In a legal battle that has taken 19 years of litigation, Germany's Plenipotentiary of the Free State of Bavaria, Dr. Rolf-Dieter Jungk, has turned over the eighth-century pre Columbian gold Lambayeque (Sicán) funerary mask to the Peruvian Culture Minister, Patricia Balbuena, at the Peruvian embassy in Berlin on Thursday. The priceless mask, made of hammered sheet gold alloy, was confiscated in Wiesbaden in 1999.

Decorative masks such as these have been found in tombs in the Lambayeque region of Peru, near the modern city of Chiclayo. As they lack perforations to see with, or holes to breathe through, they are believed to have been created solely as ornaments for the deceased, and likely covered the faces of high status individuals as part of their burial processes.

According to investigations by the Fiscal Police of Peru, the mask is believed to have been smuggled out of Peru sometime in 1997 and was brought to Germany by Aydin Dikmen. Dikmen was arrested in 1998 for his role in selling looted mosaics from the 6th century church of the Virgin of Kanakaria in the village of Lythrangomi sold on to Peg Goldberg in the United States.  The mask was formally confiscated in 1999 by the INTERPOL Office in Wiesbaden, Germany. 

 

The case for restitution took years, winding its way through the Regional Court of Munich.  In December 2016, the 6th Civil Chamber issued a sentence ordering the release of the Sican Mask, confiscated by the Munich Prosecutor's Office and authorized its delivery to the Peruvian State.

For more information illustrating the search for recorded cultural goods, stolen, auctioned and repatriated from Peru, please follow the excellent writing at Memoria Robada. 

Eight months into the investigation, Italian news sites have begun reporting more details on the band of thieves believed to be behind the theft of part of the jewellery collection of Qatar's Sheikh Hamad bin Abdullah al-Thani. The jewels were stolen from an alcove just off of the Sala della Scrutinio at the Palazzo Ducale during a brazen, broad daylight, robbery from the "Treasures of Mughals and Maharajas" exhibition on January 3rd.

Reconstructing the events surrounding the 10 am theft on the final day of the exhibition authorities have apparently discussed their hypothesis with one or more members of the Italian press. 

Una banda di varie persone di
nazionalita' croata e serba sarebbe responsabile del clamoroso
furto di gioielli della collezione Al Thani compiuto il 3
gennaio scorso a Palazzo Ducale, a Venezia, durante la mostra
"Tesori dei Moghul e dei Maharaja".

— Clemente Mimun (@cjmimun) September 5, 2018

According to a report first published on Twitter by Mediaset Journalist Clemente Mimun, it is believed that the thieves may be members of a Croatian and Serbian criminal network which specialized in high-value thefts, known to have committed other offences in Italy and other countries.  No information is given in Mediaset's formal article several hours after Mimun's tweet, nor in La Repubblica's subsequent article as to why authorities believe the squad is made up of Serb and Croat nationals or indicating what information aside from general speculation would lead to this assumption.


During the January 3, 2018 incident, two thieves, one serving as lookout, wearing a buttoned sweater and a fisherman's beanie, and a second serving as principal actor, took a remarkable 20 seconds to open, then pocket a pair of teardrop diamond earrings and a heavy brooch made up of diamonds, rubies, gold, and platinum.

Given that the display case and its alarm failed to activate or activate in a timely manner when the glass case was breached, it is reasonable to assume that the pair of thieves might have had insider help.  Perhaps from someone, either connected to the museum with knowledge of or access to the exhibitions alarm systems, as they were expressly installed for this specific exhibit and in normal circumstances would have been expected to sound an alarm as soon as the display case was opened which would allow time for the perimeter to have been sealed.

Gone in a Bling

In the CCTV camera footage a clean-shaven man wearing a hooded puffer jacket and casual pants, sporting a traditional coppola style flat cap, can be seen at first viewing the jewels in several display cases at a leisurely pace, along with five other individuals, one of whom is believed to have served as a lookout.

Once the room clears of potential witnesses, the thief, working quickly and discreetly, but in full view of the CCTV camera, opens the glass door on the case and pockets the jewellery in the pocket of his jacket.  Afterwards, the pair calmly blend back in with the rest of the museum's patrons, and casually exit the Doge's Palace before security has time to apprehend them. 

Given that the security for this event was specifically requested and installed as a condition of the exhibition of the Sheik's jewels, it is reasonable to believe that the culprits were practised experts, perhaps those who also had advance knowledge of the Doge's security routine, and the timing it would take for security to react to their breach.

