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Showing posts with label illicit antiquities. Show all posts
Showing posts with label illicit antiquities. Show all posts

February 28, 2022

Will an international rogatory finally bring Italy's treasures home from the Altes Museum?

Apulian vases Antikensammlung Berlin - Accession no. 1984.39-59

Anyone who admires the moveable heritage of Magna Graecia and Apulian red-figure artefacts in particular, and who has visited the Altes Museum located on Berlin's Museum Island will likely have come across "their" phenomenal set of grave artefacts dating back to the 4th century BCE.  Extremely carefully executed and very elegant, the grouping are housed together in one extremely large glass showcase.  The so-called Phrixos crater, a volute crater with mask handles and the Rhesos crater, a high volute crater with three-wheel handles has been attributed to the Darius painter.  The Persephone crater, a volute crater with spiral handles, the Gigantomachie crater, a volute crater with mask handles and the Priamiden-Krater are ascribed to the painter of the Underworld.  Two other volute craters with mask handles are attributed to the Loebbecke painter and the painter from Copenhagen,

What makes this group spectacularly surprising is not that these strikingly beautiful artefacts are believed to possibly represent a single burial grouping, used to furnish a rich chamber tomb north of Taranto, Italy, but rather, that at the time of their purchase, no one seemed even a smidge concerned about the improbability of their purported provenance. Or, that years later, they continue to be displayed in Germany, and not in Italy, despite longstanding proof, now two decades old, that demonstrate their likely illicit origins. 

In the late 1980s, taking Christoph Leon, an Austrian archaeologist-turned-dealer living in Basel at his word, the director of the Berlin archaeological museum (at the time located in West Germany), Wolf Dieter Heilmayer, purchased the grouping of artefacts while completely ignoring the red flags in Leon's implausible story.  Despite having no proof whatsoever, beyond the word of the restorer, Fiorella Cottier-Angeli, who relayed that she had put the vases back together and they had been found in fragments in very old chests belonging to a Swiss family named Cramer, and had reached Geneva "in the nineteenth century," Heilmayer quickly shelled out 3 million marks without demanding any substantiating proof that the artefacts he was purchasing had, in fact, left Italy and entered into Swiss territory before Italy's law n.364 of 1909, entered into force.

Likewise, neither Wolf Dieter Heilmayer, nor Luca Giuliani, curator of the German archaeological museum at the time, seemed interested in questioning the flimsy backstory of how such a large grouping of funerary artefacts could have ended up smashed into bits and stashed into said trunks.  

Did the purported Cramer family have all their ancient treasures lined up on one overloaded shelf that at some point in history came crashing down?  And did said nineteenth century family conveniently have the foresight to stow each and every swept up fragment into trunks in the hopes that years later,  someone like Ms. Cottier-Angeli might put them all back together again like some precious group of Apulian Humpty Dumpties? 

Flash forward to September 13, 1995 when alarm bells really sounded.  

On that date, Swiss authorities notified Giacomo Medici that they would execute a search warrant at his storage facilities/office of Editions Services located on the fourth floor of the Ports Francs & Entrepôts de Genève, specifically Corridor 17, Room 23.  There, a search party consisting of a Swiss magistrate, three Swiss police, headed by an inspector, three Carabinieri TPC officers, an official photographer, and the deputy director of the Ports Francs & Entrepôts de Genève seized and documented contradictory evidence to the provenance story provided for the Berlin tomb-group artefacts.  

Carefully recorded by Medici were three sets of Polaroid images, depicting four of the artefacts purchased earlier by Heilmayer for the German museum's collection:

one grouping of fifteen photographs,

one grouping of six photographs,

and one grouping of two photographs.


The preponderance of this evidence seems to contradict the fabricated provenance given to the museum, which made no mention of the antiquities dealer who at that point found himself embroiled in a complex investigation by the Swiss and Italian authorities. 


Jumping forward to the last two years.  


On 11 October 2021, Alessandro Arturi, the judge of the preliminary investigations at the Court of Rome, ordered the confiscation of all 21 of the Berlin museum's tomb-group artefacts sold by Leon.  In his ruling Arturi, cited Jacques Chamay, at the time director of the archaeological museum in Geneva (who displayed the vases at the time of they were offered for purchase), and Fiorella Cottier Angeli's well known and fully established complicity with the by now-convicted antiquities dealer Giacomo Medici.  And in describing the photographic evidence in the seized Medici archive, the judge spelt out clearly that the Polaroids in the archive depict four of the craters in the Berlin museum "first in the condition of mere fragments soaked in earth, then in the subsequent phases of restoration, up to their current integral recomposition." 

Which leads me to the next question...

Dr. David Gill has been writing about his concerns regarding these vases for years, see articles here and here. The Italian authorities have thoroughly researched their problematic provenance and have documented evidence suggesting they were extracted illegally from Italian soil and exported without the benefit of an export license to Switzerland. All of which begs the question of why, a quarter of a century later, Italy has needed to resort to a court ruling, to put pressure on Germany to get on board and consider relinquishing the Apulian funeral pieces. 

What is known is that the Italian Ministry of Justice, perhaps having lost patience, has launched an international rogatory, to which Germany has yet to formally reply. 


September 3, 2021

Norwegian police seize artefacts from the Martin Schøyen collection


Weekly Norwegian newspaper Morgenbladet has reported that members of the Norwegian Economic Crimes Unit, working in coordination with the Økokrim police, confiscated approximately 100 antiquities from the extensive collection of Martin Schøyen which Iraqi authorities believe were illicitly removed from their country.  

This seizure comes following a request for assistance by the Republic of Iraq in October 2019 asking both the Ministry of Culture and the Økokrim authorities for assistance regarding 762 artefacts, including 654 incantation bowls with inscriptions written in Jewish Aramaic, the language of late antique Mesopotamia’s Jews, known to be part of the Martin Schøyen collection and which were purportedly exported from Jordan in 1988.

Among other artefacts, Schøyen's manuscripts collection in Oslo, which also warrants attention, has been reported to consist of "7597 items, of which 1052 papyri and ostraka from Ptolemaic to Arabic age"  as well as hundreds of controversial cuneiform tablets from Iraq which were in circulation in London during the 1990s. 

Many of the objects in the Schøyen collection were purchased through the now-deceased Jordanian dealer Ghassan Tamim Al-Rihani.  Commenting on why not all of the 762 contested artefacts objects were confiscated,  Maria Bache Dahl, acting public prosecutor at Økokrim stated:

"We have information that indicates that a number of the wanted objects are outside Norway."


In the past, suspect Iraqi objects in circulation in the ancient art market attributed to sales conducted by the Al Rihani family frequently made their way into the Martin Schøyen collection.  These objects were purportedly all exported from Jordan to the United Kingdom on the basis of a single Jordanian export license, dated 19 September 1988.  Research conducted by some provenance researchers believe this document to possibly be inauthentic.  

