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November 13, 2012

Kunsthal Rotterdam Theft: Private art investigator Arthur Brand suspects Irish gang involved in rhino horn theft last year and last month's robbery


Matisse painting stolen last month from Kunsthal

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Dutch private art investigator Arthur Brand has a theory that ties two seemingly unrelated museum thefts together: the theft of the rhino horns from Rotterdam’s Natural History Museum and last months’ theft of paintings from the Kunsthal Rotterdam.

Mr. Brand, who described himself as “well informed about art thefts in Holland”, introduced himself via the Internet and told me that I could ask former Scotland Yard detective Charley Hill to vouch for his credibility (which Mr. Hill did via email).

In a conversation via Skype, Mr. Brand extended the dialogue begun last month on the ARCA blog by former Scotland Yard art detective Charley Hill in regards to the Kunsthal robbery:
Mr. Hill: My view is that this theft was particularly well organised, done quickly and in the almost certain knowledge that the thieves and what they stole would be long gone by the time the police arrived. Also, the thieves were apparently not opportunists such as the two with a ladder at the Van Gogh Museum in Amsterdam some years ago who smashed a window and took the two pictures nearest the broken glass, nor were they Balkan bandits with machine pistols like the ones who hit the Munch Museum in 2004, or the Buhrle Collection in Zurich a few years ago.


The closest pattern I know is of Irish Traveller raids on art in the 1980s through 2010. The pattern in Rotterdam the night before last was closer to that. See the art crimes of The General as he called himself, Martin Cahill of Dublin. Interestingly, one of Cahill's gang, George Mitchell, known as The Penguin, lives close to Rotterdam where he works in commodities with his Colombian, Russian, Dutch, Brit, Irish and other friends. I wonder if he has a part to play in this? He could do something about getting those pictures back, I'm sure, if any good Dutch police officer not in his pay asked him for some help.
 This is Mr. Brand’s assessment:

George “The Penguin” Mitchell escaped to Holland in 1996 after the murder of Irish reporter Veronica Guerin.  Mitchell lived in Amsterdam and Rotterdam before moving to Morocco a couple of years ago.  He visits The Netherlands to see family and to do business (one of those businesses dealing in Indonesian antiquities).  I thought about what Charley Hill said about The Penguin’s involvement and made some inquiries in the underworld and learned that an Irish connection could very well be possible.

Mitchell, who once worked for the gang of art thief Martin Cahill, is said to know members of  the Rathkeale Rovers, a gang of Irish Travellers (gypsies) suspected of stealing rhino horns from a few dozen museums throughout Europe.  Rhino horns are valued for medicinal purposes in eastern Asia.  Thieves make millions with that but there is more to this group.

The Rathkeale Rovers were linked in 2005 to the theft of the Henry Moore sculpture stolen and melted down for bronze scrap metal.  Irish Travellers were suspected in the 2003 theft of Leonardo da Vinci’s Madonna of the Yarnwinder from Drumlanrig castle in Scotland.  Although the painting was recovered in 2007, the thieves who removed the painting from the home of the Duke of Buccleuch have never been caught.  In 2005, according to rumors and a source in the FBI, Irish Travellers planned to rob the Barnes Foundation in Philadelphia.  I have been told that George Mitchell was connected to Martin Cahill’s associate Martin Foley who is suspected of robbing the Russborough House in 2001 and 2002.

The Rathkeal Rovers were almost certainly at the Natural History Museum in Rotterdam on August 26, 2011 when three rhino horns were stolen.  If you look at this image of the Kunsthal, you can see a building to the left – about five to ten meters away from the art gallery.  This is the Natural History Museum.  If you look back from there, you can see right through the big glass windows of the Kunsthal and see the art displayed.  What I suspect and it’s backed up by a few rumors, the thieves stealing the rhino horns probably figured that this was too good to be true – that they were looking into the worst protected museum in the world.  If you smash a window you are in and you can take 100-200 million euros worth of paintings.  Why steal rhino horn for less than 20,000 euros when we can kick in the glass window and get 100 million?  The rumor in the criminal world is that the Rathkeale Rovers are behind the Kunsthal Rotterdam theft.  One year after rhino horns were stolen from a museum in Rotterdam, another theft occurs at the art gallery just five to ten meters away.  Nobody has brought these two events together even though the Irish Travellers and the Rathkeale Rovers have been linked to art thefts and they are well connected to the old Cahill group known as the world’s best art thieves.  They all know each other.  After the IRA murdered Cahill, part of his gang thought they should go to the Netherlands and Amsterdam is the best place to go if you still want to deal in drugs.  The best art thieves and Irish Travellers live in the Netherlands.  It was even more difficult to break into Natural History Museum than the Kunsthall – you can send in a girl of 10 to steal art from there.  I cannot confirm the rumor that it was an Irish job but I can logically connect the events –- there is only one group right now robbing museums.

Here's the link to an article by Jolande van der Graaf and Robbert Blokland published today in De Telegraf on the Kunsthal Rotterdam theft which we'll discuss in the next post. 

November 12, 2012

Pretoria Art Museum in South Africa robbed

"Street Scene" by Gerard Sekoto was one of the paintings stolen
 from the Pretoria Art Museum
 (City of  Tishwane, Courtesy of The Los Angeles Times' website)
by Catherine Sezgin, ARCA Blog Editor

Three men paid admission to the Pretoria Art Museum, checked to see that the art gallery was empty, then pointed a gun at a museum employee and used a list to steal six paintings worth 15 million South African Rands on Sunday morning -- although one of the paintings was abandoned when it did not fit into the getaway car, a silver Toyota Avante.


Robyn Dixon for The Los Angeles Times identified the painting left behind on the sidewalk as "Two Malay Musicians" by Irma Stern, valued at $1.5 million, the most valuable work taken from the museum.  

"It's particularly distressing to see the increased use of violence in the commission of art crimes," said Chris Marinello, director of the Art Loss Register.  "Let's face it, very few museum security measures can stand up to an armed group of criminals.  The last thing we want to see is airport- like security at museums around the world but it does look like we're approaching that solution.  It's a sad commentary on society."

The museum's closed-circuit television system was not working -- a problem was reported on Thursday, according to a spokesman for the municipality.  The museum's CCTV was repaired Monday morning, Dixon reported.

