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September 22, 2010

Wednesday, September 22, 2010 - , No comments

Two Forfeited Works Returned to Brazil

"Modern Painting with Yellow Interweave", Roy Lichtenstein
Art crime does not just include the theft of works of art or the looting of antiquities.  The value and portability of works of art make them a very convenient way to launder money as well.
I am quoted in a piece for NPR affiliate WNYC discussing the return of two objects to Brazil. 

This work by Roy Lichtenstein and another work by Joaquin Torres-Garcia were returned to the government of Brazil today during a ceremony in New York (press release).  The works were once owned by the disgraced Brazilian banker Edemar Cid Ferreira who was convicted and sentenced to 21 years in prison in 2006 for financial fraud.

A judge in Brazil ordered Ferreira to surrender his unlawfully-gained assets.  In an attempt to conceal some of these assets, these works were shipped to the Netherlands and then to New York where they were sold to unsuspecting buyers. The paperwork accompanying these works valued them at only $200, while they may be worth as much as $12 million.

This is an example of the use of civil forfeiture in policing the art and antiquities trade.  The "Portrait of Wally" settlement reached earlier this summer was also reached via forfeiture. Forfeiture allows prosecutors to bring a suit against an object which was part of a crime, and all claimants to the object come forward to challenge the forfeiture.  It is a powerful tool for prosecutors, as the burden of proof is far lower than the typical "beyond a reasonable doubt" standard typically involved in prosecutions.  Historically, federal prosecutors have intervened on behalf of origin nations or claimants when they have potential claims. Yet it has also been a useful tool in policing organized and white collar crimes. 
  1. Marlon Bishop, Lichtenstein and Torres García Paintings On the Way Back to Brazil, WNYC, September 21, 2010, http://culture.wnyc.org/articles/features/2010/sep/21/us-returns-brazilian-art/ (last visited Sep 21, 2010).
  2. Erica Orden, U.S. Returns Valuable Paintings Seized From Ex-Banker to Brazil, wsj.com, September 21, 2010, http://online.wsj.com/article/SB10001424052748704129204575506181973997368.html (last visited Sep 21, 2010).

August 28, 2010

Saturday, August 28, 2010 - ,,, No comments

More on the Security Breakdown in Cairo

The stolen work, "Poppy Flowers"
 A week ago today the 1887 work Poppy Flowers, by Vincent van Gogh was stolen from a Cairo museum.  Hadeel Al-Shalchi has a very good piece reporting on the security (or lack of it) at the Mahmoud Khalil museum in a piece for the AP which you can read on MSNBC. 

I'm quoted at the end of the piece, noting that the best way to protect works of art is not necessarily with an elaborate electronic security system.  Those alarms and sensors certainly play an important role, but for a nation like Egypt, an active, engaged security guard who isn't dozing off as these guards perhaps were, would seemingly have been a successful deterrent for the thieves.  They apparently walked in and cut the work from the frame during hours the museum was open.  And I want to make clear that when I was quoted in the piece saying "It's not an exciting job, but you need to take it seriously", I mean that security staff at museums are professionals, and should be given that status.  In Cairo, these guards were certainly not expected or required to maintain an adequate standard, and the theft and damage of this artwork is the unfortunate result.  But hopefully Egypt will learn from this crime, and enact some sound security procedures to ensure more works of art are not stolen in the future. 

When Ms. Al-Shalchi called me to discuss the theft, she told me she had learned that many of the guards may have been praying—this is still Ramadan—while the theft was taking place, that they may have been dozing off, and that the museum was not heavily visited on the day of the theft.  But perhaps most troubling of all were the breakdowns in technology at the museum.  As the piece states, there were no working alarms, only seven of the 43 cameras were in operating condition, and video from the cameras is recorded only when a guard "senses" an incident may be taking place.  As Ton Cremers, founder of the Museum Security Network says, this is not a good state of affairs for the protection of such valuable artworks: "The value of the van Gogh is $40 (million) to $50 million . . .  A complete security system of that museum would be $50,000, and to keep it running would cost $3,000 a year. ... Need I say more?"

Also of interest will be the arguments against repatriation of other classes of objects—such as the bust of Nefertiti—on the grounds that Egypt is not going to be able to adequately care for the object when it is returned.  yet Art theft occurs in every nation, and bad security is bad security whether the museum is in Egypt, Europe, or North America.  Thieves will exploit obvious gaps in security.  As Mark Durney, current moderator of the Museum Security Network, asked this week "Why are some national collections not as well protected as others? Who, in addition to the thief, is responsible for the theft?"  I think that is the right set of questions to ask, yet they need to be asked whenever a museum is unprepared for a theft, whether that museum is in Egypt, or France—where the security system at the Modern Museum may have not been in working order earlier this summer when five works were stolen. 
  1. Hadeel Al-Shalchi, Security problems abound in Egypt's museums, Associated Press, http://www.msnbc.msn.com/id/38884911/ns/technology_and_science-science/ (last visited Aug 28, 2010).

