Edgar Tijhuis

This article discusses a number of criminological typological interfaces, and shows how they might apply to art crime. A number of interfaces from these typology could be used to understand particular activities within the illicit trade. Several interfaces commonly discussed by criminologists will turn out to be superfluous to the understanding the illicit art trade. The discussion of this typology in this article will show that seven of ten commonly-discussed interfaces could be used to understand the relationships between actors in the illicit art trade. These seven consisted of two antithetical interfaces and five symbiotic interfaces. The antithetical interfaces are the injurious and antagonistic interfaces; the symbiotic interfaces included the outsourcing, reciprocity, collaboration, co-option and synergy interface. Three interfaces seem superfluous, as far as the illicit art trade is concerned: the predatory, parasitical and funding interface.

Art crimes, like other crimes, in most cases ultimately depend on legal actors and the legitimate market. Without a legal market in art, or other goods, there would be no point in stealing them, at least in most cases. Exceptions to the rule are of course figures like Breitweiser or the infamous, but rarely found, rich collectors buying secretly from thieves or fences. 

Despite the above, criminologists and others often describe and analyze crimes by focusing primarily on the criminals, and not the environment around them, including legal businesses, government agencies, etc. When this environment is mentioned, legal actors are often assumed to be either victims or actors with a minor stake in the crime. To shed more light on the role of legal actors and the interaction between legal and illegal, my PhD study specifically focused on the interfaces between legal and illegal actors, around transnational crime (Tijhuis: 2006). A typology of interfaces was refined, and a model was developed to understand the transformation from transnational crimes to legitimate activities. The study was based, in the first place, on a study of transnational crime in general, including all kinds of crimes ranging from, for example, arms trafficking, human trafficking, terrorism, to drug trafficking. Secondly, it was based on a thorough study of the illegal art and antiquities trade, and this typology and model was applied to this field of crime. 

In this article, the interface typology will first be described. After that, the typology will first be described. After that, the typology will be applied to art crimes. The article is, in part, a reproduction of a portion of chapter 8 of the aforementioned PhD study, dealing with the illicit art trade (Tijhuis, 2006: 143-167).

Greek (Late Hellenistic Period) (2nd century BC - 1st century AD) Statue of a Young Boy Virginia Museum of Fine Art

Since 2006, about 200 antiquities of exceptional quality, depicted in the confiscated Medici, Becchina, and Symes-Michaelides archives, have been identified by the Italian authorities as looted, and have been repatriated from North American museums, private collectors, antiquities dealers, galleries and auction houses (for the latest update of the list see Tsirogiannis 2013). Most of these antiquities have been already published and exhibited, with an acknowledgement of their looted past (e.g. Godart & De Caro 2007; Gill & Chippindale 2007: Godart, De Caro & Gavili 2008; ICE 2012; ICE 2013). While details of the acquisitions regarding these looted antiquities were first being published (e.g. Watson & Todeschini 2006 and 2007; Gill & Chippindale 2006, Isman 2009), demonstrating that many of these objects had been sold with fabricated collecting histories (e.g. the famous Euphronios krater at the Metropolitan Museum of Art in New York, now in Rome), new cases started to emerge. This article attempts to trace the true journey of another antiquity, reveals new evidence regarding its collecting history, researches the implications arising and exposes, once again, the way the international illicit antiquities network has been operating in recent years.

Christos Tsirogiannis

Christos Tsirogiannis studied archaeology and history of art in the University of Athens, then worked for the Greek Ministry of Culture from 1994 to 2008, excavating throughout Greece and recording antiquities in private hands. He voluntarily cooperated with the Greek police Art Squad on a daily basis (August 2004 – December 2008) and was a member of the Greek Task Force Team that repatriated looted, smuggled and stolen antiquities from the Getty Museum, the Shelby White/Leon Levy collection, the Jean-David Cahn AG galleries, and others. Since 2007, Tsirogiannis has been identifying antiquities in museums, galleries, auction houses, private collections and museums, depicted in the confiscated Medici, Becchina and Symes-Michaelides archives, notifying public prosecutor Dr Paolo Giorgio Ferri and the Greek authorities. He will shortly receive his Ph.D. at the University of Cambridge, on the international illicit antiquities network viewed through the Robin Symes–Christos Michaelides archive.

