Blog Subscription via Follow.it

March 22, 2012

Joshua Knelman Signed "Hot Art" Tuesday night at Book Soup in Los Angeles

Joshua Knelman speaking at Book Soup
by Catherine Sezgin, ARCA Blog Editor

LOS ANGELES - Journalist Joshua Knelman, author of Hot Art: Chasing Thieves and Detectives Through the Secret World of Stolen Art, spoke before an intimate crowd at an informal book signing Tuesday night at Book Soup on Sunset Boulevard.

Recovering from jet lag after arriving from an international book fair in Beijing where he had spoken to a large crown of English-speaking expats, Knelman, settled into a corner of the bookstore, and pointed out the presence of one of the people featured in his book: Giles Waterfield.

Mr. Waterfield, an Associate Professor at the Courtauld Institute of Art, is currently a guest scholar at the Getty Research Institute (The Artist's and Photographer's Studio).  In 1981, he was director of the Dulwich Picture Gallery in London when on vacation in Scotland he read a newspaper headline "Rembrandt Stolen for Third Time." Rembrandt's Jacob de Gheyn III, nicknamed The Takeaway Rembrandt, had been stolen.  Knelman recounts Waterfield's recovery of the small Rembrandt portrait in Chapter 7 under the title "Headache Art".   

"The Takeaway Rembrandt"
Joshua Knelman was just 26 years old and head of research at the Canadian magazine, The Walrus, when he covered a burglarized art gallery in the Forst Hill section of Toronto.  He soon found himself having coffee at the Caffe Doria in the Rosedale area with the man who would admit to having committed the theft -- a pleasant enough person who tried to manipulate Knelman into accepting the stolen property.

One of the questions raised to Knelman from the audience was the question of legacy -- the recent murder conviction of former Detective Stephanie Lazarus, whom Don Hrycyk on the Los Angeles Police Department's Art Theft Squad had been training to succeed him in 2009 at the time of her arrest, brought up again the issue of who will continue the work of Hrycyk.  Knelman said that the LAPD has not yet found a successor and that Hrycyk is currently working without a partner.  "Detective Hrycyk, with 39 years on the LAPD, is the 8th most senior officer of 10,000 police officer," Knelman said.  "Although there is no retirement age in the LAPD, it will take years for Hrycyk to train someone."

Another question asked was as to why there were so few art crime squads in North America.  "The units are in the secondary markets of Los Angeles and Montreal and not the primary art markets of New York City and Toronto," Knelman said.  "Clearly there should be one in New York.  Recovery rates increase when detectives have the time to spend getting to know the art community, building trust with the art dealers and collectors.  Unlike other property crimes, recovery of artworks may take decades."

And where does the stolen art go? asked another person.  "That is the billion dollar question," Knelman said.  "There are two separate categories.  The very famous stolen masterpieces can be used as currency, but the other stolen artworks, 95% of the stolen art which is valued at less than $100,000 or even $25,000, is laundered back into the art market, stolen in Los Angeles, sold in New York and displayed in Vancouver."

Knelman will be discussing his book, Hot Art, tonight at 8 p.m. at The Flag Art Foundation in New York City.  You can read more about his book here on the ARCAblog.

March 21, 2012

FBI Law Enforcement Bulletin, March 2012: Noah Charney, Paul Denton, and John Kieberg on Art Theft

"Protecting Cultural Heritage from Art Theft" is an article by Noah Charney, Paul Denton and John Kleberg recently released in the March 2012 issue of the FBI Law Enforcement Bulletin.
When someone thinks of art crime, a Hollywood image is conjured, one of black-clad cat burglars and thieves in top hats and white gloves. But, the truth behind art crime, one misunderstood by the general public and professionals alike, is far more sinister and intriguing. Art crime has its share of cinematic thefts and larger-than-life characters, but it also is the realm of international organized crime syndicates, the involvement of which results in art crime funding all manner of other serious offenses, including those pertaining to the drug trade and terrorism. Art crime has shifted from a relatively innocuous, ideological crime into a major international plague. 
Over the last 50 years, the U.S. Department of Justice (DOJ) has ranked art crime behind only drugs and arms in terms of highest-grossing criminal trades.1 There are hundreds of thousands of art crimes reported per year, but, despite this fact, the general public only hears about the handful of big-name museum heists that make international headlines. In Italy alone there are 20,000 to 30,000 thefts reported annually, and many more go unreported.2 In fact, even though reported art crime ranks third in the list of criminal trades, many more such incidents go unreported worldwide, rather than coming to the attention of authorities, making its true scale much broader and more difficult to estimate.
You may read the remainder of the article online here which includes a discussion of art police squads around the world (Scotland Yard Art and Antiquities Unit, Italy's Carabinieri Division for the Protection of Cultural Heritage, and the Dutch Art Crime Team).

March 20, 2012

Art Fraudster John Drewe Jailed for 8 Years Following Real Estate Fraud Trial in Norwich

Christine Cunningham reported for the Evening News on March 12 that John Drewe, 64, convicted in 1999 of art fraud, was jailed for eight years after his conviction for fraud by the Norwich Crown Court for stealing 240,000 sterling pounds from a retired music teacher in an attempt to steal her home and life savings.  You can read the article here.


Ms. Cunningham writes that the court heard that Drewe had been convicted more than a dozen years ago of "conspiracy to defraud, forgery and theft, involving a major art fraud and was jailed for six years."


Andrew Levy for the Daily Mail reports that Drewe used the stolen money to purchase luxury cars and "to pay off his son's debts":

Drewe had been jailed in 1999 for masterminding one of the biggest art frauds of the century. He made £1.8million by commissioning paintings and passing them off as rediscovered works by major artists.
Using the forgeries made by John Myatt, Drewe sold 200 fake original artworks. John Myatt, who's own website claims Myatt "was involved in the biggest art con in the UK", now sells "legitimate fakes" and claims his life will be the subject of movies and television shows.

Noah Charney wrote about John Drewe's activities in the Fall 2010 Journal of Art Crime in his column Lessons from the History of Art Crime "The Art World Wants to be Deceived: Issues in Authentication and Inauthentication":
John Myatt and John Drewe created false documents to act as provenance for the forged paintings they created, and then inserted them into real archives, so that diligent researchers would "discover" them and link them to the forged paintings.

At ARCA's International Art Crime Conference in Amelia last summer (2011), Peter Watson, author of numerous books including The Medici Conspiracy and Sotheby's the Inside Story, in a discussion titled "Some Unpublished and Unpalatable Details about Recent Art Crimes", said that John Drewe had once been suspected of burning down a house that killed a Hungarian lodger.

If John Drewe serves his full jail sentence, he will be able to pursue other opportunities at the age of 72.

March 19, 2012

Monday, March 19, 2012 - No comments

Greece, ARCA and the Art Market

Vanja Stojanovic, a terrific student at the University of Guelph put together this short interview after the ARTHattack! conference where I talk a bit about ARCA, the current situation in Greece and the art market:

March 18, 2012

St. Patrick's Day Celebrations Provided Distraction for the Robbery of the Isabella Stewart Gardner Museum in 1990

Rembrandt's The Storm on the
 Sea of Galilee
is his only seascape.
by Catherine Sezgin, ARCABlog Editor

The Boston Globe highlighted the 15th anniversary.  PBS News hour noted the 20th anniversary (along with numerous other media outlets). Anthony Amore, the security director of the Isabella Stewart Gardner Museum, has his contact information plastered on the museum's website to collect the lastest leads on the masterpieces stolen from Boston on St. Patrick's Day weekend in 1990.  Despite all these efforts and a $5 million reward for information leading to the recovery of stolen paintings by such recognizable artists as Rembrant and Vermeer, empty frames continue to save the spaces on the walls from where these masterpieces were hung by their benefactor.

