Previously on Monday, 23 July 2018 Matthew Bogdanos, Senior Trial Counsel in the Office of New York County District, through District Attorney Cyrus R. Vance Jr., submitted an Application for Turnover in support of an order pursuant to N.Y. Penal Law §450.10 (Consol. 2017) and N.Y. Criminal Procedure Law §690.55 (Consol. 2017) authorising the transfer of the circa-1st-century CE marble head of Alexander the Great as Helios, the Sun God, seized pursuant to a previously executed search warrant, from the custody of the court, to the custody of Italy.

To that end, and under order of the Supreme Court of the State of New York, County of New York, the antiquity had been seized at Safani Gallery on 22 February 2018, and was taken into evidence as part of a state investigation seeking to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  This seizure was based on suspicions that the object had been stolen and at some point illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909).

Since 2018 the object had been retained as evidence by the New York authorities while Safani's complaint and second amended complaint was being heard within the US justice system. 

Bear in mind 1909 is a critical date as it is this year that Italy's Code of the Cultural and Landscape Heritage (No 364/1909) was made into law.  According to this law, there is a presumption of the State's ownership for all archaeological objects discovered after 1909, unless the cultural Ministry acknowledges that the object does not have a cultural interest, something it would never do for objects located inside Rome's culturally significant Roman Forum.

Italy's archival records from the Forum excavation document an image of the head of Alexander, taken after it was excavated, resting separately on a table at the Museo Forense cloister as well as other photos in which the object is pictured with additional finds.  While the date of the actual theft of this head, and another second missing object which was also stolen, is undetermined, the incident is believed to have occurred sometime before 1959.

What we can define with certainty, on the basis of the dating of the archival photograph, along with the excavation records of the start date of the Basilica site excavation, and documentation of the dates the Museo Forense cloister would have been available to be used as a evidentiary photographic venue, this object indisputably has Italy as its country of origin.  Predicated on the foregoing evidence, it can be proven that the marble head of Alexander was illegally removed from Italian territory after the 1909 law was enacted.

It is on this basis that the object has been defined as stolen property by the State of New York, as its removal from the custody of the Italian authorities was in contravention of the 1909 Italian law.  Also, according to New York law, a thief can never acquire good title.  It should be noted that the removal of the head of Alexander from the Republic of Italy without an export license from the Italian governmental authorities authorising its removal from the territory is also a further violation of Italian law.

Interestingly though, like many stolen works of art illicitly obtained, antiquities remain fairly easy to launder, being sold over and over again through a lack of adequate due diligence in some of the finest, legitimate, marketplaces and to, and through, some of the richest collectors in the world.  

In this instance, the Alexander head has sold in the United States and in the United Kingdom on multiple occasions.

But where was the object bought and sold? 

While the documentation of this object's collection history is spartan, we know that on 22 November 1974 the head of Alexander sold for a mere $650, having been consigned by the Hagop Kevorkian fund to Sotheby Parke Bernet.  Sotheby’s Auction House acquired Parke Bernet Galleries in 1964 and adopted the name Sotheby Parke Bernet throughout the 1970s.  Today, this auction house is known simply as Sotheby’s.  The buyer at the time was listed only as "Altertum Ltd."

Sometime after that date the object was then purportedly purchased by Professor Oikonomides who indicated to others that he purchased the object while vacationing in Cairo, Egypt sometime between 1984 and 1986.  The object was then bequeathed to Dr. Miller by Oikonomides through his estate when he passed away in 1988.

Sotheby's Website Screen Capture taken 24 July 2018

On 08 December 2011 the object sold at Sotheby's for a second time during Sotheby’s Egyptian, Classical and Western Asiatic Antiquities sale .

At the time of this auction, the purported provenance for the object was listed as:

Hagop Kevorkian (1872-1962), New York, most likely acquired prior to World War II
The Hagop Kevorkian Fund (Sotheby Parke Bernet, New York, November 22nd, 1974, no. 317, illus.)
A.N. Oikonomides, Chicago

But with very little in the way of documentation to confirm this narrative.

The object sold to an unidentified buyer for $92,500 USD.

