. 550 BCE, measuring 3.25 by 4.5 inches and valued at $2,000. 

This terracotta amphora fragment is attributed to the Amasis Painter. It is one of many examples of fragments bought via Gianfranco Becchina's gallery, Galerie Antike Kunst.  It was acquired+gifted by Dietrich von Bothmer to the Met in 1985.

Gianfranco Becchina's name or company name appears in connection with twelve different objects in this Met seizure.


__________

But these seized pieces are more than the sum of these numbers.  They tell us a lot about this one museum's particular lethargy in dealing with or voluntarily relinquishing problematic pieces before being handed a court order.

One thing is certain though, museums reputations certainly do not benefit when dragged into adversarial, long-winded, and sometimes costly claims for restitution.  Nor do they benefit from having their name up in lights when objects are seized on the basis of investigations the museum would have been wise to have done themselves. 

Waiting until either of the above happens also runs counter to, and impedes, the essential purposes of museums, which should be about presenting their collections in innovative ways, and fostering understanding between communities and cultures. The Met would have been better off providing open and equitable discourse about their collection's problems before their hand was forced, as waiting until after says a lot about their true collecting values. 

When museums hedge their bets, hoping that the public's memory is short, or crossing their fingers that source countries are too disorganised, too undermanned or to poor to spend hours looking for problematic works they will pay the price later.  Far better to avoid the painfully slow, one seizure after another reality, and the negative spotlight and mistrust that comes with it, by doing what all museums should be doing, i.e., conscientiously conducting the necessary provenance research and due diligence on their past and potential acquisitions.

Image Credit - HSI - ICE

To close this article, we would like to announce that today, New York DA Bragg returned 58 stolen antiquities valued at over $18 million, to the people of Italy, including a goodly number of the 21 pieces mentioned above.

Image Credit - HSI - ICE

In closing, ARCA would like to thank DA Bragg, Assistant District Attorney Matthew Bogdanos, Chief of the Antiquities Trafficking Unit; Assistant District Attorneys Yuval Simchi-Levi, Taylor Holland, and Bradley Barbour, Supervising Investigative Analyst Apsara Iyer, Investigative Analysts Giuditta Giardini, Alyssa Thiel, Daniel Healey, and Hilary Chassé; who alongside Special Agents John Paul Labbat and Robert Mancene of Homeland Security Investigations as well as Warrant Officer Angelo Ragusa of the Comando Carabinieri Tutela Patrimonio Culturale, Dr. Daniella Rizzo, Dr. Stefano Alessandrini, and Dr. Christos Tsirogiannis gave crucial contributions to the knowledge we have about when, and where, and with whom, these recovered artefacts circulated. 

ARCA would also like to personally thank Assistant District Attorney Bogdanos for the trust he puts in the contribution of forensic analysts inside ARCA and working with other organisation. He and his team's approach and openness has proven time and time again, that such collaboration is worthwhile and fruitful. 

By:  Lynda Albertson


June 29, 2020

Monday, June 29, 2020 - ,,,,,,,, 4 comments

Object Alert: An Illicit antiquity breezes through the windy city

Hindman Auction Catalogue - 16 June 2020
Lot 157
Most of the time, when one thinks of illicit antiquities one imagines them transiting their way through lofty auction showrooms in London, New York, or more recently, as was in the news last week, Paris.  One doesn't usually suspect a homegrown auction house, from the windy city of Chicago, as a place to spot hot art that once passed through the hands of one of Italy's most notorious bad boys, art dealer Giacomo Medici.  But the market for looted or unprovenanced cultural property in America is still going strong and plundered artefacts have the tendency to scatter farther than you think.  Sometimes, when they do, they turn up in places that we don't expect, well, at least until we do.