In 2009, Ulrich Boster published a book, The Gardner Heist: The True Story of the World's Largest Art Theft and a year later the Federal Bureau of Investigation used billboards to get the public to help solve the mystery of the largest art theft in American history.  The thieves removed works of art highlighted by Vermeer's The Concert; Rembrandt's A Lady and Gentleman in Black; Rembrant's The Storm on the Sea of Galilee; Rembrandt's Self-Portrait; and Govaert Flinck's Landscape with Obelisk, and Manet's Chez Tortoni. You may view the images of the missing art on the website of Stolen the Film, Rebecca Dreyfus' documentary highlighting art detective Harold Smith's efforts and obsession to find the paintings.

Just after midnight, St. Patrick's Day celebrations in America's most Irish of cities provided cover for two unarmed men to enter the Isabella Stewart Gardner museum dressed as police officers and to leave 90 minutes later with 13 stolen items worth more than $300 million.  Unconditional immunity offered to anyone who helps locate or recover these paintings.

March 17, 2012

The Journal of Art Crime, Fall 2011: Q&A with Sandy Nairne, author of "Art Theft and the Case of the Stolen Turners"

In the Fall 2011 issue of The Journal of Art Crime, editor Noah Charney reviews Sandy Nairne's book, Art Theft and the Case of the Stolen Turners (Reaktion 2011):
Sandy Nairne is a busy man. He is director of London’s National Portrait Gallery, lectures widely on art history and his latest area of interest, art theft, and has a new book out, Art Theft and the Case of the Stolen Turners (Reaktion, 2011). And the subject of his book will show you just how busy he was—for he is largely responsible for the recovery of two J.M.W. Turner paintings from the Tate collection that were stolen while on loan at an exhibition in Frankfurt. 
Sometime before 10pm on 28 July 1994, thieves broke into the Schirn Kunsthalle in Frankfurt and grabbed two Turner paintings (Shade and Darkness and Light and Color) as well as a Caspar David Friedrich painting (Nebelschwaden) as they hung on display. The thieves waited for the security staff to leave the gallery, closing it for the night. They bound and gagged the night watchman, but he managed to struggle free and alert the police around 10:45pm. 
It is not clear if the primary motivation was ransom or whether that was secondary after a failed attempt to find a buyer, but in October 1999, five years after the theft, a lawyer was contacted to act as a go-between in an attempt to negotiate the return of the pictures. Links to the Balkan Mafia were strongly suggested. Two members of the Metropolitan police force were involved in the ultimate recovery of the paintings, nicknamed “Operation Cobalt.” Four individuals were arrested one year after the theft, but it took many years to recover the paintings.

Noah Charney is the Founder and President of ARCA and the Editor-in-Chief of The Journal of Art Crime. Recently a Visiting Lecturer at Yale University, he is currently Adjunct Professor of Art History at the American University of Rome. He is the editor of ARCA’s first book, Art & Crime: Exploring the Dark Side of the Art World (Praeger 2009). His latest book is The Thefts of the Mona Lisa: On Stealing the World’s Most Coveted Masterpiece (ARCA Publications 2011).

You may read the entire review by subscribing to The Journal of Art Crime.

March 16, 2012

CNBC's "American Greed" on "Fine Art: Portrait of Fraud -- the story of Kristine Eubanks, Jimmy Mobley and "Fine Art Treasures Gallery" and Certificates of Authentication

By Angela Kumar, ARCA Class of 2011

CNBC’s American Greed aired Fine Art: Portrait of Fraud at 10 p.m. on Wednesday night.   This episode told the story of Los Angeles entrepreneur Kristine Eubanks, owner of Finer Image Editions, who in 1995 used the then-new technology, the glicée printer, to reproduce artworks and sell them to Princess Cruise Lines. Eubanks later launched “Fine Art Treasures Gallery”, a nationally televised auction of “rare” and “authentic” artworks advertised as signed by artists such as Rembrandt, Picasso, Chagall and Dali, all offered at a fraction of their market value. Eubanks along with her husband and auctioneer, Jimmy Mobley, duped thousands of viewers and scored millions on fake artworks.

Los Angeles Police Department's Art Theft Detail Detective Don Hrycyk and the FBI’s Art Crime Team Special Agent Christopher Calarco are interviewed.

A preview of the program, as well as “extras” including videos of Detective Hrycyk speaking about forged Certificates of Authenticity and Special Agent Calarco explaining how the Bureau’s Art Crime Team was created, can be found here.

Additional episodes related to art crime can be found on CNBC’s website and include the following:

Season 1
Two Maxfield Parrish paintings -- worth $4 million -- vanish into the night!
A museum quality art collection worth more than $4 million dollars is stolen!

Season 2
A dark night. A clever plan. $300 million in art is stolen from a Boston museum. Paintings by Rembrandt, Vermeer and Manuet disappear into the night!
Enter the mysterious world of art fraud. An elaborate sting operation exposes Dr. Vilas Likhite....a doctor stripped of his medical license who begins a new career as a con man selling fake art treasures!
He's an art collector, the former chairman of Sotheby's and a convicted felon. Alfred Taubman takes us inside the price-fixing scandal at Christie's and Sotheby's.

March 15, 2012

The Journal of Art Crime, Fall 2011: Noah Charney on The Art We Must Protect: Top Ten Must-See Artworks in Florence

In the Fall 2011 issue of The Journal of Art Crime, Editor-in-Chief Noah Charney features 10 artworks to protect in Florence: Michelangelo's David; Verrochio's David; Donatello's Mary Magdalene; Pontorno's Capponi Altarpiece; Bronzino's Chapel of Eleonora di Toledo; Giambologna's The Appenine; Michelangelo's Laurentian Library Steps; Masaccio's Holy Trinity; Cellini's Perseus; and Perugino's Pazzi Chapel Altarpiece.

Noah Charney is the Founder and President of ARCA and the Editor-in-Chief of The Journal of Art Crime. Recently a Visiting Lecturer at Yale University, he is currently Adjunct Professor of Art History at the American University of Rome. He is the editor of ARCA’s first book, Art & Crime: Exploring the Dark Side of the Art World (Praeger 2009). His latest book is The Thefts of the Mona Lisa: On Stealing the World’s Most Coveted Masterpiece (ARCA Publications 2011).

March 14, 2012

Joshua Knelman Launching "Hot Art" at The Flag Art Foundation in New York on March 22

by Catherine Schofield Sezgin, ARCA Blog Editor

"Interpol and UNESCO listed art theft as the fourth-largest black market in the world (after drugs, money-laundering, and weapons).  But what did that mean? ... one point was clear: don't look at the Hollywood versions of art theft -- the Myth.  This is a bigger game, with more players, and the legitimate business of art is directly implicated.  A lot of the crimes are hidden in the open.  Stealing art is just the beginning.  Then the art is laundered up into the legitimate market, into private collections, into the world's most renowned museums." -- excerpt from Joshua Knelman's Hot Art

Toronto journalist Joshua Knelman, author of Hot Art: Chasing Thieves and Detective Through the Secret World of Stolen Art (Tin House Books, 2012), will launch the American Trade Paper version of his  book from 6 to 8 p.m. on March 22 at The Flag Art Foundation in New York.

Knelman’s four year investigation of stolen art began with a local story about a burglary at a gallery in Toronto and ended with an international perspective. His nonfiction book begins in Hollywood in 2008 with the Art Theft Detail of the Los Angeles Police Department in a ride along with Detectives Don Hrycyk and Stephanie Lazarus who are investigating the robbery of an antiques store on La Cienega Boulevard.  Knelman immediately contrasts the meticulous and steady work of the police (he describes Hrycyk working art theft cases "with the patience of a scientist") with the images of glamorous heist movies such as The Thomas Crown Affair (1999).