In May 2017, the head of Alexander surfaced across the Atlantic.  This time the ancient marble head went up for sale in the United Kingdom, having once been in the possession of former Qatari culture minister and cousin of the current ruler of the oil-rich Arab country, Sheikh Saud bin Mohammed Ali Al-Thani.  Before his death in 2014 Sheikh Saud Al-Thani was believed to have been the world's richest art collector.

Through Classical Galleries Limited, UK the Sheikh’s foundation sold the head of Alexander to Alan Safani of Safani Gallery for $152,625 on June 20, 2017.

Object Identified

Safani Gallery Booth - TEFAF 2018 Image Credit: L. Albertson

By an amazing bit of serendipity, on 19 February 2018 Dr. Patrizia Fortini, Director and Coordinator of the Archaeological Site of the Roman Forum and Palatine Hill chanced upon an advertisement which featured a photo of the stolen head in a publication for the upcoming 2018 Fine Arts Expo known as TEFAF.  In the dealer's documentation, a photograph of the marble head had been included highlighting Safani Gallery's offerings for the upcoming Maastricht sale scheduled to be held in the Netherlands from March 10 through 18 in 2018.

The photo in the advertisement and the old archival documentation photo of the head in the Museo Forense’s cloister were identified as one and the same object and as a result, Italy moved forward in requesting the object's seizure.

For now Judge Broderick’s decision has recognised the primacy of state court jurisdiction in adjudicating disputes over the seizure of stolen antiquities. Leaving the ultimate question of who owns the Head to the state court, he observed:

For now, Safani has one month to appeal against Judge Broderick's final dismissal decision.  

To view the New York Application for Turnover in its entirety, please see here.
To view the New York February 22, 2018 Seizure Order, please see here.

To view the the US District Court's 28 January 2025 Dismissal Order, please see here.

Sotheby's Website Screen Capture taken 24 July 2018

This week journalist John Russell, of Courthouse News Service, reported that the attorney representing Safani Gallery Inc., in New York has filed a lawsuit asking a federal judge to block the application for turnover request for a marble antiquity seized by the Manhattan District Attorney.  In their complaint Safani Gallery Inc., wholly owned by Alan Safani, is seeking a trial by jury for the return of an Augustan Age marble head of Alexander the Great as Helios, the Sun God, or damages for the losses it believes it has incurred, from the Italian Republic.  On page 15 of that complaint, Safani through their council asks for a ruling by jury for either the return of the marble sculpture or the full fair-market value of the Head of Alexander, plus legal expenses and interest.

In its complaint Safani Gallery also represents that it was given express representations and warranties of the authenticity, ownership, export licensing, and other attributes of the provenance for the marble head from Foundation, Classical Galleries. Ltd., which sold the New York gallery the antiquity. The complaint also states that by seizing the sculpture, Italy seeks to receive a benefit, including the expropriation of the gallery's property for Italy's own use and gain, to which the country has no claim, interest, or right.

To provide background on this case, Matthew Bogdanos, Senior Trial Counsel in the Office of New York County District, through Attorney Cyrus R. Vance Jr., submitted an Application for Turnover on 23 July 2018 in support of an order pursuant to N.Y. Penal Law §450.10 (Consol. 2017) and N.Y. Criminal Procedure Law §690.55 (Consol. 2017) requesting the transfer of this antiquity, seized pursuant to a previously executed search warrant, from the custody of the court, to the custody of Italy.

Under order of the Supreme Court of the State of New York, County of New York, the marble head of Alexander the Great had been seized at Safani Gallery  on 22 February 2018.  As a result of that seizure, the object was taken into evidence as part of a state investigation seeking to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  That seizure was carried out based on evidence provided by the Italian authorities that the object had been stolen and illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909).

This dating is critical to this restitution case in so much as Italy's Code of the Cultural and Landscape Heritage (No 364/1909) was made into law less than three months earlier, on 20 June 1909.  According to that law, there is a presumption of State ownership for all archaeological objects discovered after the law's implementation, unless the Italian cultural ministry acknowledges that the object does not have a cultural interest.  Given the importance of the Roman Forum excavations, it is not likely that the newly established Superintendency responsible for Rome would have categorized the symbolic head of Alexander the Great, from a site as important as the Basilica Aemilia, within the Forum Romanum,  as insignificant.