Found this posted on Art Insure's Facebook Page
The five stolen paintings included work by Irma Stern, Gerard Sekoto, Maggie Laubser, JH Pierneef, and Hugo Naude.

Jon Gambrell of the Associate Press reported from Johannesburg that the stolen art is valued at $2 million in US dollars:
The robbers favored oil paintings in their theft, grabbing a 1931 painting by famous South African artist Irma Stern of brightly colored sailboats waiting against a pier, city spokesman Pieter de Necker said. Other works stolen included a gouache drawing of an eland and bird by South African landscape artist J.H. Pierneef, a pastel-toned street scene by Gerard Sekoto, a thick-stroked oil painting of a chief by Hugo Naude and a picture of a cat near a vase full of petunias by Maggie Laubser.

Conclusions of Interpol's first international conference on counterfeit art

Last month Interpol's first International Conference on Counterfeit Art arrived at a list of "Conclusions" in Lyon.  The conference identified "a rising trend in all forms of counterfeit art, fakes, forgeries and international misattribution of works of art and cultural heritage" causing "significant economic prejudice and non-material damage" by "substantial criminal assets generated by the production and distribution of counterfeit art" due to the lack of awareness and of appropriate national laws and international legal instruments."

The Interpol conference recommended that member countries:
"(1) RAISE public and political awareness of the increasing trend in counterfeit art, fakes, forgeries, and intentional misattribution, and the impact on cultural heritage, the art market and historic and scientific knowledge";  (2) ENFORCE, review and, if necessary, adapt existing national laws to be able to fight the above-mentioned crimes effectively;  (3) CALL FOR counterfeit art to be explicitly included in regional and international laws criminalizing other types of counterfeiting or DEVELOP specific regional and international legislation on this subject;  (4) DEVELOP mechanisms and procedures to fight counterfeit art effectively, if necessary by creating working groups and inter-sectorial commissions;  (5) SUPPORT national  law enforcement agencies in preventing and suppressing the above crimes and in allocating adequate resources;  (6) DEVOTE, where possible; additional efforts and resources to tracing assets generated through the above crimes so as to dismantle the criminal networks involved;  (7) ENHANCE the information exchange on the above crimes through INTERPOL channels, and share experiences and best practices among member countries; (8) DEVELOP AND DISSEMINATE a checklist of precautions to be taken by potential customers to prevent them from acquiring fake objects; (9) DEVELOP AND DISSEMINATE a set of principles for professionals to prevent them from becoming invovled in the commerce of fake objects.
Here's a link to an article published last week in the New York Times: "With rules Murky, Fake Artworks Stay on the Market."

November 11, 2012

Interpol’s International Conference on Counterfeit Art


By Colette Loll Marvin

Recently, I had the honor of being invited to speak at the first ever International Conference on Counterfeit Art, sponsored by Interpol and held in Lyon, France.  The two-day meeting (October 23 and 24), gathered nearly 70 representatives from law enforcement, private institutions and international organizations from 22 countries, and focused on the need for increased information exchange and for enhanced public and government awareness of art forgery and related crimes. This global trade in illicit art runs into the billions of Euros each year.  Link to press release.

The most exciting part about participating in this conference was meeting law enforcement officials from all over the world, many presenting specific case studies about organized art forgery rings they have been successful in stopping and prosecuting. The German police summary of their work on the Beltracchi case was especially impressive! Also, it was important to hear from several artist foundations and artist right’s holders about their ongoing challenge to protect the cultural legacy of modern masters from the dilution caused by the massive influx of forgeries, many from online sources. The economic, legal, aesthetic and scholarly implications of this crime are far reaching.  I presented a lecture entitled “Fakes, Forgeries and EBay” detailing some of the challenges of investigating Internet art fraud.  I was joined by a materials scientist and an art historian from an art forensic laboratory.

This cultural heritage conference culminated with a collective draft of a very specific set of conclusions that the delegates worked together to create and refine.  Ultimately, the collective hope of the delegates is that this rising trend in all forms of counterfeit art, fakes, forgeries and intentional misattributions of art and objects of cultural heritage can be reversed with increased educational awareness and corresponding increases in law enforcement resources dedicated to this specific criminal phenomenon.

November 10, 2012

Eleven year old boy finds and returns stolen painting to artist in British Columbia

Mathew Claxton of the Langley Advance in British Columbia broke the story of an 11-year-old boy who recovered a stolen painting from a neighbor's garage sale.  Artist Reet Herder had 17 artworks stolen from an exhibit at an art gallery in Langley in August 2005.  Matt Hanna, bargain hunter and now probably our youngest art investigator, noticed a painting of sail boats in a cove titled "Harbouring Great Memories".  Hanna Googled it and discovered the painting had been reported as stolen.  I wondered if the boy had used any of the conventional stolen art databases so I too Googled the name of the painting and discovered a website named "Stolen Fine Art", a service of MyArtClub.com so I  emailed one of the website masters, Cam Anderson, who responded to my questions.  This is an excerpt:
The Story of Stolen Fine Art really starts with Reet Herder.  Reet was the first to let us know there was an issue. Reet wrote that she and others had suffered such a devastating loss. I shocked to hear just how bad it was. We always like to respond to artist request for features, or listen to their business issues, and look for ways we can assist. This practice has been wonderful for both the artists and for our development as a service. 
Peter Newell and I put our heads together and figured we could host the images of stolen art as a collection. The MyArtClub site was already set up to host artist groups, so we simply leveraged that as a way to focus on this awful issue.  What we did ask artists for was a police reference number of some kind and police and artist contact information.  We have a form for artists to fill out (available on our website). 
Over the years Reet has been really a founding member of our website and involved in creating the form. Karma has a way doesn’t it? She helped build a service that we host and hope it is of some use to artists, and voila – her art is the one found through the Internet! 
I telephoned Reet to congratulate her on the recovery. Reet is amazed at not only the painting’s recovery but the media attention! “All I did was paint it” she says. This was one of her earlier works, but she was happy with how it had turned out. It was based on a visit to Schooner Cove. The story continues: as might be expected the painting itself was not in the best of conditions. However with luck Reet had prepared to create giclees from this art, and so offered this kind family a giclee in return which they accepted. Reet says “ the giclee’s colours look better”.  She presents it tomorrow to the father at his work.
About us: My wife Heather Anderson and a neighbour Terry Newell, both artists, thought their husbands should get together and do websites for artists.  I was studying Internet Marketing and had many years in Sales and Marketing, and Peter Newell had many years in computer software and project management.
We created the site to be a fair deal. We believe artists deserve assistance with business issues, and we wanted on our part to give back to our community using our skills. Also we found and still do find so many who offer help to artists seem to be out to gouge them. Maybe that is reality – you have to charge high prices to survive, but as we have jobs, we don’t. But look at this example: in the year 2000 a company offered my wife an artist website with 10 images for $1,000. At the time too, most artist websites were static, artists had to repay the site creators to change an artwork. We wanted to fix that.  So we kicked off MyArtClub.Com in year 2000 ( such an early time! Artists then had no digital cameras, and used scanners to create images for their sites).
We set out to launch a service for what is now $45 per year that gives amazing value for an artist website. We had to follow our artist’s wives directive – they should be able to change anything they wished, anytime, instantly. In other words, be in total control.  However, just having a website is not the answer. You need traffic.  We advise artists what they can do to build traffic, and have through newsletters and our blog tried to keep them informed about ideas and opportunities.
We felt a “portal” into the art world would help visitors see more art, and drive traffic to artists’ sites. And yet we provide each artist a standalone website. We thought the name MyArtClub fit as we are here to help both artist and art patrons connect. We also know that many artist belong to collectives, sometimes called clubs although many feel that is a little beneath the professional artist. We decided MyArtClub even if controversial had the right motivations, and buyers liked the name, so we launched it.
While we appear to be local to BC, in fact we have artists who have posted art from all over the world. Some load a free 3 images, so they can link from our portal back to their website. It is our form of links. Others sign up for an artist website, we have many across Canada and some in UK, Australia, Europe even Asia. Sadly we have had very little take up in the USA. We have really not tried hard, but I think the out of country aspect maybe an issue. Anyway, big opportunity when retired!
We are here to help artists with their Internet marketing.  We give free presentations on what artists need to know.  We host a large database which we advertise to increase artists chances of being found online. We have researched the customer base to help our artists understand the who, what, where, when and why of art buyers, and we give this report free to all who ask.  All this and so far we have not taken a single dollar of commissions.
Either we are crazy, or we really do just want to help artists progress with their business.  