An art dealer who post-sentence resides in an expansive seaside villa west of Rome, Giacomo Medici was convicted 13 December 2004 of participation in an organized criminal group as its principal promoter and organizer.  Men in his network plundered large swaths of Italy's territory, with the network's loot making its way into some of the world's most prestigious museums and lining the shelves of extravagant private collections.  But despite the sixteen years that have past since his conviction, Medici's ill-gotten wares continue to bubble to the surface, not unlike Italian gnocchi, one object at a time, in slow dribs and drabs and usually not even mentioning his name as was the case with this recent artefact.

This time, in late June, an investigation lead by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), in collaboration with the New York District Attorney's Office and the Carabinieri Command for the Protection of Cultural Heritage turned up another one of Giacomino's antiquities, this time at Chicago's very own, Hindman Auctioneers, a firm which merged in 2019 with Ohio-based Cowan's and shortened its name from Leslie Hindman to just plain Hindman. 

Photographed on pages 116 and 117 of Hindman's 16 June 2020 Antiquities and Islamic Art catalogue, Lot 15, A Roman Marble Torso of a Faun with a Goose lists the artefact's provenance succinctly: 

Private Collection. London, acquired in New York in the early 1990s 
Oliver Forge & Brendan Lynch. London, 2013

What was provided to back up this claim, or what import, export, or shipping documents were submitted to demonstrate that this Italian antiquity's passages into the United States previously, then back across the sea to the UK, then back into Chicago were legitimate, leaves me curious. 

With no difficulty, and without auction consignment profits to incentivise (or disincentivise) my due diligence, I was quickly, and without too much trouble, able to find and cross-reference the 2013 sale via the Forge & Lynch Antiquities - Including the Collection of Ernst Langlotz (1895-1978) catalogue.   This sales PDF documented the previous sale of the mythological half-human, half-goat, creature with a discreet tail in a two-page spread.

Oliver Forge and Brendan Lynch Ltd.,
Antiquities - Including the Collection of Ernst Langlotz (1895-1978) Catalogue - 2013

Joint proprietors of the art dealership Oliver Forge and Brendan Lynch Ltd., Forge and Lynch left Sotheby’s in London in 1997 when the auction house began winding down its London antiquities sales and continued working together for their own ancient art gallery formed in the UK in July 2000.  Both art dealers are familiar with the problem children antiquities dealers of yesteryear from their Sotheby's days, and both have continued to get their reputations scorched brokering suspect art via more recent problematic dealers like Subhash Kapoor. 

So even without Medici's name clearly printed on anything provenance-y provided by the Faun's consignor to Hindman, one has to question first where Forge & Lynch themselves got the piece, and secondly, their own provenance entry for the earlier sale of this artefact, which reads: 

Probably acquired in New York, early 1990s  
Private collection, London, early 1990s-2013

This entry leads me to ask why Hindman changed the "probably acquired in New York" to definitely acquired in New York.  It is also curious why Hindman left off the non-specific "Private collection" in London which at first shakes, might appear less problematic than Robin Symes, whose name appears elsewhere in the June catalogue for LOT 83 from this sale. 

Did someone at Hindman find paperwork that changed the Faun's purported New York acquisition from probable into definite?  And what about that private collection in London from the 1990s until 2013.  Wasn't that one line, even vaguely written, not naming names worth mentioning on the big empty space of the full-page advertisement for the sculpture?  So why did Hindman elect to omit this detail?  

My hunch is that Hindman, who voluntarily relinquished the sculpture of the Faun to the authorities once evidence was presented by law enforcement, operates under the assumption that the occasional confiscation of a found-to-be-looted antiquity identified in their sales catalogues is a reasonable cost of doing business in the murky world of ancient art.  

Risks Hindman has already proved willing to take in the past and that illicit antiquities researcher Christos Tsirogiannis, cooperating with HSI-ICE, pointed out in an earlier Hindman auction, published in the auction house's ‘Worldly Pursuits: An Adventurer’s Collection. The Estate of Steve and Peggy Fossett catalogue. In that sale, Tsirogiannis identified three antiquities which matched archival photos in the Medici and Symes archives which proved that the objects had once passed through, or been shared with the networks of Giacomo Medici, Robin Symes, and Christo Michaelides.

