In cases of looted, stolen and smuggled cultural goods always the laws of the 'consumer' countries prevail, and most unfortunately not the laws of the victim countries. There is no doubt at all that the Ka-nefer-nefer mask was stolen. The Saint Louis Art Museum is not a member of ICOM [International Council of Museums] and never should be as well.

If nothing else, this case identifies a lack of understanding in the processes available to those wishing to recover their stolen cultural property. We may not like the laws or legal processes of a country, but they are what you have to work with and if the wrong option is taken in the recovery process and you fail to meet the required deadlines then your case will fail, as it has in this case. 

Having followed the twists and turns of this case and actually obtained a copy of the records that exist in Egypt showing where the mask was at specific dates it is clear to me that the wrong process was adopted. Rather than sue for the return of the mask, Egypt should have resorted to the same process that put Fred Schultz in prison for contravening US property law. This would have resulted in the FBI actually having to investigate the conduct of those involved in the sale of the mask to the museum and the provenance that was provided in support of it. 

If these investigations had produced evidence that criminal offences had been committed within the jurisdiction of the US courts then those responsible may well have faced a trial under the criminal process, and had the provenance as supplied to the museum been proven to be bogus then it is doubtful that the museum would, or could have resisted a subsequent claim for the return of the mask. 

Having worked with the Egyptian authorities on the successful prosecution of Tokeley Parry, Fred Schultz and others, which established the effectiveness of prosecuting under national property laws rather than cultural property laws, it is disappointing to find that the many lessons of that case appear to have been forgotten so quickly.

While I am not an attorney, I've been successful in all my investigations and have investigated hundreds of similar cases involving  international  property theft and smuggling. Generally, a U.S.  Federal Inter-pleader action, which is a civil, not criminal procedure, occurs AFTER the federal criminal case has been proven that property is in fact stolen and has a nexus to interstate-international transportation or communication (Title 18 United States Code Section 2314, 2315.)

  

Dick you will remember that our collaboration (under a Mutual Legal Assistance Treaty Request)  the theft of the Teniers painting by a U.S. citizen was just that.  The painting was proven stolen at federal criminal  trial in the U.S. -- even though it was stolen from a London dealer, in London.  That court trial, which led to the guilty plea of the thief of the action of transporting property internationally, determined that the painting was stolen.  The court then acknowledged the ownership of the property by the London dealer. 

In my opinion, a case which FIRST proved that the mask was illegally imported to the United States, rather than relying on the logical presumption, especially when there is sufficient extant evidence to do so, would have prevailed.  

I agree with Dick: Consulting with field experts such as he and myself and a dozen others with well known, actual convictions with restitution in similar criminal cases can avoid such "procedural issues" -- such as the "untested legal theory" (that I interpret as the presumption of stolen and smuggled, rather than the presentation of evidence) as expressed by Judge Murphy.

Provenance:1951/1952 -Mohammed Zakaria Goneim, excavated at Saqqara, Egypt [1]
by 1952 - Unknown Dealer, Brussels, Belgium [2]
- early 1960sKaloterna Collection [3]
early 1960s -Private Collection, Switzerland, acquired from Kaloterna collection [4]
by 1997 - 1998Phoenix Art, S.A. (Hicham Aboutaam), Geneva, Switzerland, purchased from private collection [5]
1998/03/30 -Saint Louis Art Museum, purchased from Phoenix Ancient Art, S.A. [6]
Notes:[1] Excavated by Mohammed Zakaria Goneim, Keeper of the Antiquities of Saqqara, at Saqqara, during his first season (1951-1952) at the site [Goneim, Mohammed Zakaria,"Excavations at Saqqara; Horus Sekhem-Khet, the Unfinished Step Pyramid at Saqqara." Vol. 1. Cairo: Imprimerie de L'Institut Français D'Archéologie Orientale, 1957].
A letter from a scholar, dated December 12, 1999, indicates that the other objects from the Saqqara excavation group were displayed together in the Cairo Museum, suggesting that they were put on display right after Goneim's excavation. The scholar suggests that the mask was never displayed with the other excavated objects and was probably awarded to the excavator himself. This would correspond with its appearance on the European art market soon after its excavation [SLAM document files].
[2] In a letter dated February 11, 1997, Charly Mathez confirms that he saw the mask in a gallery in Brussels in 1952. According to a letter dated October 5, 1999, he did not remember the name of the gallery [SLAM document files].
[3] In a letter dated March 19, 1998, Hicham Aboutaam indicated that an anonymous Swiss collector acquired the mask from the Kaloterna (possibly Kaliterna) family. In a letter of July 2, 1997, addressed to Hicham Aboutaam, the Swiss collector stated that this acquisition took place in the early 1960s [SLAM document files]. The name "Kaloterna" may be a misspelling of the common Croatian name "Kaliterna." The Swiss collector also had an address in Croatia, and it is possible that the collector became acquainted with the Kaloterna (or Kaliterna) family there. 
[4] See note [3]. The Swiss collector requested anonymity.
[5] The Swiss collector's letter of July 2, 1997 confirms the sale of the mask to Aboutaam [SLAM document files]. Aboutaam also states that the mask was in the United States from 1995 until 1997, possibly indicating that it was in the possession of the New York branch of Phoenix Ancient Art, S.A. during that time [letter, September 23, 1997, SLAM document files]. 
[6] Invoice to the Saint Louis Art Museum dated March 12, 1998 [SLAM document files]. Minutes of the Collections Committee of the Board of Trustees, Saint Louis Art Museum, March 18, 1998.