November 9, 2012

UCLA & UC Irvine: Two-day program in Southern California showcases international research on Afghanistan's archaeology and history

Oxford Classics lecturer Llewelyn Morgan, and author of The Buddhas of Bamiyan, spoke yesterday afternoon in Los Angeles at the first of a two-day program at UCLA and UC Irvine, "Beyond the Bamiyan Buddhas: Archaeology and History in the Modern and Ancient Persianate World".

Here's a link to the Thursday program at Bunch Hall in Westwood and here's another link to the program in Orange County today.  You will notice that the program uses the image of the Buddhas on a postage stamp printed in London for "Postes Afghanistan" (an Afghan banknote in 1939 showed a panoramic image of the Buddhas of Bamiyan).

Dr. Morgan, interviewed here on the blog last summer, was the keynote lecturer with "Oxus: Bamiyan, Afghanistan and the World", highlighting visitors to Bamiyan in the 19th century who saw the importance of Afghanistan's history as that of a path once taken by Alexander the Great.  For example, Lieutenant Vincent Eyre who along with his wife and son were hostages in Afghanistan for nine months after a British retreat during the First Anglo-Afghan War in 1842.  Eyre noted in his journal that on a direct road to Cabul he had "Alexander the Great's column in view nearly the whole way" which he described as "one of the ancient relics of antiquity in the East" (The Military Operations at Cabul).  The 15-foot marble pillar was destroyed in 1998.

Tomorrow's meeting in Irvine will again include Dr. Morgan ("Hindu Kush: Boundary and Point of Encounter") along with Frederick Hiebert of the National Geographic Society; Phillipe Marquise, Délégation Archéologique Française en Afghanistan (DAFA),  Kabul (""2002-2012 Ten Years of Archaeological Activities in Afghanistan: A Travel through Cultures")Touraj Daryaee, UC Irvine, "King Huvishka, Yima and the Bird: Observations on a Paradisaic State"; Jennifer Rose, Claremont Graduate University, "Above the Bamiyan Buddhas: Mithra Rides in Judgment"; and Alka Patel, UC Irvine, "Afghanistan's Palimpsest Landscape: Buddhism and Islam in Material Culture".


November 8, 2012

Palais Fesch Art Theft Update: Security guard and bartender sentenced to four and two years, respectively

Palais Fesch in Adjaccio, Corsica
On October 26, 2012, two men received prison sentences of two and for years for stealing four paintings from the Palais Fesch in Corsica on February 19, 2011.

Antoine Mocellini, one of the security guards at the museum,  confessed to police that he had taken the Italian paintings as leverage in improving his living quarters, but then lost the paintings before he could return them (see blog post here).  In May 2012, the paintings were recovered in a car at a parking lot north of Adjaccio (see blog post here).

The online publication Le Journal de Arts reported last week that Mocellini was sentenced to five years in prison with one year suspended and prohibited from practicing his profession for another five years.  Mocellini's alleged accomplice, bar manager Christian Andarelli, suspected of having transported the paintings, was sentenced to two years in prison.

November 7, 2012

Lawyer's Committee for Cultural Heritage Preservation Conference Opens Tomorrow: "From Plunder to Preservation: The Untold Story of Cultural Heritage, World War II, and the Pacific"

by Catherine Sezgin, ARCA Blog Editor-in-Chief

The Lawyer’s Committee for Cultural Heritage Preservation is opening its annual conference in Washington DC on Thursday, “From Plunder to Preservation: The Untold Story of Cultural Heritage, World War II, and the Pacific.” Here are links to information about the conference and its program. Here’s a link to the conference program: Panels include The Destruction and Plunder of Cultural Heritage in the Pacific War: A Silent Legacy; Old Records: New Possibilities, and The Legal Framework for Preserving the Pacific’s World War II-Era Past.

Thomas R. Kline, Of Counsel with the law firm of Andrews Kurth, volunteered on behalf of LCCHP to speak about the conference.  Mr. Kline began his work in the recovery of stolen art and cultural property in 1989 when he represented the Autocephalous Greek-Orthodox Church of Cyprus and the Republic of Cyprus in litigation against an art dealer in Indianapolis that led to the recovery of Byzantine mosaics that had been stolen from a Church in the Turkish-occupied area of Cyprus.

