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September 1, 2024

Sunday, September 01, 2024 - ,,, No comments

Phoenix Ancient Art: A Summer of Legal Entanglements and Tax Showdowns


ARCA summers are pretty busy as each year.  Since 2009, the Association has hosted its multi-course Postgraduate Certificate Program in Art Crime and Cultural heritage which often means posting new developments in the art and antiquities crime sphere slow while we turn our attention towards trainees.  Now that the 13th edition of this annual PG Cert has concluded, we can take time to reflect on some of the summer's more interesting art and antiquities stories, two which involve the ancient art gallery, Phoenix Ancient Art.

More pieces, More Accusations

Back on the 15th of May, Gotham City, a French-speaking Swiss news website that focuses on white-collar crime reported that Ali Aboutaam, the Geneva-based ancient art dealer was again in hot water with the public prosecutor's office.  Despite his previous conviction in January 2023, where he received an 18-month suspended prison sentence,  Ali Aboutaam is again the focus of a new Swiss investigation.

According to the Geneva public prosecutor's office, Ali is alleged to have possessed two suspect alabaster (brucite) statues, representing a man and a woman, while, according to Gotham's reporting, he “knew that these cultural properties had been illicitly acquired during illegal excavations in Yemen”.  Assessed by art historians, at least one of the small statues is believed to come from an area located in the southern Yemeni plateau known for the immense Himyarite Kingdom .  The area is home to a large necropolis, Shuka, which dates to the 1st-3rd centuries CE and has been the focus of looting in varying periods.

Dat-Hamin Stele
This is not the first time that Phoenix Ancient Art has handled suspect South Arabian artefacts from this war-torn country in the MENA Region.  In 2002, its New York affiliate consigned a third-century CE alabaster stele depicting the fertility goddess Dat-Hamin for auction at Sotheby’s New York.  In that instance, the gallery's owners, brothers Ali and Hicham Aboutaam, had told the auction house that the piece came from a private English collection.

In their research to prepare for their upcoming auction, Sotheby's staff discovered that the stele had been photographed and documented as a part of the Aden Museum's collection in Yemen.  The artefact had been looted in July 1994 during what is referred to as the Summer War, a civil war fought between the two Yemeni forces of the pro-union northern and the socialist separatist southern Yemeni states and their various supporters.  Relinquished by the dealers, U.S. Immigration and Customs Enforcement (ICE) ultimately seized the stele in September 2003, and the stela was officially signed over to the Yemeni ambassador in December 2004.

Following that civil war, Yemen implemented wider legal protections for its cultural heritage, although instability resulting from the present-day civil war continues to make enforcement difficult.  Law Number 21 of 1994 on Antiquities, as amended by Law Number 8 of 1997, is the primary law governing ancient sites and objects in the country.  

This law defines Yemen's “archaeological” materials; vests their ownership in the State, and controls their protection, conservation, restoration, and study.  It addresses aspects of ownership, permissions and obligations for archaeological work, introduces penalties for the illegal trade, and sets duties and guidelines on how to deal with discovered and excavated objects.  

As such, it will be interesting to evaluate what documents Phoenix possesses in support of their circulation of these two objects in Switzerland, which are presently of interest to that country's public prosecutor. 

Moving on to Taxes...

On 18 July 2024 Switzerland's Bundesgericht, the country's Federal Supreme Court in Lucerne issued several ruling impacting Ali Aboutaam.  Judgments 9C_107, 9C_184, 9C_187 and 203/2023 of 18 July 2024, issued by Federal Judges Thomas Stadelmann as the Presiding Judge, along with Judges Margit Moser-Szeless and Michael Beusch, rejected a series of complex appeals, made through the art dealer's attorneys, concerning outstanding tax assessments in relation to the importation of a group of antiquities, some housed outside the gallery and outside the Ports Francs et Entrepôts de Genève. 

In rejecting Aboutaam's appeals, the higher court's final rulings reaffirms that the Swiss-based brother has to pay approximately 3.5 million Swiss francs ($4,125,444.82) in outstanding value-added tax (VAT), as assessed by the Bundesamt für Zoll und Grenzsicherheit (Federal Customs Administration) and largely affirmed by the Federal Administrative Court.  Ali was also ordered to pay late interest payments totalling approximately 900,000 Swiss francs (another $1,060,995.36).

In November 2021, Aboutaam had originally handed a SFr 1.6m fine via Swiss customs, including the costs of the proceedings.  The tax authorities came after the antiquities dealer in that instance after Phoenix Ancient Art imported 37 million Swiss francs worth of antiquities into Switzerland between 2010 and 2017, but without paying the applicable VAT. 

The high court's judges based July's decions on various elements confirmed within the Aboutaam's case files.  First, they noted that some of the artefacts had been stored and displayed within Ali Aboutaam's private home for an average period of between the end of 2012 and 28 February 2017, the date that his home was searched pursuant to two search and seizure orders, one issued by the Geneva Prosecutor and one issued by the Federal Customs Administration of the Swiss Confederation.  That search occurred in relation to a Swiss investigation into the movements of antiquities of suspicious provenance, or chain of title, or for being imported and exported potentially in violation of Swiss law governing cultural property.  

In issuing their taxation decisions, the Swiss high court recalled "that according to art. 30 para. 1 of the Federal Ordinance of 1 November 2006 on customs (OD; RS 631.01; cf.nature. 9 al. 1 and 2 LD), goods for temporary admission into the customs territory are admitted duty-free if they are the property of a person having his registered office or domicile outside the customs territory and if they are used by such a person (let. a), if they can be identified with certainty (let. b), if the admission lasts for a maximum of two years (let. c) and if they are re-exported in the same state, the use is not deemed to be a change (let. d). The procedure for temporary admission is provided for in Articles 162 to 164 OD." 

In rejecting Aboutaams tax-related appeals, the ruling judges and the court affirmed that the Swiss-based dealer had misused the relocation procedure, which allows goods intended for resale abroad to be exempt from import tax, by instead keeping some of these items for personal use.