August 25, 2010

Wednesday, August 25, 2010 - No comments

Forgery Ring Discovered in Italy

The BBC and ANSA are reporting that a forged art ring has been discovered by authorities after an 18 month investigation.  The investigation was conducted by monitoring payment transfers and consulting art historians.  Works recovered include forgeries of works by Matisse and Magritte.  There are more than 500 counterfeit works, which may have cost buyers close to 9 million euros. 
  1. Italy seizes counterfeit artwork, BBC, August 25, 2010, http://www.bbc.co.uk/news/world-europe-11088475 (last visited Aug 25, 2010).
(cross-posted at http://illicit-cultural-property.blogspot.com/)

    August 24, 2010

    Tuesday, August 24, 2010 - ,,,,

    ARCA featured in La Repubblica

    ARCA was featured in an article in Italy's leading national newspaper, La Repubblica, on 23 August 2010. The article mentioned some of the statistics on art crime in Italy kept by the Carabinieri Division for the Protection of Cultural Heritage. The Carabinieri TPC, as it is known, is the world's oldest and strongest art police unit, having been founded in 1969, and with a 300-plus strong force. They run the world's largest database on stolen art, containing over 3 million items, and have by far the best recovery rate of any of the world's police. In 2009 alone the Carabinieri TPC reported 13,219 artworks stolen in Italy (a significant decrease from the approximately 30,000 objects reported stolen as recently as 2001). In 2009 the TPC questioned 1220 people suspected of involvement in art crime, arrested 45, and recovered an astounding 19,043 stolen artworks.

    The Carabinieri TPC were honored with the 2009 ARCA Award for Lifetime Achievement in Defense of Art, and were featured in a BBC Radio Four documentary which ran earlier this summer. In that documentary the Carabinieri reiterated that art crime is linked to the drug and arms trades and even terrorism, and highlighted the fact that most art crime involves organized crime, and therefore is something to be taken very seriously indeed.

    July 26, 2010

    Monday, July 26, 2010 - , No comments

    Profile of Howard Spiegler

    Nancy Greenleese has a very fine profile of Howard Spiegler for Voice of America.  Mr. Spiegler has been an important advocate in a number of important art and antiquities restitution cases.  Because of this great work he received the 2010 ARCA Award for Lifetime Achievement in Defense of Art.

    The audio profile includes highlights of Mr. Spiegler's remarks at the ARCA conference, as well as the comments of Chris Marinello of the Art Loss Register, and historian Marc Masurovsky.

    You can listen to the profile here.
    1. Nancy Greenleese, Fighting for Art Justice, Voice of America, http://www1.voanews.com/english/news/american-life/Fighting-for-Art-Justice-99225324.html (last visited Jul 26, 2010).
    Howard Spiegler at the 2010 ARCA Conference
    (Urska Charney)

    July 19, 2010

    Monday, July 19, 2010 - ,, No comments

    "The Bulldog" Makes a Case for the Return of the "Getty Bronze"

    The "Getty Bronze"
    Last weekend at the 2010 ARCA conference, Italian state attorney Maurizio Fiorilli offered his thoughts on the ongoing dispute between Italy and the Getty over the disposition of this  ancient Greek bronze, often called the "Bronze Statue of a Victorious Youth".  Fiorilli has been nicknamed "Il Bulldog" by the Italian press for his quiet persistence in securing the return of illegally exported and illegally excavated cultural objects from a number of American museums, including a number of objects acquired in recent decades from the Getty.

    One object which the Italians did not secure was this bronze, which is the subject of a seizure proceeding in Italy.  I've posted below four videos which find Fiorilli making a reasoned legal case for the return of the bronze.  An Italian court in February ordered the return of this object, however difficulty will arise when Italy attempts to convince a U.S. court to enforce the order.  The Getty has appealed the Italian decision, but the legal proceedings are important not only for the direct result, but for the shift in public perception which the Getty will have to navigate.  Surely the Getty does not relish the idea of a long protracted public debate over the disposition of this bronze.  The story of this bronze presents an interesting case.  Though it was certainly illegally exported from Italy, it cannot be considered a "looted" object in my view. 

    The bronze was found by Italian fishermen somewhere in the Adriatic in the 1960's.  I wrote a long summary of the story of the bronze back in 2007.  To summarize, the statue was found by fisherman in the Adriatic in 1964, smuggled out of Italy, and eventually purchased by the Getty in 1977.  The bronze was discussed a great deal in the very public battle between Italy and the Getty over other looted objects in recent years.  Yet there was a lack of direct evidence linking the Getty to any wrongdoing in the acquisition.  Criminal proceedings were brought against some of the fishermen and handlers of the statue in Italy in 1968.  Left with little concrete evidence to secure a conviction, the fishermen were acquitted.  Yet as Fiorilli argued, these proceedings were made difficult because the actual statue had been smuggled abroad, and Italian prosecutors were unable to meet their burden.