But let's go back to this month's Hindman, June 16th auction catalogue.  In this summer's sale, 127 objects out of 273 are listed without any provenance dates whatsoever.  Of the 146 remaining objects included in the catalogue which do list some date references:

15 show collection history dates which predate the UNESCO 1970s convention;
12 show collection history dates only to the 1970s;
85 show collection history dates only to the 1980s;
32 show collection history dates only to the 1990s;
and 2 only go back as far as the 2000s.

 Knowing that illicit trafficking eyes cannot monitor every single sale, or inquire about every single object consigned to every auction house around the world, leaving out provenance details creates an environment conducive for a game of risk, with dealers more than willing to play, chalking up any losses from the occasional identified object after it has been illegally exported, as inventory shrinkage.

By limiting the details of what is written in provenance descriptions for objects being sold, dealers and auction houses create intentional impediments to those who try to research an object's legitimacy, making it more difficult to discern when an antiquity has passed through the hands of suspect dealers and when a legitimate object has simply been badly documented by a previous owner careless with their receipts.  And that's just speaking to those interested enough, and with the time to dedicate to actually monitor the previous sales of ancient artefacts.

According to a new report published to the LiveAuctioneers website, this inaugural Hindman ancient art auction brought in nearly $1M in sales, proving once again, that despite all the academics screaming about the necessity for clean provenance, buyers of ancient art, for the most part, are not unduly curious about the collection histories of their potential ancient art purchases.  Likewise, more collectors continue to be oblivious or disengaged as to whether or not the antiquities market is problematic and whether or not their lack of curiosity, and lack of due diligence before buying, acts as a catalyst for the destruction of archaeological sites in the Mediterranean world.

Should Hindman have known better with this artefact and should they have been more forthcoming with all of the collection histories listed for this $1M sale's catalogue? Yes and yes.

Hindman Auctioneers was founded by Leslie Hindman in Chicago in 1982.  The firm was not born yesterday, therefore they should be aware of the problems of illicit material infiltrating the ancient art market.  Thomas Galbraith who took over from Leslie Hindman as CEO of the company she founded, (she remains on the board) previously worked as Artnet’s director of global strategy and as interim CEO for Google Venture's start-up Twyla, an online sales platform for art, meaning they both are experienced in art world sales. Given the people at Hindman's helm, and the company's sales presence on the Live Auctioneers sales portal, it also stands to reason that the Chicago auction house has employees with sufficient technical abilities and talent to Google the legitimacy of the objects they accept on consignment and the names of dealers which are problematic.  Given that neither Galbraith nor Hindman are new to the problems of the world, one can assume that their lack of transparency when it comes to collection publishing collection histories for the objects they auction is a conscious choice.

But despite all this, the windy city seems to be gaining ground in the art market. Phillips and Bonhams, both based in London, having opened there, alongside already existing Christie's, and Sotheby's, to keep Hindman company. And browsing through the names of important London and New York ancient art dealers like Charles Ede Ltd., and Royal Athena Galleries whose's pieces were selling in this June's Hindman catalogue, it seems apropos to remind collectors of ancient art (once again) of the need to open their eyes and ask for proof of legitimacy, before simply forking over cash for what might turn out to be tomorrow's new seizure. 

By:  Lynda Albertson

June 10, 2020

Wednesday, June 10, 2020 - ,,,,,,, No comments

A Greek Horse in the US Courts

Image Credit: ARCA
Screenshot taken 02 May 2018

A little more than two years ago, on 01 May 2018 ARCA was informed by Dr. Christos Tsirogiannis, a forensic archaeologist at Aarhus Institute of Advanced Studies in Denmark that a suspect bronze Greek figure of a horse was on consignment as part of an upcoming Sotheby's auction scheduled for 14 May 2018 titled "The Shape of the Beauty: Sculpture from the Collection of Howard and Saretta Barnet." The illicit trafficking researcher had matched the 8th century BCE statuette to three photos found in the confiscated Robin Symes archive. 