Dib is the business partner of Hamburg-based dealer of Egyptian art Serop Simonian who was later arrested in Hamburg by German police on suspicion of art trafficking in August 2020 and released after only five weeks behind bars.  Subject to a European Arrest Warrant, Dib was then taken into custody by French authorities on 22 March 2022.   Likewise his business partner Serop, having surrendered in Germany, was extradited to France, where he too has been indicted on 15 September 2023 on charges of fraud and organised gang money laundering as well as for criminal association. 

Fairs, Retirement, Coins, and Wine

Despite these woes, over the summer Phoenix Ancient Art participated in the UK's annual Treasure House fair from 27 June 2024 through 2 July 2024.  When interviewed, Hicham Aboutaam, says that his brother retired two years ago from Phoenix Anicent Art S.A., “to focus on the establishment of a foundation”.  Michael Hedqvist, is now listed as MD/Chief Operating Officer (directeur) of the Swiss gallery.  Ali's own website, aliaboutaam.com, now has a page which states that the Geneva dealer is "Currently developing a collection of ancient Greek and Roman coins and rare wines. Reach out if that sounds interesting to you."   

From the 13,408 likes on the Instagram post at the top of this blog post, it doesn't seem like his social followers are overly perturbed by his legal entanglements. 

By:  Lynda Albertson

January 11, 2023

Wednesday, January 11, 2023 - ,,,,,,, No comments

Not surprisingly, and despite all of his protestations earlier, Ali Aboutaam has been convicted.


In a hearing that took less than an hour at the Geneva police court, Ali Aboutaam, the owner of the Geneva gallery Phoenix Ancient Art SA has been sentenced by the Swiss authorities.  Following on a complex and multi-year criminal and procedural investigation by officers and analysts with Switzerland's customs and anti-fraud divisions, working with the Geneva Public Prosecutor's Office, the Swiss-based merchant has been found guilty of forgery of titles.  A misdemeanour under Swiss law on the transfer of cultural property, his admissions come with an 18-month suspended prison sentence, three years probation and requiring him to pay procedural costs totalling 450,000 francs or approximately €454,410.

The courts also confirmed the seizure of 42 artefacts, confiscated due to their illicit origin which will be devolved to the Federal Office of Culture.  Several dozen other antiquities will be returned to the countries of origin.

Aboutaam's conviction and sentencing comes in response to a conspiracy which proved that the art dealer, with the help of accomplices, produced false certificates of provenance in relation to ancient art objects in circulation. Aboutaam was also found guilty of having knowingly paid at least one accomplice, who sourced antiquities from illicit excavations in various countries of the Middle East.

A statement extracted from the Swiss indictment read: 
"Ali Aboutaam knew or must have assumed that they had been wrongfully acquired". 

This particular Swiss investigation dates back to 20 December 2016 when around 5:10 p.m., at around 17:10 hours, when arriving from France by car, a Swiss border patrol officer stopped a grey Land Rover vehicle, registration No. GE777994 registered to the company Phoenix Ancient Art SA, rue Verdaine 6 & 1204 Geneva at the Veyrier border checkpoint. The car had been driven by Ali Aboutaam's driver and was transporting then-Germany based antiquities dealer Roben Galel Dib as a passenger. 

The testimony of the two persons revealed that Dib was in possession of an antique oil lamp, which neither the driver, nor the purported owner of the lamp, were able to provide documentation for proving the object’s provenance to the officers’ satisfaction.  Dib told authorities he was coming to Switzerland to "meet a girl" and that he was carrying the lamp with him because he had just had an appointment on this subject in Paris to have it restored. The object was sequestered, and an inspection of the car revealed the presence of 3 receipts for the rental of two storage units at the company Flexbox Self Storage, route du Nant-d'Avril 40 in 1214 Vernier, in the name of a conservator in Chanoy. 

Both the driver and Roben Dib were released after questioning around 2:00 AM the following morning, while on or around that same time surveillance footage of the storage warehouse listed on the receipts found in the car captured Ali Aboutaam’s wife, Biljana Aboutaam, the family's chauffeur and a housekeeper participating “several movements of merchandise".  Predicated on the foregoing, Swiss Customs Administration developed a “strong suspicion” that the warehouse was being used to store illegally imported art and antiquities. 

As is publicly now known, Roben Dib is the business partner of Hamburg-based dealer of Egyptian art Serop Simonian.  Dib was arrested in Hamburg by German police on suspicion of art trafficking in August 2020 and released after only five weeks behind bars.  

Subject to a European Arrest Warrant, Dib was then rearrested in Paris, France on 22 March 2022 after traveling there to discuss charges related to dealing in illegally trafficked Egyptian antiquities with French authorities.  

Both Dib and Simonian have been tied to million dollar illicit antiquities which have made their way (illegally) into the Metropolitan Museum of Art, the Louvre Abu Dhabi, and museum and private collections throughout the world on the basis of false provenance documentation, a subject which has been covered with frequency on this blog.  

In January 2016, a 3rd millennium BCE, alabaster plaque was displayed at the European art fair BRAFA after first passing through Port Franc, the free port of Geneva to Inanna Art Services, a subsidiary of Phoenix Ancient Art.  This artefact, according to a qualified Syrian archaeologist, likely came from the ancient Mesopotamian city of Mari.  This artefact was confiscated following an inspection operation, carried out by the Belgian Federal Public Service Economy (French: SPF Économie, Dutch: FOD Economie) along with a marble table in the context of a suspicion of illicit trafficking in antiquities. 


The plaque was first identified in the Aboutaam's Phoenix Ancient Art 2012 - Crystal IV catalogue, which listed the 39.5 cm 3rd millennium BCE plaque with an image of ritual worship as having a provenance of: 

"Ex Elie Bustros Collection, Beirut, 1950s-1960s"

implying that the artefact may have come from the Beirut dealer Elias (Elie) Bustros, purportedly active from at least the 1930s through by some records the 1980s.   

It should be noted that in addition to its Ottoman Empire laws an antiquities, the Syrian Republic's Antiquities Law, Decree No. 222, was enacted in 1963.  That law vested ownership of all antiquities in the State and prohibited the sale or transfer of antiquities without governmental approval. 

This is not, however, the only incidence where "Ex-Elie Bustros Collection" has been used in connection with an artefact handled by Phoenix Ancient Art.


