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Showing posts with label repatriation. Show all posts
Showing posts with label repatriation. Show all posts

November 15, 2019

Revisiting the case of the marble head of Alexander the Great as Helios, the Sun God

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).

Looking across the remains of the Basilica Aemilia
towards the Severan Arch,
the Tabularium, and the Modern Senate House
Image Credit: B. Dolan
In terms of its history, the NY District Attorney court documents set out that the head was discovered during excavations of the Basilica Aemilia, located on the Via Sacra.  This is the ancient road between the Capitoline Hill and Rome's Colosseum, located within the Roman Forum. While little remains of the Basilica Aemilia today, its presence in the form is documented by Rome historian Pliny the Elder as being one of the three most beautiful elements on the site alongside the Forum of Augustus and the Temple of Peace.


The contested marble head was discovered at some point during Italian research excavations carried out by Professor Giacomo Boni and later by Professor Alfonso Bartoli, who conducted archaeological surveys of the Palatine Hill in Rome between 1899 and 1939.  Written documentation from these explorations suggest that the head was once part of the “Statues of Parthian Barbarians” which are believed to have adorned the Basilica Aemilia.  As such, these objects represent a valuable testimony to the art and architecture decorating buildings in the Forum during the Augustan Age.

After 20 BCE Roman art often portrayed the people of the Empire and during its restoration in 14 BCE, Augustus chose to line the Basilica with a series of Parthian figurines, perhaps to humiliate the ancient foreign enemy of Rome.  Representing individuals from the Parthian Empire (also known as the Arsacid Empire), these human likenesses depicted the conquered Parthians as representatives of the Orbis Alter, subjects of Rome not considered to be part of the “civilised” world.  Stylistically, they differ from representations we have from the same time period of people from the Orbis Romanus which makes this statue grouping particularly identifiable.

Correlating statue from the Basilica Aemilia
According to New York court documents, the Italian Soprintendenza alle Antichità Palatino e Foro Romano began keeping archival ambrotype photographic documentation of the objects it discovered during these excavations beginning in 1908.  This method of documentation most likely came about as a result of the country having instituted regional "Superintendencies" in 1907 on the basis of law no 386 dated 27 June 1907.   Prior to that, Italy lacked a strong national framework to encompass cultural heritage laws and regulations, and the area's cultural heritage was protected by the individual laws and decrees inherited from the many states and kingdoms that formerly made up Italy prior to it unification.

To archive the excavation finds from the Roman Forum, the city's cultural authorities placed the smaller antiquities discovered during this excavation upon a table in the Museo Forense cloister for cataloging.   The objects were then photographed against a dark background to aid in their identification and documentation.

Italy's archival records from this period document an image of the Head of Alexander, taken after its initial excavation, resting alone on this table in the aforementioned cloister.  The location where this image was taken is confirmed via a second image photographed in the same cloister of additional excavation finds from the Basilica Aemilia excavation which depicts objects photographed on the same table, but taken from a wider angle which allows the viewer to see the architectural elements from the cloister.  Based on these photographic records, the contested head of Alexander the Great is believed to have been discovered during the second phase of excavations which began after 1909, one year after the superintendency began using this type of photographic imagery for this excavation.

An ambrotype is an early form of photography dating to the 1850s which, in many ways, is a more cumbersome antique equivalent to the modern day slide, with the exception being the photograph was created by way of a fragile glass negative.  To preserve them, ambrotypes are generally stored in cases called a casket or union case and in single envelopes which require special care given their fragility. 

Sample ambrotype photo in its union case.
To date the find period for this object it must be remembered that the Italian authorities also have no contradicting written entries or alternative photographic archival documentation of any marble head finds, Alexander the Great or otherwise, from the Basilica Aemilia excavations related to the Barbarian statues prior to 1909.  All records of this marble head date from 1909 and points thereafter.

It is important to note that Professors Bartoli and Boni began their explorations in the zone of the Basilica Aemilia, where the head has been reported to have been excavated, in September 1909.  This time period, discussed at length in the State of New York's Application for Turnover, is documented in the archaeological record and demonstrates that in all likelihood, the marble head was found after September 1909 when excavations at the Basilica resumed.  Possibly more precisely, the first written documentation of marble sculptural heads of this type being found at the Basilica Aemilia were documented in  Bartoli's excavation journal in March and June 1910.  