In the first two chapters ("Hollywood" and "Law and Disorder") he links organized crime with art theft: the Los Angeles District Attorney's office had identified an Armenian gang for the antique-store job on La Cienega. In the second chapter, Knelman describes his coverage for The Walrus, a Canadian magazine, on a burglary at a small art gallery in 2003 and how the thief threatened him, tried to hand over stolen property to him, and then tries to educate him "about how art theft worked as an industry" as a way of distracting Knelman for the thief's own crimes:
He discussed how poor the security systems were at most of the major cultural institutions and of course at mid-sized and smaller galleries.  That made his job easier.  So there was that angle -- art galleries and museums weren't adequately protecting themselves against pros like him. 
Then he veered in another direction. 
"Okay, this is how it works," he said.  "It's like a big shell game.  All the antique and art dealers, they just pass it around from one to another."  He moved his fingers around the table in circles and then looked up.  "Do you understand?" He looked very intense, as if he had just handed me a top-secret piece of information, but I had no idea what he meant.  What did art dealers have to do with stealing art?  But our meeting was over.
Knelman published an article in The Walrus in 2005, "Artful Crimes", about international art theft.

In his book, Hot Art, Knelman meets cultural property attorney Bonnie Czegledi (author of Crimes Against Art: International Art and Cultural Heritage Law (Carswell, 2010) who introduces him to the roles of Interpol; the International Council of Museums; the International Foundation for Art Research (IFAR) and the Art Loss Register.  Knelman traveled with Czegledi to an International Council of Museums conference in Cairo, at his own expense, getting shaken down by a conference organizer for additional hotel fees above and beyond what he had agreed to pay the hotel manager.  Knelman meets Canadian police officer Alain Lacoursière and speaker Rick St. Hilaire, then a county prosecutor in New Hampshire who lectured on the impact of art theft in the United States and "knew a lot about the impact of art theft on Egypt." He visits the Egyptian Museum in Cairo with St. Hilaire and provides a great history of the collection and Napoleon's visit in the 19th century.

Knelman provides a personal account, both thrilling and dangerous, and admirable.  The book contains primary information for research into the black market of art, including a few chapters with an art thief, Paul Hendry, in England.

The book also provides a detailed profile of Don Hrycyk at the LAPD and the history of the Art Theft Detail, beginning with the work of Detective Bill Martin and includes information about Hryck's investigation of a residential art robbery in Encino in 2008; other cases ("his work was the most detailed example I found of a North American city interacting with the global black market"); a tour of the evidence warehouse which included fake art that had been the subject of a string operation into a Dr. Vilas Likhite; and an anecdote of an attempted theft at an unnamed major museum under renovation in Los Angeles.  In 2008, Knelman also interviewed artist June Wayne, founder of Tamarind Lithography Workshop (now the Tamarind Institute), who had a tapestry stolen in 1975; Leslie Sacks, owner of Leslie Sacks Fine Art in Brentwood, who discusses security measures and two burglaries; and Bob Combs, director of security at The Getty Center.

Both Hrycyk and Czegledi reference art historian Laurie Adams' book, Art Cop, about New York Police Detective Robert Volpe, the first detective in North America to investigate art theft full-time (1971 to 1983) after his role as a undercover narcotics cop in the late 1960s in a famous case memorialized in the film The French Connection about a ring of heroin dealers importing the drug from France.

Knelman also interviewed Giles Waterfield, director of the Dulwich Picture Gallery in London when a Rembrandt was stolen in 1981; Richard Ellis, founder of Scotland Yard's Art and Antiques Squad; and Robert K. Wittman, the first FBI agent to investigate art theft full-time, when Wittman was six months away from retirement; and Bonnie Magness-Gardiner from the Art Crime Team at the Federal Bureau of Investigation; and Alain Lacoursière, Montreal police officer investigating art crimes in Quebec, including the unsolved 1972 robbery of the Montreal Museum of Fine Arts.

The book features the anonymous blogger Art Hostage (Paul Hendry) that turns out to be Knelman's source on art theft; Jonathan Sazonoff and his website The World's Most Wanted Art; and Ton Cremers and The Museum Security Network (MSN).

Joshua Knelman will also be speaking at 7 p.m. on Tuesday, March 20, at Book Soup in Los Angeles.

March 13, 2012

The Journal of Art Crime, Fall 2011: Diane Joy Charney reviews Terence M. Russell's "The Discovery of Egypt: Vivant Denon's Travels with Napoleon's Army" and Denon's erotic novel "No Tomorrow"

In the Fall 2011 Issue of The Journal of Art Crime, Diane Joy Charney reviews Terence M. Russell's The Discovery of Egypt: Vivant Denon's Travels with Napoleon's Army (Sutton Publishing Limited, 2005) and Viviant Denon's No Tomorrow (Translated from the French Point de Lendemain by Lydia Davis with an introduction by Peter Brooks, New York Review Books, 2009):
Does the name “Denon” ring a bell? Perhaps it would if you are the sort of Louvre visitor who has gazed up at the inscription “Pavillon Denon” on the Louvre’s façade, or who notices, en route to the “Mona Lisa,” to “The Winged Victory of Samothrace,” and to Michelangelo’s Slave sculptures, that you are walking in the museum’s “Denon Wing”. Or maybe you are a connaisseur of erotic literature who knows about the new dual-language edition of “No Tomorrow,” a work attributed to Denon that has recently garnered attention in literary circles. Just who could this chameleon-like Denon fellow be? 
Known as “Napoleon’s Eye,” as well as a lover of the Empress Josephine and eventual director of the Louvre, Denon was a man of many talents. Writer, artist, collector, adventurer, archeologist, tastemaker, and charming courtier, he could metamorphose into whatever role was required of him. 
Readers of Terence Russell’s scholarly, authoritative text will get to know the colorful Denon as an intrepid artist able to sketch rapidly under fire who was selected to accompany the French troops on their Egyptian campaign. In addition to his drawing skills, however, Denon paints with his words keen observations about the land and culture he encounters. Denon’s illustrated record of what he saw in Egypt is here made available to the non-speaker of French, through Russell’s well-chosen quotes and drawings. Russell’s paraphrasing and commentary, although sometimes more dry than Denon’s own words, add a necessary framework to the story. 
It is thanks to Denon that so many Egyptian artifacts made it safely to Paris, where as a result of his efforts, the wonders of Ancient Egypt began to be known and appreciated. Without Denon, today’s Louvre would not be the treasure house that it is. To those interested in art crime, however, there is another facet to Denon’s far-reaching influence and collecting style. 
As an immensely likeable master courtier, Denon was able to put a positive spin on what amounted to Napoleon’s looting of the art of countries where he waged war. Under Bonaparte, the appropriation of art became standard policy. In praising Napoleon for his heroic efforts to “conserve” great art in the face of “the torment of war,” Denon lauds a policy that would later be copied by Hitler, whose wholesale confiscation of art was touted as an effort to “protect” it. 
Now how does the reader put together the Denon who drew for sixteen hours straight through eyelids bleeding from the windblown sand, with the author of the 30-page erotic classic, “No Tomorrow,” which according to one reader, should be next to “titillating” in the dictionary? Although Denon was known to have talent for pornographic art, it may be quite a leap from that to authoring what Good Reads calls “one of the masterpieces of eighteenth-century literature, a book to set beside Laclos’ ‘Les Liasons Dangereuses.’”
Diane Joy Charney teaches French Literature at Yale University, where she is also Tutor-in-Writing and the Mellon Forum Fellow of Timothy Dwight College.

You may read the entire review by purchasing a subscription to The Journal of Art Crime.

March 12, 2012

The Journal of Art Crime, Fall 2011: Q&A with Stuart George, expert on fine wines

In the Fall 2011 issue of The Journal of Art Crime, Editor-in-Chief Noah Charney interviewed Stuart George, a UK-based writer, art historian, and expert on fine wines -- one of his recent articles was an analysis of what wines appear in Vermeer paintings.  The Journal of Art Crime interviewed him about the art of wine, and the crimes committed in the wine world.