Provenance:
Elias Bustros, Beruit 1950’s-1983;
By descent, 1983-1986?;
(Gawain McKinley, England, on behalf of Selim Dere and Sleiman Aboutaam, 1986)

Selim Dere is the owner of a New York antiquities gallery, Fortuna Fine Arts where Manhattan authorities executed a seizure warrant in June 2018. Erdal Dere (the son of Aysel Dere and Selim Dere), was indicted in the US indicted in relation to a conspiracy to defraud buyers and brokers in the antiquities market with the use of false provenance documentation. 

The Belgian identifications resulted in a separate four-year investigation overseen by the Belgian federal prosecutor's office into the activities of the Aboutaam brothers, who opened a branch of Phoenix Ancient Art in the city of Brussel's Sablon in 2017.  This branch was subject to police raids in 2019 ordered by Judge Michael Claise. 

By June 2021, a Lebanese intermediary of Phoenix Ancient Art had already been condemned by the Geneva public prosecutor for having imported archaeological objects looted in the Middle East.  This individual was identified as having travelled to Geneva four or five times a year, for four years, to deliver ancient objects to Ali Aboutaam. Arrested in Romania, he was extradited at the request of the Geneva public prosecutor's office.

That same year, in November 2021, Ali Aboutaam was handed a 1.6 million francs fine via Swiss customs, including the costs of the proceedings. The tax authorities came after the dealer in this instance for having imported 37 million francs worth of antiquities into Switzerland between 2010 and 2017 without paying the applicable VAT. 

Which brings us back to the present, the Swiss indictment, accepted by Ali Aboutaam within the framework of a simplified procedure, acknowledges the following, verbatim:

"Ali Aboutaam, in his capacity as administrator of Phoenix Ancient Art SA, has asked art experts, or has asked employees of Phoenix Ancient Art SA to obtain from art experts: produce and/or sign false invoices; and/or produce or cause others to produce documents indicating source that are contrary to reality, sometimes contained directly in invoices; and/or provide untrue source indications for use by others."

In another section of the indictment, Aboutaam agrees that the falsification  of provenance documentation was done to launder the artworks, giving them: 

"a pedigree aimed at dispelling suspicion of illicit provenance and/or to facilitate their customs transfer with a view to their sale on the art market through Phoenix Ancient Art SA, Tanis Antiquities LTB and Inanna Art Services SA, i.e. companies of which Ali Aboutaam has Control."

The mention of Tanis is significant.  It helps conceptualise the range of years where this shell company has been linked to questionable transactions and laundered antiquities.  In 13 December 2003 Hicham Aboutaam, Ali's brother, was arrested in the United States and charged with smuggling the silver ceremonial drinking vessel known as a rhyton into the United States from Iran and falsely claiming that it came from Syria.  That 2003 government complaint identified the gallery’s affiliate office in New York as "the Bloomfield Collection" and informed that the invoice for the artefact, declaring Syria as country of origin was issued by Tanis Antiquities, Ltd.  

Tanis Antiquities, Ltd comes up again very recently in the ongoing important French investigation involving materials sold to the Louvre Abu Dhabi.  As reported by the French newspaper Liberation, French investigators discovered that Jean-François Charnier's sister, Marie-Christine Charnier, had received money from the Aboutaam family via an account opened in a Moroccan bank, paid from the offshore structure controlled by the merchants, again, Tanis Antiquities Ltd., based in Saint Vincent and the Grenadines.  

The legal representative for Tanis Antiquities Ltd is, a Canadian citizen, of Lebanese origin, resident of Geneva, Ali Aboutaam.

I will close this article by mentioning that this is not the first occasion where the Aboutaam family, or Ali personally, has had run ins with legal authorities for their involvement  in the circulation of suspect artefacts originating from varying jurisdictions regarding trafficked objects from the Middle East.  In April 2004 Ali Aboutaam was tried in absentia in an Egyptian court and pronounced guilty and sentenced in absentia to 15 years in prison in a long-running trafficking ring that had smuggled Egyptian artefacts through Switzerland to Western dealers and galleries.  That investigation resulted in the convictions of 25 defendants, including several high-ranking Egyptian police and government officials and nine foreigners. 

January 29, 2020

Wednesday, January 29, 2020 - ,,, No comments

30 art objects held in precautionary seizure at the Brussels Antiques & Fine Arts fair



Begun in 1956, BRAFA, the eight day Brussels Antiques & Fine Arts fair (Salone dell'Antiquariato e dell'Arte di Bruxelles) is Europe's most unashamedly eclectic art fair, covering artworks from antiquity to even a charity auction of five original segments of the Berlin Wall.  Kicking off Europe's annual art market sales, the event takes place inside the former Entrepôt Royale at the Thurn & Taxis railway depot which overlooks the industrial canal that links Brussels to the North Sea.  There it gathers together some 50 Belgian and 83 international galleries, showcasing more art than one can find in some fine museums around the globe, and attracting everyone from the curators of important museums to wealthy millionaires.


That said, despite the champagne, candelabras and exclusivity, the 65th edition has got off to a bumpy start.  Despite what some feel is a sufficiently strict vetting process, which is said to examine each work prior to the fair’s opening, relying on a panel of 100 independent experts, checks by the Art Loss Register, and a scientific laboratory specialising in the analysis of art objects, a number of artworks have raised concerns in the days leading up to the fair's opening.

A joint inspection operation, carried out by the Belgian Federal Public Service Economy ( French: SPF Économie, Dutch: FOD Economie), conducting routine controls to make sure that exhibitors fully respect all regulations according to the import, export and transit of goods revealed some objects of concern.  The inspectors attention is reported to have been focused on merchandise, intended for sale directly, or under consignment by various dealers listed in the Belgian news journal L'Echo.  

Following their preliminary inspection, authorities moved forward with what is known as a precautionary seizure, or the freezing of a traceable asset, for a total of thirty ancient artifacts and tribal art objects, on the basis that the objects were either of suspect authenticity or may be proven to have issues of concern regarding their provenance.

