Le marché de l’art n’est pas épargné par les questions de blanchiment d’argent. L’actualité en a fait la démonstration. Les nouvelles recommandations du GAFI en matière de blanchiment qui seront mises en oeuvre en Suisse à compter du 1er janvier 2016, le phénomène malheureux du financement de l’État islamique par la vente de biens culturels et les réflexions entourant la règlementation des ports francs soulèvent des questions importantes pour le domaine de l’art sous l’angle de son exposition aux risques de blanchiment d’argent. Alors, mythe ou réalité: l’art est-il un moyen de blanchir des avoirs criminels?

Le but de cette journée est de faire un panorama de la problématique, d’exposer les règles qui s’appliquent au blanchiment d’argent dans le marché de l’art et d’esquisser des solutions pour prévenir les risques correspondants.

La professeure:

Ursula Cassani (Université de Genève), Jean-Bernard Schmid (procureur), Thomas Seydoux (Connery Pissarro Seydoux), Solange Michel (Interpol), le professeur Xavier Oberson (Université de Genève), Yan Walther (SGS Art Services) et Laurent Crémieux (Inspection fédérale des finances) comptent parmi les intervenants à cette journée.

Cet événement est organisé par la Fondation pour le droit de l'art et le Centre du droit de l'art.

Programme

Carton de réponse

Location: The Society of Antiquaries of London

Burlington House, Piccadilly, London

Program Date: 

Tuesday, 01 December 2015

Topic: 

Art, Law and Crises of Connoisseurship

Conference in English

Programme and Registration:

Early Bird Rate until 15 November 2015

In the public realms of law and the art world, a ‘connoisseur’ must be recognised as being an expert, as being capable of giving credible testimony regarding the subject, and as remaining actively engaged with the world in which attributions and authentications are made. This public recognition takes years of work and is hard-won.

Yet, does this public recognition of expertise signify accuracy or truth in the claims that a connoisseur makes about art? This one-day conference investigates the always-interrelated and often mutually-troubled processes by which connoisseurship is constructed in the fields of art and law, and the ways in which these different fields come together in determining the scope and clarity of the

connoisseur’s ‘eye’.

Speakers Include:  

Martin Eidelberg (Rutgers University), Charles Hope (Warburg Institute), Nicholas Eastaugh (Art Analysis and Research Ltd.), Irina Tarsis (Center for Art Law), Brian Allen (Hazlitt Ltd.), Tatiana Flessas (LSE), Megan E. Noh (Bonhams) and Michael Daley (ArtWatch UK).

This event is organised at the The Society of Antiquaries of London by ArtWatch UK, the Centre for Art Law, and the London School of Economics and Political Science.

Program

Registration

Friday, October 11, 2013 8:00 AM to 1:00 PM (PDT) Leo Baeck Institute | 212-294-8301 15 W 16th St New York, NY 10011 This course will discuss the current legal standard defining due diligence, its limitations, and the varied approaches attempting to address due diligence requirements in the market, and provide a suggested framework and associated checklist to satisfy due diligence requirements in provenance research for cultural objects.  The courts have the means to enforce proper ownership rights of current possessors, good faith purchasers, and rightful owners, yet the market is encountering significant challenges in implementing due diligence standards to comply with legal requirements and stabilize the trade. SCHEDULE 8:00am-8:45am: Welcome/Sign-in 8:45am-8:50am: Introduction 8:50am-10:05am: Have You Done Your Due Diligence? 10:05 am-10:15am: Break 10:15am-11:30am: Is Context Everything? 11:30am-11:40am Break 11:40pm-12:55pm: Do Your Research-Your Provenance Research 12:55 pm-1:00pm: Conclusion SPEAKERS Sharon Levin-Chief of the Asset Forfeiture Unit in the Criminal Division of the United States Attorney’s Office for the Southern District of New York Charles A. Goldstein-Herrick, Feinstein LLP, Member, Art Law Group Lawrence M. Kaye-Herrick, Feinstein LLP, Co-Chair, Art Law Group Monica Dugot- Christie’s, Senior VP, International Director of Restitution Lucian Simmons-Sotheby’s, Senior VP of Sotheby’s in New York, Head of Sotheby’s Worldwide Restitution Team Victoria S. Reed-Museum of Fine Arts, Monica S. Sadler Curator for Provenance Lucille A. Roussin- Ph.D-Law Office of Lucille A. Roussin; Adjunct Professor at Cardozo School of Law Irina Tarsis-Center for Art Law, Attorney at Law, Consultant, Program Coordinator Ori Z. Soltes-Holocaust Art Restitution Project, Co-Founder Marc J. Masurovsky-Holocaust Art Restitution Project, Co-Founder Pierre Ciric-The Ciric Law Firm, PLLC CLE CREDITS (Accreditation Pending) 4.0 (1.5 - Ethics & Professionalism; 1.0 - Skills; 1.5 - Areas of Professional Practice)

Duncan Chappell’s publications include two coedited texts: Crime in the Art and Antiquities World. Illegal Trafficking in Cultural Property (2011) Springer: New York (With Stefano Manacorda) and Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime (In Press) Ashgate: London (With Saskia Hufnagel). He has also had published a number of journal articles and book chapters on various aspects of art crime including fraud and fakery in the Australian Indigenous art market; the impact of corruption in the illicit trade in cultural property; and the linkages between art crime and organized crime.

