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

September 30, 2016

December 12, 1988 - Museum Theft, Kröller-Müller Museum in Otterlo, The Netherlands

At a time in the late 80s when Van Gogh's paintings were listed on the "Top 10 Prices Paid for Paintings" at two of the world's two premiere auction houses, Christie's and Sotheby's, stealing Vincent's artwork might have seen like a fast way to make money. Van Gogh's touchingly poignant Irises, painted in 1889 during the last year before his death at the asylum at Saint-Rémy had just sold (on November 11, 1987) for $53.9 million, the highest price ever paid for an artwork in an auction at that time. 

Perhaps with this in mind, and perhaps because the Kröller-Müller Museum holds the second-largest collection of the Post-Impressionist master in the world, with almost 90 paintings and over 180 drawings attributed to Vincent Van Gogh, the thieves decided to hit the Otterlo museum on December 12, 1988. TO commit their crime, they entered the museum by breaking one of the windows and then made off with three artworks worth an estimated €113 million euros.

The works stolen included: 

The second of three painted sketches titled 
De aardappeleters, (the potato eaters), April - May 1885
oil on canvas mounted on panel, 73.9 x 95.2 cm
Completed in Nuenen


Loom with Weaver, 1885
oil on canvas, 70 x 85 cm
Completed in Nuenen


and

Four Cut Sunflowers, August-September 1887
oil on canvas,  60.0 x 100.0 cm
Completed in Paris 



Loom with Weaver was returned, possibly as a gesture for negotiation in April 1989.  The two thieves then tried to exact a $2.5 million ransom for the remaining two paintings which led to the police recovering the works on July 13, 1989. 

While no ransom was paid, the artworks did sustain damages.  Two men were sentenced to 3.5 and 5 years respectively for their roles in the crime.

By: Lynda Albertson

May 20, 1988 - Museum Theft, Stedelijk Museum Amsterdam, The Netherlands

In the early morning hours of May 20, 1988, the Stedelijk Museum Amsterdam, located on the Museumplein, was hit with its one and only museum theft to date. The value of the stolen works, which became part of the collection between 1949 and 1951, were estimated by the museum's director Wilhelmus Beeren at the time to be between 25 to 100 million Dutch gilder, the currency of the Netherlands from the 17th century until 2002. 

The Stedelijk was equipped with an electronic alarm system but at the time of the break-in the museum was unmanned.  The alarm went off at five in the morning which prompted the private security service hired by the museum, and who monitored the alarm system from a central office, to contact the Amsterdam police 20 minutes later.

Upon arriving on the scene, law enforcement found a broken window. During an inspection of the museum after the break-in, staff reported that three paintings had been taken from a room close to the entrance of the museum. 

The paintings stolen during the burglary were:

Vase with Carnations, 1886 
by Vincent van Gogh 
oil on canvas, 46.0 x 37.5 cm


Bouteilles et pêches (Bottles and Peaches), 1890
By Paul Cézanne
oil on canvas, 49 x 51 cm


and

La maison du maître Adam Billaud à Nevers (The House of Master Adam Billaud at Nevers) 1874 
By Johan Barthold Jongkind
oil on canvas, 56.5 x 42.5 cm


Interviewed shortly after the theft, Director Beeren stated that the theft could have been done by experts perhaps on a "made to Order" basis.  His hypothosis was based upon the fact that the museum contained many other, more valuable works of art and given the thief also chose to make-off with the paintings' frames. 

Eleven days later, on 31 May 1988, all three paintings were recovered undamaged by police, who had posed as potential buyers interested in Post-Impressionist art when dealing with the criminal. The culprit was then arrested for the burglary and convicted.

By: Lynda Albertson

May 15, 1975 - Museum Theft, Galleria d'Arte Moderna, Milan


On the evening of February 17, 1975, twenty-eight Impressionist and Post-Impressionist works of art were stolen from the Galleria d'Arte Moderna in Milan.  In total works of art by Vincent Van Gogh, Paul Gauguin, Paul Cezanne, Auguste Renoir, Amedeo Modigliani, Jean-Baptiste-Camille Corot, the 16th century Flemish master Adrien Van Utrecht, Francoise Millet, Giovanni Fatter, Telemaco Signorini, and Giovanni Segatini were stolen.  The theft occurred despite the presence of watchmen on the premises, who were assigned to regularly patrol the museum and in theory who were required to make ten rounds of the exhibition spaces during each shift.  

To accomplish their crime criminals broke into the museum through an unalarmed first floor window.  They then mounted three flights of stairs and once in the upper Grassi Gallery proceeded to cut the artworks free of their frames, leaving them in a horrifying discarded heap. 

Van Gogh watercolour Breton Women (after Emile Bernard)
also known as Les bretonnes et le pardon de pont Aven
stolen from the Galleria d’Arte Moderna.
Stolen February 17, 1975 Recovered April 6, 1975
Stolen May 15, 1975 Recovered November 3, 1975
While no details of any arrests were announced in connection to the theft it is understood that the thieves may have demanded a hefty ransom and that this demand was most likely met. 

The works of art were conveniently recovered together on April 6, 1975, in an unoccupied sixth‐floor Milan apartment which had been registered to an alias. That apartment was later traced to Giuseppe Pennestri, an individual from Reggio Calabria living in Milan.   At the time the artworks were recovered, and given their good condition the artworks were valued by newspapers at USD $5 million.

While the Galleria d'Arte Moderna got its collection returned, by giving in and paying a thief's ransom, they encouraged further robberies.   Just three months later, on May 15, 1975, thieves struck the museum for a second time.

As if to add insult to injury, the second theft made use of the same security vulnerabilities.  Thieves entered the museum via the exact same avenue taken earlier, as if the first theft was a dress rehearsal for the second grand performance.

