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July 22, 2011

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Laurie Rush on "Art Crime: Effects of a Global Issue at the Community Level"

by Mark Durney, Founder of Art Theft Central

At ARCA’s third annual international art crime conference in mid-July, Dr. Laurie Rush, the Booth Family Rome Prize Winner in Historic Preservation at the American Academy in Rome, presented on “Art Crime: Effects of a Global Issue at the Community Level.”

Dr. Rush’s lecture featured discussions of the role of military archaeologists in preventing the inadvertent damage and destruction of cultural heritage as well as limiting the illicit traffic in antiquities during the most recent conflicts in Iraq, Afghanistan, Libya, and Egypt. For example, academic archaeologists in cooperation with military and NATO personnel were able to develop a 'no strike list' of 'at risk sites' in Libya within 36 hours after US participation was announced.

During the most recent conflicts in Iraq, Afghanistan, and Egypt, Dr. Rush worked with the Legacy Resource Management Program to create decks of playing cards inspired by the US military’s tradition of using playing cards as educational tools. However, rather than depict images of the most-wanted Iraqis like a previous deck, the Heritage Resource Preservation playing cards depict the challenges of preserving heritage during military operations as well as provide useful archaeological site preservation advice.

According to Dr. Rush, the constant rotation of military officers and the flux in standard practices that it creates can make it difficult to effectively maintain efforts to protect cultural heritage sites and institutions during conflicts. During the US-led military invasion of Iraq in 2003, the Garrison Commander  at the military base in Talil developed a strategy to protect Ur, the biblical birthplace of Abraham, by incorporating it within the installation fences. While it was a simple risk mitigation strategy, it enabled the US to effectively secure the site and protect it from potential looting. In 2009, the US returned control of the ancient site, which had been preserved in pristine condition, to the Iraqi authorities.

Rush believes that the Comando Carabinieri Tutela Patrimonio Culturale, which has been sent into numerous conflict zones in order to train local leaders and military personnel in the protection of cultural sites and institutions, should serve as a model for other countries that seek to develop similar cultural heritage preservation efforts. Currently, while based in Rome, Rush is working closely with the Carabinieri and examining their best practices. In addition to working with the military to protect sites during conflict, Dr. Rush stressed the need to focus attention and resources on developing strategies to maintain cultural heritage sites in the immediate aftermath of conflicts. Managing sites as community assets and rebuilding tourist attractions are critical to attracting local and international investment and attention. Dr. Rush believes that such efforts can be spearheaded by partnerships between academic institutions and government organizations.

July 21, 2011

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Judge Arthur Tompkins on Gustav Klimt's "The Portrait of Adele Bloch-Bauer"

by Judge Arthur Tompkins

The luminous Portrait of Adele Bloch-Bauer now hangs in the Neue Galerie, on New York’s Fifth Avenue. How it got there is quite a story.

The dispute over this portrait, together with others owned originally by Ferdinand Bloch and his wife Adele Bloch-Bauer, and in keeping with many similar private law restitutionary struggles, was resolved only after a long, tortuous, expensive and emotionally draining process. It involved, over many decades, the Austrian national courts, the United States courts all the way to the United States’ Supreme Court, and finally an Arbitration Panel agreed to by both sides. Some 65 years passed between the unlawful passing of the painting to the Austrian National Gallery in 1941 and the return of the paintings to Maria Altmann in early 2006.

Ferdinand Bloch-Bauer was, before World War II, a wealthy Czech industrialist, and president of the Österreichische Zuckerindustrie AG, a major sugar company. He commissioned a portrait of his wife from Gustav Klimt, and after about a year’s work, the golden, shimmery portrait was delivered in 1907. Adele died in 1925, from meningitis, and in her will, “requested” Ferdinand to leave the Klimt paintings the couple owned to the Austrian National Gallery.

