ARCA Trustee Erik Nemeth (www.culturalsecurity.org and www.artworldintel.com) has forwarded on a summary of his thoughtful panel presentation at the American Society of Criminology annual meeting. The presentation, "Cultural Intelligence: data sources on the motivation and means for trafficking" crystallizes I think the systemic nature of the illicit trade in antiquities, and the need for further rigorous examination of the trade across the relevant disciplines. His summary follows:

The annual multibillion-dollar illicit market in movable cultural property motivates looting in developing nations. As demonstrated from Latin America in the midst of the Cold War era to South-central Asia in the post-Cold War period, organized crime may take advantage of limited security in “source nations” by recruiting locals to loot. In African nations, the corruption extends into the public sector with bribes to customs officers and collusion with staff of cultural ministries. On a transnational level, the risk that revenues from trafficking may fund insurgencies and terrorist groups has alerted law enforcement agencies to the implications for international security. The degree of the security threat posed by looting ultimately depends on the market value of the artworks and the intersections with trafficking in weapons and narcotics. Quantitative analysis of the market value and mapping the trafficking networks illustrate the potential of specialized “art intelligence” to enable countermeasures to mitigate, and optimally forestall, threats to cultural identity.

The traditionally clandestine nature of the art market poses challenges to assessing looting and trafficking in developing nations. In the absence of direct information on transactions in ource nations,sales at auction provide a sense of the market value and trade volume of antiquities and primitive art. Auction houses openly publish results of auctions and enable access to sales archives through web sites. On-line access to sales archives creates a substantive pool of data on hammer prices from auctions around the world. Sales archives also contain detailed descriptions of the artworks. The description that accompanies an auction lot can identify the geographic origin of the artwork. Data mining of sales archives for hammer price and origin enables analysis of market value by source nation. The analysis assesses relative market value and, thereby, contributes to an assessment of relative risks of looting across developing nations.

Any threat of looting has serious implications for the cultural identity of local communities, but the market value that motivates looting has implications for the severity and extent of the threat. Large demand in market nations and high market value increases the scale of looting and the range of parties with vested interest. A large market for artworks from a particular source nation increases the likelihood that organized crime will invest in developing trafficking networks and in recruiting locals to loot. As the involvement of organized crime increases, the opportunities for corruption within government also increase. An assessment of the relative risk of looting informs policy on the protection of cultural patrimony. With an understanding of the magnitudes of risk facing different source nations, market nations can strategically focus resources to engage actors in the art market and local governments.

Kim Alderman, a Clinical Assistant Professor at the University of Wisconsin Law School and a student in ARCA’s Class of 2010 postgraduate program in International Art Crime Studies, presented at the Antiquities Trafficking panel at the American Society of Criminologists Conference in San Francisco in mid-November.

Alderman, who studied art history and archaeology at the University of Maryland at College Park, provided an abstract of her presentation on her blog, Cultural Property and Archaeology Law Blog, and we followed up via email with some questions of our own.

ARCA Blog: Do you believe that organized crime has fueled the illicit antiquities trade since the early 1960s?

Alderman: “Whether organized crime is connected to the illicit antiquities trade depends on how you define “organized crime.” The broad definition of organized crime is three or more people, engaged in a pattern of illegal conduct, for the purpose of obtaining material gains. If you use this definition, then it is correct to say that organized crime is involved in the illicit antiquities trade. From subsistence looters to tombaroli to smugglers, there are always people working in concert to excavate and move illicit antiquities. If you are talking only about mobsters or the mafia, then there is less evidence to support the alleged connection. As to the claim that the involvement began in the 1960s, I suspect this originated with allegations of the mafia’s entry into art theft during that decade, and was later extended by imprecise language to the illicit antiquities trade. There has certainly been increasingly organized subversion in the illicit antiquities trade since then, although whether the 1960s served as a temporal starting point for such organization remains to be seen.”

ARCA Blog: Is the illicit antiquities trade linked to money laundering, extortion, the drug and arms trades, terrorism and even slavery?