Mr. Tsirogiannis introduces his article with 'Facts and Evidence':

According to the Becchina archive (CD 1, pagina 5, foto 1375), Mario Bruno -- who was known as a "receiver of stolen goods" (Watson & Todeschini 2007:86) and "a major grave-robber" (Isman 2008:30) sold 12 antiquities to Gianfranco Becchina, on 22 August 1987. Among these antiquities was a marble statue of a boy. This is depicted in a cut-in-half Polaroid image, covered with soil, with its head cut and lying on (what appears to be) a white cloth. A bunch of keys and a corkscrew are depicted beside the statue, at the lower left corner of the image, to provide an idea of the statue's scale. A large "X," added later with a blue marker to the image, indicates that the statue was sold by Becchina at some point after 22 August 1987. the image is struck on a notebook page prominently entitled "da Mario 22/8/1987" (from Mario 22/8/1987"). A handwritten entry, referring to this statue, notes:

Statua marmo con testa forse ritratto di figlio di imperatore. pag. cash 45' CH

"Marble statue with head, perhaps portrait of the son of an Emperor. Paid cash 45 [000?] CH [Swiss Francs]." 

At the right side of the image there is a note, in the same blue marker with which the "X" was made: "=V Fried" (but the "V" was written with a thin black pen). The use of the blue marker by Becchina to write "=[V] Fried" suggests that the statue was sold by Becchina a substantial amount of time after it was bought from Bruno (see below). Indeed, all the entries for all 12 antiquities were written with the thin black pen at the time of their acquisition from Bruno; the same blue marker annotates 5 of these objects, indicating that they were sold by Becchina in a later period (there are no further notes on the page regarding a later sale of the remaining 7 antiquities). In the abbreviated code, used by Italian members of the international illicit antiquities network, "V" stands for venduto, "sold" (the same code was used by Medici, see Felch & Frammolino 2011:174). Thus, Becchina's handwritten note means "sold to Frieda."

Frieda Tchacos-Nussberger was the owner of the antiquities gallery Nefer in Zurich, and maintained strong bonds with Becchina and Symes-Michaelides. Indeed, the same statue of a boy that passed from Bruno to Becchina in August 1987 appeared in the Nefer gallery antiquities catalogue in 1989 (Galerie Nefer Ancient Art 1989:26, no. 28). As the statue was not included even in the 1988 Nefer antiquities catalogue (Galerie Nefer Ancient Art 1988), it was probably sold to Becchina to Tchacos about a year later, a gap also suggested by the change of pen to mark the image now in the Becchina archive. In the 1989 Nefer catalogue, the statue is presented clean of soil and with its head attached to its neck. The statue's price (in Swiss Francs) was higher than the highest price mentioned for any other antiquity in the catalogue (no. 38 for 28,000), since it was only available "on request." The entry notes:

"Portrait statue of a young boy. The boy has short hair except for a braid fasted at the back of his head. This hairstyle was considered a good-luck charm for Egyptian youngsters. The boy's youthful features are well-rendered in a round, full face. His head is turned to the right. His childish body is rendered with great skill under the thick himation. The head was broken off in antiquity and reassembled. Marble with yellow brown encrustation on the right side. Flavian, 2nd quarter of the 1st century B.C. [sic]. 86 cm (34 in.)."

Frieda Tchacos-Nussberger, an Egyptian-born Greek dealer, was involved in several cases of looted antiquities (e.g. Watson & Todeschini 2007:194-195, 227) that have been repatriated to Italy (Gill & Chippindale 2006:312). As part of a deal between Tchacos and the Italian authorities, Frieda Tchacos was given a light sentence: "[...] on September 17, 2002, she was convicted of handling stolen and smuggled goods, and of failing to notify the authorities of the antiquities that came her way. She was given one year and six months' imprisonment, suspended, and fined 1,000 euros" (Watson & Todeschini 2007:194-195). This led to Tchacos' full cooperation. 