Even if the export document is legitimate, as has been attested, even by some Jordanian authorities, it only serves to authorize the export of material from Jordan.  The 1988 document does not serve as the original legal authority for the licit export of material originating in other countries, including Iraq.  It should be noted that other artefacts, purportedly as vaguely attributed to this invoice, also ended up with the Green Collection and the family's sponsored Museum of the Bible in Washington DC.  These were also subject of restitution claims by the Republic of Iraq in the United States. 


A certified translation of the Jordanian export document, made by an obscure copy shop and dated 12 October 1992, four years after the Arabic document was issued states as follows:

The Hashemite Kingdom of Jordan
Ministry of Culture & Natural Heritage
Department of Antiquities
Amman- Jordan

No. 12/1/2034
Date: 19/9/1988

Mr. Ghassan Tameem Al Rihani
An ex-authorized Antiquity Merchant
P.O. Box 9763
Amman/Jordan

I would like to inform you about the approval of the Public Department of Antiquities to transfer the ownership of 2000 (Two thousand) various pottery utensils and 50 (fifty) various stone pieces as shown in the attached pictures, to your daughter May Ghassan Rihani currently residing in London and hereby giving you an exit permit to take them out of the country. 
Truly Yours

Director General
Public Department of Antiquities.

In a previous UK inquiry, when questioned about the legitimacy of a grouping of his incantation bowls loaned to UCL in London, Schøyen noted that he had not kept any of the importation papers or a series of poor quality photos associated with his sales purchase.  This “plausible denial” is a technique ARCA frequently records with regularity among dealers and or collectors of ancient art without substantiative legitimate provenance.  The individual in question affirms that they had the documentation or they saw the documentation at one time in the past, but in the subsequent years, said documents, were they to be export licenses, bills of sale, ownership letters or shipping documents failed to be retained with the object in question. 

In the transcript of an Al Jazeera documentary,  Iraqi authorities, via a confidential informant, believe Al Rihani received Iraqi artefacts smuggled out of North Iraq sometime around 1991, shipped through intermediaries from Amman Airport to Al Rihani in London.

Exhibit MS 2340 - The Schoyen collection. This cuneiform tablet is the oldest Sumerian record of musical writing and dates to 2600 BCE. 
The tablet is the description of 23 types of harps

Due to the broad wording of the original 1988 invoice, Ghassan Al Rihani may have simply reused the export document repeatedly, to substantiate additional illicit material in circulation in London and elsewhere.  Hundreds of artefacts that passed through this family's hands were then purchased by Martin Schøyen directly, some of which have been sold onward and were not retained by Schøyen in the long term. 

For those that want to learn more about the controversies of this collection, I suggest reading scholars Christopher Prescott and Josephine Munch Rasmussen 2020 article ‘Exploring the “Cozy Cabal of Academics, Dealers and Collectors.”  Another excellent reference is the Biography of P.Oxy. 15.1780 by Roberta Mazza of the University of Manchester from Volume 52 of the Bulletin of the American Society of Papyrologists. 

In the meanwhile, one might want to look more cautiously at the provenance of eighty pieces Schøyen consigned to Bloomsbury Auctions for their July 2020 auction "The History of Western Script: A Selection from The Schøyen Collection" and to two earlier sales including the 60 manuscripts, among them papyri sold via Sotheby's Western Manuscripts S/O auction on 10 July 2012, & Christie's, The History of Western Script: Important Antiquities and Manuscripts from the Schøyen Collection, auction on 10 July 2019.

By:  Lynda Albertson

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Al-Dustour, Mahmoud Krishan. 2017. ‘تجار التحف الشرقية يلوحون بإغلاق متاجرهم’., 23 October 2017. https://www.addustour.com/articles/980442?s=0df1c0136afbefb74a385ea7f4d4f464.

Balter, Michael. 2007a. ‘University Suppresses Report on Provenance of Iraqi Antiquities’. Science 318 (5850): 554–55. https://doi.org/10.1126/science.318.5850.554.

———. 2007b. ‘University Suppresses Report on Provenance of Iraqi Antiquities’. SAFE/Saving Antiquities for Everyone (blog). 4 November 2007. http://savingantiquities.org/university-suppresses-report-on-provenance-of-iraqi-antiquities/.

George, Andrew R. 2007. ‘The civilizing of Ea-Enkidu : an unusual tablet of the Babylonian Gilgameš epic’. Revue d’assyriologie et d’archeologie orientale Vol. 101 (1): 59–80.

George, Andrew R., and Miguel Civil. 2011. Cuneiform Royal Inscriptions and Related Texts in the Schøyen Collection. Cornell University Studies in Assyriology and Sumerology, v. 17. Bethesda, Md: CDL Press.

Hall, Richard. 2019. ‘Inside the Hunt for Iraq’s Looted Treasures’. The Independent. 10 July 2019. https://www.independent.co.uk/news/world/middle-east/iraq-archaeology-museum-antiquities-looting-a8996676.html.

Helle, Birk Tjeldflaat. ‘Norsk Mangemillionær Nekter å Gi Oldtidsskatter Til Irak’. www.dn.no, 28 October 2019. https://www.dn.no/kultur/martin-schoyen/irak/kunst/norsk-mangemillionar-nekter-a-gi-oldtidsskatter-til-irak/2-1-693930.

Henze, Matthias, ed. 2011. Hazon Gabriel: New Readings of the Gabriel Revelation. Society of Biblical Literature. Early Judaism and Its Literature, no. 29. Atlanta: Society of Biblical Literature.

Klawans, Jonathan. 2019. Heresy, Forgery, Novelty: Condemning, Denying, and Asserting Innovation in Ancient Judaism. New York: Oxford University Press.

Mazza, Roberta. ‘Papyri, Ethics, and Economics: A Biography of P.Oxy. 15.1780 (P 39)’. The Bulletin of the American Society of Papyrologists 52 (2015): 113–42.

Mellgren, Doug. 2002. ‘Manuscript Collector Thrills to Discoveries’. Los Angeles Times, 22 September 2002. https://www.latimes.com/archives/la-xpm-2002-sep-22-adfg-collect-story.html.

‘Newman Numismatic Portal at Washington University in St. Louis | Comprehensive Research & Reference for U.S. Coinage’. n.d. Accessed 23 May 2020a. https://nnp.wustl.edu/library/advancedsearch?page=2&fullsearchterm=Kovacs.

‘Newman Numismatic Portal at Washington University in St. Louis | Comprehensive Research & Reference for U.S. Coinage’. ———. n.d. Accessed 23 May 2020b. https://nnp.wustl.edu/library/advancedsearch?page=2&fullsearchterm=Kovacs.

