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October 20, 2022

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Reconceiving Restitutions - A look at the work (and one worker) behind the sensational restitutions accomplished by the New York District Attorney's office in Manhattan

Assistant District Attorney Matthew Bogdonos and four of the ATU's analysts

Trigger Warning:  This is probably going to be the longest article ever written on ARCA's Art Crime blog.  

Stolen cultural objects should be returned to their owners.  

This concept seems straightforwardly simple, and certainly isn't novel.  The duty to prosecute criminals and return stolen property, obtained in violation of the law, goes far back in time.  In some cases, even farther back in history than the very artefacts we passionately advocate for the restitution of.

The concept of punishments for thieves was already written into law...in the 20th century BCE.  

The earliest artefacts known to us outlining a compilation of legal rules and punishments is written in Akkadian.   Unearthed in 1945 and 1947, at Tell Abū Harmal in the outskirts of Baghdad, the two parallel copies of the Eshnunna Law Code outline a historic structure to everyday legal matters and the nature and treatment of criminals, as well as the application of sanctions in the Old-Babylonian kingdom of Eshnunna.  These inscribed cuneiform tablets detail the type of punishments to be meted out for criminal offenses in the second millennium BCE.  

Get caught stealing in broad daylight?  The penalty for the offender was pecuniary (5 siqlu of silver) and one hopes at least a few scathing looks from members of the community.  But stealing something under the cloak of darkness or the selling of stolen goods was considered a serious crime (grand larceny) and this level of wrongdoing could cost the pilferer his, or her, life. 

Nowadays, in the United States and in most of Europe, individuals convicted of cultural property thievery receive only "daylight" sentences.  Regularly, they amount to probation, or probation with fines of varying sizes.

It's only been quite recently where we have seen a divergence of this rule, with New Yorker Michael Steinhardt's first-of-its-kind, lifetime ban on the further acquisition of antiquities.  More often than not, antiquities plunderers die of old age before an aggrieved society gets to see them face justice in the courts.  Still others deftly zig and zag past numerous discrepancies in national laws, or statutes of limitations, and avoid convictions altogether, as slippery as a sizzling pat of butter sliding in a cultural property legislation frying pan.  

Regularly, the criminal handlers that are formally charged for dealing in purloined antiquities, plead out, and never face a jury of their peers.  Instead, their courtroom presentations before judges follow closely on years-long discussions, between defence counsel and prosecutor, where both sides hammer out cooperation agreements whereby the indicted individual coughs up sufficient intelligence to convince the prosecutor to make a recommendation to the judge for a lighter sentence when the value of their cooperation is considered “substantial.” 

When folks like these appear before the court and enter their guilty pleas, their carefully worded, public-facing, contrite confessions are not an extemporary admission of wrongdoing.  And although written up in newspapers as seemingly so, these admissions (seldom) carry with them any genuine or profound sense of remorse toward the aggrieved societies their businesses robbed.  

Instead, their guilty plea confessions are well-scripted lines in a passion play, crafted by counsel and designed to relay to the judge that the indicted individual is admitting their guilt voluntarily.  In making their plea, the defendant has consulted with their attorney and acknowledges that they willingly give up important constitutional rights, including their right to a trial by jury, the right to testify or not testify, and the privilege against self-incrimination (meaning the right to not reveal information about criminal acts that they may have committed).

In “accepting responsibility” for their actions these formerly upstanding members of the art market, are banking on leniency, based on earlier assistance agreements, while acknowledging that they are prepared to accept the recommendation of the prosecutor (or in Federal cases the judge) as to the sentence or other disposition of the case.

The formulaic style of ARCA's restitution articles (which hold true for the majority of newspapers as well).

Usually, when stolen or plundered cultural property returns home, ARCA writes an article on said restitution in what can be seen as a fairly predictable format.  One that repeats itself, more or less, regardless of where the object was stolen from, when or where it was recovered, and detailing its send-off back to whence it came. 

In drafting our articles, we comfort ourselves that justice in the form of restitution, has, at least in some way, been served.  Then we move on to creating a headline that specifies exactly what is going home and to whom.  

