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May 13, 2014

ARCA Alum ('13) Gerald Fitzgerald publishes opinion piece in Art Papers on art market due diligence concerning provenance and the public record

ARCA Alum '13 and trial lawyer Gerald Fitzgerald published an opinion piece, "Give Us CPR" (May/June issue, 2014) in Art Papers (here's the first two paragraphs, you can read the rest of the text online):
A call for art market due diligence, concerning provenance and the public record. 
Provenance is the origin and history of ownership of a painting or object, and it is essential to determining the object's authenticity, monetary value, and secure title. Although reveling in sales boosted both by new market interest and freshly minted dotcom billionaires, the international art and antiquities market will soon stumble badly unless it embraces new technologies to centralize and to radically increase the scope, quality, and authority of provenance research.
The art market currently generates about $60 billion annually. It does so without meaningful regulation and is myopic in the intelligent use of contemporary tools. It functions almost precisely as it did in the early 19th century. Trust still governs in an increasingly untrustworthy environment. As a result this market is rife with forgery, fakery, looting, and sales of stolen objects, all accompanied by a morass of litigation. The way out of this quagmire lies not with increased legal action but in sewing shut the gaping holes in provenance research that permit such chicanery. The creation of a nonprofit Center for Provenance Research (CPR), funded by a small levy on market sales, is sorely needed to vet the legitimacy of what is traded. The greatest deterrent to fraud on the market is a decreasing ability to get away with it.

Ginanne Brownell quotes ARCA Founder Noah Charney in "New Arms for Fighting Back Against the Looters" (International New York Times, May 8)

ARCA Founder Noah Charney quoted in GINANNE BROWNELL's piece on MAY 8, 2014, "New Arms for Fighting Back Against the Looters" in the International New York Times:
WARSAW, POLAND — The Division of Looted Art at Poland’s Ministry of Culture is a small office with a big mandate. Since 1992, the four-person unit has been charged with collecting and digitizing information about the more than 63,000 objects stolen from the Polish state, churches and private citizens during World War II. Until now, the division’s website was only able to exhibit 3,000 of the objects. Thanks to an upgrade and reintroduction in March, today almost 14,000 lost pieces — including Raphael’s “Portrait of a Young Man,” taken by the Nazis from a family collection in Krakow — will have a virtual home. 
“The Internet has become the main source of finding information on Polish looted art,” said Karina Chabowska, an employee, seated next to several filing cabinets full of photographs and files about stolen works waiting to be uploaded. “The new site will be important to exchange information with auction houses, with people from museums and also to give them some tips of what to do if they find pieces of art that could have been looted or stolen from Poland.” 
Technology has given new impetus to the search for lost and stolen art. Through projects ranging from websites to digital fingerprinting of artworks, governments and organizations are now able to share information and images of missing works widely, allowing the images to be recognized and, it is hoped, returned. 
“For people interested in lost treasure, technology has made it much more likely that we will find things like, for example, locations to excavate to find dozens of other hiding places,” said Noah Charney, an art historian and founder of the Association for Research into Crimes Against Art. “So technology has made the world both smaller and more transparent.”

Listen to 'Art Crime with Arthur Tompkins: Four Horses of San Marco' on Radio New Zealand


Judge Arthur Tompkins
District Court Judge Arthur Tompkins, a member of 'Interpols DNA Monitoring Expert Group, has a special interest in crimes involving artistic masterpieces. He discusses the ancient sculpture The Four Horses of San Marco. Listen now on Radio New Zealand.

Judge Tompkins teaches a course, "Art in War", at ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection. Last month, Judge Tompkins discussed The Ghent Altarpiece on Radio New Zealand.

Dan Brown used Judge Tompkins' research on this subject in the fictional book Inferno (2011).

Exhibit Review: "Catastrophe! Ten Years Later: The Looting and Destruction of Iraq's Past" at the Royal Ontario Museum June 2013 – January 2014

By Dr. Susan Douglas, professor at the University of Guelph, Canada and ARCA writer-in-residence 2013

In April 2003, the plunder of the Iraq National Museum became headline news. The museum was ransacked systematically. Many priceless antiquities were stolen, including the museum’s entire collection of cylinder seals and the Warka vase, a masterpiece. Other items were badly damaged or destroyed, many of them permanently.

