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February 28, 2012

The Journal of Art Crime, Fall 2011: Donn Zaretsky's column "Art Law and Policy"

In Donn Zaretsky's regular column, "Art Law and Policy", the attorney asks "When is a citizen not a citizen for purposes of foreign sovereign immunity?" in the Fall 2011 issue of The Journal of Art Crime.

Mr. Zaretsky tries to answer that question in his column:
The case that The New York Times has called “the world’s largest unresolved Holocaust art claim” may provide an answer to that question. In de Csepel v. Republic Of Hungary (10-cv-1261), heirs of the Hungarian banker Baron Mor Lipot Herzog sued in United States District Court in Washington seeking the return of a collection worth more than $100 million. Since the suit is against the Republic of Hungary (and several of its state-run museums, where much of the collection still hangs), the question of foreign sovereign immunity naturally presents itself. The plaintiffs say the doctrine doesn’t apply because the works were taken in violation of international law -- even though it is well-established that a state’s taking of the property of its own citizens cannot violate international law. In a recent decision (issued September 1, 2011), the District Court agreed.
Donn Zaretsky is an art law specialist at the firm John Silberman Associates and a leading name in the art law corner of the legal blogosphere. Zaretsky publishes the Art Law Blog at  and is frequently cited by journalists for his commentary on art-related legal matters.

You may read Mr. Zaretsky's opinion in ARCA's publication, The Journal of Art Crime, by subscribing here.

February 27, 2012

The Journal of Art Crime, Fall 2011: Christopher A. Marinello and Jerome Hasler on "The Flap Over Scrap: Theft and Vandalism in Exterior Sculptures"

In the Fall 2011 issue of The Journal of Art Crime, Christopher A. Marinello and Jerome Hasler look at "The Flap Over Scrap: Theft and Vandalism in External Sculptures". Here an excerpt:
Every morning on their way to the Notting Hill tube many individuals run into (sometimes literally) Nadim Karam's Carnival Elephant sculpture, idly evoking the movement of people around it with it's gently revolving fan, spinning in unison with the whirlwind of activity at the Newcombe Piazza. Last week, however, the fan was not moving: some rascal had indiscriminately broken off one of the blades. The stasis causes many to wonder how and when the watchful elephant will be repaired, following the unholy act of animal cruelty enacted upon it. 
Deliberate damage upon public sculptures and monuments is by no means a modern development. Indeed even medieval morons pried bronze clamps and support bars from inside the walls of Rome’s Colosseum for use elsewhere in the city, owing in part to their own inability to manufacture the building materials they required.
Jerome Hasler is a student of the Courtauld Institute of Art, London.

Christopher A. Marinello had been a litigator in the criminal and civil courts in New York for over 20 years before joining the Art Loss Register as Executive Director and General Counsel. Chris has represented galleries, dealers, artists and collectors and is currently managing US and worldwide art recovery cases for the London based organization. The Art Loss Register is the world’s largest international database of stolen, missing and looted artwork. It is used by law enforcement agencies, the insurance industry, the art market, museums and private collectors, who can commission pre-sale due diligence checks as well as fine art recovery services. Chris serves as the ALR’s chief negotiator and has mediated and settled numerous art related disputes as well as several high-profile Holocaust Restitution claims. He is often asked by law enforcement to take part in clandestine art recovery operations and has participated in numerous international conferences on stolen artistic property. Chris has taught Law & Ethics in the Art Market at New York University SCPS, Seton Hall University and Sotheby’s Institute of Art, Masters Degree Program. He is also a member of Advisory Council of the Appraisers Association of America and Inland Marine Underwriters Association.

February 26, 2012

The Journal of Art Crime, Fall 2011: David Gill's Column "Context Matters" looks at "Compliance and the Antiquities Market

In the Fall issue of The Journal of Art Crime, David Gill, in his column "Context Matters" looks at "Compliance and the Antiquities Market." Here's an excerpt from his column:

Over the years there has been a major change in the way countries have sought to reclaim archaeological material that had been looted. Claims have been made against the background of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This was accepted by the USA in 1984 and by the United Kingdom in 2002. 
Attempts to reclaim material were extended and tended to take time to go through the legal channels. Such disputes included the Kanakaria Mosaics to Cyprus, the Dekadrachm Hoard and the Lydian Treasure to Turkey, and the Aidonia Treasure to Greece. The case of the Sevso Treasure is unresolved as although it was certainly removed from its archaeological context by unscientific means, it has not been possible to confirm where this hoard was found. 
The seizure of the Medici Dossier in the Geneva Freeport (and related photographic archives in Basel and in Greece) has allowed the Italian authorities to adopt a different strategy. Images of objects in a fragmented state or still covered in mud have been an emotive force in the rhetoric surrounding the returns. Museums that were reluctant to negotiate were persuaded that bad publicity could be avoided if discussions about returns were initiated. In one case a major North American museum was shown images in 2005 and less than a year later had arranged to return 13 antiquities to Italy. It was, and is, hard to argue that something was in “an old collection” when the object had been recorded in a distressed state subsequent to the 1970 UNESCO Convention. 
Yet compliance has been reluctant in some quarters. Boston’s Museum of Fine Arts was aware nearly twenty years ago that the torso of a Weary Herakles fit the abdomen and legs of a statue that had been excavated at Perge in southern Turkey. The presentation of a collection history that suggested that the torso had surfaced in Germany in the 1950s was a distraction. The situation was made more complicated as the donors had retained part ownership of the torso. Full title was eventually transferred to the MFA.
David Gill is Head of the Division of Humanities and Professor of Archaeological Heritage at University Campus Suffolk, UK. He is a former Rome Scholar at the British School at Rome. He returned to Newcastle University as a Sir James Knott Fellow where he laid the foundations for Artful Crafts: Ancient Greek Silverware and Pottery (Oxford: Clarendon Press, 1994) written with Michael Vickers. He was appointed Museum Assistant in Research in the Department of Antiquities at the Fitzwilliam Museum, Cambridge where he had curatorial responsibility for the Greek and Roman collections. He then moved to Swansea University where he was Reader in Mediterranean Archaeology. His Sifting the Soil of Greece: the Early Years of the British School at Athens (1886-1919) (London: Institute of Classical Studies, 2011) was published to coincide with the 125th anniversary of the School.

February 24, 2012

The Journal of Art Crime, Fall 2011: Leila Amineddoleh on "The Pillaging of the Abandoned Spanish Countryside"

The Fall 2011 issue of The Journal of Art Crime features an article by ARCA Alum (2010) Leila Amineddoleh on "The Pillaging of The Spanish Countryside", first presented at the International Crime Conference in Amelia last July.

Abstract: Spain is rich in art treasures: artwork ranging from religious works, modern paintings, ancient architecture, Roman ruins, and Visigoth remnants are densely scattered across Spain’s cities and countryside. Whereas some of the art is world-renowned and protected, much of the art is still hidden in churches and in depopulated towns and is left vulnerable to damage and theft. 
Spain’s cache of hidden works has great cultural value to the Spanish cultural identity; however, these works are often misappropriated because their existence is virtually unknown or unprotected. In light of the international upset over the theft of the Codex Calixtinus, this paper sets forth recommendations for Spain to follow to protect is patrimony, most importantly the necessity of creating an extensive catalogue, encompassing both State and Church property.
Leila Amineddoleh is an art law and intellectual property attorney in New York City. Upon graduation from law school, she worked as a litigator at Fitzpatrick Cella for three years. She then worked as a legal consultant, and recently joined Lysaght, Lysaght & Ertel. She is Of Counsel at the firm and the Chair of the Art Law Group. Recently she joined Fordham University School of Law where she teaches Art Law as an adjunct professor. Prior to the pursuit of her legal degree, Ms. Amineddoleh received her B.A. from NYU, and she completed ARCA’s Postgraduate Program in 2010.

You may subscribe to The Journal of Art Crime through the ARCA website here.

February 23, 2012

The Journal of Art Crime, Fall 2011: John Daab on "Flouting the Law through Fine and Decorative Art Appraising"