“We thought no one had done a conference on cultural property stolen during World War II in the Pacific,” Mr. Kline said via telephone from his office in Washington DC where he has practiced for 35 years. “When we tried to find people knowledgeable about losses and restitution in the Pacific arena, it was very difficult to identify such experts.”

Mr. Kline is moderator of the panel on Old Records: New Possibilities:
The National Archives here in Washington contain some historical American records and translations of captured Japanese records. Records on wartime and occupation looting in the Pacific Theatre parallel the European records, but the records on events in Europe have been closely studied and due to the interest in Holocaust-related events. Archives on looting in the Pacific have been largely untouched, but we will have as speakers the people with the most knowledge about those records and how they can be put to use by scholars.
Mr. Kline represented the Church of St. Servatii, Quedlinburg, Germany, in recovering world-famous medieval religious treasures stolen in Allied-occupied Germany by an American officer and mailed home to Texas in the immediate aftermath of World War II. Mr. Kline has represented families of Holocaust survivors and heirs of Holocaust victims in recovering art taken by the Nazis during World War II in the systematic looting of art owned by Jews and others.

Old Records: New Possibilities also includes Miriam Kleiman, Public Affairs Specialist for the National Archives and Records Administration; Greg Bradsher, Archivist with the National Archives; and historian Marc Masurovsky.  Mr. Kline explained:
Miriam Kleiman will talk about the history of these archives and how they developed. Greg Bradsher has produced a finding aid for the National Archives and he will discuss the records that exist and how his finding aid can be used.  Marc Masurovsky will discuss the history of losses and restitution in the Pacific.
Mr. Kline discussed the example of Okinawa, one of the outer Japanese islands.
Okinawa was devastated in one of the worst battles of the war, on the level of Stalingrad.  Whatever wasn’t destroyed was stolen later. Japanese soldiers are believed to have looted throughout the Pacific theatre that stretched all the way to India. The scope of Allied looting in Asia/Pacific region is not well understood. Recently an auction in Michigan attempted to sell 125 objects that shared the same provenance – that of an American sergeant who claimed that the pieces had been a gift to him after the Korean War. Fortunately the art market is getting more knowledgeable and more careful and these events are more commonly identified, followed up and referred to Homeland Security.
Mr. Kline mentioned that wartime and military occupation, beyond the loss of life and human suffering, raises many issues for the victor and the vanquished concerning the fate of culturally significant objects and sites.

"Stolen objects may remain concealed for decades in private collections or be donated or sold to a museum," Mr. Kline said.  "Whether or not the object ends up in a private collection or a museum, theft is theft and the ownership of such objects must be considered.”

Lynn Nicholas spoke as keynote speaker at DePaul's conference "Restitution and Repatriation: The Return of Cultural Objects"

Image of Nefertiti
by Sarah Wilson, Second Year Law Student at DePaul University

Lynn Nicholas, the noted author of The Rape of Europa, presented a captivating and thoughtful keynote lecture at the “Restitution and Repatriation: The Return of Cultural Objects” conference held at the DePaul University College of Law. Hurricane Sandy may have hindered the quantity of speakers that attended the event, but the super-storm could not hinder the quality of Nicholas’ lecture. She addressed several issues surrounding restitution, many of which were raised in the acclaimed film about the dreadful lootings that occurred during World War II.

Nicholas examined Holocaust-era pillaging from a various perspectives, providing the audience with a broad roadmap of the different ideologies surrounding stolen objects. Of particular interest was the work of the Monuments Men (and Women) who dedicated their efforts to protecting the cultural identities of war-ravished countries. This group of American servicemen saved many of Europe’s artistic treasures and preserved much of the continental cultural heritage that came under threat of destruction during the war. Nicholas commented on the dichotomy of stolen objects: on one hand these objects are considered prizes of war, but on the other there is an essential consideration for common justice and decency that desires the return of such objects.

Nicholas raised an interesting point in the stance that Russia takes regarding looted Holocaust art. Russia—following the “prize of war” outlook—approaches restitution with an unwavering determination to maintain possession. This position is echoed in the final scenes of The Rape of Europa movie, and displays the reasons why these issues are not soon to be resolved. The government of the former Soviet Union nationalized all of the WWII works in its control at the close of the war. The country refused then—and still refuses now—to restitute the works to the pre-war owners. Whether this is viewed as the collateral damage to be suffered by other countries as the cost of doing war, or whether Russia simply feels entitled to the works that ended up within its borders, the debate continues: who are the proper owners of looted works?

The Hermitage Museum admittedly houses numerous items of suspicious origin, both on its gallery walls and hidden in the labyrinth of passageways beneath the building. Russian museums have even gone so far as to publish books about the Holocaust-era objects in their collections, an obvious display of their apathy for persons pillaged during the war. The country’s refusal to participate in restitution efforts displays a further problem: will these looted works ever be returned to the proper owners without a significant effort to harmonize international laws? In Nicholas’ opinion, the answer is no. Restitution may be morally admirable, but it appears that morals are often secondary to possession. Until the affected countries can develop mutually-beneficial methods for dealing with the problem, a solution remains elusive. As the search continues for a global resolution, the focus should remain on providing fair outcomes for all parties. Ex post facto looting from good faith purchasers of stolen objects is not the objective that Nicholas advocates.

Thousands of objects stolen during the war are still unclaimed and unrestituted. Increased litigation in the coming years appears inevitable. This is also due to the passing of the WWII generation, many of whom bequeathed stolen art to their unknowing heirs. Issues of ownership and proper title become increasingly relevant as these works find their way to the marketplace. While lawyers may aim to facilitate the harm suffered by wronged parties, their work may actually exacerbate the injury. Legal professionals often lack a proper understanding of provenance and the importance that it has on restitution attempts, and Nicholas stressed the imperative need of educating lawyers working in this field. Restituting objects becomes increasingly complicated if the ownership line is not given adequate weight. The issue is compounded by the fact that claims for looted works are frequently exaggerated, not only by lawyers, but also by media publicity. Numerous cases that result in amicable settlements regularly go unacknowledged. Nicholas also voiced her apprehension against litigation, claiming that efforts to enact restitution laws may be too political to be effective.

Nicholas served the audience well by using her all-encompassing expertise to educate the listeners about the importance of restitution. Nicholas refrained from giving a rosy-colored outlook of the future of looted objects. However, her candor leads one to believe that the path to global restitution is possible, albeit with several obstructions to overcome first.

