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February 8, 2013

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Bosnian Culture Heritage Survived the War but will it Survive the Nation's Peace?


by Lynda Albertson, ARCA's CEO

Bosnia's shuttered national museum in Sarajevo and the Bosnian Commission for Historic Monuments say they cannot loan The Metropolitan Museum of Art its Sarajevo Haggadah, a rare medieval illuminated manuscript that contains the illustrated traditional text of the Passover Haggadah, read during the Jewish Passover Seder.

They say the manuscript cannot be loaned because of the unresolved status of its home.  The 125-year old institution, The National Museum of Bosnia and Herzegovina (Zemaljski Muzej), has been left without funding as a result of the 1995 Bosnian peace agreement.  The signing of the Dayton Accord may have brought an end to the region’s conflict but it also effectively fractured the country into two parts: the Republika Srpska and the Federation of Bosnia and Herzegovina linked by a weakened central government. 

In the war’s aftermath, the crucial priorities of the country’s postwar leadership were rebuilding the economy, resettling an estimated one million refugees and establishing a working government amongst the ethnically mixed populace.  While the accord heralded a much-needed peace, it also created a constitutional vacuum, open to conflicting interpretations over the maintenance of the country’s cultural legacy. 

Within Bosnia and Herzegovina there are those who insist that the situation should be resolved giving responsibility for key cultural institutions to the state.   Others argue that since nothing is mentioned in the country’s constitution, the administration should remain with lower levels of government and its expenses should not fall on the common budget.
 
Many in Sarajevo hope that by rejecting the Met’s lending request, the situation will put pressure on the government to try to step in to resolve the issue, saving the museum and other key cultural institutions facing potential closure due to lack of funding and oversight.

Like with the more recently publicized Arabic manuscripts in Mali, this Sarajevo Haggadah’s preservation history is a testament to the lengths citizens from various countries have gone to protect their cultural heritage during times of conflict.

Handwritten on bleached calfskin and illuminated in copper and gold, the manuscript is believed to have originated in Catalonia in the mid 14th century.  Splashed among the pages are droplets of red wine, a testament to its use, most likely by a Sephardic family.  Historians believe that the manuscript was spirited out of Spain after King Ferdinand decreed that Jews should be expelled in 1492.

During this exodus, many Sephardic Jews relocated first to Provence and later to Venice. The Sarajevo Haggadah surfaced in Venice in 1609, during a period when Jews were prohibited from printing books and restricted to the islet of Cannaregio.  Subject to inspection during the inquisition, where texts perceived as dangerous to the Church were burned, the book was ultimately spared, as witnessed by the handwritten notation on its pages which was signed by the Dominican inquisitor of Giovanni Vistorini, censor of Hebrew texts.

The manuscript made its way eventually to Sarajevo, where it was housed but not displayed publically at the Archaeological Museum, now National Museum in Sarajevo.

During the Second World War the manuscript was hidden from Nazi forces through the ingenuity of the museum’s director, Jozo Petrovic, and Dervis Korkut, an ethnic Albanian Muslim who served as the museum’s chief librarian.  With the help of a Muslim imim in Zenica the Sarajevo Haggadah was hidden in a mosque’s library until after the war.

During the 1992-1995 Bosnian war the manuscript was again subject to great risk. Sarajevo was on the front line and constantly under siege by Bosnian Serb forces.  To keep the text safe from harm or potential looting the director of the Museum, Enver Imamovic under armed guardsequestered the manuscript in an underground vault at the National Bank. Despite being safe, several newspaper articles around the world speculated that the Sarajevo Haggadah  had been secretly sold and used to buy arms to support the ongoing conflict.  This rumor was proved false when the newly instated president of Bosnia presented the manuscript publicly at a community Seder in 1995.