The Fall 2011 issue of The Journal of Art Crime features an academic article by returning contributor John Daab.
ABSTRACT: In appraising fine and decorative art, there are standards available in carrying out the process. The Uniform Standards for Professional Appraisal Practice were developed to protect the appraiser, client, and the public against bad appraisals. Over the last 5 years appraisals filed with the Internal Revenue Service have a hit rate of about 30-40%. That is, the 23 IRS Art Panel reviewers made up of experts in the field of art have found over the last 5 years the 500 or so appraisals filed for donations, estates, or capital gains/losses failed to satisfy USPAP or legal standards required for an IRS qualified appraisal in at least 6 to 7 out of every 10 cases. The significant point is that those bad appraisals, not reviewed, are costing the public millions of dollars in tax dollars. Further, appraisal violations not only cost the appraiser in terms of penalties, but the client has to pay unnecessary interest costs and penalties as well. This article looks at the history of the appraisal process, its structures, the expectations of an appraisal in violation of the standards, the liabilities associated with an appraisal in violation of the standards and laws, and those factors lending themselves in the promotion of fraudulent appraising. From the analysis the article offers suggestions to hold back the spate of poorly developed appraisals.
John Daab is a Certified Fraud Examiner specializing in art and forgery research through the Association of Certified Fraud Examiners. A Certified Forensics Consultant and Accredited Forensic Counselor, he is also a Registered Investigator with the American College of Forensic Examiners International. His academic credentials include a BA,/MA Philosophy, MBA Business, MPS/Industrial Counseling, MA Labor Studies and a PhD in Business Administration. John has also completed New York University’s Fine and Decorative Art Appraisal Program and is completing a docent program at Princeton University. He is a member of the National Sculpture Society, the Association of Certified Fraud Examiners, the American College of Forensic Examiners Institute, Association for Research in Crimes Against Art, and The Fine Art Registry. In addition to his awards for teaching management and service to NYU, John has published more than 70 articles and authored, The Art Fraud Protection Handbook. Having recently completed a second book, Forensic Applications in Detecting Fine, Decorative, and Collectible Art Fakes and is now working on his third book on the Business of Art.

You may subscribe to The Journal of Art Crime through the ARCA website here.

February 22, 2012

The Journal of Art Crime, Fall 2011: Hasan Niyazi on "The Art of Seeing - A Leonardo Case Study"

In the current issue of The Journal of Art Crime, Fall 2011, Hasan Niyazi writes on "The Art of Seeing - A Leonardo Case Study":
ABSTRACT: An exploration of the scientific and stylistic processes employed to determine the date and authorship of an ink on vellum drawing of a young girl. Sold by Christie's as a pastiche by a German 19th century artist, the results of the investigation nominated Leonardo da Vinci as the probable author of the drawing. An examination of critical response and possible implications of the phenomenon known as 'CSI effect is also considered.
Hasan Nayazi is an independent arts writer based in Melbourne, Australia. With a background in clinical sciences, he seeks to apply the logical processes inherent in clinical decision making into his researches on the mode of reporting in the authentication of artworks. He maintains a weblog dedicated to these efforts at http://3pipe.net and tweets as @3pipenet.

You may obtain a copy of this issue of the Journal of Art Crime or past volumes through subscription at the ARCA website here.

February 21, 2012

The Journal of Art Crime, Fall 2011: Aviva Briefel on "Imperfect Doubles: the Forger and the Copyist"

Aviva Briefel, an Associate Professor of English at Bowdoin University, has published “Imperfect Doubles: The Forger and the Copyist” in the Fall 2011 issue of The Journal of Art Crime, the first peer-reviewed journal on the interdisciplinary study of art crime.

Here is the abstract of the article:
The nineteenth-century forger emerged as an unlikely model of middle-class selfhood, embodying the bourgeois ideals of industriousness, education and thrift. More than this, he offered an example for living in a capitalistic society without being contaminated by it. Although his artistic productions supplied a market demand, he escaped the charge of base materialism. Representations of the forger were rigorously gendered; he was always male. The forger embodied a set of prized masculine values that had to be guarded from female intrusion. Contemporary literary, artistic, and journalistic texts constructed the figure of the female copyist to guard the parameters of faking. The depicted the copyist as the forger’s imperfect double; while their work methods were often the same, they were separated by a world of difference.
Aviva Briefel is the author of The Deceivers: Art Forgery and Identity in the Nineteenth Century (Cornell University Press, 2006) and co-editor of Horror after 9/11: World of Fear, Cinema of Terror (University of Texas Press, 2011). She is currently at work on a book titled Amputations: The Colonial Hand at the Fin de Siècle.

The 2011 Fall Issue of the Journal of Art Crime is available as an electronic journal through subscription at ARCA’s website here.

February 20, 2012

Monday, February 20, 2012 - , No comments

The Journal of Art Crime, Fall 2011: Now Available

The sixth issue of The Journal of Art Crime, the first peer-reviewed academic journal on the interdisciplinary study of art crime, is now available. The journal is edited by Noah Charney, founder and President of the Association for Research into Crimes against Art.