We generally open our story with a photo of the object, or objects, and as best we can, move quickly on to giving credit to the prosecutor or prosecutors, law-enforcement agents, governmental officials, non-governmental organisations, legal experts, academic professionals, and citizen activists whose efforts were involved, naming those directly involved by name when we can and by the agency when for investigative reasons we can't.  

We also take some time to thank the ministry workers, politicians, and law enforcement agencies who represent the receiving source country, as well as their own stakeholder institutions.  These are the people who work on the other side of the seizure equation, and their involvement is often just as critical. 

After thanking the "good guys" and adding a few photos of the pomp and circumstance which inevitably accompanies a handover ceremony, we move on to the artwork's storytelling, being sure not to interfere with any additional ongoing investigations, but hopefully illustrating why it's important for these historical objects to go home. 

We then spend some time connecting the places the object originated from, when the artefact was likely uprooted from its find-spot, and as best we can, illustrating whose hands we have confirmed that the artefact has passed through.  This story-weaving serves twofold. It helps, we hope, bring the artefact, and the people who made it, to life, and to perhaps illustrate the circuitous routes these pieces take as they are laundered over and over again to make them appear reasonably legitimate to buyers.  In crafting this part of our article, we try where we can, to emphasise the loss to  aggrieved societies, and to illustrate that in some cases these are not simply beautiful sculptures, but also sacred idols to some religious groups or grave goods from someone's grandfather's grandfather's grandfather's grandfather whose burial place shouldn't be plundered.

Lastly, we usually close our articles with a bit of scolding, a reminder if you will, to collectors and dealers about the necessity of conducting and not overlooking due diligence.  We hope that in doing so, we as writers apply subtle pressure on art market actors to try and do better.  We also hope that our articles leave a connect-the-dots trail of negative publicity breadcrumbs of who knowingly did what and during what time period, so that lessor-informed buyers and researchers might find these missives when googling some of the art market's problem children. 

But on to the real point of this blog post...it takes a village, no really.

While restitution articles regularly lament the loss of moveable culture to the source country or society, and spend time focusing on the artefact's cultural significance, we don't often drill down into giving anything beyond cursory credit to the people who make recovery their life's work.  If names get mentioned, it's because they are the ones handed out to journalists via formal press releases, and listed as the important actors and agencies involved.  And it is this very naming, which does not necessarily weigh who did what or over how many hours, named or unnamed, that hardly ever gets expressed in the cultural diplomacy restitution equation. 

Some of the people who work on antiquities trafficking evidence are underpaid, relative their talents, and some are not paid at all.  Both work to sift through the "noise" of available data to find sufficient evidence which meets the threshold of the legal framework of the country where the suspect artwork or antiquity has been identified.  Many of these dedicated folks are truly not in it for the glory of having their names up in lights, but because they have a deep and abiding belief that these artefacts can, and should, go home.

To emphasise this, I have chosen to focus the rest of this article on just one of these team players, whose job it is to sift through both the chaff and the grain of all the available information surrounding a suspect object.  One of the people who assists in determining what constitutes direct or circumstantial evidence in proving a crime. 

In doing so I want to emphasise that what these individuals accomplish is every bit as important, and in some cases more so, that just visualising a match between a looter photo and a matching object in circulation on the art market or in a museum or private collection.  Identifications are absolutely critical and necessary, but they are just one single part of each investigation. And while such IDs are persuasive evidence, one would be remiss to think that the identification alone is sufficient when building a case for seizure and, one hopes, eventual restitution. 

So, let's talk about just one of those people who deserves our thanks.

Apsara Iyer, Yale class of '16 onsite at Machu Picchu

I met Apsara Iyer, for the first time in September 2012, at University College London's Archaeology and Economic Development conference. Back then, long before she joined the Manhattan DA's Antiquities Trafficking Unit, she was a surprisingly enthusiastic and well-informed freshman at Yale University working on her Bachelors, and already thinking more expansively about the right to culture than most undergrads her age. 

As one of the conference's early career panelists, I was taken in by her enthusiasm for preservation, as well as her sincerity.  I listened with interest, as she knowledgeably spoke of spending time the previous summer in the Andes Mountains, above the Urubamba River valley and the impact of archaeological tourism on the indigenous Machiguenga communities in Peru.