Along with material culture, institutional memory was altered dramatically during the events of April 8-12. The Library and the offices and archives of the Iraq State Board of Antiquities and Heritage were targeted specifically. As looters raided the historic museum arsonists destroyed the National Library ruining a valuable scholarly database in the process. The database, maintained by museum staff, contained extensive records of Iraq’s ancient cultures; it is now slowly and painstakingly being rebuilt with help from specialists in many countries.

Catastrophe! succinctly presented the subtle consequences of political conflict and war. Originally developed by The Oriental Institute of the University of Chicago and revamped for the Royal Ontario Museum, this exhibition aimed to educate the public as to the devastation of Iraq’s cultural heritage. It drew attention to the issues, illuminating the threat stealing history and civilization poses for society. It delivered the message that iconic collections, historic buildings, archeological sites, and information are all under constant threat as part of the world’s cultural heritage.

The space was filled with texts and images, signs, rather than objects: powerful emblems of the underlying losses we’ve collectively suffered in the “land of two rivers,” former Mesopotamia.

There were six sections in this exhibit: Introduction; The Museum; Archaeological and Heritage Sites in Iraq; The Importance of Archaeological Context; Looted Artifacts; and What Has Been Done: What Can be Done? Protecting the Past. Site destruction -- the physical removal of objects from archeological sites, was a critical theme. Along with the destruction of Bagdad came the plundering of archeological sites in the region, a more pernicious threat to cultural heritage. In May 2003, over 300 looters were digging at Isin, a former capital of Mesopotamia discovered by Europeans in the 1970s. Isin was a significant center in the twentieth century BCE, when pilgrims travelled there to worship Gula, the goddess of healing, and to be cured. Signs and ritual tokens, in the form of cuneiform tablets and cylinders seals, were thought to aid in the healing process. When the worshippers left, these relics were left behind, and now they are the record of an ancient civilization and a resource be preserved and shared. They tell us, first and foremost, about our common history and identity. When archeological sites are desecrated our ability to understand past cultures is seriously hindered. This is why the protection of historic sites is a crucial.

We can all do our part as a society to stem the illicit trade in antiquities. The Looted Artifacts section shows looters brazenly producing “fresh” artifacts for sale, exploiting war conflict. Many articles are smuggled out of their countries of origin by organized criminals into the hands of collectors in just this way. The link between collecting and trade is clear; as an image of a box discovered in a market crammed with cylinder seals and other small relics still bearing accession numbers illustrates. In Iraq, though a few of the 15,000 items reportedly looted from the museum’s storerooms have since been recovered, most of them have disappeared into the illicit art market and are never likely to be found unless we all take responsibility as stakeholders.

This was a didactic exhibition. Warning: New knowledge. Some visitors might have left saddened. Others may have experienced a call to action.

Catastrophe! Ten Years Later: The Looting and Destruction of Iraq's Past was presented at the Royal Ontario Museum as a complement to Mesopotamia: Inventing our World that I will review in my next post.

Dr. Douglas, a writer and curator in Toronto, is the founding editor of the Glossary of Modern Latin American Art (Wordpress). Http://modernlatinamericanart.wordpress.com. The Glossary (GALA for short) contains many references to art and crime in Latin America and a University of Guelph project.

May 10, 2014

A Report on the second day (and conclusion) of Authentication in Art at The Hague

Presentation on discovery of a new van Gogh painting
by Virginia M. Curry

The second session of the Authentication in Art Congress at The Hague presented a tour de force of scions defining the new intersections of science, art history and the law.

Dr. Ella Hendricks (Senior Paintings Conservator, Van Gogh Museum) and Muriel Geldof (Conservation Scientist, Cultural Heritage Agency of the Netherlands) in ‘Evaluating technical and analytical studies of Van Gogh’s paintings in support of attribution 'contemplated the  role of art-technological studies in the process of attributing and authenticating paintings by Vincent van Gogh in terms of consistency of the materials and techniques used, also leading to improved connoisseurship by informing and therefore refining our perception of the artist’s changing styles and techniques' (program).