History tells us though that records for the marble head notated "perduta" (Italian for the word "lost") in November of 1960, when a review of the photographic negative of the Head of Alexander, inventory number 5862, no longer could be matched with a correlating object within the state's collection inventories.  Yet, at the time of this notation, there was no evidence to indicate that the object, or a second, also notated missing antiquity, had been stolen.  It is for this reason perhaps that the object was not archived within Italy's Leonardo database, the Italian state's archive for stolen art and antiquities.

But where was the object bought and sold before ultimately being located by the Italians? 

While the documentation of this object's collection history is spartan, we know that on 22 November 1974 the head of Alexander sold for a mere $650, having been consigned by the Hagop Kevorkian fund to Sotheby Parke Bernet. Sotheby’s Auction House acquired Parke Bernet Galleries in 1964 and adopted the name Sotheby Parke Bernet throughout the 1970s.  Today, that auction house is now known simply as Sotheby’s.  The buyer at this time was listed only as "Altertum Ltd."

Sometime after that date, the object was then purportedly purchased by Professor Oikonomides who indicated to others that he purchased the object while vacationing in Cairo, Egypt sometime between 1984 and 1986.  The object was then bequeathed to Dr. Miller by Oikonomides when he passed away in 1988.

Sotheby's Website Screen Capture taken 24 July 2018

On 08 December 2011 the object then sold at Sotheby's for a second time, during Sotheby’s Egyptian, Classical and Western Asiatic Antiquities sale .

At the time of this second auction, the purported provenance for the object was listed as:

Hagop Kevorkian (1872-1962), New York, most likely acquired prior to World War II
The Hagop Kevorkian Fund (Sotheby Parke Bernet, New York, November 22nd, 1974, no. 317, illus.)
A.N. Oikonomides, Chicago

At the time of this transaction, there was very little in the way of documentation to confirm the provenance narrative.  Despite this, the marble head sold to a then unidentified buyer for $92,500 USD.

In May 2017, the head of Alexander surfaced once again, but on the other side of the Atlantic.  This time the ancient marble head went up for sale in the United Kingdom, having once been in the possession of former Qatari culture minister and cousin of the current ruler of the oil-rich Arab country, Sheikh Saud bin Mohammed Ali Al-Thani.  Before his death in 2014 Sheikh Saud Al-Thani was believed to have been the world's richest art collector.

Through Classical Galleries Limited, UK the Sheikh’s foundation in turn sold the head of Alexander to Alan Safani of Safani Gallery for $152,625 on 20 June 2017.

Object Identified by the Italians

Safani Gallery Booth - TEFAF 2018 Image Credit: L. Albertson

By an amazing bit of serendipity, on 19 February 2018, Dr. Patrizia Fortini, Director and Coordinator of the Archaeological Site of the Roman Forum and Palatine Hill chanced upon an art fair advertisement which featured a photo of the stolen head in a publication for the upcoming 2018 fine arts fair known as TEFAF.  In the dealer's documentation, a photograph of the head had been included highlighting Safani Gallery's offerings for the upcoming Maastricht sale due to be held in the Netherlands, 10-18 March 2018.  Fortini determined that the photo in the advertisement and the old archival documentation photo of the head in the Museo Forense’s cloister were of the same object.

That same day, 19 February 2018, Fortini contacted the Carabinieri Headquarters for the Protection of Cultural Heritage a informed them of her suspicions.  On February 20, 2018, the Carabinieri likewise notified the New York authorities of Dr. Fortini's concerns.  Two days later, on February 22, 2019, a formal theft report had been filed with the Italian authorities and Lieutenant Colonel Nicola Candido, Commander of the Italian Carabinieri Command for the Protection of Cultural Heritage in Rome, formally notified Matthew Bogdanos at the New York District Attorney's office that the Head of Alexander was “stolen from the L'Antiquarium Forense in Rome (Italy) - an Archaeological Site that belongs to the Italian State,” and that “the Italian Republic has never issued a state-approved license for the exportation of the [Head] from Italy; and has never transferred the ownership of the [Head] from Italy to any third party.”  These statements and the accompanying evidence gathered in relation to the assertion resulted in the seizure of the sculpture from Safani Gallery.

