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August 16, 2013

Janet Ulph's and Ian Smith's "The Illicit Trade in Art and Antiquities" reviewed by Marc Balcells (The Journal of Art Crime, Spring 2013)

Marc Balcells reviews The Illicit Trade in Art and Antiquities (Hart Publishing 2012) by Janet Ulph and Ian Smith in the Spring 2013 issue of The Journal of Art Crime.
Janet Ulph and Ian Smith write, mainly from a legal point of view, about the illicit trade in art and antiquities, the criminal and civil liability derived from these kind of cases, and the efforts regarding international recovery. The goal of the text is to focus upon the extent to which laws can protect vulnerable countries, while considering what further steps could be taken in the future. Therefore, the book deals with this particular topic from a double perspective: an international point of view, on the one hand; on the other, drawing from the experience of the authors (Mrs. Ulph is a solicitor and a professor in Commercial Law at the University of Leicester, and Mr. Smith is a barrister in London), it uses many cases from English law.
The book covers, in a logical and ordered structure, the different topics mentioned above. The first chapter deals generally with the trade in art and antiquities: concepts and broad topics are defined, such as the legal right to claim, good faith purchasers, or the global market in art and antiquities. The situation in Iraq is used as a study case, to illustrate the patters of this form of illicit trade. 
The second chapter talks about international initiatives, to focus on the major international conventions and other legal instruments which, objectively, have an impact upon the illicit trade in art and antiquities. The scope of this chapter is truly amazing, going beyond the UNESCO and UNIDROIT conventions, and analyzing such legal dispositions as the Vienna or Palermo conventions, among others.

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

August 15, 2013

Erik el Belga's "Por amor al arte. Memorias del ladrón más famoso del mundo" reviewed by Marc Balcells (The Journal of Art Crime, Spring 2013)

Marc Balcells reviews Erik el Belga's Por amor al arte. Memorias del ladrón más famoso del mundo (Editorial Planeta 2012) in the Spring 2013 issue of The Journal of Art Crime.
We criminologists teach a particular theory: neutralization techniques, named by its authors, Matza and Sykes. In a nutshell, the theory states that committing crimes is illogical, and offenders need to rationalize it. Analyzing the perpetrator's discourse, from the perspective of this theory, will pour forth a chain of excuses/rationalizations that convert his or her actions into something rational and logical: something he can live with. 
This was the recurring theoretical framework that came to my mind while reading the life of art thief Erik el Belga, the nickname behind René Alphonse Ghislain Vanden Berghe, a Belgian citizen, long established in the south of Spain who, alongside his wife, has published his memories, in Spanish. 
To date this book has not been translated, so the practical question for the potential reader is: should he or she invest his or her time in this text, if not well-versed in Cervantes' mother tongue? It depends. Of course, if one is interested in reading the memories of an art thief, it is, indeed worth turning to. But if not, I seriously think this is not a book to recommend, outside of those specifically interested in the subject. The first edition had no fewer than 683 pages, which makes the reading a quite daunting task. 
You may finish reading this review in the ninth issue of The Journal of Art Crime, edited by ARCA Founder Noah Charney (available electronically and in print via subscription and Amazon.com). Associate Editor Marc Balcells (ARCA '11) is a Graduate Teaching Fellow at the Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

Elizabeth Rynecki on "Lost, Forgotten, Looted or Destroyed: A Great-Granddaughter's Search for her Art Legacy" (The Journal of Art Crime, Spring 2013)


