Blog Subscription via Follow.it

May 5, 2024

Celebrating our 13th year of academic conferences addressing art and antiquities crimes, ARCA will host its summer interdisciplinary art crime conference the weekend of June 21-23, 2024.


Conference Date:
  
June 21-23, 2024
Location: Amelia, Italy

Celebrating our 13th year of academic conferences addressing art and antiquities crimes, ARCA will host its summer interdisciplinary art crime conference the weekend of June 21-23, 2024.

Known as the Amelia Conference, the Association's weekend-long event aims to facilitate a critical appraisal of art crimes and the protection of art and cultural heritage and brings together researchers and academics, police, and individuals from many of the allied professions that interact with the art market, coming together to discuss issues of common concern. 

This conference is an annual ARCA event, held in the historic city of Amelia, in the heart of Italy's Umbria region where ARCA also plays host to its Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection.

The conference includes a weekend full of multidisciplinary panel sessions, and plenty of time to meet others who are working towards the protection and recovery of cultural heritage.

Confirmed Presentations (additional names will be added as speakers confirm)


The Victimization of Art
Catherine P. Foster
Partner, Argus Cultural Property Consultants, Washington DC
Timothy Carpenter
Managing Director, Argus Cultural Property Consultants, Washington DC

Where’s the Loot
Colonel Andrew Scott Dejesse
US Army CENTCOM CCJ5, Program Director, Strategic Initiatives Group, Amarillo
Marc Masurovsky, M.A.
Co-founder Holocaust Art Restitution Project, Washington DC

The European Union's CULTNET
Christine Casteels
Project Manager EU CULTNET
Member Driver team EMPACT CSE
Federal Judicial Police DJSOC - Belgium

Revealing Entangled Art Markets and Problematic Art Provenance through the Stendahl Art Galleries Records
Kylie King, M.A.
Pre-Hispanic Art Provenance Initiative, Getty Research Institute, Los Angeles

Repatriation in Two Acts: Identifying & Recovering Stolen Pages of 16th Century American Theatrical History
K.T. Newton, J.D.
Assistant United States Attorney for the Eastern District of Pennsylvania, Philadephia

Exploring Art Crime in Canada: Uncovering the Norval Morrisseau Forgery Ring
Lauren Elyse Gowler, LL.M. Candidate
Queen Mary University of London; The Institute of Art & Law, London

The Other Genocide of the Twentieth Century: Unique Challenges Facing Armenian Art Restitution
Madison A. King, MLitt, J.D., Litigation Attorney
Kolar and Associates, A Law Corporation, Los Angeles

Fighting Illicit Trafficking in Cultural Goods: RITHMS SNA-based Platform as an Innovative Tool to Dismantle Criminal Networks
Michela De Bernardin, Ph.D., Post-doc
Istituto Italiano di Tecnologia, Venice

Interactions between Switzerland and EU’s Cultural Heritage Regulation against Illicit Trafficking in a Borderless Area. Latest Developments and Remaining Vulnerabilities
Katharina Nothnagel-Vivas, Ph.D. Candidate
King Juan Carlos University, Madrid

Strengthening international cooperation in the fight against illicit trafficking. How have things changed in the last decade in terms of international cooperation?"
Charlotte Chambers-Farah, LL.M.
Art Loss Register, London

Making Sense of Fair Use in a Post-Warhol World
Judith B. Prowda, Esq.
Partner, Stropheus Art Law, New York

Offende Principle and Aesthetic Judgment in (Street) Writing
Maria Di Maggio, Ph.D. Candidate in Criminal Law - Dipartimento Jonico in Sistemi Giuridici ed Economici del Mediterraneo - Università degli Studi di Bari “Aldo Moro”, Bari

New Frontiers in Art Crime Encroaching on Old Borders: Protecting Artistic Innovation in the Digital Age
Cinnamon Stephens, J.D.
Owner, Kunst Mitos Consulting, Amsterdam
Fred Van de Walle, M.A.
Marine archaeological conservator, Switzerland

