East Indiamen Madagascar by Thomas Goldsworth Dutton (fl 1840) National Maritime Museum Greenwich, London

A lesson from our regulatory past. 

The more ship you can see, the higher the vessel sits in the water.

The less ship you can see, the lower the vessel sits in the water.

If you own a ship, you make more money by transporting more goods. 

Logistically, ships sitting high in the water carry less cargo.  Those seen sitting low in the water carry more cargo. 

Either is ok when the ship is moored safely within a harbor and in most cases when the weather is calm. 

But when a large vessel sets out to sea, the heavier ship, sitting lower in the water, suffers from increasing drag as it moves. It is generally less responsive to steering making a heavily laden ship more difficult to manage in rough seas.  If an overly-laden vessel gets caught in a storm, it's easier for it to take on water and also to sink.

When ships sink, sailors and passengers drown and cargo is lost to the murky depths.  But the insurance fees paid out to the voyage's financers and ship owners were designed to cover such financial losses, so for the shipping industry, more cargo (still) equalled = more money.

That’s how it was in nineteenth-century Britain. 

A ship's crew and passengers might die, but the ship's backers and owners were still compensated financially through marine insurance.  Likewise, due to the booming trade market of the period, the demand for marine insurance created opportunities for profit for both the marine merchants and their voyage underwriters, who in turn profited from high premia which more than compensated the underwriters for the losses incurred when an insured merchant's vessel sunk. 

In 1871 alone 856 ships sank off the coast of Britain. Nearly 2000 sailors and an unknown number of passengers drowned at sea.  

Profit-driven, many shipping barons were unpulsed, more interested in how and when the merchandise got from point "A" to point "B".  More so, with the death of all hands on deck, it was sometimes impossible to verify or disprove events which had occurred in distant ports or on the rough open sea.  To them, the risk to human lives was not a particularly motivating factor to change the status quo of overloading.  Humans may have been drowning, but merchants and many of their underwriters were still making fortunes. 

Sailors often referred to these overly-laden vessels as coffin ships, a way to describe a ship that was overinsured and worth more to its owners sunk than afloat. To them, merchants turning a blind eye to the coffin ships represented the depths to which the merchants operating in the market could stoop.  

But despite their worries, it was an offense for a sailor to refuse to sail, and to do so could mean many months, or even years, in the gaols.  Such were the state of affairs that in 1871 alone, 1628 sailors, including two complete crews, were jailed for refusing to work on overladen merchant vessels.  For many, despite their reluctance and awareness of the awful toll on human life aboard such ships, desperation drove their decisions, forcing them to agree to work as the crew, making them part of an equation that valued commerce and merchandise over humanity. 

Despite the sometimes strident calls for help from worried seamen and the families of those lost at sea, the general consuming public seemed blindly unaware or disinterested in the problem.  That is apart from one man, Samuel Plimsoll, an English social reformer.

Plimsoll fought for a safe loading line on all ships to be passed into law on all English ships and asked for regulation to prevent the overloading of cargo encouraged by the ships' greedy owners.  Plimsoll's principle was based on one already known by seamen as far back as the Middle Ages.  Back then, ships from Genoa, Italy in the Venetian Republic, and the Hanseatic League, required ships to show a load line indicating how heavy the vessel was weighed down with merchandise. 

Yet Plimsoll's reasonable proposal met with powerful opposition and earned him the hatred of many shipowners.

Many of the most vocal members of parliament against reforms were these self-same shipowners and underwriters; men more intent on maximizing their profit than bowing to the expense of morally and ethical moderation.  From their point of view, shipping was a lucrative business couched in the notion of free trade. Their profits should not be bogged down under the weight of moral and ethical considerations.  

Fortunately, in 1876, after years of fighting, Plimsoll's calls for reforms succeeded and Britain's Parliament passed the Unseaworthy Ships Bill into law.  But while this Act required a series of 'lines' to be painted on the ship to show the maximum loading point it didn't specify where.  As a result, some unscrupulous shipowners chose to paint the load line in areas of the ship more convenient and continued this ruse, to disguise their overloaded vessels. 

It was not until 1890 that the country's Board of Trade officials finally applied the regulation that every ship must have a clearly visible Plimsoll line, a line on a ship's hull, in a very specific place, which indicates the maximum safe draught, and therefore the minimum freeboard for the vessel in various operating conditions when loaded with cargo.

