Blog Subscription via Follow.it

Showing posts with label art restitution. Show all posts
Showing posts with label art restitution. Show all posts

December 3, 2023

Sunday, December 03, 2023 - ,,,,,, No comments

Claiming Legacies: Italy, Germany, and the Post-WWII Ownership Battle for the Discobolus

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

Rediscovered on the Esquiline Hill in Rome on March 14, 1781 during an excavation carried out by workmen working for the Marquise Barbara Savelli Palombara (1750–1826) and her husband Papal postmaster Camillo Francesco Massimo (1730–1801), the statue was unearthed on the grounds of the 17th century Villa Palombara sull'Esquilino.  There, the accidental archaeology of the diggers unearthed what would turn out to be an extraordinary collection of ancient artistic masterpieces, only one of which was the life-size, 156 centimetre-tall Discobolus.  

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

Initially cleaned in the 18th century by Giuseppe Angelini, it was Italian soon-to-be  archaeologists Giovanni Battista Visconti and Filippo Waquier De La Barthe who first published on the the marble sculpture as a Roma copy of Muron's bronze original in 1801, augmenting their research with an illustration by Carlo Fea. 

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 Lancellotti Discobolus then spent a decade in Germany, enduring the tumultuous period of World War II and escaping the heavy damage to the Glyptothek in the summer of 1944, when the museum was badly hit by Allied bombing raids. Thankfully, the bulk of the Glyptothek collection of sculptures and works of art had previously been brought to safety in monasteries. What had to be left behind, and not immediately destroyed by the bombing, suffered severe damage in the waning years before its restoration, as the cultural heritage institution was left without a roof. 

The remains of the Roman Hall of the Munich Glyptothek in 1945
.
After the war, the Discobolus was ordered to be returned to Italy, as part of a broader repatriation effort termed the “Exceptional Return of Works of Art” by Allied authorities.  Rodolfo Siviero, Italy's postwar representative dedicated to repatriating art taken from the country since 1937, was known to have played a pivotal role in advocating for the return of the marble statue and other contentious works of art. These pieces, all acquired by the National Socialist government, were contested on the grounds that the export permits were illegal, and in violation of the law of 1909. 

But the return of the Discobolus was not without its controversies. On Germany's side, letters of protest were sent to the U.S. Secretary of State, as well as to President Truman.  One of these was signed by thirty-six German staff members working at the Munich Central Collecting Point (CCP).  Another letter of protest, organised by a professor at the University of Munich, was signed by eighty-eight German officials.  

Calls for the decision's repeal were subsequently directed to the colonial authority known as the Office of Military Government, United States, (OMGUS) in Berlin and ultimately culminated in the resignation of Herbert S. Leonard, in November 1948, from his position as director of the Munich Central Collecting Point (CCP).  Leonard having resigned in opposition to OMGUS's fixed decision to return seventeen paintings and the sculpture to the Italian government.

The Italian authorities have always maintained that the collection was seized by Fascist leaders and gifted to the Nazis. While Leonard and others working on the provenance of objects held at the collecting point pointed to the fact that sculpture had been purchased by Nazi Germany in 1938 after Mussolini declared an "axis" between Germany and Italy on 1 November 1936 and prior to the start of World War II on 31 August 1939 and was therefore not an under duress sale.

Once back in Italy, in 1948, the Discobolus became part of the collection of the National Roman Museum at Palazzo Massimo.  More recently it has been part of an exhibition at the Scuderie del Quirinale titled Arte Liberata 1937-1947: Capolavori Salvati dalla Guerra dedicated to the theme of cultural heritage at risk during World War II.  Afterwards, following a major reorganisation which is anticipated to take three years, the statue is expected to be moved permanently to Palazzo Altemps, close to Piazza Navona.   As for whose property the statue is, well I will leave that debate to the lawyers. 



By: Lynda Albertson


February 23, 2023

Thursday, February 23, 2023 - ,,,,,,,,, No comments

77 looted artefacts to the Republic of Yemen and a well known Brooklyn dealer


On February 21, 2023 the United States restituted 77 looted artefacts to the Republic of Yemen via its Embassy in Washington DC.  This marks the first time in nineteen years that the US has restituted material to that country, the last being a single funerary stela in 2004.  

This week's handover included 11 ancient Quranic manuscripts and 64 South Arabian stelae, many carved in relief, depicting male faces with oval eye-sockets (originally containing inlays) and eyebrows in low relief, some of which have Sabaean or Qatabian inscriptions dating them to c.4th-1st century BCE.  

Participating in the ceremonial handover were Yemeni Ambassador Mohammed Al-Hadhrami, the U.S. Attorney’s Office for the Eastern District of New York, Steve Francis, Acting Executive Associate Director, HSI at the U.S. Department of Homeland Security (DHS), the U.S. Department of State, and representatives from the Smithsonian Institution. 

The roots of this handover date back to an investigation started a decade ago. 

In May 2011, a federal grand jury in the Eastern District of New York issued a sealed multiple-count indictment charging four individuals as having together with others, engaged in a scheme to smuggle illicit cultural property into the United States. 