Alderman: “Claims that the illicit antiquities trade is connected with money laundering, extortion, the drug and arms trades, terrorism, and slavery, should be taken individually. The purchasing of illicit art and antiquities has long been a way to take cash gained from criminal activities and convert it to the ownership of goods, thereby concealing the source of the funds. Extortion would be more an issue for stolen artwork, and I have not observed a link between it and antiquities. As to terrorism, there are discrete instances of terrorist groups unearthing and exporting antiquities in their local regions, but these instances serve as indicators of a potential connection – not hard evidence. Finally, as to the alleged connection between illicit antiquities and the drug and arms trades or slavery, Eastern European mafias have been accused of trafficking in “everything from antiquities to humans.”

ARCA Blog: Thank you, Kim.

Readers can follow Kim Alderman at http://www.culturalpropertylaw.net.

By Catherine Schofield Sezgin

Last weekend ARCA's Director of Public and Institutional Relations, Colette Loll Marvin, lectured on "Curating Crime" to a group of students in the Arts Management program at the International Business School of Budapest.

Ms. Marvin spoke about several recent museum exhibitions dedicated to the subject of art crime, specifically forgery. Marvin has been conducting research for a documentary on the famed Hungarian forger Elmyr de Hory (1906-1976) who was arguably the most prolific forger of the twentieth century.

De Hory operated primarily in Europe and the United States for three decades and is alleged to have circulated hundreds, perhaps even thousands, of paintings into the art market, according to Marvin. Unable to find success in selling his own original works, Marvin said, De Hory turned his talents and Beaux Arts training towards the crafting of fake paintings in the style of Modigliani, Picasso, Matisse, Dufy, Vlamink and other Impressionist and Modernist masters.

“Fakes and forgeries were once the dirty little secret of the art world,” Marvin said. “No gallery, museum or auction house is entirely free from the embarrassment of a costly error of misattribution or faulty provenance. Duped museums can feel slightly vindicated, however, as there is a growing public fascination in these costly mistakes, as witnessed by the record crowds visiting exhibits dedicated to fakes, mistakes and misattributions.”

The latest exhibit, "Fakes, Forgeries and Mysteries" opened this weekend at the Detroit Institute of Arts in Detroit and examines 58 artworks from paintings to decorative arts in the museum's collection whose artist attribution and authenticity have changed since being donated or purchased by the institution.

Professor Jeff Taylor, an American art historian currently completing the doctoral program at Central European University on the subject of the historical evolution of the Hungarian art market, invited Marvin to speak to the class after being asked to serve as a Humanities advisor to her film project.

"Colette's presentation served as the ideal exclamation point to this section of the semester which had been focusing on the problems of the art market, particularly fakes, plunder, and restitution,” Taylor said. “I think the students got a full appreciation for how much these issues are being widely discussed, both in the many recent exhibitions which were shown, but also in terms of Colette's documentary project on Elmyr de Hory, and that seemed to generate a lot of interest among them in the ARCA Postgraduate program."

The Arts Management program at the International Business School of Budapest is a recently added program and boasts a curriculum designed to produce students that are well versed in the business aspects of the art market.

Ms. Marvin also gave a presentation to the undergraduate class about ARCA's Postgraduate Certificate in International Art Crime Studies.

ARCA’s courses include “Art Crime and Its History” by Noah Charney, founding director of ARCA; “Art in War” by Judge Arthur Tompkins of New Zealand; “Art Policing and Investigation” by Richard Ellis, former director of Scotland Yard Arts and Antiques Unit; and “Museums, Security, and Art Protection” taught in 2010 by Anthony Amore, Security Director of the Isabella Stewart Gardner Museum.

ARCA’s Postgraduate Program in International Art Crime and Cultural Heritage Protection Studies has taken place in Italy in the medieval town of Amelia in Umbria from June through August for the past two years and is accepting applications through January 3 for the 2011 program.

In addition, ARCA’s third annual International Art Crime Conference is scheduled for July 9th and 10 next summer in Amelia. Papers for the conference will be accepted in the spring.

