Image Credit: Exhibition Arte Liberata 1937-1947: Masterpieces Saved from War.

This past week Italy's Corriere della Sera newspaper stirred up a long-standing dispute between Italy's National Roman Museum and Germany's Antikensammlungen state antiquities collection regarding who is the rightful owner of the Discobolus Lancellotti, also known as the Discobolus Palombara.  Frozen in a moment of dynamic tension, much like the ownership debate, the marble depiction of an athlete stands as a remarkable example of the classical aesthetics that characterised the ancient world. 

Believed to be a 2nd Century CE marble copy modelled after the original bronze Greek masterpiece created by Myron of Eleutherae around 450 BCE, the Roman version has endured through the centuries and offers its viewers a fascinating glimpse into the Roman's appreciation for the athletes and artistry of the Greeks, as well as the contentious nature of provenance.  The statue depicts the sportsman frozen in a moment of athletic intensity, poised like a coiled spring wound in high tension, to intricately render the disk thrower's musculature and balance. 

The anatomy of the discobolus, as drawn by the talented @PaulCarneyArts

The ancient Villa Palombara in a map engraved by Giovanni Battista Falda (1676).

Depicting an athlete who competed in Greek agones (athletic competitions), the sculpture's popularity became uniquely recognisable, even to non art historians.  Its discovery also provided us with a fascinating glimpse into the artistic preferences and lavish lifestyles of ancient Rome's elites, and marked a seminal moment in what we now know and understand about artistic preferences in the classical period.   

Having reattached his right arm and left foot, the Discobolus sculpture was taken by the Massimo (later Lancellotti) family to Palazzo Massimo alle Colonne, the site of the family's ancestral properties, located on Via Papalis (now Corso Vittorio Emanuele II).  There it was given its own private viewing room on the palazzo's piano nobile or main floor.  Later, it would it be installed by Prince Filippo Massimo Lancellotti and Princess Elisabetta Borghese Aldobrandini at the Palazzo Massimo Lancellotti.

By January 1937 the Lancellotti family was actively shopping the sculpture for a new owner.  Following the 25 January 1937 death of Princess Elisabetta Borghese Aldobrandini, we can document a 29 January 1937 letter written by Gisela Richter to The Metropolitan Museum of Art's director, Herbert E. Winlock, where the US museum director was alerted to the fact that the Discobolus had been shopped by “the very difficult old lady at the head of the house” to foreign museums. 

Yet despite the Met's rather healthy and hastily-gathered purchase budget, capped at $300,000 including export fees, and with Joseph Brummer acting as the museum's purchasing agent through Roman antiquities’ dealers, Ettore and Augusto Jandolo, the Met moved too slowly and the marble sculpture was sold to the German state.  As a consolation prize, the Met was still able to acquire a marquetry studiolo from Federico da Montefeltro’s palace in Gubbio which was sold by the Lancellotti family in 1937 to Adolph (Adolpho) Loewi, a German-Jewish art and antiquities dealer who flipped the piece to the Met before leaving Italy in 1939. 

Germany's fascination with the Discobolus 

Even before its purchase, the discobolus was firmly cemented in the hearts of Germans.  More so when held up as the ideal in the rhetoric, propaganda, art, and architecture of National Socialism.  This fascination can be seen in the evocative prologue of the 1936 film directed by Leni Riefenstahl Olympia – Festival of Nations which documented that summer's Olympics, held in the Olympic Stadium in Berlin during the Nazi period. 

Released in Germany on Hitler’s birthday on 20 April 1938, one month shy of the Nazis’ purchase of the statue, the film begins with a fanciful recreation of the ruins of the Acropolis of Athens, focusing in, with short clips, on a varying group of Greek statues before the montage concludes with a clearer image of the Discobolus as it gradually morphs into the ideal German athlete, Erwin Huber, who competed in the men's decathlon. His transformation was meant to illustrate the 'Vigour and beauty' of ancient Greece reborn in the athleticism and perfect physical form of modern Germany.

