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September 4, 2013

Wednesday, September 04, 2013 - ,,, No comments

Montreal Museum of Fine Arts Theft: After more than four decades the paintings are still missing and the thieves remain unidentified

School of Jan Breughel the Elder
Landscape with vehicles and cattle, about 1620-80
(Recovered in 1972)
Oil on copper, 7 ½ x 10 ½ inches
Gift of Miss Jean Scott, 1958
by Catherine Schofield Sezgin, 
 ARCA Blog Editor-in-Chief

Canada's largest art theft occurred during Labor Day weekend more than four decades ago.

After midnight on Monday, September 4, 1972, a man with picks on his boots -- the same equipment used to scale telephone poles -- climbed a tree onto the roof two-story 1912 Beaux-Arts building on Sherbrooke Street which held the collection of the Montreal Museum of Fine Arts. He found a long construction ladder and lowered it to two accomplices on the ground who joined him on the roof.

The trio walked over to a skylight that had been under repair for two weeks, opened it, and slid down a 15-meter nylon cord to the second floor. A plastic sheet placed over the skylight had neutralized the security alarm. At 1.30 a.m., one intruder twice fired a 12-pump shotgun into the ceiling when a guard completing his rounds hesitated before dropping to the floor. Two other guards were overpowered, bound, and gagged. All three guards were held at gunpoint by one of their assailants (one of the guards would later untie himself an hour after the thieves left the building).

After 30 minutes of selecting paintings and jewelry, the thieves used a guard's key to open the door of the museum's panel truck parked in the garage. In the process, a side door alarm was tripped and the trio escaped on foot, abandoning more than 15 paintings by artists such as El Greco, Picasso, and Tintoretto and stealing 39 pieces of jewelry and 18 paintings by Rembrandt, Jan Brueghel the Elder, Corot, Courbet, Daumier, Delacroix, Gainsborough, Millet, and Rubens.

The Museum's Vulnerability

The museum's art collection, assembled over the past century from some of the wealthiest families in Canada, was insured for almost $8 million. Many of the stolen paintings had been widely publicized in Masterpieces from Montreal, an exhibition that had visited eight cities in the United States in the 18 months leading up to the Montreal Expo in 1967. The building itself was more than 60 years old and had not been updated (in 1973 it would close for three years for extensive renovation and expansion). Financially, the Montreal Museum of Fine Art was struggling -- many of the English-speaking, mostly Protestant art patrons that had supported the MMFA had fled Montreal when Quebec nationalists gained political power. The provincial government provided grants making up only 40 percent of the museum's revenues. During Labor Day weekend, many of the top museum officials -- the MMFA's president, director, and the head of security and traffic -- were on their summer holidays outside of Canada. The highest ranking museum official -- and the first one called after the robbery -- was the director of public relations.

Recovery Efforts

The museum director received an envelope containing snapshots of the paintings as 'proof of life' and a ransom demand later negotiated down to $250,000. Someone with a "European" accent called the museum director and asked him to send someone to a telephone booth near McGill University where a pendant was recovered from inside a nearby cigarette package. The MMFA demanded additional proof that the thieves had possession of the paintings and were led to a locker at Montreal's Central Station and a painting by Brueghel the Elder (now re-attributed as belonging to the School of Brueghel). A rendezvous arranged between the thieves and an "insurance adjuster" (who was really a police officer) to exchange the ransom for the paintings was aborted when a squad car from a neighboring police district drove by the meeting spot. The insurance companies posted a $50,000 award for information leading to the arrest of the thieves or the recovery of the art before paying more than $1.9 million to settle the museum's claim. In 1973, a "wild good chase" between an anonymous caller and an insurance agent cost the museum board of directors $10,000 but recovered none of the paintings.

Suspects

The museum guards described two of the thieves as 'long-haired' men of medium height wearing ski hoods and carrying sawed-off shotguns. Two of the thieves spoke French, the third English. A week into the investigation, police officials focused on five art students from the neighboring Ecole des Beaux-Arts and surveilled them for 15 days without arresting anyone. In Montreal, local criminal organizations included French-Canadian mobsters, the English-speaking Irish West End gang that controlled the seaport, and the Italian mafia. However, the thieves' method of entering the museum through a skylight under repair led some police officers to believe that the thieves represented an experienced international crime network.

In May 1972, two criminals working for Florian "Al" Monday robbed the Worcester Art Museum in central Massachusetts, taking four paintings, including the gallery's only Rembrandt, St. Bartholomew.  (All four paintings were returned within a month). 