Three, (3) photos from the Symes -Michaelides archive
provided by Christos Tsirogiannis
This was the second of two objects in the Barnet collection which have been discovered to have passed through the hands of dealers known for having worked with looters and middlemen.  The first, according to antiquities scholar Professor David Gill, was a 550 BCE Black-Figure Kylix attributed to the Hunt Painter to the Metropolitan Museum of Art which the Barnet family donated to the Metropolitan Museum of Art in 1999 and which was relinquished by the museum via a transfer in title in a negotiation completed with the Italian Ministry of Culture on February 21, 2006.

Given the multijurisdictional nature of the identification, Tsirogiannis had already sent his findings to INTERPOL given that the source country could be Italy or Greece and the object was presently up for sale in a New York auction house.  

After receiving a letter of concern from the Ministry of Culture and Sports of the Hellenic Republic on 11 May 2018, who asserted that a circa-8th century BCE bronze horse was the property of Greece, Sotheby’s withdrew the Lot from auction in order to allow the interested parties time to discuss their findings.  Unable to find a mutually satisfactory solution, the estate of Howard and Saretta Barnet and Sotheby’s together filed a lawsuit, Barnet et al v. Ministry of Culture and Sports of the Hellenic Republic, in the US District Court for the Southern District of New York on 5 June 2018 seeking a declaratory judgment that the bronze horse had been "acquired lawfully and in good faith" by Howard and Saretta Barnet who purchased the Bronze Horse on or about 16 November 1973, for £15,000 and was, therefore, the family's property to dispose of.  The lawsuit, the first of its kind involving an auction house, aimed in some part, to hold the country of Greece responsible for the financial losses Sotheby’s and the family incurred as a result of what the litigating parties believe was an unjustified claim by the Ministry.

On 5 November 2018 Greece filed a motion to dismiss, asserting immunity from litigation, and moved to dismiss Barnet et al's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) arguing that the U.S. District Court didn't have the jurisdiction to hear a case involving a foreign nation, per the terms of the Foreign Sovereign Immunities Act, a 1976 US law codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that establishes the limitations as to whether a foreign sovereign nation (or its political subdivisions, agencies, or instrumentalities) may be sued in U.S. courts.

On 21 June 2019 U.S. District Judge Katherine Polk Failla rejected Greece’s motion to dismiss citing a small technicality in the current legal framework ruling that the formal inquiry letter from the Greek Ministry of Culture to Sotheby's, requesting that the auction house withdraw the lot until its provenance and exit from Greece could be researched, fell under the commercial activity exception, something which, if affirmed on appeal, might have ended the Greek's claim right then and there. 

By mid-July 2019 the Greek Ministry through their attorney, Leila Amineddoleh, had filed a Notice of Interlocutory Appeal and a Motion to stay litigation in the case, which Judge Failla quickly granted pending appeal. 

Yesterday the United States Court of Appeals for the Second Circuit reversed the District Court's ruling stating in their opinion that Greece's act of sending its letter to the auction house was not in connection with a commercial activity outside of the United States and was the country's enactment and enforcement of patrimony laws which are by their very nature, archetypal sovereign activities.  The Appeals Court concluded that the District Court had erred in concluding that it had jurisdiction and the case was remanded with instructions to dismiss the action for lack of subject-matter jurisdiction.

There are many challenges posed by how the courts, and judges, interpret the Foreign Sovereign Immunities Act and its "commercial" and "expropriation" exceptions.  This case though had a happy ending for Greece. 

November 3, 2019

Sunday, November 03, 2019 - ,,,,,, 1 comment

Dear Christie's: What's the story on your provenance on this antefix?