Ferdinand fled Austria in 1938, and the invading Nazis confiscated both his businesses and the Bloch-Bauer’s home, containing the portrait and the other Klimt paintings. They assessed spurious “taxes” as being owed, thus triggering liquidation of the assets. An attorney was appointed, and unlawfully he sold or swapped the paintings, with three, including the Portrait, ending up with the Austrian Gallery.

Ferdinand died in Switzerland in 1945, and, understandably, by his will he did not leave the Klimt portraits to the Gallery. Two nieces and a nephew, including Maria Altmann who by that time was living in the Los Angeles, were his heirs. His estate consisted mainly of claims to seized property.

The Case Summary prepared for the later Arbitral proceedings recorded:
In January 1948, the heirs’ attorney, Dr. Gustav Rinesch, attempted to recover some of the Klimt paintings from the Austrian Gallery. The Austrian Gallery responded by taking the position that the paintings were donated by Adele Bloch-Bauer in her will of 1923, which designated her husband as her universal heir and requested that he donate six Klimt paintings to the Austrian Gallery after his death.
However, according to the legal proceedings which followed Adele’s death in 1925, Ferdinand stated that the paintings were his, and not his wife’s, property and that he was not legally obligated to fulfill the wishes expressed in her will, although he allegedly promised to do so.

Despite efforts by and on behalf of the heirs over the years, the three paintings, by now held by the Belvedere Gallery in Vienna, remained there through until the late 1990s, and as Simon Houpt notes,
“ ... became synonymous with Viennese culture and Austrian pride, especially Klimt’s Portrait of Adele Bloch-Bauer I, which has been reprinted endlessly on T-shirts, postcards, and dormitory room posters. It seemed fruitless to Maria Altmann [Ferdinand’s niece] and the other Bloch-Bauer heirs to put up a fight.”
But the legal landscape changed in 1998. The Austrian Parliament passed legislation,
“ ... requiring all federal museums to ensure their holdings were free of art illegally seized during the war.”
As a resident of California, and frustrated by procedural and technical delays and obstacles which had stalled her Austrian legal proceedings, Altmann sued in the US Courts, and ultimately, the Supreme Court held that she was not barred from suing the Austria by the doctrine of sovereign immunity. However, the case did not proceed to trial in the US as in May 2005 the family and Austria agreed to arbitration in Austria.

Thus the case came to be decided before an Austrian arbitral tribunal, governed by Austrian law and procedure. The Tribunal concluded:
1. The Republic of Austria acquired ownership of the paintings by Gustav
Klimt, Adele Bloch-Bauer I, Adele Bloch-Bauer II, Apfelbaum,
Buchenwald/Birkenwald, and Häuser in Unterach am Attersee by virtue of
the settlement with the representative of the heirs of Ferdinand Bloch-Bauer,
Dr. Gustav Rinesch, in 1948. 
2. The conditions of the Federal Act Regarding the Restitution of Artworks
from Austrian Federal Museums and Collections dated 4th December 1998,
... for the return of the five paintings indicated above without remuneration to the heirs of Ferdinand Bloch-Bauer are fulfilled.
The Tribunal accepted that Adele’s will, by which she left the paintings to her husband, with a wish that after his death, they be left to the Austrian nation, was a non-binding request :
“I ask my husband after his death to leave my two portraits and the four landscapes by Gustav Klimt to the Austrian State Gallery in Vienna and to leave the Vienna and Jungfer, Brezan library, which belongs to me, to the People’s and Workers’ Library of Vienna."
Therefore, Austria could not have acquired title to the paintings via her will. Title was not acquired through other available means, and given that the requirements of the Austrian statute were fulfilled, the paintings should be, and were, returned.

Although the ruling was initially greeted with some concern as to its narrowness of application, it was subsequently viewed:
“ ... as a pivotal Holocaust reparations case, ... Having litigated all the way to the Supreme Court prior to arbitration, Altmann established the United States civil litigation system as an acceptable platform for Nazi looted-art cases.”
Left, Neue Galerie director Renee Price.
 Seated, Maria Altmann,
Adele Bloch-Bauer's niece.
"These paintings stolen from Jewish homes are the last prisoners of World War II. I believe more art will be returned to its rightful owners," said art collector and Neue Galerie founder Ronald Lauder, who purchased "Adele Bloch-Bauer II" in June for the museum. 