In the Spring 2013 issue of The Journal of Art Crime, Elizabeth Rynecki writes about "Lost, Forgotten, Looted or Destroyed: A Great-Granddaughter’s Search for her Art Legacy": 
At the outbreak of the Second World War, my great-grandfather, Moshe Rynecki (1881-1943), took his oeuvre of work (about 800 paintings depicting the Jewish community) and divided them into bundles to be hidden in and around the city of Warsaw, Poland. He gave a list of the locations where works were hidden to his wife, son, and daughter, in hopes that after the war the family would retrieve the bundles. Unfortunately, Moshe was deported from the Warsaw Ghetto, my family believes to Majdanek, where he perished. His daughter, Bronislawa, was murdered in June 1943 at the entrance to a slum house on Nalewki Street in the Warsaw ghetto. His wife Perla, his son George, and George’s wife Stella and their young son Alex survived the war.
Moshe Rynecki, Krasinski Park, 1930. Oil on Cardboard
After the war, my great-grandmother Perla and her cousin went to see if any of the bundles of the paintings survived. They weren’t very hopeful because of the enormous devastation in and around Warsaw. They found just a single package in the Pragash district, across the river Vistula. The package was in the cellar of a home. As my grandfather George recalls in his memoir: 
The people were away, and the paintings, all on paper or parchment, fairly small, were strewn on the basement floor in the cellar. Some damaged, some cut in half with scenes missing. They seemed to have gone through the same fate as the Jewish people – massacred and destroyed. About 12-15 percent of Jews survived the Holocaust. So did my father’s paintings. One hundred and twenty were found out of a count of close to eight hundred works. (G. Rynecki 94) 
M. Rynecki, The Water Carriers, 1930. Oil on Parchment.
In 1949 my grandfather, grandmother, father, and the paintings left Europe and came to America to start life anew. In his new country, my grandfather treasured those paintings as a physical link both to his father and to a world and way of life that had been destroyed. He proudly repaired those paintings that had been damaged, framed the collection, and displayed them prominently on the walls of his home. 
Elizabeth Rynecki attended Bates College where she studied Rhetoric. She received a master's degree in Rhetoric and Speech Communication at U. C. Davis where her graduate work focused on children of Holocaust survivors and the voice and role of the second generation within Holocaust discourse.

Here's a link to the documentary project: Chasing Portraits: A Family's Quest for Their Lost Heritage.

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

Postcard from Istanbul: Sultanahmet Archaeology Park (Sultanahmet Arkeolojik Parki)

Sign for Sultanahmet Archaeology Park
by Catherine Schofield Sezgin, ARCA Blog Editor

Across from the Haghia Sophia Museum and the Mausoleums of the Sultans is the Sultanahmet Archaeology Park, a fenced off area under excavation and part of the overall plan to preserve Istanbul's historical area as a World Heritage Site. In case you're curious (as I was) and can't walk over to the sign yourself (as I did), here's what the sign says and this is what you will see if you peer behind the fence:

"The lot is situated in one of the oldest and most renowned settlements of Istanbul. The perimeter of the area is closed off due to security reasons. 

"There is little information available on the city’s geographical position during Antiquity. However, it is known that the city entered PERSIAN rule in 512 BC, become part of ROME in 146 BC, and was eventually declared as the second capital of the Roman Empire by Constantine I in 330.

'The lot included the initial structures of the GREAT PALACE (Palatium Magnum), whose construction began during the reign of Constantine I. Between the 4th and 11th centuries, the palace continued to expand, spreading across nearly 100,000 square meters. It was burnt down, demolished and ransacked during the LATIN INVASION (1202-1261).

"Following the Ottoman conquest of the city, various wooden dwellings were constructed on the lot and its environs. The largest structure built upon the property during the Ottoman period was the Darülfünun (University) building.

"Commissioned by Sultan Abdülmecit in 1846, Darülfünun was designed and built by Swiss architects Gaspare and Guiseppe Fossati.

Excavation site (Sultanhamet)
"The Building was completed in 1863 and was later used as a hospital for French soldiers during the Crimean War in 1877, it was reopened as MECLIS-I MEBUSAN (Ottoman Parliament). In the ensuing years, it was allocated to the Ministeries of Treasury, Mortmain Estates and Justice, was eventually converted into ADLIYE SARAYI (Palace of Justice). 

"The entire building burned down in December 1933. Initiated in 1997 by the Istanbul Directorate of Archaeology, ARCHAEOLOGICAL EXCAVATIONS are currently in progress on the 17,000 square-meter lot.