"Art-napping" in the 1960s in the South of France

Since 1960, criminal networks from Corsica or Marseilles had stolen paintings and held them for ransom in the South of france. An art dealer's home outside of Nice had been robbed of 30 paintings and two months later thieves climbed up the building of a museum in Menton to steal seven paintings. The next month, thieves broke into a restaurant through a window and stole 20 paintings. In July 1961, thieves in Saint Tropez climbed a fence to steal 57 paintings; the next month, thieves stole eight paintings by Paul Cézanne from a guarded temporary exhibit. Most of these artworks were found months later upon payment of ransom, showing the profitability of "art-napping", the holding of a work of art to extort money. In December 1971, a Rembrandt painting was stolen from the Musée des Beaux-Arts in Tours, France.

Where are the paintings now?

The paintings may have been destroyed to prevent the 'evidence' being used against the thieves in the prosecution of the crime. None of the paintings, listed by Interpol and the Art Loss Register, have been knowingly sold at public auction. However, the paintings may have been sold through small art dealers who did not check the stolen art databases. Before 1985, not even the larger auction houses checked stolen art databases. If the paintings have been sold privately, the value may have been discounted. One or more of the paintings may be in the winter residences belonging to one or more of the members of the West End gang who are beyond the jurisdiction of Canadian authorities in Costa Rica. 

After the Theft

More than 25 insurance companies paid the MMFA $2 million for the missing works. In 1975, the museum purchased a large painting by Peter Paul Rubens, The Leopards, with a substantial part of the insurance proceeds. On the 35th anniversary of the theft, the painting by Rubens was placed in storage following an expert opinion that the work was not by the artist but by assistants from his studio.

You may read more about the theft at the blog, Unsolved '72 Theft of Montreal Museum of Fine Arts.

Wednesday, September 04, 2013 - ,,, No comments

Patricia Cohen Reports for The New York Times that the "Growth in Online Art Market Brings More Fraud"

September 3, 2012 -- Patricia Cohen reports for The New York Times on the "Growth in Online Art Market Brings More Fraud" in the article "A Picasso Online for Just $450? Yes, It Is a Steal".

Ms. Cohen describes how anyone can purchase affordable "original" and "authentic" art works by "Picasso" and Matisse" through Internet companies:
That these works are sometimes fake or misleadingly labeled is no surprise to art experts and to foundations that monitor online art sales. But fraud has saturated certain sectors of the art market, experts say. 
“In every country that I visit, even Abu Dhabi, I’m approached by artists or estates who are desperate about the fake situation,” said Véronique Wiesinger, the director and senior curator of the Alberto and Annette Giacometti Foundation in Paris. “We counted the other day 2,005 fake Giacometti sculptures for sale” on just one Web site, she added. 
Many reputable online sellers, of course, deliver precisely what they advertise. “There is a lot of buying online, and most people are satisfied,” said Alan Bamberger, an art consultant and appraiser. 
Over the last few years the Internet has broadened the art market far beyond the exclusivity and opaque jargon of its moneyed enclaves and has helped turn the slogan “art for everyone” into reality. But it has also become a sort of bazaar, where shoppers of varying sophistication routinely encounter all degrees of flimflammery, from the schemes of experienced grifters to the innocent mistakes of the unwitting and naïve. A recent study by statisticians at George Washington University and the University of California, Irvine, estimated that as many as 91 percent of the drawings and small sculptures sold online through eBay as the work of the artist Henry Moore were fake.

September 2, 2013

Monday, September 02, 2013 - ,,,,,,, No comments

Museum van Bommel van Dam Art Theft: A Perspective on the stolen and recovered paintings and how the ALR distributes information

www.wikicollecting.com:
 'R69-32' (left) and the completelydifferent 'R69-39' (right) 
In August, the ARCA blog reported the recovery of paintings stolen five months earlier. In this post, one of this year's ARCA student provides background on the theft.

by Jacobiene Kuijpers

At five in the early morning of 22 March 2013, the Dutch Museum van Bommel van Dam was robbed. Two hooded thieves forced open the entrance door and took three papier-maché reliefs by the Dutch artist Jan Schoonhoven and a canvas by Tomas Rajlich. They managed to leave the museum and drive away by car before the police arrived. All of the stolen works were part of the Manders Collection, a private art collection that was currently exhibited in the museum. The museum director contacted Art Loss Register directly to report the theft and spread images of the works over the internet and television to get tips for the police investigation.