An interesting antefix has been published with Christie's as part of their December 4, 2019 sales event which deserves a closer examination regarding its legitimacy on the ancient art market.  For those who do not know, an anteflix is an upright ornament, used by ancient builders along the eaves of a tiled roof to conceal tile joints.

The provenance for the antiflix is listed as follows:

Provenance

While not specified in Christie's very brief collection history, Ingrid McAlpine was the wife of Bruce McAlpine, husband and wife proprietors of McAlpine Ancient Art Limited in the UK. 

While not completely identical, the soon to be auctioned anteflix on consignment with Christie's, closely resembles another ancient Etruscan antefix in the form of a maenad and Silenus.  This one once graced the cover of the exhibition catalog "A Passion for Antiquities: Ancient Art from the Collection of Barbara and Lawrence Fleischman."   That South Etruscan, 500-475 BCE, terracotta and pigment antiflix was purchased by the J. Paul Getty Museum from the Barbara and Lawrence Fleischman collection via Robin Symes for a tidy sum of  $396,000 and exhibited at the Cleveland Museum of Art in 1995.  Later, in 2007, that antiquity would be relinquished to Italy by the J. Paul Getty Museum after the antefix was matched to a Polaroid photo recovered during a 1995 police raid on warehouse space rented by Giacomo Medici at Ports Francs & Entrepôts in Geneva. 

The Christie's auction antefix also closely resembles another pair of suspect terracotta and pigment antefixes depicting a maenad and Silenus.  This grouping was once on display at the Ny Carlsberg Glyptotek museum.  Like with the J. Paul Getty purchase, an image of the Copenhagen antefix showing a fragmentary antefix were matched with photos in the seized Medici dossier.  As with the Getty terracotta, this object too was eventually restituted to Italy. 

Bruce McAlpine's name also comes up with other illicit objects later identified as having been laundered through the licit art market which were later assessioned into a collection at a prestigious museum.  An Attic black-figured hydria (no.3), once on display at the Museum of Fine Arts in Boston came through McAlpine via Palladion Antike Kunst, a gallery operated by Ursula Becchina, the wife of Gianfranco Becchina.  In addition, the Italian authorities working on these restitutions seized a copy of a letter, written by the staff of Bruce and Ingrid McAlpine Ancient Art Gallery dated 8 July 1986 which tied them to at least one transaction with Giacomo Medici via companies the disgraced dealer operated through third parties, fronts or pseudonyms. 

 One final illustration of the triangulation in the world of illicit transactions


The names of Bruce and Ingrid McAlpine appear alongside Robin Symes AND Barbara and Lawrence Fleischman for the donation of an Apulian bell-krater to the Museum of Fine Art in Boston. This vase too was restituted to Italy in October 2006.

All of which leads to several questions

Why was Bruce Alpine's name and the name of his ancient art firm omitted from the provenance record published by Christie's ahead of the December 4th auction?   

Was this omission an accidental oversight on Christie's part or an elective decision, perhaps as a way to reduce the possibility of the object's previous owners drawing unnecessary attention?    

What collection history does the auction house have, if any, that predates the 1994 McAlpine acquisition date?

and lastly,

What steps, if any, did Christie's take to contact the Italian authorities , in order to crosscheck whether or not this object might or might not be acceptable for sale? 
By:  Lynda Albertson

July 2, 2019

Tuesday, July 02, 2019 - ,,,,,,,,, No comments

Auction Alert - Bonhams Auction House - An il(licit) Apulian red-figure janiform kantharos?

Screenshot of Bonham's website captured 01 July 2019
On July 01, 2019 ARCA was informed by Christos Tsirogiannis that he had identified a new potentially tainted antiquity scheduled to be auctioned by Bonhams auction house in London at its flagship London saleroom on New Bond Street on July 3, 2019.  This ancient Greek drinking vessel, has two faces looking in opposite directions, one of a satyr and one of a woman and has been identified as traceable to a document and photo within the confiscated Becchina archive and to two showroom photos found within the Symes-Michaelides archives.  

