First edition 1000 copies.
Binding: Graphic K.G. – Graz – Printed n Austria

Text and plates: Akademische Druck – u. Verlagsanstalt – Graz

Facs.Bav. Pal.lat1071[1969:1-2]. Cons. (1969:2)
Friedrich II imperatore del Sacro romano impero e re di Sicilia, 1194-1250
De arte venandi cum avibus, ms, pal, lat 1071
Bibkioteca apostolica vaticana.

Pubblicazione: 1969

The Sale Leonine

The Manuscripts Reading Room

"Sum de bibliotheca quam Heidelberga capta Spolium fecit et papae GREGORIO XV trophaeum misit Maximiliianus utriusque bauariae Dux &c S
R I Achidapifer et Princeps Elector."

The 40th Anniversary of the 1970 UNESCO Convention will be the subject of the keynote panel at ARCA's third annual International Art Crime Conference on Sunday, July 10th in Amelia.

Last March in Paris, UNESCO commemorated the 40th anniversary of the 1970 Convention which was a landmark treaty negotiated to define illegal trafficking of cultural property for the international community and provide policies for nations to adopt to stem the demand and sale of cultural property. Subjects covered included legal instruments employed for the fight against illicit trafficking of archaeological objects. The 1970 Convention has been ratified by 120 Member States and is seeking ratification by 80 more. After 40 years, effective has the 1970 convention been in the fight against the illicit trafficking of cultural property?

"In light of the recent Egyptian crisis that featured mixed reports made by journalists, culture leaders, and archaeologists, among others related to the uncertain status of the country's cultural institutions and sites, it is all the more relevant to discuss the importance of maintaining accurate collection inventories. They play a critical role in the aftermath of any theft, natural disaster, or period of civil unrest. This paper utilizes quantitative as well as qualitative evidence to underscore the benefits derived from maintaining comprehensive documentation and collection inventories."

"The recent revolution in Egypt provided a natural experiment or stress test of the security system that normally protects antiquities, whether in museums, or on sites or remote storerooms. What can we learn from the looting of the Cairo Museum (and from storerooms and archaeological sites around the country) about how other heritage professionals could and should be planning ahead to cope with similar situations of political instability that might strike their country?"

"In April 2003, the looted Iraq National Museum in Baghdad briefly focused international media attention on the plight of Iraq’s cultural heritage. This theft and destruction is only one part of a much larger problem. The looting of archaeological sites throughout the country poses a continuing threat to Iraq’s past. Although the initial flurry of destruction has subsided, important archaeological sites continue to be looted. While we will never fully know the extent of the material and information stolen from these sites, satellite imagery allows us an opportunity to better understand which sites were targets, when looters were active, and what type of material is reaching the market. While it is important to increase awareness about these current patterns in looting and the market for artifacts stolen from Iraq, it is also necessary to discuss the tools available to help prevent this destruction. Among these tools are recent developments in international and U.S. legal framework to help protect Iraq’s cultural heritage. As we begin to address the damage to cultural heritage sites other areas with recent unrest what can we learn from these tools created in response to the loss in Iraq?"

"Spain is rich in art treasures: artwork ranging from religious works, modern paintings, ancient architecture, Roman ruins, and Visigoth remnants are densely scattered across Spain’s cities and countryside. Whereas some of the art is world-renowned and protected, much of the art is still hidden in churches and in depopulated towns and is left vulnerable to damage and theft. Spain’s cache of hidden works has great cultural value to the Spanish cultural identity; however, these works are often misappropriated because their existence is virtually unknown or unprotected. This paper sets forth recommendations for Spain to follow to protect is patrimony, most importantly the necessity of creating an extensive catalogue, encompassing both State and Church property."

"How we view forgery is dependent upon how we view art as a society. In this paper I will argue that forgeries have been received differently according to the role art is playing at the time they are discovered. I will show how the role of art began changing during World War II, due to the looting of Nazi leaders, and how this affected forgery, using the case of the Van Meegeren forgeries as an example. I will show how art is valued today according to its historicity, rather than its aesthetic capabilities. Such a claim explains why forgeries could have once been acceptable, but now are not because they falsify history. They are placed into historical contexts where they do not fit and thereby misconstrue the public view of history. This paper is important because it shows that by understanding the perception of forgeries at certain periods, we can better understand the role of art and the values placed upon it in society."