All of the artworks are predominantly white and show geometric structures. Schoonhoven was a renowned minimalist artist, part of the ZERO network, and has works of art in important collections such as the MoMA. Recently, Schoonhoven is seen as a rising star and the value of his works has gone up, which was clearly visible in a sale at Christie’s Amsterdam last October, where some works were hammered for almost double the estimate.[1] The stolen works by Schoonhoven were by far the most valuable works of art of the entire Manders Collection. The Rajlich painting is similar in representation and was hung in the same corner as the Schoonhovens -- one may suggest the thieves thought the works were all by the same artist.

On June 27, Sotheby’s London sold a work by Schoonhoven, titled R69-39, via the Amsterdam offices where this relief was brought before the end of April. Sotheby’s has no salesroom in Amsterdam anymore, thus the work was put up for the London auction, where its provenance mentioned it was part of an inheritance and the work was directly transferred from the artist to the first owner.[2] In the image printed in the auction catalogue, the artwork appeared identical to the stolen Schoonhoven with the title R69-32, except that the work was turned on its side. This similarity made the ALR alert the auction house that the work possibly represented a stolen work in their database. Sotheby’s checked this and replied that the title on the back of the work didn’t match the ALR record. No further measures were taken on both ends.

The work was sold to two galleries in Amsterdam and London who specialize in the ZERO network and often collaborate in acquisitions. When the Amsterdam gallery owner saw an image of the work for the first time on July 2, he was confused as he had possessed a work with the same title before, and this was not that work. He realized that the artwork was similar to one of the stolen Schoonhovens and contacts the London gallery holder. He expressed his doubts and requested a picture of the back of the painting, which he compared to a picture of the stolen work. He claimed it was fairly obvious the number 2 was changed into a 9, stickers and labels were removed, but the signature and title were identical.[3] Sotheby’s halted the sale and contacted the police.

In Amsterdam, investigations start to find the man who brought the work to Sotheby’s. At the beginning of August, private detective Arthur Brand was contacted by this man, who claimed he bought the three stolen Schoonhoven reliefs for 100 euros and showed a receipt of the transaction. Brand convinced the man to bring the two works he still had to the police. On August 14th the man walked into an Amsterdam police office holding a plastic bag with the two reliefs and was arrested immediately. The following day the director of the museum happily confirmed the identity of the artworks. The painting by Rajlich remains missing.

The director of the Museum van Bommel van Dam raised an interesting point in his commentary on the Sotheby’s sale of the stolen artwork. He points out that the alerts from the ALR are only directed towards the auction houses and dealers, and how it would be more helpful if these alerts were more public.[4] The museum or the private collector could have aided in the identification of the piece, which would have made the police intervene before the work was put up for auction.

[1] http://www.christies.com/lotfinder/salebrowse.aspx?intsaleid=23593&viewType=list
[2]http://www.sothebys.com/en/auctions/ecatalogue/2013/contemporary-art-day-auction-l13023/lot.110.html
[3]http://www.vanbommelvandam.nl/nl/nieuws/het-verhaal-van-r69-32-in-maart-gestolen-in-juni-geveild/
[4] http://www.vanbommelvandam.nl/nl/nieuws/het-zou-netjes-zijn-als-sothebys-excuses-aanbiedt/

Monday, September 02, 2013 - No comments

ARCA's Art & Cultural Heritage Conference 2013: Giulia Mezzi (University of Reading), Carrie Johnson (South Texas College of Law) and Cynthia Roholt (South Texas College of Law)

The last panel of ARCA's fifth annual conference on art crime (June 21-23, 2013),  featured presentations by students in cultural property and law.

Giulia Mezzi, PhD Candidate, University of Reading, presented on "The origins of Cultural Heritage Protection in Italy, a historical survey":
This presentation aimed to outline the thought and philosophy behind the modern concept of cultural heritage protection in Italy -- both in legal terms but also in the broader sense of the monument's material preservation. 
The first edicts concerning heritage protection appeared in the Papal States during the Early Renaissance. In a later stage, law shielding heritage from the damages of natural decay, war, plundering or illegal exportation became more sophisticated, especially during the 19th century with the historical processes of nation-formation, where monuments or works of art acquired the symbolic meaning of the country's Volksgeist. The fundamental ideas present in those pioneering decrees are reflected in the contemporary international legislation and to this regard, I attempt to highlight the growing awareness -- legal, social, and political -- of the value of cultural heritage that went beyond the territorial boundaries of the Italian peninsula.
Carrie Johnson, JD Candidate, South Texas College of Law, presented on "Cultural Property in Crisis: Whose Burden is it?". Ms. Johnson previously graduated from Texas A&M University with a Bachelor's degree in History and minors in Journalism and Anthropology.