Whether or not Mediaset was referring to a network of jewel thieves known as "The Pink Panthers", an elusive gang of jewel thieves which is believed to have members from Croatia, Serbia, Montenegro, and Bosnia and Herzegovina is unclear. This sometimes violent network of jewel thieves are believed to be responsible for more than 200 high-value robberies in Europe, Asia and the Middle East.  For fifteen years this network of Balkan jewel thieves has committed audacious heists, sometimes by violent means as depicted in the real-life surveillance footage shown in the documentary “Smash and Grab: The Story of the Pink Panthers.” 


As in the Venice heist Pink Panther thefts usually involve prior preparation and advanced skill, often casting nondescript individuals to case locations of potential robberies prior to their execution.  In one particularly dramatic theft on May 19, 2003 at Graff on New Bond Street in London a member of the group was able to make off with more than thirty million dollars’ worth of diamonds at in less than three minutes.

Whether or not the Doge's Palace Museum theft is related to the Pink Panthers is unclear, but should they be, they will likely benefit from the inventive perpetrators' uncanny ability to fence traceable high-end goods. In the past law enforcement authorities have indicated that the Panther network consisted of between twenty and thirty experienced thieves at any given time, with facilitators in various cities providing logistical assistance.   Often, stolen diamonds end up in Antwerp as well as among the collections of indifferent clients in wealthy countries like Italy, France, Russia and Switzerland.

According to local authorities, thieves broke into the Nizam Museum housed on the first floor of the Purani Haveli palace located in Hyderabad, Telangana, India sometime on the evening of Sunday, September 2, 2018.  The palace, located just a few kilometers away from Chowmahalla Palace, is also home to a library and the Mukarram Jah Technical Institute.

In the past the palace was once the official residence of the Nizam, the last of whom ruled over the region from 1911 to 1948, when Hyderabad State was annexed by India.  The museum showcases many gifts that the 7th and last Nizam, Mir Osman Ali Khan, Asaf Jah VII received on his silver jubilee in 1936.  The museum  has been privately run by the Nizam’s Jubilee Pavillion Trust, and managed by descendants of the Nizam since the year 2000.  It houses approximately 450 objects in its collection.

Dislodging a four-feet wide ventilation grill, the burglar or burglars appear to have worked as a coordinated pair, dropping some 20 feet down into the exhibition gallery.  

The ventilator from where the thief/thieves came into the room which housed the antiques pic.twitter.com/BLYMF5P7sH

— Aihik Sur (@AihikSur) September 4, 2018

Once inside one of the culprits broke into a non alarmed exhibition case and removed a three-tier diamond-studded gold tiffin box with trays carved with flora and fauna, as well as a golden tea cup and saucer embedded with ruby and emeralds, a spoon and a tray which once belonged to the 7th Nizam. Tiffins (or dhabbas) are traditionally round metal lunch containers with three or four stacking compartments used for serving traditional homemade thali lunches which feature bread, pickles, spicy curries, and sometimes desserts.

In a tale that began as a follow up to a funding initiative, I was scheduled to be in the Netherlands this past March to meet with folks at Maastricht University who ARCA was collaborating with on an EU funded Horizon 2020 grant proposal designed to address the critical issues involved the illicit trafficking of antiquities (which, by the way, we were later not awarded).  "The European Fine Arts Fair," or more simply by its art market acronym, TEFAF.  Part of the impetus for meeting in the Netherlands was that I was already in Maastricht, as each year, since 1988, the city has played host to an annual art, antiques, and design fair at the MECC which is organized by The European Fine Art Foundation called

I was at TEFAF to keep an eye open for looted antiquities which might be on sale with fabricated provenances — artworks from the ancient past which have no legitimate pedigree as they have been looted directly from the ground.  Illicit antiquities like these have a propensity for eventually bubbling up into auction house and trade fair sales as their illicit excavation from archaeologically rich sites means that they will not appear in any for-fee stolen art database searches as there is no way to report a previously unknown object as missing.  Once a looted object gains a plausible fabricated provenance, it only takes a few purchases and a publication in one or two glossy exhibition catalogs, to give a looted object a superficial patina of legitimacy.

