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June 9, 2014

Art Crime with Judge Arthur Tompkins on New Zealand's National Radio: The 1961 Theft of Francisco de Goya's portrait of the Duke of Wellington

Francisco de Goya, The Duke of Wellington, 1812-1814
oil on mahogany, 64.3 x 52.4 cm
Judge Arthur Tompkins, who teaches "Art in War" for ARCA's certificate program, appears monthly with Kim Hill on New Zealand's National public radio. This month, he discusses the 1961 theft from the National Gallery of London of Francisco de Goya's Duke of Ellington. Previous shows covered the Four Horses of San Marcos and the Ghent Altarpiece.

Judge Tompkins talks about the myth of the theft, the suspected "real" thief, and the legislation that followed.

Here's a link to the painting at the National Gallery of London where you can find it on display in Room 39.

And here's a direct link to the broadcast.

Art Detective: the website designed to identify works of art in UK public collections

Here's a link to a website with an intriguing name ("Art Detective") by the Public Catalogue Foundation at The University of Glasgow who's mission is to identify works of art in art collections in the United Kingdom:
Art Detective aims to improve knowledge of the UK’s public art collection. It is a free-to-use online network that connects public art collections with members of the public and providers of specialist knowledge. Art Detective Launched in March 2014, Art Detective comprises a digital network built on top of the Public Catalogue Foundation’s (PCF) existing art object database. Art Detective is accessed through the Your Paintings website and the PCF website.
www.LostArt.de posted about Art Detective here

June 8, 2014

ARCA's 2014 Writer in Residence: Forensic Archaeologist Dr. Christos Tsirogiannis writing about the Symes-Michaelides archive

Dr. Christos Tsirogiannis
Dr. Christos Tsirogiannis will be ARCA's 2014 Writer in Residence in Amelia, Italy from June 27th through August 9, 2014.

Each year, the Association for Research into Crimes against Art honors distinguished and emerging writers, specializing in art crime and cultural heritage preservation, by inviting them to spend a portion of their summer with us working on a book or manuscript project. Designed to promote critical and reflective writing, the Amelia Writer in Residence Program reflects ARCA’s belief that the basis for any critical and comprehensive writing involves the opportunity for contemplation, research, collaboration and support.

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

Dr. Tsirogiannis explained his work, Unravelling the hidden market of illicit antiquities: The Robin Symes–Christos Michaelides network and its international implications:
This study is the first academic approach to an immense and incriminating body of material: the confiscated photographic archive of Robin Symes and Christos Michaelides, the top antiquities dealers in the world until 1999. I show how this archive interacts with the archives previously confiscated from the dealers Giacomo Medici and Gianfranco Becchina. Forensic research by Italian and Greek police authorities on those archives first proved that - from at least 1972 until 2006 - the antiquities market was based largely on looted and smuggled objects, controlled by an international network of looters, middlemen, dealers, auction houses, conservators, academics, museums and private collectors. During the last seven years, this situation has worsened, despite the convictions of Symes, Medici, Becchina and multiple repatriations of their looted and smuggled antiquities from North American museums, collectors and dealers to Italy. My PhD tackled this most recent period. 
The project of demonstrating the involvement of reputable institutions, companies and individuals in the illicit antiquities trade, as well as the corruption of the art market, is by its nature interdisciplinary; its results are important for the fields of archaeology, art history, criminology, politics and law. I brought to the PhD a unique combination of an academic background in archaeology and extensive work experience in the field. Following my undergraduate degree, I was employed for several years by the Greek ministry of Culture as an archaeologist before receiving an invitation to work on the exposure of the international illicit antiquities network with the Greek Police Art Squad. My specific interest in Symes-Michaelides comes from the fact that I participated in the police raid on their home on Schinousa, from where the archive was seized, and I was later the sole investigator of the contents, working as forensic archaeologist at the Greek Ministry of Justice. 
The PhD began with a historical review, and then surveyed the main members of the international illicit antiquities network (ch. 1). I systematically catalogued the contents of the Symes-Michaelides archive (ch. 2) and then outlined, with examples, the ways in which Symes traded with Medici and Becchina (ch. 3). The central chapter documents ways in which academics from reputable institutions were involved in ‘laundering’ this illicit material, via publications then used by museums and auction houses (ch. 4). In the last main chapter, I presented and analyzed a series of hitherto undiscovered cases of illicit antiquities in the antiquities market, mainly in auction houses since 2007. My conclusion drew out the wider picture (implications) from the network’s activities and suggested solutions towards different attitudes in antiquities trading, as well as fighting the antiquities trafficking. 
The project I would be concerned with as Writer-in-Residence this summer, therefore, is the transformation of the completed PhD into a book. As well as editing the text, I need to update the story of some individual case studies, and my description of the ways in which protagonists are selling artifacts. The PhD was about 77,000 words, plus three appendices of transcripts etc. and bibliography; I expect that the book would be c.100,000 words all told. I am currently putting together a book proposal to send to publishers in the next month; I hope that by July I would have a sense of what the publisher requires by way of editing and expansion. 
The ARCA Writer-in-Residence also offers me a rare opportunity to check the publications of auction houses, galleries, museums and private collections kept in libraries in Rome. These publications have proved valuable to forensic archaeologists Maurizio Pellegrini and Daniela Rizzo in the identification of dozens of antiquities from the same archives (Medici, Becchina, Symes) for the Italian state during the period 1995-2008. No library in Europe has a complete series of auction house -- and gallery -- publications, but I expect to add to my own catalogue from a systematic check in Rome, due to the recent successful repatriation claims of the Italian state.
 Dr. Tsirogiannis will also teach "Unravelling the Hidden Market of Illicit Antiquities: Lessons from Greece and Italy".

