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

February 29, 2020

Saturday, February 29, 2020 - ,,,,,,, No comments

Flash Back to Restitutions: Remembering the Apulian dinos, 340-320 B.C.E. attributed to the Darius painter


A long time ago, in a galaxy seemingly far far away, a red-figure 340-320 B.C.E. Apulian dinos, attributed to the Darius Painter, once lived in the Metropolitan Museum in New York.   The antiquity was purchased by the Met via the Classical Purchase Fund, the Rogers Fund and the Helen H Mertens and Norbert Schimmel gifts in November 1984. 

This red-figure vase, sometimes called a lebed, was decorated with scenes from a comedy, perhaps by Epicarmos, involving one of the numerous adventures of Herakles in which he encountered Busiris, a king who had been advised to sacrifice all strangers to Zeus in order to avoid drought.


In the primary image on the vase and to the right of the altar and column stands Busiris, dressed in traditional oriental-style clothing. He is the one holding a scepter and who is brandishing a menacing knife. Heracles, pictured on the opposite side of the altar, casually draped in a lion's cape, is his intended victim.

Others in the scene include two Egyptians, busy assisting in the pending mayhem.  One carries a butcher's block with more knives while another is seen adding water to a kettle, placed to boil on the fire. There are also servants depicted carrying a tray of cakes, an amphora, and a wine jug. What better way to end a murder than with a quick snack washed down with wine.  

Yet, in the end, Herakles ultimately prevailed over Busiris, much in the same way the Italian government did in February 2006 they reached an agreement with the Metropolitan Museum of Art in New York to return this and five other plundered antiquities identified in the museums collections.

Polaroids photographs of the dinos (inv. 1984.11.7 when at the Met) were seized by law enforcement during a raid at the Geneva Freeport.  These identified the antiquity in three different conditions, first in guilty fragments, then partially restored with the glued joints still visible, and lastly in a photo after it had been purchased and put on display at the Metropolitan Museum.

As Dr. David Gill pointed out, five objects, each attributed to the Darius painter were acquired by different museum institutions between 1984 and 1991, a period when southern Italy was subject to extreme plundering.  Some of those items, are still in museum collections outside of Italy.

In 2001 Ricardo Elia, who surveyed Apulian pottery, estimated that some 31 per cent of the total corpus of Apulian pots totalling more than 4200 vases, all surfaced on the ancient art market between 1980 and 1992 virtually all of which has little or no substantiated history.  A group of 21 of these are (still) on display at the Altes Museum (German for Old Museum) on Museum Island in Berlin, Germany, the major part of which come from a single burial are attributed to the workshop of the Darius painter, and were acquired in 1988.  Documented in the museum as coming from an ancient Swiss collection, photos from the seized Giacomo Medici archive show the fragments from these same vases, still dirty with earth, waiting to be put back together again.

Apulian Vases at the Altes Museum, Berlin
If you want to see this ancient object in its natural habitat and see the video in this post as it works its magic in person, please stop by the fabulous Museo Archeologico Nazionale di Taranto - MArTA and take a look.

If you would like to read more about this grouping of stolen antiquities: please consult the following:

"Homecomings: reflections on returning antiquities", David W.J. Gill

"Analysis of the looting, selling, and collecting of Apulian red-figure vases: a quantitative approach" Trade in illicit antiquities: the destruction of the world’s archaeological heritage, by Elia, R J 2001

The Medici Conspiracy: The Illicit Journey of Looted Antiquities-- From Italy's Tomb Raiders to the World's Greatest Museum, by Peter Watson and Cecilia Todeschini

La diplomazia culturale italiana per il ritorno dei beni in esilio. Storia, attualità e future prospettive, by Stefano Alessandrini

Art and Crime: Exploring the Dark Side of the Art World, edited by Noah Charney

February 16, 2020

Sunday, February 16, 2020 - ,,,,,,,,, No comments

Christies Auction Identification and Restitution: A Roman Marble Sarcophagus Fragment of Sidmara Type

Christie's, London, 4 December 2019
Catalog Cover and Lot 481 – Description
Note:  This blog post has been revised with further information on 17 February 2019.

While I was focused on the provenance of an Etruscan antefix in Christie's antiquities auction last December, more on that outcome in another article at a later date, the Turkish authorities were interested in another ancient object which was on consignment in the same auction. In the auction house’s catalog, the marble artefact was listed as: a Roman Marble Sarcophagus Fragment of Sidamara Type, Circa 2nd-3rd Century B.C.

Christie's had listed the provenance for Lot 481 in the December 4, 2019 sale as follows:

German private collection. The Property of a German private collector; Antiquities, Sotheby's, London, 11 December 1989, lot 112. with Atelier Amphora, Lugano, acquired at the above sale. 

They also gave a lengthy description to illustrate how a Sidamara sarcophagus might have ended up with an Italian ancient art dealer in Lugano, Italy.

Their description read:

Sidamara type sarcophagi were decorated in high relief on all four sides and usually placed in the centre of a tomb in an open burial ground so they could be viewed in the round. The decoration featured complex architectural designs with figures placed in arched niches separated by fluted columns. Despite their monumental dimensions and weight, they were exported all over Asia Minor and even to Greece and Italy, with several examples found on the coast at Izmir, which was probably the shipping point to the West. A Sidamara-type sarcophagus, similar to the present example, while no doubt sculpted in Asia Minor, was excavated near the town of Rapolla in Southern Italy, and is now in the Museo Nazionale del Melfese, in the Castle of Melfi. The type was also copied in the West, probably being produced by Asiatic sculptors who migrated to Italy.