Over a coffee during a break in the conference, we talked about folklore and the ancient traditions Señor de Tetecaca, Ullantaytampu and Machu Pikchu in the Valle Sagrado de los Incas and I laughed when I learned that she had successfully managed, at just 17 years of age, to get interviews from people in one of the most biodiverse places in the world.  Interviews which ultimately would shape the backbone of her presentation. 

Admiring her chutzpah, I'd later learn that her interest in historic preservation extended even farther back.  In high school Apsara had helped bury two time capsules on the grounds R.S. Peabody Museum of Archaeology, stuffing them with snippets from life in 2010, some whimsical and some bitter.  Two selected "artefacts" that struck me particularly were the BP gift card which served as a bitter reminder of the devastation caused by the Deepwater Horizon spill.  Equally poignant, were the two opposing news editorials on New York City's proposed Cordoba House, back then referred to by Islamophobes as the “Ground Zero Mosque.”

By her sophomore year at Yale, Ms. Iyer had already been bitten by the art market research bug, and I had to smile when she dropped me an email telling me that she was exploring the local valuations of heritage in Cusco, Peru, and Udaipur, India in comparison to auction data and that she planned to spend the following summer doing independent research on antiquities trafficking.  Although we didn't stay in close touch, I wasn't surprised to learn that after her MPhil, she had joined Assistant District Attorney Matthew Bogdano's team as an Antiquities Trafficking Unit analyst. 

And as glorious as that sounds, more often than not it isn't.  

Forensic analysts at the Manhattan ATU work long hours and they have to be adept fact and hypothesis sifters.  For every single artefact brought to the attention of their office as suspect, it's folks on the team like Ms. Ayer that ensure that an object's case file has sufficiently concretised evidence which can allow for its seizure under New York law.  And the amount of time it takes to make that happen should not be underestimated.   Sometimes though, when analysts dig deep enough, their labours pull together an enormous quantity of disparate threads and intel, helping the Manhattan office to identify other tainted pieces, and that's how complex, multinational, networks are eventually dismantled and that's why the DA's office is good at what they do.

Why do DANY press releases lead with numbers and price tags? 


Because investigations like these cost money, full stop.  It's important for prosecutorial offices, ministries, and law enforcement agencies to substantiate the fruits of their labour in terms of the number of objects returned, relative their value and demonstrating impact to communities.  Those higher up in the accounting of who-spends-how-much-and-doing-what food chain want stats which can justify the person-hours allocated in pursuit of these investigations. Press announcements have neither the space for, or an interest in drilling down into how many hours, or how many hands, took part in the process to achieve said results.

With pressing deadlines to be the first to report on a seizure or a restitution, heritage journalists also neglect that effort, and hours consumed by researchers, both inside and outside of law enforcement agencies.  Instead, we favour the stories of the objects themselves and the people they belong to, in our efforts to demonstrate that heritage crime is not as "victimless" as some would like one to assume.  At best, and somewhat haphazardly, we make room in our articles for a cursory outline of the steadfast researchers who combed through evidence in order to help combat this type of criminal enterprise. 

So, given that this week Manhattan District Attorney Alvin L. Bragg, Jr., has announced the return of 307 (more) antiquities valued at nearly $4 million to the people of India I'd like to do a little speculative math.  Bearing in mind that my calculations here are just my own working hypothesis, based upon the minimum amount of time I would estimate an antiquities analyst at the ATU may have put in when working on a single suspect object. 

Let's assume, conservatively, Apsara Iyer, or any of the another of the New York District Attorney's Office's ATU analysts has worked the following hours on one of the objects listed in Alvin Bragg's recent press release on their office's restitutions to India. 

1 day to coordinate identifications and communications with external experts;
2 days to track down and fact check all known provenance relating to when this piece appeared for the first time in circulation;
1/2 day to analyse the visual and or digital content/meta data of looter photos; 
1/2 day to analyse written correspondence between the handlers related to this object;
4 days to sift through all the direct and circumstantial evidence on this piece and organise a case file;
2 days to confer with lead counsel to work out strategies and to answer any additional unanswered questions;
1 day to write up and document all credible evidence, applicable under New York law, which can be used to request seizure or towards bringing criminal charges.