"In the course of excavations, apart from remains of ROMAN, BYZANTINE and OTTOMAN structures, MOVABLE CULTURAL ASSETS such as the BYZANTINE BATH RUINS are cleaned, reinforced and reconstructed in part, to be preserved in situ. These cultural and historic assets are also protected against natural hazards.

"Apart from the works in progress with respect to the site’s function as an Archaeological Park and Museum, a Hotel Annex construction is presently underway in the area. The project of the Hotel Annex has been approved by the Istanbul NATURAL ASSET and CULTURAL HERITAGE BOARD. "

August 14, 2013

Wednesday, August 14, 2013 - ,, No comments

Boarded up Banksy art at La Brea and Beverly in LA to be sold at auction (NYT)

by Catherine Sezgin, ARCA Blog Editor

For years, this gas station located on the northwest corner of La Brea and Beverly covered up an artwork believed to have been painted by the street artist Banksy. Now, this work is scheduled to be sold at Julien's Auctions in Beverly Hills in December, Melena Ryzik reports in "Another Banksy Mural to Go from Wall to Auction" for The New York Times.

Here's an ARCA blog post we did in September 2012 on the gas station and its locale -- and you might be able to identify a second piece of artwork at the same gas station that has remained available to the public.

A second piece of street art at La Brea and Beverly 
Here's an ARCA blog post in 2011 that shows photos of the same gas station and an adjoining pink wall which is regularly scrubbed of street art. The Geffen Contemporary at MOCA in Little Toyko in Los Angeles exhibited on street art and graffiti in the same year.

August 13, 2013

Kunsthal Rotterdam Art Theft: Defense Lawyer claims five of the seven paintings can be returned if trial is moved from Romania to The Netherlands (Trial in Bucharest Suspended until September 10)

Lucian Freud, Woman with Eyes Closed, 2002
by Catherine Sezgin, ARCA Blog Editor

The good news is that the alleged thieves have offered to exchange paintings stolen from Kunsthal Rotterdam if their courtroom is moved from Romania to The Netherlands; the bad news is that they are reputedly only offering to produce five of the seven paintings. Despairing news is that Romanian art experts announced yesterday that they found paint pigments only manufactured prior to World War II from the ashes of a stove that a mother of one of the alleged thieves confessed to use to destroy the evidence (paintings) against her son.

We last ran a post about this celebrated theft with the article in The New York Times by Andrew Higgins ("A Trail of Masterpieces and A Web of Lies, Leading to Anguish") in which the reporter described the "stove" as one "used to heat water for the bathroom and the sauna" and described it as "barely a foot wide and far too small to contain what would have been a bulky bundle of canvas and wood". Previous ARCA blog posts described the seven paintings stolen from the Triton Foundation.

Picasso's Head of a Harlequin, 1971
On August 8, an article in [Daily]Mail Online ("Despair etched on art expert's face as he confirms fragments of artwork found in oven ashes were those of stolen paintings by old masters" by Mark Duell and Steve Nolan) showed the "sadness" of Ernest Oberlander-Tarnoveanu, manager of Romania's National History Museum and Gheorghe Niculescu, head of a team of investigative experts, at a news conference in Bucharest. Oberlander-Tarnoveanu reportedly said that 'a probe found traces of 'very old' yellow arsenic, which painters said has not been in common use since Second World War because of its toxicity.'

These are the dates of the stolen paintings: Lucian Freud's Woman with Eyes Closed, 2002; Paul Gauguin's Woman Before a Window, 'The Fiancée', 1888; Henri Matisse's Reading Woman in White and Yellow, 1919; Jacob Meyer De Haan's Self-Portrait against Japonist Background, 1889-1891; Claude Monet's Waterloo Bridge, London, 1901; Monet's Charing Cross Bridge, London, 1901; and Pablo Picasso's Head of a Harlequin, 1971. Only two of the paintings (Freud, Picasso) were painted after World War II.