Maria Altmann sold the Adele Bloch-Bauer I portrait in 2006 to the Neue Galerie Museum in New York, founded by Ronald Lauder and dedicated to German and Austrian Art, and which plays a prominent role in provenance research, including issues relating to “Jewish life and post-Nazi restitution issues.” The portrait is a centre piece of its collection.

The carefully worded provenance statement from the Museum’s website hints at the storied tragedies of the painting’s history:

“Provenance
Adele and Ferdinand Bloch-Bauer, Vienna (Acquired from the artist).
Seized by the Viennese Magistrate (following the Nazi Anschluss, March 1938).
With Dr. Erich Führer, Vienna (the state-appointed administrator for Ferdinand Bloch-Bauer).
Österreichische Galerie Belvedere, Vienna.
Restituted to the heirs of Adele and Ferdinand Bloch-Bauer by the Republic of Austria. Neue Galerie New York.”
The Neue Gallery
The Gallery’s website is at: http://www.neuegalerie.org/

July 20, 2011

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ARCA's 2011 IACC: Charlotte Woodhead on “Assessing the Moral Strength of Holocaust Art Restitution Claims”

By Molly Cotter, ARCA Intern

At ARCA's third annual International Art Crime Conference in Amelia on July 9, Charlotte Woodhead, Assistant Professor at the University of Warwick, shared her analysis of the numerous moral considerations of the United Kingdom’s Spoliation Advisory Panel, which hears claims relating to World War II thefts of cultural objects.

Founded only in the year 2000 and keeping in mind the time bars involved in civil suits, the panel assesses and resolves claims from people, or their heirs, who lost property during the Nazi era which is now held in UK national collections. Members of the panel, including lawyers, judges, professors, an art dealer and a baroness are appointed by the Secretary of State and consider both legal and non-legal obligations, such as the moral strength of the claimant’s case, and whether any moral obligation rests on the holding institution. In cases where the claimants received post-war compensation, the panel also considers any potential unjust enrichment were the object to be returned or a monetary reward offered. The public interest of a piece is also a factor in deciding whether to simply return the item or offer a reward.

The panel’s proceedings are an alternative to litigation, and its recommendations are not legally binding on any parties. However, if a claimant accepts the recommendation of the Panel, and the recommendation is implemented, the claimant is expected to accept this as full and final settlement of the claim.

Woodhead also discussed the difference between UK claim resolution and those of the Restitution Committee of the Netherlands. The British panel seeks restitution for art lost or stolen during the Nazi era (1933-1945) whereas the Dutch committee focuses on art lost in direct relation to the Nazi regime. Regardless of their differences, Woodhead stressed the importance of the existence of these panels saying “Nazi stolen art is different from stolen art as there is a wider cultural goal to right the wrongs of the past.”

July 19, 2011

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Maria Elena Versari on “Iconoclasm by (Legal) Proxy: Restoration, Legislation and the Ideological Decay of Fascist Ruins”

Update: This post has been republished with corrections.

By Kirsten Hower, ARCA Intern

Maria Elena Versari, the Assistant Professor of Modern European Art and Architecture at the University of North Florida, spoke about the perception of and reaction against  Fascist architecture in Italy. Her presentation, titled “Iconoclasm by (Legal) Proxy: Restoration, Legislation and the Ideological Decay of Fascist Ruins,” examined the conflicting modern views of Fascist architecture and, particularly, what to do with what remains of it. The debate that Versari highlighted centers on those historians who wise to preserve the architecture of the past for its part in history, and those who wish to wipe away the memories of Fascism and its place in Italian history.