June 7, 2014

Marc Balcells reviews Robert Bevan's "The Destruction of Memory: Architecture at War" in the Spring 2014 issue of The Journal of Art Crime

Marc Balcells, a criminologist and an associate editor for The Journal of Art Crime, reviews Robert Bevan's 2006 book, The Destruction of Memory: Architecture at War (Reaktion Books) in the Spring 2014 issue:
I was drawn to Robert Bevan’s book after conducting a literature review for an article I was working on. After reading the sections I was interested in, I left the book nearby, as I was eager to read the entirety of its contents the sooner the better. Bevan, former editor of the magazine Building design, chronicles and deeply analyzes along the 240 pages of the book (divided in seven chapters) several cases of architectonical destruction and how it has an impact in obliterating not only an ethnic group but also what they represent. 
Chapter one sets the tone for the chapters that follow: in an introductory, broader approach if compared to the rest of the chapters, which are more specific and deal with particular issues of cultural heritage destruction, the author explains how architecture achieves a totemic status with a meaning that needs to be destroyed in order to ensure the eradication of a particular ethnic group. It is interesting to see how the author delineates the history of architectonical destruction, and for the readers interested in the legislation related to destruction of cultural heritage, it is also briefly described in this chapter. 
Chapter two talks about cultural cleansing: the author looks for similarities and differences between kristallnacht and the beginning of the treatment of the Jewish by the Nazi regime, and the Balkan wars. The genocide of the Armenians, another important one of the twentieth century, is explained in order to highlight the need not only to eradicate the individuals but also its collective memory and identity.
You may finish reading this review in the Spring 2014 issue of ARCA's Journal of Art Crime by subscribing through the website or ordering a printed copy through Amazon.com.

June 6, 2014

Tess "Indiana Jane" Davis credited with helping return looted Hindu statues to Cambodia in the case of the Looted Temples of Koh ker

In a June 6th article in The Diplomat, journalist Luke Hunt points to the "critical" efforts of American researcher Tess Davis in the successful restitution of three looted Hindu statues returned to Cambodia this week:
Critical to their return was Tess Davis, a U.S. art lawyer and affiliate researcher at the University of Glasgow, who stressed Cambodia had only won the first in a series of battles, in what could prove to be a protracted war over the return of looted art. “The kingdom has taken on the art market, an entire industry, and a powerful one at that,” Davis told The Diplomat. “Collectors, dealers, museums, auction houses, they have deep pockets and top lawyers on their side. But Cambodia has something even more important: the truth and the law. And that’s something no amount of money can buy.”
[...]
Davis, dubbed by some as ‘Indiana Jane,’ said the looting and trafficking of antiquities was a crime that would no longer be tolerated, “not by governments, not by law enforcement, and not by the leaders in the art world itself.” The thefts have also been seen as a symbol of Cambodia’s perennial problems, ranging from corruption to a culture of impunity among the country’s well-heeled and politically connected. Davis said Cambodia had given the art world a simple choice, “to do the right thing or not.” She said the Metropolitan Museum of Art in New York and Christie’s had stepped up and fulfilled their obligations, but others like the Cleveland Museum of Art and Sotheby’s have been more reluctant. “They are fighting with everything they have to stay in the past, a past where they could do whatever they wanted. They act like antiquated colonial relics, while their competitors have entered the 21st-century, and are thriving in it,” Davis said.
Luke Hunt can be followed on Twitter @lukeanthonyhunt [and you can follow Tess Davis @Terressa_davis.