I was not expecting to find an object stolen from a museum as these types of thefts are routinely registered with police, as well as with art market theft databases.  Searching services, conducted by Art Loss Register, are also incorporated into the vetting of objects for sale at TEFAF in both their New York and Maastricht sales events and are designed to reduce or resolve art-related ownership disputes.

But on Thursday, 15 March 2018 around lunchtime, I pressed the send button on my smartphone application and passed a high resolution photo of a suspicious object I had seen at the stand of one of the international art dealers.  The photo sent was of a Post-Gupta, seated Buddha in the Bhumisparsha Mudra pose, a delicate bronze with his right hand as a pendant over the right knee and with the palm of his left hand facing upward.  The person I sent the photo to was Vijay Kumar, the cofounder of India Pride Project.  

IPP has been responsible for identifying countless Indian treasures stolen and smuggled overseas, some of which have been found in prestigious museums around the globe.  Less than 2 hours later, and with careful comparison with  images obtained through a retired ASI employee, Dr. Sachindra S Biswas, Kumar and I were fairly confident we had a match.  

The following morning, Friday, 16 March 2018 and after multiple cross checks, between the photos of the object I took and those of the ASI, I contacted Martin Finkelnberg, Head of the Art and Antiques Crime Unit of the Netherlands National Police Force, INTERPOL, UNESCO and the Indian authorities and presented everyone with the supporting evidence of our identification.   In our opinion, as well as the opinion of two external experts, we felt confident, to the best of our abilities, that the object for sale at TEFAF in March 2018 was an exact match to one of 14 objects stolen from the Nalanda Archaeological Museum of the Archaeological Survey of India (ASI) in Nalanda, Bihar, India on August 22, 1961.

Despite its theft, the stolen Buddha was pictured in Ulrich Von Schroeder's book "Into-Tibetan Bronzes," a book published in Hong Kong in 1981.  By that time the object had already been satisfactorily laundered into the licit market and was  listed as part of a private collection in London.  

Based on the preponderance of evidence we presented, the Dutch police force acted immediately and sent officers to pay a visit to the dealer's representative on site at TEFAF for the last day of the Dutch fair.  The manager of the stand reported to the Dutch police that the firm was holding the object for a consignor who resided outside of the Netherlands.  

Working cooperatively with law enforcement, the dealer agreed to be in touch with the Buddha's current owner as well as New Scotland Yard, London's Metropolitan Police upon their return to London where an investigation could be taken up by the UK authorities.  ARCA and India Pride Project, in turn, passed all the evidence we had obtained on to Detective Constable Sophie Hayes, of New Scotland Yard's Art and Antiques Unit. 

Once in London, Constable Hayes began her own necessary due diligence in order to ensure that our impressions were correct.  After reviewing the documentation we had provided to the London police, Hayes contacted France Desmarais of the International Council of Museums (ICOM).  

Desmarais arranged for a neutral external expert opinion on the Buddha currently held in the UK by the antiquities dealer for the consignor.  This evaluation was conducted for evidence of authenticity as well as in comparison to the evidence provided by ARCA and India Pride Project related to the theft in Nalanda, Bihar 57 years ago. 

ICOM's expert found the bronze in question to be authentic, and a match to one of the 14 objects stolen in 1961.

To understand how experts authenticate ancient art of this type it is important to understand that bronzes produced in the later medieval period (circa 12th century) in eastern India were made using the “lost wax” method.  This is a process where a wax model is made which can be used only once, as the wax melts away when the molten bronze is poured into the mould. For this reason, each bronze Buddha made using the lost wax method is unique, and while other Buddhas may have a similar appearances or poses, no two will be exactly alike as each object has to be made from its own individual wax mold. 

Completing this confirmation check took some time, as the number of post-Gupta era experts is limited and authentication is not something experts working in the museum community perform without careful consideration and thoughtful examination.  I'd like to personally thank both the anonymized expert and Ms. Desmarais for their time and expert assistance regarding the origins of this bronze. 

With ICOM's confirmation in hand, the Met's Art and Antiquities Squad worked to convince the current owner of the Buddha, who, along with the dealer had been cooperative throughout the investigation, to voluntarily relinquish the object back to its home country.   Today, it was handed over to Indian High Commissioner to the UK, YK Sinha during a ceremony this morning at the Gandhi Hall, India House, Aldwych in London, timed to coincide with India’s Independence Day.