To break into the museum they came in over the high wall around the museum and then penetrated the building by climbing a ladder and entering through an upper floor window which had not been fitted with a burglar alarm. 

Once inside they reportedly overpowered four night watchmen.  Two were bound and gagged while making rounds and two were subsequently subdued in the Grassi Gallery where the criminals again made off with a substantial cache of paintings.

This time, even more Impressionist and Postimpressionist works of art were stolen, 38 in total. Many of the artworks stolen, including Van Gogh's watercolour Breton Women (after Emile Bernard), were the same ones taken during the previous robbery.

Perhaps because the thieves were banking on a ransom having already been paid?

One month later, on June 17, 1975, police got a break.  During an routine traffic stop, Giuseppe Pennestri was arrested by Italian authorities while driving a Mercedes with New Zealand license plates under an assumed name.  With him was a Yugoslavian also travelling with false identity papers.

Pennestri would turn out to be a truly unsavoury character, with a record that included not only masterminding the theft of the museum, possibly on both occasions, but also a rap sheet that included homicide, drug dealing, facilitating prostitution and apparent ties to organized crime

Following a joint investigation involving Interpol and the Italian and West German authorities 26 of the 38 artworks stolen were recovered on November 2, 1975. 

Italian law enforcement officials arrested one suspect in Foligno while their counterparts in Germany arrested three individuals in Duisburg, what was then West Germany.  Fifteen of the paintings were found in Italy during a raid on an apartment owned by a wealthy businessman, Settimio Bianchi. Eleven other artworks, including the works by Van Gogh and Renoir, were recovered in West Germany along with nine other stolen artworks from the Galleria d'Arte Moderna.

By Lynda Albertson

February 17, 1975 - Museum Theft, Galleria d'Arte Moderna, Milan


On the evening of February 17, 1975, twenty-eight Impressionist and Post-Impressionist works of art were stolen from the Galleria d'Arte Moderna in Milan.  In total works of art by Vincent Van Gogh, Paul Gauguin, Paul Cezanne, Auguste Renoir, Amedeo Modigliani, Jean-Baptiste-Camille Corot, the 16th century Flemish master Adrien Van Utrecht, Francoise Millet, Giovanni Fatter, Telemaco Signorini, and Giovanni Segatini were stolen.  The theft occurred despite the presence of watchmen on the premises, who were assigned to regularly patrol the museum and in theory who were required to make ten rounds of the exhibition spaces during each shift.  

To accomplish their crime criminals broke into the museum through an unalarmed first floor window.  They then mounted three flights of stairs and once in the upper Grassi Gallery proceeded to cut the artworks free of their frames, leaving them in a horrifying discarded heap. 

Van Gogh watercolour Breton Women (after Emile Bernard)
also known as Les bretonnes et le pardon de pont Aven
stolen from the Galleria d’Arte Moderna.
Stolen February 17, 1975 Recovered April 6, 1975
Stolen May 15, 1975 Recovered November 3, 1975
While no details of any arrests were announced in connection to the theft it is understood that the thieves may have demanded a hefty ransom and that this demand was most likely met. 

The works of art were conveniently recovered together on April 6, 1975, in an unoccupied sixth‐floor Milan apartment which had been registered to an alias. That apartment was later traced to Giuseppe Pennestri, an individual from Reggio Calabria living in Milan.   At the time the artworks were recovered, and given their good condition the artworks were valued by newspapers at USD $5 million.

While the Galleria d'Arte Moderna got its collection returned, by giving in and paying a thief's ransom, they encouraged further robberies.   Just three months later, on May 15, 1975, thieves struck the museum for a second time.

As if to add insult to injury, the second theft made use of the same security vulnerabilities.  Thieves entered the museum via the exact same avenue taken earlier, as if the first theft was a dress rehearsal for the second grand performance.

To break into the museum they came in over the high wall around the museum and then penetrated the building by climbing a ladder and entering through an upper floor window which had not been fitted with a burglar alarm. 

Once inside they reportedly overpowered four night watchmen.  Two were bound and gagged while making rounds and two were subsequently subdued in the Grassi Gallery where the criminals again made off with a substantial cache of paintings.

This time, even more Impressionist and Postimpressionist works of art were stolen, 38 in total. Many of the artworks stolen, including Van Gogh's watercolour Breton Women (after Emile Bernard), were the same ones taken during the previous robbery.

Perhaps because the thieves were banking on a ransom having already been paid?

One month later, on June 17, 1975, police got a break.  During an routine traffic stop, Giuseppe Pennestri was arrested by Italian authorities while driving a Mercedes with New Zealand license plates under an assumed name.  With him was a Yugoslavian also travelling with false identity papers.

Pennestri would turn out to be a truly unsavoury character, with a record that included not only masterminding the theft of the museum, possibly on both occasions, but also a rap sheet that included homicide, drug dealing, facilitating prostitution and apparent ties to organized crime

Following a joint investigation involving Interpol and the Italian and West German authorities 26 of the 38 artworks stolen were recovered on November 2, 1975. 

Italian law enforcement officials arrested one suspect in Foligno while their counterparts in Germany arrested three individuals in Duisburg, what was then West Germany.  Fifteen of the paintings were found in Italy during a raid on an apartment owned by a wealthy businessman, Settimio Bianchi. Eleven other artworks, including the works by Van Gogh and Renoir, were recovered in West Germany along with nine other stolen artworks from the Galleria d'Arte Moderna.

By Lynda Albertson

July 28, 2016

Dali's 1941 Surrealist work "Adolescence" and Lempicka's 1929 tableau "La Musicienne" Recovered: Tied to Organized Crime

After negotiations that stretched from the UK, to the Netherlands and beyond two paintings stolen by masked gunmen during a daylight robbery have been recovered thanks to the work of private investigators. 