Total = 10 days x 8 hours per day or 80 hours per object. 
80 hours per object x 307 objects = 24,560 work hours 

Effort estimations like this can never satisfactorily be conveyed in a one page press release celebrating the return of stolen property.  Though they can, and should be thought about, discussed, conveyed and appreciated when digesting these grand success stories.   As it is this proven time and effort expenditure, which is every bit as critical to these restitutions as having the legal instruments in place which are favourable in a specific jurisdiction. 

So, while the formulaic nature of art restitution articles will hardly ever drill down to any level of who contributed what and over how many hours, this unspoken reality is still worth everyone being cognisant of.  Obviously, we still need evidentiary photos which demonstrate an artefact it its plundered state, but we also need dedication and analyses if these pieces are to become the success stories we all want them to be.  

I hope in the future, in reading ARCA's blog posts on who owns the past, instead of only focusing on the criminal actors, the opportunists, the bona fide owners and the higher ups that head the restitution teams, we also spend a bit more time acknowledging the work of the rank and file.  Sure, they sometimes get their picture taken at that all important restitution ceremony, but it's important for us to remember that they often have a more personal relationship with the artefact that is going home than most of the folks shaking congratulatory hands and smiling. 

To close, I'd like you to look at just some of the objects Apsara Iyer has worked on during her time with the Manhattan District Attorney's Office, not in terms of their quantity, but individually as each has its own story to tell.  Perhaps, as you pause over each photo thinking about the quantity of plunder these countries have been subjected to, you will also reconceive restitutions, recognising the roles and contributions of everyone who plays a part in the massive effort to analyse, investigate and combat this type of cultural property crime.  

























































































































































































































































 By:  Lynda Albertson

September 12, 2022

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Orpheus, the poet, and his two sirens are going home

Back in August, ARCA wrote about a 11 August 2022 announcement made by the J. Paul Getty Museum where the museum publically stated its intention to relinquish its nearly-lifesize Apulian sculptural group "Seated Musician and Sirens" to the Italian authorities "after evidence persuaded the museum that the statues had been illegally excavated."  

In elaborating on the three sculptures' return, directors Timothy Potts, Maria Hummer-Tuttle and Robert Tuttle of the J. Paul Getty stated "Thanks to information provided by Matthew Bogdanos and the Antiquities Trafficking Unit of the Manhattan District Attorney’s Office indicating the illegal excavation of Orpheus and the Sirens, we determined that these objects should be returned." 

Their announcement strategically omitted that the New York Attorney's office had already seized the terracotta sculptures back in the Spring, in April 2022, as part of the Manhattan office's investigation into an accused Italian antiquities smuggler, Gianfranco Becchina. 

Friday, September 9, 2022, Manhattan District Attorney Alvin L. Bragg, Jr.,  announced the return of these three artworks formal handover to the people of Italy. They were given over in a formal ceremony held at the J. Paul Getty Museum lead by Assistant District Attorney Matthew Bogdanos and Special Agent Robert Mancene from Homeland Security Investigations and attended on the Italian side by General Roberto Riccardi, Commander of the Carabinieri’s Command for the Protection of Cultural Heritage (TPC), Warrant Officer Angelo Ragusa, and Silvia Chiave, Los Angeles-based Consul General for the Republic of Italy.

Originally brightly painted, this large-scale sculptural ensemble was purchased by John Paul Getty Sr.,  the founder of Getty Oil Company, in the spring of 1976 days after they were stolen from a plundered chamber tomb near Taranto, Italy.  Broken into hundreds of dirt-encrusted clay fragments and ultimately reconsolidated, American-born, British petroleum industrialist purchased the 3-statue group, sculpted in Tarentum at the end of the 4th century BCE for $550,000 from Bank Leu, A.G with no known provenance aside from the Swiss bank seller.

The investigation by the Manhattan District Attorney’s Office, working in collaboration with the Carabinieri Command for the Protection of Cultural Heritage, confirmed that the three terracotta artworks at the  Pacific Palisades' museum were sourced by local grave robbers working for Raffaele Monticelli, an intermediary trafficker who today is believed to be one of the biggest fences of archaeological finds coming from Italy, and perhaps one of the top three in Europe.