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

Under New York law, barring the expiration of the statute of limitations or application of the laches doctrine, one cannot obtain title from a thief unless the present-day possessor's title can be traced to someone with whom the original owner voluntarily entrusted the art.  As clear title is not possible in the case of this marble head, this leaves Safani and his counsel, David Schoen, to see if they can make their case based on the laches defense.  The purpose of the doctrine of laches is to safeguard the interests of good faith purchasers, in this case of lost/stolen art, by weighing in the balance of competing interest against the owner's diligence in pursuing their claim.   

While delay in pursuing a claim for the head could be considered in the context of laches under New York law, given that the theft occurred at an unknown time so many years ago, it has long been the law of the state of New York that a property owner, having discovered the location of its lost property, cannot unreasonably delay in making their demand upon the person in possession of that property.  As Italy acted within days of its identification that its "lost" item was in fact stolen, this course of legal action doesn't seem to be a viable route for retaining the object in question.

Likewise, as of this date, Safani Gallery hasn't produced any records or bill of sale for any pre-1974 transaction for the Head of Alexander.  Nor are there any records or invoices for the 1974 sale by Sotheby’s to Altertum Ltd., or any export visas or stamp authorizing the Head’s legitimate removal from Italy. Nor are there any records which would confirm a date for which the object was shipped out of the source country, such as a bill of lading or a customs declaration.  This leaves Safani with little tangible evidence to disprove the NYDA's stance that the object was stolen and then illegally removed from Italy.

Despite this, on 14 November 2018 Safani's attorney reported that the New York courts denied the NY DA's Turnover Application

To clarify on the aforementioned tweet by David Schoen, which only presents a portion of the facts,  the judge in this complicated case has stayed the proceeding pending the outcome of the federal case, and ruled that New York does have jurisdiction to resolve ownership disputes of antiquities under PL 450.10, and that he will do so in appropriate cases.

So for now, the court wrangling continues to drag on.

To view the 22 February 2018 Seizure Order, please see here.
To view the 23 July 2018 Application for Turnover, please see here.
To view the 12 November 2019 Safani Complaint, please see here.

By:  Lynda Albertson

August 21, 2019

Restitution: The grassroots work of the IPP pays off again.

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.  


The co-conspirators listed in the July New York Criminal Complaint for Subhash Kapoor et al are: 

Sanjeeve Asokan - Asokan was arrested and charged as a co defendant to Kapoor in India in March 2009.  According to details outlined in the Indian criminal complaint Subhash Chandra Kapoor vs Inspector of Police, para 3., Asokan's involvement in the illicit trafficking ring extended to driving with individual looters to particular villages in Tamil Nadu in order to identify temples which were vulnerable to theft.  Having identified accessible antiquities ripe for the taking, it is alleged that Asokan then supplied the stolen artworks to Kapoor in the United States.  Shipping the loot in staggered shipments from India to lesson the impact of possibly losing an entire shipment should there be a customs seizure.  While awaiting trial in India Asokan is being detained since 25 March 2009 under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers (Act 14 of 1982).  As a co-conspirator in the New York case he has been charged with 21 Counts including Criminal Possession of Stolen Property in the First Degree (9 Counts), Criminal Possession of Stolen Property in the Second Degree (10 Counts), Criminal Possession of Stolen Property in the Third Degree (1 Count), and one Count of Conspiracy in the Fourth Degree.

Dean Dayal (also spelled Deen Dayal) - IAs earli as 2016 HSI special agents worked with Tamil Nadu law enforcement authorities to arrest Dayal, and other trafficking co-conspirators in Chennai, India.  As a result of that investigation Dayal was implicated as being one of the principles on the ground behind the actual thefts at targeted temples.  In New York Dayal now faces a total of 5 Counts including Criminal Possession of Stolen Property in the Second Degree (4 Counts) and one count of Conspiracy in the Fourth Degree.