But back to the sale of the Discobolus

Bear in mind that in 1937 when Adolf Hitler first expressed interest in the Discobolus, Italy's cultural property was already protected by Law No. 364/1909, commonly referred to as the 'Rosadi-Rava Law.  This law, approved by the Italian parliament, stated that when a good owned by an individual or a private entity is classified as cultural property, the owner remained under an obligation to preserve its integrity (Article 20(1)(a) of the CHC). Furthermore, an authorisation by the Ministry of Education was required before such objects could be moved from their current location, for example, for a showing at an exhibition (Article 20(1)(b) of the CHC)3 or for restoration (Article 20(4) of the CHC).  

In the case of sale, a privately owned antiquity, classified as cultural property, might be sold, but the seller has an obligation to notify the contract to the Italian State within 30 days of the date of the sale.  In case of sale, the State has a pre-emption right, to be exercised within 60 days of the date of receipt of the sale notice (Article 59 of the CHC), all this to say that cultural property of a historic interest to the stated should not have been exported from the national territory on a permanent basis. 

Despite this, Benito Mussolini forced the hand of his then-Minister of Education, Giuseppe Bottai, by tacitly approving an export waiver to Adolf Hitler and not stepping in to deny the statue's export. On 18 May 1938 Galeazzo Ciano, Mussolini’s son in law and the Foreign Minister of Fascist Italy from 1936 to 1943, completed the sales transaction for the Discobolus.  The selling price was five million lire, ($252,000, as calculated later by the US Office of Military Government [OMGUS]), paid out over the protests of Giuseppe Bottai, Minister of Education, and the scholarly community. The German government then paid an additional 1,485,000 lire in export tax to complete the acquisition. 

On 29 June 1938 the Discobolus was shipped by train to Germany and was put on display at the Munich Glyptothek, with Hitler in attendance for its opening premiere on by 10 July 1938.  Some say Hitler opted for the Munich museum over the Staatliche Museen zu Berlin as a technique of oneupmanship.  One hundred years earlier, Ludwig I, the King of Bavaria, had sought to purchase the famous statue for his own collections. 

Adolf Hitler in the Munich Glyptothek with the Lancellotti Discobolus, 10 July 1938 - Image Credit US Library of Congress

The remains of the Roman Hall of the Munich Glyptothek in 1945

By: Lynda Albertson

Fritz Grünbaum's prisoner registry card at Dachau Concentration Camp

On Wednesday, the New York District Attorney's Office in Manhattan executed  search warrants at three US museums, seizing three artworks by Austrian Expressionist Egon Leo Adolf Ludwig Schiele.

The Schiele works are: 

Russian War Prisoner, 1916, a watercolour and pencil on paper hand drawing seized at the Art Institute of Chicago; 

Portrait of a Man, 1917, a pencil on paper drawing seized at the Carnegie Museum of Art; 

Girl With Black Hair, 1911), a watercolor and graphite pencil on paper hand drawing seized at the Allen Memorial Art Museum at Oberlin College.

According to the warrants and Manhattan prosecutors,  “there is reasonable cause to believe” that the works constitute stolen property taken from Franz Friedrich 'Fritz' Grünbaum, an Austrian Jewish cabaret artist, operetta and popular song writer, actor, killed during World War II.  Grünbaum’s extraordinary 449-piece art collection was stolen by the Nazis only to have much of it sold through Eberhard Kornfeld, a Swiss auctioneer, and art dealer based in Bern, without the collector's heir's consent. 

A World War II tragedy, like so many others. 

After the Anschluss, (the annexation of the Federal State of Austria into the German Reich forming a "Greater Germany"), Fritz Grünbaum and his wife Elisabeth "Lilly" (nee Herzl) Grünbaum try unsuccessfully to escape to Czechoslovakia. 

Apprehended and arrested Fritz Grünbaum remained imprisoned in various concentration camps until his murder. On 16 July 1938 while Fritz Grünbaum was imprisoned at Dachau, the Nazis forced him to execute a power of attorney in favour of his wife Lilly. 

Shortly thereafter, and acting pursuant to her husband's under duress power of attorney Elisabeth Grünbaum is compelled to permit Austrian art historian and art dealer Franz Kieslinger, who was a member of the Nazi party, to inventory Grünbaum's property, including his art collection of over 400 pieces to be valued at 5,791 Reichsmarks (RM).  In this collection were 81 pieces by Schiele. 