Lynda Albertson, ARCA's new Chief Operating Officer since September, has written a "Letter from Rome":
"As ARCA's new CEO I hope to raise awareness at the grass roots level of another type of art crime: public apathy: public apathy and destruction to our collective cultural patrimony. I want to encourage cultural stewardship and promote public awareness at the individual level as well as the professional one, to facilitate greater community awareness that each of us has a social responsibility for the protection and care of the art, places, and material culture that define us as not only a civilization but as human beings."
This issue includes four academic articles: Aviva Briefel's "Imperfect Doubles: The Forger and the Copyist"; Hasan Niyazi's "Enhancing the Art of Seeing - A Leonardo Case Study"; John Daab's "Flouting the Law through Fine and Decorative Art Appraising"; and Leila Amineddoleh's "The Pillaging of the Abandoned Spanish Countryside".

The regular columns feature Donn Zaretsky's Art Law and Policy; David Gill's Context Matters on "Compliance and the Antiquities Market"; and Christopher A. Marinello and Jerome Hasler on "The Flap Over Scrap: Theft and Vandalism in Exterior Sculptures".

Editorial essays include Howard N. Spiegler's "What the Lady Has Wrought: The Ramifications of the Portrait of Wally Case"; Paolo Giorgio Ferri's "Are Penal Procedures Only a Last Resort?"; General B(a) CC Giovanni Pastore's "Archaeology and the Problem of Unauthorized Excavation in Italy"; and Noah Charney's Lessons from the History of Art Crime.

Reviews include three by Diane Joy Charney: Nathaniel Herzberg's "Le Musée Invisible: Les Chefs-d'oeuvre volés"; Vivant Denon's "No Tomorrow"; and Terence M. Russell's "The Discovery of Egypt: Vivant Denon's Travels with Napoleon's Army".  Noah Charney reviews Sandy Nairne's "Art Theft and the Case of the Stolen Turners."

Other contributions include Noah Charney's Q&A with Sandy Nairne and another with Stuart George; his regular contribution, "The Art We Must Protect: Top Ten Must-See Artworks in Florence"; a Synopsis of ARCA's Third International Art Crime Conference; and the 2011 ARCA Award Winners.

You may subscribe to The Journal of Art Crime through ARCA's website or purchase individual issues at Amazon.com.

The Journal of Art Crime welcomes submissions to be considered for publication. The Journal of Art Crime publishes both academic articles, subject to anonymous peer review, and editorial articles, book reviews, interviews, and news items, making it an ideal, informed and scholarly go-to source for information and discoveries in the world of art crime. Relevant subjects include law, theft, forgery, security, investigation, the illicit trade in antiquities, art looting in war, vandalism and iconoclasm, and museum studies. To submit a paper, subscribe, or if you have any questions, write to editor (at) artcrimeresearch.org.

February 19, 2012

ARCA Announces Nominees for 2012 Awards to be Presented at the International Art Crime Conference in Amelia in June

For the past three years, the Association for Research into Crimes against Art (ARCA) has recognized the professional contributions of four people for the protection of art and cultural property at its International Art Crime Conference in Amelia, the home of the postgraduate certificate program. This month ARCA's Trustees and the Editorial Board of The Journal of Art Crime will again vote for the winners or four awards.

The Award for Art Policing and Recovery (which usually goes to a police officer, investigator, or lawyer). This award has been given to former Director of Scotland Yard's Arts and Antiquities Squad  Vernon Rapley (2009), former Scotland Yard investigator Charlie Hill (2010), and former Italian State prosecutor Paolo Giorgio Ferri (2011). The 2012 nominees for the award for Art Policing and Recovering are Don Hyrycyk, Los Angeles Police Department; Alain Lacoursière, founder of Quebec's Art Theft Squad; Sharon Cohen Levin, Chief of the Asset Forfeiture Unit in the United States Attorney's Office for the Southern District of New York; Maurizio Seracini, art historian and scientist searching for Leonardo da Vinci's lost "Battle of the Anghiari" in Florence; and Christos Tsirogiannis, Archaeologist, Illicit antiquities researcher at the University of Cambridge.

The Award for Art Protection and Security (usually goes to a security director or policy-maker); this award has acknowledged the work of former mayor of Rome Francesco Rutelli (2009); Dick Drent, security director of Amsterdam's Van Gogh Museum, (2010); and archaeologist Lord Colin Renfrew (2011). The 2012 nominees for this award are Colonel Mathew Bogdanos, United States Marine Corps Reserves, Senior Investigative Counsel, Assistant District Attorney, New York; Dr. Laurie Rush, manager of the Fort Drum Cultural Resources Program; and (jointly) Karl von Habsburg, President, Association of National Committees of the Blue Shield and Dr. Joris Kila, Chairman, International Military Cultural Resources Work Group.  