Ms. Cynthia Roholt, JD Candidate, South Texas College of Law, presented on "Human Remains: Permission and Plastination."

September 1, 2013

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ARCA's Art & Cultural Heritage Conference 2013: Felicity Strong (University of Melbourne), Theodosia Latsi (Utrecht University) and Verity Algar (University College, London) presented in Panel 4

(Left to right): Kirsten Hower (moderator), Felicity Strong,
Theodosia Latsi, and Verity Algar
Sunday morning, June 23rd, Kirsten Hower, the academic program assistant for ARCA's summer certificate program, moderated a panel on art-related crimes with presentations by three students and/or recent graduates.

Felicity Strong, PhD Candidate at the University of Melbourne, spoke on "The mythology of the art forger":
In the twentieth century, there has been the rise of depiction of the art forger in non-fiction biographies and memoir. Distinct from scholarly research, these depictions of individual art forgers have developed a common mythology, which weaves through each story of the art forger. The art forger is mythologised as a hero; the failed artists rallying against a corrupt art market, dominated by greedy art dealers and scholars. In Australian and British culture, this mythology has its roots in the wider mythology of hero criminal, such as in the stories of Robin Hood or Ned Kelly. It also feeds into a broader anti-intellectualism and mistrust of the establishment, particularly in contrast to the depiction of art curators and connoisseurs in the depictions. This mythology is evident in a number of biographies of notable forgers, such as Han van Meegeren and Elmyr de Hory, which intersect with the sub-genre of memoir, in the personal accounts of Tom Keating, Eric Hebborn and Ken Peryani. These accounts fuel the ability of the forgers to create their own public persona and feed into the wider mythology of the art forger. Analysis of non-fictional depictions of the art forger may offer an insight into why it is not considered as serious as other crimes and worth of closer scrutiny by the broader community.
Ms. Strong is in her second year of research at the University of Melbourne, Australia. She has a Master of Art Curatorship and has worked in commercial galleries in Melbourne and London. Her PhD research is focused on discovering the extent to which perceptions of art forgery are influenced by depictions in cultural context, such as in literature, on screen and within an art museum environment.

Theodosia Latsi, MA in Global Criminology, Utrecht University, presented on "The Art of Stealing: the Case of Museum Thefts in the Netherlands". Ms. Latsi has studied Sociology in Panteion University of Athens, Greece and has recently graduated from the master of Criminology at Utrecht University. She is currently conducting research voluntarily for the Trafficking Culture Project and offers periodically assistance at CIROC (Centre for Information and Research on Organised Crime, Netherlands).

Verity Algar, art history student, University College London, presented on "Cultural memory and the restitution of cultural property: Comparing Nazi-looted art and Melanesian malanggan":
Using two disparate case studies -- claims for the restitution of artworks confiscated by the Nazis being lodged by Jewish families and concerns regarding the presence Melanesian malanggan in Western museum collections -- I will discuss the importance of collective, or cultural memory in the context of making decisions about whether to restitute objects. The two cases can be differentiated by the approach to social memory taken by the groups involved. Many Jewish people are keen to have their property returned to them, whereas the people of New Ireland do not want the malanggan, which they spent months carving, returned to them. I discuss the problems that arise when legal definitions of ownership clash with cultural notions of property and illustrate this using Marie Altmann's successful restitution of five Klimt paintings from the Australian government and the malanggan example. I draw on the language of restitution claims and the display of Nazi-looted art at Israel's Yad Vashem museum and will apply Appadurai's theory that objects have "social lives" to overcome the dichotomy between the cultural value and monetary value of an object. I conclude that cultural memory is a useful concept to apply to restitution claims. Its impact can vastly differ from case to case, as illustrated by the divergent attitudes to memory and cultural property in the Jewish and Melanesian case studies. Cultural memory needs to be defined on a cultural-specific basis. The concept of cultural memory allows cultural objects to be part of the collective cultural memory of one group of people, whilst being legally owned by an individual.
Ms. Algar is a second year B.A. History of Art student at University College London, where she minors in Anthropology. She is interested in the legal regulation of the art market and restitution cases, particularly those relating to wartime looting.