Speaking to journalists with the Belgian business newspaper, L'Echo, the deputy spokesperson of the FPS, Étienne Mignolet, confirmed that on January 27, the FPS Economy (Directorate General of Economic Inspection) carried out a routine check of some of the dealers participating at the BRAFA fair.  Mignolet, stated:


That review, in turn, resulted in the precautionary seizure of some works of art.  


In addition to the seizures, two merchants, from France and Mali, were taken into custody.   
Youtube Screen Capture:
 https://www.youtube.com/watch?v=XObAk1kDVp4

Other dealers exhibiting at BRAFA in previous years have undergone probes into allegations of art trafficking from current war zones.  In 2018 Jaume Bagot Peix, once hailed as the "child prodigy of ancient arts" and a regular dealer at BRAFA through his business J. Bagot Arqueología Ancient Art, was arrested by Spanish authorities on suspicion of jihadi terrorist financing through the sale of illicit antiquities, some of which he displayed at the Brussels-based fair.   Earlier, in 2016, the Wall Street Journal reported that Belgian customs authorities seized objects sent to Belgium for the BRAFA fair by Phoenix Ancient Art SA, cofounded by Hicham  and Ali Aboutaam.  The objects were two 4500-year-old bas-reliefs from Syria. Both cases are ongoing.


While it has been noted in the press by BRAFA administration that these types of controls are commonplace prior to the Fair,  the art fair organizers fully support the general goal of transparency and due diligence within the art art market and fully cooperates with the authorities in the common interest of insuring the best practices within legal art market.

Update 29 January 2020/18:50:  ARCA has received a Press Release from the BRAFA fair administration.  This document (in French) can be downloaded here and is translated into English below.  This release seems to indicate that several of the dealers mentioned in the L'Echo and other Belgian news article were not subject to seizures.   Please see that BRAFA press release in its entirety below.

-------------------

PRESS RELEASE - 29.01.2020
Official correction to the article published in L’Echo and relayed by other Belgian media this Wednesday 29 January 2020.
BRAFA confirms that a routine check was carried out by the SPF Economy this Monday, January 27 in the morning.
This is a usual procedure which, moreover, takes place regularly at the various trade fairs in Belgium and abroad. BRAFA has always collaborated with the various administrative services and maintains a completely transparent relationship with them.
Certain pieces were in fact the subject of a simple conservatory seizure pending further information.
It is important to note that none of the items seized were on display on the BRAFA. Following the internal appraisal procedure, these objects were stored in a reserve closed to the public and exhibitors throughout the duration of the show. This procedure for admitting objects is in force at all international fairs and is based both on an examination of authenticity and on the guarantee of its provenance, but also on its intrinsic artistic quality.
BRAFA deplores the publication of names of galleries which are not involved in the current checks (Aaron, Desmet, Cybèle, De Jonckheere), as well as the use of illustrations from other galleries completely foreign to the subject of the article. BRAFA regrets the negative image and the confusion that can arise from the publication of erroneous information, being normal and routine procedures, which has been going on for many years.
BRAFA - Brussels Art Fair - 26/01 → 02/02/2020Tour & Taxis, Avenue du Port 88 - 1000 Brusselswww.brafa.artAlso follow BRAFA on Facebook, Twitter, Instagram, LinkedIn and YouTube.Press contact Belgium and international coordinationBruno Nélis - b.nelis@brafa.be - Tel +32 (0) 2 513 48 31 - GSM +32 (0) 476 399 579

March 26, 2019

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Court dismisses Hicham Aboutaam complaint against Dow Jones & Company's for Benoit Faucon and Georgi Kantchev's Wall Street Journal article discussing the family's ancient art business



In July 2017 antiquities dealer Hicham Aboutaam sued the Rupert Murdoch-owned Wall Street Journal’s corporate parent Dow Jones & Co., in New York County Supreme Court over an article titled “Prominent Art Family Entangled in ISIS Antiquities-Looting Investigations” which was published in the Wall Street Journal on May 31, 2017 claiming his family's business and reputation had been damaged by the article written by WSJ reporters Benoit Faucon and Georgi Kantchev .  The journalists, who shared a byline on the article, were not named as defendants in the lawsuit.

In the filed 30 page complaint, Hicham Aboutaam as Plaintiff requested unspecified damages based on claims of libel and defamation.

In a ruling before the New York State Supreme Court, New York County, dated March 22, 2019 and filed today, Honorable Robert D. Kalish J.S.C granted the Motion of the Defendant, Dow Jones & Company, dismissing the complaint in its entirety.  The Court ruled that "the thrust of the article was that Plaintiff's family –"one of the most storied families in the international antiquities business"– is being investigated and scrutinized about the selling of looted antiquities and whether the family business is dealing in items looted by ISIS and then sold through dealers like Plaintiff and his brother Ali."  

In making his ruling, Kalish added:

"By no means does this Court's decision seek to undermine the serious consequences that sometimes follow a news organization's decision to publish details of an ongoing investigation by law enforcement.  However, the decision to truthfully report on an ongoing law enforcement investigation is ultimately a question of journalistic judgement.  Unless the reporting on such an investigation is materially false or affirmatively creates false suggestions, it is not for the courts to question an editorial judgement to report on an ongoing investigation." 

As the Court dismissed the plaintiff's causes of action for libel and defamation by implication, the Court did not address the Defendant's, Dow Jones & Co., argument that the Plaintiff failed to plead actual malice with regard to both causes of action.

In an email exchange regarding the Court's decision, Steve Severinghaus, Senior Director of Communications with Dow Jones stated "We are gratified by the court's decision to dismiss Mr. Aboutaam’s lawsuit against Dow Jones."

Suspect antiquities, traceable to ancient art sales through Hicham and Ali Aboutaam's companies have been written about with recurring frequency on the Association's blog.

It should be remembered that Hicham Aboutaam was arrested in 2003 for smuggling a looted ceremonial drinking vessel from Iran into the US, claiming that it had come from Syria.  Hicham pled guilty to the charges in 2004, paid a fine, and the vessel was returned to the Iranian authorities. As a result of that incident, Hicham Aboutaam stated that his conviction stemmed from a "lapse in judgment."