Versari’s main focus concerned iconoclastic acts towards remaining Fascist architecture: both destructive and in terms of conservation. In specific reference to the Mancino Law of 1993—which punishes acts that incite violence—she referred to people who had been prosecuted for publicly endorsing Fascist symbols. In addition, Versari referenced the application of Hans Belting’s division of symbols and how that can apply to the iconoclastic actions against Fascist art and architecture—an attempt to destroy the collective mental symbol by destroying the physical symbol. However, as Versari pointed out, Mussolini  appropriated past symbols and images, using them for his own purposes and changing their meaning—making the selective destruction of Fascist iconology within the Italian public space a particularly compelling enterprise.

Versari focused on the other form of iconoclasm found in the action or inaction of conservation on the part of governmental bodies. She specifically pinpointed the legal complexities that led to the inaction on the part of several offices to allocate the funds to properly preserve architecture built during the Fascist period, allowing these buildings to decay and crumble rather than preserving them for their historical purposes. Versai concluded by comparing recent practices of local administrations in dealing with Fascist art and architecture. While some will give money to alter or ‘cover up’ the symbols of Fascism in certain architecture—whitewashing plaques and the like, others, as in the case of Forlì, are pursuing a more subtle critical practice, suggesting the visual historicization of Fascist remains and of their subsequent iconoclastic history.

After graduating with her PhD from Scuola Normale Superiore in Pisa, Versari has taught in both Italy and the United States and published many scholarly works, including Constantin Brancusi (Florence: Scala Group/Rome: L’Espresso, 2005) and Wassily Kandinsky e l’astrattismo (Florence: Scala Group, 2007). In addition to teaching, she is currently a member of the Advisory Board for the online journal Art in Translation.

July 18, 2011

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Duncan Chappell on “Forgery of Australian Aboriginal Art”

Duncan Chappell
by Molly Cotter, ARCA Intern

Professor Duncan Chappell, Chair of the Centre of Excellence in Policing and Security International Advisory Board and an Adjunct Professor at the Sydney Law School at the University of Sydney, discussed the moral and monetary corruption of contemporary forgeries in his presentation, "Forgery of Australian Aboriginal Art", at ARCA's International Art Crime Conference in Amelia, Italy.

Aboriginal Australians make up only 2% of the nation’s population. Their art is of extremely spiritual nature and works consist mostly of desert sand, rocks, and homemade pigments -- things from the earth. The value of Aboriginal art has soared in recent years with one work selling for a record $2.4 million at auction. The market itself grosses nearly $100-$500 million annually, which makes it a major source of income for many Aboriginal communities and individuals. Because of the swelling demand for Aboriginal art on the market, more and more pieces are being forged and slipped into auction sales. Aboriginal forgeries are mores upsetting than traditional forged works because they undermine the integrity of Aboriginal art, its meaning, and even the original painter’s spirituality.

In one case, a married couple was tried and convicted of selling nearly $300,000 worth of fake Rover Thomas paintings through Australian auction houses. When initially arrested, police seized not only numerous Thomas catalogues, but two unfinished forged canvases. In other cases, criminals forged prints to provenance to entire exhibitions and unfortunately, often suffered minimal consequences.

Authorities have run into issues in trying to protect the cultural heritage of Aboriginal art. Sometimes artists sign blank canvases before beginning work on them or family members aided in the production of thee work; therefore, issues of provenance and authorship becomes more complicated.

The aforementioned examples as well a number of civil suits underscore the need for due diligence of galleries and auction houses not only to defend their reputation but the integrity of the Aboriginal artists and their legacies.

July 17, 2011

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Saskia Hufnagel on “Harmonising Police Cooperation in the Field of Art Crime in Australia and the European Union”

Saskia Hufnagel in Amelia, Italy
by Kirsten Hower, ARCA Intern

Dr. Saskia Hufnagel, a Research Fellow at the Australian Research Council Centre of Excellence in Policing and Security (CEPS) at Griffith University in Queensland, presented “Harmonizing Police Cooperation in the Field of Art Crime in Australia and the European Union,” at ARCA's third annual International Art Crime Conference in Amelia.