Snatched from the Scheringa Museum of Realist Art, once located in the village of Spanbroek in northwest Holland on May 01, 2009, the robbers made off with “Adolescence,” 18 x 12 inches (45 by 30 centimeters), a 1941 gouache by Salvador Domingo Felipe Jacinto Dalí featuring the Catalan artist and his one-time nanny and “La Musicienne,” 46 x 29 inches (116 by 73 centimeters), a 1929 oil painting by Polish-born art deco painter Tamara de Lempicka.

In 2009 the museum closed; a direct result of the collapse of the Dutch DSB Bank owned by the Museum's founder and owner, Dirk Scheringa. Forced into liquidation by its creditors, Dutch bank ABN Amro, whose removal men can be seen in the video below, seized 130 paintings from the museum's collection, reportedly to cover a $48 million loan that the museum’s namesake owner had failed to repay. The sale of the museum's collection, both stolen and on site achieved € 2,880,075. 



In a post published on Twitter Dutch art historian Arthur Brand released a statement saying  

Brand further reported that the two artworks had been given to a criminal gang as collateral, in lieu of payment. 


Dali’s surrealist landscape painting depicts a woman’s lips and nose superimposed onto the back of a seated woman,  her eyes and eyelashes are formed by two hills in the background.  The Lempicka artwork shows a bohemian woman in a vivid blue dress, playing a mandolin against the backdrop of a cityscape. 

After an intense months-long negotiation, the two paintings have now been handed over to UK police at New Scotland Yard.  The current owners, who purchased the art as a result of the museum's sale, have yet to be identified publically. 


October 2, 2015

Mystery Surrounding the Murder of Art Thief Sebastiano Magnanini

The Regent's Canal and entrance to the Islington Tunnel 
Murdered in North London, then bound and tied to a shopping cart in attempt to keep his copse submerged under water, Sebastiano Magnanini's badly decomposed body was discovered by a passerby near an Islington tunnel on the Regent’s Canal not far from King's Cross a little over a week ago. The area where the victim's body was recovered is popular among boaters, some of whom live in houseboats which dot the sides of the canal.  The footpath is also popular among walkers and cyclists looking to escape the capital’s busy streets.  

This is all authorities have released about the grisly demise of Venetian art thief once jailed for 18 months for his part in the 1993 theft of the 1732 painting The Education of the Virgin by Italian Rococo  artist Giovanni Battista Tiepolo from the church of Santa Maria della Fava, also originally known as Santa Maria della Consolazione, in the sestiere of Castello in Venice, Italy.

Described by his friends and family as a free spirit, Magnanini, was a resident of the Cannaregio quarter in Venice but lived outside of Italy. He changed countries as the mood or work suited him.  In 2003 he moved to Plaistow, east London, then later to Thailand and Vietnam embracing a free-spirit hippy lifestyle and making ends meet by teaching English.  Later he moved to Cambodia where he worked briefly as a tour guide for an Italian company.  Then this summer he moved to the UK capital where he had begun working as a carpenter. 

Surveillance cameras in the area, used for the purpose of observing the zone show assailants attacking and then killing Magnanini.  Investigators with New Scotland Yard, who are handling the investigation do not believe that Magnanini's homicide is linked to organised crime, moreover his brother Matteo Magnanini also insisted his brother “Seba” was not involved in any criminal activity.  In an interview with The Evening Standard Matteo said 




Magnanini was sentenced in 1998 to 18 months in prison for his role as a bumbling one-time art thief in the theft of the Tiepolo artwork. Like many of Italy's churches, Santa Maria della Fava had no alarm or surveillance system and during the heist Magnanini simply hid inside the church until it closed for the evening, then cut the canvas painting from its altarpiece frame, and exited the church before heading to a nearby bar to smoke.   

The slightly damaged painting was recovered 3 months after the theft, rolled up and tied with a simple shoelace, hidden in a farmhouse near the city’s Marco Polo airport. 

Italian newspapers are speculating that Magnanini may have been the simple victim of a drug deal that went wrong.  Anyone with any information is asked to contact Detective Chief Inspector Rebecca Reeves via the incident room on 020 8721 4868,  alternatively, the police non-emergency line on 101 or, if the wish to remain anonymous, via the UK's Crimestoppers line at 0800 555 111.





September 6, 2015

The Scream: 4 Versions, 2 Thefts, 1 Forced Sale


Expressionist artist Edvard Munch created four principle versions of Der Schrei der Natur, one of the world's most recognisable works of art.   Known in popular culture as The Scream, the artwork has become an agonised symbol of modern anxiety and alienation.

But how do you tell the differences between four of the world’s most talked about works of art when the dynamic composition and its enigmatic character remain so similar from version to version? Each of the works of art contain minor differences in the spectacular skyline, with figures in the background of a foot path, a prominent wooden railing and a view overlooking the peninsula extending into a fjord with a cityscape beyond.  But what truly sets these celebrity artworks apart from one another is the fact that two versions were stolen from different Norwegian museums in 1994 and 2004 and a third has been the subject of an ownership controversy that dates back to the Second World War. 

1893 Version - 35 3/4 by 28 7/8 Oil, Tempera, Pastels and Crayon on cardboard, with tell-tale wax drips in the lower right.

On February 12, 1994, two men climbed a ladder and smashed through a window to enter The Nationalgalleriet in Oslo.  Using wire cutters, the art thieves clipped the framed painting free from the wall and made a speedy getaway.

The painting was recovered on May 7, 1994 with the help of an undercover operation by British detectives.  Tony Russell, and Dick Ellis of New Scotland Yard's famed Art and Antiques Squad worked closely with Detective Charles Hill who posed as an American art dealer representing The Getty.

1892 Version - 29 1/8 by 22 in., Crayon on cardboard 
Some individuals argue that this version of The Scream is Munch’s first attempt at rendering his historic image.  Its unfinished elements present as a more preliminary work and is remarkable in that one of the figures in the background appears to be looking out towards the fjord. This version is housed at the Edvard Munch Museet (Munch Museum) of Oslo and is the only one of the four "Screams" to not have had a checkered past. 