Statute of Limitations and Clear Title

Image Credit: Rahul Nangare,  Indian Revenue Service Diplomat, First Secretary High Commission of India, London

On August 15, the High Commissioner of India in London accepted the return of two objects looted from India.  The first was a 1st Century BCE - 1st Century CE carved limestone railing, which experts believe may have possibly been stolen from the Buddhist complex at Vaddamānu in the south Indian state of Andhra Pradesh.  The second item, was a 17th century Indian bronze figure depicting the Krishna as Balakrishna, standing on a lotus base.  The Hindu deity is naked except for his jeweled ornaments, dancing with his right leg raised, holding a ball of butter in his right hand.  This statue is believed to have been taken from the area of Tamil Nadu, the Indian state located in the extreme south of the subcontinent.

Both objects were voluntarily relinquished by an unnamed collector said to have purchased the objects via an also unnamed individual, long implicated in illicit trafficking. This unnamed dealer is presumed to be Subhash Kapoor.

For the uninitiated, Vaddamānu in Andhra Pradesh’s Guntur district might not ring any bells.  But for S. Vijay Kumar, a Singapore-based Indian trafficking expert and co-founder of the India Pride Project, the area is of considerable historic importance and one subject to looting.  ARCA has also noted that excavations in the area have yielded railing pillars, carved in limestone ('Palnad marble), similar to the one that has just been restituted.  One example of such is pictured here. These objects, along with cross-bars, copings, and other architectural elements were used in ancient Vihara and Stupa, some which date as far back as the Mauryan Empire (322 BCE - 185 BCE).  At Buddhist sites such as these, carved stone railings, sometimes square in plan, but more often circular, were used to define the confines of religious sites and could also have been used as decoration to delineate an external processional path.

Both of these recently restituted pieces came to the attention of U.S. Homeland Security Investigations (HSI) when the London-based collector who possessed them contacted the agency wanting to voluntarily surrender the objects to their rightful home.  The pieces are believed to have been purchased the objects via Subhash Kapoor, a disgraced ancient art dealer arrested in Europe and later extradited.  Kapoor is currently in Indian custody in the high security block of Tiruchirapalli Central Prison in the South Indian state of Tamil Nadu.  There he awaits trial on criminal cases for illegally exporting idols and artefacts from plundered temples.

On 08 July 2019, the Manhattan District Attorney's office followed suit with the Indian government and filed their own formal criminal charges against Kapoor and seven other co-conspirators.  In the court's documentation,  the well organized smuggling ring is believed to have smuggled $145 USD million worth of objects out of India and in to market countries in an operation believed to have lasted for as long as thirty years. Arrest warrants have been issued for all eight defendants on a total of 213 Counts, ranging from grand larceny to criminal possession of stolen property.  


Subhash Kapoor himself is listed in a total of 86 Counts in the recent New York charging document.  His charges include Grand Larceny in the First Degree (1 Count), Criminal Possession of Stolen Property in the First Degree (16 Counts), Grand Larceny in the Second Degree (13 Counts), Criminal Possession of Stolen Property in the Second Degree (50 Counts), Grand Larceny in the Third Degree (1 Count) Criminal Possession of Stolen Property in the Third Degree (3 Counts), Conspiracy in the Fourth Degree (1 Count) and one Count of Scheme and Defraud in the First Degree.

Before Kapoor's arrest on 30 October 2011 at Frankfurt International Airport for the charges he faces in India and his subsequent extradition from Germany to India on 14 July 2012, the influential dealer was widely feted in New York art circles.  In connection with his business, he maintained contacts around the globe, in Afghanistan, Cambodia, Bangkok, Bangladesh, Dubai, Hong Kong, India, Indonesia, and Pakistan, with several of his associates implicated in shipping and selling stolen objects supplied with fake provenance to hide their illicit origin. At the height of his operation, Kapoor personally visited Tamil Nadu frequently which underscores the intimacy of the collector-dealer-smuggler-looter network as it relates to these cases.