In addition to his research and writing on art crime Duncan Chappell has acted as an expert in regard to court proceedings involving art crime and also been a strong supporter of  measures to enhance public awareness of the evils of looting behaviour and to strengthen the engagement of law enforcement agencies in investigation and prosecuting those responsible. In his present capacity as Chair of the International Advisory Board of the Australian Research Council Center of Excellence in Policing and Security, he has sought to foster a far more proactive approach to the prevention and detection of art crime both in Australia and its neighbouring countries within the South East Asian region.

Under Mr. Esterow's direction, ARTnews became the first magazine to consistently apply rigorous standards of investigative reporting to the art world.  Mr. Esterow received a special award for lifetime achievement from the College Art Association, the national organization of educators, artists, art historians, curators, critics, and institutions in 2003. He was cited for “his exceptional contributions to art journalism and investigative art reporting” and for having “overseen the magazine’s financial success while enhancing its reputation and influence in the visual-arts community and beyond.”

In Italy and abroad, he has covered the “Six Day War” (1967) and the war in Lebanon (1982); the death of Mitterrand and the election of Chirac; the murder of Rabin; the voyages of Pertini, Cossiga and Scalfaro, the ascension of eight italian governments and two Popes; the trials of Piazza Fontana, the Lockheed scandal, the Ardeatine massacre and the “Mani Pulite” political corruption scandal of the 1990s in Italy.  Since 1980, he has been dedicated to writing about cultural heritage protection, with an emphasis on historic preservation not only in Italy, but worldwide.

Lyndel Prott AO (1991), Öst. EKWuK(i) (2000), Hon FAHA; LL.D. (honoris causa) B.A. LL.B. (University of Sydney), Licence Spéciale en Droit international (ULB Brussels),  Dr. Juris (Tübingen) and member of Gray’s Inn, London, is former Director of UNESCO’s Division of cultural Heritage and former Professor of Cultural Heritage Law at the University of Sydney. She has had a distinguished career in teaching, research and practice, including co-operation with COM and INTERPOL to improve co-ordination between civil and criminal law to deal with illicit traffic.

At UNESCO 1990-2002 she was responsible for the administration of UNESCO’s Conventions and standard-setting Recommendations on the protection of cultural heritage and also for the negotiations on the 1999 Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and the Convention on the Protection of the Underwater Cultural Heritage 2001.  She contributed as Observer for UNESCO to the negotiations for the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995. She has authored, co-authored or edited over 280 books, reports or articles, written in English, French or German and translated into 9 other languages.

Monica Dugot is responsible for coordinating Christie's restitution issues globally. She and her team of researchers vet nearly every lot Christie’s offers at auction, which means somewhere in the region of 200 sales a year, from Old Masters and Books to Impressionist and Modern Art focusing on provenance between 1933 and 1945; to identify possibly spoliated but unrestituted objects; and to help in resolving restitution claims for works consigned for sale. 

Prior to joining Christie's, Ms. Dugot served for almost eight years as Deputy Director of the New York State Banking Department's Holocaust Claims Processing Office, where she coordinated the Art Claims branch of the HCPO's work and assisted owners and heirs in seeking to recover art collections that were lost or looted during the Nazi era. She has represented New York State on art restitution matters at many venues including the 1998 Washington Forum on Holocaust-Era Assets and the International Conference on Holocaust Era Looted Cultural Assets in Vilnius, Lithuania. Ms. Dugot is on the Advisory Board of Claremont McKenna College’s Center for Human Rights Leadership, and the Society of American Friends of the Jewish Community Vienna. She is currently a member of the Art law Commission of the Union Internationale des Avocats (UIA). She also served as a member of the NYC Bar Association's Art Law Committee.

Martin Finkelnberg is the Head of the Art and Antiques Crime Unit of the National Criminal Intelligence Division which is part of the recently reorganized National Police Force of the Netherlands. He joined the police force in 1976 as a junior intelligence officer and for roughly 30 years was mainly involved in firearms investigations and counter terrorism. 