Ms. Wilson is President of the Art and Cultural Heritage Law Society at DePaul.

November 5, 2012

MoMA Director Glenn Lowry's Responds to Hurricane Sandy; NYC museum works with American Institute for Conservation Collections Emergency Response Team

Yesterday Glenn D. Lowry, director of The Museum of Modern Art in New York City, sent an email letter to the art institution's "members and friends" expressing concern for those people affected by Hurricane Sandy:
Our foremost concern has been for our neighbors and friends who have suffered so much hardship and damage.  A MoMA curator and the director of MoMAPS1 put out a call for volunteers from the art community and together they filled a bus with donated supplies and headed to one of the many areas in need of help today.  This is but a small part of the relief effort, but we were humbled by the incredible commitment of the volunteers.  Our staff will continue to play a role in the recovery, and we invite those of you who are able to join us in these efforts.
The Museum of Modern Art's conservation staff and speakers from the American Institute for Conservation Collections Emergency Response Team (AIC-CERT) were scheduled to meet Sunday in "a series of workshops to help the many artists and galleries whose works were affected by Hurricane Sandy":
They will provide suggestions and answer questions on how to safely handle damaged paintings, drawings, books, sculptures, and other artistic and cultural materials.  Visit MoMA.org for more information on this program.  MoMA has also issued Immediate Response for Collections, a document offering step-by-step guidelines for dealing with artworks damaged by flooding, and we will continue to lend knowledge and support to those carrying for collections affected by the storm.
If you are in a position to help others, you may want to visit nyc.gov for information on making donations and nycservice.org for information on volunteer opportunities.  Visitors to MoMA will also find a collection box in the Museum's lobby, with proceeds to be donated to relief efforts in Greater New York.

November 2, 2012

The Journal of Art Crime, Fall 2012: Columnist Noah Charney on "Counterfeit Money" in Lessons from the History of Art Crime

In the Fall 2012 issue of The Journal of Art Crime, columnist Noah Charney writes on "Counterfeit Money" in Lessons from the History of Art Crime:
In this, and the last, issue of The Journal of Art Crime, we have seen excellent academic articles on aspects of counterfeit money (see Mihm, Stephen in the Spring 2012 issue, and Judson and Porter in this issue).  While counterfeit money is its own field of study, it has many parallels with art forgery, and we therefore have seen fit to consider it in this journal.  In doing so, I thought that it might be of interest to present a brief history of counterfeit money, for those unfamiliar with the subject. 
Perhaps the most well-known sort of forgery is the faking of money, whether counterfeiting coins, dollar bills, or treasury bonds.  The United States Secret Service, before they became best-known as the bodyguards of the president, were established in order to investigate counterfeit money printing operations and close them down.
Noah Charney is founder of ARCA and the Editor-in-Chief of The Journal of Art Crime.

October 31, 2012

Kunsthal Rotterdam Art Theft: Journalist Colin Gleadell on "overvaluation" of the seven stolen paintings

by Catherine Sezgin, ARCA Blog

So much has been written about the October 16 theft of seven paintings from the Triton Foundation on display at the Kunsthal Rotterdam that it takes a long time to sift through so much of the published material to find original information on the internet.  However, Colin Gleadell writing for Britain's Telegraph grabbed my attention with the headline "Stone Dutch works wildly overvalued".

Last week ARCA's CEO Lynda Albertson wrote about the Triton Foundation here on this blog, finding that the collection assembled in the last two decades had been infrequently exhibited, had no website and had its first big show of 150 of the works this month at the Kunsthal Rotterdam ("Avant-Gardes").

This December, Yale University Press is publishing "Avant-Gardes, 1870-1970, The Triton Collection" ($125, cloth) , a 568-page book by Sjraar van Heugten, an independent art historian and a former Head of Collections at the Van Gogh Museum in Amsterdam (about 60 kilometers north of Rotterdam).  The Triton Foundation's collection contains approximately 250 paintings, drawings, and sculptures from more than 170 Western artists dating from 1870 to 1970  including George Braques, Paul Cézanne, Edgar Degas, Willem de Kooning, Lucien Freud, Roy Lichtenstein, Édouard Manet, Henri Matisse, Claude Monet, Pablo Picasso, Vincent van Gogh and Andy Warhol ("Avante-Gardes").

The statement attributed to the director of the Kunsthal Rotterdam Emily Ansenk posted on the art gallery's website identifies the stolen paintings adding that the investigation will be handled by the police.  As to the seven stolen paintings, Ansenk states: "Perhaps we should add that all stolen works have been internationally registered and described and are therefore unsaleable.  We are not prepared to comment on the value of the works."

Historically, published accounts of art thefts have attached a value to the paintings which thieves have used as a basis for a ransom demand.

However, Gleadell, who has written extensively on the art market, assesses the value of the seven stolen paintings between "£12.5 million and £16 million" based on experts familiar with the collection who wished to remain anonymous:  
Some pictures that were thought to be oil paintings were in fact much less valuable pastels or drawings on paper, and none of the stolen pictures measured more than 13in by 16in – handy enough for the thieves to tuck under their arms. Monet’s oil paintings of the Thames, made when he stayed at the Savoy Hotel in 1901, have fetched as much as £18 million at auction. But the two stolen Monets were small pastels the likes of which have never sold for more than £250,000 at auction.
The Picasso, a late work, was also a small coloured drawing on paper, not an oil painting.
Picasso’s large, late oil paintings have made £10 million at auction, hence a guesstimate by Forbes of £9.7 million. But late drawings of this size have never sold for over a million pounds, though the quality of this one may lift it to seven figures.
The International Herald Tribune came up with a punchy $130 million figure for the Picasso and Matisse alone, and while the Matisse was indeed an oil painting – larger, more sumptuous interiors of seated or reclining women have made £10 million or more – the small scale of this work and less seductive pose of the sitter led our experts to place a value of between £3 million and £4 million on it. 
Similarly, the Gauguin is an early painting from 1888, so is of historical interest, but would not command anything like the sums generated by his sought-after Tahitian pictures. Our experts granted it a £3 million to £4 million estimate. 
The self-portrait by the lesser-known Dutch painter Jacob Meyer de Haan is more difficult because so few of his works have been sold at auction and none for more than £600,000. A friend of Gauguin’s, he painted this when the two were in Brittany in the late 1880s. And while it is stylistically related to the Frenchman’s work of the time, it is a small masterpiece by de Haan; thus a figure of £2 million has been suggested. 
The only contemporary work to be stolen was a portrait of the young journalist Emily Bearn by Lucian Freud, painted in 2002. Although Freud’s late work tends to be less sought after, this is a remarkably tender portrait and has been included in several museum exhibitions. Our experts estimate that it should be worth about £3 million. 