In ‘Van Gogh and his oeuvre: the attribution process evaluated’ Dr. Tilborough (Senior Researcher, Van Gogh Museum) and  Teio Meedendorp (Researcher, Van Gogh Museum) emphasized that both transparency and access are key to their research.  This philosophy of transparency in research recently permitted Dr. van Tilborough and his team to discover and authenticate a new van Gogh painting, “Sunset at Montmajour”. The team compared “Sunset” to  van Gogh’s “The Rocks” from the Fine Arts Museum in Houston, and they were able to discern that the paintings were completed within two weeks of each other.

Dr. Ellen Landau discussed Pollock's "Mural" 
“We carried out art historical research into the style, depiction, use of materials and context, and found that everything indicated that the work is by van Gogh," according to Dr. Tilborough. " We were able to track the provenance to Theo’s collection in 1890 and it was sold  in 1901.  Letters from the artist refer to this painting."

Many thanks to Dr. Ellen Landau (Professor  emeritus of Art History, Case Western Reserve University) for her presentation, “Conservation as a Connoisseurship Tool: Jackson Pollock’s 1943 Mural for Peggy Guggenheim, A Case Study” which highlighted the joint analysis of Pollock’s 1943 painting “Mural” recently undertaken by the Getty.  The analysis debunked many misconceptions concerning the manner in which Pollock worked, and converted me thereby, to a deeper understanding and appreciation of his art.

Professor Robyn Slogget (Director, Center for Cultural Materials Conservation, University of Melbourne) and her associate, paintings conservator Vanessa Kowalski, highlighted several case studies involving the forgery of aborigine art and the pitfalls eventually overcome to develop a protocol of examination and non-invasive analysis -- assisting in successfully prosecuting a case of forgery of aborigine art in Melbourne.

PhD Student Elke Cwiertnia (Northumbria University, Newcastle) in ‘Examining artworks attributed to Francis Bacon (1909-1992) to aid authentication’ presented the methodology of examination and preservation employed by the Francis Bacon research project in their efforts to publish a catalogue raisonnĂ© of Bacon's work.

Panel chaired by Lawrence Shindell
The lively panel discussion led by art law attorney Lawrence Shindell examined the impact of current authenticity issues on the art market. The expertise of the responding panel drew on multiple perspectives ranging from those of the legal and academic communities to market economics.  The panel included Dr. Friederike Grafin von Bruhl, William Charron, Randall Willette, Dr. Jeroen Euwe and D. Anna Dempster.

Following the panel discussion, the congress group traveled for an exclusive view of the exhibition "Mondrian and Cubism, Paris 1912-1914” (in partnership with MOMA) at an opening hosted by the Mayor of The Hague, Jozias van Aartsen, and presentation by Hans Janssen, curator at large for modern art.

Ms. Curry is a retired FBI agent, a licensed private investigator, and an art historian.

May 8, 2014

Italy’s Corte Suprema di Cassazione and the Getty Bronze: Case postponed again until June 4, 2014

By Lynda Albertson, CEO, ARCA

In a story that seems like it will never end, Italy’s Corte Suprema di Cassazione (Supreme Court of Cassation) was scheduled to hand down its final ruling today at the Palace of Justice in Rome on the fate of the l’Atleta di Fano, commonly known by as The Getty Bronze, the “Victorious Youth" or il Lisippo.  The bronze work of art, a representation of an athletic youth standing with all of his weight on his right leg, is depicted crowning himself with an olive wreath. It was purchased by the J. Paul Getty Museum under less than transparent circumstances in 1977 for $3.95 million.

I spoke with  Stefano Alessandrini, Consultant  to Il Ministero per i Beni Culturali e Ambientali today, who was at the court awaiting today's verdict.  He relayed that as many expected, the final decision has been postponed once again, citing that the case was "delicate". 

After years of discussions Italy's highest court still has not elected to issue its ruling upholding a lower court's judgment that the "Victorious Youth" was illicitly exported from Italy and as such, is subject to seizure.  Instead the Terzo sezione penale della Suprema Corte (Third Criminal Chamber of the Supreme Court) has shifted the scheduled hearing to June 04, 2014 to establish whether or not the order of confiscation issued by the Court of Pesaro on May 3, 2012 should be affirmed.