Noah Charney is the Founder and President of ARCA and the Editor-in-Chief of The Journal of Art Crime. Recently a Visiting Lecturer at Yale University, he is currently Adjunct Professor of Art History at the American University of Rome. He is the editor of ARCA’s first book, Art & Crime: Exploring the Dark Side of the Art World (Praeger 2009). His latest book is The Thefts of the Mona Lisa: On Stealing the World’s Most Coveted Masterpiece (ARCA Publications 2011).

March 11, 2012

FBI Arrests Collector in Wine Fraud After Investigation by the FBI Art Crime Team

LOS ANGELES - Museum Security Network disbursed the headline, "FBI Art (?) Crime Team - Wine collector accused of fraud, trying to sell fake French vintages." According to an article on The Los Angeles Times blog by Andrew Blankenstein, a resident of Arcadia, a suburb in the San Gabriel Valley, was arrested March 8 "by FBI agents assigned to the Los Angeles office after a years-long investigation by the FBI Art Crime Team".

The FBI's National Stolen Art File Search categorizes objects from "Altar" to "Wine Cooler" and includes traditional fine art (paintings, watercolors) and other valuables such as musical instruments, guns, prayer mats, and even ice pails.  The FBI's Top Ten Art Crimes range from Iraqi Looted and Stolen Artifacts to Theft from the E. G. Bührle Collection, Zurich.

In the fourth issue of The Journal of Art Crime (Spring 2011), James Charney reviewed The Billionaire's Vinegar (Three Rivers Press, New York, 2009) which discusses the issue of authenticating fine wines.

In the most recent issue of The Journal of Art Crime (Fall 2011), Noah Charney interviews Stuart George, an expert on fine wines, and the crimes committed in the wine world.
Noah Charney: How frequently do you suspect that fraud takes place in the world of high-priced wines? 
Stuart George: Leaving aside the 1787 Lafite mentioned above in "The Billionaire's Vinegar), I have never knowingly seen a “genuine fake” bottle of fine wine. Nonetheless, merchants’ and auctioneers’ outrage at fake wine is like Claude Rains’ shock at learning that there was gambling at Rick’s place in Casablanca. Anything that is valuable is in danger of being faked. 
More attention is being paid to preventing fraudulent wine than ever before, which suggests that as the Hong Kong/China market has gone supernova, the amount of fakes and forgeries being sold has increased significantly.According to some sources, fake wines flow in and out of Hong Kong like the cheap and illegal Irish reprints of books that allegedly flooded the British market in the eighteenth century. I was told that China’s government officially deplores the country’s inexorable production of fakes but in practice turns a blind eye.

March 10, 2012

FBI - Dallas Office Reports "Husband and Wife Plead Guilty to Roles in $3 Million Fraud Scheme Using Art as Collateral"

On March 7th the Dallas office of the Federal Bureau of Investigation released a statement: "Husband and Wife Plead Guilty to Roles in $3 Million Fraud Scheme Using Art as Collateral":
[Eugenio D.] Leo, 30, pleaded guilty to one count of wire fraud and faces five years in prison and a fine of up to $250,000 or twice the loss to the victims.  [Jody L.] Meyer, 46, pleaded guilty to one count of mail fraud and faces a five-year term of probation and a fine of up to $250,000 or twice the loss to the victims.  Both Leo and Meyer, who now reside in Harwood Heights, Illinois, will remain on bond pending sentencing, which is set for June 20, 2012 before Judge Kinkeade [Northern District of Texas].
In 2004, according to the FBI, the husband, a commodities broker, asked two clients to "invest their money by making short-term loans to museums in Europe." The FBI press release reports:
These loans would be secured by pieces of artwork worth significantly more than the loan value.
According to the FBI, the broker falsely reported to the client that the loan had been repaid with interest, used the original funds buy artwork, and resold it at a profit to himself.  The broker's wife falsely represented that her husband owned the artwork so that he "could obtain a loan (using the art as collateral) from the Art Capital Group for approximately $300,000", reported the FBI.

The Art Capital Group is the company that loaned money to photographer Annie Leibovitz against her work.  Felix Salmon of Reuters discussed the companies lending practices in 2009 here.

March 8, 2012

Thursday, March 08, 2012 - ,, 3 comments

Former LAPD Art Crime Investigator Lazarus Found Guilty of the First Degree Murder of Sherri Rae Rasmussen almost three decades later

by Catherine Schofield Sezgin, ARCA Blog editor

LOS ANGELES - A murder committed before DNA samples were used in court to convict ends in a guilty verdict due to the hard work of the Cold Case Homicide Unit for the Los Angeles Police Department.

Betsy A. Ross, Owner of the Trial and Tribulations (T&T), which has been covering People v. Stephanie Lazarus, reported a few minutes after 2 p.m. on Thursday:
"GUILTY OF FIRST DEGREE MURDER
Stephanie is facing 27 years to life." 
The former art crime investigator for the Los Angeles Police Department, Stephanie Lazarus, was found guilty after a four week trial for the 1986 murder of Sherri Rae Rasmussen, the wife of Lazarus' former boyfriend.  The jury deliberated for about two days.

'Jealousy drove LAPD detective to kill woman, prosecutor says, ran the headline on the Los Angeles Times blog.

Twenty-six years ago last month,  29-year-old Sherri Rasmussen, a nurse, was found dead in the Van Nuys apartment she shared with her husband, John Ruetten, three months after their marriage. The six-foot tall Rasmussen had fought her assailant until shot three times in the chest with a .38 caliber gun. [Matthew McGough wrote "The Lazarus File" for The Atlantic Magazine in June 2011 that details the forensics involved in the case.]

Ross of T&T summarized the investigation which is covered extensively in McGough's Atlantic article:
It was Detective James Nuttal of the Van Nuys Homicide Unit that looked at the case with fresh eyes in early 2009 that eventually led to her [Lazarus] arrest.  The Cold Case Squad realized there was DNA and got that tested in 2005.  It wasn't until the file ended back up at the originating station and out of the Cold Case Unit's hands that the file was opened once again.
A time line of the case is offered here by streetgangs.com, including information that Lazarus, now 51, met Ruetten when they were both students at UCLA in 1978 and dated before Ruetten met his wife in 1985, then again three years after Rasmussen's death.  According streetgang.com's time line "from investigation to People v. Stephanie Lazarus",  Lazarus purchased a .38 Smith and Wesson Revolver in 1984 and reported it stolen within two weeks after Rasmussen's murder.

Detective Lazarus, a police officer at the LAPD since 1983, worked on the nation's only full-time police squad dedicated to the prosecution of art crimes and recovery of art, LAPD's Art Theft Detail, until her arrest in 2009 when a DNA sample from Lazarus' discarded drink cup was allegedly matched with  the DNA of a saliva sample from a bite mark left on Sherri Rasmussen's arm.  Lazarus, in jail since her arrest, retired from the LAPD before her trial.

Closing trial arguments began on the morning of Monday, March 5, and lasted more than two days before the jury received its instructions.  Lazarus will be sentenced May 4, on her birthday.

For more details on the trial, consult Sprocket & Company's Trials and Tribulations.

Lecture: Former LA Times Reporter Anne-Marie O'Connor Discussed Maria Altmann's Tale of Recovering Five Klimt Paintings from Austria at the Skirball Center in Los Angeles

by Catherine Schofield Sezgin, ARCA Blog editor

Los Angeles - Tuesday night, across from the 405 Freeway where Bill Cosby's son Ennis was murdered while changing a tire in 1997, dozens of people were refused admittance to the lecture hall at the Skirball Center where Washington Post Correspondent Anne-Marie O'Connor was set to discuss her book, The Lady in Gold: The Extraordinary Tale of Gustav Klimt's Masterpiece (Knopf, 2012).