DutchNews.nl reported August 8 in "Police 'fail to notice' art theft, allowing Kunsthal thieves to escape" that "AD" (A Dutch Media agency) reported police blunders facilitated the getaway of the thieves -- based on 'legal documents and an interview with a lawyer for the defendants': 'The paper says police, alerted by the alarm, carried out an inspection but failed to realise the museum had actually been broken into because the thieves had closed the door behind them.' Other claims include gaps on the walls viewed as changes in the exhibition and a police officer waving to one of the suspects after the robbery. Here in an interview Dutch security expert Ton Cremers cited negligence at Kunsthal Rotterdam.

Finally, on the first day of the trial of the jailed suspects in Romania, Anna Holigan reports in a video from The Hague on BBC News ("Dutch art theft suspects offer paintings for deal") that Romanian art experts fear three to four of the paintings may have been destroyed.  However, BBC reports:
Forensic experts have so far refused to say definitively whether or not the burnt remains were from stolen paintings.... The trial of Radu Dogaru and his five alleged accomplices -- one of whom is still on the run -- was opened and adjourned by the Romanian court until 10 September.... One of the lawyers said their clients had offered to return five of the paintings, with no mention of the remaining two. Another lawyer, Maria Varsii, said: It is more likely the paintings are intact. My client says they can be handed over to the Dutch authorities. In exchange, they want to go on trial in the Netherlands.... The Rotterdam paintings came to light some months [after the October 16 theft] later when Mariana Dragu, an art expert at Romania's National Art Museum, was asked by a friend to examine some artworks he was planning to buy. She said she called the prosecutor's office when she realised she was looking at the stolen originals. A few months later, three Romanian men were arrested on suspicion of involvement, including Radu Dogaru. It was following her son's arrest that Mrs. Dogaru allegedly burned the artworks at her home in the village of Carcaliu, in the Danube Delta region of eastern Romania.


Stefano Alessandrini on "The Thieving Director: the Horrifying Theft of Thousands of Books and the Thief who was Paid to Protect Them" (The Journal of Art Crime, Spring 2013)

In "The Thieving Director: the Horrifying Theft of Thousands of Books, and the Thief who was Paid to Protect Them", Stefano Alessandrini discusses the theft of ancient manuscripts and books in Napoli:
The extraordinary Girolamini Library of Naples is home to almost 160,000 ancient manuscripts and books and opened its doors to the public in 1586. Built alongside the Church and Convent of the Girolamini, the library served as the convent’s Oratory and is believed to be one of the richest libraries in Southern Italy.
 
The collection, which includes many rare editions dating from the sixteenth and seventeenth centuries, is centered on Christian theology, philosophy, sacred music, and the history of Europe and the Catholic Church. After the massive Irpinia earthquake, which struck Campania in 1980 the church, gallery and library were closed. The collection, off limit to anyone except scholars, suffered a lengthy period of neglect, and it is believed that many volumes disappeared. It is presently owned by the Italian State.
 
On 12 September 2011 two manuscripts from the Girolamini Library and a 14th century Missal from the Archdiocese of Bari, were returned to Italy after a protracted legal dispute and eventual settlement with Sotheby’s auction house in London and the manuscript’s last owners, who believed they had purchased the documents in good faith. This custodian event took place at the Italian Embassy in London in the presence of Italy’s Deputy Attorney General of the State Maurizio, Fiorilli, the federal prosecutor who also successfully pushed for the return of looted artifacts from the J. Paul Getty Museum, The Metropolitan Museum of Art, and other American Museums.
Stefano Alessandrini is a prominent leader of Italy's Archaeological Group, and adviser to the Ministry of Culture and the Advocate General of Italy on the recovery of looted antiquities.
  