Her research project was originally meant to focus on the collaborative effort of Australia and the European Union, but became a project centered more on the need for cooperation in both systems. As Dr. Hufnagel said, she was doing “the dance of presenting a research project that doesn’t exist.” Her project, therefore, became more focused on the comparison between Australia and the European Union concerning perception, priority, policing, and reactions towards art crime.

Dr. Hufnagel demonstrated in her presentation that Australia, in general, does not put a policing priority towards art crime, because of the perception that art crime is a financial matter compensated by the insurance companies.

“Generally there is a lack of recognition which leads to a lack of resources,” Dr. Hufnagel said.

Australia’s nine territories therefore do not allocate funds towards investigation and prevention of these crimes, Dr. Hufnagel said. Accordingly, they also do not feel the need to enhance cooperation amongst the states and territories to combat the problem. It is difficult to generate support for the problem because in Hufnagel’s words, “we don’t know how much art crime is going on in Australia” due to the fact that most crimes are not reported.

Dr. Hufnagel stated that there is not a strong focus on art crime research in Australia and that the last funded research related to art crime from a practical policing perspective was conducted in 1999 by a single individual, who was not granted sufficient resources to finalize his research, which undermined the effectiveness of his conclusions. Art crime is a very sensitive issue and cooperation is not only necessary between different law enforcement agencies, Dr. Hufnagel said, but also between the museums and galleries and police, which is probably even more difficult.  Police cooperation between Australia and neighboring countries concerning drug smuggling is relatively high, but unfortunately, when it reaches the bounds of art crime, the differences in culture seem to impede effective cooperation. Dr. Hufnagel compared this to the European Union, which has divisions of laws to each of the countries that do not aid fellow countries in the fight against art crime.

Speaking passionately about the need for appreciation of art crime, Dr. Hufnagel said, “Art is really important to our lives because our lives are so limited…art allows you experience a vast range of emotions, cultures and situations you could never perceive otherwise.” She intends to continue her research into art crime and to raise the field’s status in the realm of police enforcement with the hope that something will be done to further cooperation and collaboration in Australia and the European Union.

July 16, 2011

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Ludo Block on "European Police Cooperation on Art Crime"

by Mark Durney, founder of Art Theft Central

Ludo Block, a former Dutch police officer and current investigator at Grant Thornton, recently submitted his doctoral dissertation on the topic of police cooperation in the European Union. While his dissertation focuses on EU policy-making in relation to police cooperation, Mr. Block focused his panel lecture at ARCA’s third annual International Art Crime Conference on transnational police cooperation in crimes against art.

Unfortunately, art crime is often overlooked by law enforcement due to the lack of political priority. Whereas most members of the European Union do not maintain law enforcement units to investigate art crimes, a few countries such as France, Spain, Greece, and most especially Italy, maintain special units to curb the problem. Italy has organized its data management capabilities, its art crime experts, and investigative capacity under the Comando Carabinieri per la Tutela del Patrimonio Culturale with over 300 staff. Furthermore, it has trained officers at the local level in order to enable them to effectively investigate crimes against art. Also, the Carabinieri play a major role in the annual art crime courses offered to senior law enforcement by CEPOL, the European Police College.  Some other EU Member States maintain centralized units but these are usually staffed with only a handful of experts.  In mother Member States, data management on art crimes is insufficiently organized and as a result, reliable statistics on the scope of art crime are hardly available.

Throughout his research, which featured interviews as well as extensive research, Mr. Block found that the countries that placed art crime high on their policing agendas largely drove the European Union’s cultural heritage protection policy. In spite of various attempts since 1993, only recently in 2008 the  European Union passed new policy aimed at increasing police cooperation; however, as yet it did little to enhance the cooperation between the member countries. Mr. Block stated that in practice law enforcement efforts in a majority of the member countries rely on the personal dedication of a handful of specialized art crime investigators. In cases that involve transnational crimes, most investigators take advantage of their informal relationships with other investigators in order to pursue crimes that extend beyond their borders.