Ms. Davis taught the course, Cultural Property Law, at ARCA's postgraduate certificate program in art crime in 2009.

Noah Charney Interviews Three Leading Art Lawyers: Ian de Freitas, Howard Spiegler and Fabio Moretti in the Spring 2014 issue of ARCA's Journal of Art Crime

by Noah Charney

The Journal of Art Crime had the pleasure of interviewing three leading art lawyers, Ian de Freitas, Howard Spiegler, and Fabio Moretti. We spoke of art law, forgery, intellectual property, and fashion law, with each responding to questions related to their personal specializations. Ian de Freitas practices in the UK with Berwin Leighton Paisner and specializes in intellectual properties law. Howard Spiegler practices in the US with Herrick, Feinstein and is an expert in art reparations and repatriation, particularly with regard to art that changed hands during the Second World War and its aftermath. Fabio Moretti practices in Italy with Moretti & Burgio, and is an expert in fashion law. All three will be speaking at the UIA (Union Internationale des Avocats) conference held in Florence, Italy on October 31, 2014, a conference in which ARCA representatives will be participating.

Noah Charney: I like to give my students a puzzle, Howard. Whose culture heritage is a Titian painting of a Habsburg prince that hangs in Madrid? It might be claimed by Spain, Italy, Venice (which likes to think of itself as a different state, and was when Titian was around), or even Austria or Switzerland (where the Habsburgs originated). In legal terms, it is the property of the last legal owner, but in the moral debate of whose “cultural heritage” it is, how do you deal with the situation when multiple nations can claim a single work?

Howard Spiegler: I like to say that as an attorney, my job is relatively straightforward: I just have to deal with the law and not the often complex policies and moral issues that may pertain to these kinds of questions. In general, if the country from which the work has been illegally expropriated has a so-called patrimony law providing for ownership by that country’s government of every antiquity found in or on the ground, and the effective date of that law is prior to the time that the antiquity was expropriated, then the US courts will permit the foreign government to sue in the United States to recover it, subject to defenses like the statute of limitations. If I were to venture into the moral realm, it would be difficult for me not to favor the return of items to a country from which it was expropriated without permission, but if such a position is not viable under the existing law, I would encourage negotiation to ensure a mutually acceptable resolution. This might involve, for example, a confirmation by the possessor that the antiquity is rightfully owned by the source nation, but could provide for a long-term loan of the item, perhaps in return for similar loans to the country involved, especially if the possessor is a museum. As far as multiple nations claiming the same antiquity, when this has occurred in a U.S. litigation, the jury essentially decided that none of the countries involved were able to establish that the antiquity involved had been illegally excavated from one rather than another of the countries, and ruled in favor of the possessor, even though it was clear that it must have come from one of these lands. Proving that the illegal excavation took place in a particular country is often one of the hardest elements of the plaintiff’s case in these actions, mainly because ancient boundaries of nation-states do not necessarily correspond to the current boundaries of modern nations. 

NC: The Internet Age has seen a lot of lawsuits dealing with art looted during the world wars, because all of a sudden families could locate online the works lost to their families decades prior. Before the digitalization of museum collections, it was a lot harder to know where your art might be, if you didn’t just stumble on it. We hear a lot about the restitution of Nazi-looted art, but very little about art looted by the Red Army. Why is that?

HS: Actually, there have been claims brought against Russia with respect to artworks taken during the War, but in general, Russia subscribes to the concept that anything taken from Germany during and after the War represents just compensation for the enormous losses of life and property suffered by Russia during the War. This concept is not in accord with usual precepts of international law, however, and obviously makes it more difficult to resolve these claims. In one case, currently pending in the U.S., the Jewish religious sect Chabad brought an action to compel Russia to turn over archives and a library to Chabad, allegedly misappropriated by Russia or its predecessor governments. After losing a motion to dismiss, Russia remarkably refused to participate in the lawsuit any further, and the court imposed a default judgment against it. Attempts to enforce the judgment, including with sanctions levied against Russia, have been met with resistance from the U.S. government and have yet to be resolved.

You may finish reading this interview in the Spring 2014 issue of The Journal of Art Crime by subscribing through the ARCA website or ordering an issue through Amazon.com.

Noah Charney is a professor of art history specializing in art crime and an international best-selling author of fiction (The Art Thief) and non-fiction (Stealing the Mystic Lamb). He teaches for American University of Rome and Brown University, and is an award-winning columnist for a variety of popular magazines and newspapers. He is the founder of ARCA, and has served as its president since its inception.