I suppose one could draw a few parallels between this maritime story and today’s art merchant climate, where the art market's focus seems to discourage regulatory oversight in favor of self-regulation, ensuring the free movement of merchandise. Likewise, many collectors seem oblivious to, or disinterested in, the problem of illicit trafficking. 

Despite cultural Plimsoll lines, like local legislation and international conventions such as the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, disreputable commercial actors in the art market continue to conduct commerce outside calculated ethical lines. 

And like the sailors on ships, desperation sometimes drives the decisions of subsistence looters in source countries who facilitate the supply chain, and remain as actors to the commerce equation, despite whatever harsh penalties they might face. 

It’s hard to envisage a non-legislative solution that will protect commerce and protect culture at risk.  For now, the foxes in charge of the art market hen house are woefully incapable of self-regulating, and are resistant to the idea that there is even a problem worthy of being addressed. 

By:  Lynda Albertson

h/t to Dave Trott for his details on shipping regulations and statistics. 

On 29 January 2017 an organized crime group from Romania targeted and robbed over 200 rare books from a warehouse in Feltham, West London.  The collection consisted of 15th and 16th-century books and included works by well-known historical figures Galileo, Leonardo da Vinci, Isaac Newton, Dante Alighieri, and Nicolas Copernicus.  The most valuable of these was the 1566 copy of De Revolutionibus Orbium Coelestium by Nicolaus Copernicus but another lessor well known, and equally rare, texts, including a Muraqqa - album with Persian and Mughal miniatures were also taken in the heist. 

The books were owned by three collectors, two Italian and one based in Germany, and had been flown into the UK and stored in a climate-controlled warehouse while awaiting export to the United States for a scheduled book fair.  As the books were only intended to be at the warehouse for a short time period it is likely that the group involved in the theft had inside knowledge of the schedule of the books’ travel.  

When the theft was initially made public, many newspapers were more focused on the burglars' “mission-impossible" or "Ocean's Eleven-style" theatrics rather than on the cultural value of the rare books which were stolen, completely missing the value of Sir Isaac Newton’s 17th-century work “Mathematical Principles of Natural Philosophy” or fantastic etchings of the Spanish painter Francisco Goya.

To achieve their goal, the thieve's drilled through the building's skylight and rappelled down into the warehouse in order to avoid security measures.  Once inside they set about placing the rare books in large bags that could be hoisted back onto the roof, allowing the suspects to leave the way they came.  While it was expected that the books were either pre-sold to a collector or bound for the black market, nothing was seen of the books for nearly 3 years.   

The investigation of the theft was a multi-national collaboration involving the European Union Agency for Criminal Justice Cooperation and multiple law enforcement groups.   In a coordinated joint action day, in 2019 the Romanian, UK, and Italian authorities arrested 15 suspects, following 45 searches, in Romania and the UK, arresting a group of individuals believed to be responsible for a string of 12 highly-organised burglaries carried out across between December 2016 and April 2019.

Some of those taken into custody were linked to a number of prominent Romanian crime families who form part of the Clămparu crime group. This group has been known to be responsible for major heists, prostitution, and human trafficking offenses.   

According to released court records, forensic evidence and CCTV footage were both key to the investigation of the thefts and to the arrests of the co-conspirators.  Two days prior to the book theft CCTV footage captured images of three individuals involved in the heist:  Daniel David, Victor Opariuc, and Narcis Popescu, all three of whom are seen on footage arriving in the UK and driving to the warehouse in a blue Renault Megane. CCTV footage then shows David and Opariuc exit the van, leaving Popescu as a lookout while they cut through the warehouse's perimeter fencing.  

On the night of the theft itself, footage confirms that both Daniel David and Victor Opariuc returned, drilling through the skylight and entering the storage repository from above.  Once inside they are able to work undetected for five hours.  At 2:15 AM the pair exited back through the roof of the warehouse carrying large carryall bags, then loading up their cache into the Megane before driving away.  

To cover their tracks, the thieves quickly abandoned their get-away vehicle after wiping down the interior with cleaning products.  The stolen books were then transported to a house in Balham, rented temporarily to Narcis Popescu, where they remained for two days before being secreted out of the country.