The Skirball Cultural Center, located just north of the Getty Center in Brentwood, is a difficult to reach institution so when people who had stood in line with reservations were refused admittance, you could hear stringent complaints to Zócalo Public Square that overbooked the free event.  Some people bought the hardcover copy of the book from the representative from Book Soup, who was redacting words on recycled paper to write poetry, and others left for dinner.  It's not easy to drive in evening traffic through either San Fernando Valley or Los Angeles on $5/gallon gas to be turned away from a must-see event.

I am telling you all of this so that you can understand the overwhelming interest in this fascinating book that Ms. O'Connor diligently worked on for years and quickly direct you to more efficient coverage of the material.  This is the story of life in Vienna before and during World War II; the beautiful Adele Bloch-Bauer, the subject of the painting; and the artist, Gustav Klimt, who grew up in poverty because his father couldn't make enough money engraving in gold.  O'Connor writes of the theft of the painting from the Jewish family that owned it, how the anti-Semetic government hid the identity of the portrait sitter, and Randy Schoenberg's stubborn fight for Adele's niece, Maria Altmann, to regain ownership of her family's paintings more than 50 years after the Nazis had stolen them.

Zócalo Public Square has posted a review of the lecture, photos and a video of the event here
KPCC's recent interview with the author is here; and you can read a book review in the Christian Science Monitor about this "epic" story.

March 7, 2012

Smithsonian Institute's National Conference on Cultural Property Protection at The Getty Feb. 27-29

by Catherine Schofield Sezgin, ARCA Blog Editor

The Smithsonian Institution’s National Conference on Cultural Property Protection was held February 27 through 29 at The Getty here in Los Angeles.

The first day at The Getty Center in Brentwood, which I missed, included presentations titled “Domestic Terrorism” (Jim McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office); “Year-in-Review” (Bob Combs, Director of Security at The J. Paul Getty Trust); “Natural Disasters” (Dr. Lucy Jones, US Geological Survey); “FBI Art Theft Update” (FBI Special Agents Miguel Luna and Elizabeth Rivas); “Fire Protection: Emerging Technology” (fire protection consultant Debbie Freeland & Danny McDaniel, Director of Security at the Colonial Williamsburg Foundation); “Priceless: Undercover Rescue of Stolen Treasures” (Bob Wittman, founder of the FBI’s Rapid Deployment National Art Crime Team).

At Monday’s luncheon, JJ McLaughlin, retired Board Chair/Office of Protection Services Director at the Smithsonian Institution, received an award in the memory of Robert Burke, founder and first director of the Office of Protection Services at the Smithsonian Institution.

The second day of the conference, held at the Getty Villa in Malibu on a beautiful sunny day typical in February in California, began with two early morning presentations, “Safe Heritage in the Netherlands” (Hanna Pennock, Senior Specialist of Safety and Security and Programme Manager of the Safe Heritage Cultural Heritage Agency, Amersfoort, The Netherlands) and “Earthquakes: Reducing the Threat” (Jerry Podany, senior conservator of antiquities for the J. Paul Getty Museum).

I was able to sit in on a few mid-day presentations which are highlighted here.

“Detection of Deviant Behavior”

Emile Broersma, Director of Security & Safety at the Rijksmuseum in Amsterdam, introduced the work of researchers Dianne van Hemert and Maaike Lousberg in the presentation on “Detection of Deviant Behavior.”

The Rijksmuseum, which has been undergoing a decade-long $600 million expansion, has offered limited access to its 1.1 million art objects. It’s collection of 17th century Dutch paintings range from Rembrandt’s wall size “Nightwatch” to numerous small paintings by Vermeer. The renovated Rijksmuseum is scheduled to open in April of next year.

Broersma told the audience of mostly security management from cultural institutions from Europe and the United States that in 2013 the Rijksmuseum expects 2 million visitors a year, a 40% increase over its neighbor and the most visited cultural institution in The Netherlands, the Van Gogh Museum. Broersma said with the economic crisis in Europe that has impacted funding for cultural centers in The Netherlands, he is turning to “intelligence-based security executed by proactive guards” who are trained to recognize a potential threat in advance and to take appropriate action. “I would rather have 10 well-trained officers than 30 traditionally trained officers,” Broersma said.

The new Rijksmuseum will feature a semi-public atrium similar to the Louvre in Paris where people can move around the space without a ticket. Broersma plans to position guards to observe and respond to all types of behavior in this heavily trafficked area and place fewer guards in exhibition areas. Maiike Lousberg initiated the research with the scientific lead, Dianne van Hemert, PhD, both with the independent research institute TNO (www.tno.nl) who conducted scientific research to gather information about museum goers and the qualities sought after in security personnel.

“Deviant behavior is behavior you would not normally expect in a specific context,” Dr. van Hemert explained to the audience. Vandals and thieves may exhibit signs or behavior that might be observed by different people in different places throughout the day, she explained. “We are not going to provide a list because there is no such list, deviant behavior depends on the time, the culture, and the context.”

“It’s never one deviant behavior that indicates something has gone wrong,” Dr. van Hemert said. “It’s a combination of different behaviors.” She explained that flexibility on the part of the security personnel is required to adapt to every situation. “We don’t think of officers as profiling people which is a negative connotation, but as looking for behavior patterns. Vandals will try to hide their behavior but not everything can be suppressed.”

At the same time, observant security guards have to balance the public’s desire to see the collection on display. “All the people have come to look at the collection so it’s easier to see what is normal and what is not normal,” Dr. van Hemert said. She advocated that officers not react so as to intensify the situation, but to engage in “prickling”, or gently approaching the visitor to inquire about intent.

“DHS Resources for Cultural Properties”

William Schweigart, Program Analyst for the Department of Homeland Security Office of Infrastructure Protection, Commercial Facilities Sector Specific Agency, presented “Department of Homeland Security Resources for Cultural Properties.” Mr. Schweigart pointed out free voluntary assessment program and a risk self-assessment tool available at https://rsat.anl.gov. He showed a 4-minute video, “Active Shooter – How to Respond” which will be released shortly. Other sources of information can be found at https://www.rkb.us/saver/ and Commercial Facilities Training Resources at www.dhs.gov/cfsector. He said that “Risk = threat x vulnerability x consequence”; “threat depends on adversary capability and intent”, and responsiveness is assessed.

“Security Planning”

Dennis Ahern, Head of Safety and Security at the Tate Galleries in London, spoke on “Security Planning”. Ahern is also on the Board of Directors of ARCA.

“The public display of art and artefacts carries risk!” read the slide Mr. Ahern produced onstage. “We cannot get rid of risk altogether but we can aim to reduce it.”

His first step in developing a risk assessment in regards to damaging or losing the collection was to ask, “What could possibly go wrong?”

Accidental damage from visitors is more common than a heist: malicious damage (Gerard Jan van Bladeren’s slashing of paintings by Abstract painter Barnett Newman at the Stedelijk Museum in 1986 and 1997) and iconoclasm (imposing a green dollar sign on Malevich’s white painting). [You may read further about vandalism and art on artcrime.net.]

“Art theft is fairly rare and the incidents are relatively low,” Mr. Ahern told the audience. Theft types can be categorized as “stay behind” (when visitors linger after closing); internal (typically small artefacts that are easy to handle and hard to identify); souvenirs (when visitors take portions of contemporary artworks); artworks in transit; snatches; burglar (after hours theft); metals theft (“becoming a real problem with the roofs of historic buildings”); and armed robbery (“this is becoming more of a risk”).

“All of the major art thefts in recent times has involved organized crime,” Mr. Ahern said. “Having artwork is not as hazardous as weapons or drugs and is a good collateral to be used as currency.”

In security surveys, which answer the question ‘what could possibly go wrong?’, Mr. Ahern likes to think about low tech solutions which can be very effective (such as fixing pictures in place with fishing line) and to create distance from the object.