Kieslinger inventory documented Grünbaum's Schiele artworks: 

Grünbaum's collection also included French watercolours and pieces by French Impressionist Edgar Degas, the German artist Albrecht Dürer, Dutch Golden Age artist Rembrandt Harmenszoon van Rijn, known as Rembrandt, and French sculptor François Auguste René Rodin.  All of the latter were identified by name in the Kieslinger inventory. 

Sometime following Kieslinger's inventorying, the Grünbaum's entire art collection was deposited with Schenker & Co., A.G., a Nazi-controlled shipping company, with the firm the applying for an export license on behalf of collector "Lilly Grünbaum" in November 1938.  Gruesomely, Lilly's address is listed as "formerly Vienna . . . now Buchenwalde," the Nazi concentration camp established on Ettersberg hill near Weimar, Germany.

On January 14, 1941 Fritz Grünbaum was murdered at Dachau in southern Germany. His wife then signed a declaration before an Austrian notary in connection with obtaining her husband's death certificate, stating: 

"[T]here is nothing left," in other words, there is no estate. Therefore, "[b]ecause of a lack of goods or property, there [was no] estate proceeding for inheritance" before the Dachau Probate Court.

She in turn, is murdered four months later, on October 5 1942 at Maly Trostenets death camp near Minsk in Belarus. 

By the early 1950s some 25% of the Grünbaum's collection, including the three seized artworks, was in circulation on the art market through Bern, Switzerland dealer Eberhard Kornfeld.

Seized in place, prosecutors say 3 seized artworks belong to the three living heirs of Fritz Grünbaum and will be transported to New York at a later date.

By:  Lynda Albertson

The Jewish Museum’s current exhibition Afterlives: Recovering the Lost Stories of Looted Art is dedicated to the art objects coveted by some of history’s greatest villains: the Nazi regime. Walking into the museum lobby on a cloudy Saturday afternoon (admission is free on the Jewish Sabbath), I found myself at the end of a long line awaiting entry into the exhibition space.  Surrounded by groups of all ages and backgrounds, we waited in an orderly fashion, taunted by the glimpse of a large Franz Marc canvas hanging just beyond the glass doors.

Image Credit: Jewish Museum

Once granted entry into the exhibition space, the dramatically lit gallery introduces viewers to the idea of an artwork’s biography, not just its creator, but the journey the physical item takes throughout its existence from creation to owners, to looters, to restitution. Following the trajectory of curation, visitors are given a preliminary introduction to the destruction and sacrifice that arose from the Nazi’s systematic plunder of cultural objects. The wall texts and audio guide address topics ranging from the experiences of “degenerate” artist’s to Rose Valland’s valiant efforts working for the Nazis at the Jeu de Paume to the Jewish Museum’s own role in safeguarding the orphaned Judaica of the Danzig Collection. 

In support of this narrative, many of the artworks on display are presented with wall texts that offer a paragraph of art historical analysis followed by a brief description of how the artwork was looted and restituted. Other items on display, such as August Sander’s photographic portraits of his Jewish neighbors seeking to escape persecution, and a concentration camp ledger recording the names of thousands who perished at the hands of the Nazis.  This sobering reminder of the context of this exhibition adds an extra layer of gravitas to the exhibited art objects.  Of the 3478 human beings recorded in this single ledger, only 11 survived. Viewers are not just reading fantastical stories or art historical analyses. They are witnessing the afterlife of the attempted annihilation of Jewish culture and faith. 

Max Pechstein’s Landscape (Nudes in a Landscape), 1912

The exhibition culminates with a display of contemporary works by artists Maria Eichhorn, Hadar Gad, Dor Guex, and Lisa Oppenheim. Each of the aforementioned artists seeks to shed light on the enduring legacy and ramifications of Nazi plundering while simultaneously shedding light on restitution efforts. Maria Eichhorn even put together a dossier of philosopher Hannah Arendt’s field reports, memoranda, and other primary documents from her time as an emissary for Jewish Cultural Reconstruction, Inc. (JCR). This dossier offers a documented view into the restitution efforts that took place in the wake of the Second World War. Visitors are encouraged to take a copy of the dossier with them. The unassuming booklet serves as a tangible record of plunder to take with them back into the real world.  