Ritratto di Gentiluomo con berretto nero: A Case Study on The Intersection of the Art Market and Cultural Heritage Protection
Serena Sancataldo, Ph.D. Candidate
Team member of the UNESCO Chair on Business Integrity and Crime Prevention in Art and Antiquities Market, University of Campania Luigi Vanvitelli, Criminal Law Department, Caserta

Explaining Money Laundering in the Art Market to a Jury: My Turn to Be on the Witness Stand
Jane Levine, J.D.
Partner and Co-founder Art Risk Group, New York

Smuggling across the ocean: Loschi’s Christ bearing the Cross in the Gardner Museum
Francesca Romana Gregori, Ph.D. Candidate
Università degli Studi di Milano Statale


Registration:
To register for this event, please go to our Eventbrite page located here.



Conference Networking Events

Saturday and Sunday's conference sessions include complimentary morning and afternoon coffee breaks, with coffee, juices and light pastries or afternoon hors d'oeuvres to allow time for networking. 

Friday, June 21st - Casablanca themed Icebreaker Cocktail "Cena" at the Country House Monastero le Grazie  
NB: To attend this event, please select the correct registration payment option during your conference registration.

ARCA will open its conference weekend with this relaxing icebreaker cocktail at the Country House Monastero le Grazie, an enchanting centuries-old Cistercian monastery adjacent to the Church and Sanctuary of Santa Maria delle Grazie, built in 1300.  This unique conference venue is located in the hamlet of Foce, just a few kilometers outside the centro storico of Amelia and will also play host to Saturday's Gala Dinner. 


Saturday, June 22nd- Cloister Buffet Luncheon in the centro storico of Amelia**
Saturday, June 22nd - Italian Slow Food Conference Dinner at Il Ristoro del Priore, Country House Monastero le Grazie  (Please RSVP by 15 June 2024). **
Sunday, June 23rd - Cloister Buffet Luncheon - in the centro storico of Amelia**


** Ticketing to the optional Gala Dinner and Conference Lunches can be paid for directly at the conference venues:

Please note: The Amelia Conference has sold out in 2019 and 2023.  We recommend that those interested in attending reserve their tickets in advance to ensure availability.   Seating is limited and fire-safety prevention rules prevent us from overbooking.

If you have any questions regarding this conference, please contact the ARCA conference organisation team at:

italy.conference [at] artcrimeresearch.org

May 3, 2024

Carabinieri Command: Safeguarding Italy's Cultural Heritage for 55 years


Fifty-five years ago today, on May 3, 1969, a crucial chapter in the protection of Italy's rich cultural heritage was written with the establishment of the special department of the Arma dei Carabinieri known as the "Nucleo Tutela Patrimonio Artistico." Since its inception, this unit has been entrusted with the vital task of safeguarding and protecting the nation's artistic legacy. Over the decades, it has evolved into the esteemed "Carabinieri Command for the Protection of Cultural Heritage," earning recognition both nationally and internationally for its unwavering dedication and exemplary work.

At the core of its operations lies a commitment to investigative, informational, and analytical functions aimed at combatting the illicit trafficking of cultural artefacts. Central to its success is the utilisation of the Leonardo Database of illicitly stolen cultural heritage, the largest repository of its kind globally. This database, containing comprehensive information on assets, primarily of Italian origin, and serves as a powerful tool in the ongoing efforts to locate and repatriate stolen treasures.

Moreover, the Carabinieri Command for the Protection of Cultural Heritage extends its expertise and support to other law enforcement agencies, fostering collaboration and synergy in the fight against cultural crime. Its partnership with the Ministero della Cultura ensures a comprehensive and coordinated approach to preserving Italy's cultural legacy for future generations.

As we commemorate their milestone, we salute the men and women of the TPC for their tireless efforts in protecting their country's cultural heritage. Their dedication serves as a model in the ongoing battle against the illicit trade in cultural property and affirms Italy's commitment to preserving its cultural identity.