Through examining cell phone records, the investigative teams were able to determine that the books were transported by a fourth accomplice, Marian Mamaliga to Romania, who left the UK through the Eurotunnel starting at Folkestone, Kent, and exited on the European mainland at Coquelles in Northern France. 

But even with that foresight to wipe down the car, forensic investigators were able to find a single hair on the drivers’ headrest which had escaped the burglar's clean-up.  This hair was later confirmed to be a match with Narcis Popescu.  DNA evidence inside the warehouse found on an escape ladder would also confirm the presence of Daniel David at the scene of the crime.   At other crime scenes, the members of the ring left drinks behind with traces of their DNA.

Perhaps the biggest break in the case though came from the evidence of a different theft conducted by the same group.  Some six months after the theft of the books, in July 2017, the group had moved on to target an electronics company, stealing some £150,000 worth of Lenovo laptops from another storage facility.   Similar to the book theft incident, the culprits of this later theft entered through the roof, this time using ladders both to scale and enter the building. This time transporting the hot merchandise proved their undoing.  Stopped by Romanian police Marian Mamalig could not provide proper proof of ownership for the laptops, and was arrested.   

Following resulting leads in 45 different locations in 3 separate countries, the books were recovered on Wednesday 16 September 16 2020 bringing the three-year joint investigation to an end.  Still wrapped in their original transport packaging, the rare books had been buried in a cement crawlspace under the floor tiles of a house in rural Romania in the historic region of Moldavia.  Once in law enforcement custody, the books were examined by conservators to assess for any moisture or mold damage and to carefully dehumidify the pages to prevent further damage. 

When speaking to the success of the investigation, Detective Inspector Andy Durham, from the Metropolitan Police's Specialist Crime South said: “These books are extremely valuable, but more importantly they are irreplaceable and are of great importance to international cultural heritage.”  Twelve of those involved in the thefts have pled guilty and received sentences  They are:  

• Marian Albu received 4 years imprisonment  
• Daniel David received 3 years 7 months imprisonment  
• Liviu Leahu received 3 years 8 month' imprisonment  
• Marian Mamaliga received 4 years and 1 month imprisonment.  
• Traian Mihulca received 4 years imprisonment  
• Victor Petrut Opariuc received 3 years 7 months imprisonment  
• Vasille Ionel Paragina received 3 years 8 months imprisonment  
• Paul Popeanu received 3 years 3 months imprisonment  
• Gavril Popinciuc received 5 years 8 months imprisonment  
• Narcis Popsecu received 4 years 2 months imprisonment  
• Ilie Ungureanu received 3 years 8 month' imprisonment  
• Christian Unrgureanu received 5 years and 1 month imprisonment   

A thirteenth is set to go to trial in March 2021. 

By: Lynette Turnblom and Lynda Albertson

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Image Credit: Associazione Gesù Nazareno - Caltanissetta

Article By: Lynette Turnblom

For the second time in under two months the Chiesa di Sant’Agata al Collegio in Caltanissetta, Sicily has been damaged by acts of vandalism and the theft of sacred objects.  On 22 September 2020, two suspicious suspects were seen walking at a fast pace away from the zone surrounding the church carrying an unusually shaped wrapped object.  Upon noting patrolling officers nearby, the pair picked up their pace, leading the city police to call for backup in order to stop them for questioning. 

Image Credit Radio CL1

The young men, later identified as Alessio Pio Raul and Giannone Salvatore, were located and stopped by the police ten minutes south of the seventeenth-century Jesuit church.  In their possession, law enforcement officers found a golden brooch, a church reliquary, a container for holy oil, and 161 euros in coins.  

Image Credit: Associazione Gesù Nazareno - Caltanissetta

Reviewing video surveillance cameras installed in the area, police were able to reconstruct the events related to the church burglary, which showed two suspects breaking in through the door of the church library, where the pair went on to ransacked an office and vending machines where they likely removed the large sum of coins they were carrying when stopped by police,  The duo then moved on to the church itself.

In addition to theft and vandalism of the music school and library, once inside the Baroque church the two thieves attacked various altar spaces, removing a chrismarium, (a ceremonial container for holy oil) and a church ciborium used to hold hosts for, and after, the Eucharist.  

Rushing to steal what they could carry, the thieves left communion host wafers scattered in their wake and heavily disrupted the church's sleeping Madonna, a memorial representation of Mary's uncorrupted body and soul representing the moment of transit from earthly life to the Assumption. 