For the Aboutaams, whose father started the gallery in Beirut in the 1960s, the makeover will require not only overhauling some of its business practices, but also restoring a public image dogged by legal and ethical questions. In 2004, after an investigation by the United States Bureau of Immigration and Customs Enforcement, Hicham Aboutaam pleaded guilty to a misdemeanor in connection with his importing and selling for $950,000 a silver ceremonial drinking vessel that at the time was alleged to be part of the plundered Iranian Western Cave Treasure. He paid a $5,000 fine. That same year, an Egyptian court sentenced Ali Aboutaam in absentia to 15 years in prison after he was accused of smuggling artifacts from Egypt to Switzerland. The charges against him were later dropped by the Egyptian court due to a lack of evidence. Such run-ins with the law have made big museums nervous even when nothing may appear untoward. In 2001, the Kimball Art Museum in Fort Worth returned a 2600 B.C. Sumerian statue it had bought from the brothers for $2.7 million for a refund. Hicham Aboutaam said that questions surrounding the taxes on his parents’ estate unraveled the deal.

Piero della Francesca's "Senigallia Madonna"

The 24-by-21-inch work is a prime example of how a seemingly grim acknowledgment -- that the MFA had acquired works most likely looted from Italian soil -- has been turned into a bountiful cultural exchange. Back in 2006, under pressure and scrutiny from Italian investigators with photographic evidence that showed works looted sometime before they arrived in US museums, the MFA and the Metropolitan Museum of Art in New York struck deals to send objects back.

The loan of the Piero is part of a campaign by the Carabinieri, Italy's military police, to publicize their effort to recovery stolen artworks. So the MFA's Lee gallery will feature extensive wall labels detailing both the significance of the work as well as the tale of the theft.

Virginia Curry, a retired special agent with the Federal Bureau of Investigation, who has worked closely with the Carabinieri and also on the 1990 Gardner theft, said the MFA loan truly helps both parties. The MFA gets to show a priceless masterpiece. The Italians, sometimes criticized for reclaiming artworks on prime display in the United States and putting them in storage or in little-seen galleries, are able to share the country's culture.

“That’s really the purpose of it,” said Curry, who is based in Texas. “They’re showing that they’re willing to bring something back. That they’re not just going to demand the return of this material to be placed in a storehouse in Italy because they can’t display it as well as at the MFA or at the Metropolitan. They’re trying to show some responsibility and willingness to share their culture.”

Richard Ellis

The seminar will be presented by two internationally noted art crime investigators. Richard “Dick” Ellis is a former detective with New Scotland Yard, where he founded and led the Art & Antiques Squad for more than a decade. Virginia Curry is a former FBI undercover agent and Art Crime Team member whose high-profile cases have been chronicled in such books as Chasing Aphrodite and The Medici Conspiracy (see full bios at end of release). 

Topics to be covered include the following: 

• Museums: A lecture on museum operations will be followed by a trip to a regional art museum, where participants will visit with professionals regarding exhibit curation, conservation, security and provenance issues. 

Virginia Curry

• Auction houses: A talk about the auction business is followed by a visit to an auction house, discussion with staff, preview of an upcoming auction and participation in a mock bidding experience. 

• Art galleries: A lecture on galleries’ roles in identifying tastes, finding clients and working with them to build collections is followed by visits to local galleries and meetings with owners and artists’ representatives to discuss current collecting trends in contemporary and traditional art. 

• Art crime and looted cultural heritage: From Egyptian antiquities to Native American art to Nazi thefts during World War II, issues of rightful ownership, provenance and repatriation of art works continue to challenge art organizations and governments worldwide. Current cases will be discussed by international experts.

This is about safety and risk management.  Fire and safety codes always ensure that, in the event of an emergency, all doors must release from the inside to allow someone inside during an emergency to exit to safety. The preservation of human life is more important than goods or money (even in a casino).

Without going into further detail, what they did was actually more of a takeoff on the scheme of "How to Steal a Million" [the 1966 movie starring Audrey Hepburn and Peter O'Toole] where the thieves took advantage of the weakness of a security system and the human element.  In this Rotterdam case, the human element was again the sanctity of life over the value of property. The perpetrator did not necessarily have to include a member of museum staff, but rather someone who had access to the building prior to this event.

You cannot change the default setting on the inside door releases in an emergency. As pointed out earlier by Ton Cremers, institutions need to make it harder for someone to get to what they are trying to protect. Building in physical delays such as walls and doors is like building a maze around a high value item "the cheese".

Security professionals assessing risk always determine how long it takes to breach the security measures, resolve the maze and return to safely exit the facility in a direct comparison to the primary responders. If the protocol calls for an alarm to be verified prior to the notification of the police, this delays the police response time, which is also predicated on their own law enforcement priorities.