Morgenbladet. ‘Økokrim med stor aksjon mot norsk samler’. Accessed 3 September 2021. https://www.morgenbladet.no/kultur/2021/09/03/okokrim-med-stor-aksjon-mot-norsk-samler/.

Prescott, Christopher, and Josephine Munch Rasmussen. 2020. ‘Exploring the “Cozy Cabal of Academics, Dealers and Collectors” through the Schøyen Collection’. Heritage, Special Issue: Art and Antiquities Crime, 2020 (February): 68–97.

Rutz, Matthew, and Morag M. Kersel, eds. 2014. Archaeologies of Text: Archaeology, Technology and Ethics. Joukowsky Institute Publication 6. Oxford: Oxbow Books.

‘The Schoyen Collection’. n.d. The Schoyen Collection. Accessed 25 May 2020. https://www.schoyencollection.com.

Thrope, Samuel. ‘What Should Be Done with the Magic Bowls of Jewish Babylonia?’ Aeon Essays, 24 May 2016. https://aeon.co/essays/what-should-be-done-with-the-magic-bowls-of-jewish-babylonia.

jouserjo. n.d. ‘خبير الآثار الأردني تميم الريحاني ل”جلنار”: والدي كان أهم خبير آثار في العالم وشهاداته معتمدة في أمريكا وبريطانيا وسويسرا | | جلنار الإخباري’. Accessed 26 May 2020. http://www.jlnarj.com/?p=14272.

https://www.youtube.com/watch?v=_v2a6ec-eM0

https://www.youtube.com/watch?v=bInrjYazaLo

May 26, 2021

Theft to Restitution: a timeline of two 9th and 10th century architectural lintels returning to the Thai people after 50 long years

Tatum King, Special Agent in Charge, Homeland Security Investigations with Mungkorn Pratoomkaew, Consul-General of Thailand

While everyone is celebrating the long-overdue restitution to Thailand of the two stolen Khmer lintels, ARCA thought a bit of context might add some additional points to ponder when taking in the carefully-worded, announcements of cultural diplomacy and restitution.

Starting with this work in progress chronology:

25 October 1926
During the reign of King Rama VII, the first law on the export of antiques and objects of art in the country of Siam comes into force. 

The preamble to this law states that in advanced countries the government has the responsibility to conserve antiques and objects of art for the benefit and education of the people. 

This law defined terms for antiques and objects of art, as follows:

Antique, referred to any ancient moveable article, whether originating in Siam or elsewhere, which has value for knowledge or for studying the chronicles and archaeology.

Object of Art referred to a rare article created by craftsmen of special skill.

The Siam Act banned the export of antiques and objects of art without permission from the Royal Institute, and imposed penalties of imprisonment of up to three months, or a fine up to 3,000 baht, or both to violaters.  The Act also set out procedures for applying for permission to export, including presenting the article for inspection, and authorising the search of vehicles, and empowering the court to seize suspect objects without compensation.

23-24 June 1932
A bloodless coup d'état takes place in Siam in a rebellion led by Pridi Phanomyong and Colonel Plaek Phibunsongkhram (Pibul Sonngram) against King Prajadhipok's government.  This event transforms the country's absolute monarchy into a new constitutional monarchy.

30 June 1932 - 20 June 1933 
Phraya Manopakorn serves briefly as prime minister until he is deposed in a subsequent military coup. 

3 April 1933
King Rama VII suspends the constitution and establishes a Council of State.

20-21 June 1933
Three months later, Colonel Phraya Phahon Phonphayuhasena leads a successful rebellion against the Council of State and is appointed as Prime Minister.

1934 written, 1935 comes into force
The country of Siam enacts its first somewhat comprehensive Act on Ancient Monuments, Objects of Art, Antiques and National Museums, which will come into force in 1935.

This act introduces new definitions of antique, ancient monument, object of art, and museum and commands the director-general of the FAD to draw up a registry of ancient monuments, including Buddhist wat (temples) and other religious buildings, both those that have existing owners and those that are ownerless. The heritage act further requires that the director-general has to inform owners in writing of the requirements for registration and if the owner objects to said registration, the matter is to be taken up and adjudicated by a minister. 

Once a monument was entered on the register, it could not be transferred, repaired, modified, altered, or destroyed without written permission from the director-general, and then within conditions imposed by the director-general.  The Act further prohibited the removal of property from Siam that is culturally and/or historically significant except under limited circumstances. 

2 March 1935
King Rama VII abdicates in favour of his nephew, Prince Ananda Mahidol.

24 June 1939
The country of Siam, called Mueang Thai by its citizens, is officially renamed Thailand according to the decision of Field Marshal PlaekPhibunsongkhram, the Prime Minister of Thailand during the Pacific War.

1943
An amending heritage Act is passed by Thailand which removes the requirement for the director-general to gain approval from the minister for the movement of objects between national museums, for disbursements from the central fund, and for the payment of rewards. 

1946 to 1948
Thailand is renamed Siam again for a brief period of two years, after which it again reverted to "Thailand".

1958
The Society for Asian Art is incorporated as an independent 501(c)(3) nonprofit founded by a group of individuals dedicated to winning Chicago industrialist, Avery Brundage's art collection for the city of San Francisco.

Among the early organizers active in courting Brundage in hopes that he will donate his extensive art collection to San Francisco are Elizabeth Hay Bechtel, Jane Smyth Brown, Katharine Caldwell, Dorothy Erskine, Gwin Follis, Martha Gerbode, Edwin Grabhorn, Alice Kent, Kitty and Charles Page, Marjorie Bissinger Seller, Mrs. Ferdinand Smith, Wallace B. Smith, Marjorie Stern, and Joe Yuey.  

1959
After considering a number of other major cities, including Chicago, the donor's hometown,  Avery Brundage agrees to donate 7,700 Asian artworks to the city of San Francisco on the condition that the California city builds a museum to house the artefacts and agrees to details outlined in the draft contractual agreement.   Once executed, Brundage's donation ultimately forms the primary core of the collection eventually held by the proposed San Francisco museum.


1960-1961
Black and white photo documentation from a site survey by Manit Wallipodom conducted sometime between 1960 and 1961 shows that a lintel, dating from 1000-1080 CE depicting Yama, the deity of the underworld, remains in situ at Prasat Nong Hong, a Khmer sanctuary in Buriram Province, Thailand which dates to the 16th Buddhist century, and is comprised of three brick pagodas built on the same laterite base and surrounded by a laterite wall with a moat.

1961
The 1961 Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504 comes into force in Thailand deeming cultural objects such as temple lintels, state property.  This law specifically forbids the unlicensed export of archaeological artefacts from registered archaeological sites.

An amendment of Clause 24 extends coverage to, “Antiques or objects of art buried in, concealed or abandoned within the Kingdom or the Exclusive Economic Zone,” where the Exclusive Economic Zone includes the territorial waters of Thailand.