    I'll let Fiorilli make his case in the videos below, and apologies for the low sound levels.  Fiorilli spoke beautiful English, but chose to make his case in Italian, with the help of a translator. 











    Cross-posted at http://illicit-cultural-property.blogspot.com/

    July 14, 2010

    Wednesday, July 14, 2010 - , No comments

    The 2010 ARCA Conference at Palazzo Petrignani

    The 2010 ARCA Conference at Palazzo Petrignani in Amelia
    I have just returned from beautiful Amelia and the second annual Association for Research into Crimes against Art (ARCA) conference.  Next year's conference will be held July 9-10th in Amelia.  A call for papers and announcement will be posted here in the coming months.

    This year the conference was chaired by Founding Director Noah Charney and took place at Palazzo Petrignani at the top of Amelia—a grand setting for the discussion of art crime.  Though the Umbrian sun made the room quite warm at times, the two day conference offered a number of terrific presentations and discussions.  I'd like to draw out a few highlights.  

    An International Art Crime Tribunal

    Judge Arthur Tompkins delivered the first paper of the conference, discussing what he calls an International Art Crime Tribunal.  Judge Tompkins made a compelling case for the tribunal at last year's conference, and in the edited Art and Crime collection.  Judge Tompkins argued that we need a consistent and fair approach to these art disputes.  He noted that a number of prominent nations of origin like Italy, Greece or Egypt might be initial eager proponents of such a Tribunal; and Rome would perhaps be an ideal venue for the court to sit.  He gave a frank appraisal of the challenges such a Tribunal would face, but noted that the creation of such a tribunal warrants development.  Much like the other international Tribunals and developments had their own champions, and International Art Crime Tribunal would need the same—the Universal Declaration of Human Rights was championed by Eleanor Roosevelt for example.  Judge Tompkins discussed the ongoing dispute over Portrait of Wally, which has stretched on since 1998, comparing it to the Jarndyce v. Jarndyce chancery decision from Dickens' Bleak House.  Perhaps a fair robust Art Crime Tribunal would be better positioned to resolve that dispute in a more timely manner.

    File:Egon Schiele 069.jpg
    Portrait of Wally, Egon Schiele, subject of a 12-year forfeiture dispute
    It was a position challenged however by Howard Spiegler, who was honored at the conference and who also acts as counsel for the successors of Lea Bondi Jaray, who owned the work before fleeing the Nazi's.  Mr. Spiegler argued that none of these parties wanted this dispute to stretch on this long, and that much of the delay was a result of the discovery process which has been an effort to uncover the complicated history of this work since it left Ms. Bondi's possession.  Yet Judge Tompkins responded by noting that the American system of long, protracted discovery does not always promote justice.  It may in some cases, but it also leads to a soul-crushing existence for young lawyers.  Though this research and work is handsomely compensated, it can in my opinion carry a lawyer far from the true practice of law.  That of course is a more general critique, not isolated to the Wally dispute.  Judge Tompkins noted that if a legal system ties the proper adjudication of a claim to one piece of paper or one exchange that may be lost, how can we ever decide a claim?  We are left with an endless search for that one piece of evidence, while the core issues lay unresolved. Though no thinking person would deny the losses during the Second World War, there must be limits to these claims, and we may also consider the loss to the public of a beautiful work of art for nearly 12 years.  Perhaps a Tribunal might allow for future claimants like the Bondi's to pursue their claims, while also allowing for the continued movement of works of art and allowing present possessors to achieve some measure of repose. 

    Other Presenters

    There were a number of other fine presentations worth mentioning.  Betina Kuzmarov used the dispute of the Qianlong Bronze Heads from the Yves Saint Laurent collection to examine the difficult nature of using objective and subjective standards in cultural property disputes.  Kristen Hower highlighted the importance of histories and proper acquisition of objects by discussing the dilemma faced by art historians in detecting forgeries in Late Antique art, specifically a number of objects known as the Cleveland Marbles.  Chris Marinello discussed the work of the art loss register, pointing out that the ALR has ceased to offer certificates for certain antiquities searches, as the database is unable to effectively determine if these objects have been recently looted from their archaeology.  Jane Milosch discussed the Provenance Research initiatives at the Smithsonian.  Jennifer Kreder and Marc Masurovsky discussed nazi-era spoliation claims from the perspective of the holocaust claimants and their successors.  James Twining discussed his own use of art crime in his popular fiction.  Valerie Higgins discussed the ways in which armed conflict and identity can be remembered and created. 