1895 Version - 32 by 23 1/4 in. Pastel on board
Sold for $119,922,500 at Sotheby's on May 2, 2012 billionaire Leon Black's purchase set the record for the highest price ever paid for a work of art at auction. Mr Black is a trustee of MoMA and The Met. 

This version is Munch's most vibrant and some consider it more valuable due to a handwritten inscription the artist wrote on its frame.  


1910 Version -  32 7/8 by 26 in., Tempera, Oil and Crayon
This version and "Madonna", another of Munch's iconic works, were snatched from the Munch Museet (Munch Museum) by two masked men dressed in black and brandishing guns, who forced museum staff to take the paintings down from the wall and hand them over.

When both artworks were recovered two years later, The Scream was found to have sustained worrisome damages.  Despite the efforts of conservators, who worked tirelessly to repair most of the damage, the bottom-left corner of the painting was left washed out and scarred by a dirty brown watermark. Some say the damage and the artwork's theft only add to its value. 

Perhaps envisioning the success of his artwork or a premonition about their popularity with thieves Munch created approximately thirty Der Schrei der Natur lithographs in 1895, all with black ink, most on either white or cream paper. 

To get an idea of what landscape inspired this iconic painting, one need only read the inscription etched into the frame of the 1895 version.  It reads "I was walking along the road with two friends – the sun was setting – suddenly the sky turned blood red – I paused, feeling exhausted, and leaned on the fence – there was blood and tongues of fire above the blue-black fjord and the city – my friends walked on, and I stood there trembling with anxiety – and I sensed an infinite scream passing through nature. -TM"

Norwegians believe the artist was describing an overlook from a road called "Valhallveien" overlooking Oslo, the Oslofjord and Hovedøya from the vantage of Ekeberg Hill.  If you want to know where that is why not check out pop culture detective Bob Egan's fantastic website.  He has also pinpointed the exact spots where some of the most famous album covers of all time were photographed.

By Lynda Albertson

July 7, 2015

The Oratorio of San Lorenzo in Palermo, Sicily: Where a stolen Caravaggio Nativity once hung above the altar


Street entrance to the Oratorio of San Lorenzo in Palermo
by Judge Arthur Tompkins

This post continues last week's post "Sicily, Palermo, Cicero, and a missing Caravaggio".

I found it.

Not, sadly, Caravaggio's Nativity. But the stunning Oratorio where it should hang.

The Oratorio of San Lorenzo in Palermo, Sicily, is at Via Immacolatella, 3, next door to a larger church dedicated to Saint Francis, which overlooks a quiet piazza. It's a little tricky to find, a few streets back on the south side of Via Vittorio Emanuele, on the seaward side of both the main north-south roads, Via Marqueda and Via Roma, in the Old Town.

Just in case you're interested, the easiest route is to turn off Via Vittorio Emanuele into Via Alessandro Paternostro, then walk down this gently curving street until it opens into the small piazza. The Chiesa San Francesco is on your left, across the piazza, and the entrance to Via Immacolatella is in the far left corner: it heads back towards Via Vittorio Emanuele. You'll most likely need to keep your map close at hand as you untangle the labyrinth to find the front entrance.

Leafy courtyard of the Oratorio of San Lorenzo
Inside the entrance and up a few steps is a small leafy courtyard. You pay the modest entrance fee on the left (hang on to your ticket - it will get you free or reduced entrance to a list of other places, including the sombre and austere 12th century church of San Cataldo, with its distinctive three cupolas, just behind Piazza Pretoria) and then the door to the Oratorio is diagonally across the courtyard, in the far corner nearest the street.

Inside a vibrant rococo feast of Giacomo Serpotta baroque stucco work greets you, showing various scenes from the life of St Lawrence, culminating in his martyrdom atop a fiery brazier on the rear wall.

The copy of the stolen Caravaggio painting of the Nativity
But opposite that, in pride of place above the altar, hangs a full size replica of the stolen painting. Even as a copy, it dominates the rectangular room, the only break in the profusion of white and gilded stucco-work.

It remains a silent witness to a now decades-old theft, with little or no hope for the recovery of an original most likely now gone for ever.

Sources for further reading on the theft of Palermo's Caravaggio Nativity can be found here.

April 25, 2015

Stolen Treasures Mysteriously and Anonymously Returned

By: Judge Arthur Tompkins

Te Papa Tongarewa National Museum, Wellington, New Zealand
A week ago, 14 Maori taonga [treasures], dating from the 1800s and which were in the care of a local resident in their home, were stolen during a house burglary of a rural property near to the Hawke's Bay town of Hastings, in the eastern part of the North Island of New Zealand.

Included in the haul were a number of items registered with New Zealand's Natonal Musuem, Te Papa Tongarewa, and thus protected from export under New Zealand law.

The stolen pieces included a number of greenstone (the New Zealand indigenous jade, also known as pounamu) ceremonial mere, including the two shown here, a closely-related patu [club] made from whalebone, and a ceremonial adze with a pounamu blade.

Ceremonial Greenstone Mere I

Ceremonial Greenstone Mere II



















"The thieves will be aware of both of these things.  We appeal to the people who took these items to return them immediately so they can be cared for by their proper guardians and remain in their turangawaewae [resting place]."
Yesterday, Friday NZ time, all the items taken were handed anonymously back to Te Papa Tongarewa.  No other details of the return have been released, apart from the fact that the items were seemingly undamaged both during their theft and during their transport down to Wellington, the nation's capital.

Police are continuing their investigation.