Raffaele Monticelli, sometimes referred to as the “professor from Taranto” is a former elementary school teacher now in his eighties.  He once controlled and financed clandestine excavations which systematically looted large swaths of southern Italy, particularly in Puglia, Calabria and Campania.  Listed on the now famous trafficking organigram, in which two cordata lead to Robert Hecht but by different routes, Monticelli was an active member of Gianfranco Becchina’s cordata.  Numerous transactions between the pair have been well-documented in the Becchina archive.

According to the findings of the DANY investigation and its international law enforcement partner, the broken sculptures were illegally exported out of the Italian territory in contravention of Italian laws and into Switzerland.  Once there, Becchina and Monticelli paid for the nearly-lifesize terracotta sculptural group of a Poet and Sirens to be restored.  Afterward, the sale of the sculptures was arranged through Leo Mildenberg, a Swiss numismatist, antiquities collector, and identified handler of illicit antiquities, via the Swiss private Bank Leu A.G. 

According to the Manhattan District Attorney's Office's Michael Steinhardt statement of facts, we can concretise, on page 36, that Raffaele Monticelli had known  relationships with Leo Mildenberg as well as the Sicilian dealer Gianfranco Becchina. 

As mentioned in an earlier article, John Paul Getty Sr., wrote in his dairy that these three sculptures were purchased on the recommendation of Jiří Frel, the J. Paul Getty's first Curator of Antiquities, showing how sometimes museum insiders have skin in the game.  Frel, as most Italian trafficking experts know, was later implicated in a number of controversies that ultimately destroyed his career and tarnished the California museum's reputation.  He was ultimately placed on paid leave from the Getty in 1984, before being allowed to quietly resign two years later. 

After leaving the Getty, Frel shuttled between residences in Budapest and Italy and at one point even registered himself as being domiciled at the home of Gianfranco Becchina in Castelvetrano, underscoring the closeness of the curator's relationship with the suspect dealer.

In making his announcement of this This successful multi-jurisdictional investigation on Friday, Manhattan District Attorney Alvin L. Bragg, Jr., named those attorneys, officers and agencies who made this seizure and utimately this restitution possible. Those were, in order:  Assistant District Attorney Matthew Bogdanos, Chief of the Antiquities Trafficking Unit; Assistant District Attorney Yuval Simchi-Levi; Supervising Investigative Analyst Apsara Iyer and Investigative Analysts Giuditta Giardini and Daniel Healey; and Special Agent Robert Mancene of Homeland Security Investigations. Investigative support was provided by TPC Warrant Officer Angelo Ragusa.

When Orpheus, the poet, and his two sirens eventually fly, they will initially go on display in the Museo dell'Arte Salvata (Museum of Rescued Art), housed in the Octagonal Hall at the Baths of Diocletian in Rome. 

September 7, 2022

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5+1+9+1= 16 plundered Egyptian artefacts restituted to their rightful owners in New York


Six of these pieces were seized while on display at the Metropolitan Museum of Art.  And like the restitutions returned to Italy yesterday, these pieces have likewise been linked to extensive criminal investigations into international antiquities-trafficking networks which have impacted multiple museum collections. Though in this case, the Egyptian artefats were handled by contemporary traffickers and looters, those whose networks have resulted in high level arrests in both France and Germany.  

Five of these antiquities, worth more than $3 million in total, were confiscated from the Metropolitan under a May 19 court order as having been looted from archaeological sites in Egypt, then eventually smuggled through Germany or the Netherlands before moving on to France.  These were sold by traffickers through the Paris-based Pierre Bergé & Associés to the Metropolitan Museum in New York.  

It should be noted that information gathered in this investigation has also resulted in the arrest of nine individuals in France including most strikingly, Jean-Luc Martinez, the former Chairman and CEO of the Musée du Louvre in Paris. 

The six artefacts from the Met's collection that were seized and are now going home are:

1 of 6 - A Monumental Stela of Kemes, ca. 1750–1720 BCE


Before the Met took down its accession page for this artefact, the provenance listed for this stela as listed in 2019 stated the following:

Purchased February 1969 by Uwe Schnell, Germany, from Heinz Herzer Gallery in Munich. Purchased in the 1970s by a private collector (probably Serop Simonian, Hamburg, Germany). Published fully in 1994, exhibited in Bonn University Art Museum 2006 through at least 2008 and published in the catalog. Acquired by the Museum at auction Pierre Bergé, 2014.