Image Credit: Aubrey Catrone

* Afterlives: Recovering the Lost Stories of Looted Art is on view at the Jewish Museum in New York until 9 January 2022

Image Credit: Guardia Civil

Arrested in a complex multinational police action code-named Operación Nongreta one of three gun runners arrested in Spain at the end of December has been found to have maintained a "museum" of Nazi-themed objects, alongside a substantial arsenal of weapons and ammunition.

Within the framework of the year-long Nongreta operation, involving the Information Office (UCE3) of Spain's Civil Guard, with the support of the Bundeskriminalamt, (the German Federal Criminal Police Office, BKA), the Andalusian Area Information Section, the USECIC and the GEDEX of the Málaga Command, and members of the GAR and the Servicio Cinológico, law enforcement successfully dismantled an arms trafficking group known to be dealing with drug trafficking cells working the Costa del Sol and Campo de Gibraltar regions in the south of Spain.   

The operation, born out of a noticeable uptick in murders carried out during drug-related crimes committed on the Costa del Sol in the final stretch of 2019 using modified assault rifles, resulted in the arrested of three key actors - two German citizens and one British, who have each been charged with participation in an organized crime group, storing and trafficking of arms and ammunition, drug trafficking, and use of forged documents.  The arms traffickers are believed to have been in operation for at least three years, operating a sophisticated scheme which funnelled weaponry obtained from Eastern Europian countries, with access to the old Soviet arsenals, to drug traffickers in need of weaponry active in southern Spain. 

In breaking up the ring, investigators focused their attention on a seventy-year-old German citizen, a former gunsmith living in Coín on the pretext of being a simple foreign retiree. Through exchanges of information with Germany's Bundeskriminalamt, Spanish authorities were informed that the suspect had spent four years in prison for the illegal modification of weapons and also had a current outstanding European Arrest Warrant (EAW), after an arsenal was tied to him in a Hannover case in 2019.  In that case, a family member has already been sentenced to prison for their involvement.

In a subsequent search of this suspect's home in Coín, the Civil Guard, with the assistance of a firearm-sniffing K-9, found a sophisticated hidden workshop, complete with complex machinery, which tapped into the city's electrical grid in order to operate a milling lathe, column drills, a hydraulic press and a blueing oven, the latter used after erasing the serial numbers to restore the barrels of the weapons to almost mint condition.  This would make the weapons almost untraceable, and therefore a perfect weapon of choice in the clandestine arms market.

It was here that the suspect would modify weapons such as the Zastava M70, (Застава М70), a standard-issue domestic folding-stock Kalashnikov variant once used by the Yugoslav People's Army in 1970.  Short and easily concealable under a coat or loose jacket, the weapons are perfect for drug factions engaged in quick hits when fighting over competing turf.  The weapons had been purchased from collectors in Eastern Europe disassembled and were modified in the Spain workshop for resale. The second suspect, also a German citizen, is believed to have been responsible for the storage and concealment of the weapons in a rented warehouse. 

Image Credit: Guardia Civil

The Third Reich memorabilia was identified in a second suspect's home in Alhaurín el Grandes, a town located in the province of Málaga on the north side of the Sierra de Mijas.  There, the police found tables, shelves and display cases jammed with Nazi memorabilia including a portrait bust of Adolf Hitler, SS Uniforms, helmets, stick pins, insignias, medals, flags, and armbands of the National Socialist German Workers' Party, many of which were emblazoned in some way with a swastika or the Nazi eagle.

After a search of the suspect's home, officers moved on to a safe house he rented on the outskirts of the municipality.  It is in that rented warehouse where authorities uncovered an arsenal ready for sale.  There, law enforcement seized 160 firearms made up of 121 short weapons, 22 assault rifles and 8 submachine guns.  Along with the arms, officers recovered 9,967 rounds of ammunition of different calibres, eight silencers, 273 magazines, a grenade, and a kilo and a half of military explosives. 

Spanish newspapers have identified the holder of the Nazi memorabilia and the warehouse as a 54-year-old German named Tilo Kränzler, who publically claimed to be "the grandson of the real driver of the Nazi leader Adolf Hitler" during an interview which can be found on the Radio Platja d'Aro program "Enigma Report." He is also known to have saught connections with a Spanish far-right group.