This article is continued in the ninth issue of The Journal of Art Crime, edited by ARCA Founder Noah Charney. The Journal is available electronically and in print via subscription and Amazon.com. The Associate Editor, Marc Balcells (ARCA '11), is a Graduate Teaching Fellow at the Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

August 12, 2013

Istanbul Archaeological Museum: A note from an Assyrian king on the importance of city planning (cultural heritage)

King's Stele and Inscription (Nineveh)
by Catherine Schofield Sezgin, ARCA Blog Editor

Istanbul, Turkey - A Stele (705-681 BC) from Nineveh on the eastern bank of the Tigris River  (modern northern Iraq) shows Assyrian King Sennacherib praying in front of divine symbols. The inscription starts out with a declaration and affirmation of his power and ends with his opinion on the importance of keeping the rules of city planning (cultural heritage):
Sennacherib, the great king, mighty king, king of the universe, king of Assyria, king of the four regions (of the world), favorite of the great gods. (the god) Ashur and (the goddess) Ishtar have given me an invincible weapon and have opened my hand for the destruction of the enemies of Assyria. Trusting in their great might, I led my armies from one end of the earth to the other and brought in submission at my feet all princes, dwelling in palaces, of the four quarters 9of the world), and they assumed my yoke. At that time I enlarged the site of Nineveh, my royal city, I made its "market-streets" wide enough to run a royal road, and made (it, the road) shine like the day. The wall and outer wall I caused to be skillfully constructed and raised them mountain high. I widened it most to 100 great cubits (Ca.50m). In days to come, that there might be no narrowing of the royal road, (therefore) I had stelae made which stand facing each other. 52 great cubits I measured the width of the royal road, up to the Park Gate. If ever (any one of) the people who dwell in that city tears down his old house and builds a new one, and the foundation of his house encroaches upon the royal road they shall hang him upon a stake over his house.
Unfortunately for this Assyrian King, his city, the largest city in the world for fifty years was destroyed in 612 B.C. following civil wars in Assyria.

Steven D. Feldman on "Highlights of Selected Criminal Cases Involving Art & Cultural Objects: 2012" (The Journal of Art Crime, Spring 2013)

Steven D. Feldman, a partner at Herrick, Feinstein LLP, highlights three cases involving art and cultural objects in 2012 in the Spring 2013 issue of The Journal of Art Crime:

In the United States, the year 2012 was notable for the intersection of criminal cases, and the art and cultural property world. Rather than a year limited to more routine cases of stolen art, fraudulent paintings, or the theft of proceeds from gallery sales, the criminal art and cultural object disputes included a constellation of fascinating cases covering a wide breadth of subjects and issues. The cases were investigated and prosecuted by a number of different agencies illustrating the variety of law enforcement entities interested in and committed to protecting art and cultural items, and their respective markets.

One case featured stolen historical documents:

In June 2012, Barry H. Landau, a famous collector of presidential memorabilia, was sentenced to seven years’ imprisonment for stealing valuable historical documents from museums and historical societies in Maryland, Pennsylvania, New York and Connecticut, then selling selected documents for profit. Mr. Landau and a young colleague, Jason Savedoff were prosecuted by the U.S. Attorney’s Office for the District of Maryland. Both men pleaded guilty. The scheme may have included more than 10,000 stolen items.

Another case targeted fake looted Greek coins:

In July 2012, Dr. Arnold-Peter Weiss – a prominent Rhode Island hand surgeon, professor of orthopedics at Brown University School of Medicine, and dealer in ancient coins – pleaded guilty in New York State court to three misdemeanor counts of attempted criminal possession of stolen property, specifically three ancient coins he believed had been recently looted from Italy. Dr. Weiss was prosecuted by the Manhattan District Attorney’s Office. Pursuant to a plea agreement, Dr. Weiss was sentenced to 70 hours of community service (providing medical care to disadvantaged patients in Rhode Island), was ordered to pay a $1,000 fine for each of the three coins in the case, and forfeited an additional 23 ancient coins that were seized from him at the time of his arrest. The court also ordered Dr. Weiss to write an article for publication in a coin collecting magazine or journal warning of the risks of dealing in coins of unknown or looted provenance.