May 2, 2024

The European Court of Human Rights has rejected the J. Paul Getty Museum’s appeal and upholds the decision issued by Italian authorities on the recovery of the “Victorious Youth”

Image Credit: S. King

Today on May 2, 2024 the First Section of the European Court of Human Rights, also known as the Strasbourg Court, (ECHR - Cour européenne des droits de l'homme) rejected the J. Paul Getty Museum’s appeal and entered a ruling in the case of The J. Paul Getty Trust and Others v. Italy (Application no. 35271/19) upholding the decision issued by Italian authorities aimed at the recovery of the bronze statue, “Victorious Youth” (also referred to as the “Athlete of Fano” or the “Lysippus of Fano”), dating to the classical period. This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention, though it may be subject to editorial revision.

The appeal had been lodged with the Court against the Italian Republic under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the J. Paul Getty Trust and fourteen American nationals (“the applicants”) on 28 June 2019 made up of:

The J. Paul Getty Trust
Megan Brody Chernin
James Bash Cuno
Bruce Wall Dunlevie
Catharine Drew Dilpin Faust
Frances Daly Fergusson
Maria Denise Hummer-Tuttle
Pamela Joyner
Paul Omer Leclerc
David Li Lee 
Robert Whitney Lovelace
Thelma Esther Melendez de Santa Ana
Neil Leon Rudenstine
Ronald Paul Spogli

The J. Paul Getty Trust and the members of its board of trustees (“the trustees”) alleged that the adoption of the confiscation order constituted a violation of their right to the peaceful enjoyment of their possessions, as guaranteed by Article 1 of Protocol No. 1. They further complained of the risk of being deprived of that right if the Italian authorities succeeded in obtaining recognition and enforcement of the confiscation in the United States of America (US), where the bronze is exhibited, at the Getty Villa in Malibu, California. 

The judicial authorities in Italy had already ruled the the Statue of the Victorius Youth was protected by Italian cultural heritage and customs law, had been unlawfully exported from Italy and then negligently purchased by the Trust despite the absence of an export licence and repeated attempts by the Italian authorities to recover it.

In making the ruling announced this morning, the European Court Chamber, composed of:

Marko Bošnjak, President
Alena Poláčková, 
Krzysztof Wojtyczek, 
Lətif Hüseynov,
Ivana Jelić,
Gilberto Felici, 
Raffaele Sabato, 
and Ilse Freiwirth, Section Registrar,

deliberated in private on 19 March 2024, delivering their judgment today.


In their 92 page ruling on 2 May 2024 the court issued its ruling stating it:

1. Upholds, unanimously, the Government’s objection to the standing of the members of the first applicant’s board of trustees and declares that they have no standing to lodge the present application;

The J. Paul Getty Trust and Others v. Italy Judgement

2. Holds, unanimously, that there is no need to rule on whether the new members of the first applicant’s board of trustees have standing to pursue the present application;

3. Dismisses, by a majority, the other preliminary objections raised by the Government and declares, by a majority, the complaint under Article 1 of Protocol No. 1 admissible;

4. Holds, unanimously, that there has been no violation of Article 1 of Protocol No. 1 to the Convention.


Each of the parties were notified in writing on 2 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court, signed by Ilse Freiwirth as Registrar and Marko Bošnjak  as President.

In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the separate opinion of Judge Wojtyczek was annexed to their judgment.




It should be noted that in accordance with the provisions of Articles 43 and 44 of the Convention, this Chamber judgment is not final. Within three months from the date of its delivery, any party may request the referral of the case to the Grand Chamber of the Court. In such a case, a panel of five judges determines whether the case merits further examination.  Should this occur, the Grand Chamber will seize
the case and will issue a final judgment. 

If the referral request is rejected, the Chamber judgment will become final on the date of the Grand Chamber rejection.


April 26, 2024

Georgia's Prosecutor Pursues Criminal Charges Against Four Nationals in Book Theft Investigation

Yesterday Bakur Abuladze, First Deputy Prosecutor General of Georgia announced the arrest of four individuals in the Eastern European country on charges of stealing rare 19th century books from national and university libraries in the Czech Republic, Germany, Estonia , France, Latvia, Lithuania, Poland, and Switzerland.    The arrests were born out of transnational crime group operation involving law enforcement officers from France, Germany, Lithuania and Switzerland, with coordination assistance via Europol and Eurojust.  Searching aparments and places of sale a large amount of cash and hundreds of books, many with their library watermarks evident,  were recovered, including a 19th-century French-language book allegedly stolen from the National Library of Paris

According to yesterday's announcements, between 2022 and 2023 this network of  accomplices visited libraries across Europe, gaining access to collections using fake IDs with fictitious names and surnames.  Having obtained access to collection material, they then exchanged rare book editions, primarily centring on Russian classics, in particular, books by Alexander Pushkin and Nikolai Gogol which they then substituted with makeshift counterfeits selling the books onward in Russia. 