The Getty Museum has been fighting a lower court's ruling by claiming that the statue was found in international waters in 1964 and was purchased by the Getty Museum in 1977 -- years after Italian courts concluded that there was no evidence that the statue belonged to Italy.  Throughout this elongated court process, the J. Paul Getty Museum has maintained that the statue's accidental discovery by Italian fishermen, who then brought the bronze to Fano and hid it from authorities, did not grant the statue the status of an Italian object.

Italy's second cultural property attorney following this case, Maurizio Fiorilli retired April 12, 2014 passing the torch to a third state prosecutor.  

As with the February postponement, Italy continues to wait.

Authenticity in Art Congress 2014: Retired FBI Agent Virginia Curry reports from The Hague

Martin Kemp presented "It Doesn't Look Like Leonardo"
on the first day of the Authenticity in Art Congress
by Virginia M. Curry

THE HAGUE -- The Authenticity in Art Congress opened Wednesday here at the Louwman [Automobile] Museum in The Hague to discuss how the seemingly opposed spheres of  science and art history connoisseurship  might be aligned  to synthesize a protocol for establishing authenticity of art, specifically paintings.

Jugen W. Wittmann, the Senior Manager of the Mercedes Benz archives and Collection Brand Communications, presented the protocols utilized by Mercedes Benz to preserve the integrity of their vehicles against forgery.  Documents in their archives record each car manufactured and the “as delivered” condition of the vehicle to the original owner, with the serial numbers recorded on the vehicle. Wittman noted that such transparency is important since although there were only 33 of the Mercedes SSK ever built, there are more than 100 hundred registered as SSKs with the international Vintage Collectors Group.

Keynote Speaker Javier Lumbreras, the CEO of Artemundi Global Fund, discussed the collection of art and the frustrations of the purchaser who is burdened with the proof of due diligence.  He concluded by saying that inasmuch as science cannot provide a “bulletproof” decision which can stand up as evidence in court, litigation, in his experience, is not worth the effort.  Lumbreras drew an analogy similar to that of Jugen Wittmann of Mercedes Benz by noting that of the fourteen Rembrandt works in the collection of The Metropolitan Museum of Art only seven of them have an agreed authenticity.

Professor Martin Kemp, FBA, Emeritus Professor in the History of Art, Trinity College Oxford, (and an acknowledged Leonardo scholar) initiated the section on the Historical Developments in Painting Authentication and spoke about professional opinion in his paper, “It Doesn’t Look Like Leonardo”. Professor Kemp argued the construction of evidence of authenticity as “The judgment by eye in science and art and the tendency for the eye to see what it expects to see.”  He illustrated his point by comparing the points of view of a traffic accident, such as the point of view of the insurance adjuster, driver, weatherman, etc. noting that each one’s interpretation of what they see is relative to their interest. Professor Kemp concluded that the observable consequences of the visual techniques of historical and scientific that are the most specific in identification are the most malleable.  Above all, he cautioned, “We should be more cautious and prudent in our personal investments in our malleable acts and seeing.”

Marker for Vermeer in The Hague
Dr. Margaret Dalivalle presented a paper, “Picturarum vere Originalium: Inventing originality in early Modern London", which explored the question of originality of paintings and the invention of the idea of artistic originality in the eighteenth century.

Professor Frank James, Professor of the History of Science, Head of Collections and Heritage of the Royal Institution, London, spoke about the work of Humphrey Davy and Michael Faraday who developed chemical techniques in the late 18th, early 19th century to understand, conserve and record archeological and artistic objects, such as the wall painting and vase painting from Pompeii; the Lewis chess pieces; the unfurling and attempts to read the Herculaneum Papyri; and their comparisons with the pigments found on the Elgin marbles.

Dr. Lynn Catterson, an Art Historian from Columbia University, presented an extraordinary paper and cautionary tale about Stefano Bardini and his Art of Crafting Authenticity.  Dr. Catterson's research led into the archives of Stefano Bardini whose expertize involved the forgery of “originals” and falsification of context and provenance.  Dr. Catterson’s research  in the Bardini archive challenges the accepted comparanda and consequently, perceived authenticity and attributions in major museums.

Dr. John Brewer, Professor of Humanities and Social Sciences, CalTech, discussed the Duveen Trial of 1929,  the hazards of presenting scientific evidence of authenticity in court, and the subsequent rejection of conflicting  connoisseurship in court.