The four charged in U.S. v. Khouli et al. CR.11-340, (E.D.N.Y) were: 

• Brooklyn-based antiquities dealer Mousa Khouli (aka Morris Khouli) of Windsor Antiquities, 
• Then-Michigan-based coin dealer Salem Alshdaifat of Holyland Numismatics, 
• UAE-based dealer Ayman Ramadan of Nefertiti Eastern Sculptures Trading, and,
• a collector, Joseph A. Lewis, II, president and CEO of Pharma Management Corp. 

According to the indictment, between October 2008 and November 2009 Khouli had arranged for the purchase and smuggling of a series of Egyptian antiquities into the United States from Dubai, specifically a set of Egyptian funerary boats, a Greco-Roman style Egyptian coffin, a three-part nesting coffin that once contained an ancient Egyptian named Shesepamuntayesher, and some Egyptian limestone figurines.

All of the aforementioned Egyptian artefacts mentioned in this article were recovered during a joint investigation conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, and U.S. Customs and Border Protection.  Some of the artefacts had been seized at the Port of Newark, New Jersey, the garage of Khouli's Brooklyn, New York, residence, his New York gallery, and during the search of co-defendant Joseph A. Lewis II’s residence. 

During the Egyptian materials investigation, agents also found artefacts from other countries whose correspondence and invoices also contained inconsistencies or irregularities.  This resulted in a separate civil complaint, filed on July 13, 2011, seeking forfeiture of not only the Egyptian material, but Iraqi artefacts, cash, and the artefacts we have seen returned to the Republic of Yemen this week. 

On 18 April 2012, Khouli pled guilty to the charges of smuggling Egyptian cultural property into the United States, and making a false statement to law enforcement authorities.  As part of his guilty plea, Khouli also entered into a stipulation of settlement, resolving a civil complaint seeking forfeiture of the Egyptian antiquities, Iraqi artefacts, cash and other pieces of cultural property seized in connection with the government’s investigation.  

On November 20, 2012 Khouli was sentenced to six months home confinement, with up to 200 hours of community service, plus one year of probation and a $200 fine.  

Due to the ongoing eight-year conflict between the Republic of Yemen Government (ROYG) and the Iran-backed Houthi insurgency, by agreement, these artefacts will remain in the United States, housed at the Smithsonian’s National Museum of Asian Art, for the next two years, but will eventually be returned home. 


Mousa Khouli is a dealer ARCA has written about on this blog in the past.  He continues to do business in New York, though now under the business name of Palmyra Heritage Gallery.  In 2016, we wrote about another suspect artefact handled by this Brooklyn dealer, a c. 3rd-5th century CE Palmyrene funerary head of a woman.  Despite being Syrian in origin, it was sold with questionable Israeli paperwork and remains in circulation. 

February 10, 2023

Friday, February 10, 2023 - ,,,,, No comments

A 2,500-year-old sculpture from the monumental ruins of Chavín de Huantar is returned to the Peruvian ambassador

The site of Chavín de Huantar

What we know about the monumental ruins of Chavín de Huantar, thousands of feet up in the Cordillera Blanca, the Andean highlands of Peru, is spartan.  Here, members of a pre-Inca culture, left us with what archaeologists believe to be a temple complex, consisting of a maze of ruined granite and sandstone structures – or step pyramids, cyclopean walls, and wonderful carved sculptures which date from around 1000 BCE. 

Already mentioned in the sixteenth-century chronicles of Pedro Cieza de León, the site of Chavín de Huantar, is located kilometers north of Lima.  It's unique architecture resulted in it being declared a World Cultural Heritage Site by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 1985.  

Distinct, not only for its massive flat-topped pyramid temple, but also for what archaeologists call its "cabezas clavas," more commonly called temple nail heads.  These front-facing, pumpkin sized heads, were architectural elements, and were usually carved from volcanic tuff and made to resemble zoomorphic faces.   Used as decoration, they were positioned horizontally and equidistant from each other along the temple walls. 

Usually, these nail heads, carved with open eyes, closed mouths, crushed noses, and contracted muscles. When found intact, they also have an elongated stone extension bracket on the back.  This wedge was used to insert the sculptural element, like a nail, into the structure's wall, hence the name they were given.  Many of the Chavín de Huantar nail heads were originally positioned along the south, east, and west façade of the Chavín temple, garnishing the building in a horizontal row and positioned evenly under the temple's carved stone cornices.   

Some 42 nail heads were originally recorded and identified between 1919 and 1941 by Julio C. Tello, America's first indigenous archaeologist.  Most of which were lost in the aftermath of a 1945 flood that covered the archaeological site.  Others have been lost to looters. 

Over time, as many as 100 complete or almost complete nail heads, discovered after 1950, have been found and preserved from the Chavín culture, with almost all of those accounted for coming from official excavations.  These, are now part of the permanent collection of the National Museum of Chavín.  Sadly, only a single original nail head remains in situ. 

Yesterday, in a ceremony conducted at the Swiss customs office, Basel/Weil am Rhein-Autobahn, the president of the Office fédéral de la culture (OFC), Carine Bachmann, returned a smuggled nail head to Peru's Ambassador HE Luis Alberto Castro Joo.  According to the OFC, this ancient architectural element, which weighs in at nearly 200 kilograms, was discovered by Swiss customs officials during a routine customs control check conducted in 2016 of a courier transporting the object from Germany into Switzerland.