August 31, 2013

Saturday, August 31, 2013 - ,,, No comments

The New Yorker: Mark Landis as forger or con artist? Alec Wilkinson quotes ARCA Founder Noah Charney

The August 26, 2013 issue of The New Yorker magazine includes an article on Mark Landis in an article by Alec Wilkinson "The Giveaway: Who was the mysterious man donating all the valuable art?"
Matthew Leininger, of the Oklahoma City Museum of Art, was the first person to pursue Mark Landis, but Landis had been suspected as a forger by at least one museum, the Lauren Rogers Museum of Art, in Laurel, Mississippi. In 2003, five years before Everett Shinn called "Nymph on the Rocks." Landis had promised other works, which the museum tried for a year to obtain; which he didn't provide the pieces, the staff grew suspicious of him.
The article includes a quote by art historian Noah Charney, founder of ARCA:
Some people consider Landis to be not so much a forger as a con artists which is the epithet Leininger most often employs. Noah Charney, an art historian who is the founder of the Association for Research Into Crimes Against Art, in Rome, wrote me that he thinks of Landis as an adept impostor "more akin to identity fraudsters, like Clark Rockefeller." Money isn't what such people desire. They want to be treated as substantial citizens. "Social status and a feeling of belonging is their reward," Charney wrote. In this context, the painting or drawing Landis spends an hour making is ephemeral: it needs to last only long enough to admit him to a sympathetic haven.   


August 29, 2013

Thursday, August 29, 2013 - ,,, 1 comment

John Pollini on "The Bronze Statue of Germanicus from Ameria (Amelia)"

Professor Pollini lectures on Germanicus
John Pollini, Professor of Classical Art & Archaeology at the University of Southern California, delivered a talk, “The Bronze Statue of Germanicus from Ameria (Amelia)”, at the Museo Archeologico di Amelia for the Rome Society of the Archaeological Institute of America.

Here's a link to the summary of the talk (posted on Academia.edu) with this introduction:
The statue of Germanicus with its travertine base was discovered in 1963 outside the Porta Romana of the town along the ancient via Amerina. That the statue was found smashed into a number of fragments indicates that it did not fall accidentally from its base but was attacked, quite likely by Christians in the Late Antique period. The statue had probably been set up originally in an imperial shrine in connection with the ludi iuvenum (games of the local pre- or para-military youth organization known as the luventus) that would have taken place in the campus of America outside the city walls. 
Because it is a work of high quality, the statue was undoubtedly produced in a workshop in Rome and then transported to Ameria, where it was set up.
In his lecture, Professor Pollini describes the figures, pointing to the symbols of legal command and that of a supreme military commander and ‘a military tunic and high-laced boots, the calcei patricii, symbolic of patrician status. This is Professor Pollini’s description of the cuirass decoration:
The muscle breastplate is decorated with a plethora of appliqué figures symbolizing various aspects of victory. The central figures depict the ambush of the Trojan youth Troilos, son of King Priam, by the Greek hero Achilles. Represented above and rising out of a series of stylized sea waves is the winged sea monster Scylla hurling a rock in her upraised right hand. Flanking either side of the central scene of Troilos and Achilles and located just under the cuirass’s arm-openings are winged Victories. On the back of the cuirass is represented an incense-burner (thymiaterion), on either side of which are posed two Spartan female dancers (Lacaenae Saltantes), who celebrate a victory dance with baskets (kalathiskoi) on their heads. Circling the bottom of the cuirass are two rows of lambrequins (pteryges), that is, decorated leather straps. The upper row of straps features apotropaic motifs (symbols used to ward off evil), consisting of alternating heads of lions and bearded satyrs; the lower row, stylized victory palmettes.
And his interpretation of the program of the cuirass:
All the figurative and decorative elements represented on the cuirass have reference to military victory. The sea monster Scylla, who also serves an apotropaic function, may refer to victorious battles fought in the context of the sea or rivers. Since Roman commanders enjoyed emulating great Greek military personalities of the past, the representation of the legendary hero Achilles in the central composition would have been a suitable model, even though he slays here one of Rome’s ancestors, the Trojan prince Troilos. Although this might seem an odd subject to celebrate on the cuirass of a Roman commander, it should be remembered that without the fall of Troy there would be no Rome; and it was one of the prophecies that Troy would not fall if Troilos reached the age of 20 (Plaut. Bacch. 951-954; Mythographi Vaticani. I. 210). Therefore, this was all part of the divine plan! Achilles, moreover, was a model for great Roman leaders in Latin literature. In his famous messianic Eclogue (4.35-36), Vergil foretells the birth of a child (most likely the future Augustus), who as savior of Rome would bring peace to the world after military victories on land and sea. In the context of the wars that preceded the advent of this new Golden Age of peace, Vergil likened the great future Roman leader to Achilles: Erunt etiam altera bella atque iterum ad Troiam magnus mittetur Achilles (“There will also be other wars and a great Achilles will be sent again to Troy”). Therefore, the Achillean imagery on the cuirass has a dual meaning. The figural program of the statue’s cuirass referencing victory would also have been suitable for an original portrait statue of Caligula. Despite his aborted invasion of Britain in 39, Caligula celebrated a triumph in Rome for a sea victory over the sea-god Oceanus (Suetonius, Vita Tib. 46-47; Cassius Dio 59.27.1-4). This statue with cuirass heralding military victory could also have conveniently served to honor Germanicus, who won battles against the Germans on the Rhine and Weser and along the coast of the North Sea, for which he was awarded a triumph, as already noted. A transformation from an image of Caligula to one of Germanicus would have taken place after Caligula’s death in 41 A.D., at which time Claudius (10 B.C. - 54 A.D.), the uncle of Caligula and the brother of Germanicus, became emperor.
Also attending Professor Pollini's lecture in Amelia was Guilia Rocco, the Italian scholar and author of La Statua Bronze con Rittratto di Germanico (Roma 2008, Bardi Editore Commerciale) in which she proposes that the thorax was made around the first century BC in a Greek workshop in Pergamene for Mithradates VI, King of Pontus.