February 14, 2015

Raul Espinoza sentenced to more than four years in state prison for receiving art stolen from Encino home in 2008

Raul Espinoza
by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

Brian Melley reported in the Associated Press Feb. 13 ("Man who tried to sell stolen Encino art gets 4 years in state prison") that Raul Espinoza was 'sentenced Friday to more than four years in state prison' when he 'pleaded no contest to one count of receiving property stolen in 2008 from the Encino home of Susan and Anton Roland:
He [Espinoza] was asking $700,000 for works he said were worth $5 million, though the paintings have since been valued for as much as $23 million, said Ricardo Santiago, a spokesman for the Los Angeles district attorney.
Melley/AP wrote that Espinoza's restitution hearing is scheduled for March 25.

(CNN also identified the owners of the art collection here).

Veronica Rocha for The Los Angeles Times reported that Espinoza's sentence was "four years and four months".

In May 2012, Mash Leo for The Jewish Daily reported that Susan and Anton Roland donated 15 works of art (including a Francis Bacon triptych worth $75 million) to the Tel Aviv Museum of Art:
This collection was accumulated over a lifetime by Susan Roland and her husband, the late Anton Roland. A teary-eyed George Roland paid tribute to his parents’ passion for art collecting: “Father was born in Carpathia [Czechoslovakia]. Mother was born in Hungary. They married in Budapest. In 1946 they moved to Paris and dreamt of owning paintings…. In 1949 they bought a Chagall in Israel [and] kept on buying paintings all over Europe. When [Dad] bought the Francis Bacon painting, his wife remarked that it was immoral to pay so much money [for it]. He pacified her by saying that it would eventually go to the Tel Aviv Museum…. It was their greatest wish to have a collection and to donate it after our passing, to share it with the Israeli people.’”

A catalogue on the donation from the Rolands to the Israeli art gallery can be purchased on Amazon.

An online article in "15 Minutes Magazine" quoted George Roland on his parents:
"My parents were opposites," George said. His mother came from Hungary and father from the Carpathians. Dad studied in a yeshiva in Prague when the war broke out.
He found his future wife on the street wearing a Jewish star. "Why are you wearing that?"
"They told me to."
"Just because they told you to do it doesn’t mean you do it."

He ripped the star off her coat and took her to the underground where he was working as a forger for the resistance against the Nazis. They stayed together ever since.
Related ARCA blog posts:




January 30, 2015

Breaking News: Will the Real Owners of the Stolen Paul Gauguin Painting Please Stand Up? A Case for Mediation.

In April 2014 the stolen art world ignited when a press conference conducted by General Mariano Mossa of Italy’s Comando Carabinieri Tutela Patrimonio Culturale art crime squad and the country’s Minister of Culture and Tourism, Dario Franceschini, announced that Italy had recovered two stolen paintings worth more than 33 million euros.

Originally owned by philanthropist Mathilda Marks, daughter of Michael Marks, who founded the Marks and Spencer retail empire and her husband, Terence Kennedy, the two paintings, Fruits sur une table ou nature au petit chien (Still Life with a Small Dog) by Paul Gauguin and Pierre Bonnard’s La femme aux deux fauteuils (Woman with Two Armchairs) had been stolen from a opulent London flat in Chester Terrace in 1970.  The art thieves, posing as burglar alarm repairmen, gained access to the house on the pretext of verifying the owner’s alarm system.  Pretending to go about their work, the criminals quickly removed the artworks from their original frames and bolted while the housekeeper was distracted preparing tea.

After their theft, the art works were smuggled out of England and on to France where they were later abandoned on a Turin-bound train arriving from Paris.  The culprits were never identified though police speculate that whoever was transporting the paintings may have abandoned them when they were spooked by customs officials on the train.

Found by railway inspectors, the two paintings languished for more than a year in the Turin train system’s lost property section before being auctioned off by Italy's national railway network in 1975 as unrecovered lost property.  This time period is significant because the sale occurred five years before the Carabinieri's famous art crime tracking database came into existence.  Unaware of their importance, the pictures were sold for a mere 45,000 lire – €26 in today's money, to a Fiat employee identified only as Nicolò, who later moved back to Siracusa, Sicily when he retired from the auto industry job as a metal mechanic in Turin. 

The Antiques Trade Gazette, reported that Rome’s public prosecutor Marcello Cascini, has stated that the Carabinieri TPC had been alerted to the paintings when a friend of the Italian buyer tried to sell them.  Other news services have reported that the autoworker’s son, Salvatore voluntarily contacted the Carabineri TPC directly when he began to suspect that his father’s paintings where not merely bargain basement knock-off’s.  In either case, the family members have been cooperative and have avoided the lime-light while the paintings were sequestered in 2014 until rightful ownership could be established.

Who is entitled to proceed for restitution and is possession really 9/10ths of the law?

Despite EU efforts to reach uniformity, each domestic law system in the EC provides specific regulations that may vary between Common Law and Civil Code approaches in determining who the rightful owner of a stolen object is. 

Following Art.1153 of the Italian Code, "Effects of the acquisition of possession”, in order to resist a forfeiture claim and protect his interests, the bona fides Sicilian buyer first would have to establish that he acquired the artworks and currently holds the items under dispute.  Second he would need to prove that he had a "valid" title upon which the goods have been acquired and third he would need to show that he was acting on good faith when he purchased the paintings.

Based on Italian civil code criteria the paintings would have had to have been owned by the Fiat worker for 10 years if he was unaware they were stolen goods or twenty years if he had any knowledge that the artworks he had purchased were hot art.

On the basis of the civil code in Italy,  information provided by the Carabinieri TPC that specializes in art and antiquities and given more than forty years had passed since the time of the London theft and subsequent purchase, the Italian courts ruled in the autoworker’s favor last month.  The property was returned to its Italian owner who reported that he planned to sell the Gauguin.

His victory proves there is some truth to the old adage, ownership is easier to maintain if one has possession of something and difficult to enforce if one does not.