In addition to his involvement with arms selling, the Kränzler sold olive oil on eBay, and operated a stall which sold military and Nazi paraphernalia as well as T-shirts with the face of the Swedish activist and environmentalist Greta Thunberg with the label “persona Non Greta.” It was this play on words that became the code name for the UCE 3 of the Civil Guard's Operación Nongreta.

The third lead suspect is a British national who also resided in Coín, who acted as the group's intermediary in the sale between the arms dealers, taking a cut of the profits for the arms sold to drug traffickers working the Costa del Sol and Campo de Gibraltar.  Previously arrested for drug trafficking, this UK individual also using fake passports to hide his identity, several of which were recovered by law enforcement during the operation.

At the search of the British suspect's home, the Civil Guard recovered a pistol with its serial number erased and more than 1,200 rounds of ammunition. 

For now, the Court of Instruction of Coín has ordered that the three remain in custody pending trial while the hashish drug traffickers who operate in the Campo de Gibraltar area and to a large part of the mafias that have faced each other for years in Málaga's Costa del Sol will have a bit of difficulty stocking up on their firearms.

Image Credit: Guardia Civil

Press Contacts:  

In Washington, DC: Marc Masurovsky, (00) 1 202 255 1602 , plunderedart@gmail.com

In New York, NY: Pierre Ciric (00) 1 212 260 6090, pciric@ciriclawfirm.com

New York, NY USA – October 29, 2020

On October 28, 2020, the Holocaust Art Restitution Project, a not-for-profit group dedicated to the identification and restitution of artworks looted by the Nazi, filed, through its counsel, Pierre Ciric, Esq., an amicus brief in support of the plaintiffs in the so-called “Guelph Treasure” case currently pending before the U.S. Supreme Court.

This case involves the Welfenschatz, or Guelph trove, currently in the possession of the Prussian Cultural Heritage Foundation (“the Foundation”) and has been claimed by successors of art dealers who were fleeing the Holocaust. These objects were originally housed in the cathedral in Braunschweig, owned by the House of Guelph. In the 1920s, the pieces were sold to a consortium of Frankfurt art dealers. Later in 1935, the Prussian state, led by Hermann Goering, “bought” the treasure from those art dealers. Following a 2014 rejection of the dealers’ heirs claims by the German so-called “Limbach Commission,” suit was brought against the Foundation and Germany in the U.S. 

In siding with the German defendants, the U.S. Department of Justice (“DOJ”) argued that Germany was immune from suit because “domestic takings” by foreign governments do not fall under the expropriation exception to the immunity rules.

HARP’s amicus brief argues that the DOJ’s defense is baseless because of legal precedents, is contrary to multiple U.S. statutes promulgated by the U.S. Congress and to the long-standing U.S. policy regarding restitution of Nazi-looted artworks claimed by Holocaust survivors.  Finally, the brief argues that the DOJ’s position would raise significant due process concerns by distinguishing heirs of German Jews from heirs of Jews stripped of their citizenship during the Holocaust.

According to Ori Z. Soltes, HARP’s chairman, “it is simply disheartening to see our own government arguing before the U.S. Supreme Court that the Holocaust does not qualify as a genocidal enterprise worthy of being recognized as a ‘violation of international law.’  If the Holocaust does not fall squarely in this definition, then nothing else does!  The Court should reject this baseless argument and ensure that the U.S. remains a proper forum for claimants to seek redress from the genocidal enterprise of looting cultural assets from Jews during World War II.”

The Ciric Law Firm, PLLC is a New York law firm specialized in cultural heritage law and in commercial litigation services for businesses, nonprofit organizations and individuals.

HARP is a not-for-profit group dedicated to the identification and restitution of looted artworks requiring detailed research and analysis of public and private archives in North America. HARP has worked for 22 years on the restitution of artworks looted by the Nazi regime. 

The case is Philipp v. Fed. Republic of Germany, 894 F.3d 406 (D.C. Cir. 2018), cert. granted, No. 19-351 (U.S. July 2, 2020).