Art Crime in Hungary

On November 5 1983, thieves robbed the Museum of Fine Arts in Budapest and stole paintings by Raphael (Esterhazy Madonna and Portrait of a Young Man); Giorgione (Self-portrait), Tintoretto (Portrait of a Gentleman and Portrait of a Gentlewoman), and Tiepolo (Madonna and the Saints and Rest on the Flight into Egypt). All of the works, including Raphael’s Esterhazy Madonna, also known as Virgin and Child with St. John the Baptist, were recovered two months later by the Italian Carabinieri in an abandoned Greek Monastery near Aigio in northeast Greece. Operation Budapest was a joint investigation between the Italian Carabinieri, the Hungarian police, and the Greek Police.

The Old Gallery of the Museum of Fine Arts in Budapest has a collection of 3,000 Old Master Paintings from the 13th to the 18th centuries, with more than 700 acquired from the Esterhazy estate, a noble family of the Austro-Hungarian Empire. Inadequate physical maintenance may have made the museum vulnerable to thieves. A visitor to the Budapest museum in the 1980s described the 1906 building housing the collection as “in a sorry state” with “various roofs leaking and many of its masterpieces draped in sheets of polythene to protect them when rain fell.” The museum had been bombed in World War II and the construction of an underground railway may have damaged the building’s structure.

According to the Commission for Art Recovery, about 20 percent of all Western art in Europe was looted during the war. During World War II, the Hungarian government, a Nazi ally, confiscated art owned by Jews. The Hungarian government participated in the 1998 Washington Conference on Holocaust-Era Assets and agreed to work to identify Nazi-era looted art and opening museum archives for provenance research. However, the Jewish Claims Conference and World Jewish Restitution Organization claims that Hungary has disregarded the principles and not returned art looted from Holocaust victims.

The family of Baron Mar Lipot Herzog, a wealthy patron of the arts, who lived in Budapest and died in 1934, has sought restitution from Hungary with no success, according to a recent article by Judy Dempsey in the New York Times.

Hungary to Sell Communist Relics

Artdaily.org today published an article by Pablo Gorondi of the Associated Press about an upcoming auction in Budapest of the sale of 230 communist-era relics, including a life-size bust of former Soviet dictator Vladimir Lenin.

by Catherine Schofield Sezgin

German forgers may have used the records of a long-dead Jewish art dealer as provenance for as many as 35 second-tier French and German expressionist paintings sold through auction houses in Cologne and London which may have defrauded art collectors of more than 15 million Euros over the past two decades.

The alleged forgery activities of a German couple and their extended family and friends are detailed in a report in Der Spiegel with additional analysis by Mark Durney at Art Theft Central in October. Although only one painting has been confirmed as a fake, according to Der Spiegel, all of the paintings from two fictitious collections that claim to have been purchased through the same art dealer in Germany in the 1920 are now suspect. Many of the paintings are stamped with a fraudulent sticker trying to identify the artworks as from the Galerie Flechtheim.

Provenance of these suspected paintings may have been lifted from sales and exhibition catalogues from a Dusseldorf art gallery owned by the Jewish art dealer Alfred Flechtheim who fled Nazi Germany when his business was confiscated in 1933. Der Spiegel reported that parts of his collection and documents from his business were lost. Flechtheim, who died in London in 1937, represented Pablo Picasso, George Braque, Paul Klee, George Grosz, and Max Beckmann and other painters in the 1920s who were later deemed by Nazi officials to have produced “degenerate art”. Galerie Alfred Flechtheim held exhibitions of works by André Durain, Juan Gris, Max Ernst, Paul Klee, and Paul Cézanne in 1929; and Edzard Dietz, August Renoir, Fernand Léger, Max Beckmann in 1928. A 1926 portrait of Alfred Flechtheim by Otto Dix hangs in the Neue Nationalgalerie, Staatliche Museen zu Berlin (see image above).

Flechtheim’s heirs have tired to recover about 100 paintings by artists such as Picasso, Juan Gris, Fernand Léger, and Vincent van Gogh from German and American museums. In July 2010, the Fleichtheim heirs claimed a portrait of the actress Tilla Durieux by Oskar Kokoschka from the Museum Ludwig in Cologne (Zeit Online, translated, “He Was His Own Best Client Client,” July 8, 2010). Flechtheim’s gallery was taken over by the Nazis in 1933. Alex Vömel, the new ‘owner’, sold the Durieux portrait from Flechtheim’s private collection in 1934 for a price below the 1931 insurance value, according to the heirs’ lawyer, who also claim that there’s no record that Flechtheim received any proceeds from the sale.