The European Union is in the process of developing an art crime database for its member countries.  In 2008, Europol, the European Union’s criminal intelligence agency, declined to participate in the project but Interpol, which has a long history of supporting the fight against art crime, quickly agreed to  convert their database to the EU member states' needs. According to Mr. Block, combatting art crime starts with proper data management on the local level where art crimes are usually first registered.

July 15, 2011

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Arthur Tompkins on “Paying a Ransom: The Theft of 96 Rare Medals and the Reward Payments”

by Molly Cotter, ARCA Intern

Judge Arthur Tompkins opened the 3rd annual ARCA International Art Crime Conference with an engaging discussion on the positive and negative aspects of paying ransoms or rewards in order to recover stolen art. He utilized the 2007 theft of 96 rare medals from New Zealand’s National Army Museum, valued at NZ$5-$6 million, as a case study to examine the arguments in support of and against ransom payments. He first noted that readily paying a thief’s ransom may seem to be ideal solution. The art is returned quickly; it limits the potential for the work to be damaged; bad publicity for the institution is avoided; and the necessity of having to make, or pay out on, an insurance claim is prevented. In the New Zealand museum’s case, a substantial private reward was posted for information pertaining to the theft and the medals were returned within a few months.

Judge Arthur Tompkins
Amelia, Italy
Though this seems like a storybook ending, the arguments against ransom payments suggest that this behavior not only encourages, but endorses future crimes. If a ransom is paid or a reward given, the chance of a repeat offense is much greater. Also, it perpetuates the gentleman art thief myth, and reduces the level of moral turpitude attributable to the crime. Simply put by Judge Tompkins: “The thief is happy, the owner is happy, the police are happy, and some wealthy insurance company has paid, but will get its money back from its customers, so everyone wins.” The payer also becomes complicit in the crime, and the transparency of the transaction can be lessened.

Judge Tompkins also discussed the legal responses around the world to such crimes. In the most extreme examples such as in Italy and Colombia, ransom payments are illegal. Other countries only find it unlawful to offer a “no questions asked” reward; however, penalties for violating this often involve only a minimal fine.

A contemporary case-study of how ransom payments endorse crime is the activities of pirates off the coast of Somalia. As of mid December 2010, Somalia pirates were holding at least 35 ships, more than 650 hostages, and had earned nearly US$240 million through ransoms. Their system has become so sophisticated that there is even a piracy stock exchange, Judge Tompkins told the audience.

A systemized ransom/reward structure does encourage and sustain illegal activity, and the direct costs of recovering stolen art have a detrimental effect on collections and access to art, according to Judge Tompkins.  However, he noted, “Legal prohibitions of activities where there is a potential for profit involved, simply do not work,” and suggested that in an ideal world, a victimized individual or institution would pay the money, get the artwork returned, find and prosecute the thieves, and then recover the ransom payment.

July 14, 2011

Thursday, July 14, 2011 - ,, No comments

ARCA's 2011 International Art Crime Conference: Mayor Riccardo Maraga Welcomed the Participants to Amelia

by Catherine Schofield Sezgin, Editor-in-chief

Mayor Riccardo Maraga welcomed participants of ARCA's third annual International Art Crime Conference to the Palazzo Boccarini in Amelia last Saturday, July 9.

When citizens of the 3,000 year old Umbrian town elected Maraga from the Democratic Party in May 2011, they voted in one of the youngest mayors in Italy.

A native of Amelia, Riccardo Maraga graduated in Law from the University of Perugia with a thesis on "Labor and the Constitution". Last October, he earned his doctorate in Economic Law.

Readers may find out more about the Mayor of Amelia and his projects through his website here and on his Facebook page where he announced on Tuesday that he has been selected as one of 40 Young European Leaders for a meeting in December to be held in Paris.

July 13, 2011

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