In the past, the Egyptian authorities accused Ali Aboutaam of involvement with Tarek El-Suesy (al-Seweissi), who was arrested in 2003 under Egypt’s patrimony law for illegal export of antiquities. Ali Aboutaam was tried in absentia, pronounced guilty and was fined, and sentenced to 15 years in prison in the Egyptian court in April 2004 after he was accused of smuggling artefacts from Egypt to Switzerland.  To date, Ali Aboutaam has not served any of the Egyptian sentence. 

The Aboutaams voluntarily repatriated 251 Antiquities valued at $2.7 Million to the State of Italy in May 2009 when the objects were tied to one of Italy's most notorious smuggling rings.


By Lynda Albertson

January 15, 2018

Monday, January 15, 2018 - ,,,,,,,, 1 comment

IDs from the archives in the Michael Steinhardt and Phoenix Ancient Art seizures

Image Credits:
Left - Symes Archive, Middle - New York DA, Right - Symes Archiv,

Earlier today ARCA was informed by Christos Tsirogiannis of matches that he has made from the confiscated archives of Medici, Becchina and Symes-Michaelides which are related to the recent antiquities seizures made by the state of New York law enforcement authorities earlier this month.

Identifications made from these archives, confiscated by the Italian authorities (with the cooperation of the French and Swiss) and Greek police and judicial authorities, have already facilitated numerous repatriations of antiquities which have passed through the hands of traffickers whose networks are known to have plundered objects from Italy and Greece.

Of the 16 artifacts reported as seized by the Manhattan District Attorney's Office from the home and office of retired hedge-fund billionaire Michael Steinhardt and Phoenix Ancient Art, an ancient art gallery co-owned by Hicham Aboutaam in New York City, Tsirogiannis has tied 9 objects conclusively to photos in all three archives.  Several others objects might be a match, but the DA's publically released photos have been taken from differing angels or opposite sides of the objects so they remain to be confirmed.

The object at the top of this article, a Greek Attic Monumental White-Ground Lekythos used to pour ritual oils at funeral ceremonies, seized from Michael Steinhardt's property,  matches 5 images from the archive of British former antiquities dealer Robin Symes, all of which depict the vessel from various sides.


The Proto - Corinthian pottery figural representing an owl;
the Corinthian terracotta figural vessel representing a lion;
the Corinthian Bull’s Head;
the Ionian sculpture figural representing a ram’s head;
and the Attic Aryballos in the form of a Head of an African;
--were each purchased by Steinhardt in either 2009 or 2011.

These 5 objects along with the Rhodian Seated Monkey seized at Phoenix Ancient Art each match photographs found in the archive of antiquities dealer Giacomo Medici.

The Apulian Rhyton for libations in the form of a Head of an African listed in the warrant appears in a photocopied photo in the archive of antiquities dealer Gianfranco Becchina.

It should be noted that in the joined composite image of the archive photos above, each of the six antiquities have been photographed by someone using the same light-colored hessian (burlap) material as a neutral background.  This could indicate that the antiquities where photographed by a singular individual once the objects arrived under Medici's control. Alternatively, it could mean that the ancient objects have been photographed by a singular individual who then shopped the objects, directly or indirectly, through illicit channels to Medici, who in turn, kept the photographs in his archive as part of his inventory recordkeeping.

As demonstrated by this case, each of these dealer's inventory photos provide valuable insight into the illicit trade in antiquities and which when combined, includes thousands of ancient objects from all over the world.  Many of these objects, those without documented collection histories, likely passed through the hands of smugglers, middlemen, and antiquities dealers who "laundered” the illicit objects onto the licit market.

It would be interesting to know, from the antiquities buyer's perspective, how many private investors of ancient art, having knowingly or unknowingly purchased illicit antiquities in the past, later decide to facilitate a second round of laundering themselves, by culling the object from their collection and reselling the hot object on to another collector.  By intentionally failing to disclose the name of a known tainted dealer, these antiquities collectors avoid having to take any responsibility for the fact that they too have now become players in the game.

While staying mum further facilitates the laundering of illicit antiquities, this option may be seen as far easier to collectors who have invested large sums into their collections than admitting they purchased something, unwisely or intentionally, with a less than pristine provenance pedigree.  To admit to having bought something that potentially could be looted might bring about the loss of value to the asset.  Furthermore by confirming that the antiquity has an illicit background as verified in archives like those of these traffickers, would then render the object worthless on the licit art market.  Worse still, it is likely that their antiquity would then be subject to seizure and repatriation.

By: Lynda Albertson

January 9, 2018

Tuesday, January 09, 2018 - ,,,,,, No comments

List of 6 (additional) objects and warrant details on objects seized from Phoenix Ancient Art by New York State District Attorney's Office

Copy of search warrant executed at Phoenix Ancient Art in New York can be viewed here.

On Friday, January 5, 2018, Manhattan district attorney, Cyrus R. Vance Jr., and assistant district attorney Matthew Bogdanos also initiated seizures at Phoenix Ancient Art, New York, in connection with an investigation into the purchase of illicitly trafficked antiquities.

The second-generation family business Phoenix Ancient Art has galleries in New York and Geneva. The business was founded by Sleiman Aboutaam in 1968 and is now operated by his sons, Hicham and Ali Aboutaam.  The Aboutaam name comes up frequently on ARCA's blog. 

The search warrants executed at 47 East 66th street resulted in the seizure of the following objects:


A) Rhodian Seated Monkey with missing arms (the “Seated Monkey”)
Period: dating to 580-550 BCE
Measurement: 5.25 inches tall
Valued at: $150,000


B) Attic Female Head Flask (the Female Head Flask”)
Period: dating to 500-490 BCE
Measurement: 5.5 inches tall by 2 inches wide.
Valued at: $80,000


C) Ionian figural vessel representing a Siren (the”Siren Vessel”)
Period: dating to 500-525 BCE
Measurement: 4 inches tall by 4.5 inches wide.
Valued at: $35,000


D) Teano Ware figural representing a Dove (the “Dove”).
Period: dating to 330-300 BCE
Measurement: 4.5 inches tall by 2.5 inches wide.
Valued at: $25,000


E) Corinthian figural representing a Ram (the “Ram”) painted with black dots.
Period: dating to the 6th century BCE
Measurement: 2 1/8 inches tall by 3 1/8 inches wide
Valued at: $20,000