It is from this peaceful representation of the mother of the church that the thieves filched the gold brooch, later recovered when the pair were stopped by police.  And as if that wasn't enough, the marauders had also gathered up all of the church's candlesticks, piling them in a corner, probably in order to return for them at some later time.  Thankfully, at least in this instance, following the suspects' apprehension, all of the stolen items have now been returned to the parish priest. 

Yet, as mentioned earlier, this act of theft and vandalism came less than a month after an earlier attack on the church.  The first occasion was reported on the 23rd of August.  Similar to the second theft, thieves again had entered the vulnerable church through its library vandalizing the parish and taking offering coins.  At the time of this first theft, Father Gaetano Caneletta said, “it is an offense to our faith and a serious wound to our artistic heritage.”

As shown by these two back-to-back attacks on Chiesa di Sant’Agata al Collegio in such a short time frame, churches are can be viewed as easy targets for thieves.  As Domenica Giani, the head of Vatican police has said, “Humanity’s spiritual thirst and desire to praise God have given life to works of inestimable value and to a religious patrimony that gives rise to greed and the interest of art traffickers.”

While the sacrality of churches may prevent some thieves from targeting them, the abundance of invaluable art housed within them may be too tempting a target for others.  The FBI and the Carabinieri TPC have each outlined several ways that churches can help to protect their artworks and sacred objects: 

1. Develop an inventory This proves crucial in identifying and locating and recovering items of historic, cultural, or artistic value. The house-of-worship staff should retain a comprehensive list of all valuable church property. Detailed written records of objects should include the medium, dimensions, material, proof or artist marks, and any other similar details and should be reviewed periodically to ensure all objects are present and accounted for as not all thefts are not discovered immediately. 
2. Establish and maintain a current and up to date photographic record: While maintaining written files of artifacts is essential, digital photography makes it easy for staff may store and, if necessary, print high-quality color photos of each item. These pictures can be extremely useful when reporting a loss to the police or notifying registries of objects stolen during a theft or burglary. Photographic records should include all sides of the object.  
3. Marking items: Initially, it may appear impossible to mark all church related items because of composition or intrinsic value; however, contemporary options to consider for high-value objects could be the use of a forensic asset marking agent, or radio-frequency identification (RFID) which uses electromagnetic fields to automatically identify and track tags attached to objects sounding an alarm when objects are moved. 
4. Insure property: Where financially feasible, office staff and clergy should review the church's casualty insurance coverage to ascertain that the property protection program includes a clause for all historic artifacts and lists particularly high-value items separately.

Maintaining a relationship with local law enforcement is also integral for church officials and can result in more rapid response time and a smoother investigation in cases of theft.  In the case of the attempted theft at Santa Maria Maddalena in Liguria in 2019 the police and the church were able to work together to replace a targeted painting by the 17th-century Flemish artist Pieter Brueghel the Younger with a copy when they received advanced intelligence of a potential theft.  Through their collaboration, the church was able to continue operating as normal without the risk of losing their €3.4 million masterpiece.  

In this recent case at Sant’Agata al Collegio, the alert police officers in Caltanissetta were able to respond quickly to the robbery and to retrieve the church's stolen objects.  Police are still investigating the involvement of possible co-conspirators including two other suspected accomplices, one male and one female, both also in their twenties. 

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Bibliography:

"Beloved By Time, Four Millennia of Ancient Art" Published by Fortuna Fine Arts (2000)

Given the United States Department of Justice announcement that the US Attorney in the Southern District of New York has issued an indictment against Erdal Dere and Faisal Khan charging them with defrauding antiquities buyers and brokers by using false provenances to offer and sell antiquities, we thought it might be worthwhile to review some of the earlier warning signs relating to this gallery and its principals, Salim Dere and his son Erdal Dere, as well as another member of the family. 

11 March 1993
One of the stolen frieze blocks of the Tiberius portico, depicting a garland of fruit leaves and flowers wrapping around a young male mask. is put up for sale at the Fortuna Fine Arts Gallery in New York and is identified by Aphrodisias Excavation President Professor Roland R. R. Smith, from NYU who reported his identification to the Turkish Ministry of Culture.

The Turkish authorities notify the US via a law firm representing Turkey in the US. The FBI launches an investigation.