Since 2007 Dr. Tsirogiannis, a UK-based Greek forensic archaeologist and lecturer with ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection, has worked to identify antiquities of illicit origin in museums, collections, galleries and auction houses that can be traced to the archives of individuals known to be involved in the illicit trade of antiquities. Tsirogiannis is also the incoming Associate Professor and an AIAS-COFUND Junior Research Fellow (2019-2022) at the Aarhus Institute of Advanced Studies at the University of Aarhus.
  

Screenshot of Bonham's website captured 01 July 2019
Vases made by the Iliupersis Painter's workshop were the forerunners to the later Apulian polychrome head vases that were produced throughout the second half of the fourth century before Christ in what is now Italy.  Yet a screenshot of the provenance/collection history listed by Bonham's is scarce and tells nothing about the vessel's discovery or its passage out of Italy.  In fact the auction house's collection history only goes back to 1991 when it appeared as Lot 161 in a Sotheby's New York auction via an anonymous seller on the 18th of June.  This and the mention of Merrin Gallery and an unnamed private collector are all the potential buyer has to go on.   No information is listed on the auction house's website regarding the ancient object's exportation from its country of origin or any checks possibly made with the Italian Carabinieri to ensure this object is not part of the Italian's known databases of suspect objects. 

Becchina Archive Image
According to records reviewed by Tsirogiannis, a handwritten note in the Becchina archive, possibly written by Gianfranco Becchina himself, makes mention of a ‘janiform’ purchase along with other antiquities acquired via middleman Raffaele Monticelli.  The purchase price listed is 60,000 Italian lire and the sale appears to have occurred on March 5, 1988.  All the antiquities listed in this purchase acquisition from Monticelli total 290,000 Italian lire, with the kantharos being the most expensive ancient object in the transaction.

Raffaele Monticelli's role in the illicit antiquities trade is concretised in the now famous illicit trafficking organogram which mentions key individuals associated with Italy's largest known trafficking group.  He was convicted in 2002 and sentenced to four years imprisonment at the Foggia Tribunal for conspiracy related to the trafficking of antiquities.   His conviction occurred a little more than a decade after the kantharos appears to have surfaced in the US market in 1991.  

A retired elementary teacher, who gave up teaching for the more lucrative roll of middleman dealer, Raffaele Monticelli is a name well known to the Italian Carabinieri of the Cultural Heritage Protection Command of the Cosenza and Bari nuclei.  His most recent arrest occurred in 2017 in connection with clandestine excavations of archaeological sites in the Crotone area. At the time of the more recent 2014-2017 investigation, Monticelli's residence was searched and illicitly excavated objects were seized, including some ancient terracotta figurines and a biansata kylix of Greek origin. This new event shows that the trafficker continued to violate Italian law despite prior arrests and convictions well into his golden years.

But returning to the past and to the Bonhams kantharos currently set for sale later this week.

On the trafficking organogram Monticelli is listed just above the territories where he plied his trade: the regions of Puglia, Calabria, Campania, and Sicilia.  This illustrates that he was active in the region where this kantharos was likely produced.  The organogram also specifies that Monticelli was an important part of the Southern Italy cordata which lead upwards to Robert (Bob) Hecht via Gianfranco Becchina and downward to Aldo Belleza.

This connection is further confirmed by testimony given by Frédérique Marie Nussberger-Tchacos, after her arrest in Cyprus in 2002. Tchacos, who also goes by the name Frieda Nussberger-Tchacos, as well as by Frida Tchacos Nussberger, once oversaw the now liquidated Galerie Nefer AG and was once a member of the International Association of Dealers in Ancient Art (IADAA).  Speaking to Italian Prosecutor Paolo Giorgo Ferri, who issued the international arrest warrant for Tchacos and initiated the legal process for her extradition to Italy, Tchacos is quoted as having said:

Becchina Archive Photo.
“a precise triangle” referring to Bob Hecht, Gianfranco Becchina, and Raffaele Monticelli.  She further stated that Monticelli supplied “everything that could be found in the south of Italy; I think Apulian [vases], I think terracottas, I think bronzes. . . .” all of which turned out to be factually true.  Becchina's wife Ursula also affirmed that her husband obtained material from Monticelli.