October 29, 2012

Bill Reid Theft 2008: Postmedia News obtains RCMP and university campus security records to answer outstanding questions about the heist of UBC's Museum of Anthropology and the investigation that followed

Haida artist Bill Reid's art safely back on display
 at UBC's Museum of Anthropology (Photo Sezgin)
by Catherine Sezgin, ARCA Blog Editor-in-chief

More than four years after robbery at University of British Columbia's Museum of Anthropology in Vancouver Canada, journalist Douglas Quan has been persistent in obtaining information about the theft and the investigation that led to the recovery of the stolen Bill Reid jewelry:
Newly released RCMP and university campus security records obtained by Postmedia News through federal and provincial access-to-information laws, plus court documents, offer a fuller picture of the mysterious theft and its bizarre fallout.
At about 4:40 a.m. on May 24, 2008, thieves removed "a glass panel" from the back of the museum, "unleashed a cloud of bear spray, presumably to repel any guards who might try to intervene" and smashed a glass showcase to steal $2 million of jewelry designed by Haida artist Bill Reid (Quan, quoting campus security report).  The heist was estimated to have taken less than 3 minutes (compared to the more than 2-minute Kunsthal Rotterdam heist on October 16).  According to Quan's review of the report, "security cameras stopped recording before the break-in".  UBC's Museum of Anthropology has since been renovated and expanded.

Quan points out that in 2008 the security guard at the Museum of Anthropology had been widely reported to be on a smoking break at the time of the robbery:
Contrary to media reports that suggested he had been on a smoke break and apparently oblivious to trouble, the guard alerted dispatch when the alarms started wailing, the former security officer said.
Protocol at the time dictated that the guard stay put and that dispatch send another officer to walk through the museum.  But the walk-through never happened, the former security officer said.
An alarm falsely attributed to "invalid"and a "false sense of security" (Quan) were problematic.

According to Quan, the investigation, led by the RCMP major crimes section, involved an anonymous tip within days of the theft; police surveillance of the suspect; background checks on construction workers involved in the renovation of the museum, a fired security guard, and "disgruntled" artists who had worked with Reid.  A search of a home connected to a man with "at least 11 convictions for property crimes" led to the recovery of "all but two of the stolen items" on June 8 (just a little more than two weeks after the theft).  By August the other items were recovered: "The last piece, the argillite pipe, was dropped off anonymously. (Quan)"

Then in January 2009, CBC reported the RCMP had paid $20,000 to a criminal informant for "help with the investigation."  According to Quan, the RCMP "would not say this week who received the money or how much was paid" and the case is "unresolved" and that "two years after charges were recommended in the museum heist, Crown counsel notified RCMP there wasn't enough evidence to lay charges."

October 26, 2012

Theft Anniversary: Two artifacts (Assyrian and Roman) stolen from the Montreal Museum of Fine Art last year


by Catherine Sezgin, ARCA Blog Editor

Last year on October 26, someone stole two ancient sculptures from the Montreal Museum of Fine Arts.  Three months later, the Montreal Gazette and AXA Art, the insurance company which insured the pieces, released a video on YouTube from the surveillance camera inside the museum showing a suspect wanted for questioning in the investigation.

AXA Art Insurance issued a press release dated February 13, 2012: "AXA Art Offering Substantial Reward for Safe Recovery of Rare Artifacts".  The Montreal Museum of Fine Arts issued no press release in 2011 or 2012 regarding the theft, a reward, or an ongoing investigation -- at least it's not listed on the museum's website.

The Sûreté du Québec's Art Alerte publicized the stolen works  and the poster in English and French offering the "Substantial Reward" also on February 14 (Alain Dumouchel responded in an email at that time that the Montreal police were in charge of the investigation).  The Art Alerte for Case File: 11-98 also included a picture of the suspect captured by the museum's surveillance cameras.

Reward Poster

The "Head of a guard" (fragment of a low relief) is estimated to as old as 5th century BCE from Persepolis (Persia), the capital of the Achaemenid dynasty (558-330 BC).

Assyrian low relief Sandstone, 21 x 20.5 x 3 cm
A marble head dating from the Roman
 Empire 20,2 x 13,3 x 8,5 cm
The second object, Head of a Man (Egypto-archaizing style) of yellow Numidian marble, is dated from the Roman Empire around 1st century A.D.

Neither of these objects was highlighted in the MMFA's museum guide.

In 1972, the Montreal Museum of Fine Arts was the site of Canada's largest art theft when three thieves stole 18 paintings, including a painting attributed to Rembrandt.  The theft remains unsolved after an aborted ransom attempt and 17 of the paintings are still missing.

October 25, 2012

ARCA Lecturer Dorit Straus' on how a stolen violin inspired "Orchestra of Exiles"

Bronislaw Huberman with Albert Einstein
 who was instrumental in raising funds to
 start the orchestra./Orchestra of the Exiles
by Catherine Sezgin, ARCA Blog Editor

The documentary opening tomorrow in New York City, “Orchestra of Exiles”, tells the story of cultural preservation of people and music, and also features the family history of one of ARCA’s Lecturers, Dorit Straus, who returns each summer to Amelia to teach “Investigation, Insurance and the Art Trade”. Before Ms. Straus studied archaeology at Hebrew University in Jerusalem, her father was one of many musicians who escaped Jewish persecution from the Third Reich.

The film's writer, director, and producer Josh Aronson spent two years filming in Germany, Poland, Israel and New York.  The film centers on the story of polish violinist Bronislaw Huberman’s struggle to bring Jewish classical musicians to British Palestine in 1936 to found what would later become the Israel Philharmonic Orchestra.

One of those musicians, David Grunschlag, was Dorit Straus’ father. We asked Ms. Straus via email about the film -- and discovered her story also involved an anecdote about a stolen -- and recovered -- Stradivarius violin once owned by Bronislaw Huberman.