Evan Hepler-Smith, a Historian of modern science and doctoral candidate at Princeton University, discussed the early utilization of x-ray to fit the material, intellectual and social contours of authentication and  connoisseurship.

Ms. Curry is a retired FBI agent, a licensed private investigator, and an art historian.

Gurlitt Art Collection: Switzerland's Kunstmuseum Bern announces that Cornelius Gurlitt willed his art to them; art restitution expert Marc Masurovsky weighs in

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Although Cornelius Gurlitt's legal team has not posted on its website news of the disposition of their client's art collecting following his death yesterday, Switzerland's Kunstmuseum Bern (Museum of Fine Arts Bern) issued this media release:
Today, May 7, 2014, Kunstmuseum Bern was informed by Mr Christoph Edel, lawyer to Mr Cornelius Gurlitt, who died yesterday, May 6, 2014, by telephone and in writing that Mr Cornelius Gurlitt has appointed the private-law foundation Kunstmuseum Bern his unrestricted and unfettered sole heir. Despite speculation in the media that Mr Gurlitt had bequeathed his collection to an art institution outside Germany, the news came like a bolt from the blue, since at no time has Mr Gurlitt had any connection with Kunstmuseum Bern. The Board of Trustees and Directors of Kunstmuseum Bern are surprised and delighted, but at the same time do not wish to conceal the fact that this magnificent bequest brings with it a considerable burden of responsibility and a wealth of questions of the most difficult and sensitive kind, and questions in particular of a legal and ethical nature. They will not be in a position to issue a more detailed statement before first consulting the relevant files and making contact with the appropriate authorities.
Kunstmuseum Bern describes itself as the oldest art museum in Switzerland with a permanent collection. Videos highlighting the collection include works by Marc Chagall, Wassily Kandinsky, Amedeo Modigliani, Gustave Courbet, Vincent van Gogh, Paul CĂ©zanne, and Pablo Picasso. The museum's website does not included any information about provenance or collecting history for works of art in its collection.

I asked Marc Masurovsky, an art historian and an expert on Nazi-era looted art and restitution, for his comment on the news that Cornelius Gurlitt has willed his collection to the fine art museum in Switzerland; this is his response via email:
The will still has to go through probate, if I am not mistaken. Then, one might ask: can the German authorities challenge its authenticity? its validity? As for the claimants, Switzerland is as inhospitable a place where one wishes to gain satisfaction as Germany. Look at what Mr. Monteagle has to go through to try and get his Constable painting back from La Chaux-de-Fond. Civil law covers claims and they rest in part on the good faith of the recent acquirer or possessor of the work in question. Does the fact that the Kunstmuseum is aware through international publicity of the dubious origins of some of the works in the Gurlitt collection grounds for challenging its good faith? Does this concept also apply to donations from people one does not know? Can the Bern Kunstmuseum reject the gift since it is definitely a poison pill? I certainly do not have the answers. But I do have tons of questions, much like everyone else.
In The New York Times, Doreen Carvajal reports in "Wooing the Public to Recover Art" (March 18, 2014) that Alain Monteagle is resorting to public referendums in his attempt to recover the John Constable painting, "Deadham from Langham", which he claims was taken from his family during World War II:
Swiss museum officials do not dispute that the painting was looted — they acknowledge the fact on a plaque below it. But they say that the museum accepted it in good faith, and that Swiss law does not require restitution in such circumstances. So Mr. Monteagle and his relatives have taken to the soapbox. They are using the local Swiss system of popular referendums — which require the signatures of at least 10 percent of registered voters, 2,500 in this case — to bring the issue before elected officials, since the museum is owned by the town. And they are taking the early, tentative steps required to force the local legislature to put an issue to a vote; if the legislature were to approve, more signatures could be gathered for a communitywide vote.