Date Unknown, possibly on/around 2508 Thai (1965) 
The architectural lintel depicting Yama, the deity of the underworld, spanning a doorway at Prasat Nong Hong in Buriram Province is looted.

Date Unknown
The architectural lintel depicting Yama, the deity of the underworld, which once spanned a doorway at Prasat Nong Hong in Buriram Province is illegally exported out of Thailand without the benefit of an export license.

1966
The lintel depicting Yama, the deity of the underworld, from Prasat Nong Hong in Buriram Province is purchased by Avery Brundage in London, UK.  In the Verified Complaint for Civil Forfeiture In Rem, filed in the US Courts in the Northern District of California - San Francisco Division, the name of this auction house/gallery is not revealed and is cited simply as "Gallery 1."

Subsequent to its purchase in the UK, the architectural lintel depicting Yama, the deity of the underworld from Prasat Nong Hong in Buriram Province is imported into the United States in violation of Thai law, and as such constitutes stolen, smuggled, and/or clandestinely imported or introduced merchandise pursuant to Title 19, United States Code, Section 1595a(c)(1)(A).

August 1966
Scholar Michael Sullivan estimates that the Avery Brundage's private collection includes at least 5,000 objects, of which three-fifths are Chinese, 500 are Japanese, 300 are Korean, and the remaining being from the Indian subcontinent and south-east Asia.  

Later in 1966
After its import, the lintel depicting Yama, the deity of the underworld from Prasat Nong Hong also joins the promised collection to be gifted by Avery Brundage to the future Asian Art Museum of San Francisco.

"With respect to the lintel depicting Yama, the deity of the underworld from Prasat Nong Hong, the Asian Art Museum of San Francisco had several letters documenting exchanges between Brundage and representatives of "Gallery 1" concerning the purchase of art.  Among other things, one of the representatives of "Gallery 1" and Brundage exchanged letters concerning the potential that at least one lintel that Brundage had purchased had been stolen from Thailand and that another artefact had been taken out of Thailand illegally. 

These records also included archaeological surveys from Thailand, indicating that the lintel depicting Yama, the deity of the underworld had been removed from Prasat Nong Hong temple. These communications concretise that the museum's donor was at least peripherally aware that at least a portion of his collection had been illegally exported from Thailand and that the museum itself had records that concretised the suspect nature of the artefact. 

1967
Photo documentation from a survey done by M. C. Subhadradis Diskul shows that a lintel, depicting a deity or devata sitting over a Kala face that is disgorging garland, dating from 975-1025 CE, remains in situ at Prasat Khao Lon, a brick temple in Khmer architectural style, built approximately in the early 11th century, located in Charoensuk Village, Taprach sub-district, Tapraya district, Sakaeo province.

Date Unknown
The architectural lintel depicting a deity or devata sitting over a Kala face that is disgorging garland spanning a doorway at Prasat Khao Lon in Sakaeo province is looted.

Date Unknown
The architectural lintel depicting a deity or devata sitting over a Kala face that is disgorging garland, which once spanned a doorway at Prasat Khao Lon in Sakaeo province, is illegally exported out of Thailand without the benefit of an export license.

Between 1968 and 1969
Negotiations are underway with Avery Brundage regarding the city of San Francisco receiving the second part of his collection.   Talks are started at the end of John Francis "Jack" Shelley's tenure as the city's mayor and continue through Mayor-elect Joseph L. Alioto who began the first of his two terms of office in 1968. 

In furtherance of this goal, Mayor Alioto and the Board of Supervisors draft a municipal ordinance that will formally establish the museum, then called the Center for Asian Art and Culture.  This independent municipal entity is to be governed by the Asian Art Commission. In addition, the Asian Art Museum Foundation is created to function as the institution's principal fundraiser. 

Once registered, the new museum is initially opened as a wing of the  M. H. de Young Memorial Museum in Golden Gate Park.

1968
The lintel depicting a deity or devata sitting over a Kala face that is disgorging garland is purchased by the Asian Art Museum from a Paris gallery with the advice of Avery Brundage.

Subsequent to its purchase the architectural lintel depicting a deity or devata sitting over a Kala face that is disgorging garland is imported into the United States in violation of Thai Law, and constitutes stolen, smuggled, and/or clandestinely imported or introduced merchandise pursuant to Title 19, United States Code, Section 1595a(c)(1)(A).

1968
The lintel depicting a deity or devata sitting over a Kala face that is disgorging garland is accessioned into the collection of the Asian Art Museum of San Francisco. 

According to the Verified Complaint for Civil Forfeiture In Rem, filed in the Northern District of California - San Francisco Division, letters between Avery Brundage and representatives of an again unnamed gallery, cited simply as "Gallery 2" concerning the lintel depicting a deity or devata sitting over a Kala face that is disgorging garland indicate that a Thai lintel in Brundage's possession has been reported as stolen by the Thai government and the Thai government had asked Avery Brundage to return said lintel. Avery Brundage subsequently seeks the advice of a representative of "Gallery 2" regarding the situation. 

The records included a copy of an article published in the Bangkok Post which describes the lintel depicting a deity or devata sitting over a Kala face that is disgorging garland as being present in the United States and indicated that, according to the leader of a Thai archaeological conservation group, Thai officials want to recover the lintel as it had been improperly looted from Thailand. 

1973 
The Center for Asian Art and Culture is rebranded as the Asian Art Museum of San Francisco

June 1973
Avery Brundage marries Princess Mariann Charlotte Katharina Stefanie von Reuss, daughter of Heinrich XXXVII, Prince of Reuss-Köstritz.  She is 37 years old.  He is 85. 

8 May 1975
Avery Brundage dies. 

3 March 1977
According to the Royal Gazette no 52, The Fine Art Department announces that Prasat Nong Hong has been listed as a national historic site.

1987
San Francisco mayor Dianne Feinstein proposes a plan to revitalize Civic Center which includes relocating the Asian Art Museum of San Francisco, which has outgrown its Golden Gate Park location, to the stately beaux-arts library building designed in 1917 by architect George Kelham.

1988
San Francisco’s Main Library is slated to move to a new facility and the city begins to redesign the 1917 library facilities into its new state-of-the-art home for the Asian Art Museum of San Francisco collection. 

16 July 1989
According to the Royal Gazette no 106, chapter 112, The Fine Art Department announced that Prasat Khao Lon has also been listed as a national historic site.

2003
Renovations orchestrated by Italian architect Gae Aulenti are complete on the former San Francisco library and the Asian Art Museum of San Francisco moves into its newly designed 163,000 square-foot museum space located at Civic Center Plaza.  It is now the largest institution of exclusively Asian arts in the United States.

By 2010
Of the approximate18,000 objects held by the Asian Art Museum of San Francisco, approximately 40% are derived from donations made by the museum's founding collector Avery Brundage.