Along with the financial motive for the crime,  journalists have speculated on a  political motive, where in the large-scale operation was incentivised by buyers seeking to return literary relics to Russia.  For now this theory is just that. 

April 23, 2024

When a money launderer's art collection comes up for auction

Photo Credit ANP

Once upon a time, the individual pictured above, Jan-Dirk Paarlberg had a prominent place in the Quote 500, with a fortune according to business publications that at its peak reached 280 million euros.  A buyer and seller of works of art, his collection is said to have included works on canvas and paper by Marc Chagall, Claude Monet, Kees van Dongen, Pierre Bonnard, Karel Appel, Pablo Picasso, and Pierre-Auguste Renoir, to name a few, as well a at least one sculpture, a statue by Feranando Botero. 

Forty-one objects from his collection have been consigned for auction and will be sold off today (and tomorrow) at Sotheby's Modern and Contemporary Art auction in Paris. 

To show the interesting way the legal art market documents artwork ownership, shielding potential buyers from distasteful facts in publicly available auction records, its worth looking at one Paarlberg-owned painting.  This hotly contested (for unrelated reasons) Portrait of Jeanne, c 1901, was painted by French impressionist Pierre-Auguste Renoir.  Its sales advertisement makes no mention of Paarlberg in its provenance, only mentioning that the painting's last owner purchased the work from Kunsthandel Frans Jacobs in Amsterdam.  

Instead this oil on canvas artwork, with a presales estimate of 500,000 - 700,000 EUR, lists an innocuous phrase in the text of the sale's page, which discretely states:  Sale on behalf of the Dutch State.

But who is Jan-Dirk Paarlberg and why are his purchases and this upcoming sale interesting to ARCA?

Paarlberg was the man behind the Euromast in Rotterdam, the restaurants of the Oyster Group and the co-owner of the Merwede Group, which owns a large part of the retail properties in Amsterdam's PC Hooftstraat and on Rotterdam's Lijnbaan.  He also had homes scattered in New York (at the historic Dakota), as well as in London, Portugal, and France, in addition to historic real estate in the Netherlands.  

That is until the real estate magnate's empire collapsed. 

Dutch authorities implicated Paarlberg in a money laundering scheme involving 17 million euros tied to the notorious Dutch penose underworld figure, Willem Frederik Holleeder.  That legal entanglement marked a stark contrast to Paarlberg's previous stature, and underscores the intricate intersections of wealth, power, and criminal influence, and the art that we see in circulation in the art world.  In this instance,  it is not the art itself which is criminal, but the laundered money possibly used for its purchase. 

Money, in part, it was determined by the courts, which had been extorted by Willem Holleeder from Willem Endstra.  Another prominent Dutch real estate developer, known as the "banker of the underworld," Endstra was assassinated by hitmen in 2004.  His death underscored the ruthlessness of Holleeder's organisation and its reign of terror, as well as Paarlberg's role in the perilous consequences of money laundering when it crosses paths with organised crime.

In testimony given on 19 April 2010, Jan-Dirk Paarlberg described some of his more suspicious art transactions.  Speaking under oath, in the the Haarlem court, the former wealthy resident of the Maarssen castle Ridderhofstad Bolenstein described how he rounded up eight important artworks from his home, including the statue by Feranando Botero, a painting by Marc Chagall, a canvas by Claude Monet and five works by painter Kees van Dongen, and placed them all in his jeep before driving them to a Belgian dealer where he exchanged the objects for large denomination bills totalling of 8.5 million guilders (roughly 4.5 million euros). 

Paarlberg was extremely vague on details, claiming he couldn't recall exactly which artworks he had sold, nor could he produce evidence of the pieces having ever been in his collection. He claimed he handed everything over to the dealer in Belgium for the new owner, having not saving purchase receipts, shipping documents, or even a single photograph which depicted the works which had once graced his properties. 