F) Corinthian figural representing a Sea-Serpent with a human torso and head of a man (the “Sea-Serpent”) painted with black dots.
Period: dating to the 6th century BCE
Measurement: 4.5 inches tall by 1.75 inches wide
Valued at: $140,000

In addition to the antiquities, as with the seizures which were executed at Michael Steinhardt's residence and office, the DA's seizure warrant called for the seizure of:

any and all documentation or other evidence related to the appraisal, consignment, sale, possession, transportation, shipping, provenance, importation, exportation, restoration, marketing, or insurance of the listed antiquities, including but not limited to appraisals, insurance policies, agreements, leases, contracts, emails, letters, invoices, receipts, documents, handwritten notes, internal memoranda, photographs, recordings, financial records, address books, date books, calendars, and personal papers;

found in the premises and that constitutes evidence, and tends to demonstrate that the crime of Criminal Possession of Stolen Property in the Second Degree was committed.

September 25, 2017

Monday, September 25, 2017 - ,,,,,, 1 comment

The Illicit Passages of a Marble Head of a Bull (ca 500-460 BCE) and some familiar names


Marble Head of a Bull (ca 500-460 BCE),
 (image courtesy the Metropolitan Museum of Art, New York
July 6, 2017 Manhattan prosecutors initiated custody of a 2,300-year-old marble bull's head, that was on loan to the Metropolitan Museum of Art over suspicions that the antiquity had been pillaged from Lebanon.  In additional documents filed with New York’s Supreme Court on September 22, 2018 by Manhattan Assistant District Attorney Matthew Bogdanos, senior trail council in the office of New York County District Attorney Cyrus R. Vance Jr., New York authorities reconstruct the journey of this ancient sculpture from its theft during the Lebanese civil war through its passage in the hands of antiquities dealers well known to readers of this blog.

Damningly, the report further outlines the extreme lack of due diligence on the part of wealthy US collectors who purchased the stolen object for their collections despite the sculpture's alarming lack of legitimate pedigree.

The State of New York's 68-page Application for Turnover goes into painstaking detail on how this plundered antiquity made its way to the United States.  This entire document can be read here.

Jason Felch, has also given an excellent distilled synopsis of this court document on his blog.  His summary can be found here. 

The bull's head sculpture was acquired by Lynda and William Beierwaltes on November 27, 1996 for US$1.2 million from one of the (now) most notorious dealers in the antiquities world, Robin Symes.


Building one of the world's largest ancient art businesses, tainted Symes and Michailidis antiquities also were purchased for museum collections around the globe, including the J Paul Getty Museum, the Minneapolis Institute of Arts and the Metropolitan Museum.   At the height of their unethical enterprise Italian authorities estimated that Symes and Michailidis' jointly-run ancient art business earned them an estimated 170 million euro, but a series of missteps proved the Symes' undoing, literally and figuratively and in 2005 he served 7 months of a 2 year jail sentence for disregarding court orders over the sale of a £3M Egyptian statue.

Art Dealer Robin Symes
In 2006 Symes was further implicated as being part of one of the most sophisticated illicit antiquities networks in the world.   In the book “The Medici Conspiracy: The Illicit Journey of Looted Antiquities from Italy's Tomb Raiders to the World's Greatest Museums” Peter Watson and Cecelia Todeschini outline Symes' assets which included thirty-three known warehouses encompassing some 17,000 objects worth an estimated £125 million ($210 million).The writers also clearly illustrate  Symes ties to traffickers connected through Europe's illicit antiquities trade. Each of the museums mentioned above were subsequently forced to relinquish purchased looted objects that had been laundered illegally and which at one time had passed through illicit networks connected to Symes.  This is likely one of the reasons why the loaned object rang alarm bells with curatorial staff at the Metropolitan Museum. 

It is worth noting in relation to the bull's head that according to Bogdanos' Application for Turnover, the bulk of the Beierwaltes' substantial collection had been sourced through Symes and his partner.  Also of note, it wasn't long after Symes' January 2005 sentencing that the Colorado couple elected to contact Hicham Aboutaam and his brother Ali about the possibility of their firm, Phoenix Ancient Art, acting as their agents in the sale of objects from their collection originally acquired through Symes.

After the Aboutaam's appraisal, the couple elected to consign the marble sculpture and other objects to Phoenix Ancient Art where the brothers' firm would act as the Beierwaltes' exclusive dealer. In 2010, the Aboutaams then brokered the sale of the bull's head to Michael Steinhardt and Steinhardt shortly thereafter, finalized the loan to the Metropolitan Museum of Art.

After learning that the object was to be subject to seizure, Steinhardt then prssured the Beierwaltes to take back the object and compensate him for his losses.

If it seems too good to be true, it probably is.

In their pursuit of the rare and beautiful, both Steinhardt and the Beierwaltes are not amateurs when it comes to collecting ancient art. Both have amassed million dollar collections and both should have been able to recognise the material consequences of the illicit trade in providing material for the market.  Furthermore, the limited collection documentation associated with these objects should have raised further red flags.  With such a spartan amount of documentation, both collectors should have walked away from the object doubting its legitimacy on the licit market.  Yet neither collector put much, if any, emphasis on rigorously researching the provenance of the object prior to its acquisition.

In the case of the Beierwaltes it also seems possible that the couple, having learned of Syme's problems with the law, established a consignor/consignee relationship with Phoenix Ancient Art and the Aboutaams in order to recoup a portion of their their financial investment once they came to see the associated liability of having a $95 million collection sourced by, and purchased through, Robin Symes.

July 18, 2017

Tuesday, July 18, 2017 - ,,,, No comments

Long-time antiquities dealer Hicham Aboutaam has sued the Wall Street Journal


Long-time antiquities dealer Hicham Aboutaam has sued the Rupert Murdoch-owned Wall Street Journal’s corporate parent Dow Jones and Company in New York County Supreme Court on Monday over an article titled “Prominent Art Family Entangled in ISIS Antiquities-Looting Investigations” which was published in the WSJ on May 31, 2017.  The Journal’s reporters Benoit Faucon and Georgi Kantchev shared a byline on the article but have not been named as defendants in the lawsuit.  