 While a review of the earlier Sotheby's, London, 11 December 1989 description for Lot 112 is pretty much the same in terms of origin, the sale entry had no provenance details listed whatsoever.
Sotheby's, London, 11 December 1989
Lot 112 - Description
And the Sotheby's, London, 11 December 1989 auction has other similar fragments including:

Lot 83
Sotheby's, London, 11 December 1989
Lot 83 - Image and Description

 Lot 84
Sotheby's, London, 11 December 1989
Lot 84 - Image

Sotheby's, London, 11 December 1989
Lot 84 - Description
Lot 111
Sotheby's, London, 11 December 1989
Lot 111 - Image
Sotheby's, London, 11 December 1989
Lot 84 - Description
But let's take a closer look at who the dealer was who operated Atelier Amphora

The owner of Atelier Amphora was Mario Bruno, a prominent intermediary dealer, known to have handled illicit antiquities covering a swath of Italy in the 1980s and 1990s.  Before his death, in 1993, his name could be found, front and center, on many antiquities ancient art transactions from that period.  Several other objects with Atelier Amphora were also up for auction in the same December Christie's sale.

Bruno's first initial and last name also featured in the now famous Medici organigram.  Listed mid-way down the page on the left, the creator of the org chart listed the territories Bruno covered: Lugano, Cerveteri, Torino, North Italy, Rome, Lazio, Campania, Puglia, Sardinia, and Sicily.

In an article in the Journal of Art Crime (Spring 2013) Christos Tsirogiannis writes of Bruno's history saying: 
"According to the Becchina archive (CD 1, pagina 5, foto 1375), Mario Bruno -- who was known as a "receiver of stolen goods" (Watson & Todeschini 2007:86) and "a major grave-robber" (Isman 2008:30) sold 12 antiquities to Gianfranco Becchina, on 22 August 1987. "

Bruno also is known to have played a role in the fencing of one of Italy's most important recoveries, the Capitoline Triad, a representation of the central pediment of the Temple of Jupiter Optimus Maximus.  This marble sculpture is known to have been illegally excavated in 1992 by a well-known tombarolo from the town of Anguillara Sabazia named Pietro Casasanta, who brokered a deal with Mario Bruno to sell the Triad, with the Lugano dealer as the primary middleman between the looter and a Swiss buyer.

Documents and imagery also attest that Bruno handled a substantial Etruscan terracotta sarcophagus, the lid of which depicted a sculpted couple lying on the triclinium, similar to only two others, artifacts now held in the Louvre Museum in Paris and in the Villa Giulia in Rome. (Isman 2009)  That looted Etruscan antiquity has unfortunately never resurfaced.

All this to say that the fact that something stolen or looted, or something as big and heavy as portions of an illicit sarcophagus, having passed through this Bruno's hands is not at all surprising. What is provocative is that we again have an contemporary example of a major auction house, who prides itself on the legitimacy of their offerings, organizing the sale of a poorly vetted ancient object which dates to the Roman period, with no other provenance recording its presence on the licit market before its December 1989 sale, on consignment by a long-dead suspect dealer.

Fast forward to 2019 

Staff working with Turkey's Ministry of Culture and Tourism identified the sarcophagus fragment while cross-checking the catalog Christie's had prepared for their December 4, 2019 auction in London. (T.C. Kültür ve Turizm Bakanlığı 2020) By now the Turkish authorities were aware of the 1989 Sotheby's sale in the UK and were alert for this and another fragment’s reappearance in the London market.  Having identified their artifact the Ministry of Culture contacted their INTERPOL National Central Bureau (NCB) and Europol affiliates through established law enforcement procedures and began voicing their concerns with the Metropolitan Police in London. The Turkish authorities then provided their British counterparts with documentation which substantiated their claim that sarcophagus fragment was the property of Turkey and Scotland Yard officers spoke with the auction firm.  Christie's in turn agreed to have the object withdrawn from the sale, pending an investigation. 

But where did the sarcophagus come from? 

The sarcophagus was first identified and documented as having been discovered, broken into five fragments, by the Isparta Göksöğüt Municipality in the 1980s.  At some point later, the pieces were moved from their original find spot to the Municipality where they were then photographed in 1987 by Mehmet Özsait.  In 1988 the finds were transferred to the Isparta Museum Directorate but were recorded as consisting of only three large marble fragments along with a few smaller pieces. How the object was moved out of Turkey is not known or has not been disclosed.
However, two years after the photo was taken, the two missing fragments had already made their way to London and were published in a Sotheby's catalog.  The object fragments were then sold at auction on December 11, 1989, to two different buyers.

It wasn't until 2015 when German classical archaeologist Volker Michael Strocka, researching a specific sub-genus of Asian sarcophagus, referred to as columnar sarcophagi, helped to reconcile that two of the fragments represented in the archival photographic record were unaccounted for.  Given sufficient evidence that the marble sculpture had been illegally smuggled out of Turkey and into the U.K., all parties involved worked together to successfully mediate the object's return through discreet negotiations with the consignor.  This is the same methodology used by London’s Metropolitan Police for the restitution of the a Post-Gupta, seated Buddha in the Bhumisparsha Mudra pose identified in 2018 which was stolen in 1961, appeared for sale at TEFAF in 2018, and upon identification, was voluntarily relinquished by the consignor back to the source country. 

Columnar sarcophagi in the Roman Empire came from Docimium, an ancient city in Phrygia, in the west central part of Anatolia, or what is now known as Asian Turkey.  Known for their famous marble quarries, Sidamara type sarcophagi were also shipped to other areas of the Roman Empire, including Italy, just as Christie's stated.  But in the case of this particular object, the artefact returning home to Turkey seems to be a very close match to other Phrygia fragments still in Turkey that I was able to find quite easily with only a few hours research.

One set of fragments I found photographs of are a part of the Isparta Museum's collection though I am not yet sure if these come from the same sarcophagus Volker Michael Strocka matched the missing pieces to.  Interestingly, as recently as 2018, another group of 100 kilo pieces were seized by the gendarmerie when smugglers were caught trying to sell them showing that the climate for looting costly ancient artifacts similar to this restituted piece has not changed much between 1987 and 2018. Yet how the objects came to be in Bruno's hands, and who he was working with in Turkey, is worth exploring in the future. As are any other items which come up for sale with this dealer's thumbprint.