June 5, 2014

Sofia Cecchi Interviews Ricardo J. Elia in the Spring 2014 issue of ARCA's Journal of Art Crime

Ricardo J. Elia is Associate Professor of Archaeology at Boston University. He has published extensively about archaeological ethics, law and heritage management, policy and the antiquities market. As the author of some of the most influential works in the history of illicit antiquities research, he generously answered our questions on this topic.

Sofia Cecchi is an archaeologist specializing in cultural heritage management and museology. Originally from Italy and Chile, she studied at Columbia University (BA) and the University of Cambridge (MPhil), where she analyzed the relationship between museums and the illicit antiquities market. Sofia currently works as a researcher for a global heritage consultancy that plans and develops projects across the cultural sector. Her other interests have taken her all over the world, from archaeological fieldwork in Latin America to exhibition development at the Metropolitan Museum of Art, New York. Here's the beginning of the interview as published in the Spring 2014 issue of The Journal of Art Crime:
Sofia Cecchi: What was the initial spark that made you want to study the ethics of collecting and the trade in illicit antiquities? 
Professor Elia: While a grad student digging at Stobi (then Yugoslavia, now the Republic of Macedonia) in the late 1970s, my mentor, James R. Wiseman, showed me how looters were destroying archaeological sites in the search for marketable antiquities. Prof. Wiseman also created an innovative section of the new Journal of Field Archaeology, called “The Antiquities Market,” which featured articles about the topic. I also learned a lot from the writings of Oscar White Muscarella, who among other things destroyed the myth of the "reputable dealer" in the antiquities market. 
Sofia Cecchi: “Collectors are the real looters.” More than twenty years have passed since you made this memorable statement. Have any positive changes occurred in the past decade? 
Professor Elia: There is definitely more public awareness than ever about the problem of looting and the fact that collectors, both private and institutional, are driving the market by creating the demand for antiquities. Looters, of course, are the ones doing the looting, but they are operating in a supply-and-demand economic system that starts with the creation of demand for cultural objects. So collectors, whether they are private individuals or museums are, indeed, the real looters and in the last two decades there has been a huge growth in public awareness of this fact. This comes from several sources: increased media attention; more aggressive legal actions by source countries; and a depressing spate of armed conflicts in the world that have resulted in both destruction looting of archaeological sites.
You may finish reading this interview by subscribing to the Spring 2014 issue of The Journal of Art Crime or ordering it at Amazon.com

June 4, 2014

Wednesday, June 04, 2014 - ,, No comments

Cambodia celebrates the reunion of three Hindu statues after four decades

Photo credit to Tess Davis (Facebook)
by Catherine Sezgin, ARCA Blog Editor

Tess Davis, former ARCA lecturer in Cultural Property Law for our program in 2009 and 2010, is in Cambodia celebrating the return of three ancient statues and posting links on Facebook to news headlines.

"Statues 40 year reunion":  Laignee Barron & Vong Sukheng reported for The Phneom Penh Post:
Three of Cambodia’s ancient sandstone warriors were welcomed back to their birthplace yesterday, greeted by lotus wreathes and a troupe of traditional dancers adorned in gold. The ceremony marked the end of a 40-year absence for the Duryodhana, Bhima and Balarama statues. The mammoth, 10th-century characters all belong to the same tableau of mythological Hindu figures once locked in battle at Prasat Chen, a remote jungle temple in Preah Vihear. Over the past year, Cambodia has regained five of the nine statues pillaged from the temple’s Eastern entrance, haphazardly hacked from their pedestals and sold on to international art markets during the Khmer Rouge era. “Surviving civil wars, looting, smuggling and travelling the world, these three have now regained their freedom and returned home,” Deputy Prime Minister Sok An said during yesterday’s repatriation ceremony.
Here's a link to a video of the ceremony.