A check of open source records using the names Ewe Schnell, Heinz Herzer and Pierre Bergé & Associés combined only turns up one other antiquity, a Fayum panel painting of a woman in a blue mantle, which was also acquired by the Metropolitan Museum and one we will speak about later in this article.

Heinz Herzer, as many followers of ARCA's blog know, has his own interesting history in dealing with ancient objects with fabricated provenance.

Serop Simonian is an art dealer of Armenian origin at the fulcrum of the Met's gold-sheathed mummiform coffin of Nedjemankh restitution case as well as other pieces already seized and returned by the DANY or identified in other jurisdictions. His name comes up repeatedly in relation to suspect artefacts identified during police, and public prosecutor investigations, as well as academic forensic research.  Simonian has also been tied to numerous suspect acquisitions approved for purchase at the Louvre Abu Dhabi and is quite famous for having stirred up quite a bit of controversy in Italy regarding the sale of the disputed Artemidorus papyrus in 2004 for €2.75 million to the Compagnia San Paolo Art Foundation.  

But back to the Stela of Kemes.  On April 25, 2016, the Metropolitan's accession page for this Egyptian artefact stated the provenance quite differently.  Listing its collecting history as:

Believed to have been in the Todrous Collection, Luxor. Purchased February 1969 by Uwe Schnell, Germany, from Heinz Herzer Gallery in Munich. Purchased in the 1970s by the owner of the Tamerit Collection, Germany. Acquired by the Museum at auction Pierre Bergé, 2014.

This earlier collection history mentions a "Todrous Collection" of which there is nothing documented in open source records anywhere on the web for any other ancient objects.  A late antique textile fragment of a tunic with the inventory number T 34, from "the Tamerit collection" is on record at the at the Papyrussammlung der Österreichischen Nationalbibliothek at the Austrian National Library, though not much else.

Note that this Met record spells the collection's name Todrous, while the recently restituted golden coffin spelled the name Tawadrus, and trade journals have spelled the name Tawadros.  Later in this article you will also see the name spelled Tadross. All refer to the deceased Luxor dealer Habib Tawadros.

Christophe Kunicki's own website listed the provenance for this stela as:

Ancient european private collection, 1969.
With Tadross, Luxor, 1960’s

But stepping back even farther, outside of the Met Museum's and the seller's respective websites, the Monumental Stela of Kemes was published in the 2014 Volume 25 Number 5 issue of the journal Minerva: The International Review of Ancient Art & Archaeology.

This trade magazine listed the provenance for the stela as:

A rare Egyptian limestone chapel-stele of Kemes, superior of musicians (3), from the 13th Dynasty, circa 1770 BC (H. 73cm), in the form of a quadrangular naos resting upon a base carved with façades, was purchased from the Luxor dealer Tawadros during the 1960s. The cover-piece of the sale, it was estimated at €300,000-€400,000, but brought in a hammer price of just €200,00 from the Metropolitan Museum of Art. The expert for both sales was Christophe Kunicki.

Screen Shot: Volume 25 Number 5, Page 53
Minerva: The International Review of Ancient Art & Archaeology

It is important to recognise that the involvement of the French dealer Christophe Kunicki via Pierre Bergé & Associés does not appear in any of the Metropolitan Museum's provenance records for the 13th Dynasty Egyptian limestone chapel-stele of Kemes, despite what this trade journal says and despite the Met's curators in the Egypt department having direct and frequent contact with him as he brokered pieces to the museum directly.

Purchased on 21 May 2014, the Met's record also left out the "Luxor dealer Tawadros" connection on this object.  That name, if you will recall, is also the name associated on the  now restituted 1st century B.C.E mummiform coffin, inscribed in the name of Nedjemankh.
_________


Painted Fayum panel portraits of Egypt are among the few preserved examples of ancient Greek-style paintings on panel and canvas.  Prior to its seizure, this one was on view at The Met's Gallery 137.  The woman in the blue mantle was purchased in 2013 via Pierre Bergé auction house in Paris, with Christophe Kunicki, working as expert. 

When the Metropolitan's accession page was still live, the museum first listed its provenance as:

Purchased 1968 by Uwe Schnell from Heinz Herzer Gallery, Munich. Purchased 1972 by the owner of the Tamerit Collection. Purchased by the Museum from Pierre Bergé & Associés, Paris, 2013.