Reflective of and similar to the recent restitution, Kapoor's name has already been tied to looted antiquities from Andhra Pradesh, the zone where the limestone railing returned via the UK originates from.  In 2016, a 3rd century CE stone panel, illegally exported from India, originating from the Satavahana-era Buddhist Complex of Chandavaram. was also returned to India by the National Gallery of Australia.  In that instance, the museum stated that it had been duped into purchasing the carving from Kapoor’s Art of the Past gallery for $595,000 USD in 2005 after the dealer provided themuseum with falsified provenance documentation indicating that the object had left the country of origin before the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.  That object was later clearly identified as having been stolen from the Chandavaram site museum in 2001.

Terracotta Rattle in the form of a Yaksha  Metropolitan Museum Accession Number: 1990.309

Likely as a result of the increased pressure by grassroots organizations such as India Pride Project and law enforcement and prosecutors pressing formal charges against actors in the US, UK and India, two museums in the United States are finally taking action in evaluating the ethics of retaining prized antiquities within their collections, which are likely tied to Kapoor's illegal activities. According to an article in the New York Times, the Metropolitan Museum of Art, has at least 15 antiquities known to be directly or indirectly associated with Subhash Kapoor which have been acquired after 1990.

The first, the terracotta rattle pictured at left in the form of yakshas (male nature spirit), dates to the 1st Century BCE Shunga period, comes from the archaeological site of Chandraketugarh in the Indian state of West Bengal. It is documented in the Met's collection with no other provenance aside from a passing mention that it was purchased from Kapoor's now shuttered Madison Avenue gallery, Art of the Past.

At the time of Kapoor's arrest in Europe, the Met's management and curatorial staff showed little interest whatsoever in reviewing the legitimacy of the Kapoor linked pieces within their collection.  This despite the spartan provenance which accompanied many of his objects and the fact that it has been proven in other instances that the network falsified provenance documentation.

Now, perhaps in hindsight, and in the wake of recent embarrassing seizures, including an Egyptian mummiform coffin, inscribed in the name of Nedjemankh, an Italian Bell-Krater by Python and a Lebanese marble head of a bull it seems that the Met has finally decided it might be prudent to rethink its stance on some of its art acquisitions from India.

Image Credit:  S. Vijay Kumar Via Twitter 8 February 2019

Likewise on 20 August 2019 it was finally announced that the Los Angeles County Museum of Art had come round to deaccessioning its own contested Buddha.  First identified by India Pride Project in February 2018 and related to the same theft as the restituted Nalanda Buddha identified at Maastricht's TEFAF in 2018, LACMA had, until recently, resisted acknowledging that the bronze in their collection was stolen 58 years ago.  This despite the fact that the bronze was matched via an image India Pride Project had obtained of 14 objects stolen from the Nalanda Archaeological Museum of the Archaeological Survey of India (ASI) in Nalanda, Bihar, India in 1961.  Despite this overwhelming evidence, it took almost a year and a half of pressuring the museum,  pursuing India’s claim, for LACMA to decide to deaccession the stolen bonze.

All too often, even when faced with proof of illicit origin, museums weigh the rarity or price of their acquisition above the ethical responsibility of voluntarily restituting objects found to have passed through the illicit market.  When they do, they overlook the cumulative cultural cost of lost art to poorer and more vulnerable source countries such as, in this case, India.  It is critical to remember that each and every object stolen or looted, whether or not the statute of limitations has expired, presents a loss to the source nation's cultural patrimony, and when there are many objects plundered, as can be seen within this one trafficking network, each of these losses has a cumulative negative effect.

Those working in the black market bank of the fact that many sculptures stolen from small villages are less likely to be reported to the police, and if they are reported, that not much is achieved because little documentation is made outlining the details surrounding the theft or the object itself making it difficult to determine the actors involved.  Thankfully illicit antiquities researchers, and now more often key prosecutors, like those in New York, are willing to consider the evidence collected by diligent researchers and scholars, as well as reviewing the historic records of civil servants, even retired ones, in order to access overlooked details like old photographs and museum records which can sometimes help determine in determining if the provenance provided to contested pieces is fact or fiction.