Late July 2012
Activists with the Asians Art Museum's Samurai Blog create edible tortilla art which features a graphic representation of Avery Brundage as a severed Buddha head.  They distribute these food treats to museum-goers at the Asian Art Museum of San Francisco along with a highly critical flyer about the founding donor's collecting ethics surrounding his acquisitions and his subsequent donations to the museum. 


At this point, the San Francisco museum's administration should have no doubt, that not just art historians, but members of the local Asian community in San Francisco have begun to have concerns regarding the acquisition practices of the museum's founding donor as well as the ethical responsibility of the museum to address the city taxpayers' concerns. 



2 August 2016
The Facebook Group สำนึก ๓๐๐ องค์ publishes its own concerns regarding Avery Brundage's acquisitions.  Activists post photos of the architectural lintel depicting  Yama, the deity of the underworld from Prasat Nong Hong on their group's Facebook page which is dedicated to identifying looted Thai heritage. The series of photos depict the temple, with the lintel in situ prior to its theft.  The social media post further records that the artefact is on display at the Asian Art Museum in San Francisco.  

NB, This Civil Society Organization will go on to raise awareness and identify a series of suspect Thai sculptures and architectural artefacts in various museums around the globe.

August 2016
A Peace Corps member based in Thailand emails the Asian Art Museum in San Francisco imploring the museum to return the lintel depicting  Yama, the deity of the underworld from Prasat Nong Hong to the local community. 

on/around 24 September 2016
The Consul General of the Royal Thai Consulate General in Los Angeles, California visits the Asian Art Museum of San Francisco and observes both looted lintels on prominent display in the museum. 

Subsequently, the Royal Thai Consulate General speaks with the lead curator of the museum and expresses his desire for these two artefacts to be returned to their country of origin. 

The museum, however, made no further communication with the consul general or any Thai official until nudged into action by the formal US federal investigation. 

31 May 2017
The Thai Minister of Culture meets with the Chargé d'affaires at the United States Embassy in Bangkok, Thailand along with a Special Agent from Homeland Security Investigations.  During this meeting, the Thai Minister informs the Chargé that Thai officials had reviewed the evidence regarding the architectural lintel depicting Yama, the deity of the underworld illegally removed from Prasat Nong Hong and the lintel depicting a deity or devata sitting over a Kala face that is disgorging garland, illegally removed from Prasat Khao Lon, both of which are held at the Asian Art Museum of San Francisco.  After their review, the Thai authorities conclude that the artefacts have been illegally exported from the country while both architectural elements were protected under the laws in place in Siam/Thailand since 1935. 

In making their case for the objects' return, the Fine Arts Department of Thailand had commissioned two archaeological surveys outlining the provenance of the lintels. One survey placed the lintel depicting Yama, the deity of the underworld at the Prasat Nong Hong Temple in Non Din Daeng District, Buriram Province, Thailand in place at least until, at least up until 1959. 

Subsequent archaeological photos record the lintel in situ until the survey season of 1960/61. 

The second archaeological survey placed the lintel depicting a deity or devata sitting over a Kala face that is disgorging garland at the Prasat Khao Lon Temple, Ta Phraya District, Sa Kaeo Province where the object was photographed in situ as late as 1967.

13 June 2017
Thailand forms a restitution committee with the established mission of reclaiming Thailand’s plundered historical artefacts from foreign nations. 

2017
The US Government informally brings the issue of the plundered architectural lintel depicting Yama, the deity of the underworld illegally removed from Prasat Nong Hong and the plundered lintel depicting a deity or devata sitting over a Kala face that is disgorging garland to the attention of the Asian Art Museum of San Francisco informing them of the rights of the Thai government as a potential claimant to the artefacts.  Subsequent to this meeting, both artefacts are removed from public view but no statements are forthcoming from the museum's management regarding any decision to voluntary restitute the stolen artefacts.

November 2017
The US Homeland Security Investigation (HSI) sends Thailand photos of 69 ancient artefacts for examination and verification as possibly suspect as having been illegally brought into the US.

According to the Ministry of Foreign Affairs in Thailand,  HSI sent the photos to the Thai Consulate in Los Angeles and requested the Thai authorities to examine and verify if they were from Thailand.

October/November 2018 
Following a one-year investigation by a ministerial committee, assisted by experts from the National Museum in Bangkok, the Kingdom of Thailand’s culture minister announces the Thai government’s demand for the return of 23 antiquities, including the two lintels at the Asian Art Museum in San Francisco, as well as other objects in the Norton Simon Museum in Pasadena, and New York’s Metropolitan Museum of Art all parts of collections since the late 1960s.

January 2020
Another two years go by and the US. attorney's office in the Northern District of California sends the Asian Art Museum of San Francisco a list of national archaeology sites that were appended to Thailand’s 1935 law.   Listed among the sites are the two temples where the two contested lintels in the museum's collection come from.

June 2020
Facing increasing criticism surrounding Avery Brundage's well-documented antisemitic, racist, and sexist views, pervasive throughout his career, as well as questions around restitution, Dr. Jay Xu, director of the Asian Art Museum of San Francisco, advises the press that the museum plans to eventually move Avery Brundage's commemorative bronze bust, created by artist Jean Sprenger and on display in the museum's lobby, to “a discreet space” where the public can learn about museum's donor and “where the core of our collection came from.” 

Xu also indicates that the museum will hold public programs to critically examine Brundage and his legacy, “as well as questions around provenance and restitution.”

July 2020
The Asian Art Museum of San Francisco is formally notified that the U.S. attorney’s office is planning civil litigation to ensure the return of the plundered architectural lintel depicting Yama, the deity of the underworld illegally removed from Prasat Nong Hong and the plundered lintel depicting a deity or devata sitting over a Kala face that is disgorging garland from Prasat Khao Lon.


6 July 2020
The Asian Art Museum of San Francisco places a white box over Avery Brundage's commemorative bronze bust.

on/around 13 July 2020

August 2020
The Bangkok Post reports that according to the Thai Department of Fine Arts (DFA), the lintel depicting Yama, the deity of the underworld from Prasat Nong Hong and the lintel, depicting a deity or devata sitting over a Kala face that is disgorging garland from Prasat Khao Lon in the collection of the Asian Art Museum of San Francisco are predicted to be returned to Thailand in March 2021.

24 August 2020
The Thai Public Broadcasting Service  (องค์การกระจายเสียงและแพร่ภาพสาธารณะแห่งประเทศไทย produces a documentary (in Thai) outlining the facts surrounding the stories of the contested lintels removed from Thailand.


22 September 2020
The Asian Art Museum of San Francisco releases a statement saying that the museum's board is noted to have begun the deaccession process for the lintel depicting Yama, the deity of the underworld from Prasat Nong Hong and the lintel, depicting a deity or devata sitting over a Kala face that is disgorging garland from Prasat Khao Lon.  Note that this decision only seems to have moved forward four years after attention was drawn to their suspect status.