I very much concur with Dr. Tom Flynn’s recent assessment that stolen art has “utility”. The power of “utility” in economic theory is not necessarily always measured in a cash value.

Former Scotland Yard Detective Ellis Teaching at Stonehill

Here's Richard Ellis instructing class on the topic of due diligence at the "World of Art and the Fine Art of Crime" symposium at Stonehill College in North Easton, Massachusetts.

HELP WANTED: ART EDUCATOR AND SECURITY GUARD, MASTERS DEGREE PREFERRED FOR FULL TIME EMPLOYMENT AT THE GUGGENHEIM. BILINGUAL IS A PLUS

Gallery Guides

Solomon R. Guggenheim Museum

New York, New York

The Solomon R. Guggenheim Museum is seeking Gallery Guides. Gallery Guides serve a dual role as both security guard and art educator.  They are responsible for the security and safety of the artwork and of visitors, and for actively encouraging visitors to discuss their questions and ideas about art.  They are trained and certified in compliance with New York State Certification regulations, and trained as a gallery educator to the standards of the museum's Education department.  They are required to attend and actively participate in all trainings (paid) in security guard procedures, education techniques and exhibition content.  As frontline staff, they are required to maintain a welcoming and professional attitude towards visitors and staff at all times.  Annual performance evaluations will be conducted jointly by the Director of Security and Senior Manager of Adult Interpretive Programs. 

* Provide security during public hours in accordance with established security procedures; keep visitors at prescribed distances from artwork; monitor the flow of visitors in the galleries and report any incident involving visitors touching or damaging art work. 

* Provide for the safety of staff and visitors on the museum's premises during public and non-public hours; assist with evacuation during emergencies; report problems, suspicious activity and safety hazards to a Supervisor and/or Assistant Supervisor.

* Thoroughly prepare for all exhibitions; actively encourage and discuss questions from visitors about current exhibitions, the collection, the Frank Lloyd Wright building, the museum and its history; respond to visitor queries about practical matters such as directions.  

* Overtime is offered but not required.

Qualifications and Requirements:

* A firm schedule of 4 or 5 days, must be available Friday and Saturday

* BA/BFA in art history, studio art, museum education or related field required; MA/MFA encouraged to apply.

* Ability to stand for multiple hours

* Ability to remain alert at all times

* Must qualify for the New York State Security Guard Certification.

* Experience with security issues preferred.

* Professional demeanor and commitment to museum policies, procedures and security/education philosophies.

* Strong interpersonal and communication skills; experience working with the public required, teaching experience preferred.

* Solid working knowledge of modern and contemporary art.

* Bilingual a plus.

* References required.

The Guggenheim offers a competitive salary and excellent medical, dental, life, disability and pension plan coverage.  Our staff also enjoys generous vacation, sick leave and personal days, access to a variety of cultural institutions, discounts to museum stores and a stimulating and collegial work environment.

Qualified applicants please send your resume, cover letter, including salary expectations, and three references to employment@guggenheim.org. Indicate the job title "Gallery Guides" in the subject line.  Only those applicants who meet our requirements for this position will be contacted.

Virginia Curry and Dick Ellis holding a painting  by David Teniers, Peasant Filling His Pipe,  stolen from the Richard Green Gallery in London.

Presenting our partnership with Stonehill College, in which we take full advantage of the beautiful campus and the rich resources of the greater Boston area we offer participants a "hands on" connection and an exceptional experience of scholarship and professionalism with art.  There will be lecturers on campus each morning focusing on topics which initiate the novice aficionado to the economics of art, provide suggestions for researching their own areas of art interest and of course we will discuss crimes against art and share our first hand international experience, scholarship and current topics in the field. 

In the afternoons we visit several museums, premier art galleries and conduct practical exercises, such as participation in a mock auction at Stonehill, and learn about how auctions are conducted at a major Boston fine art auction house our behind the scenes visit.   We will meet museum professionals who will explain their function in regard to exhibition preparation and curation. We’ll try our hand at solving the most important unsolved museum heist in U.S. history. We will observe how conservation specialists work and how security managers manage the risk of the exposure of their treasures.  We'll speak with the curator of an important corporate collection to see how business collects and presents investment art. We'll experience the culture of Boston from the Red Sox at Fenway Park to the clambakes of Cape Cod.  This unique seminar adventure equips you to pursue your interest in collecting and appreciating art and understanding the diverse crimes against art like none other.

Lunches on site at Stonehill College are included.  Transportation for excursions is included.  Scheduled evening events and socials such as the opening Sam Adams Boston Lager toasting reception, Boston Red Sox game, and the closing clam bake, barring inclement weather or unforeseen emergency, are included.  All basic course materials (handouts, etc.,) are included.  Other evening meals and meals off campus are at personal expense.  Local lodging at a discounted rate is available, which includes breakfast and transportation to Stonehill College and return.  Discounted airfare has been arranged through American Airlines for travelers.

Cost: $2,250. A Deposit of $300 is required to reserve your place by May 1, 2012; balance must be received by June 1, 2012.  Kindly respond early since participation is quite limited.