In 2001 Jacques Klein, the head of the U.N. mission in Bosnia along with two international experts examined the Haggadah at the invitation of UNESCO. Through the joint efforts of the UN Mission, which donated $50,000,  Klein himself, the German Embassy in Bosnia and Herzegovina, the World Bank and Bosnia's Jewish community minor repairs were undertaken on the Haggadah, primarily working to conserve its binding.   A space to permanently exhibit the Haggadah was also established and the manuscript at last went on public display in December 2002.

In the last ten years Sarajevo's National Art Gallery, its National Library and the Historical Museum, have joined the National Museum in slow decline due to lack of funding.  Resourceful staffers first tried to squirrel away resources by cutting their heating, then staff salaries or in some cases, opening their doors to the public only a few days per week.  Eventually, failing to find alternative funding solutions, the National Museum was forced to lock its doors.

According to cultureshutdown.net, February 4, 2013 marked the National Museum in Sarajevo’s 125th anniversary.  Wooden planks were nailed over entrance last October despite pleas for civic intervention to save the museum and its collection. At this birthday celebration all well-wishers could do was light 125 candles and lay 125 roses.

The museum's deputy director, Marica Filipovic, said that the institution had survived two world wars and the Bosnian conflict: "But it seems it will not survive the peace.”

Here's a link to a report from Radio Free Europe last April on the Sarajevo Haggadah.

February 7, 2013

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Portrait of a Museum Theft Case: The 2007 Robbery of the Museum of Fine Arts in Nice

Jan Brueghel the Elder's
 "Allegorie de la terre"
by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

 Last night after looking up stolen snuffboxes on INTERPOL's Works of Art database, I curiously looked up Recovered Items and found a pair of paintings by Brueghel, Allegorie de la terre and Allegorie de l'eau, recovered in Marseille in June 2008. INTERPOL provides thumbnail images of the paintings; descriptions (in this case, for example, exterior scene with figures and animals, not religious); measurements; and the date of recovery. The rest of the information can be found from articles published online:
Brueghel's "Allegorie de l'eau"
On August 5, 2007, at about 1 o'clock on a Sunday afternoon, five masked thieves with weapons entered the Musée des Beaux-Arts in Nice and left five minutes later with the two paintings by Jan Brueghel the Elder and two Impressionist works: Claude Monet’s 1897 “Cliffs Near Dieppe” and Alfred Sisley’s 1890 “Lane of Poplars at Moret-sur-Loing” ("Four Masterpieces Stolen from French Museum", The New York Times, August 7, 2007).

Alfred Sisley's "Lane of Poplars at Moret"
Ten months later, French police recovered the four paintings in Marseilles and detained more than 10 people in Nice and Marseilles ("French police recover stolen art by Monet, Brueghel", Reuters, June 4, 2008).  The sting operation had involved undercover FBI Agent Robert Wittman posing as an American art dealer ready to purchase the stolen art for more than $4 million in cash ("From the Art World to the Underworld", Wall Street Journal, August 22, 2008).  In Wittman's memoir Priceless (Crown Publishers, New York, 2010), the then senior investigator of the FBI's Art Crime Team says that as of March 2007 he had "spent nine painstaking months undercover" as "some sort of shady American art dealer" trying to recover the paintings stolen in 1990 from the Isabella Stewart Gardner Museum in Boston.

