Blog Subscription via Follow.it

February 16, 2011

St. Louis Art Museum Sues the United States to Preclude a Forfeiture

The Ka-Nefer-Nefer Mask, acquired in 1998
 by the St. Louis Art Museum
The St. Louis Art Museum (SLAM) has sued the federal government to preclude it from initiating a forfeiture claim against the Ka-Nefer-Nefer mask. The museum was approached in January by several U.S. attorneys in January, who indicated an intention to bring a forfeiture action against the mask. Civil forfeiture was the legal mechanism under which the Portrait of Wally litigation and subsequent settlement emerged. It is a powerful tool for claimants, which uses the resources of the federal government, and a favorable burden of proof, to pursue claims for objects which may have been looted or stolen.

But in this case, rather than waiting for the forfeiture action, the museum has decided to try to preclude a suit by the U.S. attorneys, arguing that from December-January of 2005-06, the U.S. was a party to several communications regarding questions with respect to the history of the mask. They use as examples, posts and emails sent by Ton Cremers, of the Museum Security Network. He sent at least two emails to Bonnie Magness-Gardiner of the FBI, INTERPOL, as well as James McAndrew at Immigrations and Customs Enforcement (ICE). The Museum's complaint quotes emails from Cremers, which were published on the Museum Security Network:
  1. “So I should think that if the Egyptian Government lodged a complaint or request with the USA Government and the FBI Crime Team (to which I am copying this), then the Museum would be obliged to answer the questions.”
  2. “The FBI is just waiting for Egypt to file a complaint. A [sic] soon as Egypt files a complaint [sic] the FBI is expected to act.”
  3. “Maarten Raven, a Dutch archaeologist, saw the mask in the Saqqara and is VERY positive that the mask in the SLAM [Museum] is the same as . . .the one stolen in Saqqara . . . .
The SLAM argues in the complaint that the relevant U.S. government officials had knowledge of the potential claim over five years ago, and the five-year statute of limitations period has expired under 19 U.S.C. § 1621. A court will decide whether these emails, and queries the Museum sent to INTERPOL in the 1990's about the mask are sufficient to have given the U.S. government actual or constructive knowledge of the potential claim. The Museum seeks a declaratory judgment under the Tariff Act that the action is barred by the statute of limitations.

The Journal of Art Crime: Essayist Patrick Hunt on Missing Miniatures from Priceless Illuminated Manuscripts

by Catherine Schofield Sezgin

In the fourth issue of The Journal of Art Crime, essayist Patrick Hunt writes about theft to medieval vellum pages in “Missing Miniatures from Priceless Illuminated Manuscripts” even at monasteries situated in the Swiss Alps and in cave sanctuaries in Nepal.

Patrick Hunt has followed “several of his life-long dreams” – archaeologist, art historian and author – “for the last 20 years at Stanford University”, starting as a Visiting Scholar in 1992 and teaching regularly since 1994. He has directed Stanford’s Alpine Archaeology Project since 1994 and publishes on a wide variety of subjects, from archaeology to art history and related humanities topics.
ARCA blog: Dr. Hunt, you write in your essay that in Bangkok a publisher of a book recording Nepalese religious art thefts was robbed in 1986 of 80 original photographic slides that evidenced the destruction of art. Can you guess as to the motivation of the thieves? Do you often think that they have no shame? Or can you imagine that the sale of stolen art is so great that no wonder these items are stolen?

Dr. Hunt: I wish an appreciation for beauty motivated such wanton destruction in the case of Nepalese religious art, but as usual in art theft, greed for highest profit margin seems unmitigated by respect for cultural treasures in their rightful contexts, however remote. In Bangkok, it was likely the associates of the thieves who wanted to remove any evidence of a crime having been committed so authorities would have a tougher time proving provenance as well as to facilitate sale to unsuspecting buyers for a “clean bill of health”. Organized crime – hidden behind “professional” moles - may often be involved, but the trite adage still applies: if no demand existed, supply would shrink accordingly. In some cases, the desire to collect something exotic that may even remind one of a wonderful trip may generate a legitimate desire to purchase a sentimental keepsake of distant travel, but these are not applicable motivations when thieves shamelessly rip religious art out of shrines solely for resale several continents away. For me, the clue that organized crime was involved in Svayambhunath was the murder of the priest trying to protect the site. Collecting is full of such shoals, so caveat emptor. If most collectors, usually decent people, only knew the trail of blood, they would generally shy away, and criminals know this. Plus, unfortunately provenance is simple to fake unless would-be collectors spend a lot of money to verify their sources.

ARCA blog: You cite one of the most “egregious gangster-like robberies” as the 2004 assault with a stun gun on a rare books librarian at Transylvania University Library that ended with the theft of rare books valued between $500,000 and $750,000 and the arrest of four college students who were apprehended when they tried to sell the material to Christie’s auction house in New York. This case, you say, was “ludicrously amateur” – what motivated these college students to do something like this? Were they prosecuted and jailed? What are the consequences for book theft?

Dr. Hunt: These four college kids – all of 20 years old - were just plain stupid. I don’t want to systematically categorize such acts as frathouse follies although it’s tempting in this caper. This kind of brazenness can at times be pinpointed to alcohol-emboldened macho dares, and such perpetrators are commonly puerile males who were either never caught or substantively punished for lesser pranks. But it’s still an amoral response to cultural relativism to think a rare library collection is fair game. In this case, they were unlikely to be intellectuals who knew the books well; they were not young academics who normally fully respect public opportunity to use resources within a library, where special collections are also conserved and cared for rightly. But they did get caught, thanks to their inability to foresee that reference librarians are well-educated people who know how to do their research. Plus, having assaulted the librarian with a stun gun added incentives to catch them when they rashly impersonated known book dealers in communications with Christie’s. After pleading guilty, they were ultimately each sentenced to 87 months in December, 2005.