May 7, 2014

Cornelius Gurlitt Art Collection: Vanity Fair's Alex Shoumatoff Reported on the Case Last Month

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Cornelius Gurlitt had artwork at both his apartment in the Schwabing neighborhood of Munich and a residence in Saltzburg. In November 2013, the Augsburg state prosecutor described the 1,406 artworks (121 framed, 1,285 unframed) found February 2012 in Gurlitt's Schwabing apartment as oil paintings, drawings, and prints from artists such as Matisse, Marc Chagall, Otto Dix, and Max Liebermann. In March 2014, Gurlitt's attorney said that of 236 artworks in Gurlitt's Saltzburg home, of which 39 were oil paintings, about 7 had been done by Cornelius' Gurlitt's grandfather Louis.

The cover of the April 2014 issue of Vanity Fair includes the headline: "Uncovering a $1 Billion Nazi Art Stash: Not in 1945 -- Now! by Alex Shoumatoff p. 174." Online, Shoumatoff's article is under "The Devil and the Art Dealer". Shoumatoff, a contributing editor for Vanity Fair and a former writer for The Washington Post and The New Yorker, describes in his 13-page article (including photographs) Gurlitt's 'trove' as 'worth more than a billion dollars'.

Shoumatoff describes how the December 2011 sale by Cornelius Gurlitt of Max Beckmann's "The Lion Tamer", of which the heirs of Jewish art dealer Alfred Flechtheim received 40% of the proceeds and an admission from Cornelius Gurlitt that "the Beckmann had been sold under duress by Flechtheim in 1934 to his father, Hildebrand Gurlitt. This bombshell gave traction to the government's suspicion that there might be more art in Gurlitt's apartment."

After Hildebrand Gurlitt -- himself one-quarter Jewish -- opened an art gallery in Hamburg after Hitler appointment as Chancellor in 1933, Gurlitt acquired 'forbidden art at bargain prices from Jews fleeing the country or needing money to pay the devastating capital-flight tax and, later, the Jewish wealthy levy', Shoumatoff wrote, and was later appointed to Goebbels' Commission for the Exploitation of Degenerate Art, whose job it was to sell degenerate (as defined by the Nazis) art abroad: 'Hildebrand was permitted to acquire degenerate artworks himself, as long as he paid for them in hard foreign currency, an opportunity that he took advantage of.'

You can read the rest of the article to find out what Soumatoff reports on Gurlitt's activities in Nazi-occupied Paris and the investigation 70 years later into the artwork held by Hildebrand's son.


Gurlitt Art Collection: Cornelius Gurlitt's wishes regarding "degenerate art" in his collection

The website defending Cornelius Gurlitt, Gurlitt.info, provides the art collector's position which includes his stated belief that:
he had inherited a collection from his father that predominantly consisted of so-called degenerate art from former German Reich property in public collections and museums. Cornelius Gurlitt was not aware that his collection also includes a few works that today can be qualified as looted art. After the rightful return of the entire collection by the Augsburg public prosecutors and the customs authorities, he is prepared to review and arrive at fair solutions together with the claimants for those works that are suspected of being looted art in such instances where qualified, documented, and justified claims for their return are asserted by heirs of Jewish of persecution and where morally compelling grounds exist. This voluntary, morally driven commitment on the part of Cornelius Gurlitt applies to only very few works in the collection from the “Schwabing art discovery,” according to current information at most 3% of the 1,280 confiscated works. 
Several German museums have already made offers to repurchase the works in the collection considered “degenerate” art. Cornelius Gurlitt is quite willing to carefully consider such offers for repurchase, providing they correspond with the market value of the works in question and the legal and factual situation. This approach is in keeping with the historic truth that Dr. Hildebrand Gurlitt legally acquired by way of purchase or trade from the German Reich the works that had been confiscated as “degenerate” art. Due to his father’s secured acquisition of title to the “degenerate” art, no alternatives other than repurchase through German museums come under consideration. Cornelius Gurlitt will gladly review appropriate repurchase offers made by German museums for “degenerate” art.
Cynthia Saltzman discussed the lack of remedies for German museums who had their collections raided by the Nazis in her book, Portrait of Dr. Gachet: The Story of a van Gogh Masterpiece (Viking, 1998). For example, the Nazis forcibly took "Dr. Gachet from a city museum in Frankfurt and years later, when the portrait reappeared at The Metropolitan Museum of Art in New York City, Frankfurt officials found out that they had no legal claim to recover their painting (the book was reviewed in The New York Times here and includes specific details about the painting's journey).