Dr. Erin Thompson, a New York Professor recently wrote about this, now restituted Roman marble portrait bust of a bearded man which was sold by Phoenix Ancient Art in 1998 to the Metropolitan Museum of Art.  When it was sold, this marble portrait of a vigorous middle-aged man with sharply turned head and piercing gaze was said to have been part of the collection of Belgian-born, Neuchâtel resident André Lagneau, who had gotten it in 1977 from the Geneva collector Pierre Sciclounoff.  At the time, we thought the piece may have originated in Libya. 

Sciclounoff (1926-1997), who moved to Geneva from Bulgaria, was a powerful attorney and businessman in the city who is known to have been a friend and advisor to other powerful men of the period including Aristotle Onassis, Edward Kennedy, the Geneva Rothschilds, and J. Paul. Getty.  He was also an avid and wealthy collector, filling his 50-room mansion with art and antiquities while becoming a patron to the Musée d'Art et d'Histoire (MAH) in Geneva, although he seldom visited it.  

Jacques Chamay, a problematic curator from this Geneva museum, wrote a memoir of sorts about Sciclounoff's important collection of Greek vases, many of which, from southern Italy, have problematic provenances as well as a second book about the disbursal of specific pieces once part of the Sciclounoff collection. 

Chamay's first book about this collection was published through the Hellas & Roma association (started by Chamay) in its 19th volume, which assisted in providing a veneer of legitimacy to ancient objects in the collection which otherwise had no prior collecting history, aside from their initial purchase by the Geneva-based lawyer.  Chamay published a second volume of Sciclounoff's collection, Céramiques de grande Grèce et autres antiquités : Pierre Sciclounoff collectionneur et mécène, 1926-1997 in 2021.  It presented forty additional antiquities in the attorney's collection, including a grouping of astonishing monumental vases with mythological and funerary themes, several of which have never been studied, nor previously published on. 

Sciclounoff is also known to have been purchased a forged Vermeer, painted by Hans van Meegeren, formerly in the collection of Hermann Wilhelm Göring via a transaction with the Dutch arms dealer Daniël George van Beuningen. That work was returned to van Beuningen’s family after the conclusion of World War II and the family in turn gave it to Pierre Sciclounoff, its Geneva-based lawyer.  

Sciclounoff also had transactions with Christian Boursaud, who opened Galerie Hydra with Giacomo Medici. He also conducted business with the Swiss classical archaeologist and art dealer Christoph Leon, who brokered the J. Paul Getty Museum’s 1993 purchase of the looted Greek gold funerary wreath for $1.1 million, as well as the 1984 sale of all twenty-one pieces of Apulian pottery, looted from a single grave, which were later restituted from the Altes Museum.

Aside from Sciclounoff's mention in the Metropolitan Museum of Art's accession record for the Roman marble bus of a bearded man when it was acquired by the museum, ARCA didn't find any related open source evidence connecting this bust to either the Sciclounoff collection or of him having sold a bust of this description on/around 1977 to André Lagneau. 

So who was André Lagneau? 

ARCA began cataloguing Lagneau's pieces in circulation by Phoenix Ancient Art, in 2017.  Back then, the Aboutaams Swiss investigation was gathering steam, and it wasn't until 2019 that Paris Match reporter Frédéric Loore reported that Ali Aboutaam had been charged in Switzerland with VAT fraud, concealment and breach of the law on the transfer of cultural goods.

While the open source digital footprint André P. Lagneau was very small, who could see that he was purportedly an archaeologist and ethnographer, as well as a subject matter expert in Switzerland who studied to the doctorate level.  According to a single open-source record, Lagneau purportedly also collaborating with federal customs, and at least one UN agency.  

A biography published on the website Art Passions in 2015 stated that Lagneau was at some unnamed date responsible for the detailed inventory and the reorganisation of the ancient Egyptian collections at the Musée d'ethnographie de Neuchâtel, for which he wrote and published a brief explanatory brochure.  He was also known to have collaborated with Jacques Chamay, who he visited at the Musée d'Art et d'Histoire (MAH) in Geneva. 

Exploring further, ARCA documented more than twenty-five eclectically diverse artefacts tagged with Lagneau's name as the prior owner, several of which, listed below, are found in other notable museum collections.  All have demonstratable proof that they were once in circulation via the Aboutaams or other art market actors, who are documented as having possessed, and/or circulated, problematic antiquities. 