In another litigation news, the heirs of George Grosz are pursuing the restitution of paintings they claim Grosz left on consignment with Flechtheim before Grosz also fled Germany in 1933.

ARCA warmly invites those in the Bay area to join us for some free drinks, nibbles, and lively discussion about art crime and cultural heritage protection. This is an excellent opportunity to meet ARCA staff, volunteers, and experts and professionals in the field of art crime. We look forward to seeing you there!

For further information email Joni Fincham, Managing Director director@artcrime.info

The only successful theft from London’s National Gallery took place on 21 August 1961, when a brazen thief stole Goya’s Portrait of the Duke of Wellington. Forty-nine years later, on 19 October of this year, the thief’s ransom demands were protected well into the future.

One of the most bizarre incidents in the history of art theft, the Goya heist baffled police. Someone had snuck into the National Gallery through an unlocked bathroom window, had evaded security guards, and made off with a painting which had just been saved from sale to an American tycoon by the British government. The sale of the Spanish painting, property of the Duke of Leeds, had been frozen in order for the British nation to match the sale price, thereby keeping the painting in England. £140,000 had been hastily raised (the equivalent of around £2 million today), and the 1812 portrait of the English war hero was saved. It went on display at the National Gallery in London on 3 August—less than three weeks later, it was gone.

The Press had a field day, and the theft infected the popular imagination. In the background of the first James Bond film, Dr No, which was filmed soon after the crime, one can see a copy of the missing Goya portrait decorating Dr No’s villainous hideout.

Then the London police received the first of many bizarre ransom notes. They promised the safe return of the painting in exchange for discounted television licenses for old age pensioners.

Surely this was a joke? But the ransomer was able to identify marks visible only on the back of the painting, proving that it was in his possession. The ransomer, whose notes were theatrical and flamboyantly written, thought it outrageous that the British government would spend such a sum on a painting when retired British citizens had to pay to watch television. The Goya would be returned, wrote the ransomer, if a charitable fund of equivalent value, £140,000, were established to pay for television licenses for old age pensioners. There seemed to be no personal motivation for the theft, only outrage at the government’s TV license scheme.

But the police would not negotiate. A second ransom letter arrived, which read:

Still the police would not respond. A third ransom letter turned cheeky:

But while the police would not budge, they were no closer to identifying the thief. In 1965, however, a note arrived at the offices of the Daily Mirror newspaper with a luggage check ticket for the Birmingham rail station. The ticket yielded a surprising package at the Birmingham—the stolen Goya. It had been deposited by someone identifying himself as a “Mister Bloxham,” likely a reference to Oscar Wilde’s The Importance of Being Earnest, in which an infant is found in a handbag at a rail station luggage check. The painting had been recovered, handed over as a sign of good will by the thief, who realized that his demands, which he felt were entirely reasonable and noble, would not be met. But who was the thief?

On 19 July 1965 a portly, 61-year old retired cab driver who bore a striking resemblance to Alfred Hitchcock walked into a police station to turn himself in. Kempton Bunton, a cuddly 252 pound grandfather, did not match the expectations of an ingenious, if eccentric, art thief. He had, perhaps unsurprisingly, been fined twice for refusing to pay his own TV license. The theft seemed to have been motivated solely by charity, although there are those who believe that he took the fall for someone else.

Bunton was not worried about being tried, he told the police, because he knew of an odd loophole in British law. In court, he was found not guilty of having stolen the painting, because the judge noted an antiquated clause which stated that if the jury believed that Bunton always intended to return the painting if his ransom negotiations failed (and he did return the painting) then they must acquit. Heeding the judge’s advice, the jury found Bunton not guilty of having stolen the Goya—but he was found guilty of having stolen the painting’s frame, which was never returned. He was given a slap on the wrist, three months in prison, and was gently scolded by the judge, who said: “motives, even if they are good, cannot justify theft, and creeping into public galleries in order to extract pictures of value so that you can use them for your own purposes has got to be discouraged.”