The absence of collection history and find-spot, regarding the statue from the Nefer gallery catalogue, combined with the hairstyle and date information, leave unclear whether the statue arrived in Zurich from Egypt, Greece, Italy or anywhere else within the borders of the Roman Empire. However, it is known that Mario Bruno was "a dealer who operated in Etruria and Puglia, where everybody worked, and he would sell the archaeological material abroad" (Watson & Todeschini 2007:154). Moreover, given the condition of the statue as depicted in the Becchina Polaroid image, it seems more likely that the statue was found in Italy, even if it had been transported there in antiquity. 

The same statue of a boy was acquired in 1989 by the Virginia Museum of Fine Arts in Richmond, USA and was assigned the accession number 89.24.

During the Second World War Polish public and private art collections suffered tremendous losses due to theft, confiscation, coercive transfer and looting by the Germans and Soviets. The recent restitution efforts undertaken by Poland's government in the United States are presented against a historical background. The article recognizes the difficulties encountered throughout the restitution process, resulting inter alia from large-scale destruction of records, lapse of time, complexities of provenance research, and intersection of international and national legal systems. The analysis examines legal remedies, which are available to original owners pursuing their restitution claims in the United States. The article recognizes the commitment of the US museum community to addressing the issues of unlawfully appropriated art. Examples of recent restitutions from American collections, both public and private, are illustrative of different means, by which resolution of cultural property disputes has proven successful in the last decade.

In the Spring 2013 issue of The Journal of Art Crime, art theorist Thierry Lenain writes on "The question of the Value of Doubles in Autographic Arts".

This essay seeks to analyze the concept of the artistic value of copies, taking into account the comments of Renaissance, Early Modern, and Modern thinkers and artists, from Vasari to Friedlander. The essay is more philosophical/theoretical, rather than criminological, dealing with ideas rather than case studies. In the course of the essay, the reader is introduced to factions who praise skillful copies and others who dismiss any copy, no matter how skillful, out of hand as inherently worthless and bad. This overview shows the extent to which the treatment of the question of the double in painting has varied over time.

Greek forensic archaeologist Christos Tsirogiannis writes "Something is Confidential in the State of Christie's" in the Spring 2013 issue of The Journal of Art Crime.

This article is a report on the appearance of "toxic" antiquities, offered by Christie's at auctions in London and New York during 2012, which have now been identified in the confiscated archives of the convicted dealers Giacomo Medici and Robin Symes. The research aims to reconstruct the true modern story and full collecting history of seven antiquities: a bronze board, a terracotta ship, a pair of kraters, a terracotta statue of a boy, a kylix, and a marble head. New evidence in each case presents a different version of the collecting history from that offered by Christie's. This paper, going in order through the Christie's 2012 antiquities auctions, demonstrates that in many instances the market uses the term "confidentiality" to conceal the identities of its disgraced members, and to put an end to academic or other research for the truth. It also reveals that most of the dealers, galleries, collectors and auction houses listed by Christie's as previous owners have been involved in several other cases of illicit antiquities.

Christos Tsirogiannis

Christos Tsirogiannis studied archaeology and history of art in the University of Athens, then worked for the Greek Ministry of Culture from 1994 to 2008, excavating throughout Greece and recording antiquities in private hands. He voluntarily cooperated with the Greek police Art Squad on a daily basis (August 2004 – December 2008) and was a member of the Greek Task Force Team that repatriated looted, smuggled and stolen antiquities from the Getty Museum, the Shelby White/Leon Levy collection, the Jean-David Cahn AG galleries, and others. Since 2007, Tsirogiannis has been identifying antiquities in museums, galleries, auction houses, private collections and museums, depicted in the confiscated Medici, Becchina and Symes-Michaelides archives, notifying public prosecutor Dr Paolo Giorgio Ferri and the Greek authorities. He will shortly receive his Ph.D. at the University of Cambridge, on the international illicit antiquities network viewed through the Robin Symes–Christos Michaelides archive.

