At this moment different studies try to shed light on these topics. Among others, Noah Charney and myself are involved in these studies and I hope they will enhance our knowledge.

Professor Tijhuis: Again, we are dealing with a rather broad category of crimes that take place all around the world. I am not aware of data that systematically connects art crimes with other illegal activities. However, one can find examples of connections with other crimes in specific places around the world.

Professor Tijhuis: First of all, transnational crime clearly involves cross-border types of crime. At the same time, it does not necessarily involve all kind of criminal organizations but may involve individuals or constantly changing networks of people involved in specific crimes. The different terms are related to the different perspectives on crime that were mentioned earlier. When one takes actors as the starting point of studies, one will use the terms “organized crime” or “transnational organized crime”. Transnational crime, on the contrary, is sometimes used when one takes (illicit) activities as starting point.

“Art restitution is one of the few ways to make reparations to the many victims of the treacheries of World War II. Victims of Nazi-era art theft and their heirs should be able to successfully bring actions in the United States to recovery their possessions as this is usually one of the last options available for recovery. Claims concerning art restitution should be heard in U. S. courts and the statue of limitations and the U. S. Department of State’s Statement of Interest should not be used to preclude adjudication on the merits of these cases. The Court should assert their independence and refuse to dismiss these cases. Recent art restitution settlements and the U. S. Supreme Court’s current involvement shed light onto this topic and help the victims of art theft reclaim what rightfully belongs to them.”

Ms. Minton: In 2010 the World Jewish Restitution Organization found that out of many named Eastern European countries including Belarus, Bosnia, Bulgaria, Estonia, Hungary, Latvia, Lithuania, Macedonia, Poland, Romania, Serbia, Slovenia and the Ukraine, only the Czech Republic and Slovakia had both enacted restitution laws governing art and were conducting provenance research. This is an important point as the former Soviet Union indirectly looted the Jews of their art which was confiscated and collected by the Germans during World War II. In many cases there are no records or unreliable records to prove provenance. With artwork now popping up in the United States with more frequency (whether on the auction block, in a museum or in a private collection) rightful claimants are able seek restitution in the U.S. Courts where the statute of limitations may have run out in European countries. Historically the European courts have sided with those that could prove they acquired looted works in “good faith”. Because of the complication in these legal cases involving issues such as the statute of limitations, international law and provenance determination, I believe you will see a general rise of interest in art law from the public. I first became fascinated by the procedural problems in my International Litigation class at Catholic University of America Law School in Washington, D.C. and continued my research after graduation.

An Egyptian Soldier guarding the Cairo Museum

According to antiquities official Mohamed Megahed, “immense damages to Abusir and Saqqara” were reported. Looters allegedly have gone into tombs that had been sealed and destroyed much of the tombs and took artifacts.

“Only the Imhotep Museum and adjacent central areas were protected by the military. In Abusir, all tombs were opened; large gangs digging day and night,” he said.

According to Megahed, storage facilities in South Saqqara, just south of Cairo has also been looted. He did mention it was hard to ascertain what, and how much, was taken.

He said Supreme Council of Antiquities (SCA) officials “are only today [Sunday] able to check on the museums storage, but early reports suggest major looting.”

He called on the international archaeology community to issue a “high alert” statement on Old Kingdom remains and Egyptian antiquities in general, “and please spread the word to law enforcement officials worldwide.”

Looters of museums, “who may be encouraged by outside Egypt entities, may try to use general confusion to get things out of the country.”

His statement comes as Al Jazeera and other news networks reported extensively on the small looting at the Egyptian Museum in Cairo in the past two days as police guarding the museum left their posts. Others allege that the police themselves are responsible for the looting.

The Egyptian Museum is home to some 120,000 items and thousands more in storage in the basement.

• Hyperallergic
• Eloquent Peasant
• Paul Barford

“Historically, art crime consisted of looting, stealing, and burglarizing museums and creating art forgeries, to name a few. Scholars have recently broken down the category into street and white-collar art crime types. For example, the common museum burglaries fall under the street type while art forgery and art fraud are found in the white-collar realm. The notoriety of the break in is hyped by the mass media in their various presentations. Art crimes of this sort are definite, often leaving a trail. Ultimately, the culprits are captured by tips or forensic examination such as fingerprints, burglar tool matching, and so on. In the case of art fraud or forgery, which Starnes has characterized as the “invisible crime,” such definitiveness or clarity of criminal act is often missing (2002). Such indivisibility combined with factors hindering prosecution allows the art criminal to push the envelope to the point that this form of white-collar crime becomes a non-crime. The study below offers an identification of the factors and the consequences surrounding white-collar art crime, leading to a suggestion that art fraud is a gold mine for the white-collar criminal.”