This was later changed to:

Purchased 1968 by Uwe Schnell from Heinz Herzer Gallery, Munich. Purchased 1972 by Serop Simonian, Hamburg Germany, who owned it until 2013. Published 1997 and 2003, exhibited in Frankfurt in 1999 and Vienna in 2003 and published in exhibition catalogs. Consigned to Pierre Bergé & Associés by a private collector; purchased by the Museum from Pierre Bergé at auction, Paris, 2013.

In trade catalogues for this artefact Kunicki listed only “a European collection“ as the Fayum portrait's sole provenance. 

3 of 6 - Stela Dedicated to the Goddess Hathor by the Temple Singer in the Interior of Amun



Prior to its seizure, this Third Intermediate Period (Kushite) to Late Period stela was on view at The Met's Gallery 137.  This Egyptian artefact was purchased in December 2015 (accessioned in 2016) via Pierre Bergé auction house in Paris, with Christophe Kunicki, working as expert. 

Just before the Met took down this object's accession page, the museum listed the stela's provenance as:

In the Khashaba Collection, Assyut, by 1910. Permission granted to heirs to export through the Egyptian Museum Cairo for sale abroad by 1969. Exported abroad with license in 1972. Purchased by Adolf Smith (Schmidt), Germany, 1975, and descended in the family. Collection of Serop Simonian, Hamburg, Germany, 2015. Consigned to Pierre Berge & Associates by a private collector; auctioned at Pierre Bergé, Paris, December 2015, where it was purchased by the Museum. 

The 2015 Pierre Berge catalogue listed the provenance as:

Ancienne collection Sayed Pasha Khashaba, années 1910. Ancienne collection Smith, Allemagne, 1975.
Collection européenne.

Between 1910 and 1914, Sayed Bey Khashaba, AKA Sayed Pasha Khashaba, AKA Saiyid Khashaba Pasha, with other various subtle misspellings obtained from the Antiquities Service concessions to excavate at Assiut, Meir, Deir el-Gabrawi, Tihna and at Soknopaiou Nesos, in the Fayum.  I will leave whether or not this steal came from any of these places to the Egyptologists. 

4 of 6 - A face from a painted wooden Egyptian coffin


Before being sundered in two, this Egyptian face once belonged to an anthropoid wood coffin decorated with plaster and then delicately painted in polychromy.  

This artefact was purchased by the Metropolitan during the same December 2015 sale as the previous stela, (accessioned in 2016) via Pierre Bergé auction house in Paris, with Christophe Kunicki, working as expert. 

Just before the Met took down this object's accession page, the museum listed the stela's provenance as:

Collection of Robert Boyd, originally from Scotland and living in Indonesia, from about 1890, possibly acquired through Eugene Dubois. Brought to the Netherlands by Boyd's descendants about 1950. Sold in 1968 by Galerie - 2000 annex Curiosa, Rotterdam, to Mr. Jan Veneman, Oegstgeest, the Netherlands. Subsequently sold again on the art market in The Netherlands. Placed by a Dutch dealer at auction, Pierre Bergé & Associés, Paris, December 16, 2015, where it was purchased by the Museum.

5 of 6 - Exodus Painting, five elements from a painted hanging depicting the Crossing of the Red Sea


The first appearance of the Exodus Painting in five fragments, depicting the Crossing of the Red Sea, occured in a 1998 publication, Alexandria: Die erste Königsstadt der hellenistischen Welt : Bilder aus der Nilmetropole von Alexander dem Grossen bis Kleopatra VII, written by Günter Grimm.   Grimm, who died 17 September 2010, is the same egyptologist who had a working relationship with Serop Simonian regarding the authentication of the suspect “Artemidorus” and other papyri while at the Archaeologisches Institut at the  Universität Trier.

Head of the University Institute in the mid-1980s, Grimm opened a small Late Period gallery in the Institute with objects from Serop Simonian’s stock.