Similar fragments from Sidamara type sarcophagi found at Sarkikaraagac in the district of Isparta and now located at the Isparta Archaeological Museum
Image Credit: by Roberto Piperno https://www.romeartlover.it/Isparta.html

For now, the fragment has made its way home, arriving on the 15th of February 2020 along with another identified stolen antiquity via special arrangements with Turkish Airlines. The sculpture will now be presented to the press at a formal ceremony at the Anatolian Civilizations Museum in Ankara, along with the other recently recovered object, which will be attended by Mehmet Nuri Ersoy, Turkey's Culture and Tourism.

By: Lynda Albertson

January 21, 2020

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Marc Masurovsky returns to Amelia this summer to teach "Provenance Research, Theory and Practice” at ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection



By Edgar Tijhuis 

This year, the ARCA Postgraduate Program in Art Crime and Cultural Heritage Protection will be held from May 29 till August 12 in the heart of Umbria in Amelia, Italy. In the months leading up to the start of the program, this year’s professors will be interviewed. In this one, I am speaking with Marc Masurovsky, co-founder of the Holocaust Art Restitution Project. 

Can you tell us something about your background and work? 

I was born and raised in Paris, France, of American artists, one figurative, the other abstract. I took an early interest in history and especially in the politics and economics of fascism and national socialism. My interest further increased as I was able to work at the Office of Special Investigations in Washington, DC, investigating the past of suspected Axis war criminals who acquired US citizenship. Then I was hooked. My independent research focused on the economics of genocide and the recycling of all kinds of assets looted from Jewish victims and the near-absence of postwar justice against those who executed, abetted and profited from those crimes against humanity. I eventually found myself involved with class action lawsuits against Swiss banks which led, inevitably, to the looted art issue with which I have been associated for the past two decades. I am a co-founder of the Holocaust Art Restitution Project and have taught a number of workshops focused exclusively on provenance research as it applies to Nazi/Fascist-era dislocations of Jewish-owned property.

What do you feel is the most relevant aspect of your course?

I teach one course, provenance research. I view it more as a training than as an academic exercise.

What do you hope participants will get out of the course?

I hope that those who take the provenance research workshop, (that’s really what it is), never look at an artistic, cultural, or ritual object, again with the same eyes as they had before they took the course. I want them to become skeptical of everything that they read about the history of those objects and to develop an insatiable curiosity for understanding where those objects come from and the what/where/when/why/how of their pasts by whom and with what.

What would a typical day be like in your classroom?

Every day is different but a main component of the workshop is to ask questions, remain inquisitive and be able to think outside of the proverbial box.

While each year participants are very enthusiastic about your courses, is there anything you learn from them in class?

Each participant comes from a very different background and he/she has his/her own unique relationship towards art objects, culture and history. The gift they bring me is their story, and the way they apprehend the topics that we tackle each hour of every day and, hopefully, be part of the transformation that they go through when confronted with evidence, inquiry, and research.

In anticipation of your courses, what book, article, or movie would you recommend to participants? 

There is no real way to get ready but it would help if participants were a bit savvy about the history of modern Europe, the basic dates, times, and places of major events that provoked these displacements of property. Lynn Nicholas, Hector Feliciano, Jonathan Petropoulos, are some of the authors who produced significant monographs on Nazi plunder, but there are also special investigative reports produced in the early 21st century in the UK, France, the Netherlands, Switzerland, Austria, Germany, and Italy, on Nazi looting. HARP's own Plundered Art blog will provide a more argumentative and polemical approach to the issues of plunder and restitution, while suggesting how research can be conducted on objects with dubious pasts.

Which other course in the program would you love to follow yourself and why?

I enjoyed sitting in on Dick Drent’s course because it humbled me on my ignorance of security issues in museums. Perhaps Christos Tsirogiannis’ course would interest me because of his fierce approach towards the art market and his ability to ferret out looted antiquities. But, seriously, I don’t have any favorites out of fairness to the other professors.

Is there anything you can recommend for future participants to do in Amelia or Umbria?

They should leave their prejudices and assumptions at home and come prepared to be challenged in a small town in central Italy. The structure of the workshop allows them to grow. But they can only grow if they allow themselves to be vulnerable, to listen and to question. The questioning is only credible if it is anchored in evidence. As you know, it’s too easy to say: Why? You need to justify your questions and to challenge based on your own research and be prepared to hear that perhaps you are wrong and be prepared to realize that perhaps you are right. That is part of learning and growing...

-----

For a detailed prospectus and application materials or for general questions about the 2020 postgraduate program please contact us at education@artcrimeresearch.org 

 In addition to the postgraduate program, the provenance course is also offered as stand-alone course. ARCA and the US-based Holocaust Art Restitution Project (HARP) have teamed up to offer its 4th annual stand-alone provenance course which tackles the complex issues of cultural plunder. More information can be found here on our website.

Edgar Tijhuis is Academic Director at ARCA and visiting scholar at the Institute of Criminology in Ljubljana. He is responsible for the postgraduate certificate program in the study of art crime and cultural heritage protection. Since 2009, Edgar Tijhuis has taught criminology modules within the ARCA program.

January 20, 2020

Monday, January 20, 2020 - ,,,,,,,,, No comments

Conference: Violated National Heritage: Theft, Trafficking and Restitution

The Society for the History of Collecting together with the V & A Museum present the following event. 

 Event:  Violated National Heritage: Theft, Trafficking and Restitution
Location: Victoria and Albert Museum
Lydia & Manfred Gorvy Lecture Theatre
Cromwell Road
London SW7 2RL
United Kingdom
Date: 17 March 2020
Time: 16:00 – 20:30 GMT
Ticketing:  £0.00 for Students, £13.52 for professionals



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 national Pacific collections come into being? This conference, with a dynamic list of international speakers, will address how collecting has developed since the 16th century, and how, over the centuries, it has been regulated, even circumvented in various ways. It will also look beyond the boundaries of legal trade of art and artefacts to consider how the criminal orbit operates, how heritage-rich countries confront the trafficking of their patrimony and how museums are involved in such debates.