In its press release, the museum further stated:
"The museum’s study found no evidence that these lintels were removed from their sites contrary to the laws of Thailand, but the museum was also unable to locate copies of the export documents that the laws of that time required. With this information in hand, the museum felt it was appropriate to begin the process of deaccessioning the artworks from the collection and to move forward with returning them to the Thai authorities."

8 October 2020
Ahead of the upcoming civil filing, lawyers from the Asian Art Museum of San Francisco sends a letter to the U.S. attorney’s office, indicating the museum's surprise over the government's plan for legal action and that the museum had previously stated that it “would prefer to return the lintels without litigation.”  

In filing the complaint with the court, under Title 19, United States Code, Section 1595a(c)(1)(A) and Title 28, United States Code, Sections 1345 and 1355 it is believed that the lintels constitute merchandise that has been introduced into the United States contrary to law, as the property was stolen, smuggled, and/or clandestinely imported or introduced into the United States. 

30 October 2020 
Speaking with regards to the formal complaint in an Art Newspaper article, Robert Mintz, deputy director for art and programs at the San Francisco Asian Art Museum,  contends that the process for repatriating both lintels was already underway prior to the civil complaint.  Mintz tells the newspaper that “Deaccessioning requires two votes, separated by six months’ time,” indicating that this was the reason for the museum's apparently sluggish March 2021 date for potential restitution.   

Mintz doesn't seem to recollect that the museum was first informally notified by the US authorities of the problems with these Thai artefacts in 2017, and after having been queried by the Royal Thai Consulate General in 2016. Time enough to have allowed the board to meet a minimum of six times to address the deaccession of these problematic pieces prior to the filing of the US Federal Complaint.

10 February 2021
The United States and the City and County of San Francisco enter into a settlement agreement signed by U.S. District Court Magistrate Donna M. Ryu, in which San Francisco consents to the forfeiture to the United States of the Lintel with Yama, the deity of the underworld, 1000-1080 (Lintel 1) and the Lintel, 975-1025. Northeastern Thailand, Khao Lon Temple, Sa Kaeo province (Lintel 2).

Upon the completion of the San Francisco Asian Art Museum’s deaccessioning process for the Thai lentils in March 2021, their repatriation to Thailand should move forward.

The Thai lintels, according to the agreement, will be returned to Thailand through the U.S. Department of Justice’s victim remission program. Upon their return, the lintels will be placed on exhibition for the religious and cultural appreciation of the people of Thailand.   


25 May 2021
The Thai lintels depicting Yama, the deity of the underworld from Prasat Nong Hong and the lintel, depicting a deity or devata sitting over a Kala face that is disgorging garland from Prasat Khao Lon are handed over to Thai authorities in Los Angeles during a formal handover ceremony attend by Mungkorn Pratoomkaew,  Consul-General of Thailand and carried out by Tatum King, Special Agent in Charge of Homeland Security Investigations in San Francisco.

In an interview with the Star Tribune David Keller, the Homeland Security Investigations Special Agent who oversaw this case over the last four years said that officials believe that European dealers illegally exported the lintels out of Thailand.

28 May 2021 (Thai 2564)
The two Thai lintels are expected to fly back home via Korean Air and to arrive at Suvarnabhumi Airport in Bangkok, Thailand on Friday evening local time.  Once back on Thai soil, they will be received by officials from the Fine Arts Department and then put on public display at the National Museum until July.

April 21, 2021

Restitution announcements sometimes don't (or can't) tell the whole story

Yesterday ARTnews broke a restitution story that a looted sculpture was in the process of being sent back home to Nepal, thanks to the help of the Art Institute of Chicago. The artefact, en route to Kathmandu, was referred to as a caturmukha linga, also sometimes called a Shivalinga or a Mukhalingam.  Yet despite its differing names, these votary linga represent the Hindu god Shiva.  In this instance, the object in question has four faces, each pointing toward a cardinal direction, evoking different aspects of the sacred deity.

According to the article's author, Alex Greenberger, Senior Editor at ARTnews, the museum declined to name the collector identified as the holder of the artwork. One of the oldest and largest art museums in the United States, the Art Institute of Chicago said only that the antiquity in question "had never been accessioned" into their collection.

The Illinois museum also did not provide clarification on the artefact's collection history or elaborate further on how they knew the idol was stolen, or when, or from where, the Shivalinga had been removed.  All this empty space surrounding a restitution is indicative of formal or informal confidentiality agreements and sometimes these are the only means of ensuring a collector, or his or her heir(s), agree to relinquish an artefact voluntarily.

Underscoring this, an email, from the embassy of the Federal Democratic Republic of Nepal had only limited details and cited that an “agreement” had been reached between the object's holder and the embassy for the caturmukha linga's voluntarily surrender.

But to answer the question on every provenance researcher's mind, I've outlined what we have been able to determine, prefacing it that all this information is available in open-source records available to the public if you are willing to dig a bit deeper.

Last December Nepal's news service Kantipur Daily issued an article discussing an artefact from Nepal in the custody of the US Federal Bureau of Investigation. That artefact was described as a four-faced Shivalinga of the Lichchhavi era (approximately 400 to 750 CE).  The sculpture was said to have previously been in the Christie's Collection in London until 1997 when it was purchased at some point by a private individual and ultimately taken to the United States.   Sometime after that, the Shivalinga was presented to the Art Institute of Chicago, apparently as part of the Alsdorf Collection.

Image Credit: POLYMath Design
Businessman and investor James W. Alsdorf, who died in 1990 at 76 years of age, was one of Chicago's top art collectors, as well as chairman of the board of the Art Institute of Chicago from 1975 to 1978. His wife, Marilynn Bruder Alsdorf, an art collector in her own right, died in 2019. The couple is survived by a daughter and two sons as well as numerous grandchildren.  

Over the years the Alsdorf donations significantly enriched the collections of North American Museums, including the Art Institute of Chicago.  Their collection, before it was broken up, donated, or sold, was an example of cross-category collecting and encompassed antiquities, works on paper, European and Latin American art, and Indian and Southeast Asian and Asian art as well as paintings by Frida Kahlo, René Magritte, Joan Miró among others.  Yet some of the objects the ancient art they collected have raised some questions as to whether or not the Alsdorfs conducted sufficient due diligence before purchasing pieces for their collection.

As a testament to their relationship with The Art Institute of Chicago, the Alsdorf's generosity made possible a Renzo Piano-designed renovation to the institution's Alsdorf Galleries for Indian, Himalayan and Southeast Asian Art.  It is here where a considerable portion (approximately 400 objects) of the Alsdorf Collection is now viewable.