“Security: Finding Balance”

Jim Lucey, Security Director at the National Gallery of Art in Washington DC, spoke on “Security: Finding Balance” which covered his interest in security technology (IRIS Scanners, Thermal Cameras, Portable Instate Identity Verification, digital keys, and Behavioral Analytics Video Surveillance) interesting incidents at the National Gallery of Art in 2011 (Susan Burns' banging of Henry Matisse’s  1919 The Plumed Hat in August and the unexpected earthquake on August 23).

On Tuesday afternoon, two concurrent panels, “Creating an Effective Disaster & Emergency Response Plan” (Matthew Andrus, Mark Pollei, and Julie Williamsen from Brigham Young University) and “TSA Certified Cargo Screening Program” (Dave Burnell, Transportation Security Administration), were followed by “Smithsonian Collections Space & Security” (Doug Hall & Bill Tompkins, both of the Smithsonian Institution).

On Wednesday, the conference concluded with panels by:

“International Committee on Museum Security” (Willem Hekman, Chairperson of the Board of the International Committee on Museum Security under ICOM and UNESCO).  The International Committee on Museum Security (ICMS) was established in 1974 under the International Council of Museums (ICOM).  ICMS has over 140 individual members in more than 30 countries and supports museum security staff worldwide with advice and assistance.

“Designing Effective Training Tools” (Getty staff)

“Google Art Project and Google Goggles” (Diana Skaar, a principal on Google's new business development team).  The Art Project http://www.googleartproject.com is a collaboration between Google and some art museums worldwide to allow users to explore artworks at brushstroke level detail and take a virtual tour of a museum.

“Social Media: Benefits and Risks” (Captain Mike Parker, Los Angeles County Sheriffs Office).

March 6, 2012

The Journal of Art Crime, Fall 2011: Diane Joy Charney reviews Nathaniel Herzberg

In the Fall 2011 issue of The Journal of Art Crime, Diane Joy Charney reviews Nathaniel Herzberg's Le Musée Invisible: Les Chefs-d'oeuvre volés (Nouvelle Edition, 2010):
This handsome edition by “Le Monde” journalist, Nathaniel Hertzberg, begins provocatively: 
“It’s the largest and richest museum in the world— works by Picasso, Renoir, Rembrandt, Monet, Matisse, Warhol, the great Italian Primitives, a whole range of Flemish masters with Vermeer at the top of the list. Also works of sculpture, furniture, rare books, musical instruments, precious timepieces. No period or important artist is unrepresented in this unique establishment, Le Musée Invisible—the greatest museum in the world, but no one can see it. Its collections, stolen over the course of centuries, pillaged from historic sites, taken from museums, churches, chateaux and private collectors, and never recovered.” 
In homage to these missing works, Herzberg has created this imaginary museum. As a backdrop to the works he has chosen for the collection, he paints the strangely diverse world of criminals responsible for the thefts, but especially a world where to steal a work of art is easier than to resell it. 
The above Introduction is actually preceded by an explanation of why a new edition was necessary so soon after the first appeared. As Herzberg explains, “...the May 2010 thefts of five masterpieces from the Paris Musée d’Art Moderne, the most important theft of a French museum in the past quarter century had occurred, and the book made no mention of it.” 
To no one’s surprise, there were other major thefts during the interval between the first and second editions: a Breughel stolen from an art fair in Brussels, an anonymous portrait from a Polish church, a Degas pastel from the Musée Cantini in Marseilles, an anonymous sculpture from a Venezuela museum, a lavishly decorated marble plaque from a Teheran mosque, and an antique statue stolen from a private collection in Copenhagen. In 2009 alone, 1751 works of art were reported stolen in France.
Diane Joy Charney teaches French Literature at Yale University, where she is also Tutor-in-Writing and the Mellon Forum Fellow of Timothy Dwight College.

You may read the full review by subscribing to The Journal of Art Crime.

March 5, 2012

The Journal of Art Crime, Fall 2011: Noah Charney on "Lessons from the History of Art Crime"

In the Fall 2011 issue of The Journal of Art Crime, publisher Noah Charney takes a break from his regular column "Lessons from the History of Art Crime" to include a chapter from his recent book, The Thefts of the Mona Lisa: On Stealing the World's Most Famous Painting.  This is the first book published by ARCA Publications, a new endeavor of the Association for Research into Crimes against Art.  All profits from the print edition of this book, which is available on Amazon, go to ARCA and support ARCA's non-profit activities.  The sample chapter includes the story of Picasso and Apollinaire's involvement in theft from the Louvre.  "While they were accused of having stolen the Mona Lisa, of which they were innocent, they were guilty of the theft of other artworks from the Louvre," Charney writes.

Noah Charney is the Founder and President of ARCA and the Editor-in-Chief of The Journal of Art Crime. Recently a Visiting Lecturer at Yale University, he is currently Adjunct Professor of Art History at the American University of Rome. He is the editor of ARCA’s first book, Art & Crime: Exploring the Dark Side of the Art World (Praeger 2009). His latest book is The Thefts of the Mona Lisa: On Stealing the World’s Most Coveted Masterpiece (ARCA Publications 2011).

You may read this excerpt in The Journal of Art Crime by purchasing a subscription to the journal.

March 4, 2012

The Journal of Art Crime, Fall 2011: General B(a) CC Giovanni Pastore on "Archaeology and the Problem of Unauthorized Excavation in Italy"

In the Fall 2011 issue of The Journal of Art Crime, General B(a) CC Giovanni Pastore writes of "Archaeology and the Problem of Unauthorized Excavation in Italy":

The public follows, with growing and increasingly alarmed attention, news on the destruction of historic sites because of speculation, pollution and even war. In contrast, little consideration is given to the rather serious state of danger in which the world’s archaeological heritage remains as a result of being the target of increasingly frequent episodes of looting at illegal excavations. 
In recent decades these depredations, due to the smuggling of archaeological material on the international arts market, have taken on such a scale that not even the specialists in this sector can assess the value of the losses with confidence. 
What is certain, however, is that the archaeological heritage of many regions of the world is constantly the subject of illegal activities involving not only the physical destruction of looted artifacts, but also the resulting loss of the rich heritage of historical information contained in those archaeological sites, destroyed by the violent action of the excavations themselves. 
The regions most severely affected by this phenomenon are in Central and South America, Italy, the Middle East, China and Turkey, while countries such as Germany, Switzerland and Austria increasingly report on looting at archaeological sites.

General B(a) CC Giovanni Pastore served as Vice- Commandant of the Carabinieri Division for the Protection of Cultural Heritage from 1995 until his retirement in 2011. During that time he was widely considered the world’s finest art policeman, Colonel Pastore commanded the twelve Carabinieri art police divisions within Italy. Pastore was trained at the elite military academy in Modena. He studied art history, law, and security, and excelled in horsemanship. Over his long career, he has been decorated with numerous medals both in Italy, including the equivalent of a knighthood, and by grateful nations abroad, in appreciation for his professional service. He is one of the founding trustees of ARCA.

You may read the complete article by subscribing to The Journal of Art Crime.

March 3, 2012

The Journal of Art Crime, Fall 2011: Paolo Giorgio Ferri Asks "Are Penal Procedures Only a Last Resort?"

In the Fall 2011 issue of The Journal of Art Crime, Paolo Giorgio Ferri asks "Are Penal Procedures Only a Last Resort?" He writes:
It is a share experience that in the art market some publicized and well-targeted penal procedures versus art dealers, auction houses, museum curators and/or others involved in this trade have strong deterrent effects. This happens mostly because of the people interested in and of their high status. And the intensification of investigations in the national and international field, which will very likely lead to the limiting of illegal purchases, especially with reference to those known as the “major purchasers” will be carefully assessed by the professionals who will reduce their demands in proportion to the investigative capacity of the public institutions. 
In this respect, one should recall the Italy’s recent initiatives through the criminal law -considered sometimes as primary tool in the protection of the Italian cultural heritage- which have had an impact on the markets, especially abroad (for instance, these initiatives triggered an ample process of return by U.S. museums, and nowadays Italian cultural items of uncertain provenance are less attractive objects of exchange). 
However, it now behooves me to underline that the adequacy of a given judicial space appears to be of vital importance not only for the cultural heritage of a single nation, but also for all the other countries, -at least- of the same cultural area. It is a known fact that the criminals acting in this sector take advantage of the weak links in the various systems, exporting and even using for the various systems of triangular trading the legal systems most permeable to illegal trafficking. And then from them, sending the cultural objects also to those countries where protection is effective and congruous. In fact, this process of laundering antiquities is highly facilitated by jurisdictions without any or insufficient regulation of the antiquities market, or by failure to enforce the existing legislation.