On 26 November 2013 these five fragments came up for auction at Hôtel Drouot via Pierre Bergé & Associés with Christophe Kunicki listed as expert. At that Paris sale, Simonian's footprint was omitted and the only provenance given was: 

6 of 6 - An 8th century BCE Egyptian bronze statuette of a Kneeling Ruler or Priest


This sixth Egyptian artefact was seized at the Metropolitan Museum of Art earlier this year when linked to 81-year-old fugitive Georges Lotfi who split his time between New York,  Paris and Tripli, Lebanon. Lotfi was charged by the New York authorities in August 2022 with criminal possession of stolen property and remains at large.   

Before its seizure in February 2022, 2006, Lotfi sold the small bronze statue to the Metropolitan with a provenance history which read:

Ex Collection Joseph Shitrit, Israel, from the 1960s. Purchased from him by Biblical Antiquities, Jerusalem, Israel, 2005. Purchased by the Museum from Georges Lotfi, Tripoli and Paris, 2006.

In actuality the Egyptian antiquity had passed first through the hands of a source country looter in 2005, then on to a part-time looter/part-time dealer in Israel named Gil Chaya, a formerly licensed antiquities dealer from Jerusalem and the purported nephew of Shlomo Moussaieff. 


In 2011, as if to brag that pieces he handled had made it into a prestigious gallery at the Metropolitan Museum of Art, Chaya published a series of photos showing the bronze in his home, both before and after its restoration, posting a comment with the photo which read, "2 days after i clean it it was already in the amarna room at the MET."  This solidifies without a doubt that the provenance for this piece,as having come from the collection of Joseph Shitrit in the 1960s, is pure fabrication. 

Nine of the other Egyptian artefacts restituted in New York today are detailed in the Michael Steinhardt (Statement of Facts) document and are as follows:

1 of 9 - Vase from the Pan-Athenian Games


2 of 9 - Tel El-Yahudiyeh Beer Strainer

 

3 of 9 - Statue of a Winged Human;


4 of 9 - A carved piece of ivory depicting 12 highly-engaged figures on musical instruments


5,6,7,8,& 9 of 9 - A set of five gold and silver ornaments and plaques;


In 2017 the New York District Attorney initiated a criminal investigation into Michael Steinhardt’s acquisition, possession, and sale of antiquities.  That office's "Statement of Facts" document is the evidentiary basis for the conclusion that 180 antiquities possessed by Steinhardt constituted stolen property under New York law. 

The final object in today's restitution is a Ptolemaic gold coin.


This ancient coin was recovered as part of an ongoing investigation, which for now remains under the discretion of the prosecutor's office. 

In closing I would like to say that due diligence of looted antiquities, especially those that could be from conflict-based, or post-conflict source countries, must be meaningful and not simply and superficially plausible, in the furtherance of a purchase.  This holds true for lofty universal museums, as well as private buyers.  

Partially-documented histories in an object's collection background, do not necessarily always point to fresh loot or illegal export, but when an antiquity's background looks murky, as was obviously the case with several of these artefacts, museums and wealthy collectors need to step up their game, so they no longer perpetuate and incentivise plunder.  

Likewise, museums like the Metropolitan should not remove their accession pages, no matter how embarrassing they find them.  They should leave them up with notations that these pieces have gone home and who handled them. In doing so, they allow researchers and collectors to be more aware of the problem actors circulating material from past sales.  This also saves folks like me from having to store things away that only a few people can access. 

To conclude, ARCA would like to thank DA Bragg, Assistant District Attorney Matthew Bogdanos, Chief of the Antiquities Trafficking Unit; Assistant District Attorneys James Edwards-Lebair and Taylor Holland, Supervising Investigative Analyst Apsara Iyer, Investigative Analysts Giuditta Giardini, Alyssa Thiel, Daniel Healey, and Hilary Chassé; who alongside Special Agents John Paul Labbat and Robert Mancene of Homeland Security Investigations for the work put into these investigations.  

We would also like to thank Stephane Blumel, Major de Gendarmerie, of France’s Office central de lutte contre le trafic des biens culturels (OCBC) and Silvelie Karfeld and Nicole Pogantke of the Arts and Antiquities Crimes Unit of Germany’s Bundeskriminalamt (BKA) Kunst und Kulturgutkriminalität for their forensic investigative support in other jurisdictions.  Working collaboratively, we now know more about when, and where, and with whom, some of these recovered artefacts have circulated. 

By Lynda Albertson

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