"The ability of investigative agencies like Interpol and the Federal Bureau of Investigation (FBI) to effectively recover stolen works of art depends in part on how comprehensive and complete their databases of stolen works are. The scope of these databases and their effectiveness in recovering artwork depends on how many reports of theft are submitted by museums to the investigative agencies. This paper looks at the various influences that inform a museum’s response to theft, including sending in reports of theft. It examines how a concern with public image and a lack of funding affect the resources museums have at their disposal to handle museum theft and provides some strategies to improve the deterrence of museum theft worldwide."

In 2008, while working at an archive of an unnamed institution it was discovered that an etching by Rembrandt van Rijn was missing from the collection. According to a letter on file it was approved to be sent out for restoration in 1998. However, no record was ever found to confirm that it was sent out for treatment. It was last accounted for in a 1990 inventory. Months were dedicated to digging through files and paperwork. After attempting to track the object starting with its provenance, port of entry, and adoption into the collection, the paper work dropped off and a more rigorous search began. Emails were sent and searches commenced, until one afternoon in 2009 I received a letter from the head of the institution asking me to halt the investigation with no explanation offered. While the particular piece’s rarity and monetary value hold no comparison to the Rembrandt cut from its frame during the 1990 Gardener Museum heist, the unnamed institution continues to guard the knowledge of the prints disappearance. This object and the circumstances that ensued led me to further investigate and explore a larger system of values using Rembrandt as a model. I began by questioning the institutional value of maintaining the secret of a missing artwork that was not of any particular rarity or monetary significance.

"This paper addresses the ways in which the architectural and artistic production created under Fascism has been perceived, legally defined and handled by subsequent governments and authorities and how the status of iconoclastic actions against these works has changed over time. It focuses specifically on the way in which Fascist architecture offers a significant example of how the fate of politically tainted works challenges the conceptual boundaries that define the distance between legal and illegal, approved and criminal actions in the art world."

"The destruction and pillage of cultural property in times of war and peace reach far back in history, to the Greek and Roman periods – be it the excessive looting of Greek temples during the Persian Wars or Nero’s large-scale thefts of statues. This paper will examine ancient approaches to and discourses on the plundering of works of art and investigate early concepts of the protection of cultural objects as media of a collective memory and identity. By discussing selected historical examples, I will particularly focus on the different forms of ancient responses to the loss of significant religious and cultural artifacts, which range from the diplomatic negotiation of returns, the repatriation of looted property as symbolic political acts, the restoration of the religious and cultural order by the use of replicas as well as early antecedents of the ‘codification’ of norms to respect the inviolability of religious and cultural sites and prohibit the illicit appropriation of art. The parallels and differences which the ancient paradigms reveal with regard to modern concerns about cultural heritage will shed some new light on the complex nexus of political, religious, cultural and moral issues involved in debates over the protection of cultural property."

"This paper will analyze recent recommendations of the United Kingdom’s Spoliation Advisory Panel, which hears claims relating to World War II spoliation of cultural objects, and in particular the different aspects of the moral considerations. It will focus on the two primary considerations of the Panel: the circumstances in which the pre-war owner lost possession of the object (the immorality of deprivation) and any moral obligation of the institution in terms of the circumstances in which they acquired the object (the immorality of acquisition). However, other matters appear to influence the moral strength of the claimants’ claims or the remedy, which they receive. In cases where the claimants or their forbears received post-war compensation the Panel also analyses any potential unjust enrichment of claimants were the object to be returned or monetary recompense awarded. The public interest in the cultural object is also a consideration when determining whether or not to return the object rather than to make a financial award. This paper will analyze how far the Panel’s decisions differ from those which would be based on purely legal considerations (assuming the absence of statutes of limitation) and will make some comparisons with similar panels set up abroad to deal with the restitution of spoliated cultural objects."

Arthur Properties, of Luxembourg, claims that Anatoly Bekkerman and his ABA Gallery conspired "in a multipronged and multifaceted intensive campaign to defraud" it for 18 pieces of 19th and 20th century Russian art, four of which were forged and the others being "of substantially lesser value than Bekkerman had represented." 

"ABA is an art gallery specializing in 19th and 20th century Russian art," the complaint states. "According to its website, 'for over thirty years ABA Gallery has been dealing in the finest examples of nineteenth and early twentieth century Russian painting and sculpture.' 'During that time, the gallery has placed important and rare works of art in major public and private collections throughout Europe and the United States.'" 

Arthur Properties claims that Bekkerman schemed with others, including his own daughter, to defraud Arthur's buying agent, Oleksandr Savchuk, for the "series of paintings purported to be by famous Russian artists."