Speaking with Vijay this morning hee stated "this is a great demonstration of inter governmental and activist groups and also the need for proper documentation. We hope this is just the beginning in finding closure to this case as we are still after the rest of the stolen artifacts. Hope the museums in America are looking at this with interest. "

While I, like Vijay am overjoyed that this stolen Buddha is finally going home, another similar to it, identified in February and stolen during the same theft, still sits at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California.  The question remains, if the US-based museum will be as forthcoming as this collector and UK dealer.  Both of whom did the right thing by cooperating during the investigation and eventually returning the stolen object back to India voluntarily.  

By:  Lynda Albertson

Screenshot of William Veres from the documentary “The Hunt for Transylvanian Gold

Judges from the Tribunale del Riesame di Caltanissetta, the court of first instance with general jurisdiction in criminal matters within the territory of Caltanissetta, Sicily, have rejected an appeal made through attorney, Davide Limoncello,  presented in relation to a European arrest warrant (EAW) issued for William Veres.  The London-based Hungarian antiquities dealer is one of 41 persons who have been named in Operation Demetra, an Italian-led illicit trafficking blitz carried out by law enforcement authorities in Italy, Germany, Spain, and the United Kingdom in July 2018.  

The appeal presented by Limoncello on behalf of Mr. Veres was made to address the personal and real precautionary measures requested by the Italian authorities in relation to his client, deemed necessary by the prosecutor in the context of the criminal proceedings related to the case. 

Veres was taken into custody on 4 July by officers from London's Metropolitan Police - Art and Antiques Unit at his home in Forge Close, Stanmore in north-west London.  Subsequent to his arrest, Veres was released on bail with supervised release conditions while he awaits the UK's ruling at London’s Westminster Magistrates’ Court as to whether or not he should be extradited to Italy to face the charges against him.

Extradition to Italy is regulated by law as well as by international conventions and agreements. In general, extradition, is this case between Britain and Italy, means that Italy has asked the UK to surrender Veres as a suspected criminal in order to stand trial for an alleged violation of the Italian law.  But before doing so, the antiquities dealer is entitled to an extradition hearing.

During that extradition hearing a UK judge will need to be satisfied that the conduct described in the European arrest warrant amounts to an extraditable offence in Great Britain.  This means, in almost all cases, that the alleged conduct of the suspect would also amount to a criminal offence were it to have occurred in the UK.  The UK courts would also have to evaluate whether or not  any of the UK's statutory bars to extradition apply. 

Most of the bars prohibiting extradition in the UK have to do with double jeopardy, the absence of a prosecution decision (whether the prosecution case against the accused is sufficiently advanced) or whether or not the request by the requesting foreign authority is improperly motivated.   The London judge will also decide if extradition would be disproportionate or incompatible with Veres'  human rights. 

Should the judge at the extradition hearing decide it would be both proportionate and compatible, Veres' extradition to Italy would subsequently be ordered.  Veres could then, if he so chose, ask the UK High Court for permission to appeal this decision, provided that request is made within seven days of the previous order.  

If the High Court grants an appeal, in that situation and later affirms the lower court's ruling that extradition is both proportionate and compatible, Veres would become subject to extradition within 10 days of the final court order (unless an agreement to extend, due to exceptional circumstances, is made with Italy).

By:  Lynda Albertson

Concluding a formal agreement between India and the Metropolitan Museum of Art has handed over to a 9th century Durgamahishasurmardini that had once been enshrined in the Chakravarteswara temple at Baijnath to  the Consulate General of India in New York.  The Durga was donated to the Museum in 2015 and was later recognized by museum staff from the cover of K. P. Nautiyal’s "The Archaeology of Kumaon, including Dehradun; a comprehensive account of the cultural heritage of modern Garhwal and Kumaon divisions." 

Also returned was a "The Head of a Male Deity" which matches an image also listed and now removed from the museum's website of a "3rd century Head of a Bodhisattva (?)" from the Ikshvaku period (second half of the 3rd–early 4th century) from Nagarjunikonda which had been gifted to the museum by Evelyn Kossak, via The Kronos Collections, 1986. 

Antiquities and copies of antiquities from the 2006 Greek Seizures

In a court ruling coming in at the end of July, first reported by the blog of the Committee on the Illicit Trade in Cultural Material of the European Association of Archaeologists (EAA), the E (5th) 3 member Appeal Penal Court of Athens, Greece, hearing the case in first instance, has handed down their decision on members of the well-known shipping family Papadimitriou, originally accused on 22 November 2006 of illegally possessing and receiving illicit antiquities.