Mr. Tsirogiannis writes in the introduction to his article:

In 1995, the Italian and Swiss authorities confiscated the Giacomo Medici archive in the Free Port of Geneva (Watson & Todeschini 2007:20). Later, in 2002, the same authorities confiscated the Gianfranco Becchina archive in Basel (Watson & Todeschini 2007:292). In 2006, during a raid at a villa complex maintained by the Papadimitriou family (descendants of the antiquities dealer the late Christos Michaelides), the Greek authorities confiscated the archive of the top antiquities dealers of modern times, Robin Symes and Christos Michaelides (Zirganos 2006b:44, Zirganos in Watson and Todeschini 2007:316-317). These three archives -- and, especially, the combined information they include (almost exclusively after 1972) -- provide an unprecedented insight into the international antiquities market. Research in the archives uncovers the ways in which thousands of looted antiquities, from all over the world, were smuggled by middlemen and "laundered" by auction houses and dealers, before being acquired by museums and private collectors, in contravention of the guidelines of the 1970 UNESCO Convention and the 1970 ICOM statement on Ethics of Acquisitions.

Since 2005, the Italian authorities, based on evidence from these three archives, have repatriated about 200 antiquities, from the University of Virginia (Ford 2008; Isman 2008:25, Isman 2009:87-88), Boston Museum of Fine Arts (Gill & Chippindale 2006; silver 2010:263-264), J. Paul Getty Museum (in three different occasions, for the first see Gill & Chippindale 2007; Gill:2010:105-106; Silver 2010:268; for the second and third see Gill 2012b and Ng & Felch 2013, respectively), Metropolitan Museum of Art (in two different occasions, for the first see Silver 2010:252-253; Gill 2010:106; for the second see Gill 2012a:64), Princeton University Museum of Art (in 2 different occasions, for the first see Gill and Chippindale 2007:224-225; Gill 2009a; Gill 2010:106-107; for the second see Gill 2012: Felch 2012a), Cleveland Museum of Art (Gill 2010:105), the Shelby White/Leon Levy private collection (Gill 2010:108; Silver 2010:272), Royal-Athena Galleries (dealer Jerome Eisenberg, see Gill 2010:107-108; Isman in Godart, De Caro & Gavrili 2008:24), the Minneapolis Institute of Art (Padgett 1983-86 [1991]; Padgett 1984; Gill 2009b:85; Gill & Tsirogiannis 2011:32; Boehm 2011) and the Dietrich Von Bothmer private collection of vase fragments in the Metropolitan Museum of Art (Gill 2012a:64). Recently, Toledo Museum of Art agreed to return an Etruscan Hydria to Italy (The United States Attorney's Office 2012), while Dallas Museum of Art announced the return of 5 antiquities to Italy and 1 antiquity to Turkey (Richter 2012; Gill 2013b). From the numerous antiquities depicted in the three confiscated archives, the Greek authorities have managed to repatriate only 2 so far, both from the Getty Museum in 2007 (Gill & Chippindale 2007:205, 208; Felch & Frammolino 2011:290).

Following their repatriation, these antiquities were published and exhibited with acknowledgement of their looted past (Godart & De Caro 2007; Godart, De Caro & Gavrili 2008), revealing the true nature of most antiquities in the confiscated archives. So incriminating is the evidence in the three archives presented by the authorities during the negotiations for each object that in no case has any museum, private collection or dealer tried to defend their acquisitions in court. The reason is that the photographic evidence presents, in most cases, the oldest part of the object's modern collecting history ("provenance," its first appearance after being looted; smashed and covered with soil, or recently restored, without any previously documented legal collecting history. An attempt to defend their illicit acquisitions during a court case would have brought (apart from the inevitable surrender of the object(s)) a long-lasting negative publicity for the museums, private collectors and dealers involved, additional embarrassment, an extra financial loss and the possibility that their and others' involvement in more cases of looted antiquities would be revealed. The subsequent returns in 2012 and 2013 from the Getty Museum to Italy and from the Metropolitan Museum of Art to Italy in 2012 prove that point. 