And the third case was about dinosaur fossils:
On December 27, 2012, Eric Prokopi, a self-described “commercial paleontologist,” pled guilty to engaging in a scheme to illegally import the fossilized remains of numerous dinosaurs that had been taken out of their native countries illegally and smuggled into the United States. Specifically, Mr. Prokopi pled guilty to a three-count criminal information: Count One charged conspiracy to smuggle illegal goods and make false statements with respect to a Chinese Microraptor fling dinosaur; Count Two charged entry of goods by means of false statements with respect to two Mongolian dinosaur fossils; and Count Three charged interstate and foreign transportation of goods converted and taken by fraud.
Steven D. Feldman heads Herrick's White Collar Litigation practice. He is also a member of Herrick's Art Law Group where he represents individuals and entities in criminal-art related matters. Prior to joining Herrick, Steven spent more than six years as a federal prosecutor at the U.S. Attorney's Office for the Southern District of New York.

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

August 11, 2013

Enez: Bulgaria - Turkey IPA Cross-Border Program Highlights Multicultural History of Castle Ruins in Northern Aegean Beach Town

Enez Castle (Acropolis) - Restored by Turkish Ministery of
Culture and the Department of Cultural Assets & Museums 
by Catherine Sezgin, ARCA Blog Editor

ENEZ, Turkey – The tiny town of Enez, with its long sandy beaches and view of the Greek mainland, has a big summer population and an even grander history hidden in the ancient ruins of its castle. Recently the Bulgaria – Turkey IPA Cross-Border Program has replaced the old Turkish signs with bilingual placards telling of the site’s history as the ancient city of “Ainos” where the river Meriç (“Hebros”) meets the sea:

Herodotus mentioned that Ainos was first founded during the 7th century B.C. by Aeois, as a colony of those Aeols, who settled North of Izmir. On the other hand, we learn from other ancient written sources, that before this period, in Ainos there were cities or villages named Poltyobria and Apsinthos, founded by Thracian tribes.

Numerous people and rulers came and left Ainos before turning it over to Ottoman rule: the Persian Kings Darius and Xerces from 513-480 BC; Macedonians in the 4th century; Romans beginning in the 2nd century; and during the final era of the Byzantine Empire, the Genoans under the sovereignty of the Gattelusi and Doria families. After the death in 1455 of the Ainos ruler Palmede (of the Dorian family), an ‘internal struggled started for the rule of the city’ and ‘when the administration stopped paying the yearly tribute to the Ottoman Empire’, the citizens ‘handed the keys to the city’ to Mehmet the Conquerer when his Navy besieged the city (Bulgaria-Turkey IPA Cross-Border Program).

This gentleman talks about Enez ruins.
An older gentleman walking the un-excavated area within the castle walls said that he came to Enez in 1948 from Bulgaria and served as a guard here. The site is open and free to the public.  The population of the town increased after the 1950 when the Balkan countries and Turkey exchanged minorities. Recently a portion of the church has been restored with columns that had lain on the ground. When the wine cellars were excavated, multiple layers of the city were discovered and excavation work ceased. Over the years, he said, the bigger pieces of cultural objects were moved to the Archaeology Museum in Edirne.

According to the signage, in the trenches within the castle (acropolis), on top of the main rock, underneath a soil layer of 7.50 m, terracotta remains that date back to the 4th and 3rd millennia BC reveal that the settlement here dates back to the chalcolithic period. On top of this layer, which reveals the earliest settlement in Enez, finds that date back to the later Greek settlement period have been unearthed.... Ainos produced grain, salt and dried fish as well as oil and wine. 

Restored decorations inside collapsed church/mosque

The remains of the building known as the Fatih Mosque used to be the local Haghia Sophia Church, one of the most important domed basilicas of the Byzantine era (dating back to the 6th, 9th or 10th centuries). It was destroyed by an earthquake in 1965 and abandoned a year later.  Restoration work has been ongoing since the Ottoman years.






Ruins of an 11th century chapel
Christian symbol in basilica ruins