Faucon, a Senior Report for the Wall Street Journal, has long covered issues related to OPEC and the oil industries of Iran, Libya, Nigeria and Algeria. More recently he has been working on investigative reports involving illicit trafficking, money laundering or terrorism financing.  Kantchev is a London-based reporter primarily covering financial markets.

In the 30 page complaint Aboutaam demands unspecified damages on two claims of defamation.

Publication, ID, Defamation, Falsity and Fault

These are the five elements that a plaintiff must successfully demonstrate in most liable suits against the mass media.

In general, under New York State Law, to recover for libel (injury to one’s reputation from a written expression), Hicham Aboutaam will need to establish five elements outlined in Celle v. Filipino Reporter Enters. Inc., 209 F.3d 163, 176 (2d Cir. 2000). 

Those elements of a defamation claim are:

(1) a written defamatory statement of fact concerning the plaintiff;
(2) publication to a third party;
(3) fault (either negligence or actual malice depending on the status of the libeled party);
(4) falsity of the defamatory statement; and
(5) special damages or per se actionability (defamatory on its face).

As the result of First Amendment concerns, when a defendant is a media publisher or broadcaster, a private plaintiff must establish that the media defendant “acted in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed by responsible parties”  (Chapadeau v Utica Observer-Dispatch, 38 NY2d 196, 199 [1975] with respect to a matter of public concern.

Plaintiffs must also prove that the alleged defamatory publication refers to them. This element of a libel lawsuit often is referred to as the “of and concerning” principle.

“Sticks and stones may break my bones
But names will never hurt me.”
    --19th Century English nursery rhyme

Suspect antiquities, traceable to ancient art sales through Hicham and Ali Aboutaam's companies have been written about with recurring frequency on the Association's blog.

It should be remembered that Hicham Aboutaam was arrested in 2003 for smuggling a looted ceremonial drinking vessel from Iran into the US, claiming that it had come from Syria.  Hicham pled guilty to the charges in 2004, paid a fine, and the vessel was returned to the Iranian authorities.  Hicham Aboutaam stated that his conviction stemmed from a "lapse in judgment."

In the past, the Egyptian authorities accused Ali Aboutaam of involvement with Tarek El-Suesy (al-Seweissi), who was arrested in 2003 under Egypt’s patrimony law for illegal export of antiquities. Ali Aboutaam was tried in absentia, pronounced guilty and was fined, and sentenced to 15 years in prison in the Egyptian court in April 2004.  To date, he has not served any of the Egyptian sentence. 

The Aboutaams voluntarily repatriated 251 Antiquities valued at $2.7 Million to the State of Italy in May 2009 tied to one of Italy's most notorious smuggling rings.

Perhaps the brothers might wish to consider which of the aforementioned elements, an article by the Wall Street Journal or engaging in suspect trading practices, has the greater potential for damaging their reputation.

By Lynda Albertson

April 20, 2017

Thursday, April 20, 2017 - , No comments

Repatriation: The Cleveland Museum of Art returns WWII looted bust of Drusus Minor to Italy

Sometimes the repatriation of a looted object is a long time coming. 

Tuesday, April 18, 2017 the Cleveland Museum of Art and Italy's Ministero dei Beni e delle Attività Culturali e del Turismo - MiBACT announced with great public fanfare and press releases that an agreement had finally been reached for the transfer of a marble portrait head representing Drusus Minor (Drusus Julius Caesar, 13 B.C.E.-C.E. 23) back to its country of origin.

The object was part of a group of sculptures excavated in the 1920s that had been displayed in the Civic Museum of Sessa Aurunca from 1926 until it went missing some 70+ years ago at the end of the Second World War.  It is speculated that the object was taken by military personnel, perhaps in search of war mementos.

When the museum first announced the object's acquisition in 2012 they made no mention of who the marble head was purchased from, nor what the purchase price was.  

Seeking to establish an exception to the AAMD's Guidelines on the Acquisition of Archaeological Material and Ancient Art the cached version of the now removed AAMD website object information page listed the object's details and collection history as follows:

Object Title:  Head of Drusus Minor (13 B.C. – A.D. 23)Measurements:  H. 35 cmCreation Date:  probably after A.D. 23 and likely before A.D. 37Credit Line:  Leonard C. Hanna, Jr. FundMuseum Name:  The Cleveland Museum of ArtCulture:  RomanCountry of Origin:  AlgeriaObject Type:  SculpturesMaterials / Techniques: MarbleProvenance Information: Fernand Sintes before 1960; sold at auction at Hôtel Drouot-Richelieu Paris on September 29, 2004, lot. no. 340, unknown purchaser; Phoenix Ancient Art, S.A.(2004); sold to the Cleveland Museum of Art by Phoenix Ancient Art in 2012.Exhibition Information:  No DataPublication Information:  Piasa, Paris, Hôtel Drouot-Richelieu, Archéologie, 28–29 Septembre (Paris 2004) 74, lot. no. 340. Phoenix Ancient Art, Imago, Four Centuries of Roman Portraiture, (New York 2007) cover, III.

Section of the AAMD Guidelines relied upon for the exception to 1970: 

Cumulative facts and circumstances - Explain why the object fits the exception set forth above: The Cleveland Museum of Art has provenance information for this work back to the 1960’s, but has been unable to obtain documentary confirmation of portions of the provenance as described below. The work was sold at public auction in 2004 when it first appeared on the art market. The work was initially identified and published as Tiberius, but was later (after 2007) recognized as a likeness of his son, Drusus Minor. A certificate of origin was issued dated the day after the auction by Jean-Philippe Mariaud de Serres (deceased 2007), who assisted the prior owner and consigner, Fernand Sintes. The certificate stated the sculpture came from the collection of Mr. and Mrs. Sintes of Marseilles; that the sculpture had been in Mr. Sintes’s family for many generations; that the family’s name was Bacri; and that they had lived in Algeria since 1860. The museum contacted Mrs. Sintes who confirmed on behalf of herself and Mr. Sintes that Mr. Sintes’ grandfather, Mr. Bacri, had owned the sculpture; that Mr. Sintes inherited the sculpture from his grandfather; that Mr. Sintes brought it from Algeria to Marseilles in 1960; that he had inherited it from his grandfather prior to bringing it to Marseilles; that the sculpture was sold at the Hôtel Drouot in 2004; and that they had worked with Mr. de Serres. The portrait, monumental in scale and of great historical importance, belongs to a major category of Roman imperial portraiture not otherwise represented in the collections of the Cleveland Museum of Art.