August 28, 2013

Wednesday, August 28, 2013 - ,,,,, No comments

ARCA 2013 Conference: Presenting the Awards to this year's ARCA Award Winners

by Marc Balcells

After five years of meeting annually in beautiful Amelia, it is a fait accompli that ARCA’s conference is an established forum that reunites researchers and practitioners alike for the discussion of the latest advances in research on art crimes and cultural heritage protection. The good health of the conference year after year and the positive outcomes and feedback received year after year are motives of celebration; however, if there is a real moment for celebration in the conference is in the afternoon of the first day, when we award four outstanding persons regarding their efforts in saving and protecting cultural heritage.

This year’s award winners were Christos Tsirogiannis, an archaeologist conducting research in illicit antiquities trade at the University of Cambridge and former member of the Hellenic Ministry of Justice; Duncan Chappell, Professor in the Faculty of Law at the University of Sydney; Blanca Niño Norton, Consultant at the Petén Development Project for the conservation of the Maya Biosphere Reserve, depending from the Ministry of Environment of Natural Resources, and member of ICOMOS (the International Council on Monuments and Sites) and ICCROM (the International Center for the Study of the Preservation and Restoration of Cultural Property); and Sharon Cohen Levin, Chief of the Asset Forfeiture Unit in the United States Attorney's Office for the Southern District of New York.

Dr. Edgar Tijhuis, professor at the Postgraduate Program and a trustee of the organization, introduced Mr. Tsirogiannis’ award, on art protection and security. The awarded presented on his work, based on the illicit trade of looted archaeological goods. His presentation became an interesting and valuable who’s who of the characters of the gran razzia that happened recently in Italy: names like Marion True, Giacomo Medici, Robin Symes or Christos Michaelides became pivotal points of Mr. Tsirogiannis’ presentation, compiling stories of pieces recuperated by Italian law enforcement worldwide.

Ms. Lynda Albertson, ARCA’s CEO,  presented the Eleanor and Anthony Vallombroso Award for Art Crime Scholarship to Dr. Duncan Chappell, who heartily thanked the organization for the honor bestowed upon him. Dr. Chappell greatly deserves this award, as he has written extensively on the topic of art crime from a criminological perspective. To everybody, but especially to us criminologists, his work is invaluable. He has written articles for ARCA’s Journal of Art Crime, and along with Stefano Manacorda edited Crime in the Art and Antiquities World: Illegal Trafficking in Cultural Property (Springer 2011).