Italian law. UK law. Swiss Law. 

But while Mrs. Marks and her American husband, Terence Kennedy, had no children they did have heirs to their vast fortune.

Terence Frank Kennedy met Mathilda Marks in Paris and were married shortly thereafter on 23 August 1951.  A flashy couple, they travelled frequently and spent their money on jewellery, cars, dogs and art. They would buy the Guaguin painting in 1962 from Sotheby’s in New York.

Speaking with Richard Ellis, director of the Art Management Group and a former head of Scotland Yard's Art and Antiques Squad, ARCA learned that when Mathilda Marks died 01 September 1964 she left her widower as the principal beneficiary to her personal estate, leaving him the pictures, which remained in his Chester Terrace home in Regents Park until the high profile art theft in June 1970.

Later he would close the house and travel between Switzerland, London and the South of France where he met John Henderson, then a young actor, who would go on to serve as his personal assistant after he suffered from a major stroke.  Henderson would become Kennedy's lifelong friend, support person  and constant companion for the next twenty years.

When Mr. Kennedy died in 1997 he made Mr. Henderson his sole heir under a will administered in Switzerland. In addition to a will, Mr. Henderson can produce the complete provenance of the paintings and their original frames, complete with exhibition history.

According to Ellis, the terms of Kennedy’s will means that all of Mr Kennedy's possessions, whether in his keeping at the time or not, now belong to John Henderson, inclusive of the now contested stolen pictures and the paintings' frames which he still has. The fact that investigations revealed no insurance payout having been made on the pictures, means that at least under UK law, Mr. Henderson retains clear title to the art works.

Where do the “owners” go from here?

Mr. Ellis reported that he is attempting to schedule a meeting with Roberto Matarazzo, Italian legal counsel to the 70-year-old retired Fiat factory worker arguing that this evidence seems to dictate that the Carabineri TPC and Italian Courts may not have satisfactorily investigated the claim to ownership with regards to these valuable artworks prior to their ruling in the retiree’s favor.  Ellis would like to set up an appointment to discuss the matter in Naples as soon as possible but definitely before any potentially, controversial sale.

This may be a perfect opportunity for all parties to consider the advantages of extra-judicial methods of dispute resolution through the use of a mediator. By sitting down to talk and finding an agreement via mediation on this matter, both parties may be able to arrive at a satisfactory resolution for all parties via Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008.  This directive is specifically intended to encourage amicable dispute resolution vs. long litigious drawn out battles, particularly in civil and commercial matters.

Its the appropriate recourse for art and cultural heritage dispute in the event of an art theft where both the heirs and the purchasing party have vested interests, financial or emotional, in the artworks.

By Lynda Albertson, ARCA

References used in this article:

http://www.antiquestradegazette.com/news/2015/jan/28/british-heir-challenges-italian-factory-worker%E2%80%99s-claim-over-stolen-%C2%A325m-gauguin/
http://www.boglione.eu/it/chi-siamo/focus/item/216-re-getting-back-stolen-valuable-goods-the-eu-perspective.html

http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33251_en.htm

Italian Studies in Law: A Review of Legal Problems, edited by Alessandro Pizzorusso

http://www.nytimes.com/2014/04/03/arts/design/two-stolen-paintings-are-found-in-italy.html?_r=0

http://www.panorama.it/cultura/gauguin-bonnard-capolavori/

http://www.thepeerage.com/p36836.htm

December 21, 2014

Sunday, December 21, 2014 - ,, No comments

Noah Charney in Salon: '"Home Alone's" secret lesson: How to foil an art heist'

In a December 20th post on Salon, "Home Alone's" secret lesson: How to foil an art heist", ARCA founder Noah Charney writes on how a holiday movie has messages about museum security:
This Christmas, like every Christmas, millions of televisions will broadcast the exploits of young Kevin McCallister, whom his family forgot in their rush to the airport, to spend the holidays in Paris. “Home Alone” is a Yuletide staple, and I make a point of tuning in every year. But while most will watch “Home Alone” for its heartwarming moments, slapstick comedy and family-as-the-greatest-holiday-gift message, I see in it something else entirely—a master class in low-budget museum security.
I promise, this will all make sense in a moment.
The rest of the article can be found on Salon.com here.

December 19, 2014

Stolen Art Recovered: FBI and LAPD undercover operation recovers 3/4 of art stolen from Encino residence in 2008

by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

Los Angeles, California -- Journalist Matt Hamilton reported December 17 in the Los Angeles Times ("Detectives crack huge L.A. heist; 9 paintings recovered") that two months ago an undercover operation between the Federal Bureau of Investigation (FBI) and the Los Angeles Police Department (LAPD) recovered three-quarters of the paintings stolen six years ago from an Encino residence.