Take for example the following: 

This Black-Figure Mixing bowl (krater) with sprinters at the Museum of Fine Arts - Boston was sold by Phoenix Ancient Art in 1998.  André Lagneau attested that this krater had been in his collection, and that he had acquired it in 1975 from his friend, Pierre Sciclounoff.

This 500 BCE Archaic-period terracotta oil lamp was gifted in 2001 to the Harvard Art Museums/Arthur M. Sackler Museum by Dina and Hicham Aboutaam. Its ownership history is recorded as being: 

an integral part of the personal collection of a Belgian family. The family of Dr. Andre Lagneau moved from Belgium to Geneva, Switzerland in 1961. They now live in Neuchatel.

Yet, no mention is given as to when or how or from whom Lagneau acquired it from. 

This diminutive 2900–2350 BCE, Mesopotamian (Sumarian) votive statue of a male cupbearer, with large inlaid eyes, bear to the waist and wearing a kaunake, was purchased by the Saint Louis Art Museum from Phoenix Ancient Art, S.A. on 28 September 2000.  It comes with a letter dated May 18, 2000 from Andre Lagneau purportedly confirming that the figurine was acquired by his father, Alfred Lagneau, sometime in the 1950s, from a cousin, Auguste Hiermaux, who was an officer in the Belgian army occupying Germany. 

Dr. André Lagneau, Switzerland, [date and mode of acquisition unknown]; Antiquarium Ltd. New York, 1996, no. ANT 1375 [mode of acquisition unknown]; Walters Art Museum, 1997, by purchase.

Planned as a focal point of the Memorial Art Gallery at the University of Rochester's Egyptian collection, this 332 BCE-30 BCE, Ptolemaic Period anthropoid coffin, nested in the rectangular outer coffin, has eyes decorated with shell and stone, eyelines and chin lines of inlaid glass, and a face of gold leaf gilding.  Both pieces were purchased by the Memorial Art Gallery at the University of Rochester via the Marion Stratton Gould Fund in 2000 with a provenance of: 

Private collection, Lucerne, Switzerland; purchased from that owner by the family of Dr. Andre P. Lagneau, Neuchatel, Switzerland, ca. 1970; purchased from Dr. Lagneau by Francis Wilhelm, Geneva (dealer); purchased from him by Antiquarium, Ltd., New York (dealers); purchased from them by the Gallery, 2000.

Note: This is the same New York gallery that the New York Times reported earlier this month had recently surrendered 20 valuable ancient artifacts linked to the trafficker Douglas A.J. Latchford.

This portrait head of a middle-aged bearded Plato shows chips and damages above the right eyebrow and across the forehead.  His nose is also broken.  This artefact was purchased on 9 June 2011 by Yale University Art Gallery during a sale at Christie's New York as Lot 200. 

According to an attestation signed and dated 21 May 2011 by Lagneau and provided by the consignor of the artefact, Lagneau saw the bust in the apartment of Byron Zoumboulakis, Geneva, in the second half of the 1960s on the occasion of a visit to Zoumboulakis’s apartment gallery at the Rue de la Taconnerie in Geneva, with Niklaus Dürr, Curator at the Musée d'Art et d'Histoire, Geneva. 

This 2000 BCE Mesopotamian lama deity with the head of a man and the body of a reclining bull was purchased by the Museum of Fine Arts - Houston in 2003.   It's provenance is listed as: 

Alfred Lagneau (d. 1979), by the early-1950s–1979; by inheritance to his nephew, André Lagneau, Neuchatel, Switzerland, from 1979;[Phoenix Ancient Art, New York/Geneva, by 2003]; purchased by MFAH, 2003.

The Museum of Fine Arts - Houston also purchased a set of mosaic panels depicting The Musical Contest between Apollo and Marsyas in 2006.

Their provenance is listed as: 

René Bursztejn-Lavigne (d. 1981) and Mercedes Alfonseca Bursztejn-Lavigne, 1970–1981; by inheritance to Mercedes Alfonseca Bursztejn-Lavigne, 1981–1988; sold through Dr. André Lagneau, Secretary General of Credit Suisse; purchased by Sleiman Aboutaam (d. 1998), Geneva, 1988–1998; by inheritance to his sons, Hicham Aboutaam and Ali Aboutaam, New York, 1998–2006; sold through [Phoenix Ancient Art, New York/Geneva]; purchased by MFAH, 2006.