I had the honor to present the Lifetime Achievement in Defense of Art to Mrs. Niño Norton. A true contemporary renaissance woman (besides being an architect she is a sculptor and a painter), Mrs. Niño Norton delivered a presentation based on Guatemala’s different forms of cultural heritage, its threats, and the different projects she spearheads for its protection, which range from architecture to the copying of Guatemalan statues in the middle of the jungle (so the originals can be properly preserved in cultural institutions) or the restoration of looted tombs by locals.    

Finally, HRH Ravivaddhana Sisowath, Prince of Cambodia, introduced the Art Policing and Recovery Award to Mrs. Sharon Cohen Levin; and accordingly, provided Mrs. Cohen Levin’s office fights for the 10th-century Khmer statue that Sotheby’s hopes to sell at auction. Mrs. Cohen Levin presented on art related asset forfeitures in recent cases she has dealt with. In her very lively presentation, the awarded prosecutor showed to the audience important cases like the forfeiture of the Portrait of Wally, by Egon Schiele, along more original cases like the prosecution of dealer Eric Prokopi and the forfeiture of… a dinosaur!

In sum, a feast for the arts, and a celebration for all of us who care about the protection of cultural heritage. These awards are small tokens to great works of love done by even greater people. Congratulations!

August 27, 2013

Tuesday, August 27, 2013 - ,,,, No comments

ARCA's Fifth Annual International Art Crime Conference: Third Panel featured Nicholas M. O’Donnell, Jerker Rydén, Joris Kila

Judge Tompkins (left) with Nicholas O'Donnell, Jerker
Rydén, and Joris Kila (right)
by Sophia Kisielewska, ARCA Intern

After a delicious lunch served by the staff of La Locanda in the beautiful chiostro everyone settled back into their seats to listen to Panel Three. Moderating the panel was Judge Arthur Tompkins, a District Court Judge in New Zealand and a professor on ARCA’s Postgraduate Certificate program.

 The first panelist was Nicholas M. O’Donnell, a litigation partner with Sullivan & Worcester LLP in Boston and New York, whose practice focuses primarily on complex civil litigation, representing collectors, dealers, artists and museums. O'Donnell is also the editor of The Art LawReport. O’Donnell’s presentation, “American Wartime Art Restitution Litigation in the 1990s and Beyond—Has it All Been Worth It?” looked at the difficult subject of art restitution, specifically its reception in America since the 1998 Washington Conference, when awareness of the problem was ignited.

 O'Donnell used a number of case studies to understand if there has been a shift in how restitution cases are being addressed in courts. He said that the Portrait of Wally affair, and the case of Maria Atlmann and her claim of five paintings by Gustav Klimt, seemed to infer that a change had occurred, however the use of the Foreign Sovereign Immunities Act and the fact that courts are regularly dismissing claims based on statutes of limitations seems to indicate that courts are still very much against the claimants in art restitution cases.

 O’Donnell emphasized that in almost all cases the battleground is the statute of limitations but he also pointed out that the FSIA has its own issues. To demonstrate his point he spoke of the Chabad Lubavitch library dispute. Currently Russia is being fined $50,000 for every day it defies the judgment held by US District Court for the District of Columbia on January 16 2013. Charges will be halted once Russia returns thelibrary of the late Menachem Schneerson to the plaintiffs, the current leadership of the worldwide Chabad Lubavitch movement, which they seem unlikely to do. O’Donnell spoke of the impact of this case on international relations and the art world and in his closing slides he reviewed what the future litigation, legislation, and diplomacy in cases of wartime restitution in the United States might consequently look like.

The second presentation was given by Jerker Rydén, the Senior Legal Advisor of the Royal Library of Sweden. Rydén has worked as a judge, a lawyer in private practice, and a national delegate to international copyright proceedings as well as senior legal advisor of the National Heritage Board of Sweden. In the recent past he has worked closely with assistant United States attorney Sharon Cohen Levin of the U.S. Attorney's Office for the Southern District of New York and the Federal Bureau of Investigation to help track and recover unique and valuable historical works that had been stolen from the library collections. In his presentation, “Skullduggery in the Stacks: Recovering stolen books for the Royal Library of Sweden” he discussed the legal and practical issues that faces the Royal Library of Sweden as it attempts to recover the 62 books that were stolen by Anders Burius, a former director of the Royal Library Manuscript Department, who was arrested in 2004 and who later committed suicide. [More details provided here by A.M.C. Knutsson]

Rydén used this case to explain the many techniques that are used by book thieves, such as breaking books into sub-parts and stealing and erasing finding aides (i.e., card catalogue entries) which means that such thefts can go undiscovered for decades. He spoke of the role of auction houses and booksellers in aiding book thieves by not doing their due diligence on the sellers and by not asking for provenance on the items. He went on to describe the book recovery efforts of the law enforcement in the United States and in Europe and the recovery efforts of industry organisations, such as international databases. At the end of his presentation Rydén made a point of saying that the effects of such thefts can damage the collective memory of a nation, which he described as ‘just like permanent brain damage’. 