Hamilton's article included a copy of the search warrant Detective Don Hrycyk filed on Dec. 2 to continue the investigation. Hrycyk wrote of the original crime and the recovery:
On August 24, 2008, I received a crime report (DR #08-1025695) of a hot prowl residential burglary during which $10 million in fine art was stolen from the home of XXX and XXX (see Attachment B) who were both elderly invalids. The art was taken during the day while they were in their bedrooms during a brief window of opportunity lasting less than an hour during which no caregivers or employees were in the house. Twelve paintings were taken including works by artists such as Marc Chagall, Diego Rivera, Chaim Soutine and others. 
The art remained missing for six years. Then on 9/2/14, I became aware that a man named "Darko" in Europe was trying to find a buyer for the nine stolen paintings listed in the XXX crime alert (see Attachment C). He indicated that he was merely a middleman for an unknown person in possession of the art in California. 
I contacted Special Agent Elizabeth Rivas who works the FBI's Art Crime Team in Los Angeles. An undercover operation was an implemented to recover the stolen art. FBI undercover agents posing as potential buyers set up a meeting at a hotel in West Los Angeles for the purpose of buying the nine stolen paintings valued at over $10 million for $700,000 in cash. 
On 10/23/14, a man identified as Raul Espinoza (aka: Jorge Lara) tried to sell the paintings to the undercover agents and was subsequently arrested and the nine artworks recovered. He is being prosecuted under state charges of 496(a) PC (Receiving Stolen Property) with various special allegations. During the undercover operation, I heard Espinoza offering to sell three additional artworks. He described the paintings, one of which matches the description of an Endre Szasz painting owned by the victims that is still missing. 
Special Agent Rivas told me she interviewed Darko who told her he spoke to the person in possession of the stolen art at least fifty times by cellphone and received cellphone photos of the stolen art in the same manner. During the undercover buy with FBI agents, I viewed and heard the operation taking place through the use of hidden camera in the hotel room and observed Espinoza using his cellphone to call confederates to signal them during the operation. In addition, I believe the original burglary could not have been accomplished without the assistance of inside help from one of the employees who worked for the victims at the time of the crime and I believe this person is known to Espinoza. 
Espinoza's cellphone was seized and booked evidence at the time of his arrest. I request authorization to have his cellphone undergo forensic examination to determine if it contains phone numbers, contacts, photos, emails, text messages, and other information showing his involvement in the crime of receiving stolen property as well as his contacts with Darko and other accomplices in selling, transporting, or storing the art. I believed this information may result in the recovery of three additional paintings in the possession of Espinoza that were stolen from the victims during the burglary in 2008 and may reveal the identity of persons involved in the burglary in 2008 and may reveal the identity of persons involved in the original burglary in 2008.
Here's a link to an interview with Detective Hrycyk about the LAPD Art Theft Detail.

November 8, 2014

Saturday, November 08, 2014 - ,,, No comments

The documentary "Mona Lisa is Missing" is now available on Netflix, iTunes, and Amazon

by Catherine Schofield Sezgin, ARCA Blog Editor

Director Joe Medeiros' 2012 documentary "Mona Lisa is Missing" (formerly "The Missing Piece") is now available on Netflix, iTunes and Amazon through US distributor Virgil Films:
This documentary examines the case of Vincenzo Peruggia, an unassuming house painter charged with stealing the "Mona Lisa" from the Louvre in 1911. (Netflix summary)
ARCA alumna Tanya K. Levrick reviewed the film in July 2012 on the ARCA blog here. The film was also produced by Joe's wife, Justine, and showed in Los Angeles last year.

Medeiros discusses the theft of Leonardo da Vinci's masterpiece from Paris on the ARCA blog here.






July 29, 2014

ARCA '14 Art Crime Conference: Jordan Arnold on "Hello Dalí: Anatomy of a Modern Day Art Theft Investigation"

Jordan Arnold, formerly with New York County
District Attorney's Office
AMELIA -- At ARCA's Art Crime Conference on June 29, Jordan Arnold, formerly head of the Financial Intelligence Unit with the New York County District Attorney’s Office, spoke about the recent art theft investigation which involved artwork by Salvatore Dalí.
In the middle of the afternoon on June 19, 2012, inside an art gallery near Central Park, a man removed a 1949 Salvador Dali watercolor from the wall, placed it in a shopping bag and disappeared into the streets of Manhattan. The ensuing international investigation—led by NYPD Major Case Squad detectives and a Manhattan DA prosecutor—provides an illustrative case study of modern investigative techniques joined with time-tested law enforcement methods to recover a stolen work of art and convict the thief. 
The lead prosecutor in The People v. Phivos Istavrioglou, Arnold presented a concise narrative of the investigation into the theft by Cartel des Don Juan Tenorio, including: determining initial investigative steps; ruling out an inside job; recovering the piece; identifying the thief (a foreign national); placing him in Manhattan that day; using social media to track him to Europe (right down to his favorite café); seizing damning digital evidence of his guilt; luring him back to New York (through an elaborate undercover sting), and; securing his confession, indictment and conviction. The presentation included an explanation of the tools, techniques and approaches utilized, and the attendant legal considerations.
Jordan Arnold is with the New York office of K2 Intelligence, an investigative and risk consulting firm. Jordan previously served as a prosecutor with the Manhattan District Attorney's Office, where he created and headed its Financial Intelligence Unit. Prior to that, Jordan served on the homicide chart and as lead prosecutor for the NYPD Major Case Squad. Twitter @jordarnold.

July 17, 2014

Kunsthal Rotterdam Art Theft: Paying for The Heist

Picasso's 1971 Harlequin
by Liza Weber, ARCA '14 Student

Lawyers of convicted art thieves of the Kunsthal Rotterdam Heist appeal court’s ruling on grounds that the “responsibility for the theft rested solely with the museum”.

Rapsinews reported that the defense for Radu Dogaru, his mother Olga, Eugen Darie and Adrian Procop are appealing the Romanian courts ruling of €18.1 million to be paid to the paintings’ insurers, since the museum had not taken “proper security measures”. The thieves’ lawyers consider “no night guards on the premises” and security “monitored offsite by a private company” as supposedly improper measures.

Dick Drent, Corporate Security Manager for the Van Gogh Museum, contends “to have guards on site is a risk” however. Recalling the 1990 Isabella Stewart Gardner Museum Heist, where thieves posing as Boston police officers duped the guard on duty, Drent explicated that security personnel “can be used for blackmail, or even taken hostage”.

When I questioned Drent whether the lawyers appeal is as though a last reserve to get their ‘crooks off the hook’, he responded: “It is very easy to lay the problem on the other party—the security was not ok, the paintings were not originals—but we are still dealing with a theft…if the paintings are not real, why were they stolen?”