According to the contents of an email, apparently recieved by the State Legal Adviser's Office to the Ministry of Culture and Sports of the Hellenic Republic, relating the outcome of the 26 July 2018 hearing on the case (translated from the original Greek):

"The Court by majority found guilty Despina and Dimitri Papadimitriou for the act of embezzlement of monuments and convicted each one of them to suspended imprisonment of 4 years. It also ratified the seizure and ordered the confiscation of the seized items."

According to Greek Law No. 3028/02, “On the Protection of Antiquities and Cultural Heritage in General” (article 56), destruction, damage or alteration of a monument, as well as theft or embezzlement of monuments, (articles 53 and 54 respectively) are punishable acts in Greece.

The objects which led to this reported conviction were confiscated twelve years ago from the family's villa on the Aegean island of Schinoussa as well as at a second family residence in the suburb of Psychiko, in northern Athens.

The Saint Basil area of the Island of Schinoussa. The private peninsula owned by the Papadimitriou/Michaelides family. Image Credit:  ARCA 2018 Google Maps screen capture

The antiquities connected to these charges were held on that occasion in accordance with Greek Law 3028/2002 on the Protection of Antiquities and Cultural Heritage in General along with a significant number of photographic images, many of which represent additional antiquities, not recovered on the properties during the aforementioned Greek raids. The objects portrayed in the photos are related to the commercial transactions of antiquities dealers Christo Michaelides and Robin Symes who sold ancient art through Robin Symes Limited.
According to the book "The Medici Conspiracy" the 17 albums of photographic documentation seized, often referred to as the "Schinoussa archive" depict 995 artifacts in 2,191 photos.   The bulk of the images, shot by professional photographers.  The binders are said to be derived from the most important antiquities which are known to have passed through Symes and Michaelides' hands at some point during their business dealings from the 1980s through the 1990s.

While photographs from the Schinoussa archive do not, in and of themselves, prove that a specifically photographed antiquity is illicit in origin, the images photographed can raise disturbing questions about which middleman hands unprovenanced antiquities have passed through.  What we do know is that the Symes - Michaelides duo sold objects tied to other traffickers in completion of transactions to wealthy collectors and some of the most prestigious museums in the world.

An example of this is the recently repatriated calyx-krater mixing vessel attributed to Python, as painter which was returned to Italy. This object was purchased by Speed Art Museum through Robin Symes Limited, on the basis that the krater came from a private collector in Paris.  Instead the object was found to match photos from the Giacomo Medici archive, where the antiquity is depicted in an unrestored, and obviously looted, state.  This means the French provenance applied to the object and relayed to the museum was a fabrication.  It is for this reason, that objects represented in the Schinoussa archive and/or sold via Robin Symes Limited, in circulation within the world's thriving antiquities art market deserve careful scrutiny as they may represent antiquities derived from illegal sources.  

At the time of the Schinoussa and Psychiko villa searches, in April of 2006, the resulting haul of undocumented antiquities was considered to be the largest antiquities seizure by law enforcement in recent Greek history.  In total, some 152 undocumented ancient artworks were inventoried by investigating authorities.  Later, evaluations by two committees of experts were held in order  to determine which objects were authentic and therefore subject to seizure under existing Greek law.  The committee also looked at what might merely be fakes or reproductions.

Some of the notable objects identified on the Papadimitriou properties included two large Egyptian sphinxes made of pink granite, nine rare Coptic weavings from the fourth-to-sixth centuries C.E., multiple marble busts, Corinthian capitals, and Byzantine architectural elements.  There was even a fake statue that was once displayed at the Getty Museum.  One of the more unusual finds was the remains of an entire 17th century building which had been dismantled, perhaps to be reconstructed elsewhere at some later date.

Officers also found shipment boxes from Christie's auction house which included market transactions from 2001 through 2005.  Notably, many of the objects found during the executed search warrants were still wrapped, either having never been unwrapped, or perhaps having been rewrapped, awaiting transport elsewhere.

At the end of the committee evaluations a total 69 objects were confiscated by the authorities.  Their total estimated value:  a little more than €982,000 euros.