In a Factual Proffer (United States v. Bernard Jean Ternus), the defendant, in an effort to cut a deal with prosecutors and avoid a trial, admits that from August 2007 to June 2008 he and his "co-conspirators" "knowing that the Nice paintings had been stolen" "brokered the sale" of the four works to undercover FBI and French National Police agents (the legal statement details those negotiations).  When the Nice paintings were recovered in Marseilles, Ternus was arrested in Florida. On July 8, Ternus pleaded guilty to "conspiring to transport in interstate and foreign commerce four stolen paintings knowing that they were stolen":
According to plea documents, on Jan. 19, 2008, Ternus met in Barcelona with undercover FBI agents and with an unindicted co-conspirator. At the meeting, Ternus and his unindicted co-conspirator negotiated a two-part transaction with the undercover FBI agents. They would sell all four stolen paintings to the undercover agents for a total of 3 million Euros. Two of the paintings would be transferred in exchange for 1.5 million Euros, and the remaining two paintings would be transferred on a separate date for 1.5 million Euros. According to information entered at court, the defendant and his unindicted co-conspirator structured the two-part transaction to retain leverage with law enforcement in the event anyone was arrested upon the sale of the first two paintings. If this occurred, they intended to use the remaining two paintings to bargain for the release of anyone who was arrested. (Department of Justice)
Ternus had a criminal history:
In addition to the conspiracy charge, Ternus also pleaded guilty to a visa fraud charge before U.S. District Court Judge Cecilia A. Altonaga in Miami. During the plea, Ternus admitted that he fraudulently concealed his French criminal history to obtain a U.S. visa, which he then used to enter and remain in the United States. During the plea, Ternus admitted that, prior to applying for his U.S. visa, he had been arrested in France on at least seven separate occasions, and that he had been convicted in France of assault with a deadly weapon. Ternus also admitted that he knew the visa he obtained and used had been procured by falsely claiming to have no French criminal history. (Department of Justice)
In this April 2009 article by Michael J. Mooney of The Broward Palm Beach New Times, "Trail ends in Florida",  the Nice museum thieves are identified as Pierre Noël-Dumarais "an escaped felon with a long record"; a former boxer; an "Armenian drug dealer living in Marseilles"; and two others.  Mooney tells of a fifth painting targeted in the theft but left on the floor when it couldn't fit into the bag for stolen loot.  According to Mooney, Ternus, living in Florida, got involved in brokering the sale of the Nice paintings via the Armenian drug dealer two months after the theft.  Ternus, according to Mooney, came to the dubious art broker from Philadelphia (Wittman) through local drug traffickers involved in selling cocaine from Colombia. In September 2008, Ternus was sentenced to five years in prison at the Federal Detention Center in Miami.

In March 2010, Ternus' conviction was affirmed ("Art thief appeals verdict") by the Eleventh Circuit:
Ternus challenges his conviction, arguing that the foreign commerce element in 18 U.S.C. § 2314 is “jurisdictional.” He contends that the district court lacked subject matter jurisdiction over his case because there was insufficient evidence in the record that he conspired to transport the stolen paintings in foreign commerce. Ternus’ guilty plea waived all non-jurisdictional defects in the proceedings against him.

In November 2011, the seven men on trial in Aix-en-Provenance claimed that the FBI had instructed them to steal the four paintings from the museum in Nice four years earlier.  A few days later, the French court passed out sentences of two to nine years to the guilty (Noël-Dumarais, who had used a weapon in the heist, received the longer term).

February 6, 2013

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Belgian Police Searching for Snuffboxes Stolen from Residence before New Year's Eve

INTERPOL has issued an alert that Belgian Police are searching for 18th and 19th century snuffboxes and boxes stolen December 30 from a Namur residence in the south of Belgium (INTERPOL added 56 stolen items to its  Works of Art Database).

One of the snuffboxes (dated 1795-1797), pictured to the left, is made of gold, diamonds, and translucent blue enamel.  On the lid is a portrait of Napoleon painted on ivory.  It is signed 'AUGUSTIN'.  The jeweller is identified as Adrien Jean Maximilien Vachette, the French goldsmith.  The snuffbox is engraved with "No. 35.E", the same number handwritten on a sticker inside the case that bears the coat of arms of the emperor.

In September 1979, the Smithsonian Institute reported the theft of a $125,000 gold snuffbox, a gift from the Russian Empress Catherine the Great to one of her lovers, Prince Gregory Orlov.  Three years later, the FBI revealed that the gold box had been stripped of its diamonds and melted down.