Fourteen years ago, at the time of this testimony, Paarlberg's statements were met with skepticism.  Art professionals argued about the feasibility of transporting a heavy Botero sculpture in his jeep, how Paarlberg had failed to use an art shipper, and even questioned the overly large cash sum he claimed to have been received as being excessive relative the value of the artworks and the two intermediaries.  But given what we know about the underworld, and as “traditional” money laundering vehicles, such as real estate, became less attractive to criminals, (given their immovability) one has to wonder if this event could have gone down as the property baron described?

Fast forward to today.  We now know and accept that art money laundering – often at inflated prices – to disguise the origins of illegally-obtained funds in order to reintroduce them into the legitimate economy, is in fact a thing.  So much so that the FATF includes “cultural objects” in its sector-specific guidance as a potential vehicle to launder funds, or to finance organised crime, terrorist groups, or their related activities. 

But none of this seems to be getting much coverage in Modern and Contemporary art market publications, nor with regards to today's sale, which, by the way, involves some 41 artworks seized by the Dutch authorities from Paarlberg's estate. 

Who are the Penose?

While most of us have heard of Italy's 'Ndrangheta from Calabria, the Cosa Nostra from Sicily, and the Camorra based in Campania, few people outside of the Netherlands have heard of the Penose. Coming from Bargoens, a form of Dutch slang, the name is traditionally used to describe networks predominantly headed by ethnic Dutch crime lords, mostly known to operate in the underworld of Amsterdam, but also in other big cities in the Netherlands such as The Hague, Rotterdam or Eindhoven.  

In addition to money laundering, members of the Penose have been associated with and convicted of activities such as drug trafficking, armed robbery, chop shops, illegal gambling, illegal slot machine vending, and, lest we forget, even contract killing. 

To be clear, having been seized by the Dutch state, the proceeds from these upcoming auctions of Paarlberg's paintings won't support organised crime. But let them serve as an illustration that it is just as important to know who the names and backgrounds of former artwork owners are, as it is to know the names and backgrounds of the individuals who have sold work of art you are interested in.

Happy shopping, don't let the tricksters get ya. 

By Lynda Albertson


April 20, 2024

Christ Church Picture Gallery painting by Baroque painter Salvator Rosa recovered in Romania


On 19 April 2024 Christ Church, a constituent college of the University of Oxford in England, announced the recovery of one of three stolen paintings, A Rocky Coast, with Soldiers Studying a Plan by the Italian Baroque painter Salvator Rosa.  This painting, along with two other Baroque Period artworks, had been stolen, by three masked accomplices, from the Christ Church Picture Gallery at around 11pm on Saturday, 14 March 2020

This first painting has been recovered outside of the United Kingdom, in Romania after law enforcement officers in the country were contacted by a man who was said to be in possession of Rosa's historic landscape.  When questioned by police, he admitted to having sold the other two stolen artworks onward, both of which had been on display at Christ Church since 1768.  

According to Romanian news sites, the restituted painting was handed over to the judicial authorities in the United Kingdom of Great Britain and Northern Ireland at the end of March this year. 

The two remaining stolen art works are:


Oil on Canvas, circa 1616
H 91 x W 55 cm
Accession number: JBS 246



Oil on Canvas, circa 1580
H 75.5 x W 64 cm
Accession number: JBS 180


Both of these paintings are believed to be in circulation still. 

For now the unnamed man is being treated as a witness by Romanian authorities and has not been arrested.   The case continues in the United Kingdom with Thames Valley Police as well as with Romanian investigators working closely with the European Union Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Law Enforcement Cooperation (Europol) and Romanian judiciary. 

The Christ Church Picture Gallery is known for its impressive collection of Old Masters paintings and drawings, with an emphasis on Italian art from the 14th to the 18th century. Works in the museum also include paintings and drawings by Titian, Caravaggio, Michelangelo, Dürer, Raphael, Rembrandt, Rubens and Tintoretto, many of which were donated by General John Guise (1682/1683–1765) in the eighteenth century. Guise is known to have donated some 200 artworks to the college in furtherance of its art education programming. 