Ranjeet Kanwar (now well known as "Shantoo") - Kanwar was named in an earlier criminal complaint in Manhattan Criminal Court, signed by Special Agent Brenton Easter of the Department of Homeland Security against New York art dealer Nancy Wiener. According to statements by a former employee of Kapoor, Kanwar was one of Subhash Kapoor's alleged suppliers of stolen antiquities.  His name appears on a computer disk file folder that contained at least three pictures of  looted Seated Buddha #1 found at the Sofia Bros. Storage, in New York County, a storage facility rented by Subhash Kapoor. Kanwar faces a total of 4 Counts in New York including Criminal Possession of Stolen Property in the First Degree (1 Count), Criminal Possession of Stolen Property in the Second Degree (2 Counts), and one Count of Conspiracy in the Fourth Degree.

Vallabh Prakash - In November 2016 authorities in Indian reopened a then 11-year-old case with the help of HSI special agents, which served to identify the smugglers of the now repatriated religious stone idol of Vriddhachlam Ardhanari. Vallabh Prakash and his son, two antique dealers in Mumbai, operated Indo-Nepal Art Centre, a gallery which offered the stolen Ardhanari to Subhash Kapoor and who together smuggled the statue into the United States. Kapoor later sold this idol with false paperwork to the Art Gallery of New South Wales in 2004.  Father and Son were arrested in India in November 2017. Vallabh Prakash now faces a total of 11 Counts in New York including Criminal Possession of Stolen Property in the Second Degree (10 Counts) and one Count of Conspiracy in the Fourth Degree.

Aditya Prakash - As mentioned above in November 2016 authorities in Indian reopened a then 11-year-old case with the help of HSI special agents, which served to identify the smugglers of the now repatriated religious stone idol of Vriddhachlam Ardhanari. The son of Vallabh Prakash, Aditya Prakash, was co-proprietor of the Indo-Nepal Art Centre along with his father.  Arrested together with his father in 2017 several cases are still pending against the duo in Nellai, Palavur and Viruddhachalam. It is believed that many of the stolen idols from the temples in Tamil Nadu were smuggled through the involvement of this family, including 13 idols from the Sri Narambunatha Swamy Temple, Pazhavoor in Tirunelveli district on the Tirunelveli-Kanniyakumari border.  Aditya Prakash faces an additional 11 Counts in New York including Criminal Possession of Stolen Property in the Second Degree (10 Counts) and one Count of Conspiracy in the Fourth Degree.



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




August 15, 2018

Repatriation: The Case of the Stolen TEFAF Buddha

Screen Shot of ID Matching Buddha stolen 57 years ago.
Image Credit:  ARCA with permission from ASI Archives in India
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.  

Image Credit:  Left - ARCA Photo from TEFAF Maastricht 2018
Right - ISA Archive photo
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.  

Pages from Ulrich Von Schroeder's book "Into-Tibetan Bronzes,"
illustrating the stolen Buddha
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.

Mr Rahul Nangare, First Secretary (Trade), High Commission of India,
and Dr Rajarajan, IPP volunteer
Imae credit:  IPP
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

August 7, 2018

July 24, 2018

Request for Return: A marble head of Alexander the Great as Helios, the Sun God

Image Credit: Safani Gallery TEFAF Maastricht advertisement

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.

In terms of its history, court documents set out that the head was discovered during excavations of the Basilica Aemilia, located on the Via Sacra.  This is the ancient road between the Capitoline Hill and the Colosseum located within the Roman Forum in Rome. While little remains of the Basilica Aemilia today, it was considered by Rome historian Pliny the Elder to be one of the three most beautiful elements of the Roman Forum, this alongside the Forum of Augustus and the Temple of Peace. 

Looking across the remains of the Basilica Aemilia
towards the Severan Arch,
the Tabularium, and the Modern Senate House
Image Credit: B. Dolan
The head was discovered at some point during Italian research excavations carried out by Drs. Professors Giacomo Boni and later by Professor Alfonso Bartoli which were carried  out on the Palatine Hill between 1899 and 1939.  Documentation from the excavations suggest that the head belongs to one of the “Statues of Parthian Barbarians” which once adorned the Basilica.

After 20 BCE Roman art often portrayed the people of the Empire and during its restoration in 14 BCE, Augustus chose to line the Basilica with a series of Parthian figurines, perhaps in humiliation of Rome's ancient foreign enemy.  Representing individuals from the Parthian Empire (also known as the Arsacid Empire), these likenesses depicted the conquered Parthians as representatives of the Orbis Alter, subjects of Rome not considered to be part of the “civilised” world.  Stylistically, they differ from representations we have from the same period of people from the Orbis Romanus. 