Paolo Giorgio Ferri is a retired Prosecutor for the Republic of Italy who played an integral role in the return of looted antiquities illicitly exported from Italy and sold to North American public and private collections. He served as the lead attorney for the Museum and the J. Paul Getty Museum and its former curator of antiquities, Marion True. Presently he serves as an international expert in cultural goods juridical problems for the Italian Ministry of Cultural Heritage.

You may read this article via subscription to The Journal of Art Crime.

March 2, 2012

The Journal of Art Crime, Fall 2011: Howard N. Spiegler on the "Portrait of Wally" case

In the Fall 2011 issue of The Journal of Art Crime, Howard N. Spiegler writes of "What the Lady has Wrought: The Ramifications of the Portrait of Wally Case".   This article first appeared in the newsletter of the Art Law Group of Herrick, Feinstein LLP, Art and Advocacy, Fall 2010, Volume 7 and is reprinted with permission.  Herrick, Feinstein represented the Estate of Lea Bondi Jaray, a Jewish art dealer in Vienna who fled for London in 1939 after her gallery was "Aryanized" by a Nazi agent, Mr. Spiegler explains.  He summarizes the case in the first paragraph:

On July 20, 2010, on the eve of trial, the case of United States v. Portrait of Wally, which our firm litigated for more than ten years, was finally resolved by stipulation and order. The U.S. Attorney in Manhattan commenced the case in the fall of 1999 by seizing the painting, “Portrait of Wally” by Egon Schiele (Wally), while it was on loan for exhibition at the Museum of Modern Art in New York. The case has been credited with awakening governments around the world, as well as museums, collectors, and others in the global art community, to the problem of Nazi-looted art almost seventy years after the beginning of the Nazi era in Europe. Although this case will surely be commented on and analyzed for many years to come – including in a documentary film due to be released in the spring – as the attorneys for the claimant in the case, we thought it would be helpful to provide some thoughts from our unique vantage point.

Howard Spiegler is co-chair of Herrick, Feinstein’s international art practice, which includes all aspects of commercial art matters, both in the litigation and transactional areas. He has been involved in several well-known and important litigations brought on behalf of foreign governments and heirs of Holocaust victims and others to recover stolen artwork or cultural property, including the recent recovery by the heir of the famous Jewish art dealer Jacques Goudstikker of over 200 Nazi-looted artworks from the Dutch Government. He has also facilitated recoveries on behalf of the Republic of Turkey of numerous valuable antiquities, the currently pending litigation brought on behalf of the Estate of Lea Bondi Jaray to recover a Schiele painting, “Portrait of Wally”, confiscated by a Nazi agent in Austria in the late 1930’s, and the recently resolved action on behalf of the heirs of Kazimir Malevich, the world-renowned 20th Century Russian artist, against the City of Amsterdam, the Netherlands. This last case resulted in the recovery by the heirs of five Malevich paintings. He received his J.D. degree from Columbia University School of Law in 1974. He serves on the Editorial Board of The Journal of Art Crime and regularly writes and speaks around the world on issues relating to art law.

A copy of this issue may be obtained through subscription to The Journal of Art Crime.

March 1, 2012

Cambodia's Antiquities: Objects on hold pending legal status

A recent article in The New York Times again focused attention on the status of antiquities coming out of Cambodia, a country that changed statehood in the 20th century. Many countries, such as Turkey and Italy just to name two, wrote laws forbidding the export of art or cultural property beginning in the late 19th century and the early 20th century. Turkey, like Cambodia, went from an imperialistic reign to a republic and rules were restated to be reapplied to the new sovereignty.

Tom Mashberg (co-author of Stealing Rembrandts and a veteran reporter on the theft of the 1990 theft of the Isabella Stewart Gardner Museum) and Ralph Blumenthal write in the NYT about the current status of an object from Ankor Wat in "Mythic Warrior is Captive in Global Art Theft" (subtitled "Sotheby's Caught in Dispute Over Prized Cambodian Statue"). Of particular note is research conducted by Cambodian scholar Tess Davis, executive director of the Lawyer's Committee for Cultural Heritage, who believes that a 1925 law that nationalizes Cambodian cultural property. International cooperation and agreement has been sought for more than four decades under UNESCO's 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.

As the NYT reports:
If international legal authorities and American civil courts agree, the law could establish 1925, rather than 1993, as the dividing point after which Cambodian artifacts taken without government permits can be treated as stolen property. Cambodia would still have to prove that the statue was looted after 1925, “a high burden but not an impossible one,” according to Mr. Bogdanos, who agrees the 1925 law “appears to be valid.”
Further information about the sale of Cambodian cultural property through Sotheby's was covered last October on the ARCA blog here.

A recent email from Tess Davis sent to "Friends of Cambodia" requested the assistance for His Excellency Hab Touch, Director General of the Department of Heritage in the Ministry of Culture and Fine Arts (MOCFA) to attend the Tulane-Siena summer abroad law school courses in Cultural Heritage and the Arts in Italy this June. The purpose of the trip, according to Ms. Davis, is to "strengthen Cambodia's understanding of its legal options for protecting its patrimony within the country and repatriating those antiquities already looted and stolen from the country."

ARCA has offered material support to the Cambodian contingent, and has offered studentships to interested individuals from the Cambodian Department of Heritage.

The MOCFA does not have a lawyer or other legal expert on staff, nor is there a single Cambodian attorney working in this subject area, according to Ms. Davis: "This is greatly hindering the country's ability to legally safeguard and recover its cultural heritage." Anyone who would like to provide assistance, is welcome to contact Tess Davis at terressadavis@mac.com.

February 29, 2012

FBI Agent (Retired) Virginia Curry and former Scotland Yard Detective Richard Ellis Will Team Up This Summer to Teach An Art Crime Course at Stonehill College in Massachusetts

Virginia Curry and Dick Ellis holding a painting
 by David Teniers, Peasant Filling His Pipe,  stolen from the
Richard Green Gallery in London.
ARCA supports this short course program as a precursor to our Postgraduate Certificate Program in International Art Crime and Cultural Heritage Protection Program.  Attendees to the Stonehill program will qualify for a fees reduction to ARCA's 10 week program if they attend both programs.  Please contact education@artcrime.info for more information.

Former Scotland Yard detective Richard Ellis and former FBI Agent Virginia Curry will team up to teach "The Fine Art of Crime and Art World Basic Primer" at Stonehill College from July 30 to August 3, 2012 at North Easton, Massachusetts.