Outside Illinois,  the couple's sway in the art and political world was no less influential.  Mr. Aldsorf was appointed to the U.S. Information Agency's Cultural Affairs Committee, first by President Ronald Reagan and later by President George H. W. Bush.  But back to our stolen artefact.


In July 1984, the mūrti in question disappeared from the southeast corner outside the Panch Deval, part of the sacred Hindu Pashupatinath Temple Complex on the western bank of Bagmati River which runs through the Kathmandu Valley.  A photograph of the caturmukha linga, noting the period of its theft, is depicted intact on page 117 of Lain Singh Bangdel's book, Stolen Images of Nepal, published in 1989.   The previous height of the four-faced artefact was 28 inches, unfortunately, those who stole it saw fit to hacked it in two, leaving only the upper 16 inches preserved. 

The Pashupatinath Temple Complex

How this sacred mūrti was smuggled out of the country and into London remains an unanswered (or unpublicised) question. As does what import documentation accompanied the mūrti after its purchase in the United Kingdom and upon entering the United States. 

What is clear, is that Nepal's gods, often leave the country by brutal means, ripped away or sawed into transportable sized hunks, only to be orinamentalised in the homes of private collectors.  This time it took almost 27 years to right a past wrong.  But at least this one 1271+-year-old beloved object is, at last, going home. 

If you would like to follow the identifications of Nepal sacred objects in circulation, please follow the Nepal Pride Project on Twitter or Lost Arts of Nepal on Facebook


January 31, 2021

Sometimes restitution is a little like putting lipstick on a pig

Left: Steve Green and the Controversial Coptic Galatians fragment
first offered on eBay in 2012 by Yakup Ekşioğlu.
Right: Douglas Latchford and the two plinths with the broken feet of ancient sandstone statues looted from the Prasat Chen temple complex in Koh Ker

Last week we have seen two eye-popping notices of "voluntary" restitution of  ancient artefacts and papyri framents believed to have been plundered from their respective countries of origin.

In one instance, an article by Tom Mashberg, written for the New York Times on January 29th reported that Julia Ellen Latchford Copleston a/k/a Nawapan Kriangsak, has agreed to relinquish a total of 125 artefacts to Cambodia which had been acquired by her father, controversial antiquities dealer Douglas A.J. Latchford, a/k/a “Pakpong Kriangsak.”  Prior to his death, Latchford's handling of suspect material from Cambodia, Thailand and India resulted in the US government filing a 26-page indictment via the Department of Justice's U.S. Attorney’s Office for the Southern District of New York on 27 November 2019.  This case, unfortunately, concluded in advance of any possible legal ruling against the Thailand-based dealer, who died on 2 August 2020 before the bulk of the evidence gathered in the federal case against him could be heard in court. 

The second announcement, delivered two days earlier by Steve Green, Chairman of the Museum of the Bible, was more discreetly posted on the museum's website and highlighted the return of a number of questionable acquisitions which have been discussed with some regularity on  ARCA's blog as well as in greater detail on Faces & Voices, a specialist blog by Papyrologist and ancient historian Roberta Mazza.  Mazza has more articles about the Green's acquisitions than I can link to, so I recommend our readership take some time exploring them all but perhaps starting here with one where she questions (again) the ever-changing provenance story surrounding the P.Sapph.Obbink fragment purportedly sold through a private sale treaty by Christie’s.  

In Green's press announcement, he states that as of 7 January 2021, the Washington DC-based museum had transferred control of the fine art storage facility that housed the 5,000 Egyptian items to the U.S. government as part of "a voluntary administrative process."   Unfortunately, the philanthropic founder of the museum has said very little about whether or not his museum will be more forthcoming about exactly whom the museum paid when purchasing the 8,106 clay objects with suspect or no provenance from the Republic of Iraq or the approximately 5,000 papyri fragments and accompanying mummy cartonnage which also came with suspect or no provenance from the Arab Republic of Egypt.  All we know is that these objects are now, finally, going home.  And while that is a great success for the countries they were taken from, it tells us practically nil about the men who engaged in their sale and profited from these same countries' exploitation.  

At the end of their announcement, the Museum of the Bible's Chairman stated that going forward they would continue to look for ways to "partner with The Iraq Museum, The Coptic Museum, and other institutions, to provide assistance with preserving and celebrating the rich cultural histories of those countries and many others."  I truly doubt, given the circumstances, that the Egyptian government will be taking Mr. Green up on this proposal. 

Museum of the Bible Press Release
Screenshot Date:27 January 2021

And so the litigation in these matters, at least as it relates to Iraq and Egypt, appear to be drawing to a close.  

With the flourish of pens in the plump fingers of lawyers, these carefully-timed, and responsibility-for-wrong-doing-absent restitutions by members of the wealthy Houses of Latchford and Green are released to the public without the impediment of contradiction.   Sanitised proclamations which imply good deeds done under trying circumstances, but which impart little about the actual motivations of their delayed generosity.  

Most of us, who have been closely following these events can speculate as to the pressure points behind the disputants' seemingly magnanimous handovers and come away with our own conclusions, but our speculation will never give us their complete stories.  It is reasonable to assume that these individuals, and/or their museum, were motivated, in whole or in part, by a desire to put an end to a publically embarrassing chapter to their respective family's cultural heritage acquisition histories, but their decisions should not be read as merely repentant.  

In relinquishing these artefacts to Cambodia, Egypt and Iraq, the Latchfords and Greens seek to mitigate the damages, financial and reputational, that these scandals have caused them.  And with that in mind, their decisions can not simply be seen in a vacuum of attempting to right past wrongs. They are assuredly more strategic than what is within the purview of the public domain. 

Seen through this narrow lens, these very public announcements of voluntary restitution, published in newspapers with large readership or on museum's websites, serve only to cosmetically cover, not correct, the public blemishes their respective criminal investigations have brought to light over the last ten years.  Actions which, when explored more deeply, can be seen as not only embarrassing, or ethically negligent, but potentially criminal, brought about by the direct involvement of staff and family members who should have, or definitely did know, better.  

Despite these joyous restitutions, we cannot ascertain what catalyst, in each of these drawn-out processes of ensuring restorative justice, brought Mr Green and Ms. Copleston to the restitution table.  Usually, in situations like this, written agreements between the parties make it unlikely that anyone will be at legal liberty to openly discuss the negotiations between the aggrieved parties.  In the MotB case, that includes the unspoken details behind the more than three years of back and forth discussions that the museum itself has admitted took place prior to the culmination of this week's announcement. 

Likewise, by bequeathing his 1,000-year-old Khmer Dynasty collection to his daughter, Douglas Latchford left his offspring with more than just $50 million worth of valuable ancient art.   He left her holding a hand grenade with a pulled pin that she doggedly continued to hold some five months after her father's death.  For no matter how magnanimous Copleston's repatriation gestures to Cambodia may seem in print, her waiting this long to relinquish the sculptures begs its own questions as to motivating factors. 