The panel was brought to a close with a presentation by Joris Kila who is a senior researcher at the University of Vienna and reserve Lieutenant Colonel in the Dutch army. He is board member of the World Association for the Protection of Tangible and Intangible Cultural Heritage in Times of Armed Conflict in Rome, chairman of the International Cultural Resources Working Group and a member of the Research Forum on the Law of Armed Conflict and Peace Operations in the Netherlands as well as being a guest lecturer and researcher at the Netherlands and Austrian Defense Academies.

Dr. Kila's presentation, “An update on Armed Conflict and Heritage”, focused on the status of cultural property in recent areas of conflict. He described how cultural heritage has always been available for damage and manipulation thanks to its place in museums and other public spaces and its incontestable link to glorified and idealized pasts and as such it will continue to be heavily disputed and contested in future wartime conflicts as well as in pre- and post conflict phases. The damaging or destruction of cultural property is attacking the identity of the opponent while at the same time looting of cultural objects can be beneficial for the opposing forces such as insurgents for financial reasons thus generating a security issue to be taken into account by military organizations. Because of these issues it is clear that cultural property needs protecting in areas of conflict. Kila pointed out that research into current conflict and heritage aspects is lacking and is in desperate need of funding.

Dr. Kila's presentation covered a number of new developments and dilemmas in the international heritage discourse such as heritage and identity, trauma scapes, issues of increasing iconoclasm and debates about selecting what to preserve. Finally he spoke of today's situations in Egypt, Libya and Syria, as he has experienced and witnessed it in person, and emphasized that the situations in these war zones must be factored into these discussions.

August 26, 2013

Monday, August 26, 2013 - ,,, No comments

Nevine El-Aref of Ahram.org reports the recovery of 16 objects looted from the Malawi National Museum (Update: Gold Coins Recovered)

Statues recovered from Malawi National Museum (ahram.org)
Nevine El-Aref reported in the English version of Ahram.org that 16 items have been recovered from the objects looted from the Malawi National Museum in Egypt:
On Saturday night, 24 August, five ancient Egyptian and Graeco-Roman artefacts were recovered by police. The objects include three Graeco-Roman reliefs made of marble and limestone. The first is broken into two parts and features a painting of a rabbit. The second has Graeco-Roman text while the third bears a deep engraving of two rabbits — the sign of Al-Minya in Graeco-Roman times. 
The other two artefacts are carved in bronze, featuring Djehuti, the goddess of wisdom.
On Friday, 11 objects were recovered, among them two Graeco-Roman papyri found by chance in a corner of the museum’s garden. Ahmed Sharaf, head of the museum section at the Ministry of State for Antiquities, explained that one of the papyri bears 23 lines written in Demotic while the second bears seven lines written in Demotic. 
The rescued objects include three clay pots, a limestone statue of the god Thot in the shape of a sitting baboon, two bronze statues of the god Osiris and a rectangular relief bearing a drawing of an Ibis bird and the palm of goddess Maat. 
Minister of State of Antiquities Mohamed Ibrahim is happy for the return of some of the museum’s collection, he told Ahram Online. The objects were restituted after the ministry promised Al-Minya inhabitants that no legal procedures would be taken against anyone returning a looted artefact. 
Ibrahim asserted that security has been tightened at Al-Ashmounein archaeological site and galleries, to stop any illicit excavations there.
UPDATE:  The Tourism and Antiquities Police recovered a collection of 25 cold coins looted from Malawai National Museum, reports Nevine El-Aref for Ahram.org. 'Ministry of State for Antiquities (MSA) Minister Mohamed Ibrahim told Ahram Online that with the return of these coins, 125 objects reporting missing from the Malawi Museums are now restituted'.
Ahmed Sharaf, head of the museum section at the MSA explained that the coins all depict the features of a Roman emperor called Valdese in his battle suit, left hand clutching a bunch of flowers while the right one holds a cross.

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