This conference will not tackle the Parthenon marbles debate nor war booty, but it will raise issues around patrimony laws, looting, trafficking, faking provenance and money laundering. Presentations on particular historical contexts will be followed by talks focusing on the contemporary situation, including the policing and voluntary restitution versus surrender of objects as the result of investigative evidence. Trafficking takes many forms and may include forgeries in order to satisfy demand. Both source and receiving countries have sharpened their laws, policing and prosecutions.

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

Programme:

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

Barbara Furlotti (The Courtauld), on the Roman Antiquities Market during the Renaissance;

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

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 restitutions to Greece;

Omniya Abdel Barr, V&A researcher and project director for the documentation of Mamluk patrimony in Cairo, on the theft of elements from mosques (minbar);

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.

The day will end with a Drinks Reception.

Registration Link:
https://www.eventbrite.co.uk/e/violated-national-heritage-theft-trafficking-and-restitution-tickets-89083947485?aff=affiliate1

November 7, 2019

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Exhibition commemorating the 81st anniversary of Kristallnacht: Treasured Belongings: The Hahn Family & the Search for a Stolen Legacy


In commemoration of the 81st anniversary of Kristallnacht, the state-sponsored pogrom known as the “Night of Broken Glass” which took place November 9-10, 1938, the Vancouver Holocaust Education Centre (VHEC) is hosting an speaking engagement Thursday, November 7, 2019 at 7:00 pm featuring Dr. Michael Hayden, MC, OBC followed by the opening of a special exhibition which is then scheduled to remain at the centre for a little more than one year.

The event Kristallnacht Commemoration and Dr. Hayden's talk will be streamed online on Facebook tonight, November 7th at 7pm (PST).

Dates:  
November 8, 2019 – November 27, 2020
Location:  
Wosk Auditorium, Jewish Community Centre Greater Vancouver
950 West 41 Avenue
VANCOUVER, BC October 23, 2019

The Vancouver Holocaust Education Centre (VHEC) is an acclaimed teaching museum devoted to Holocaust based anti-racism education.  

Treasured Belongings: The Hahn Family & the Search for a Stolen Legacy brings together items from the Hahn archive alongside rich artefacts to detail the story of the family, their collection, and their descendants’ restitution efforts and exhibition speaks to timely themes of cultural loss, reconciliation and intergenerational legacy.

During Kristallnacht hundreds of synagogues in Germany and Austria were burned, Jewish-owned businesses were destroyed, nearly 100 Jews were killed and 30,000 were sent to concentration camps.

Kristallnacht was a turning point in the Nazi persecution of European Jews and a defining moment for Max and Gertrud Hahn of Göttingen, Germany. 

Born in Göttingen, Germany in 1880, Max Hahn was a successful businessman, civic leader and passionate collector.  The Hahn’s Judaica collection was one of the most significant private collections in pre-war Europe, rivalling those of the Rothschild and Sassoon families. During the Kristallnacht pogrom, Max was arrested, and the Nazis proceeded to confiscate his silver Judaica and strip the family of their property and possessions. 

With the support of his wife, Gertrud, Max engaged in a lengthy battle to retrieve his stolen collection. While their children, Rudolf (later Roger Hayden) and Hanni, were sent to England for safety in 1939, Max and Gertrud were deported to Riga in December 1941, where they ultimately perished. Most of their collection was never recovered.

Roger’s son, Dr. Michael Hayden, MC, OBC, became immersed in his remarkable family history when he encountered photographs and documents left to him by his father. This original exhibition, developed by the Vancouver Holocaust Education Centre, brings together items from the Hahn archive alongside rich artefacts and interviews to detail the story of the Hahn family, their collection, and their descendants’ restitution efforts. Involving extensive research and intensive negotiations with German museums and archives, the family’s ongoing search for their stolen collection speaks to timely themes of cultural loss, reconciliation and intergenerational legacy.

The Exhibition is supported by Michael and Sandy Hayden and children, the Jewish Community Foundation of Greater Vancouver, the Isaac and Sophie Waldman Endowment Fund of the Vancouver Foundation, Isaac and Judy Thau, Yosef Wosk, Audre Jackson, and the Goldie and Avrum Miller Memorial Endowment Fund of the VHEC.

The Vancouver Holocaust Education Centre (VHEC) is Western Canada’s leading Holocaust teaching museum, reaching more than 25,000 students annually and producing acclaimed exhibitions, innovative school programs and teaching materials. The VHEC is a leader in Holocaust education in British Columbia, dedicated to promoting human rights, social justice and genocide awareness, and to teaching about the causes and consequences of discrimination, racism and antisemitism through education and remembrance of the Holocaust.

September 8, 2019

Sunday, September 08, 2019 - ,,,, 1 comment

Restitution: Painting of Ivan the Terrible by artist Mikhail Panin

"Ivan the Terrible Before the Oprichina"
by artist Mikhail N. Panin
Image Credit: US Justice Department
An oil painting, titled Secret Departure of Ivan the Terrible Before the Oprichina by artist Mikhail N. Panin, painted in 1911 will finally be going home almost 80 years after it went missing. The artwork had been stolen from the Ekaterinoslav City Art Museum during World War II and was only identified when it was consigned for sale in Alexandria, Virginia.

 The artwork depicts the 16th-century Grand Prince of Moscow, Ivan IV Vasilyevich, the first Russian monarch to adopt the term "Tsar of All Russia" as his title.  In the painting  he is seen exiting the walls of a city, looking solemn on a white horse.  Known throughout Russian history as Ivan the Terrible, Ivan IV brutishly divided Russia into two separate territories in 1565.

During this period he ruled the first landholding, known as the Oprichnina, with an iron, and oftentimes terrorizing, fist from 1565 until 1572.  The land under his jurisdiction included the wealthier regions of Muscovy, the former Novgorod Republic in the north,  Dvina, Kargopol, Velikii Ustyug, Vologda and important regions for salt extraction such as Staraya Russa and Soligalich, which in practice meant that he had a monopoly of trade in this important commodity. The second territory, the Zemshchina was ruled by the remaining boyar duma, whose seat of influence and power included the more weakened Moscow. 