The Eleanor and Anthony Vallombroso Award for Excellence in Art Crime Scholarship (to a professor or author). Past winners include Norman Palmer (2009); Larry Rothfield (2010); and Neil Brodie (2011). This year's nominees are Jason Felch and Ralph Frammolino for their book, Chasing Aphrodite; Fabio Isman, Journalist Il Messaggero, Italy; Sandy Nairne, Director of the National Portrait Gallery of London and author of Art Theft and the Case of the Stolen Turners.

The Lifetime Achievement in Defense of Art Award (given to an individual or institution in recognition of many decades of excellence in the field) has been conferred to the Carabinieri Division for the Protection of Cultural Heritage collectively (2009); attorney Howard Spiegler (2010); and cultural property expert John Henry Merryman (2011). This year's nominees are Dr. George Okello Abungu; Colonel Mathew Bogdanos; Mark Dalrymple, Managing Director of Loss Adjuster at Tyler & Co. (Adjusters) Ltd.; Sandy Nairne; and Maurizio Seracini.

The awards will be presented to the winners at the International Art Crime Conference on June 23 and 24 in Amelia, Umbria, Italy.

February 18, 2012

Museum of the History of the Olympic Games: England's Channel 4 News 'Armed robbers loot ancient Greek museum'

Follow this link "Armed robbers loot ancient Greek museum" to view a video about the theft of the Museum of the History of the Olympic Games on February 17, 2012. ARCA Instructor Dick Ellis is quoted in the accompanying article (excerpts here):
As a pair of armed robbers bound and gag a security guard to steal dozens of ancient artifacts from the Olympia museum in Greece, Channel 4 News goes hot on the trail of the illicit antiquities trade. "It has become an organised crime business," said Richard Ellis. A former Scotland Yard detective who set up the Metropolitan Police's Art and Antiques Squad, the specialist art and antiquities crime investigator has worked on the recovery of some of the world's most famous paintings, including Edvard Munch's The Scream. 
The latest known theft to have taken place only happened this morning, when two armed robbers broke into an Olympia Museum and made off with between 60 to 70 bronze and clay pottery objects. They tied up and gagged the female security guard before using hammers to smash display cases and grab the loot. That followed the theft last month of a Picasso and a Mondrian from the capital's National Gallery. Today's incident prompted the culture minister, Pavlos Geroulanos, to tender his resignation, amid outcry that the nation's priceless treasures were no longer safe in state hands. Now, Mr Ellis told Channel 4 News, "the incentive is there to make money in Greece". And they may well begin a life which sees them travel from the poorer hands of the lowly thieves who broke into the museum to reach the lucrative shores of London or New York, and in some cases, find themselves auctioned off for tens of millions of dollars. "I am sure the current economic situation is Greece is triggering people to become more active," Mr Ellis said. "I would expect these objects are going to get moved. It's a transitional country for other stolen goods, and they can go west or east." 
According to Mr Ellis, many are looted or excavated by poorer local people looking to make some fast yet small amounts of cash, before being sold on to intermediaries. The real mark up, he says, comes in the stage after that, after they have been passed on to dealers. From here they can end up in auction houses or with private collectors, having changed hands for millions of dollars. In some cases, Mr Ellis said, collectors are aware they are trading in illegal goods, despite a rise in 'due dilligence' to establish the provenance of items.
The article also includes a perspective from Christos Tsirogiannis, [a contributor (along with David Gill) to ARCA's Journal of Art Crime] a researcher in illicit antiquities and repatriation cases at Cambridge University, and a former archeologist with the Greek police squad.
"All the countries that are in decline, with financial problems, and yet hosted ancient civilisations, such as Greece, Italy and Egypt - they are going to see big problems. In Greece, this is connected with the financial situation. We will have more of such things coming up in the next few months. The people who stole this are uneducated people with no money, who are not aware it will be difficult to give these objects to the market as they are recorded, and there are pictures of them. They do it for money, but they are not aware it will be really difficult to get rid of them." It may be the case that some of them end up in refrigeration trucks transporting food in order to be smuggled across borders, through Turkey and the former Yugoslavia, before reaching Europe where they are likely to fetch up a higher price. Another popular route for other goods illegally seized or excavated from Asia, Mr Tsirogiannis said, is aboard ships to Italy. From there they may make their way to Switzerland, and from there, he said, they may be laundered in auctions in London and New York before being sold to private museums and collectors.