Suspicious of the statements declared by the freight forwarder, who had tried to introduce the artefact into Switzerland as a "non-cultural good," and therefore not subject to specific heritage laws, employees of the Federal Office for Customs and Border Security - BAZG,  stopped the object's entry to examine it more closely.  Over time, and with the assistance of heritage experts, the Swiss authorities came to the conclusion that the artefact was, in fact, unregistered cultural property and moved for the artefact's seizure in accordance with the Cultural Property Transfer Act.

Shortly thereafter,  during a cantonal criminal proceeding, an order of confiscation was entered by the Basel public prosecutor in 2017.  This in turn allowed the artefact to be eventually restituted to the Government of Peru in the formal ceremony held yesterday.  

September 3, 2022

Saturday, September 03, 2022 - ,,,,, No comments

Restitution: A timeline of one black stone stela of Durga


The Supreme shakti, Maa Durga, an incarnation of Goddess Parvati, the daughter of Himavan, the lord of the mountains. She is the mother-goddess -- Shakti -- the power that runs the universe and is worshiped with utmost devotion in Hindu religion.  According to legend, Durga was created for the slaying of the demon Mahisasura by Brahma, Vishnu, Shiva, and the lesser gods, who were otherwise powerless to overcome him. Embodying their collective energy (shakti), she is both derivative from the male divinities and the manifested representation of their power and fought Mahishasura over a period of fifteen days during which he kept changing his shape to become different animals and misled her.


She is perhaps the most important goddess of the Hindus, often depicted triumphantly as the destroyer of evil – with her ten mighty arms carrying lethal weapons. Through all her forms, she encompasses the essence of salvation and sacrifice so it is fitting to try and outline here the passage of one venerated sculpture that has recently gone home thanks to the work of the New York District Attorney's Office in Manhattan and their Antiquities trafficking unit. 


On/around 1960s
A 14th century black stone stela of Durga, an object of reverence and worship, venerated in a shrine in the Kathmandu Valley in Nepal is stolen.


The stolen stela features the story of the Goddess Durga's battle with the asura Mahishasura who roamed the universe destroying everything that blocked his way framed within an aureole with beaded rim and flaming border. At the center Durga stands with one leg resting on the tigerish Dawon, offered by gods to serve as a her mount. She is sculpted with her many arms radiating around her holding a conch, a discus, a lotus, a sword, a flame, and her trishula, a trident used to strike down Mahishasura as he transforms into a buffalo. 

Here is a simplified overview of her journey following her plunder in Nepal, through the hands of corrupt dealers and a very wealthy collector in the United States.   The hard and attentive work of law enforcement agents, public prosecutors, trafficking analysts and anti-trafficking advocates combined successfully brought this endangered cultural and religious sculpture back home to the people of Nepal. 

Established Chronology

After its theft in the 1960s and by 1969
The 14th century black stone stele of Durga from Nepal surfaces in New York with numerous Nepali statues handled by "dealer and trafficker Doris Wiener during the 1960s" before being sold to Asian art collector and longtime partner at Wall Street investment house of Lehman Brothers, Paul E. Manheim, who in turn donates and loans many artworks to the Hofstra University Museum of Art in Hempstead, New York in Long Island.  

For two decades Manheim was a fundamental contributors and advisors of loans and donations to various other museums including the Brooklyn Museum, the Fralin Museum of Art at the University of Virginia, the Hood Museum, the Los Angeles County Museum of Art, the Museum of Fine Arts Boston, the Smithsonian, and the Snite Museum of Art at the University of Notre Dame.  He also advised Robert Lehman on his own multi-million dollar collection which is now at the Metropolitan Museum of Art.  

20-21 September 1985
Sotheby's hosts its "Indian, Tibetan, Nepalese, Thai, Khmer and Javanese Art, Including Indian Miniatures"sale in New York. 

A rather hefty with 710 lots, the property included pieces with Paul Manheim, Robert Ellsworth, George Bickford, the Hagop Kevorkian Fund, and the late Mr. Robert Payne.  50 sculptures were consigned by Paul E. Manheim. 

16 September 2009
Christie's New York offers over 200 selected works in the sale of Indian and Southeast Asian Art, including exceptional bronzes, stone sculptures and Indian miniatures. This auction too includes a selection from the collection of Mr. and Mrs. Paul E. Manheim, as well as various other private collections.

13 September 2011
NB: A similar 15th century black stone stele of Durga from Nepal is consigned to Christie's in New York for its upcoming 13 September 2011 Indian & Southeast Asian Art Auction and is assigned Lot 345. 

The listing states that the artefact was on loan to the Hofstra University Museum of Art, New York since 1969 and lists its provenance as: 

Collection of Mr. and Mrs. Paul E. Manheim, New York, on loan to Hofstra University Museum of Art, New York, since 1969

The artwork sells for USD 6,250.

12 September 2012
The 14th century black stone stele of Durga from Nepal is consigned to Christie's in New York for its upcoming 12 September 2012 Indian & Southeast Asian Art Auction and is assigned Lot 543. 