14 April 1993
The relief head of the mythological hero Meleager, belonging to a heavy marble panel depicting a hunting scene, is stolen from the garden of the excavation house at Aphrodisias. The object's inventory number is noted as 80-134.

1994
The relief head of the mythological hero Meleager is published in the INTERPOL newsletter for stolen art.

September 1994
New York University professor Roland R Smith spotted the relief head of the mythological hero Meleager in the window of the Fortuna Fine Arts Gallery. Smith again, promptly notified the Turkish authorities that the Meleager head relief was in the US, they in turn notified the FBI via their US attorney (Herrick).

After 1993/94 Identifications
Responding to a Turkish government request, agents from the New York FBI Art Theft group confiscate the relief head of the mythological hero Meleager and the frieze block from the Tiberius portico, depicting a garland of fruit leaves and flowers wrapping around a young male mask on sale with Fortuna Fine Arts on Madison Avenue.

At the gallery, FBI Special Agents note a mosaic showing the centaur Nessos carrying off Heracles' wife Deianira. 

 

Mosaic depicting Deianira and the centaur Nessos

Later, while Turkish archaeologists are comparing a photograph taken at Fortuna Galley of this mosaic, they discover by coincidence with another photo of the piece which was found in Nizip, a town near Zeugma, among the color negatives of a local photographer. The current location of this mosaic is unknown.

13 August 1994
After proving that the Aphrodisias frieze block I belonged to Turkey, the artifact was restituted in a ceremony in the US.

14 August 1994

The Aphrodisias frieze block is flown back to Turkey to become part oft he collection at the Aydın Aphrodisias Museum.

24 January 1995
After proving that the head of the mythological hero Meleager belonged to Turkey, the Turkish Culture Minister Timurcin Savas took delivery of the artefact from the United States and it was returned to Turkey.

2001
In relation to a 2001 donation to the Cornell University's Department of Near Eastern Studies suspect Dealer Michel Van Rijn made angry claims on his website that the extensive donation of Babylonian cuneiform tablets from the 4th millennium BCE made by Jonathan Rosen were mainly sourced through Selim Dere and were imported into the United States under false customs documentation. While statements made by Van Rijn, may or may not be self-serving, this claim is worth exploring further to determine its veracity.

The source of the Garsana tablets would become the subject of a 2001 investigation by the Department of Homeland Security where it was noted that the tablets were subsequently appraised at a much higher value, a tactic often used, in making donations to museums in the US.

2002
Selim Dere donates:

• a Greek bronze coin, accession number 2002.228.3, to Harvard Art Museums' Arthur M. Sackler Museum.
• a Coin of Ephesos, accession number 2002.228.2, to Harvard Art Museums' Arthur M. Sackler Museum.
• a relief plaque depicting Nergal, god of the netherworld, circa 1800-1600 BCE, accession number 2002.228.3 to the Princeton University Art Museum.

2007
Erdal Dere and his wife make a small financial donation to the Corning Museum of Glass.

June 2009
The owner of Fortuna Fine Arts was stopped upon arrival at John F Kennedy International Airport following a flight originating in Munich, Germany where he had stated on his entry documentation that he had nothing to declare. Despite that affirmation, a physical examination of his person and luggage uncovered three artifacts: a red intaglio stone, a Byzantine gold pendant, and a terracotta pottery fragment.

All three objects were seized by U.S. Customs and Border Protection on the basis of 18 U.S.C. § 545 (1982) and 19 U.S.C. § 149 (authorizing penalties for failure to declare articles upon entry into the United States) and authorizing Customs agents to search and seize property imported contrary to U.S. laws).

March 2013
The intaglio and pottery fragment were examined by the Archaeological Director of the Special Superintendent, MiBACT in Rome, Italy, who determined that both objects were of Italian origin and had likely been illegally looted from an archaeological site somewhere in Italy.

30 June 2015
An Etruscan aryballos in the shape of a reclining hare is sold for £950 in London via Rome-based Bertolami Fine Arts through ACR Auctions, an online auction firm used by the Italian auction house.

29 June 2018
At the request of the Manhattan district attorney's office, the Hon. Ellen N. Biben, Administrative Judge of New York County Supreme Court, issued a seizure warrant for the Etruscan terracotta aryballos in the shape of a reclined rabbit now known to be at Fortuna Fine Arts Ltd.