According to court documents, the Italian Soprintendenza alle Antichità Palatino e Foro Romano began keeping archival photographic documentation of the objects discovered during the lengthy excavation starting in 1908.  Based on these records, the head of Alexander the Great, seized from the New York gallery, is believed to have been discovered during the second phase of excavations.  These began after 1909. This dating is derived as the Italian authorities have no written, descriptive entries or photographic archival documentation of any marble head finds from the Roman forum of the Barbarian statues prior to 1909.   It was also not until September 1909 that Dr. Professor Bartoli's team began their explorations in the zone of the Basilica Aemilia.  As a result of this and other evidence described in the Court's Application for Turnover it seems most likely that the marble head was likely found sometime around 1910.

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

Under New York law, barring the expiration of the statute of limitations or application of the laches doctrine, one cannot obtain title from a thief unless the present-day possessor's title can be traced to someone with whom the original owner voluntarily entrusted the art.  As clear title is not possible in the case of Italy's marble head of Alexander, it will be up to Safani and his counsel to see if they will base their case on the laches defense or voluntarily relinquish the object.  What is clear is that the plaintiff, in this case Italy, has not unreasonably delayed in initiating their action.

The purpose of the doctrine of laches is to safeguard the interests of good faith purchasers, in this case of lost/stolen art, by weighing in the balance of competing interest, the owner's diligence in pursuing their claim.   

While delay in pursuing a claim for the head could be considered in the context of laches under New York law given that the theft occurred at an unknown time so many years ago, it has long been the law of this state that a property owner, having discovered the location of its lost property, cannot unreasonably delay in making their demand upon the person in possession of that property.  As Italy acted quickly as soon as the ID was confirmed, this course of legal action doesn't seem to be a viable route for retaining the objet in question.

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.

By:  Lynda Albertson

March 2, 2018

Repatriations - a 17th century Italianate landscape and a first century CE marble sculpture depicting Aphrodite

Two months into the new year brings with it two significant repatriations for objects stolen in Italy and illegally transferred for sale on foreign art markets.  Both artworks, an oil painting and a marble statue, were discovered during auction sales, despite having been stolen in Italy. 

This week a 17th century Italianate landscape, attributed to either Giovanni Paolo Pannini (1691-1765) or Andrea Locatelli (1695-1741), has made its way home to Italy.  

Donated in 1892 by the Italian noble Torlonia family, the oil painting was stolen on January 1, 1994.  In November 2017 the artwork was identified by the Italian authorities when it came up for sale at a London auction house. Its starting bid: 40.000 GBP.

At some point the painting appears to have passed through the hands of the Roman branch of the London auction house, before being transferred to London for sale.  Under Italy’s Cultural Heritage Code any artwork created more than fifty years ago (i.e. before 1947 in this case) by a deceased artist requires an export licence in order to be exported.  No information has been released by the Italian authorities as to if the consigner provided the auction house with such a document and if so, if that document was valid or fabricated.  

After this week's press conference, the painting will be returned to the Ministry of Cultural Heritage and Activities and Tourism and reintegrated into the collection of the Galleria Nazionale d'Arte Antica where it will go on display at either the the Palazzo Barberini or the Palazzo Corsini. 


One month earlier, on January 30, 2018 the Carabinieri reported that a first century CE marble sculpture depicting the torso of the goddess Aphrodite had also been repatriated to Italy.  This marble statue, with an estimated value of €300.000 had been stolen in 2011 from the University of Foggia and was identified by Italy's Comando Carabinieri per la Tutela del Patrimonio Culturale for sale in Munich Germany in 2013. 

In the scope of a lengthy investigation, Italian and German authorities identified identified an organized smuggling ring, operating between Italy and Germany, where looted antiquities plundarded from Italy passed from the hands of a looter, through a  middleman, who carried out the deliveries abroad, on to the individual in Germany who sold objects to collectors interested in antiquities in Germany. 

In 2016, when those involved in this trafficking operation were taken into custody, more than 2,500 objects were seized which had not yet made their way to Germany.   The statue of Aphrodite, was returned to Italy via international letters rogatory and with cooperation from the German authorities as well as the Public Prosecutor's Office of Rome. 