Why would a lawyer such as herself, who by her own statement in the New York Times defensively admitted that her father "started his collection in a very different era" not have advised her ailing father, who was facing prosecution on his death bed, to clear the family name, if not his own, by simply returning the artefacts to Cambodia himself while he was still living?  Or why,  since Latchford's death, has Copleston, not distanced herself from suspicion by voluntarily doing so immediately after any wills for her father were read?

As regards both of these restitutions I would ask these individuals why, with these grand gestures of reconciliation, did neither party turn over the purchase and sale records for these objects.  Something which would truly make reparations as doing so would allow illicit trafficking researchers and law enforcement investigators to trace and return other pieces of history handled by the individuals responsible for engaging in these two unseemly debacles. 

Instead, like with Green's own statement, we get no real responsibility-taking, only precisely worded announcements with appealing attestations which colour their actions as generous acts of voluntary cultural diplomacy.  This despite the fact that there is so much more they could do, aside from simply cutting their losses by relinquishing material. 

In resignation, I understand that decisions like these, come about as the result of complex cultural arbitration.  And I understand that in such circumstances, the party holding the stronger deck of cards in the dispute, might (still) agree to a more palatable dispute resolution outside the courtroom. One which allows the parties involved to avoid a lengthy, expensive, and in some cases, reputationally damaging legal case, but which also assures an alternatively beneficial outcome for all sides. 

And as much as I want to be privy to these closed conversations, it is important to remind myself that Alternative Dispute Resolutions, known as ADRs in cultural property disputes, often carry with them an adherence to mutually agreed-upon confidentiality regarding the agreements signed off on, even when these types of agreements don't "feel" satisfying to those of us not sitting at the negotiating table. 

As someone who works on the identification of illicit antiquities, I want to see individuals, believed to have behaved criminally, brought to justice.  But I must also understand that these types of quieter negotiations do offer aggrieved parties an opportunity for a speedier and less costly resolution than drawn-out, complex, multi-year litigation which of themselves can be more beneficial to harvest countries such as Egypt and Iraq.   Fighting for restitution in the US court system isn't cheap and the costs can be a financial impediment to some foreign governments who haven't the financial means to represent their interests for years on end, or when the application of legal norms to relevant facts, might fail to deliver any justice at all to them as the aggrieved party. 

Another driving factor to remember in these types of agreements, in contrast to legal proceedings, is that out of court settlements enable the parties involved to, on the surface at least, legally protect their reputations. When cases go to court there is normally a winner and a loser.  And with those court decisions, comes very public case records which can serve to outline, in embarrassing red marker detail, the actions of individuals perceived as culpable, or serve as precedent-setting decisions in future illicit trafficking court cases. 

Lastly, as legislation in the art and cultural heritage field is not fully harmonized, there is always the potential risk that the expensive and protracted court case might not achieve a viable cost-benefit outcome.  Like in legal disputes where the value of the returned artefact is less than the country's legal costs in pursuing the case in foreign courts.  Or, as would have been the case in the Museum of the Bible dispute, or the case against Douglas Latchford, where the sheer number of artefacts being contested, if examined individually and concretised in the court's record, might have resulted in fewer objects going home, or greater exposure of the involved parties to subsequent litigation for their perceived roles in further uncovered, questionable transactions.

So, in the end, I have to accept announcements like those made last week which bring objects home but offer no real retribution against those who behaved badly.  This leaves me, and others who have closely followed these cases, asking:

  • Where are the admissions of fault?  
  • Where are the acknowledgements of harm having been done? 
  • Where are the answers we keep asking as to who sold what, to whom, and when?
I close this overly long rant by saying that when I first learned about these upcoming restitutions and read the press releases, I immediately thought that their announcements reminded me of a rhetorical expression from the 1887 compendium of proverbs called The Salt-Cellars by Charles H. Spurgeon, who once wrote:

“A hog in a silk waistcoat is still a hog.” 

And while I am overjoyed that so many artefacts will finally make their way back to where they rightfully belong, I am in no way fooled that these gestures were magnanimous and selfless, or that in Egypt at least, Ma’at, the goddess of truth and justice, would believe that justice has been well and truly served. 

By:  Lynda Albertson

January 20, 2021

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

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

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

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

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

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

By:  Lynda Albertson


January 5, 2021

Israel's Antiquities Authority's Robbery Prevention Unit take three people into custody for questioning on suspicion of dealing in illicit antiquities.

Image Credit - Yoli Schwartz / Israel Antiquities Authority

Three people, believed to be involved in an illegal antiquities trading network, have been taken into custody as the result of an extensive investigation in Israel.  All three individuals are said to be residents of Gush Dan, the densely populated region surrounding the city of Tel-Aviv and have been under surveillance for suspicion of trafficking, illegal possession of antiquities, as well as possible instances of fraud and money laundering.  Amir Ganor, the director of the Antiquities Authority's Robbery Prevention Unit told Israeli newspapers that this is one of the "most significant operations carried out in the country against illegal trade in antiquities" involving some €2.5 million worth of ancient art. 

During the past several months, the fraud unit in the Tel Aviv district has conducted a joint undercover investigation, in cooperation with the Israel Antiquities Authority and the country's Tax Authority.  Yesterday, in the early morning, law enforcement announced that they had conducted search warrants on the apartments of the three unnamed suspects, in warehouses and at a gallery in Tel Aviv.

Law enforcement officers recovered ancient objects and coins most of which dates from the 3rd century BCE through the 11th century CE.  The objects are believed to have been removed from their context during clandestine excavations throughout the Mediterranean basin and North Africa and include Red-figure and Black-figure attic pottery from Ancient Greece and Italy, as well as jugs, vases, coins from the Seleucid Hellenistic period, jewellery, statues, and figurines.  Officers also recovered decorated sarcophagus lids, painted wooden boxes, and objects created with faience from Egypt. 

Despite their stunning recovery, the Israel Antiquities Authority has stated that their investigation is just now getting started.   The country will be reaching out to art and antiquities enforcement counterparts in other countries to discuss the origins and perhaps movements of the objects before their arrival to Israel. 

Two of the suspects have been listed in open source reports as a 70-year-old gallery owner and his 40-year-old son though other article sources indicate that none of the detainees were licensed traders in ancient art though some of the suspects were in contact with licensed dealers.  The third suspect has been described as being a 40-year-old resident of the city of Holon, located 10 km outside the Tel Aviv metropolis.   

All three men were brought in for questioning at the offices of the fraud unit in the Tel Aviv district.  Carrying out illegal excavations at antiquities sites in Israel without a license constitutes a severe violation of the country's patrimony law.  If convicted as such, culprits can be sentenced to up to five years in prison.