The stolen painting was one of 63 artworks known to have disappeared in or around 1941 from the Dnipropetrovsk State Art Museum in the Ukrainian city of Dnipropetrovsk now known as Dnipro, taken ostensibly by Nazi German troops.  The artwork eventually made its way overseas to a house in far away Ridgefield, Connecticut where the home and the massive artwork were both purchased by David Tracy and his wife Gabby, a Holocaust survivor in 1987. The Tracy's purchased the home themselves from a previous couple who likewise purchased the home along with the painting in 1962, this time from a former Swiss soldier who emigrated to the United States in 1946 but whom had died in 1986.  The artwork had remained in the Ridgefield residence all that time, until the Tracy family, downsizing their home for a smaller condominium, and assuming the canvas was of modest value, consigned the painting to Potomack Company Auctions & Appraisals in Alexandria.

Painting as it appeared in Dnepropetrovsk State Art Museum, circa 1929
Image Credit:  US Justice Department
In preparation for its eventual sale, the painting's history was then researched by Anne Norton Craner, a fine arts specialist with the Potomack Company whose provenance research led her to documentation which identified the 1911 work as being by the Ukrainian artist Mikhail Panin.  As part of her due diligence, Craner contacted the museum in Ukraine, whose curators then supplied her with photos of the painting taken in 1929 when the painting was still part of the collection.  The museum also supplied related inventory documentation which included a notation recording that the artwork was stolen from a city museum and listing it as "taken to Germany by the Hitlerites."

With this information, Elizabeth Haynie Wainstein, owner and CEO of The Potomack Company informed the consignor and contacted the FBI and the U.S. attorney’s office, who in turn worked with the State Department and Ukrainian diplomats.  Subsequently thereafter the United States Attorney for the District of Columbia issued a Complaint for Forfeiture in Rem on December 20, 2018 against the defendant property in accordance with Rule G(2) of the US Federal Rules of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions on the basis that the painting represented the proceeds of the interstate transportation of stolen property and possession of stolen goods.  Appreciating the need for returning the lost painting to its rightful home, the Tracy family agreed to waive any and all claims to the painting.  Once no other claims were filed, the US Government began making plans to return the artwork to the Embassy of Ukraine in Washington, D.C. 

When speaking about the restitution process U.S. Attorney for the District of Columbia Jessie K. Liu stated “The recovery of this art, looted during World War II, reflects the commitment of this office to pursue justice for victims of crime here and abroad. The looting of cultural heritage during World War II was tragic, and we are happy to be able to assist in the efforts to return such items to their rightful owners.”

The Potomack Company, pleased with their pivotal role in the painting's restitution, will host a handover ceremony on Monday, September 9th at their gallery in Old Town Alexandria located at 1120 N. Fairfax Street.

Invitees to the event include:

Valeriy Chaly, Ambassador of Ukraine to the United States
FBI officers from the Washington Field Office who were involved in this case
Representatives from the US Department of State
Representatives from the Office of the U.S. Attorney for the District of Columbia
The Tracy family

By:  Lynda Albertson

June 28, 2019

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Interview with Shaaban Abdel-Gawad - Head of the Egyptian Department of Repatriation

Shaaban Abdel-Gawad
By Edgar Tijhuis 

When a civil war starts in a country, everyone and everything pays a price, including heritage.  In response to this ARCA initiated its Minerva Scholarship in 2015 in order to allow heritage professionals from the conflict countries of Iraq, Libya, Syria and Yemen to train with us as a means of analysing criminal behavior which affect the security of movable cultural heritage during times of conflict.  This ARCA scholarship has allowed participants from Middle East source countries to come to Amelia for ten weeks and to learn from ARCA instructors as well as share their experiences with other heritage peers.  Minerva scholar's time in Italy also serves to build capacity between source and market country experts as they also on hand to share their own very valuable insight and experience in protecting their country's heritage, oftentimes under extremely difficult conditions.  

This year, in 2019, with funding obtained through a successful crowdfunding campaign, ARCA has been able to extend its Minerva scholarship initiative to an important post-conflict country, Egypt. During our 11th year of producing training programs we are pleased to have welcomed Shaaban Abdel-Gawad, as our first Minerva scholar from Cairo. To hear more about him, and his plans during his time in Italy, I sat down with him at one of the local coffee bars in Amelia, right in front of the old Medieval gate, which overlooks some of the city's Neolithic walls which circle the old town in order to ask him a few questions about his work and career.


Can you tell me something about your work in Egypt?

In Egypt, I am the head of the antiquities repatriation department. The department was founded in 2002 and I have been the department's head for the last four years. Since the start in 2002 over 10.000 pieces have been repatriated, most of them in the last four years. We work in different ways to achieve these results and to protect our heritage as best as possible. First of all, we collaborate with the authorities in market countries, for example through bilateral agreements like the 2010 agreement with Switzerland concerning the illicit import and transit of antiquities.  Also through the 2016 Memorandum of Understanding (MOU) with the United States, the first of its kind for the US with a Middle Eastern country. Under these agreements and other bilateral and formal agreements we have also collaborated with Italy, France, Switzerland, Spain, and the UAE, and when objects are seized abroad, we check all documents and decide what can and should be done.
Images of the sarcophagus recovered from Kuwait in 2018
Furthermore, we have several officers who systematically scan all planned sales of all major auction houses, online platforms like Ebay, Facebook and other channels that can be used to sell antiquities these days.  Online we find many fakes, but between all the fakes, there are also real antiquities that are sold illegally. An example of this is the case of the relic that was recently offered for sale at a London auction. The relic — a tablet carved with the cartouche of King Amenhotep I — has been recovered by Egypt, after the websites of international auction halls were scoured.


Can you tell me more about the rules concerning antiquities from Egypt?