ARCA Blog: According to Mr. Aronson, it was your dedication to honor Huberman’s memory that was the initial driving force behind this film.   Could you elaborate for us?
Ms. Straus: In 1995 I set down with my father to do an oral history about his life as a musical prodigy and what it was like to live in Vienna during the the 20s.  I was particularly interested to know if there was any intersection between the musical life and the visual arts, since it was such an interesting time in the arts. I also knew that he was Bronsilaw Huberman's protege and I wanted to know more about what it was like to be a "Wunderkind" and what exactly his interactions were with Huberman. My father told me about growing up poor but rich in talent which opened all kinds of doors for him.  He played in some of the most opulent homes in Vienna. There was indeed a direct link to the visual arts as both my father and his sisters would often play in the homes of the wealthiest Viennese families including the Bloch-Bauer family.  My father told me how Bronislaw Huberman was one of the most famous violinists of his time and very hands-on in my father's education -- sending him to Berlin at age 14 to study at the most famous music academies such as "Hochshule fur music" so that he would have a very rounded education.  At the same time, Huberman took care of finding my father a patron in Berlin to live with and arranged to pay for all the expenses through his personal banker.
The following year, my father passed away so it was very lucky for me to have this material to keep for future generations of my family.  In 2004, I was attending a conference in Dresden and decided to make a trip to Berlin to see if I could find any materials relating to my father's studies in Berlin.  I was so surprised to find so much material in the archives of the conservatory including letters from Huberman's banker as well as letters from my grandfather relating to my father's stay there. I connected with my father's younger sisters who were duo pianists, and for the first time I heard how Huberman had personally arranged for them to leave Vienna in 1939 when they had no hope of getting out.  I had never heard that story before and that was a real awakening for me. A few years later, I was visiting family in Israel and noticed that in the hall where the IPO plays there was no mention of Huberman at all or of the founding members so I went to the orchestra management.  In 2006, on the 70th anniversary of the founding of the orchestra, we dedicated a plaque to Huberman and all the founding musicians at a wonderful ceremony with Zubin Mehta and descendants of the original players.
Around the same time, I met by chance Joshua Bell who was riding on the NY subway carrying with him the Stradivarius that used to belong to Huberman.  The violin was stolen in 1936 when Huberman was playing at Carnegie Hall raising money for his orchestra.  The violin did not surface for 50 years when in 1986 the thief on his death bed confessed to his wife that he had stolen it. She reported it to the police and got a reward. The police turned the violin over to the insurance company who sold it through a well known violin dealer to Norbert Brainin the violinist of the Amadeus String Quartet, and eventually in 2004 Joshua Bell purchased it from Norbert.  I felt that this was a sign from heaven, and that it was up to me to remind the world who Huberman was and what he did to save so many musicians from certain death. First I produced a concert in Vienna with Joshua Bell and Jeremy Denk to commemorate Huberman and that led to the film.
ARCA Blog: What was your role in the development of the film?
Ms. Straus: First, I pitched the idea to Josh Aronson.  Then I helped in the research and made introductions in Israel to the General Manager of the Israel Philharmonic and many of the people who are featured in the film -- like the violin maker Amnon Weinstein; the composer Tzvi Avni who complied the Huberman archives with Huberman's secretary Ida Ibbeken after Huberman died in 1947;  Leon Botstein who told me that everything about Huberman interested him and he would be happy to help. Leon did a marvelous job in providing historical context and more, and last but not least my aunt Rosi Grunschlag who died  earlier this year who has an incredibly moving interview sort of in the "golden section" of the movie telling how Huberman helped them.
I helped in translations from Hebrew as well as giving advise about images and identifying people.  I found a not-for-profit entity with a mission compatible with the subject of the film who were able to offer tax deductible charitable deductions for contributions.  I contributed financially, as well as raised money from others, wrote letters asking for support, and spoke to anyone who would listen about the film.  For the last three years in addition to my "day" job, I was totally absorbed in the project.  This was a large project with a budget of over $1 million.  We started the film just when the (Bernie) Madoff scandal came out -- so raising money was incredibly difficult when so many Jewish foundations and funders who would have naturally supported such a project were not in a position to do so. So it is incredible that we were able to complete the film without going into a deficit.
ARCA Blog: The website for “Orchestra of Exiles” says that the movie sets out to answer two questions: “How did living through WWI and the Depression change Huberman from a self-absorbed eccentric genius into an altruistic statesman dedicated to egalitarian politics and humanism? How did Nazism and its cultural policies ignite Huberman and inspire him to bring music to Palestine, to save Jews and to fight anti-Semitism?” What is your personal response?
Ms. Straus:  Josh Aronson the filmmaker, did a fabulous job in answering these questions.  When I started out to make this film it was going to be a small personal story, but Josh -- through his research and his creative mind -- saw the bigger picture and asked these questions and answered them very dramatically in the film.
ARCA Blog:  What does Huberman have to teach us today about being heroic and living productive lives that make a difference to others?
Ms. Straus:  In Huberman’s case, the producers of the movie estimate he saved more than 1,000 lives. What made him different from the others who felt so powerless against a repressive government? I think that is the question that is most difficult to answer - why would someone at the height of his career dedicate himself totally to the plight of others when he could have gone to Switzerland and then to the US and continued with his career -- unlike ordinary people, there would have been little difficulty for him to relocate  particularly as early as 1933 -- but that is what makes him and Arturo Toscanini and Pablo Casals unique -- they had a broader world view and a conscious and they acted upon it!
"Orchestra of Exiles" opened October 26th at New York City's Quad Theater at 13th Street between 5th and 6th. NOTE:  The Quad Cinema at 34 W 13th Street is back up and running post hurricane Sandy and the documentary will be running from Friday November 16th for another week.  Josh Aronson will be at the 7:30 showing on Sunday, November 18th for Q & A.

Simultaneously, the film will be shown in LA at the Laemmle Music Hall 3 and will open soon at the Laemmle Monica - both on a limited schedule.  Please consult the Laemmle Theaters website for schedule.  The film will also be screened in the Hudson Valley at Upstate Films November 16th.

In Europe, the documentary will premiere at the Berlin Jewish Museum on November 22 with a 2nd Berlin screening on November 23rd and in Paris on December 11th and on January 15th.

Here’s a link to the film’s trailer and more information about the film: www.orchestraofexiles.com.