This comical theft would play a major role in shaping UK law. In 1968, as part of England’s new Theft Act, Parliament included a clause which made it illegal to “remove without authority any object displayed or kept for display to the public in a building to which the public have access,” thereby making Bunton’s “borrowing” of the Goya a criminal offense.

Television licenses were eventually revoked for old age pensioners, satisfying, long after the fact, the unusual ransom demands of Kempton Bunton. But in recent weeks the issue has once more been in question. Would a latter-day Bunton be prompted to make a similar, high-profile statement in protest to the licensing fee? The matter was finally resolved on 20 October of this year, when it was announced that free license fees for pensioners will be extended until at least 2017.

Kempton Bunton, floating on his cloud up in Heaven, must be looking down upon us with a satisfied smile.

We would like to thank Alan Hirsch for research assistance on this article.

Revisiting the “Cultural Plunder by the Einsatzstab Richsleiter Rosenberg: Database of Art Objects at the Jeu de Paume”

by Catherine Schofield Sezgin

The database of stolen art from Jewish French and Belgian collectors processed through the Jeu de Paume in Paris from 1940 to 1944 has received more than 11,000 visits from 97 countries since its public release three weeks ago.

The database, which can be accessed at http://www.errproject.org/jeudepaume, is a Joint Project of the Conference on Jewish Material Claims Against Germany and the United States Holocaust Memorial Museum with the cooperation of the Bundesarchiv (The German Federal Archives), France Diplomatie: Diplomatic Archive Center of the Ministry of Foreign and European Affairs, and The United States National Archives and Records Administration (NARA).

The website for the database also includes a photo gallery of the Nazi’s “Special Task Force”, the Einsatzstab Reichsleiter Rosenberg (ERR), processing art works through the center of Paris and another section of works of art considered objectionable (“Degenerate”) by the Nazis – works by artists such as Max Ernst, Salvardor Dalí, and Kees van Dongen.

Users can browse by art owners, by collection, or by artist. Information about the art includes measurements, a title in German, and the name of the owner and the collection and in many cases, whether or not the painting or artwork was restituted to its wartime owner.

An 1857 painting by Gustave Courbet (titled in German Totes Re him Walde or in French Biche morte) entered the Jeu de Paume between September and October of 1942. It was considered for a possible exchange, but was returned to France in 1949. In 1951, the French national museum collection placed it into into the Louvre until 1954 when it was sent to the Musée National Ahmed Zabana in Oran. The painting stayed in Algeria for 31 years until it was stolen in October of 1985.

A painting “considered for exchange” indicates that the ERR staff wanted to trade the painting with art dealers as “payment-in-kind” for works of art desired by Hermann Goering and other Nazi dignitaries for their collections or for the Reich.

Sixteen years later, a reproduction of the same painting, now under the new title of Chevreuil Mort/Dead Deer, appeared in an auction catalogue for a sale scheduled at the George V Hotel in Paris on December 19, 2001. Recognizing the stolen the painting, the French museums rquested that the painting be withdrawn from the sale. It was seized by the police, then transferred to the musée d’Orsay on October 29, 2002.

The ERR Collection Name was “MA-B” or “Möbel-Aktion Bilder”, a category of more than 1,300 matches. "Möbel Aktion" means that it was ‘Operation Furniture’ that the work was removed from a Jewish home. “Bilder” means it was a picture. However, the original owner was not identified by the Nazis and the painting has not been returned to that family.

Could the family who owned that painting make a claim for the return of their painting today? We asked this question to Marc Masurovsky, the project’s director and a consultant to the Holocaust Memorial Museum in Washington, D.C.

“If it is the same painting and was not recovered by a legitimate owner and there is someone who can attest to be the rightful owner of the work, that person can make a claim for the unrecovered object,” Masurovsky wrote in an email. “As you know, the database is a work in progress and much information still needs to be added, especially with respect to the postwar fate of many of the works and objects described in the database.”