Drafted by the the Association of Art Museum Directors and adopted by the AAMD member institutions in the US, Canada and Mexico, the AAMD guidelines, set standards by which member museums should conduct due diligence when acquiring archaeological material and ancient art.  These guidelines serve to discourage member museums from purchasing antiquities unless solid collection histories prove that the object was outside its country of probable modern discovery before 1970, or was legally exported from its probable country of modern discovery after 1970.

Filling in the gaps on one repatriated object's collection history 

Through the dedicated work of multiple researchers, archaeologists, and lawyers in Italy, France, the UK, the US and Poland, we know the following:

The French auction house's website recorded that the sculpture was sold as lot. 340 to an anonymous buyer at a Hôtel Drouot auction in Paris on September 29, 2004 for €324,000. 

The Cleveland Museum of Art acquired the ancient Roman portrait of the son of Emperor Tiberius 8 years later, from Phoenix Ancient Art, an antiquities dealer with galleries in Geneva and New York, whose has been discussed with recurring frequency on the Association's blog.

 An image of the Drusus Minor bust graces the cover of the 2007 edition of the Phoenix Ancient Art catalog Imago, dedicated to four hundred years of Roman portraiture.  This cover photo can be seen in the screenshot taken from the dealer's eTiquities website below. 


It is unclear if the bust remained in the Aboutaam brothers' inventory from its 2004 purchase until its eventual purchase by the museum in 2012.

The museum's 2012 purchase was made possible from a credit line tapping the Leonard C. Hanna, Jr. Fund.  Iron, coal, and shipping magnate Leonard C. Hanna Jr. was an avid art collector, theatergoer, and patron of the arts. At his death, Hanna left a bequest of $34 million USD to the Cleveland Museum of Art making it the best-endowed art museum in the United States.  Income from the Hanna endowment fund is restricted to the purchase of art.

Sessa Aurunca, Remains of the theatre (scavi 1925–1926)
Image Credit: Soprintendenza Archeologia della Campania
In the October-December 2014 Bollettino D’Arte, produced by Italy’s Ministero dei Beni e delle Attività Culturali e del Turismo, author Giuseppe Scarpati deduced that documentation stored in the Neapolitan archives of the Superintendence Archeologia della Campania, included previously unpublished photos which catagorically confirm that the object was originally discovered between 1925-1926 in Italy when Amedeo Maiuri was excavating the Gagliardella district of Sessa Aurunca, near the site's theater.

The black and white photos found in the Naples archives were taken in 1926. Contact find records of the documented measurements for the ancient marble head, also match records from the Cleveland museum's ancient art collection. 

Image Credit Top Left and Bottom, Soprintendenza Archeologia della Campania, 1926
Image Credit Top Right: ARCA
In a still earlier Italian article, published before the museum's purchase, by the Italian Societá Nazionale di Scienze Lettere ed Arti Napoli, Volume LXXV 2008-2011,  Scarpati had already documented the find images, as well as site diagrams by Sergio Cascella whose documentation reconstructs the zone of the the excavation find spot, the theatre at Sessa Aurunca.

With all this documentation, transfer of the object by the Cleveland Museum of Art back to Italy was clearly the only appropriate resolution.

But will the museum will be reimbursed by Phoenix Ancient Art?

At the time of this article, William Griswold, the museum's director at the Cleveland Museum of Art declined to comment on whether his museum would be reimbursed by the Aboutaams. 

And if the museum is not reimbursed? 

According to a 2014 US government, there are upwards of 35,000 museums in America.  But how many museums employ dedicated provenance researchers to conduct research, to trace an object's history of ownership, and to clarify the circumstances surrounding the potential costly acquisition of an artwork or an antiquity with illicit or looted origins?

In 2016 Cleveland Museum of Art was named the second best museum in the U.S. by Business Insider magazine, just one step behind the Metropolitan Museum of Art in New York City. Perhaps given the diplomatically touchy nature of repatriating looted objects, which necessitates both parties drafting tedious carefully-agreed upon press releases about how wonderful one another is, museums might be wiser to invest in more personnel with solid provenance researching backgrounds to vet objects before their purchase.

In the long run, provenance researchers are cheaper than having to forfeit a pricey accessioned treasure, not to mention,  museum directors aren't subjected to those cheesy photo opportunities with cultural attachés wearing diplomatically-pasted-on grins.

Food for future purchasing thought

 A statement from the ICOM International Observatory on Illicit Traffic in Cultural Goods states: 

Might be worthwhile to re-read this suggestion before signing a check for that new must-have acquisition.  Failure to engage in due diligence causes institutions like the Cleveland Museum of Art  to suffer at their own hands.

By:  Lynda Albertson


References accessed and interviews used for this article
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ARCA internal research data

Avvocatura dello Stato and the Procuratore Aggiunto dello Stato, Italy

Ministero dei Beni e delle Attività Culturali e del Turismo

Stefano Alessandrini, consultant to Ministero dei Beni e delle Attività Culturali e del Turismo and the L'Avvocatura dello Stato - Italy. 

Paul Barford, http://paul-barford.blogspot.it/search?q=drusus+cleveland&max-results=20&by-date=true

Sergio Cascella - https://www.academia.edu/2199517/Un_ritratto_di_Tiberio_da_Sessa_Aurunca_ritrovato_RAAN_LXXV_2008-2011_pp._345-368

David Gill, http://lootingmatters.blogspot.it/search?q=drusus+cleveland&max-results=20&by-date=true

Giuseppe Scarpati - https://www.academia.edu/24236780/IL_RITRATTO_DI_DRUSO_MINORE_DAL_CICLO_STATUARIO_GIULIO_CLAUDIO_DI_SESSA_AURUNCA


Rick St. Hilaire - http://culturalheritagelawyer.blogspot.it/2017/04/drusus-head-revisited.html

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