Here's a link to an interview with Josh Aronson and his meeting with Ms. Straus and her story about Joshua Bell and the stolen violin.  And here on Joshua Bell's website is the "Story of His Violin".

Former FBI Agent Virginia Curry on Cultural Security, Fire and Safety, and “Utility” of stolen art

by Catherine Sezgin, ARCA Blog Editor

Virginia Curry, a licensed security consultant, was the FBI Agent responsible for the facilities security and personnel security for 35 locations in greater Los Angeles subsequent to the events of 9-11.  Ms. Curry provided perspective on the trade-off between protecting buildings against theft and protecting people in the event of an emergency. Prior to becoming an FBI Special Agent, Ms. Curry surveyed and approved casino security measures in Atlantic City as a New Jersey state investigator.  I followed up via email with Ms. Curry recently to ask her professional opinion regarding the thieves breaking into the Kunsthal Rotterdam on October 16:
This is about safety and risk management.  Fire and safety codes always ensure that, in the event of an emergency, all doors must release from the inside to allow someone inside during an emergency to exit to safety. The preservation of human life is more important than goods or money (even in a casino).
Without going into further detail, what they did was actually more of a takeoff on the scheme of "How to Steal a Million" [the 1966 movie starring Audrey Hepburn and Peter O'Toole] where the thieves took advantage of the weakness of a security system and the human element.  In this Rotterdam case, the human element was again the sanctity of life over the value of property. The perpetrator did not necessarily have to include a member of museum staff, but rather someone who had access to the building prior to this event.
You cannot change the default setting on the inside door releases in an emergency. As pointed out earlier by Ton Cremers, institutions need to make it harder for someone to get to what they are trying to protect. Building in physical delays such as walls and doors is like building a maze around a high value item "the cheese".
Security professionals assessing risk always determine how long it takes to breach the security measures, resolve the maze and return to safely exit the facility in a direct comparison to the primary responders. If the protocol calls for an alarm to be verified prior to the notification of the police, this delays the police response time, which is also predicated on their own law enforcement priorities.
I very much concur with Dr. Tom Flynn’s recent assessment that stolen art has “utility”. The power of “utility” in economic theory is not necessarily always measured in a cash value.

October 23, 2012

Kunsthal Rotterdam Art Heist: Challenging the blame on the fire alarm automatically opening the back doors for the thieves?

by Catherine Sezgin, ARCA Blog Editor

Dutch Journalist Niels Rutger questions the Kunsthal Rotterdam's statement yesterday that the gallery's doors automatically unlock in the event a fire alarm is triggered. Rutger asks why should the doors unlock at night when the gallery is closed and no visitors are at risk? Security consultant Ton Cremers, founder of Museum Security Network, tells Rutger that the art gallery's emergency door can be pushed open from inside the building and that disarming the locks would make it easy for the thief to pry open the doors.

Thomas Escritt writing for Reuters from Rotterdam on the unbolted doors: The apparent ease with which the thieves entered and escaped has raised questions about the Kunsthal's security system and whether an insider was involved. The Kunsthal said in a statement on Monday that the electronic locks on its doors were in working order, but were designed to automatically unbolt shortly after the burglar alarm was set off. After that, only mechanical door locks stood between the intruders and the Kunsthal's treasures. "The theft on Monday night suggests the intruders forced the lock after the unbolting, presumably quickly," the statement said. The thieves forced the mechanical lock on an emergency exit at the rear of the ground floor gallery. Police arrived at the scene within five minutes, but the intruders had already gone.

Bruce Waterfield for Britian's telegraph.com also writes that "the gang broke a physical lock on an emergency door". Niels Rutger reported last week that a piece of plastic had been used to disengaged the deadbolt (Mr. Rutger confirmed via email to the ARCA Blog that his information was from discussions with security personnel).

According to Bloomberg News' Catherine Hickly in Berlin, the Kunsthal has made "adjustments to its locking system" and its "alarm, camera, and entrance control systems were all inspected in the past few months and a new fire alarm and smoke detectors were installed earlier this year."

Kunstahl's Surveillance video captures thieves in action

The surveillance video from the Kunsthal released on Oct. 20, four days after the theft, shows how two or three individuals entered a rear door of the gallery and removed the paintings in about 2 minutes and 13 seconds. My best guess at viewing the portion of the video released on NOS.nl is that at 3:22:23 a.m. (22 minutes later than initially reported last Tuesday after the theft), someone wearing a hooded sweatshirt is followed by a shorter hooded person into the gallery. I cannot tell if a third person is left outside holding open the door. At 3:24:00, the taller person exits through the door with paintings sticking out of a back on his back. Two seconds later, the second person leaves in the same way. At 3:24:08, someone runs back inside and leaves with supposedly more paintings 16 seconds later. At 3:24:36, the door of the gallery is shut. I asked Mr. Cremers for his professional opinion and this is what he emailed back:
The director stated in a press release that security of the Kunsthal is state of the art, but this unique theft took just two minutes. The CCTV coverage is absolutely below standard. There was no fire alarm, so this press release about fire alarms opening doors - which is absurd during closing hours - is very irrelevant. I have been on Dutch national TV calling for this director to resign because she neglected security, and shows to be fully incompetent.
Here on Ad.NL (Algemeen Dagblad, a major Dutch newspaper) a visitor to the Kunsthal Rotterdam last summer tells of how he and a friend were mistakenly locked inside the same exhibition space that was robbed last week until the security alarm went off and the doors opened to let them out -- and stood around talking about the incident for ten minutes (the Kunsthal denies the timing of this).  Reuters also reported that the motion detector had been repaired in August.

Art historian (and ARCA lecturer) Tom Flynn on his blog "artknows" writes on Kunsthal's security and CCTV footage:
Instead all we have on the Rotterdam heist are a few seconds of grainy CCTV camera footage that might have been shot by Eisenstein on a bad day. So will someone please tell me the purpose of what Kunsthal director Emily Ansenk herself described as a “multi-million-euro high-tech...state-of-the-art security system” if all it can do is mimic out-takes from early Expressionist cinema? And the Oscar goes to....the CCTV camera companies! (for pulling off the greatest multi-million-dollar heist of all).
As for the value of the stolen paintings taken from the Kunsthal Rotterdam last week, Caleb Molby writing for Forbes.com estimates the value of the seven paintings from $36 million to $100 million (Picasso's "Tete d'Arlequin" last auctioned in 2007 for $15.16 million).