"The market for works of art and objects that are acquired using illegal methods has much more than a passive effect on conflict and social disorder in situations of stress around the world. Examples of the influence of the market on behavior at the local level will be used to illustrate how looting and theft actively contribute to instability and in some cases disintegration of the community fabric at the local level. Likewise, there are also examples where measures to prevent art crime offer valuable support and potential partnership for the hard work required when the goals are conflict resolution, social order, and stability."

"This paper explores the problem of frauds and fakes in the contemporary Australian Aboriginal art market. For Aboriginal people art plays in particular an important spiritual role in portraying the beliefs and traditions of the ‘dreamtime’- events of the ancient era of creation from which have sprung continuing ceremonies and motifs now perpetuated in modern paintings and other art forms. Art has also become a major source of income for many Aboriginal communities and individuals. Thus when the integrity of that art is challenged by allegations of fraud and fakery it is vital to explore the veracity of these claims and the responses made to them. In the paper particular attention is devoted to those responses made through both the criminal and civil systems of justice in Australia. The conclusion is reached that at present the Australian legal system, and its principal actors such as police and prosecutors, are poorly equipped to deal with problematic works in the Indigenous art market- a situation that is probably not unique to Australia and which will take considerable time and far more imaginative and assertive solutions to remedy."

"While laws and regulations such as the 1970 UNESCO Convention may have some influence in protecting against illicit antiquities trading, they do nothing to protect the archaeological record from what I term “historic forgeries.” Historic forgeries were created before the 20th century and, because they have existed for up to a few hundred years in museums and private collections, have established collecting histories that the average scholar or collector would not question. This study provides a cursory look at the volume of historic forgeries that lie unknown in the corpus of antiquities and the danger they pose to the archaeological record. This study also proposes that the quiet and successful existence of these historic forgeries is due largely to the social context within which they were created and in which their collecting histories were developed. The examination of several verified cases of historic forgeries is utilized to analyze the contemporaneous contexts of the forgeries and the structures of their collecting histories, and to present possible solutions for ferreting out additional cases."

In December 2007, 96 medals were stolen from New Zealand’s National Army Museum. Included were a number of Victoria Crosses, including one of only three Victoria Cross and bar combinations. Conservatively valued at over $5 million, the theft caused national and international outrage. A privately funded, substantial reward was offered for information leading to the medals’ return. In February 2008, after negotiations conducted with the perpetrators through a lawyer, the medals were recovered and substantial reward payments were made. Subsequently, two men were convicted of the thefts, imprisoned, and the reward payments were recovered. Using this crime as a case study, and referring also to other art and heritage crime reward cases, this presentation will traverse the arguments for and against the payment of ransom or reward in art and heritage crime cases, and legal issues relating to the payment of rewards in different jurisdictions will be considered. Psychological research and the experience gained with, and research conducted in relation to, ransom-seeking pirates off the coast of Somalia, will also be examined.

The academic literature in the field of cross-border policing tends to concentrate exclusively on the high-level crimes—drug trafficking, terrorism, and human trafficking—that are so often the focus of transnational police cooperation in criminal investigations. There are, however, many other types of transnational crime, including the often neglected art crime, which may represent the third most profitable criminal enterprise in the world, outranked only by drug and arms trafficking. Drawing on existing literature and interviews with practitioners, this study provides a comparative overview of the policing efforts on art crime in a number of European Union (EU) member states and examines the relevant policy initiatives of the Council of the EU, Europol, and the European Police College. It also addresses existing practices of and obstacles to police cooperation in the field of art crime in the EU. The study reveals that EU police cooperation in this field occurs among a relatively small group of specialists and that—particularly given the general lack of political and public attention—the personal dedication of these specialists is an indispensable driver in this cooperation.

Despite the fact that Australia and the European Union (EU) have different structures of governance, different histories, and different dimensions, both entities face surprisingly similar problems in relation to cross-border police cooperation. Australia is divided in nine different criminal jurisdictions, each policed by its own police force. As each police force is only competent on its own territory, with the exception of the Australian Federal Police (AFP), problems of border crossing, information exchange and joint investigations arise similar to those in the EU. This paper presents an overview of policing strategies in the field of art crime in Australia and compares existing problems in the EU to Australia. The necessity of legal harmonisation is overshadowed in this particular area by the importance of strong police-to-police cooperation, crucial for intelligence sharing – as it happens in the EU – and the lack of strong cooperation in the Australasian region. Possible avenues of advancing existing cooperation strategies in this particular field will be discussed.