And why did the thieves go to such tale-spinning lengths to account for their disappearance? The seven still missing paintings suffered an “ignominious” fate; smuggled to Romania in pillowcases, the story goes that the mother of the alleged heist ringleader, Olga, claimed she to have buried the artworks in Caracliu’s village cemetery only to unearth them so as to cook them in her oven, as if “burning a pair of slippers,” art critic Pavel Susara told the Guardian.

It’s a twisted tale with possible substance, however. In July 2013, the director of Romania's National History Museum, Ernest Oberlander-Tarnoveanu, told the Associated Press that fragments of paint, painting primer, canvas, and copper nails—some of which pre-dated the 20th century—were recovered from Olga’s oven by museum forensic specialists.

When I related the story of the paintings’ destruction to Drent, he intercepted, “no, I don’t believe that story”. He rather predicts, as is the case for the “two missing Van Gogh paintings of the 2002 robbery,” that they will “resurface in due time”. 

But resurfacing where we might question? Identifiable artworks, once stolen, are near impossible to sell on the open market at anything like their auction value. Making an example of Van Gogh’s 1889 Sunflowers “estimated at unthinkable millions,” Drent rhetorically questioned: “Since it will never be on the market, why do we ever try to affix a price?”

Van Gogh’s Sunflowers is priceless. As is Picasso’s 1971 Harlequin Head and Monet’s 1901 Waterloo Bridge, to name but two of the masterpieces stolen from the Kunsthal Rotterdam in 2012 whilst temporarily on display. Which is not to say that nobody is responsible for reimbursement of the damage done to the paintings…

Rather, where the thieves’ lawyers appeal is for Dick Drent but “a diversion,” and subsequently “a non-issue,” Radu Dogaru, mother Olga, Eugen Darie and Adrian Procop will surely pay the price.

Ms. Weber is a freelance journalist.

July 9, 2014

Matisse's "Odalisque in Red Pants" (1925) returned to Venezuela after FBI recovered it in 2012 in Southern Florida

by Catherine Sezgin, ARCA Blog Editor

Officials in Venezuela welcomed the return on Monday (July 7) of the Matisse painting, Odalisque in Red Pants (1925), believed to have been stolen in 2000 when it was substituted with a forgery at the Museum of Contemporary Art in Caracas (Laura Rojas, July 8, The Art Newspaper ("Stolen Matisse painting returned to Venezuela after more than a decade"):
The Art Newspaper reported last October that the US authorities began repatriation proceedings after the work was certified by a Venezuelan authentication committee and later confirmed by the director of the Henri Matisse Archives in Paris, Wanda de Guébriant.
The Federal Bureau of Investigation (FBI) recovered the painting in Southern Florida in July 2012 and arrested Pedro Antonio Marcuello Guzman, 46, of Miami, Florida, and Maria Martha Elisa Ornelas Lazo, 50, of Mexico City, Mexico, for transporting and possessing the stolen painting.
According to the affidavit filed in support of the criminal complaint, this case was the result of an FBI undercover investigation. According to the allegations in the complaint affidavit, Marcuello negotiated the sale of the Matisse painting, which had been previously stolen from the Caracas Museum of Contemporary Art (Museo de Arte Contemporaneo de Caracas (MACCSI)) in Caracas, Venezuela in December 2002. The painting is valued at approximately $3 million. Marcuello allegedly admitted to the undercover agents during a meeting that he knew the painting was stolen and offered to sell the stolen painting for approximately $740,000.00. As part of the negotiations, Marcuello further agreed to have the painting transported by courier to the United States from Mexico, where the painting was being stored. The courier was subsequently identified as co-defendant Ornelas. According to the affidavit, on July 16, 2012, Ornelas arrived at the Miami International Airport from Mexico City, Mexico, hand-carrying a red tube containing the painting. On July 17, 2012, defendants Marcuello and Ornelas met with undercover agents and produced the Matisse painting titled “Odalisque in Red Pants” from inside the red tube. Upon inspection by the undercover agents, the painting appeared consistent with the original Henri Matisse painting reported stolen from the MACCSI museum. At the conclusion of the meeting, Marcuello and Ornelas were arrested.
In January 2013, Marcuello and Ornelas were sentenced to "to 33 months in prison, to be followed by three years of supervised release. Maria Ornelas was sentenced to 21 months in prison, to be followed by three years supervised release. The defendants pled guilty on October 30, 2012 to charges relating to the transportation, possession and attempted sale of the stolen Henri Matisse painting."

The head of the FBI's Art Crime Squad, Bonnie Magness-Gardiner, had discussed this case at Art Recovery International's symposium at NYU in June. You can read more about the FBI's Art Theft Program here in a presentation by Magness-Gardiner.

June 4, 2014

Follow Art Recovery International's NYU Art Crime Conference June 4-6 via "live tweeting" (@artrecovery)

Jerome Hasler will begin "live tweeting" Wednesday morning from the Art Crime Conference designed by New York University and Art Recovery International (Christopher Marinello's new venture). The three-day conference will cover the subjects of fakes, forgeries, and looted and stolen art. You can follow the @artrecovery Twitter account for updates. The first day of the conference, organized under the title of "Art Theft", will include opening remarks by Alice Farren-Bradley, Moderator, Museum Security Network; Associate Director of Recoveries, Art Recovery International Ltd.; Jane C.H. Jacob, President, Jacob Fine Art, Inc.; and Christopher A. Marinello, Attorney and Founding Director, Art Recovery Group. Anthony Amore, Director of Security, Isabella Stewart Gardner Museum; coauthor, Stealing Rembrandts, will deliver the Keynote Lecture: "Art Theft in America". Milton Esterow, former Editor and Publisher, of ARTnews will speak on "Investigating the Market and Informing the Public"; Joe Medeiros, Director and Writer, will discuss "Mona Lisa Is Missing: The Truth about the Man Who Stole the Masterpiece". You may read the rest of the program here.