The listing states that the artefact was once on loan to the Hofstra University Museum of Art, New York from 1969-2010.

Its provenance, like with the September 2011sale, is listed as: 

Collection of Mr. and Mrs. Paul E. Manheim, before 1969.

The artwork sells for USD 16,250.

23 March 2022
The 14th century black stone stele of Durga from Nepal is scheduled for auction at Christie's for a third time, listed as coming from a distinguished Chicago collection and estimated to sell for 12,000 - 18,000 USD.   The stela is withdrawn in advance of the sale.

6 June 2022
Based on an investigation conducted by Assistant District Attorney Bradley Barbour, Investigative Analyst Daniel Healey, Hilary Chassé, and Apsara Iyer; and Special Agent Igor Gamza of Homeland Security Investigations, under the supervision of Assistant District Attorney Matthew Bogdanos, Chief of the Antiquities Trafficking Unit and Senior Trial Counsel, with investigative support by Dr. Erin Thompson, the black stone stele of Durga from Nepal is formally seized. Its seizure was made possible by the evidence from the Manhattan Office’s investigation into Nancy Weiner, the daughter of Doris Weiner, who was convicted in September 2021 for her role in trafficking and selling millions of dollars’ worth of stolen antiquities in New York County.

24 August 2022
The New York District Attorney's Office in Manhattan returns of the 14th century black stone stele of Durga to the people of Nepal.  In a formal handover ceremony held at the Manhattan District Attorney's office, acting Consul General Vishnu Gautam received the black stone stele of Durga from Nepal from Manhattan District Attorney Alvin L. Bragg Jr.

The repatriation ceremony was also attended by agents from U.S. Homeland Security Investigations (“HSI”) New York, including Acting Deputy Special Agent in Charge Mike Alfonso as well as analysts from the DANY- Manhattan Antiquities trafficking Unit. 

In closing, and as ARCA has said (repeatedly) in the past, buying and selling ancient art requires a prudent purchaser, one willing to research the provenience (country of origin) and provenance (history of ownership) of an object they intend to own, and to evaluate the available information in the context of the current legal framework.  

When details of an object's past are omitted, by the seller, by an antiquities dealer or by an auction house, either intentionally or accidentally, and/or when a buyer knowingly turns a blind eye, each are complicit in facilitating the illicit market and the destruction of cultural heritage.  In the 21st century churning trafficked antiquities through the legitimate marketplaces, buying, selling, and donating,  intentionally mislabeled pretty things while still conveniently clinging to the negligent “don’t ask, don’t tell” approach is inexcusable. 

April 20, 2021

Tuesday, April 20, 2021 - ,,,,,,,, 1 comment

Restitution: Manhattan and US authorities hand over 33 artefacts stolen from the the Islamic Republic of Afghanistan

Image Credit - HSI ICE

Afghanistan, one of the world’s poorest countries, has been plagued by war and corruption.  That vulnerability has long made it a target for looters, many of whom have stripped thousands of Buddhist and Hindu antiquities, some dating back more than 1,800 years, from their find spots.  But while decades of conflict have devastated the Afghanistan countryside and left its populations impoverished, its dealers like Subhash Kapoor with his tony Art of the Past gallery on Madison Avenue in New York who turned other peoples' misery and misfortune into personal profit.  

Kapoor's clients turned a blind eye to the provenance of the artworks he procured, as did important museum institutions who readily purchased work through the dealer or accepted tainted donations from his well-heeled clients with regularly.  As seen in the restitutions over the last month, this network involved with this single New York ancient art dealer was able to source, procure, and sell illicit material from Afghanistan, Sri Lanka, Nepal, Southeast Asia, and southern India, often in quantities of a staggering scale.                                                                            But this week, thirty-three of those plundered artworks were handed over to the Islamic Republic of Afghanistan, via its first female Ambassador to the United States, Roya Rahmani.  In accepting these artefacts Ambassador Rahami knowledgeably stated: 

“The environment that allows for the plundering of Afghanistan’s treasured antiquities is the same environment that allows for the perpetuation of conflict...traffickers are not just robbing Afghanistan of its history, they are perpetuating a situation where peace does not manifest and the region does not stabilize. Looting Afghanistan’s past is looting Afghanistan’s future.”

Image Credit: The office of Afghan ambassador, Roya Rahmani

Image Credit: The office of Afghan ambassador, Roya Rahmani

The 33 artefacts restituted this week were part of a hoard of 2,500 objects valued at $143 million which were seized between 2012 and 2014 as a result of the Subhash Kapoor investigation and the ongoing case being built against the dealer in the United States.  Since August 2020, the Manhattan DA's office, their Antiquities Trafficking Unit and their partners at Homeland Security Investigations have successfully restituted 338 stolen objects to seven countries.

Image Credit - HSI ICE

As we can see from the substantial number of restitutions over the last four weeks, including two artefacts to the Democratic Socialist Republic of Sri Lanka and three 13 - 16th century CE artefacts stolen from the Federal Democratic Republic of Nepal, the breadth of the problem of illicit material in liberal circulation on the legitimate ancient art market is not a minor problem, but rather something more pernicious.  