February 5, 2013

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Leila Amineddoleh Quoted in NYTimes Article "Lawyers Fight to Keep Auction Sellers Anonymous"

In the Feb. 3 New York Times article ("Lawyers Fight to Keep Auction Sellers Anonymous") by investigative journalist Tom Mashberg (co-author of Stealing Rembrandts), art lawyer Leila Amineddoleh (ARCA Alum 2010) notes that disclosing the identity of the seller could 'aid with provenance questions and enhance the future value of an item.'

Mashberg reports that an appellate court ruled last October to uphold a state law that requires the names of sellers be given to buyers in post-auction paperwork in order to close the sale.

February 3, 2013

Sunday, February 03, 2013 - ,,,, 1 comment

Cultural Property: Upcoming Conference on the Protection of Cultural Property in Asia

Here's a link to the Conference on the Protection of Cultural Property in Asia to be held February 15-18th in Thimpu Bhutan.  This conference, sponsored by INTERPOL and the Norwegian Minister of Foreign Affairs,  will include a session on the issues of working with INTERPOL in protecting and recovering cultural property in Bhutan.  We'll amend this post to include the final agenda once posted online.

February 1, 2013

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Art Crime in the Media: "Art Cops" Highlights theft of Stradivarius, The Romanoff Heist, and the Art Loss Register's Most Wanted

Here's a link to Art Cops, "A new series dealing with the theft of works of art, antiquities, books and maps from major museums, cultural institutions and collectors" (Twitter), hosted by Burt Wolf, a public television host of Travels & Traditions.

This episode, which aired on September 1, 2012 on Iowa Public Television, tells the story of "The Missing Stradivarius", the 1995 theft of a $3.5 million Stradivarius violin stolen from the New York City Apartment of Erica Morini while the 91-year-old Viennese violinist was dying in the hospital. The rare violin remains missing today.  (You can read more about stolen Stradivarius violins on the website of violinist Joshua Bell in an article by David J. Krajicek for The New York Daily News.  Mr. Wolf interviews Mr. Bell; Christopher Marinello of The Art Loss Register (and a frequent speaker at ARCA's art crime conferences); Dorit Straus, world-wide fine arts manager at Chubb Insurance Company (and an ARCA Lecturer); Bob Wittman, former FBI agent; and Bonnie Magness-Gardiner, head of the FBI's Art Crime Team.

The same episode discusses "The Romanoff Heist" when thieves stole twelve art works by Pop Artists Andy Warhol and Roy Lichtensteins from the residence of Robert Romanoff in Manhattan's Meat Packing District on Thanksgiving weekend in 2010.

Mr. Wolf also identifies three artworks Marinello and The Art Loss Register are "particularly interested in recovering": Pablo Picasso's Portrait of Dona Maar stolen in 1999 from the yacht of a Saudi Prince while anchored for repairs in the harbor at Antibes on the French Riviera; a portrait of Francis Bacon by Lucian Freud stolen when the Tate Gallery of London lent the painting to the Neue Nationalgalerie in Berlin; and the theft of a painting by Gustav Klimt in 1997 from a gallery under renovation in Italy (someone opened the skylight).

January 31, 2013

Thursday, January 31, 2013 - ,,,, No comments

Danny Boyle's 2013 "Trance" to Continue the Rakish Image of the Art Thief

"Anyone can steal a painting, all it takes is a bit of muscle, but no piece of art is worth a human life" says the (fictional) thief in the trailer for Danny Boyle's new movie, Trance, set to open in theaters in the United Kingdom on March 27 and in the United States on April 5.

Leah Rozen for BBC America reports that Danny (Slumdog Millionaire) Boyle's psychological thriller involving the theft of a Goya painting by an amnesiac thief (photogenically played by the Scottish actor James McAvoy) was filmed on location at the Victoria and Albert Museum in London.  McAvoy's character Simon is an employee at an auction house who grabs a painting off the wall during a diversion, bumps his head, and then allegedly requires a hypnotherapist (Rosario Dawson) to recovery the memory of where he hid the stolen painting before his violent associate (Vincent Cassel) tortures the recollection out of him.