In 2015 Egyptian art collector Joseph A. Lewis II and his wife Sofi, known for their problematic loaned and donated pieces, gifted these two Egyptian Ushabtis, one for Khaemwaset and one for Ramesses to the Michael C. Carlos Museum.  Said to have been found at the Serapeum in Saqqara, Egypt, both were purchased between January and March 2012 from Galerie Gunter Puhze in Freiburg, Germany with a purported provenance that stated they were acquired by Florent Dalcq from the Service des Antiquities in Egypt in 1923 and then passed on to André Lagneau. 

This Egyptian white glazed composition shabti for the Lady of the House, Inhay has a similar backstory.   

This artefact came up for sale at Bonhams, London, New Bond Street on 28 November 2017 with a provenance listed as:

Florent Dalcq (1878-1950) collection, Belgium, acquired from the Service des Antiquities (Egyptian Museum, Cairo Museum) in 1923; and thence by descent to the Andre Lagneau collection, Neuchatel.

with Galerie Puhze, Freiburg, 2011.

Private collection, North America.

It would be nice to compare the documentation concretising this 1923 transaction across all three ushabtis.  

Why I am bringing all this up? 

According to a 29 September 2021 Swiss penal order André Lagneau, in Switzerland, in a period between 1992 and 2016, was accused of having

•⁠  ⁠produced and/or signed false invoices,

•⁠  ⁠produced documents of indications of source contrary to reality,

•⁠  ⁠provided indications of source contrary to reality to be used by others,

and this, for the purpose of obtaining cultural goods, within the meaning of article 2 of the law on the transfer of cultural goods (LTBC), a pedigree aimed at dispelling suspicions of illicit provenance and/or at facilitating their customs transfer and their sale on the art market.

These facts were committed mainly within the framework of his relations with Phoenix Ancient Art and Lagneau was found guilty. 

According to the same Swiss penal order, during a hearing held 20 August 2019, at Lagneau's home, given his particularly fragile state of health, he admitted to having made false invoices and attestations in furtherance of specific antiquities sales.   

Following the Swiss six-year investigation into the provenance of 15,000 antiquities, Ali Aboutaam pled guilty to charges of violating Swiss law on the transfer of cultural properties on 10 January 2023, admitting to the use of forged provenance documents.  He was given an 18-month suspended jail sentence, a three-year probation term, and ordered to pay 450,00 Swiss Francs (approximately $488,000) in legal costs to the Geneva Police Tribunal.

Listed as "a passionate collector" with the initial's "BM" (one convenient letter off from his actual initials of "AL") this November 2021 SwissInfo news article, cites that André Lagneau was convicted of forgery in relation to this antiquities scheme and sentenced to a suspended fine of 4,500 francs at the age of 86.  His sentence was relatively light due to his advanced age and the statute of limitations having expired for several of the offences which were committed between 1992 and 2006. 

In the end, André Lagneau died, at age 89, on 2 June 2023 in Neuchâtel.  He was never questioned about the veracity of his paperwork and attestations in relation to any of the objects sold or donated to the 9 museums in the United States mentioned in this article.  

Taken together, these transactions raise a narrow but serious legal and evidentiary point.  Where a museum acquisition depends on a prior owner’s attestation, and that same individual is later convicted of producing false invoices or false provenance statements in connection with antiquities sales, the evidentiary value of any unsupported provenance associated with that individual is necessarily diminished.  This does not, by itself, prove that every object linked to Lagneau is illicit.  It does, however, mean that museums, dealers, and researchers can no longer treat his attestations as neutral or self-authenticating evidence.

For the Roman marble portrait bust that was restituted by the Metropolitan Museum of Art, the problem was not simply that its earlier collecting history remains incomplete.  The problem was that the claimed chain of ownership appeared to rest on names and documents now associated with a proven pattern of provenance laundering.  In legal and ethical terms, that distinction should matter to all museums.  A provenance gap is one kind of risk.  A provenance gap bridged by a later-discredited attestation is another.