Despite this, the New York success stories over the last month demonstrate what public prosecutors can do, when art crimes are given a higher priority.  Allocating sufficient resources and allowing collaborative access to experts can serve to facilitate successful law enforcement investigations into criminal activity within the ancient art market which stretches over years and between jurisdictions.  The result being the plundered heritage can be confiscated and returned back home in accordance with the laws of particular jurisdictions involved.

Tuesday, April 20, 2021 - ,,,,,,,, No comments

Restitution: Manhattan and US authorities hand over three 13 - 16th century CE artefacts stolen from the Federal Democratic Republic of Nepal.

One week after its last restitution, on the first of April, the Consulate General of the Federal Democratic Republic of Nepal in New York received three more Kapoor-handled artefacts at the Manhattan District Attorney’s Office. Those artefacts were: 

  • a 13th century CE wooden beam depicting a colored Apsara
  • a 14th-15th century CE gold seated Buddha in Bhumisparsa Mudra, 
  • a 15th-16th century CE seated Ganesha 
All three of these ancient objects were seized pursuant to the Manhattan DA's investigation of antiquities dealer Subhash Kapoor.  In furtherance of the occasion, Consulate General Mr. Bishnu Prasad Gautam, and District Attorney of New York County Mr. Cyrus Vance Jr. signed an agreement establishing the recovery, hand over, and repatriation of the antiquities to the Federal Democratic Republic of Nepal.  


Mr. Gautam expressed his thanks to the United States Department of Homeland Security and Acting Assistant Special Agent-in-Charge Eric Silverman, Manhattan District Attorney Cy Vance, Jr., and Assistant D.A. Matthew Bogdanos, Senior Trial Counsel and Chief of the Antiquities Trafficking Unit, who handled the recovery of the Nepali artefacts along with Special Agents Brenton Easter and John Paul Labbat and Investigative Analyst Apsara Iyer of the Manhattan DA's office. 


The Nepal officials honoured those responsible for the artefacts' restitution,  bestowing them with a traditional Tibetan Khata, a scarf offered as a symbol of respect and gratitude.  

To date, several investigations have tracked many false provenances provided by Subhash Kapoor. This methodology of back-tracking an artefact to its theft site and searching out the smuggling methods from the source country to Kapoor's U.S. gallery and the collectors who purchased from him has led to several recoveries.  One of those, a 10th- or 11th-century mūrti of Lakshmi-Narayana (Sanskrit: लक्ष्मी-नारायण, IAST: Lakṣmīnārāyaṇa), a manifestation of Vishnu in the Hindu religion disappeared from the Narayan Temple in the Patko Tol neighbourhood in Patan, in 1984.  That sacred object was eventually purchased six years later in March 1990 by David T. Owsley, (a client of Kapoor's) who in turn lent the object to the Dallas Museum of Art (DMA).  On 2 March 2021 officials from the Dallas FBI Field Office and the Dallas Museum of Art announced the voluntary restitution and formal transfer of that mūrti back to the Federal Democratic Republic of Nepal.


Tuesday, April 20, 2021 - ,,,,,, No comments

Restitution: Manhattan and US authorities hand over two Kandyan Period artefacts depicting the Lord Buddha in Abhaya Mudra stolen from the Democratic Socialist Republic of Sri Lanka

As can be seen, by the restitutions accomplished via Manhattan District Attorney Cy Vance's team over the last month, New York continues to lead the way in the United States in making a significant impact in the identification and restitution of unprovenanced artefacts; objects which fuel a transnational trade in stolen objects and the depredation of both sacred and archaeological sites.

Image Credit: Permanent Mission of Sri Lanka to the United Nations New York

Looking back over the last month, on Thursday, March 25th the DA's office in Manhattan handed over a pair of Kandyan Period (18th Century) Sri Lankan artefacts depicting the Lord Buddha in Abhaya Mudra, which were seized pursuant to ongoing investigations into the dealings of ancient art dealer Subhash Kapoor.  These historic objects represent the first two sacred artefacts to be returned to Sri Lanka from the United States.

Abhaya in Sanskrit means fearlessness, and the abhayamudrā symbolizes protection both aptly fitting to the commitment of the New York DA's Antiquities Trafficking Unit, led by Assistant District Attorney Matthew Bogdanos, who, along with his team of analysts, collaborates with officers of the Homeland Security Investigations, all of whom strive to identify and pursue those who seek to profit from the trade in illegally exported cultural property. 

Assistant D.A. Matthew Bogdanos, Senior Trial Counsel and Chief of the Antiquities Trafficking Unit handled the Sri Lankan recovery along with Investigative Analyst Apsara Iyer and Special Agents Brenton Easter and John Paul Labbat from Homeland Security Investigations. 

Ambassador Pieris and Asst. District Attorney Col. Matthew Bogdanos exchange agreements establishing the recovery, hand over and repatriation of the antiquities.

Arrested on 30 October 2011 in Frankfurt, Germany and extradited to India in July of 2012, Subhash Kapoor is presently jailed at the Tiruchirapalli Central Prison.  In India he is on trial for smuggling 28 idols from the Sundareswarar temple, the Varadaraja Perumal temple, and from the Arulmigu Pragatheeswarar temple in Tamil Nadu.  The 71-year-old former Manhattan-based dealer will then have to answer to additional charges in the US, for his role in what prosecutors believe was a $145 million smuggling ring which prosecutors charged laundered stolen artefacts from many countries through his gallery Art of the Past.  