Thursday, January 31, 2013 - ,,,, No comments

Gundlach Art Theft: Case against suspected art thieves slowly working its way through the court appearances

Last September thieves broke into the Santa Monica home of financier Jeffrey Gundlach and stole, amongst his possessions, some very valuable paintings.  Two weeks later, on the other side of Los Angeles County, with the cooperation of various law enforcement agencies, the paintings were recovered and the arrests began.  By early January, six people had been charged in the theft and appeared in court to plead "not guilty" (this is called an arraignment).  A preliminary hearing is scheduled for February 6 at 9 a.m. in Department 142 at the Airport Branch of the Los Angeles Superior Court.  This appearance in court is a just a proceeding to determine if there is sufficient evidence to require a trial.

This theft and recovery of these multimillion dollar paintings seem less glamorous than art thieves  portrayed in the media.  You can read all about art thieves and the media in a piece by Katie Ogden (ARCA 2009) on the ARCA blog here.

January 27, 2013

Sunday, January 27, 2013 - ,,,,,, 1 comment

Recapping the Villa Giulia Symposium - Italy’s Archaeological Looting, Then and Now

By Lynda Albertson,  ARCA 's  CEO

Waking this morning and checking the news bureau in the US I came across the January 26th New York Times editorial piece The Great Giveback by Hugh Eakin.

Before proceeding further, let me state that despite the almost 2,000 words of commentary by the senior editor of the New York Review of Books of his personal opinion as to what the motives are in countries like Italy in seeking restitution of their looted art, Eakin doesn’t seem to be talking thoughtfully with anyone in Rome at the present time.  If he is, he certainly isn’t attentive to what people closely involved in these cases are saying.

Having just spent last Thursday, January 24th at the round table symposium at the Villa Giulia hosted by Alfonsina Russo, Superintendent Archaeologist for Southern Etruria, in reviewing the work conducted in these contentious cases over the last 15+ years, I can assure you that extortion is not, nor has it ever been, a nefarious motive in seeking the return of Italy’s looted antiquities.

Italy’s motive, if it can be summed-up in a simple statement, is to preserve and protect the country’s antiquities for all its generations, and in doing so, by recording objects in their discovered contexts, expanding upon our knowledge of the ancient world.

While not as intimately informed about the impetuses for reinstatement of looted art in Greece or Turkey, I think I can speak fairly knowledgeably that like Italy, their objectives are not to strip foreign museums bare of their collections but to protect what is legally defined as theirs.  While at times it can seem prosecutorial, these countries, like Italy, seek to right past wrongs, intentionally malicious or not, and to uphold current international law. Ancillary to that is to examine preventative measures so that the illicit trade in antiquities doesn’t merely shift to alternate buying markets.

Last Thursday’s meeting in Rome was a chance for people directly involved in the Italian looting cases of which Mr. Eakin speaks to see how far their country has come in working for the return of works of art stolen or exported illegally.  Knowing that as recently as 3 weeks ago a tomborolo in Vulci,  Alberto Sorbera, from Montalto di Castro, suffocated while looting an Etruscan tomb, they are faced with daily evidence which starkly highlights that the country has a long way to go in eliminating its looting problem.

The Villa Giulia meeting was a solemn one.  Thursday’s talks started with an introduction by the Director General for Antiquities Luigi Malnati, who spoke of the continuing difficulties Italy has in terms of manpower and financial potency in securing cultural heritage sites, especially those in remote areas. His exact words were “Senza il controllo del territorio, non si fa nulla”.

Italy’s law enforcement also spoke.  I listened to the thoughtful words of retired General Roberto Conforti, former Commander of the Carabinieri TPC (Tutela del Patrimonio Culturale) who spoke about the early days of the TPC.  He explained how Italy’s Ministry of Culture trained officers on the intricacies of the art world and how, during his tenure, the collaborative efforts of judges, consultants, and museum personnel culminated in much of what we know today of the illegal trade dealings of the principal suppliers involved in these US and foreign museum related cases.