The Lagneau-linked material dispersed across these major American museums should therefore be reviewed with heightened scrutiny.  Institutions that acquired objects through Phoenix Ancient Art, Antiquarium Ltd., Galerie Puhze, or other market actors or collectors associated with these known chains of criminality should not wait for law enforcement intervention before reassessing their files.  Due diligence is not satisfied by preserving old paperwork in an acquisition file when that paperwork has become materially unreliable.

At a minimum, museums should publicly disclose the underlying documents accompanying these objects which supports these purported provenances, identify which statements depend solely on Lagneau’s attestations or invoices, and distinguishing between independently corroborated ownership histories and unsupported market narrative.  Where no credible pre-1970 or lawful export history can be established, continued retention becomes increasingly difficult to justify.

By:  Lynda Albertson

I. Introduction

This blog report outlines the legal proceedings and final judgment in the case of Qatar Investment and Projects Development Holding Company & Anor v. Phoenix Ancient Art SA & Ors, culminating in a decision by the England and Wales High Court (King's Bench Division) in April 2025. The case centers on allegations of fraud and misrepresentation concerning the sale of antiquities to Sheikh Hamad Bin Abdullah Al-Thani by Phoenix Ancient Art, based in New York and Geneva.

II. Background

Between 2013 and 2014 Sheikh Hamad Bin Abdullah Al-Thani, through Qatar Investment and Projects Development Holding Company (QIPCO), acquired several antiquities from Phoenix Ancient Art, including:

• A chalcedony statuette of Nike, purchased for $2.2 million.

• A marble head of Alexander the Great as Herakles, purchased for $3 million.

al Thani raised concerns in early 2018 about the authenticity of the Nike statue after receiving a report claiming that microscopic inspection detected modern machine tool markings and machine polishing inconsistent with ancient craftsmanship.

III. Legal Proceedings

• Initial Claims and Limitations: In his initial complaint filed on 22 October 2020 with the high court of London, Sheikh Hamad Bin Abdulla al Thani, represented by the lawyers Pinsent Masons, accused Phoenix Ancient Art of breach of contract and/or negligent misrepresentation on the part of the gallery as the vendor of the $2.2 million Byzantine statuette of Nike whose authenticity is disputed.  Roland Ansermet was also named in the 22 October 2020 UK lawsuit.  In their response, the defendants contested the claims, arguing also that they were time-barred under the Limitation Act 1980. The High Court initially sided with the defendants 27 July 2021 ruling that despite issues related to the Covid 19 pandemic,  the complainant had failed to serve his complaint on Phoenix Ancient Art within the reasonable time limit.  In April 2022 the UK Court of Appeal upheld this decision, emphasising procedural adherence over pandemic-related delays.

• New Action and Allegations: On 8 September 2023, Sheikh Hamad Bin Abdulla al Thani and QIPCO file a new claim, asserting fraud, fraudulent misrepresentation, and unlawful means conspiracy. The court permitted these claims to proceed, determining they were not clearly time-barred and did not constitute an abuse of process.

• Summary Judgment: On 4 June 2024, the High Court granted summary judgment in favour of QIPCO, citing Phoenix Ancient Art's failure to disclose critical documents and evidence supporting allegations of fraud and misrepresentation.

IV. Final Judgment and Remedies

On 11 April 2025, the High Court ruled in favour of Sheikh Hamad Bin Abdullah Al-Thani, issuing a summary judgment pursuant to CPR 24.3 against Phoenix Ancient Art, Ali and Hicham Aboutaam, and the retired Swiss antiques dealer, Roland Ansermet concluding that Phoenix Ancient Art had engaged in fraud, dishonesty and fraudulent misrepresentation in relation to al Thani's claim. The court imposed a worldwide asset freeze of $10 million against Phoenix Ancient Art to secure potential damages and costs.

V. Implications

This case underscores the importance of due diligence and transparency in the art and antiquities market.  It highlights the legal responsibilities of dealers to provide accurate provenance information and the potential consequences of misrepresentation. The judgment serves as a precedent for future disputes involving the authenticity of cultural property.