Law enforcement authorities in several countries believe that over a period spanning some thirty years, the disreputable dealer handled thousands of looted antiquities incentivising plunder from those within his network.  Pursuant to the USA/New York investigation, the D.A.’s Office and HSI have recovered more than 2,500 artworks, all believed to have been handled by Kapoor's web of middle-tier dealers, thieves, and smugglers between 2011 to 2020.  The bulk of these historic artefacts were pillaged from heritage sites in Afghanistan, Cambodia, India, Indonesia, Nepal, Pakistan, Sri Lanka, and Thailand. 

The restitution ceremony for the Sri Lankan pieces in New York was attended by H.E. Ambassador Mohan Pieris, Permanent Representative of the Democratic Socialist Republic of Sri Lanka, Satya Rodrigo, Deputy Permanent Representative of the Democratic Socialist Republic of Sri Lanka to the United Nations, Asst. District Attorney Col. Matthew Bogdanos, members of the District Attorney’s Antiquities Trafficking Unit, as well as HSI Special Agent-in-Charge Peter C. Fitzhugh, HSI Deputy Special Agent-in-Charge Erik Rosenblatt, HSI Group Supervisor Stephen Lee, and HSI Special Agents John Paul Labbat, Robert Fromkin and Igor Gamza of Homeland Security Investigations.  District Attorney Cyrus Vance Jr joined the official ceremony virtually. 

Ambassador Pieris, Satya Rodrigo, DPR, Special Agent John Paul Labbat & Apsara Iyer, Antiquities Trafficking Analyst
Image Credit: Permanent Mission of the Democratic Socialist Republic of Sri Lanka to the United Nations in New York

For Sri Lankan's thoughts, H.E. Mohan Pieris, reminded listeners that:

Cultural property is intrinsically related to the evolution of a nation’s identity. It forms a vital link to the past, wherefrom the present and future may be nurtured and enriched. It is therefore a moment of joy and cultural renewal when artefacts are recovered and returned to their rightful owners. Regrettably, however, we are dismayed to know that for every return there are thousands that are stolen, looted and trafficked through underground and illicit channels.

District Attorney Cyrus Vance Jr., for his part, stated that his office issued an arrest warrant for Subhash Kapoor in 2012, followed by a criminal complaint in 2019 that estimated that the “total value of stolen antiquities known to have been trafficked by Kapoor exceeds USD 145.71 million”.  Extradition paperwork has been formally filed in Manhattan in July 2020 which will ensure that Kapoor will face justice in New York as well as in India for the crimes he has been charged within New York's jurisdiction. 

On Monday, the first of April the Manhattan District Attorney Cy Vance, Jr. announced a further return of artefacts, related to this ring of traffickers, this time to the people of Nepal.

March 12, 2021

Friday, March 12, 2021 - ,,,,,,,,,,,,, 1 comment

Conference: "Violated national heritage: theft, trafficking and restitution"


Event: Violated national heritage: theft, trafficking and restitution
Organizer: The Society for the History of Collecting
Registration Fee:  Free with registration
Location: Virtual
Date: Tuesday, 23 March 2021
Time: 17:30 – 20:30 CET

Have you ever wondered how ancient art from countries such as Egypt, Greece and Rome came to fill European and American museums? And how did Pacific collections come into being? This conference, with a dynamic list of international speakers, will address how collecting antiquities has been regulated, circumvented and trafficked. It will also examine how the criminal orbit operates, how heritage-rich countries confront the trafficking of their patrimony and how museums are involved in such debates.

These talks will present an overall picture of the international situation with regard to patrimony laws, looting, illicit trade, faking provenance and money laundering. The dark side of the trade takes many forms and may include forgeries and falsification of provenance. Both source and receiving countries have sharpened their laws, policing and prosecutions towards restitution.

This conference, organised by Dr. Eleni Vassilika, is aimed not only at students but also art world and museum professionals, indeed anyone interested to hear the latest information, much of which is unpublished, and to learn more about the realities behind these key issues.

Programme:

Chair: Dr. T. E. Stammers, Durham University

Vernon Rapley (Director of Cultural Heritage Protection and Security) & Laura Jones (Cultural Heritage Preservation Lead): The V&A’s Culture in Crisis Programme;

Eleni Vassilika, Former museum director (Hildesheim and Turin), on the operations of placing illicit Egyptian antiquities in museums;

Christos Tsirogiannis, Assoc. Prof. and AIAS-COFUND Research Fellow, Institute of Advanced Studies, University of Aarhus, formerly at the Archaeological Unit at Cambridge, as well as the Greek Ministry of Culture and the Greek Police Art Squad: on recent thefts and restitutions to Greece;

Lynda Albertson, CEO, Association for Research into Crimes against Art: Hiding in plain sight with the help of the art market's laundrymen: Reflections on the restitution and “grey” market in Italy's antiquities;

Hilke Thode Arora, Keeper Oceanic collections (Museum Fünf Kontinente, Munich), on Pacific ‘gifts’;

Ian Richardson, Registrar for Treasure Trove (The British Museum), on how the TTAct functions;

Roland Foord, Senior Partner, Stephenson Harwood LLP, on procedures for restitution.