Thames Valley Police are appealing for witnesses who may have seen or heard anything suspicious in the immediate area of the Christ Church Picture Gallery or elsewhere on St. Aldates or High Street on the night of the theft or who might have leads regarding the artworks' handlers.  Officers can be contacted by calling the non-emergency number 101, or making a report online using the reference 43200087031.  Individuals who wish to remain anonymous can also contact the independent charity Crimestoppers on 0800 555 111.

April 19, 2024

Spain's antiquities dealer arrest and the importance of facts-based reporting

TEFAF Maastricht 2022
Image Credit: ARCA

Earlier this week, ARCA published an article building on an announcement made by Spain's Ministry of the Interior which involved the identification of a looted Egyptian object.  This investigation involved the Policía Nacional in collaboration with the Dutch Politie, and the expertise of forensic scholars, as well as the assistance of cooperating dealers and the support of art fair personnel.  These combined efforts resulted in the voluntary handover of the trafficked artefact in the Netherlands, and later, the reported arrest of a Barcelona-based ancient art dealer who, although unnamed by the authorities, was stated to have been charged with money laundering, smuggling, and document falsification.  

ARCA's article touched on its own research into the circulation of this suspect antiquity and to the object's identified Spanish handler.  In it, I named the dealer whom I (too) had ascertained as having been in possession of this piece after it arrived to Spain from Bangkok before being sold onward to other ancient art dealers in Germany and Switzerland.  

Shortly following the Spanish announcement, the bulk of the reporting by mainstream media covered this investigation by simply regurgitating the Spanish  government's official press release.  ARCA, being a research-based organisation which specifically examines (and sometimes reports on) forensic crimes that impact art and artefacts, opted to provide more detail.  To do so we discussed both the object itself and named its first seller, while also ensuring that in doing so we haven't compromised the work of international police forces.

Too frequently, trafficked artefact reporting becomes routinely formulaic, giving readers cursory information on an object's country of origin, value, age, and the names of involved agencies responsible for that object's recovery.  In this type of reportage, the artefacts themselves take second stage, often reduced to photo opportunities, where they are frequently overshadowed by fancy diplomatic handshakes. Whereas the story of the piece itself, its trafficking journey, its good faith and bad faith handlers and its place in history are often unconsidered, or left to vague statements and assumptions, much in the same way, archaeologists and art historians lament the loss of context when an artefact is extracted from its find spot and the object's history is lost during a clandestine excavation.  

Basic shapes of block statues

Likewise, when describing this partial 18th Dynasty Egyptian block statue most of the published news articles reduced the artefact to its period of creation, i.e., "a stolen Egyptian sculpture dated from 1450 BCE" or spoke to its rudimentary aesthetic characteristic, referring to the piece as simply as "an Egyptian head".  Smuggled clandestinely, often over great distances and hidden in shipments through multiple transit countries, by the time such looted antiquities appear on the ancient art market, where they are displayed in glittering European art galleries and art fairs, the pieces are no longer intact.  

In this case, the less informed buyer, might appreciate this sculpture's beautiful depiction of the head of an Egyptian male.  I, on the other hand, see its decapitated form as evidence of a crime scene.  I question whether or not this anonymous severed head, had likely been hacked off its body, or deliberately broken at the shoulders for ease of transport and smuggling, knowing that unfortunately this once complete representation of a man, is now absent the rest of his body.  

During Egypt's Eighteenth Dynasty, the artisan who sculpted this black-granite representation of a once-living human would have worked the hard stone with care and precision.  The focus of his efforts would have been to respectfully express the belief that the deceased person's Ka, his eternal life force, when separated from his earthly body at death, would be travelling between the worlds of the living and the dead and would need to find his eternal home inside this single memorial block statue, created expressly for this purpose.  Carved to represent the likeness of the deceased and placed inside a sanctuary, had this head remained with the rest of its body, we might also have learned, through inscriptions, the name of the esteemed person the sculptor sought to portray when he had creating this memorial artwork.  

But why the need for a second article? 