The largest find during the raid in Schinoussa. A modern construction chapel dedicated to Saint Basil made up of architectural elements originating from other Byzantine temples. Photo Credit: C. Tsirogiannis

Those who follow illicit trafficking will already be familiar with the name of deceased antiquities dealer Christo Michaelides, who, prior to his death was the former partner of Robin Symes. Michaelidis lived with Symes from the 1970s until his death on 5 July 1999 as a result of a fatal fall which occurred during a dinner party in a villa in Terni, Italy hosted by the now famous American antiquities collectors, Leon Levy and Shelby White.

Michaelides descended from a Greek shipping family, run by his father, Alexander Votsi Michaelides.  His sister is Despina Papadimitriou, is one of the four original defendants charged by Greek prosecutor Eleni Raikou seven months after the Schinoussa and Psychiko seizures.  The other individuals named in this case are Despina's three adult children, Dimitri, Alexis, and Angeliki, though it appears that the court has ruled negatively on solely Despina and Dimitri.

According to the Greek indictment, the defendants unlawfully appropriated 

And as stated in the hearing that referred them to the audience of the Triennial Court of Appeal of Athens: 

During the proceedings the defendants disputed Greece's charges arguing that the seized property was owned by their husband/father, Alexander Michaelides, or by their brother/uncle, Christo Michaelides.  Prior to his death, Christo Michaelides spent a significant amount of time on the family estate in Schinoussa, socializing with individuals known to purchase ancient art, some with fabricated provenances, including Marion True, the former Curator of Antiquities at the J.Paul Getty Museum.

Former Getty Curator Marion True, with Christo Michaelides, in Greece, 1998 Image Credit:  The Medici Conspiracy

According to Greek news reports Despina Papadimitriou claimed that she was unaware that she needed to declare the antiquities that came into her possession after her brother's death, since she believed that Michaelides' occupation with the art trade was legitimate.

This statement is perplexing given her brother's longterm ties to his partner, Robin Symes, and the pair's business dealings with well-publicised dealers of ancient art who were already known to be involved in the handling and selling of tainted illicit antiquities.

As this court decision moves forward to the second judicial phase it is interesting to note that London lawyers on behalf of all four members of the Papadimitriou family named in this court case have sent a lengthy letter, written one day after the Court's decision, to one of the Greek state's witnesses who testified on behalf of the government during their trial. The contents of this four-page letter, written to Cambridge-based forensic archaeologist Christos Tsirogiannis, might be interpreted as witness intimidation. 

The letter, written by attorney's representing the Papadimitriou family, including its sharply worded final sentence,  can be read in its entirety in the EAA blog of the Committee on the Illicit Trade in Cultural Material.

Commentary regarding the allegations made in the text of this letter to Tsirogiannis can be found on the blog of antiquities trafficking researcher Dr. Samuel Hardy here.


By:  Lynda Albertson

The protracted multi-million dollar lawsuit regarding the 480-year-old paintings of Adam and Eve by Lucas Cranach the Elder at the Norton Simon Museum that has lasted more than ten years has now come to a close.  A three-judge panel of the United States Court of Appeals for the Ninth Circuit in a unanimous decision, has ruled in favour of the museum and not Marei von Saher, the sole surviving heir of the Dutch-Jewish art dealer Jacques Goudstikker, who has long sought to recover her father in law’s artworks, looted during the Second World War. 

Throughout this protracted judicial process, Saher, had sought the return of the two 500-year-old biblical-themed paintings, which at one point had been appraised at $24 million.  

Jacques Goudstikker was once considered to be the preeminent dealer of Old Master paintings in Amsterdam and is estimated to have amassed an extraordinary collection of some 1400 works of art of the course of his professional career.  When Germany began its assault on Holland on May 10, 1940, Goudstikker knew that his family's time was up. As Rotterdam burned and the Nazi invasion under Reichsmarschall Göring gained speed, Goudstikker, his young wife Désirée von Halban Kurtz, and their infant son Edo boarded the SS Bodegraven, a ship docked at the port city of IJmuiden, departing for England and then on its way to the Americas. 

Unable to transport his collection with him, Goudstikker carried a neatly typed inventory of his property in a black leather notebook.  This notebook detailed artworks by important Dutch and Flemish artists like Jan Mostaert and Jan Steen, as well as works by Peter Paul Rubens, Giotto, Pasqualino Veneziano, Titian, Rembrandt, Vincent van Gogh as well as the Cranachs.  Unfortunately, in a further tragic twist of fate, Goudstikker lost his life on his journey to safety, breaking his neck in an accidental fall through an uncovered hatch just two days into the departing ship's voyage.