Please note that this event was meant to take place at the V&A in March 2020, but was cancelled. The Society for the History of Collecting is grateful to the Worshipful Company of Makers of Playing Cards, the V&A and the Gilbert Trust for the Arts for their support.

To register for this event, see the Society's Eventbrite page here.

January 20, 2021

Wednesday, January 20, 2021 - ,,,,,,, No comments

Restitution: Belgian authorities hand over a 1st century BCE Roman statue stolen from Rome in 2011

Today, authorities from the General Directorate of the Economic Inspection of the SPF Economie in Belgium turned over a lifesize 1st century BCE Roman statue of a man to officers from the Carabinieri Command for the Protection of Cultural Heritage.  The seizure, and subsequent restitution, come at the conclusion of an investigation conducted by Belgium's Economic Inspectorate, in cooperation with the Brussels public prosecutor's office.

Stolen during a theft in Rome in 2011, this headless 2000-year-old Roman marble togatus was located in a Brussels' gallery by the Carabinieri TPC and was then determined to be on consignment by an individual already on the radar of the Italian authorities.  According to the report given by the Belgian authorities, the sculpture's restitution is the first result of a series of investigations linked to fraud in the art market, which are currently being carried out by the Economic Inspectorate under the aegis of the Brussels judicial authorities.  It also shows how law enforcement in multiple jurisdictions can, and are, actively working together to investigate and combat cross-border thefts and trafficking of art and antiquities. 

As the Belgian authorities indicated this is just the first of a series of investigations. And given the frequency illicit antiquities continue to penetrate the legitimate art market, frequently in Brussels' Sablon, embroiling its galleries and their owners in the repetitive drama of plausible deniability, it might be wise for dealers to take a look at their consignment practices.   Being complacent when handling stolen and illegally-exported (illicit) antiquities, is never good for one's reputation, even if the items are accepted in good faith.   It would behove dealers to be more stringent when accepting works of art from potential consignors, not only to ensure that they are not support organized criminal enterprise through the illicit antiquities trade but also so their client's don't lose faith in their expertise and ability to satisfactorily vet the artefacts they recommend to their clientele. 

Likewise, the prudent purchaser should do their own homework, carefully vetting the trophy works that they wish to purchase for their collections. In cross-checking all of the accompanying documentation, they should ask themselves, the gallery and where applicable the consignor

  • Does your toga-wearing headless man have an export license? 
  • Does his documentation look authentic? 
  • Might the license be falsified?  
  • Is the country of origin falsified? 
  • Does the country of export match with the country of the object's origin?  
  • Does the object have a known find spot?   
  • How far back can the chain of ownership be demonstrated? 
  • and lastly, are there any other red flags like "property of an anonymous Swiss collector"?

By:  Lynda Albertson


December 14, 2020

Monday, December 14, 2020 - ,,,,,,,, No comments

Voluntary Restitution of Indian Annapurna, the Hindu Goddess of food and nourishment, by University of Regina in Canada.

Image Credit:  Dona Hall, courtesy of MacKenzie Art Gallery
Figure of Annapoorna (Benares, India, 18th century),
artist unknown, stone, 17.30 x 9.90 x 4.90 cm.

An 18th-century murti of the Hindu goddess Annapurna, which was stolen from India over a century ago, will be returning home soon from Canada. Upon the discovery that one of the idols in their collection had been stolen from a shrine in Varanasi, India, the Mackenzie Art Gallery at the University of Regina in Saskatchewan reached out to officials in India to discuss restitution. 

The statue has been in the university’s possession since 1936 when it was donated by Norman MacKenzie, the namesake of the university's gallery. The sculpture remained unquestioned until 2019 when artist Divya Mehra was invited to host a solo exhibition at the Gallery. 

While doing research for her exhibition at the MacKenzie Art Gallery at the University of Regina in Saskatchewan, Divya Mehra discovered the statue’s illicit origin. Her exhibition, entitled, From India to Canada and Back to India (There Is Nothing I Can Possess Which You Cannot Take Away), "unravels the West’s obsession with simultaneously defining and consuming the histories and identities of other cultures. In this collection of reproduced, misclassified, staged, and stolen cultural property, Mehra deftly and playfully navigates complex networks of colonial entitlement, popular culture, art history, sacred objects, exotic adventurism, and novelty."

It was through her research in the university archives that she discovered the notes from Norman MacKenzie’s trip to India in 1913 which revealed that the idol had been stolen from a small sanctuary along the Ganges, procured indirectly at the behest of MacKenzie. At the time the sculpture was accessioned into the museum's art collection the idol was misclassified as a representation of the god Vishnu and continued to be labelled as such until Mehra began her research. 