Over the past several days there has been scattered chatter via various social media sites where the veracity of my statements regarding who the arrested Spanish dealer was have been the subject of discussion.  

Art News journalist Karen Ho, doing her best to report the news and remain impartial to the contentious subject, wrote: 

...the Association for Research into Crimes Against Art, has claimed in a blog post that the individual in question is Jaume Bagot Peix, operator of the J. Bagot Arqueología gallery in Barcelona, Spain.

Art lawyer Justine Philippart, when pointed to ARCA's original blog article, stated on LinkedIn:

This article is fake news. Nothing is true. Thus, for example, Mr. Bagot was not arrested.


Art and cultural property lawyer Yves-Bernard Debie, who states his Brussels firm represented Bagot and his gallery, wrote in the Art News article: “We can confirm that our client has not been arrested. The information that is being disclosed is false.”

So let's start with things that we can assume are indisputable.
 
Spain's Ministry of the Interior stated that agents of the National Police have arrested an antiques seller in Barcelona for the head of the Block statue, which they indicated had been on display with a Swiss dealer at The European Fine Art Fair (TEFAF) although they did not specify in what year.  The ministry also stated that the investigations made it possible to prove that this artefact had been acquired in July 2015 by the person in charge of a (unnamed) Barcelona establishment after transiting through an international company based in Bangkok and that this gallery owner "knew of the illicit origin of the Egyptian piece" and had "justified the origin of the piece by providing a document that collected information on several archaeological pieces belonging to a Spanish collection." 

Now on to what I assessed before naming Jaume Bagot in my last article, and whether or not that information is false or fake news as claimed by the two lawyers.

To trace this artefact's progression through the art market I started by looking for, and analysing, any photographic evidence I could find that depicted this object in circulation.  Its passage with the Swiss dealer being the easiest part. I was able to  review photos taken by ARCA researchers while this piece had been on display at the dealer's TEFAF stand during events held at the Maastricht Exhibition & Conference Centre in March 2020, and again in June 2022.  Both of these photos were included in my previous blog post, one of which even had the date/time/street location for the MECC watermarked on the front. 

Both photos clearly demonstrate that this artefact was on display during the fair's operational hours and had not been "removed before its opening" in 2022 as was incorrectly stated in the Art News article.  Today, TEFAF provided me with clarification that the artefact had been removed, from sale, while the Dutch portion of the investigation was underway, but that the object had been allowed to remain on display to the public for the duration of the fair with the consent of the Dutch police while their investigation got underway. 

In addition to ARCA's own photos, I also scanned open source records looking for other depictions this object, finding photographic evidence which placed the artefact with the Swiss art gallery at least as early as 3 October 2018.  I then repeated similar exercises of date range-search-find-analyse in order to find photographic evidence which might confirm the identities of the German and Spanish dealers.  This process of elimination, helped to further narrow down the range of dates when this object was in the possession of the named Barcelona dealer. 

Narrowing down my search to whose photos to review first, to limit the number of photos I needed to sift through was easy.  I started with the only Barcelona-based ancient art dealer who had been publicly-mentioned as having connections to smuggled conflict and post-conflict country artefacts from the MENA region, some of which transited through intermediaries in Thailand. That person being Jaume Bagot Peix.  

Given that Bagot also had a standing conviction in Italy, related to a stolen antiquity and is currently alleged to have sold a stolen Egyptian artefact ushabti from Sudan with falsified provenance documentation to the Rijksmuseum van Oudheden in the Netherlands, I felt that reviewing the Egyptian material he may have sold after the July 2015 arrival date mentioned in the Ministry of the Interior's announcement might help to confirm whether or not he was the unnamed Barcelona dealer. 

Working with that hypothosis, I was able to locate and document this object in Bagot's possession through a series of photographs, as well as one video.  All depict the Egyptian head on display and for sale with J. Bagot Arqueología during the 37th edition of the Feriarte.  This art fair was held from November 21 to 29, 2015 in Madrid, roughly four months after law enforcement officers defined the object's entry into the EU from Bangkok.  To be fair, I have not added proof of these evidentiary images to this article, but simply forwarded each of my findings to the Spanish and Dutch Law enforcement officers working on this case.   