Tablet from Saqqara recovered from Switzerland
Well, one needs to go back in time a bit to at least 1911. * In that year the first Egyptian law on antiquities was adopted. It said, among other things, that foreign excavation missions could take half of the excavated objects out of Egypt. In 1951, a new law was adopted. ** Under this law export licences were required for every single object leaving Egypt and unique objects were never allowed to leave the country. Finally, in 1983 the current antiquities law was introduced. Under this law, antiquities cannot be exported anymore from Egypt.***

The coffin of Nedjemankh is a gilded ancient Egyptian coffin
from the late Ptolemaic Period (First Century B.C.E) .
Are there any recent examples of repatriation of antiquities to Egypt? 

There are many and I will mention a few. After the relic in London in January of this year, we had the case of the gold-sheathed coffin from the 1st century BC. It was recovered in the United States where it had become part of the collection of the The Metropolitan Museum of Art in New York. According to a statement by the museum which purchased the coffin, inscribed with the name Nedjemankh, a priest of the ram-god Heryshef, in July 2017. Per the investigative work of the Assistant District Attorney in Manhattan, the museum learned that it had received a false ownership history, fraudulent statements, and fake documentation, including a forged 1971 Egyptian export license for the coffin. The museum handed the coffin over to the authorities after evidence showed that it was looted from Egypt in 2011.

In February of this year, another case was handled by Shaaban. Egypt’s embassy in Amsterdam received a 2500-2000 B.C.E Pharaonic limestone statue of a standing man with hieroglyphic marks on the right arm.  The object had been consigned to an auction house in the Netherlands and was scheduled to be sold at the European Fine Art Fair in Amsterdam.  The Ministry of Antiquities, in cooperation with the Ministry of Foreign Affairs, succeeded in proving Egypt’s ownership of the archaeological piece and its illegal removal from the Saqqara area of Egypt sometime in the 1990s.

This month, in an important case which is still developing, the Egyptian authorities are working to stop the auction of a quartzite sculpture of Tutankhamun through Christie’s auction house in London.  This important piece is scheduled to go up for bidding in early July and the Egyptian authorities have raised concerns that the object may have been stolen, possibly from Karnak, an extraordinary complex developed over more than 1,000 years ago made up of sanctuaries, temples, chapels, pylons, and other buildings near Luxor. 

While it remains uncertain whether the Egyptian authorities will be able to successfully claim the object back, Shaaban and his team are diligently pursuing leads and have pointedly asked the auction house to provide the Egyptian authorities with all of the documentation they were given by the consignor in furtherance of the sale.

So far Christie's has continued to state the object is legitimate but has withheld the requested documentation.

Tablet recovered from Australia
How did you hear about ARCA and the Minerva Scholarship? 

When I was in Sudan for an UNESCO workshop Effective implementation of the 1970 Convention for the prevention of illicit traffic of cultural property and of the UNESCO 2015 Recommendation on museums and collections in the Cluster countries I met Samer Abdel Ghafour. Samer completed the ARCA program in 2015 as a Minerva scholar from Syria before moving on to consult with the UNESCO Secretariat within the Section for Movable Heritage and Museums, at the Unit for the 1970 Convention. So I applied and in the end was chosen to come to Italy.

From Cairo to Amelia, that must be a big change….

Yes, it surely is. Cairo is a city with around 20 million inhabitants and Amelia a little town. But actually, I grew up in a village in Egypt and worked a lot at archaeological sites outside the cities. Italian life is Mediterranean, and in many ways similar to our culture in Egypt. The people in Amelia are very friendly and welcoming, and they ‘talk with their hands’ like we do in Egypt. There is even an Egyptian shop in Amelia! Furthermore, I enjoy the company of the ARCA staff and my fellow participants in the program, who come from all over the world. I think it’s great that this special town was chosen to host the program.

Do you see any similarities between Italy and Egypt? 

Yes, there are some interesting parallels between our countries. While we are both source countries of antiquities, we also play a role in educating other countries. We have helped countries like Libya, Uzbekistan, China, Yemen and Iraq to deal with the problem of antiquities looting. And we have seized objects from Italy in Egypt, as well as objects from several other countries that went through Egypt as a transit country.

What do you expect to learn during the program? 

I expect to learn how other countries work in this field, learn more about the laws regulating the antiquities trade and establish an international network for the future.

Ancient model of a boat, 2000 BC, recovered from Italy
More about Minerva Scholarships….

ARCA's Minerva scholarship is set aside to equip source country professionals with the knowledge and tools needed to build or improve heritage protection capacity at their home institutions and to advance the education of future generations. Scholarships are awarded through an open, merit-based competition, subject to available funding.

Accepted candidates must be able to speak and write, in English, at a university level proficiency. Those who do not, cannot be considered as all courses are taught in English. Beneficiaries of the Minerva will be granted a full tuition waiver to ARCA’s intensive professional development postgraduate program which runs annually in Amelia, Italy.

For further information about this multidisciplinary program and/or to request a prospectus/Minerva application form please if you are from a conflict or post conflict country, please write to us in English at education @ artcrimeresearch.org.

* Finalized on 12/6/1912 Law nr. 14 established that all antiquities found in Egypt belonged to the State, and forbade the selling of them, unless they were already part of a collection or coming from legal excavations, recognised by the State.  This law prohibited the export of antiquities from Egypt to other countries, except through a special license which only the Antiquities Department was entitled to grant or withhold.  This article further stipulated that any antiquity, illicitly removed from the territory was subject to seizure and confiscation. 

**Finalized on 31/10/51 Law nr. 215 amended by laws nr. 529 of 1953 and nr. 24 of 1965 enacted provisions which made penalties harsher for the theft and smuggling of antiquities. The law prohibited taking antiquities out of Egypt unless there were multiple items similar to them, and then solely with the approval of the Department of Antiquities, who meeting by a committee formed of museum personnel in the presence of a representative of the department of customs, could issued a license approving an object's exportation.  Failure to have obtained such a license implies that the antiquity in question was stolen or smuggled from Egypt.

***Enacted 06/08/1983 Law nr. 117 of 1983, emended in 2003 abolished completely all export of antiquities outside of Egypt.