References

• Qatar Investment and Projects Development Holding Co & Anor v. Phoenix Ancient Art SA & Ors [2024] EWHC 1331 (KB)

• Qatar Investment and Project Development Holding Company & Anor v. Phoenix Ancient Art SA [2022] EWCA Civ 422

• "Qatari royal wins court ruling over provenance of £4m antiquities," The Times, April 2025.

ARCA summers are pretty busy as each year.  Since 2009, the Association has hosted its multi-course Postgraduate Certificate Program in Art Crime and Cultural heritage which often means posting new developments in the art and antiquities crime sphere slow while we turn our attention towards trainees.  Now that the 13th edition of this annual PG Cert has concluded, we can take time to reflect on some of the summer's more interesting art and antiquities stories, two which involve the ancient art gallery, Phoenix Ancient Art.

More pieces, More Accusations

Back on the 15th of May, Gotham City, a French-speaking Swiss news website that focuses on white-collar crime reported that Ali Aboutaam, the Geneva-based ancient art dealer was again in hot water with the public prosecutor's office.  Despite his previous conviction in January 2023, where he received an 18-month suspended prison sentence,  Ali Aboutaam is again the focus of a new Swiss investigation.

According to the Geneva public prosecutor's office, Ali is alleged to have possessed two suspect alabaster (brucite) statues, representing a man and a woman, while, according to Gotham's reporting, he “knew that these cultural properties had been illicitly acquired during illegal excavations in Yemen”.  Assessed by art historians, at least one of the small statues is believed to come from an area located in the southern Yemeni plateau known for the immense Himyarite Kingdom .  The area is home to a large necropolis, Shuka, which dates to the 1st-3rd centuries CE and has been the focus of looting in varying periods.

Dat-Hamin Stele

In their research to prepare for their upcoming auction, Sotheby's staff discovered that the stele had been photographed and documented as a part of the Aden Museum's collection in Yemen.  The artefact had been looted in July 1994 during what is referred to as the Summer War, a civil war fought between the two Yemeni forces of the pro-union northern and the socialist separatist southern Yemeni states and their various supporters.  Relinquished by the dealers, U.S. Immigration and Customs Enforcement (ICE) ultimately seized the stele in September 2003, and the stela was officially signed over to the Yemeni ambassador in December 2004.

Following that civil war, Yemen implemented wider legal protections for its cultural heritage, although instability resulting from the present-day civil war continues to make enforcement difficult.  Law Number 21 of 1994 on Antiquities, as amended by Law Number 8 of 1997, is the primary law governing ancient sites and objects in the country.  

This law defines Yemen's “archaeological” materials; vests their ownership in the State, and controls their protection, conservation, restoration, and study.  It addresses aspects of ownership, permissions and obligations for archaeological work, introduces penalties for the illegal trade, and sets duties and guidelines on how to deal with discovered and excavated objects.  

As such, it will be interesting to evaluate what documents Phoenix possesses in support of their circulation of these two objects in Switzerland, which are presently of interest to that country's public prosecutor. 

Moving on to Taxes...

On 18 July 2024 Switzerland's Bundesgericht, the country's Federal Supreme Court in Lucerne issued several ruling impacting Ali Aboutaam.  Judgments 9C_107, 9C_184, 9C_187 and 203/2023 of 18 July 2024, issued by Federal Judges Thomas Stadelmann as the Presiding Judge, along with Judges Margit Moser-Szeless and Michael Beusch, rejected a series of complex appeals, made through the art dealer's attorneys, concerning outstanding tax assessments in relation to the importation of a group of antiquities, some housed outside the gallery and outside the Ports Francs et Entrepôts de Genève. 

In rejecting Aboutaam's appeals, the higher court's final rulings reaffirms that the Swiss-based brother has to pay approximately 3.5 million Swiss francs ($4,125,444.82) in outstanding value-added tax (VAT), as assessed by the Bundesamt für Zoll und Grenzsicherheit (Federal Customs Administration) and largely affirmed by the Federal Administrative Court.  Ali was also ordered to pay late interest payments totalling approximately 900,000 Swiss francs (another $1,060,995.36).

In November 2021, Aboutaam had originally handed a SFr 1.6m fine via Swiss customs, including the costs of the proceedings.  The tax authorities came after the antiquities dealer in that instance after Phoenix Ancient Art imported 37 million Swiss francs worth of antiquities into Switzerland between 2010 and 2017, but without paying the applicable VAT.