In closing I will state that as a routine act of due diligence, ARCA makes every effort to identify the circulation specifics of illicit artefacts discovered in circulation, in order to ensure their proper documentation.  This holds true for artefacts which have been seized by law enforcement agencies as the result of court orders, as well as those which have been voluntarily relinquished. Doing so helps us to map less-than-careful art market actors, as well as culpable ones.  

ARCA does not condone "fake news". Nor do we contribute to it.  Cultural property crimes are insidiously complex and as the old adage goes, when dealing with suspect material and the naming of problematic actors who handle said material, the devil is in the details which can be proven beyond dispute, even more so when that evidence is considered probative at trial.

By: Lynda Albertson

April 15, 2024

Arrest made in Spain on Egyptian antiquities smuggling case.

TEFAF Maastricht 2020
Image Credit: ARCA

According to Spain's Ministry of the Interior, following an investigation begun in 2023, the Policía Nacional have arrested a Barcelona gallery owner (Jaume Bagot Peix, operator of J. Bagot Arqueología) for allegedly committing the crimes of money laundering, smuggling, and document falsification in relation to this black granite head of a funerary monument for a high ranking official from the reign of Hatshepsut or Tuthmosis III in Egypt. 

TEFAF Maastricht 2022
Image Credit: ARCA

Valued at 190,000 euros, the circa 1504-1450 BCE artefact had been acquired by the Barcelona ancient art dealer in July 2015 via an intermediary in Bangkok, Thailand.  ARCA notes that this partial statue was documented on social media sites and up for sale through a Swiss-based art dealer during the short-lived European Fine Art Fair in 2020 and again with this same dealer when the fair reopened post-Covid in 2022.  

Having been the subject of a joint-European policing initiative which resulted in law enforcement authorities with the Dutch Politie in the Netherlands sharing evidence with their Spanish counterparts, police in Spain were able to concretised that this Egyptian artefact was illicit, despite it having been in free circulation for seven years through several sales passages occurring via dealers in Spain, Germany, and Switzerland.  Prior to these transactions, the object had traveled though the transit county of Thailand via an intermediary in Bangkok. 

The 18th Dynasty head depicts its patron wearing a short wig revealing the ears as well as defined almond-shaped eyes and prominent eyebrows.  In its complete and original form, the head would have once been attached at the shoulders to the rest of its memorial block statue representing a seated non-royal person.  

These types of statues would have depicted the individual's head, hands, and feet emerging from a cloak drawn tightly around the subject's body, similar to the one depicted at the left, which is on display at the Brooklyn Museum in New York.  During the period of the trafficked head's creation, it was likely crafted to resemble a guardian seated in the gateway of a temple as Egyptians believed that after a person's death, their soul could inhabit a statue in a general context of solar beliefs. 

The Swiss gallery that had purchased the artwork via another ancient art dealer in Germany, freely relinquished the artefact to the Dutch authorities once it was determined that the piece was suspect and had been acquired via the Spanish gallery owner, who had already been linked to the illicit trade in antiquities in conflict zones such as North Africa and the Middle East. 

To circulate this illicit artefact, the Spanish gallerist provided his trusting buyer, with a document that substituted collected information relating to several archaeological pieces belonging to a Spanish collection from the 70s making it appear as though the head had been part of a legitimate and documented collection prior to Egypt's antiquities laws tightening in 1983.  A not uncommon technique, suspect dealers have often attempted to "whiten" freshly looted material, by substituting, reusing, or outright fabricating documents of ownership, which, if not carefully explored, cosmetically appear to provide a legitimate "pedigree" to an antiquity which in reality is more recent plunder from an illicit excavation.  

It is for this reason, that the dealer who has been arrested has been charged not only with smuggling and money laundering, but also with document falsification of the object's provenance record. 

Point of reference in 2018, Frédéric Loore revealed in Paris Match that Jaume Bagot's network used various smuggling routes, notably via Egypt and Jordan to the United Arab Emirates, before returning to Catalonia after transiting through Germany or Thailand.

By:  Lynda Albertson

NB: For now, the Spanish authorities have elected to publish their arrest announcement withholding the name of the charged ancient art dealer.