Richard Ellis is a professional art crime investigator and a director of the Art Management Group. Based in London he is a former detective with New Scotland Yard, where he founded and ran the Art & Antiques Squad for over a decade.  FBI Special Agent (Retired) and Art Crime Team Investigator Virginia Curry is a FBI certified and highly successful undercover agent/instructor and former FBI Security consultant, now privately licensed by the State of Texas. This is the description for their course:
Presenting our partnership with Stonehill College, in which we take full advantage of the beautiful campus and the rich resources of the greater Boston area we offer participants a "hands on" connection and an exceptional experience of scholarship and professionalism with art.  There will be lecturers on campus each morning focusing on topics which initiate the novice aficionado to the economics of art, provide suggestions for researching their own areas of art interest and of course we will discuss crimes against art and share our first hand international experience, scholarship and current topics in the field. 
In the afternoons we visit several museums, premier art galleries and conduct practical exercises, such as participation in a mock auction at Stonehill, and learn about how auctions are conducted at a major Boston fine art auction house our behind the scenes visit.   We will meet museum professionals who will explain their function in regard to exhibition preparation and curation. We’ll try our hand at solving the most important unsolved museum heist in U.S. history. We will observe how conservation specialists work and how security managers manage the risk of the exposure of their treasures.  We'll speak with the curator of an important corporate collection to see how business collects and presents investment art. We'll experience the culture of Boston from the Red Sox at Fenway Park to the clambakes of Cape Cod.  This unique seminar adventure equips you to pursue your interest in collecting and appreciating art and understanding the diverse crimes against art like none other.


Lunches on site at Stonehill College are included.  Transportation for excursions is included.  Scheduled evening events and socials such as the opening Sam Adams Boston Lager toasting reception, Boston Red Sox game, and the closing clam bake, barring inclement weather or unforeseen emergency, are included.  All basic course materials (handouts, etc.,) are included.  Other evening meals and meals off campus are at personal expense.  Local lodging at a discounted rate is available, which includes breakfast and transportation to Stonehill College and return.  Discounted airfare has been arranged through American Airlines for travelers.
Cost: $2,250. A Deposit of $300 is required to reserve your place by May 1, 2012; balance must be received by June 1, 2012.  Kindly respond early since participation is quite limited.
For more information please contact: mpietrowski@stonehill.edu.

February 28, 2012

The Journal of Art Crime, Fall 2011: Donn Zaretsky's column "Art Law and Policy"

In Donn Zaretsky's regular column, "Art Law and Policy", the attorney asks "When is a citizen not a citizen for purposes of foreign sovereign immunity?" in the Fall 2011 issue of The Journal of Art Crime.

Mr. Zaretsky tries to answer that question in his column:
The case that The New York Times has called “the world’s largest unresolved Holocaust art claim” may provide an answer to that question. In de Csepel v. Republic Of Hungary (10-cv-1261), heirs of the Hungarian banker Baron Mor Lipot Herzog sued in United States District Court in Washington seeking the return of a collection worth more than $100 million. Since the suit is against the Republic of Hungary (and several of its state-run museums, where much of the collection still hangs), the question of foreign sovereign immunity naturally presents itself. The plaintiffs say the doctrine doesn’t apply because the works were taken in violation of international law -- even though it is well-established that a state’s taking of the property of its own citizens cannot violate international law. In a recent decision (issued September 1, 2011), the District Court agreed.
Donn Zaretsky is an art law specialist at the firm John Silberman Associates and a leading name in the art law corner of the legal blogosphere. Zaretsky publishes the Art Law Blog at  and is frequently cited by journalists for his commentary on art-related legal matters.

You may read Mr. Zaretsky's opinion in ARCA's publication, The Journal of Art Crime, by subscribing here.

February 27, 2012

The Journal of Art Crime, Fall 2011: Christopher A. Marinello and Jerome Hasler on "The Flap Over Scrap: Theft and Vandalism in Exterior Sculptures"

In the Fall 2011 issue of The Journal of Art Crime, Christopher A. Marinello and Jerome Hasler look at "The Flap Over Scrap: Theft and Vandalism in External Sculptures". Here an excerpt:
Every morning on their way to the Notting Hill tube many individuals run into (sometimes literally) Nadim Karam's Carnival Elephant sculpture, idly evoking the movement of people around it with it's gently revolving fan, spinning in unison with the whirlwind of activity at the Newcombe Piazza. Last week, however, the fan was not moving: some rascal had indiscriminately broken off one of the blades. The stasis causes many to wonder how and when the watchful elephant will be repaired, following the unholy act of animal cruelty enacted upon it. 
Deliberate damage upon public sculptures and monuments is by no means a modern development. Indeed even medieval morons pried bronze clamps and support bars from inside the walls of Rome’s Colosseum for use elsewhere in the city, owing in part to their own inability to manufacture the building materials they required.
Jerome Hasler is a student of the Courtauld Institute of Art, London.

Christopher A. Marinello had been a litigator in the criminal and civil courts in New York for over 20 years before joining the Art Loss Register as Executive Director and General Counsel. Chris has represented galleries, dealers, artists and collectors and is currently managing US and worldwide art recovery cases for the London based organization. The Art Loss Register is the world’s largest international database of stolen, missing and looted artwork. It is used by law enforcement agencies, the insurance industry, the art market, museums and private collectors, who can commission pre-sale due diligence checks as well as fine art recovery services. Chris serves as the ALR’s chief negotiator and has mediated and settled numerous art related disputes as well as several high-profile Holocaust Restitution claims. He is often asked by law enforcement to take part in clandestine art recovery operations and has participated in numerous international conferences on stolen artistic property. Chris has taught Law & Ethics in the Art Market at New York University SCPS, Seton Hall University and Sotheby’s Institute of Art, Masters Degree Program. He is also a member of Advisory Council of the Appraisers Association of America and Inland Marine Underwriters Association.

February 26, 2012

The Journal of Art Crime, Fall 2011: David Gill's Column "Context Matters" looks at "Compliance and the Antiquities Market

In the Fall issue of The Journal of Art Crime, David Gill, in his column "Context Matters" looks at "Compliance and the Antiquities Market." Here's an excerpt from his column:

Over the years there has been a major change in the way countries have sought to reclaim archaeological material that had been looted. Claims have been made against the background of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This was accepted by the USA in 1984 and by the United Kingdom in 2002. 
Attempts to reclaim material were extended and tended to take time to go through the legal channels. Such disputes included the Kanakaria Mosaics to Cyprus, the Dekadrachm Hoard and the Lydian Treasure to Turkey, and the Aidonia Treasure to Greece. The case of the Sevso Treasure is unresolved as although it was certainly removed from its archaeological context by unscientific means, it has not been possible to confirm where this hoard was found. 
The seizure of the Medici Dossier in the Geneva Freeport (and related photographic archives in Basel and in Greece) has allowed the Italian authorities to adopt a different strategy. Images of objects in a fragmented state or still covered in mud have been an emotive force in the rhetoric surrounding the returns. Museums that were reluctant to negotiate were persuaded that bad publicity could be avoided if discussions about returns were initiated. In one case a major North American museum was shown images in 2005 and less than a year later had arranged to return 13 antiquities to Italy. It was, and is, hard to argue that something was in “an old collection” when the object had been recorded in a distressed state subsequent to the 1970 UNESCO Convention. 
Yet compliance has been reluctant in some quarters. Boston’s Museum of Fine Arts was aware nearly twenty years ago that the torso of a Weary Herakles fit the abdomen and legs of a statue that had been excavated at Perge in southern Turkey. The presentation of a collection history that suggested that the torso had surfaced in Germany in the 1950s was a distraction. The situation was made more complicated as the donors had retained part ownership of the torso. Full title was eventually transferred to the MFA.
David Gill is Head of the Division of Humanities and Professor of Archaeological Heritage at University Campus Suffolk, UK. He is a former Rome Scholar at the British School at Rome. He returned to Newcastle University as a Sir James Knott Fellow where he laid the foundations for Artful Crafts: Ancient Greek Silverware and Pottery (Oxford: Clarendon Press, 1994) written with Michael Vickers. He was appointed Museum Assistant in Research in the Department of Antiquities at the Fitzwilliam Museum, Cambridge where he had curatorial responsibility for the Greek and Roman collections. He then moved to Swansea University where he was Reader in Mediterranean Archaeology. His Sifting the Soil of Greece: the Early Years of the British School at Athens (1886-1919) (London: Institute of Classical Studies, 2011) was published to coincide with the 125th anniversary of the School.