"Cambodia welcomes back looted 10th-century statues": Kate Bartlett, Anadolu Agency, reported:
With the help of the U.S. government and UNESCO,Cambodia first got the ball rolling in 2012 when it filed a suit against the New York-based auction house Sotheby's after the institution put a statue known as "The Duryodhana" -- valued at about $3 million -- up for sale. Earlier this year, with the case still ongoing, Sotheby's agreed to return the statue. The mighty "Duryodhana" was one of the impressive pieces unveiled at Tuesday's ceremony, alongside statues known as the Bhima and Balarama, returned by the Norton Simon Museum of California and Christie's auction house, respectively. While legal action was originally taken against Sotheby's in the case of the "Duryodhana," Christie's returned its statue voluntarily after discovering it was looted. The Norton Simon Museum did the same. 
Tess Davis, an affiliate researcher at the University of Glasgow who specializes in cultural heritage law, said Tuesday, "It's a very exciting day, not just for Cambodia, but for all countries that have been plundered." "Cambodia's on the right side of history here," she added. 
Anne Lemaistre, head of Cambodia's UNESCO office, called the statues' return "a big coup" for Cambodia and said that it might act as an incentive for other museums and private collectors to return looted antiquities. "Now let's see what Cleveland would say," Lemaistre said, referring to the museum’s recent denial that the Angkor statue in its possession was looted. 
Buddhist majority Cambodia, which has a rich cultural heritage influenced by Indian traditions and Hindu legends, is famed for its temples, and the intricate engravings of graceful traditional dancers and mythological characters adorning their walls. Representatives from Christie's and the Norton Simon who attended the ceremony said they were delighted to have been able to help Cambodia recover some of its valuable cultural heritage. "These statues... were callously hacked... and trafficked on the international art market," Jeff Daigle, deputy chief of mission for the U.S. Embassy in Cambodia, said in a speech, expressing the U.S.’s commitment to stopping the illegal arts trade. "We must not forget that the commercial trade in illicit art remains," he added.
 In 2011, Ms. Davis wrote about the lack of provenance in auction catalogue for objects from Cambodia.

@artrecovery highlights FBI's Bonnie Magness-Gardiner's talk & the mention Fake Matisse in Venezuela that hid a theft for ten years

NYTimes: Matisse's Odalisque
by Catherine Sezgin, ARCA Blog Editor

Here's one of the Tweets sent by @artrecovery (the work of Jerome Hasler) from the Art Crime and Cultural Heritage Symposium (June 4-6) at New York University today in regards to speaker Bonnie Magness-Gardiner of the FBI's Art Theft Program:
BMG - discussing faking of Matisse's 'Odalisque in Red Pants', all manner of issues with authentication once fake discovered #artcrime
A search on the Internet found a July 19, 2012 article in The New York Times by William Neuman, "Stolen Matisse, 'Odalisque in Red Pants Surfaces' (or "Topless Woman Found. Details Sketchy") about the recovery of a painting by Henri Matisse -- apparently the canvas hanging on the wall of the Contemporary Art Museum of Caracas in Venezuela, had obscured the theft of the original:
The theft of the painting was first discovered in late 2002, when the Contemporary Art Museum of Caracas was contacted by a Miami gallery owner saying that someone had offered to sell it to him. Experts at the museum inspected the likeness and were shocked to find that it was a fake, and not a very good one, at that. Someone had removed the original painting from its frame and put the fake in its place, leaving it to be exhibited as if it were the real thing. And no one noticed. The fake painting appears to have been hanging in the museum for at least two years and perhaps longer. Marianela Balbi, a journalist who wrote a book about the theft, said that a photograph taken in September 2000 shows President Hugo Chávez standing in the museum in front of the fake Matisse. That is the earliest indication of the switch, she said. The next month the museum heard from a Matisse expert that someone was shopping the painting around, Ms. Balbi said. But it appears no one followed up, and the theft went undiscovered for an additional two years.
The original painting by Matisse was recovered in Florida in Miami in a FBI undercover operation.

Follow Art Recovery International's NYU Art Crime Conference June 4-6 via "live tweeting" (@artrecovery)

Jerome Hasler will begin "live tweeting" Wednesday morning from the Art Crime Conference designed by New York University and Art Recovery International (Christopher Marinello's new venture). The three-day conference will cover the subjects of fakes, forgeries, and looted and stolen art. You can follow the @artrecovery Twitter account for updates. The first day of the conference, organized under the title of "Art Theft", will include opening remarks by Alice Farren-Bradley, Moderator, Museum Security Network; Associate Director of Recoveries, Art Recovery International Ltd.; Jane C.H. Jacob, President, Jacob Fine Art, Inc.; and Christopher A. Marinello, Attorney and Founding Director, Art Recovery Group. Anthony Amore, Director of Security, Isabella Stewart Gardner Museum; coauthor, Stealing Rembrandts, will deliver the Keynote Lecture: "Art Theft in America". Milton Esterow, former Editor and Publisher, of ARTnews will speak on "Investigating the Market and Informing the Public"; Joe Medeiros, Director and Writer, will discuss "Mona Lisa Is Missing: The Truth about the Man Who Stole the Masterpiece". You may read the rest of the program here.