Although each repatriation case attracted massive media attention (Miles, 2008:357; Felch & Frammolino 2011:284) and non-specialists around the world began to be informed about the true nature of the modern international antiquities market, the market itself reacted badly. Having missed the 1970 UNESCO opportunity to reform, the market is now losing a second chance to change its attitude, since it is continuing to offer antiquities depicted in the three confiscated archives (Gill & Tsirogiannis 2011).

The ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, is available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

The ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, is available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

In this issue, we present six academic articles, rather than our usual 4 or 5. We had a cornucopia of strong and timely submissions, and so chose to run extra academic articles and have slightly fewer editorials in this issue. Also unusually, we've published several papers by young Greek scholar Christos Tsirogiannis, who has uncovered some timely, breaking-news information about antiquities auctioned by Christie's, as well as new info about a statue at the Virginia Museum of Fine Arts. His scholarship is top level, but also fresh and current, so we felt it wise to run both of his articles now, allowing The Journal of Art Crime, to "break" his stories. We also feature a strong contribution from Anna Perl, on restitution issues in Poland, a new translation of an article on the philosophy and theory of authenticity, from Thierry Lenain, and a fine dissertation from an ARCA Program graduate, Caitlin Willis. Finally, in the Academic section, we offer the first in a series of articles by Dutch lawyer and criminologist Edgar Tijhuis, adapted from his out-of-print book, Transnational Organized Crime and the Interface between Legal and Illegal Actors. This text will be serialized in consecutive issues of the JAC.

Just a few hours later, however, the operation fell apart when Mr. Dogaru received a warning that the police were tapping his cellphone. Today, six months on, the fate of the paintings is still unknown, as law enforcement authorities in Romania and the Netherlands, as well as art lovers around the world, struggle to penetrate the fog of claims and counterclaims about what happened to the masterpieces, from the Kunsthal museum in Rotterdam.

Have they been burned, as Mr. Dogaru's mother, Olga, has at times claimed? Or perhaps spirited away by a tall mystery man in a fancy black car, as she has asserted at other times? Or could they, as many in the desolate village of Carcaliu believe, simply be hidden somewhere in this rural corner of Romania?

Mr. Dogaru appears to have hidden the works initially in his family home but later moved at least some of them in a suitcase to the house of his mother’s sister, Marfa Marcu. Mrs. Marcu, in an interview, said she had never opened the suitcase. She says she last saw it when her sister took it away, along with a shovel, soon after Mr. Dogaru’s arrest. 

Mrs. Dogaru has told prosecutors that, with the help of her son’s girlfriend, she buried the case in the yard of an abandoned house. After a few days, they dug it up, wrapped the paintings in plastic and buried them in a nearby cemetery. 

The trail then goes cold. In an interview with prosecutors on Feb. 27, Mrs. Dogaru said that sometime in January, this time acting alone, she dug up the paintings and, desperate to destroy the evidence of her son’s theft, brought them home and burned them all — in a stove used to heat water for the bathroom and a sauna. 

How she managed to do this is not clear. The stove in which Mrs. Dogaru claimed to have shoved all the artworks is barely a foot wide and seems far too small to contain what would have been a bulky bundle of canvas and wood. 

In a written statement on Feb. 28, Mrs. Dogaru retracted the incineration story and said she had, in fact, handed the paintings to a Russian-speaking man, about 40, who arrived at her house in a black car. She explained that her son, whom she visited in prison to get instructions, had told her to expect such a visitor and to give him the paintings.