Monticelli's relationship with Gianfranco Becchina was a lengthy and profitable one.   

Among the 140 folders seized in 2001 from Gianfranco Becchina, there were many suppliers, some of whom were middleman and traffickers in direct contact with those who excavated clandestinely, as well as some tombaroli who communicated directly with the Sicilian dealer.  Becchina's confiscated records contain four folders cataloging his transactions with Monticelli, many of which contain long lists of objects as well as some Polaroids such as the one depicted to the right, from which Tsirogiannis made his matching identification.

This photo depicts the kantharos unrestored, with a large chip in the rim and still covered with incrustations.  It appears to be standing on a wooden shelf in front of a barren concrete wall, possibly at Becchina's warehouse in Basel, or perhaps in a restorer's laboratory and in its entirety also depicts additional objects which have yet to be identified and may be in circulation on the market.

At some period after the object's restoration two photos of the kantharos are taken.  These are found in the Symes-Michaelides archive.  The photos showing the front and back of the object post restoration, and in keeping with the state of conservation found in the Bonhams auction photos as illustrated below.

Top Left & Bottom Left: Bonhams Photos
Top Right & Bottom Right: Symes-Michaelides archive Photos 
As is often the case with objects originating from these known dealers and middlemen one is curious as to the extent of the documentation, if any, was used by Bonhams to evaluate whether or not this particular ancient object had legitimacy on the ancient art market.

During past criminal proceedings then prosecutor Ferri spoke of the Becchina-Merrin relationship believing their involvement could possibly be part of a broader conspiracy to traffic in artifacts that involved the Americans then on trial.  As evidence lending credibility to his statement, a 1993 fax within the Becchina dossier from the Merrin Gallery to Becchina requests that photos of artifacts sent by the disgraced dealer to the Manhattan firm, used to show to potential customers, not be marked with "BEC."  In addition to that other artifacts which have been repatriated to Italy after being tied to Becchina also on occasion passed through the hands via this Manhattan gallery.  Some, later deemed illicit, were sold to various U.S. museums, including the J. Paul Getty in Los Angeles.

Shouldn't the lack of any known provenance before 1991, coupled with the name Merrin Galleries drawn some amount of cautious attention?  Curiosity?  Additional due diligence?

In my own curious searches in completion of this blog post, I asked Tsirogiannis at 07:52 this morning to look for the following object sold by Christie's auction house on June 4, 2008 in the confiscated archives.



This Apulian red-figure Lekanis, drew my attention for its equally spartan collection history but more importantly for the fact that it appears to be by the same workshop, that of the Iliupersis Painter and was aparently sold during a very active period with this particular trafficking band.

By 11:37 Tsirogiannis had found and I have confirmed, what appears to be a second matching object within the Becchina dossier, albeit the Christie's photo shows some overpainting. My impression that the red-figure Lekanis didn't pass the sniff test proved accurate.  According to Tsirogiannis' review, this antiquity comes from the same group of objects that Becchina bought from Monticelli on, you guessed it March 5, 1988!

Could this come from the same find spot?  Could Merrin have bought more of these objects from Becchina?


Let's hope that both auction houses will look into the records of the dealers consignors and purchasers affiliated with these objects.  While the Lekanis has long since been sold, it should be traceable to the current purchaser.  The second should be withdrawn from the London auction to allow the Italian and British authorities sufficient time to conduct a thorough investigation.

NB:  All Identifications have been submitted to the appropriate legal authorities.

By:  Lynda Albertson


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