By:  Lynda Albertson

In a tale that began as a follow up to a funding initiative, I was scheduled to be in the Netherlands this past March to meet with folks at Maastricht University who ARCA was collaborating with on an EU funded Horizon 2020 grant proposal designed to address the critical issues involved the illicit trafficking of antiquities (which, by the way, we were later not awarded).  "The European Fine Arts Fair," or more simply by its art market acronym, TEFAF.  Part of the impetus for meeting in the Netherlands was that I was already in Maastricht, as each year, since 1988, the city has played host to an annual art, antiques, and design fair at the MECC which is organized by The European Fine Art Foundation called

I was at TEFAF to keep an eye open for looted antiquities which might be on sale with fabricated provenances — artworks from the ancient past which have no legitimate pedigree as they have been looted directly from the ground.  Illicit antiquities like these have a propensity for eventually bubbling up into auction house and trade fair sales as their illicit excavation from archaeologically rich sites means that they will not appear in any for-fee stolen art database searches as there is no way to report a previously unknown object as missing.  Once a looted object gains a plausible fabricated provenance, it only takes a few purchases and a publication in one or two glossy exhibition catalogs, to give a looted object a superficial patina of legitimacy.

I was not expecting to find an object stolen from a museum as these types of thefts are routinely registered with police, as well as with art market theft databases.  Searching services, conducted by Art Loss Register, are also incorporated into the vetting of objects for sale at TEFAF in both their New York and Maastricht sales events and are designed to reduce or resolve art-related ownership disputes.

But on Thursday, 15 March 2018 around lunchtime, I pressed the send button on my smartphone application and passed a high resolution photo of a suspicious object I had seen at the stand of one of the international art dealers.  The photo sent was of a Post-Gupta, seated Buddha in the Bhumisparsha Mudra pose, a delicate bronze with his right hand as a pendant over the right knee and with the palm of his left hand facing upward.  The person I sent the photo to was Vijay Kumar, the cofounder of India Pride Project.  

IPP has been responsible for identifying countless Indian treasures stolen and smuggled overseas, some of which have been found in prestigious museums around the globe.  Less than 2 hours later, and with careful comparison with  images obtained through a retired ASI employee, Dr. Sachindra S Biswas, Kumar and I were fairly confident we had a match.  

The following morning, Friday, 16 March 2018 and after multiple cross checks, between the photos of the object I took and those of the ASI, I contacted Martin Finkelnberg, Head of the Art and Antiques Crime Unit of the Netherlands National Police Force, INTERPOL, UNESCO and the Indian authorities and presented everyone with the supporting evidence of our identification.   In our opinion, as well as the opinion of two external experts, we felt confident, to the best of our abilities, that the object for sale at TEFAF in March 2018 was an exact match to one of 14 objects stolen from the Nalanda Archaeological Museum of the Archaeological Survey of India (ASI) in Nalanda, Bihar, India on August 22, 1961.

Despite its theft, the stolen Buddha was pictured in Ulrich Von Schroeder's book "Into-Tibetan Bronzes," a book published in Hong Kong in 1981.  By that time the object had already been satisfactorily laundered into the licit market and was  listed as part of a private collection in London.  

Based on the preponderance of evidence we presented, the Dutch police force acted immediately and sent officers to pay a visit to the dealer's representative on site at TEFAF for the last day of the Dutch fair.  The manager of the stand reported to the Dutch police that the firm was holding the object for a consignor who resided outside of the Netherlands.  

Working cooperatively with law enforcement, the dealer agreed to be in touch with the Buddha's current owner as well as New Scotland Yard, London's Metropolitan Police upon their return to London where an investigation could be taken up by the UK authorities.  ARCA and India Pride Project, in turn, passed all the evidence we had obtained on to Detective Constable Sophie Hayes, of New Scotland Yard's Art and Antiques Unit. 

Once in London, Constable Hayes began her own necessary due diligence in order to ensure that our impressions were correct.  After reviewing the documentation we had provided to the London police, Hayes contacted France Desmarais of the International Council of Museums (ICOM).  