When  Mehra recognized that the clearly female sculpture was not Vishnu, she consulted with Dr. Siddhartha V. Shah, curator of South Asian Art at the Peabody Essex Museum who revealed that the deity depicted was in fact Annapurna, also known as the Queen of Benares and Hindu goddess of food and nourishment. Upon the discovery of the illicit origins of the artefact the artist approached John Hampton, interim CEO and Executive Director of the MacKenzie Art Gallery, regarding restitution.  The university then took the steps to reach out to the High Commission of India to discuss the sacred object's return. 

The proactive and voluntary repatriation of an artefact is quite unusual in the museum world, with repatriation often taking years of legal discussions and cultural diplomacy between the cultural institution and the aggrieved nation. Mr. Ajay Bisaria, High Commissioner of India commented that "the move to voluntarily repatriate such cultural treasures shows the maturity and depth of India-Canada relations".

The repatriation ceremony was held virtually on November 19th, with attendees from the High Commission of India, Global Affairs Canada, Canada Border Services Agency, the University of Regina, and the MacKenzie Art Gallery. Dr. Thomas Chase, Interim President and Vice-Chancellor of the University of Regina stated during the ceremony that "as a university we have a responsibility to right historical wrongs and help overcome the damaging legacy of colonialism wherever possible...repatriating this statue does not atone for the wrong that was done a century ago, but it is an appropriate and important act today. I am thankful to the MacKenzie Art Gallery, the Indian High Commission, and the Department of Canadian Heritage for their roles in making it possible."

Image Credit: University of Regina
Screenshot from Repatriation Ceremony

The university and gallery have affirmed that as a result of the discovery of the illicit provenance of the Annapurna idol they will be conducting a full review of the rest of their collection.  Alex King, the Curator for the University’s art collection commented that "the repatriation of the Annapurna is part of a global, long-overdue conversation in which museums seek to address harmful and continuing imperial legacies built into, sometimes, the very foundations of their collections. As stewards of cultural heritage, our responsibility to act respectfully and ethically is fundamental, as is the willingness to look critically at our own institutional histories."

This is undoubtably a step in the right direction for cultural restitution, but it is also a reflection of how little is known about museum collections.  Founder of the India Pride Project S. Vijay Kumar commented that "while the recent restitution is a welcome move it is pertinent to point out that a very distinct feminine sculpture holding a ladle and a bowl was displayed in an academic Institution since the mid-1930’s as a Vishnu. It shows how little of displaced Indian art in Canada has been properly studied. Further that the paperwork attested to its dodgy provenance was within the University archives shows the importance of reviewing provenance and due diligence not just for current acquisitions but for the past as well.  Museums in Canada have in general a very poor record in displaying collections let alone disclosing provenance publicly on their web sites and this is despite high profile cases linked to Subhash Kapoor and even prior that to the Pathur nataraja in 1980s.  We hope this good trend catches on and other public museums engage experts into researching provenance or as a start put the available provenance online."

Image Credit: Sarah Fuller
Courtesy the artist and Georgia Scherman Projects

As this Annapurna returns to India her space in the museum collection will be filled by a new piece by Mehra titled 'There is nothing you can possess which I cannot take away (Not Vishnu: New ways of Darsána)'. She spoke with ARCA about the new piece explaining that "the work is a small bag of sand — purchased at a Hollywood prop store (rich in Indiana Jones memorabilia) and artificially aged with coffee, and dye —weighing the equivalent (2.4 lbs.) of the stolen stone goddess of Annapurna that is no longer a part of the collection. The bag sits upon an altar constructed as if for a film set, in front of a ‘Jungle Vine’ painted backdrop. The work is based on a scene from Raiders of the Lost Ark — where Indian Jones steals an idol off of a pedestal from an ancient temple. He leaves a bag of sand with what he guesses to be the weight of the stolen idol." The new piece is a reversal of the gap left in the cultural heritage by the antiquarians of the past, the bag of sand now being left at the museums as the statue returns to the place it was stolen. It can also be seen as a commentary on the idolization in the modern world for characters such as Indiana Jones, who treated the cultural heritage of other countries as prized objects to acquire, careless of the value it held to the people it was stolen from. 


By: Lynette Turnblom 

Bibliography 

Annapoorna Virtual Repatriation Ceremony. 2020. “Annapoorna Virtual Repatriation Ceremony.” YouTube. November 20, 2020. https://youtu.be/q769-baqiaA.

Hampton, John G. 2020. “Divya Mehra: From India to Canada and Back to India (There Is Nothing I Can Possess Which You Cannot Take Away).” MacKenzie Art Gallery. 2020. https://mackenzie.art/experience/exhibition/divya-mehra-from-india-to-canada-and-back-to-india-there-is-nothing-i-can-possess-which-you-cannot-take-away/.

“Statue from the University of Regina’s Art Collection Officially Repatriated to India in Virtual Repatriation Ceremony | Communications and Marketing, University of Regina.” 2020. Uregina.Ca. November 19, 2020. https://www.uregina.ca/external/communications/feature-stories/current/2020/11-19.html. 

“Statue from the University of Regina’s Art Collection to Be Returned to India Following Virtual Repatriation Ceremony.” 2020. MacKenzie Art Gallery. November 24, 2020. https://mackenzie.art/statue-from-the-university-of-reginas-art-collection-to-be-returned-to-india-following-virtual-repatriation-ceremony/.

Subscribe to: Posts (Atom)