Edgar Tijhuis is Academic Director at ARCA and visiting scholar at the Institute of Criminology in Ljubljana. He is responsible for the postgraduate certificate program in the study of art crime and cultural heritage protection. Since 2009, Edgar Tijhuis has taught criminology modules within the ARCA program

February 4, 2017

Saturday, February 04, 2017 - ,,,,,, No comments

Conference - From Refugees to Restitution: The History of Nazi Looted Art in the UK in Transnational Perspective.


Location: 
University of Cambridge
Newnham College - Cambridge Lucia Windsor Room
Cambridge, UK 

Dates:  
March 23-24, 2017 

Cost: 35£ (25£ for students)
Attendees are asked to register by 1 March 2017 by emailing the conference organizers 

Thursday, March 23, 2017

Opening remarks

Panel I. A Paradigm Shift? From Legal to Moral Solutions in Restitution Practice

Commentator: Victoria Louise Steinwachs (Sotheby’s London)

– Debbie De Girolamo (Queen Mary, University of London), ‘Fair & Just Solutions – A Moniker for Moral Solutions?’

 – Tabitha I. Oost (University of Amsterdam), ‘Restitution policies of Nazi- looted art in The Netherlands and the UK. A change from a legal to a moral paradigm?’

 – Evelien Campfens (Leiden University), ‘Bridging the gap between ethics and law in looted art: the case for a transnational soft-law approach’

Panel II. Loosing Art/Loosing Identity: the Emotions of Material Culture

Commentator: Bianca Gaudenzi (Cambridge/Konstanz)

– Emily Löffler (Landesmuseum Mainz), ‘The J-numbers-collection in Landesmuseum Mainz. A case study on provenance, material culture, & emotions’

 – Michaela Sidenberg (Jewish Museum, Prague), ‘Rescue/Ransom/Restitution: The struggle to preserve the collective memory of Czech and Moravian Jews’

 – Mary Kate Cleary (Art Recovery Group, New York), ‘Marie-Louise von Motesiczky: self-portraits of a woman artist as a refugee’

Roundtable I. From Theory to Practice: Provenance Research in Museums

Chair: Robert Holzbauer (Leopold Museum, Vienna)

– Tessa Rosebrock (Staatliche Kunsthalle, Karlsruhe), ‘Inventory records as a dead-end. On the purchases of French drawings by the Staatliche Kunsthalle Karlsruhe from 1965 to 1990’

 – Laurel Zuckerman (Independent Researcher, Bry sur Marne), ‘Art Provenance Databases: Are They Fulfilling Their Promise? Comparative evaluation of ten major museum databases in the USA and the UK’

 – Shlomit Steinberg (Israel Museum, Jerusalem), ‘What started as a trickle turned into a flow- restitution at the Israel Museum, Jerusalem’

 – Emmanuelle Polack (Institut National d’Histoire de l’Art, Paris), ‘Ethical issues regarding the restitution of Henri Matisse’s Blue Profile in front of the Chimney (1937) or Profil bleu devant la cheminée (1937)’

Friday March 24, 2017

 Panel III. The Postwar Art Market: The Impact of a Changing World

Commentator: Richard Aronowitz-Mercer (Sotheby’s London)

– Johannes Nathan (Nathan Fine Art GmbH, Potsdam), ‘Switzerland and Britain: Recontextualizing Fluchtgut’

 – Maike Brueggen (Independent Provenance Researcher, Frankfurt), ‘Arthur Kauffmann – dealing German art in post-war London’

 – Nathalie Neumann (Independent Researcher, Berlin), ‘Have the baby born in England!’ The trans-European itinerary (1933-1941) of the art collector Julius Freund’

 – Diana Kostyrko (Australian National University, Canberra), ‘Mute Witness: the Polish Poetess’

Panel IV. Restitution Initiatives and Postwar Politics in the United Kingdom

Commentator: Simone Gigliotti (Royal Holloway University of London)

– Elizabeth Campbell (University of Denver), ‘Monuments Woman: Anne O. Popham and British Restitution of Nazi-Looted Art’

 – Marc Masurovsky (Holocaust Art Restitution Project), ‘Operation Safehaven (1944-49): Framing the postwar discussion on restitution of Nazi looted art through British lenses’

 – Angelina Giovani (Jewish Claims Conference - Jeu de Paume Database), - A case study: ‘Looting the artist: The modern British paintings that never came back from France’

Panel V. Conflicting Interests: Restitution, National Politics and Vergangenheitsbewältigung across Postwar Europe

Commentator: Lisa Niemeyer (Independent Researcher, Wiesbaden)

– Ulrike Schmiegelt-Rietig (Wiesbaden Museum), ‘Pechora monastery, Russian collection looted by ERR and landed in Wiesbaden CCP’

 – Jennifer Gramer (University of Wisconsin-Madison), ‘Dangerous or Banal? Nazi Art & American Occupation in Postwar Germany and US’

 – Agata Wolska (Independent researcher, Krakow), ‘The Vaucher Committee as International Restitution Body – the Abandoned Idea’

 – Nicholas O’Donnell (Sullivan & Worcester LLP, Boston), ‘Comparison of statutory & regulatory origins of restitutionary commissions in Germany, Austria, NL & UK after WWII’

Roundtable II. From Theory to Practice: Provenance & the Art Market

Chair: Johannes Nathan (Nathan Fine Art GmbH, Potsdam)

– Friederike Schwelle (Art Loss Register, London), ‘The difference between US and UK in resolving claims for Nazi looted art’

 – Isabel von Klitzing (Provenance Research & Art Consulting, Frankfurt) and Pierre Valentin (Constantine Cannon LLP, London), ‘From Theory to practice – when collectors want to do the right thing?’

November 12, 2016

Saturday, November 12, 2016 - ,,,,,,, No comments

Art Restitution: Tate Completes Restitution Process of Looted Constable Painting

Constable's 'Beaching a Boat, Brighton' (1824) will be returned to
its heirs on the recommendation of the UK's Spoliation Advisory Panel
London’s Tate Museum has, at long last, restituted John Constable’s painting, Beaching a Boat, Brighton to its rightful owners. The Tate returned the painting to the heirs of Baron Ferenc Hatvany, a Hungarian Jewish painter and art collector, after it emerged that the work had been looted during the second World War.  The painting was once part of  Baron Hatvany’s larger collection, one of the finest, if not the largest (a distinction belonging to the Herzog’s) art collections in Budapest.  By the early 1940s, his collection comprised of some 750-900 works of art.  