Desmarais arranged for a neutral external expert opinion on the Buddha currently held in the UK by the antiquities dealer for the consignor.  This evaluation was conducted for evidence of authenticity as well as in comparison to the evidence provided by ARCA and India Pride Project related to the theft in Nalanda, Bihar 57 years ago. 

ICOM's expert found the bronze in question to be authentic, and a match to one of the 14 objects stolen in 1961.

To understand how experts authenticate ancient art of this type it is important to understand that bronzes produced in the later medieval period (circa 12th century) in eastern India were made using the “lost wax” method.  This is a process where a wax model is made which can be used only once, as the wax melts away when the molten bronze is poured into the mould. For this reason, each bronze Buddha made using the lost wax method is unique, and while other Buddhas may have a similar appearances or poses, no two will be exactly alike as each object has to be made from its own individual wax mold. 

Completing this confirmation check took some time, as the number of post-Gupta era experts is limited and authentication is not something experts working in the museum community perform without careful consideration and thoughtful examination.  I'd like to personally thank both the anonymized expert and Ms. Desmarais for their time and expert assistance regarding the origins of this bronze. 

With ICOM's confirmation in hand, the Met's Art and Antiquities Squad worked to convince the current owner of the Buddha, who, along with the dealer had been cooperative throughout the investigation, to voluntarily relinquish the object back to its home country.   Today, it was handed over to Indian High Commissioner to the UK, YK Sinha during a ceremony this morning at the Gandhi Hall, India House, Aldwych in London, timed to coincide with India’s Independence Day.

Speaking with Vijay this morning hee stated "this is a great demonstration of inter governmental and activist groups and also the need for proper documentation. We hope this is just the beginning in finding closure to this case as we are still after the rest of the stolen artifacts. Hope the museums in America are looking at this with interest. "

While I, like Vijay am overjoyed that this stolen Buddha is finally going home, another similar to it, identified in February and stolen during the same theft, still sits at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California.  The question remains, if the US-based museum will be as forthcoming as this collector and UK dealer.  Both of whom did the right thing by cooperating during the investigation and eventually returning the stolen object back to India voluntarily.  

By:  Lynda Albertson

Concluding a formal agreement between India and the Metropolitan Museum of Art has handed over to a 9th century Durgamahishasurmardini that had once been enshrined in the Chakravarteswara temple at Baijnath to  the Consulate General of India in New York.  The Durga was donated to the Museum in 2015 and was later recognized by museum staff from the cover of K. P. Nautiyal’s "The Archaeology of Kumaon, including Dehradun; a comprehensive account of the cultural heritage of modern Garhwal and Kumaon divisions." 

Also returned was a "The Head of a Male Deity" which matches an image also listed and now removed from the museum's website of a "3rd century Head of a Bodhisattva (?)" from the Ikshvaku period (second half of the 3rd–early 4th century) from Nagarjunikonda which had been gifted to the museum by Evelyn Kossak, via The Kronos Collections, 1986. 

On Monday, 23 July 2018 Matthew Bogdanos, Senior Trial Counsel in the Office of New York County District through Attorney Cyrus R. Vance Jr., submitted an Application for Turnover in support of an order pursuant to N.Y. Penal Law §450.10 (Consol. 2017) and N.Y. Criminal Procedure Law §690.55 (Consol. 2017) authorising the transfer of a circa-1st-century CE marble head of Alexander the Great as Helios, the Sun God, seized pursuant to a previously executed search warrant, from the custody of the court, to the custody of Italy.

Under order of the Supreme Court of the State of New York, County of New York, the antiquity had been seized at Safani Gallery on February 22, 2018 and was taken into evidence as part of a state investigation seeking to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  This seizure was based on suspicions that the object had been stolen and at some point illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909).

Since February 22nd the object had been retained as evidence by the New York authorities pending confirmation of a formal request from Italy formally requesting intervention and while the legal case advanced through the New York legal system.

Bear in mind 1909 is a critical date as it is this year that Italy's Code of the Cultural and Landscape Heritage (No 364/1909) was made into law.  According to this law, there is a presumption of the State's ownership for all archaeological objects discovered after 1909, unless the cultural Ministry acknowledges that the object does not have a cultural interest, something it would never do for objects located in the Roman Forum.