ARCA blog: You write that in 1995 an honored medieval professor researching at the Vatican Library cut out several illuminated 14th century leaves with fine miniature paintings from a Vatican codex that had been commissioned and annotated by Petrarch. Is it only about the money?

Dr. Hunt: Unlike the college students, this 1995 theft is probably more complicated. Here, a true bibliophile, a respected medieval studies professor who knew the material better than nearly anyone in the world, lapsed into a form of early dementia at age 68. It reminds me of a fascinating book by an author acquaintance, Allison Hoover Bartlett's The Man Who Loved Books Too Much: The True Story of a Thief, a Detective, and a World of Literary Obsession (Riverhead Books, New York, 2009). Obsession and even emotional hardship can drive otherwise moral people to do horrible things that would normally be unthinkable to them. Here in the case of Professor Anthony Melnikas, motivation is still largely a mystery, but it doesn’t seem to be entirely about money even though the priceless Petrarch leaves ended up with a book dealer before being spotted and returned to the Vatican. His likely dementia does not in any way excuse the crime, and we should hold such scholars who have almost unlimited access to an even higher responsibility.

ARCA blog: You tell of $750,000 book theft from Harvard, $1 million stolen from books at University of California at Los Angeles, and that many more books have probably been mutilated but are still unaccounted. Recovery is dependent upon perusing likely dealers and even antiquarian book fairs where such missing medieval art may turn up. If one of our readers sees something suspicious, what steps should be taken?

Dr. Hunt: The first step I recommend is to contact the parent body of this blog, ARCA (Association for Research into Crimes Against Art), as well as the ALA (American Library Association) because they regularly report library thefts once recognized. The second step might be to contact the FBI if it involves any possible element of organized crime, which sadly is already deeply involved, especially in art theft for money laundering. But I urge anyone in the latter instance to be very careful because crime cartels show little value for human life and snoopy people can disappear. Alert the right authorities and then get out of the way. The major auction houses are doing more due diligence these days, so less visible places might be venues where stolen rare books turn up more readily. The old canard about suspiciously low prices for rare books or possibly purloined medieval illuminations cut out from their pages, like anything else, is apropos: if it seems too good to be true, it probably is. In my Stanford courses like “Plundered Art” and in my books and articles, I find the forensic side fascinating but as always, truth about human behavior is ever more strange than fiction. Even if it’s less than 0.1% of the population who perpetrate brazen art crimes, one of my great mystery crime author friends, Ridley Pearson, reminds that you just can’t as easily make this stuff up. Justice may be slow, but unlike melted-down gold and silver, if the work is not destroyed – which would be totally counter-productive - the book trail can usually be followed.
To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

February 15, 2011

The Journal of Art Crime: Essayist Catherine Schofield Sezgin Speculates on Paris Theft, May 2010

In an essay entitled “The Paris Art Theft, May 2010,” Catherine Schofield Sezgin relates the events of the theft of the Musée d’Art Moderne de la Ville de Paris in the 16th arrondissement in Paris and speculates about how the thief may have stolen five paintings.

Christophe Girard, deputy culture secretary in Paris, estimated the value of the stolen paintings at 100 Euros ($123 million). The five missing paintings are reported as: “Le pigeon aux petits-pois” (The Pidgeon with the Peas), an ochre and brown Cubist oil painting by Pablo Picasso worth an estimated 23 million euros; “La Pastorale” (Pastoral), an oil painting of nudes on a hillside by Henri Matisse about 15 million euros; “L’olivier prés de l’Estaque” (Olive Tree Near Estaque)by Georges Braque; “La femme a l’eventail” (Woman with a Fan) by Amedeo Modigliani; and “Nature-more aux chandeliers” (Still Life with Candlesticks) by Fernand Leger.

According to Paris’ mayor, Betrand Delanoe, the museum’s security system, including some of the surveillance cameras, has not worked since March 30 and has not been fixed since the security company is waiting for parts from a supplier.
"In 2009, early January, I was ending a two-week holiday in Paris. We had been staying next door to the Musée d’Art Moderne de la Ville de Paris but had not been inside it. On Saturday evening, the night before leaving, I left my children in the apartment and walked next door to check out the permanent collection which was free. The museum would be closing in a few minutes. I headed downstairs and started looking at paintings, somewhat sure that after days and days in Paris at the Musee d'Orsay and the Louvre and the Musée National d'Art Moderne at the Centre Pompidou that there wasn't much more for me to see in such short time. And then I saw this painting of trees that amazed me, and discovered that it was by Braque, titled, in English, Olive Tree Near Estaque. I just loved it and am happy to share these photos now." -- Catherine Schofield Sezgin.
To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

BBC reports Scientists Used Analytical Tools to Study Color Changes Over Time

BBC reports the findings of a study of the deterioration of the color yellow to brown in some of Vincent van Gogh's paintings:
"The researchers found that a change in the oxidation state of the element chromium (from chromium 6 to chromium 3) was linked to the darkening of chrome yellow paint."
For more information, read the complete article ("Van Gogh paintings 'degraded by UV-driven reaction'") on the BBC here.

Photo from the BBC website: Van Gogh's "Banks of the Seine", Oil on canvas, Paris, 1887, Van Gogh Museum, Amsterdam, The Netherlands