    ARCA Alumni

    A number of participants and graduates of last year's ARCA MA program presented their work as well.  Olivia Sladen discussed the importance of due diligence in the art market as it relates to forged works.  Riikka Kongas discussed her work at the Valamo Art Conservation Institute in Finland, discussing the plague of forged Russian icon paintings which are discovered when they are brought in to be conserved.  Catherine Sezgin offered her research on the 1972 theft at the Montreal Museum of Fine Arts in 1972.  John Vezeris discussed the work of his company, Annapolis Group International in protecting the works of the historical San Lio church in Venice with Venice in Peril and ARCA.  Colette Marvin analyzed the recent string of art crime exhibits being offered by museums in the United States and Europe. 

    ARCA Award Winners

    Howard Spiegler, recipient of the ARCA Award for Lifetime Achievement in Defense of Art
    Lawrence Rothfield, receiving his Eleanor and Anthony Vallombroso Award for Art Crime Scholarship
    Dick Drent, recipient of the ARCA Award for Art Security and Protection












































    Charles Hill was unable to attend, but was presented the award for Art Policing and Recovery.

     Next up I'll discuss the comments of Giovanni Pastore, former Vice-Commandant of the Carabinieri Division for the Protection of Cultural Heritage, as well as the comments of Stefano Alessandrini and Maurizio Fiorilli, Italy's Advocate General, both of whom had some interesting comments on the loss of antiquities and on the ongoing dispute over the Bronze Statue of a Victorious Youth currently on display at the Getty Villa. 

    Photos of the Conference courtesy of Urska Charney.

    (cross-posted at http://illicit-cultural-property.blogspot.com/)

    June 16, 2010

    Wednesday, June 16, 2010 - ,, No comments

    Postgraduate Program in International Art Crime Studies: Week 2

    The following was contributed by Renée D., a member of ARCA's Postgraduate Program in International Art Crime studies Class of 2010. The ARCA staff has enlisted her to provide updates on the program's progress as well as to, hopefully, convey some of the intimate nuances and intricacies of life in Amelia to those of us outside its medieval walls. The program runs June 1 through August 13. 

    Before the second week of the postgraduate program started, ARCA arranged our first field trip to the medieval city of Orvieto. Narrow and winding, the roads lead up the hills and through picturesque countryside to get to the top of a plateau where Orvieto is situated. Noah met us at the top of the plateau to finish off his week of teaching by giving us a full walk through of Orvieto’s medieval gothic church or duomo, as it is called in Italian. The duomo was truly breath-taking as we took in the same structure that even inspired Michelangelo. It was yet another unexpected reminder that we are in fact walking around in the shadows of the Renaissance masters who once roamed over Orvieto’s cobblestones. Noah challenged us at the church to put to use some of the skills we had learned over the past week and do a little hostile surveillance, which entailed identifying security measures and exits as if we were planning to take something from the church. This is a useful exercise to help prevent potential thefts before they occur from any institution. After, as a special treat, we went around to the back of the church to a separate attached chapel to see the skeleton remains of a Catholic female martyr, who had been speared to death. Over the course of the day, you could see in everyone’s face a sense of delight. Perhaps it was the view from the plateau over the expansive countryside, or the ceiling paintings within the church, or even the taste of gelato on a hot Saturday, but it was impossible not to feel it. 

    Back in the classroom in week two, we have been learning about the art world from London-based art historian, Tom Flynn. Although many of the students have art history backgrounds, it is always refreshing to listen to a different point of view on the subject as Tom literally keeps switching between his two sets of glasses throughout his lectures. While Noah shared stories about the Ghent Altarpiece, Tom has already shared interesting anecdotes about collectors such as Albert Barnes and Edward Perry Warren. Flynn, the sculpture scholar, can be spotted among the students watching the World Cup matches in his breezy linen shirts, as well as discussing various topics in the art field at Bar Leonardi. Easy to talk to and extremely knowledgeable, Tom maintains his own art-related blog among his many projects: http://tom-flynn.blogspot.com/. 

    The contemporary English gentleman, Flynn has challenged us this week to present to the class our own thirty minute manifesto for the art world. The topic could range from our personal issues with the art market to our expertise within the art world. Ultimately, it is daunting to tackle such an assignment because how does one really go about chipping away the issues of a world whose existence is kept shroud in mystery to even those who play a part within it? It is somewhat intimidating to stand in front of your peers to talk about your opinions on aspects of a world we all wish to join in some way, but we are all in Amelia to learn how to protect the currency of this world, which is art. To pinpoint an area that we find contention with in the end is to pinpoint where our own passions lie. This exercise really is to our benefit because as we move full speed ahead on the bumpy winding roads within the world of Art, we must overcome our romantic views and weak stomachs to be able to stand in front of anyone to explain the important cultural value of the art we all want to protect.

    June 11, 2010

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