October 13, 2017

Seizure - archaic marble torso of a calf bearer from the collection of Michael Steinhardt

In further identifications connected to the recent seizure and pending repatriation of a Lebanese marble bull's head, Assistant District Attorney Matthew Bogdanos through the New York authorities has issued another warrant on October 10, 2017 requesting the seizure of a second antiquity also believed to have been plundered from Lebanon during its civil war.

This object, an archaic marble torso of a calf bearer, was also acquired by William and Lynda Beierwaltes and then sold to New York collector Michael H. Steinhardt, in 2015. 

Steinhardt's collecting has come under scrutiny in the past.

The seizure warrant states that the described property constitutes evidence, and tends to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  

Criminal Possession of Stolen Property in Second Degree – NY Penal Law 165.52

A person is found guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

Criminal possession of stolen property in the second degree is a class C non violent felony in New York.  

The warrant document further authorises law enforcement personnel to videotape and photograph the interior of Michael H. Steinhardt's 5th avenue apartment as well as grants them permission to review stored electronic communications, data, information, and images contained in computer disks, CD Roms, and hard drives. 

A copies of the public domain record filed with New York County on this case can be found in the case review files on ARCA's website here



Lynda and William Beierwaltes against Directorate General of Antiquities of the Lebanese Republic and the District Attorney of New York County - Notice of Voluntary Dismissal


Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, 
the case involving plaintiffs William and Lynda Beierwaltes and a Marble Head of a Bull (ca 500-460 BCE) filed with the United States District Court for the Southern District of New York has been voluntarily dismissed with prejudice.

Copies of the public domain records on this case, including this Notice of Voluntary Dismissal written on October 11, 2017, can be found in the case review files on ARCA's website here. 


October 12, 2017

Pending Repatriation: The Illicit Passages of a Marble Head of a Bull (ca 500-460 BCE)


Marble Head of a Bull (ca 500-460 BCE),
 (image courtesy the Metropolitan Museum of Art, New York
On Wednesday, through lawyer, William G. Pearlstein, collectors William and Lynda Beierwaltes released a formal statement on the Marble Head of a Bull (ca 500-460 BCE) seized by the New York District Attorney’s office on July 06, 2017 while on loan at the Metropolitan Museum of Art over suspicions that the antiquity had been pillaged from Lebanon during that country's civil war.   The bull's head sculpture was acquired by the couple on November 27, 1996 for US$1.2 million from one of the (now) most notorious dealers in the antiquities world, Robin Symes.

Through their attorney, the statement read:

“After having been presented with incontrovertible evidence that the bull’s head was stolen from Lebanon, the Beierwaltes believed it was in everyone’s best interest to withdraw their claim to the bull’s head and allow its repatriation to Lebanon.”

This decision was taken after the State of New York's 68-page Application for Turnover went into painstaking detail on how this plundered antiquity made its way illicitly to the United States.  That document can be read here.

In a letter to the Honorable Daniel P. FitzGerald with the Supreme Court of New York County, Assistant District Attorney Matthew Bogdanos writes that the Beierwaltes have signed a stipulation consenting to the Court’s release of the Bull’s Head to the Lebanese Republic pursuant to N.Y. Penal Law §450.10 on the disposal of stolen property and the N.Y. Criminal Procedure Law §690.55 on search warrants and the disposition of seized property.

A copy of this letter can be read here. 

This voluntary forfeiture paves the way for a formal ceremony of repatriation, in which the Bull's Head will be handed to a representative to be designated by the Lebanese Ministry of Culture within 15 days.

According to a New York Times article, Assistant District Attorney Matthew Bogdanos and researchers which have supported his case spotted another potentially looted antiquity, also from Lebanon.  This object, a marble torso of a calf bearer, was identified in a photograph taken inside the Beierwalteses’ home for the June 1998 special issue of of House & Garden magazine.

The photos for this magazine are included in publicly filed documents with the New York District Attorney case and can be read here.

According to an article by Colin Moynihan for the New York Times, Attorney Bogdanos has stated that this object too may have been plundered from Lebanon prior to it being acquired by William and Lynda Beierwaltes.  The article goes on to specify that the Beierwalteses then sold this object on to New York collector Michael H. Steinhardt, in 2015.

The DA's office has stated it has obtained a warrant to seize this object from Mr. Steinhardt.