Hatvany was forced to store this, and several other artworks, in a Budapest bank vault against the threat of possible Allied bombing, before ultimately being forced to flee the city when the Nazis arrived. The Russian Army then entered Budapest in 1945 and seized the Hatvany collection, leading to long-standing legal disputes over the property rights of many of the pieces of artwork it contained.

The heirs of Baron Hatvany filed a claim with Britain's eight-member Spoliation Advisory Panel — a panel created by the British government to mediate looting claims on art works in public institutions in 2013—after someone recognized the Constable painting as having been looted whilst visiting the Tate's London collection in 2012. 


In May 2014, at the urging of the SAP, the Tate formally authorized the painting's return to three of Hatvany’s heirs — descendants who live in Paris and Switzerland.  Then, alarmingly, the museum reversed course one week later after officials from the Hungarian Museum of Fine Arts produced an apparent 1946 export license for the painting.

SAP met again in September 2015 to reexamine the original facts in the case, along with the added Hungarian Museum documentation, and in a lengthy 81-page report again concluded that “No link has been established between Baron Hatvany and the two persons named as applying for the export license.” SAP then once again urged the return of the painting to the Baron’s heirs.

Agnes Peresztegi, a lawyer who works for the nonprofit Commission for Art Recovery and represents the three Hatvany heirs, has said that the case illustrated the need for museums to conduct better due diligence when checking the provenance of paintings. “Research,” she stated, must “conform to a higher standard and there is a need for more transparency.”

As is unfortunately often the case when World War II restitutions are eventually made, the Hatvany heirs have decided to put the Constable painting up for sale. The heirs of WWII looted art are often numerous or often, not necessarily wealthy.  Sometimes the only practical solution for dividing the value of inherited artworks is to witness its sale.

Baron Ferenc Hatvany’s Constable painting, Beaching a Boat, Brighton will go on the auction block at Christies in London on December 8th.  It is expected to sell for between GBS £500,000 and GBA £800,000.

By: Summer Clowers










At the urging of the SAP, the Tate formally authorized the painting's return to three heirs — descendants who live in Paris and Switzerland in May 2014.  Then alarmingly the museum reversed course one week later after officials from the Hungarian Museum of Fine Arts produced an apparent 1946 export license for the painting.

The Spoliation Advisory Panel met again in September 2015 and reexamined the facts in the case along with the added documentation and in a length 81 page report again concluded that “No link has been established between Baron Hatvany and the two persons named as applying for the export license.”

Agnes Peresztegi, a lawyer who works for the nonprofit Commission for Art Recovery, who represents the three Hatvany heirs since 2012 has said the case illustrated the need for museums to conduct better due diligence when checking the provenance of paintings. “Research,” she stated, must “conform to a higher standard and there is a need for more transparency.”

As is often the case, when World War II restitutions are eventually made, the Hatvany heirs have decided to put the Constable painting up for sale.  The painting will go on the auction block at Christies in London on December 8th and is expected to sell for between GBS £500,000 and GBA £800,000.

Because the heirs of the looted art are numerous or not necessarily wealthy, sometimes the only practical solution for dividing the value of inherited artwork is to witness its sale. 





September 14, 2016

Wednesday, September 14, 2016 - ,,,, No comments

Should there be immunity for stolen art? Info Call on Bill S.3155 - the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Tomorrow, September 15, 2016 the United States Senate Judiciary Committee will vote, or not, on S.3155, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act.

This bill on looted cultural artifacts in the US was first introduced by Senator Orrin Hatch [R-Utah] and subsequently cosponsored by Sen. Dianne Feinstein [D-CA], Sen. John Cornyn [R-TX], Sen. Christopher Coons [D-DE], Sen. Mike Lee [R-UT], Sen. Charles Schumer [D-NY], Sen. Thom Tillis [R-NC], Sen. Richard Blumenthal [D-CT], Sen. Richard Durbin [D-IL], Sen. Al Franken [D-MN], Sen. Lindsey Graham [R-SC], Sen. Tom Udall [D-NM], and Sen. Amy Klobuchar [D-MN]. 

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act would amend the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are an issue and that property, or any property exchanged for it, is: 

(1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States, 

or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.

This bill would grant a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and
the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

If passed, this bill would grant many authoritarian regimes around the world the right to keep stolen art. Additionally the exception within the law for art stolen seized during World War II by the Nazi regime, has been narrowly interpreted, and if passed the bill would grant many of these looted works of art immunity from seizure. 

Ori Z. Soltes, Chair of the Holocaust Art Restitution Project ( “HARP”), expressed, through counsel, strong opposition to this bill via Lootedart.com, the central registry of information on looted cultural property from the period of 1933 to 1945. 

For those who would like to know more about the impact of this proposed legislation, please consider dialing in to the following teleforum event today:

SEPTEMBER 14 AT 3:30PM EST

CALL-IN: 1-888-585-9008

CONFERENCE PIN: 881-121-039

The forum will be moderated by Marion Smith, a civil-society leader, expert in international affairs, and Executive Director of the Victims of Communism Memorial Foundation

On hand for the call will be:

Pierre Ciric, an attorney and founder of the Ciric Law Firm, PLLC, a firm which specializes in art law and cultural property advice.

Eric Sundby, President of the Holocaust Remembrance and Restitution Foundation, Inc., a foundation which fights to return stolen antiquities while also working to combat trade in illegal antiquities, advocate for and provide education on the crimes of Nazi and Communist regimes, and end anti-Semitism and prejudice around the world.

Marc Masurovsky co-founder of the Holocaust Art Restitution Project (HARP) and an expert on the question of assets looted during the Holocaust and World War II.

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