Italy's archival records from the Forum excavation document an image of the head of Alexander, taken after it was excavated, resting separately on a table at the Museo Forense cloister as well as other photos where the ovject is pictured with additional finds.  While the date of the actual theft of this head and another second missing object, which was also stolen, is undetermined the incident is believed to have occurred sometime before 1959.

What we can define with certainty, on the basis of the dating of the archival photograph, along with the excavation records of the start date of the Basilica site excavation, and documentation of the dates the Museo Forense cloister would have been available to be used as a evidentiary photographic venue, is that this object indisputably originated from Italy.  Predicated on the foregoing evidence, it can be proven that the marble head of Alexander was removed from Italian territory after the 1909 law was enacted.

It is on this basis that the object has been defined as stolen property by the State of New York, as its removal from the custody of the Italian authorities was in contravention of the 1909 Italian law.  Also, according to New York law, a thief can never acquire good title.  It should be noted that the removal of the head of Alexander from the Republic of Italy without an export license from the Italian governmental authorities authorising its removal from the territory is also a further violation of Italian law.

Interestingly though, like many stolen works of art illicitly obtained, antiquities remain fairly easy to launder, being sold over and over again through a lack of adequate due diligence in some of the finest, legitimate marketplaces and to and through some of the richest collectors in the world.  In this instance, the Alexander head has sold in the United States and in the United Kingdom on multiple occasions.

But where was the object bought and sold? 

While the documentation of this object's collection history is spartan, we know that on 22 November 1974 the head of Alexander sold for a mere $650, having been consigned by the Hagop Kevorkian fund to Sotheby Parke Bernet. Sotheby’s Auction House acquired Parke Bernet Galleries in 1964 and adopted the name Sotheby Parke Bernet throughout the 1970s.  Today, that auction house is known simply as Sotheby’s.  The buyer at the time was listed only as "Altertum Ltd."

Sometime after that date the object was then purportedly purchased by Professor Oikonomides who indicated to others that he purchased the object while vacationing in Cairo, Egypt sometime between 1984 and 1986.  The object was then bequeathed to Dr. Miller by Oikonomides when he passed away in 1988.

Sotheby's Website Screen Capture taken 24 July 2018

On 08 December 2011 the object sold at Sotheby's for a second time during Sotheby’s Egyptian, Classical and Western Asiatic Antiquities sale .

At the time of this auction, the purported provenance for the object was listed as:

Hagop Kevorkian (1872-1962), New York, most likely acquired prior to World War II
The Hagop Kevorkian Fund (Sotheby Parke Bernet, New York, November 22nd, 1974, no. 317, illus.)
A.N. Oikonomides, Chicago

But with very little in the way of documentation to confirm this narrative.

The object ultimately sold to an unidentified buyer for $92,500 USD.

In May 2017, the head of Alexander surfaced across the Atlantic.  This time the ancient marble head went up for sale in the United Kingdom, having once been in the possession of former Qatari culture minister and cousin of the current ruler of the oil-rich Arab country, Sheikh Saud bin Mohammed Ali Al-Thani.  Before his death in 2014 Sheikh Saud Al-Thani was believed to have been the world's richest art collector.

Through Classical Galleries Limited, UK the Sheikh’s foundation sold the head of Alexander on to Alan Safani of Safani Gallery for $152,625 on June 20, 2017.

Object Identified

Safani Gallery Booth - TEFAF 2018 Image Credit: L. Albertson

By an amazing bit of serendipity, on 19 February 2018 Dr. Patrizia Fortini, Director and Coordinator of the Archaeological Site of the Roman Forum and Palatine Hill chanced upon an advertisement which featured a photo of the stolen head in a publication for the upcoming 2018 Fine Arts Expo known as TEFAF.  In the dealer's documentation, a photograph of the head had been included highlighting Safani Gallery's offerings for the upcoming Maastricht sale due to be held in the Netherlands, March 10-18, 2018.

The photo in the advertisement and the old archival documentation photo of the head in the Museo Forense’s cloister were one and the same object and as a result, Italy moved forward in requesting the object's seizure.

Statute of Limitations and Clear Title