In less than a week after the German Luftwaffe of the Third Reich crossed into Dutch airspace, Dutch commanding general General Henry G. Winkelman surrendered and the country fell under German occupation.   As a result, Amsterdam came under a civilian administration overseen by the Reichskommissariat Niederlande, which was dominated by the Schutzstaffel.  

Goudstikker's collection was quickly liquidated in a forced sale typical of many World War II -era art thefts.  Nazi Reichsmarschall Hermann Göring himself cherry picked many of the choicest art works, including these two 6-1/4 foot (1.9 meters) tall Cranach panels. Göring went on to send more than 800 paintings to Germany, some of which were hung in his private collection at Karinhall, his country estate near Berlin.

On Monday, July 30, 2018, the three-judge panel with the United States Court of Appeals for the Ninth Circuit, which is the U.S. Federal court with appellate jurisdiction over the district courts in Alaska, Arizona and the Central District of California applied “the act of state doctrine,” validated the 1966 sale of the paintings by the Dutch government, which by then owned them, to George Stroganoff-Scherbatoff who in turn sold them to the Norton Simon in 1971.

“The act of state doctrine,” limits the ability of U.S. courts, in certain instances, from determining the legality of the acts of a sovereign state within that sovereign's own territory and is often applied in appropriations disputes which immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.

The judges held that in order for von Saher’s claim to have been upheld, the  court would have been required to invalidate the official acts of the Dutch government. Specifically, the Dutch government’s conveyance of the paintings to Stroganoff-Scherbatoff would have needed to have been deemed legally inoperative.  Additionally the panel would have needed to disregard both the Dutch government’s 1999 decision not to restore von Saher’s rights to the paintings, and its later statement that her claim to the paintings had “been settled.”

To view the Judges' opinion entirety, please download the file from the ARCA website here.

By:  Lynda Albertson

As the transnational crime investigation Operation Demetra proceeds into the alleged trafficking of archaeological finds, Italian news reports have begun publishing the names of the 41 individuals currently listed in the ongoing investigation.  Some of these individuals have been given precautionary pretrial measures including pretrial incarceration, house arrest or electronic monitoring.  The remainder are at large pending the conclusion of the investigation.

The individuals alleged to be involved live in 19 cities in Italy, as well as in Ehingen, Germany, Barcelona, Spain, and Stanmore (London) in the United Kingdom. 

A breakdown of the cities is as follows:

Resident of Adrano, Italy

Salvatore Leanza, 55

Resident of Albiano d'Ivrea, Italy

Walter Angelo Rezza, 70

Resident of Belpasso, Italy

Palmino Pietro Signorello, 66

Residents of Campobello di Licata, Italy

Francesco Giorano, 71

Luigi Giuseppe Grisafi, 64

Ignazio Urbano La Mendola, 79

Residents of Canicattì, Italy

Anna Maria Omero, 74

Mauro Ettore Zanchi, 56

Residents of Centuripe, Italy

Franco Benardelli, 82

Francesco Saccone, (also known as "Ciccio") 80

Residents of Collegno, Italy

Valter Bertaggia, 70

Resident of Favara, Italy

Calogero Stagno, (also known as "Lillo"), 51

Residents of Gela, Italy

Giuseppe Cassarà, 58

Simone Di Simone, (also known as "Ucca aperta"), 46

Orazio Pellegrino, (also known as "nacagliacani"), 54

Resident of Licata, Italy

Salvatore Curella, 66

Resident of Mazzarino, Italy

Giovanni Stuppia, 39

Resident of Mazzè, Italy

Alfredo Crepaldi, 61

Salvatore Pappalardo, 55

Resident of Palma di Montechiaro, Italy

Domenico Dario Cutaia, 43

Residents of Paternò, Italy

Santo Gulisano, 58

Alfredo Antonino Pennisi, 57a

Luigi Signorello, 34

Residents of Ravanusa, Italy

Matteo Bello, 53

Calogero Ninotta, (also known as "Lilli"), 39

Gaetano Romano, (also known as "Mimmo"), 58

Bernardo Tresca, 67

Residents of Riesi, Italy

Angelo Chiantia, (also known as "Faccia pulita") 59  

Daniele Correnti, 55

Onofrio La Leggia, (also known as "Ciuffettino") 59

Francesco Lucerna, (also known as "U zu Ginu") 76

Gaetano Luciano Oliveri, 57

Gaetano Patermo, (also known as "Tano"), 63

Filippo Vecchio, 51

Residents of Refrancore, Italy

Renzo Maggiora, 79

Resident of Strongoli, Italy

Luigi La Croce, 62

Residents of Torino, Italy

Giovanni Lucerna, 49

Maria Debora Lucerna, 55

Resident in Ehingen, Germany

Rocco Mondello, 61

Resident in Barcelona, Spain

Andrea Palma, 36,

Resident in Stanmore (London), UK

William Veres, (also known as “il professore"), 64

A New York Supreme Court judge has ordered the plundered bas-relief from the city of Persepolis, which dates from the 5th Century B.C.E., must be returned to Iran as the country from which authorities say it was stolen more than 80 years ago.  

In February 2014 ARCA wrote about a sandstone bas-relief panel then-titled, "Head of a Guard" stolen in September 2011 from the Montreal Museum of Fine Arts (MMFA) and found 2000 miles away in Edmonton.  The Persian Achaemenid relief from Persepolis was one of the museum's only pieces representative of Persian art of the Achaemenid period (2nd half 6th century BCE to 330 BCE) and had been part of the museum's permanent collection for decades. 

It was discovered thanks to a collaborative criminal investigation by the Sûreté du Québec and the Royal Canadian Mounted Police, in collaboration with a Loss Adjuster from the insurance firm AXA Art.

Shortly after its recovery, and with the MMFA unable, or uninterested, in buying the piece back from its insurer, the Persepolis relief was sold.   AXA Art sold the relief to  London antiquities dealer Rupert Wace, owner of Rupert Wace Ancient Art and the object entered the commercial art market.

Rare and highly valuable on the ancient art market, the relief's debut was highlighted in an article by Royal Academy of Art's Charles Saumarez Smith and Sam Phillips titled What to see at Frieze 2016.   In that article, the pair picked out some of their favourite artwork on sale at the London fairs and this image of an ancient fellow was one of them.

The article opened with a high-resolution image of the Assyrian relief and went on to say that the antiquity was located at the booth of Sam Fogg near the show's entrance.  It mentioned the relief as being museum quality and that it was once part of the Montreal Museum of Art collection but made no mention of its theft in Canada or why the Museum did not buy back the object at the time it was recovered.  A further article in The Guardian stated that the piece was for sale for £2.2 million. 

But then the little soldier didn't sell.

The Park Avenue Armory. Image Credit: Wikimedia Commons.

Later, on October 27, 2017, law enforcement authorities confiscated the antiquity from Rupert Wace's own stand at the Park Avenue Armory during the first hours of The European Fine Art Fair (TEFAF) in New York.  The seizure was done under orders from the New York district attorney’s office on the basis that it had been unlawfully transported out of its country of origin.

Court records indicate that archeologists from the Oriental Institute of the University of Chicago had documented that the same bearded, eight-inch-square, relief of a Persian imperial guard could be seen in old photographs adorning the Persepolis ruins in Iran as late as the year 1936.  Given that the Iranian government had criminalised the export of such antiquities in 1930, the New York authorities seized the antiquity as evidence in a possession of stolen property investigation.

Antiquities dealer Rupert Wace argued that the relief had been donated to the Quebec National Museum by Canadian department store heir and collector Frederick Cleveland Morgan sometime between 1950 and 1951 and had been openly exhibited at the museum without any requests from Iran up until the date it was stolen in 2011.

Image Credit:  Courtesy of the Oriental Institute of the University of Chicago

But on Monday, July 23, 2018 a New York Supreme Court judge sided with Iran and ordered that the eight-inch-by-eight-inch work be returned to its country of origin on the basis that a thief cannot pass on good title on stolen goods.

As can be seen by this artworks presence in both the London and later New York sale venues, insurance claims can get complicated when it comes to magnificent art works once donated without fabricated, little, or no provenance to museums.  Especially when it comes to objects donated during time periods when stricter standards of due diligence may not have been satisfactorily applied.  This is especially true when high-value, high-portability and rapidly appreciating works of art are stolen and subsequently recovered years later. 

Updated:  26 May 2018

To view New York's very very interesting Application for Turnover and its details on the transactions and due diligence of both AXA and the dealer purchaser in determining this object's legitimacy in the market, please see here. 

To view New York's Final Turnover Order please see here. 

By Lynda Albertson