Major Massimiliano Quagliarella, Head of Operations Carabinieri Cultural Heritage Protection and Major Massimo Rossi, Commander of the Cultural Heritage Protection Group of the Guardia di Finanza each spoke about current and ongoing investigations involving recent incidents of plundered art.  Their statistics emphasised that despite growing public awareness, international focus from the archaeological world and cooperation between nations and museums in requesting the return of pillaged objects, the number of looting sites throughout Italian territories are still significant.  Their statistics and images of recent looting served to highlight that the problem with trafficking is ongoing, even if current buyers do not appear to be museum heads.

Maurizio Fiorilli, Attorney General of the State; Guglielmo Muntoni, President of the Court of Review of Rome; and Paolo Giorgio Ferri, former magistrate for the Getty and Met cases and now a judicial advisor to the Directorate General for Antiquities, also spoke of the complexity of Italy’s antiquities trafficking problem.  Fiorilli voiced his opinion that it is necessary for Italy to apply not just judicial pressure, but political pressure as well if Italy is to uphold seizure orders such as the one for The Getty Bronze.  This statue known in Italy as l’Atleta di Fano, the signature piece of The Getty's embattled antiquities collection, was, according to Italian court records, illegally exported before the museum purchased it for $4 million in 1976.

Muntoni spoke about the horror investigators felt when viewing the hundreds of polaroid photos Tomboroli took of Italy’s looted artwork, seen broken and stuffed into the trunks of cars with dirt still clinging to them. He also mentioned his personal disappointment that professional archaeologists and museum curators used U.S. tax laws to inflate the value of donated objects in a rush to have wealthy patrons collude with them to add to their collections.

Paolo Girogio Ferri listened to me thoughtfully as I talked about the continued need to find compromises that neither destroy US museum reputations nor allow them to indefinitely delay the return of objects they know should be returned.  We discussed the lock system of illicit trafficking, and how at the end of the day antiquities should be perceived not just as cultural heritage but as merchandise, and that as long as there are buyers and unprotected territories with objects the buyer wants, looting will continue to represent a problem for safeguarding Italy’s cultural patrimony.

Italian journalists Fabio Isman and Cecilia Todeschini spoke first-hand about current looting cases and the tireless archaeologists in small regional museums who try their best, despite limited funding, to protect what they can.  Daily though, these front-line soldiers take photos of their battle scarred regions as evidence that Italy’s battle against the theft of antiquities has not been won.

Isman highlighted the facts surrounding a very recent article he published in Il Messagero, I predatori dell'arte perduta:due leoni alla corte del Getty, where he brought Italy’s attention to two 1912 archive photographs from the German Archaeological Institute (DAI) taken of the front of the Palazzo Spaventa in Pretùro near Aquila. The photos show two lions, originating from the ancient Sabine city of Amiternum, which flank an entrance to the building as sentinels.  The fact that they are there is not surprising.   This area of the Abruzzo and surrounding territory are known to have been an important zone where Roman funerary lions were carved. What is puzzling is when they were removed and how and when they were trafficked out of Italy.

What we do know though is where they are at present.  Acquired by The Getty in 1958 through some of the same trafficking channels made famous by the more public cases Mr. Eakin has written about, the two statues languish in the museum’s storage.  Not even on display, the Getty's records attribute the lions' provenance to an old Parisian collection and place their origins as Asia Minor.

The topics of these speakers at Thursday’s symposium are just a selection of some of the vocal Italian voices heard at the Villa Giulia this past week.  Their focus is not strong-arm tactic or hostile threat but an honest effort on the part of those involved and who have spent thousands of hours pouring over more than 70,000 pages of evidence to locate the currently-known 1500 trafficked pieces at 40 identified museums.

Trophy hunting?  I think not.  I think Italy is trying to find the head of the snake when so far it had only just started to uncover its tail.

January 26, 2013

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