In 2006 he was asked to build a national database on stolen works of art. At the same time he also had to restart the Art and Antiques Crime Unit that had been discontinued in 2002. Today this unit is composed of four individuals. Over the course of the years Finkelnberg also felt necessity to establish contact points within each police region. In 2013 this led to the appointment of not only ten dedicated police officers -- one in every region -- but also to a dedicated national public prosecutor. These are however not experts and they are being trained on a regular basis by Finkelnberg and others on legislation, awareness of the importance of preserving cultural heritage, and on criminal trends and activities. The unit, in principal, is not an investigating body itself but an intelligence hub for the regional police forces who are responsible for carrying out criminal investigations. 

However, because of the complexity of Dutch legislation regarding illegal trade in cultural property, Martin Finkelnberg occasionally goes out on the road himself. During several of these occasions and in close cooperation with the Cultural Heritage Inspection, he recovered more than 70 items from Iraq, some of them dating back to 5,000 B.C.. He and his unit also proved to be instrumental in solving many major museum break-ins such as the Hofje van Mevrouw van Aerden Museum in 2011 in which case the police recovered a 15 Million euro painting by Frans Hals; and the Museum Gouda where in 2012 the burglars used an explosive device to blow up the front door of the museum (In this case the unit was also able to establish links between these suspects and another museum break-in in 2009 and to them identifying several other museums as possible targets).

Chicago's former St. Boniface Catholic Church closed in 1990.  Recently slated to become senior housing, the building's latest development has been stalled yet again.

by Hal Johnson, 2014 ARCA Student and DNA Consultant

Milton Esterow is editor and publisher of ARTnews. Since he bought ARTnews from Newsweek Magazine in 1972, he has guided its growth into the most widely circulated art magazine in the world. Since 1975, ARTnews has won most of the major journalism awards presented to magazines. Its editors and reporters have been honored forty-four times for excellence in reporting, criticism, and design. Under Mr. Esterow's direction, ARTnews became the first magazine to consistently apply rigorous standards of investigative reporting to the art world. Mr. Esterow received a special award for lifetime achievement from the College Art Association, the national organization of educators, artists, art historians, curators, critics, and institutions in 2003. He was cited for “his exceptional contributions to art journalism and investigative art reporting” and for having “overseen the magazine’s financial success while enhancing its reputation and influence in the visual-arts community and beyond.”

David Gill is a former Rome Scholar at the British School at Rome, and Sir James Knott Fellow at Newcastle University. He was responsible for the Greek and Roman collections at the Fitzwilliam Museum and was subsequently Reader in Mediterranean Archaeology at Swansea University. His Sifting the Soil of Greece: the Early Years of the British School at Athens (1886-1919) [2011] was published to coincide with the 125th anniversary of the School. He received the Outstanding Public Service Award from the Archaeological Institute of America (2012). Gill has published widely on cultural matters and his “Material and intellectual consequences of esteem for Cycladic figures” (co-written with Dr Christopher Chippindale) presented a new methodological approach to studying this area. He has a regular editorial column, “Context Matters”, for the Journal of Art Crime, and runs a research blog, “Looting Matters”.

Simon Mackenzie is Professor of Criminology, Law & Society in the School of Social and Political Sciences at the University of Glasgow, where he is also a member of the criminological research staff at the Scottish Centre for Crime and Justice Research, a cross-institutional organization conducting national and international criminological research projects. Prof Mackenzie co-ordinates the Trafficking Culture research group, which is a pioneering interdisciplinary collaboration producing research evidence on the scale and nature of the international market in looted cultural objects, including regional case studies of trafficking networks and evaluative measures of the effects of regulatory interventions which aim to control this form of trafficking. Trafficking Culture is funded with a €1m research grant from the European Research Council. The group employs a core group of researchers plus an affiliate Leverhulme Early Career Research Fellow, and four PhD research students, making it a world-leading center for study in this field. As well as producing research evidence, the team are developing educational resources for the next generation of scholars via a new course, run for the first time in 2014, on International Trafficking in Cultural Objects, offered as part of the three Criminology Masters pathways which Prof Mackenzie convenes at Glasgow: the MRes Criminology; the MSc Criminology & Criminal Justice; and the MSc Transnational Crime, Justice & Security. Simon’s research on the international market in illicit cultural objects began with his PhD, leading to the publication in 2005 of Going, going, gone: regulating the market in illicit antiquities, which won the British Society of Criminology Book Prize that year. The book was mainly an empirical study of attitudes and practices of high-end dealers in relation to their engagement with looted artefacts, and an analysis of the implications for regulation and control of the various neutralizing and justificatory narratives surrounding handling illicit objects at the top end of the market. 

From 2005-07, in a study with Prof Penny Green funded by the UK’s Economic and Social Research Council, Simon extended this analysis by looking at the market’s reaction to the onset of explicit criminalization in a case study of the Dealing in Cultural Objects (Offences) Act 2003. This research was published in Mackenzie and Green (eds) Criminology and Archaeology: Studies in Looted Antiquities (2009), part of the Onati International Series on Law and Society and based around the proceedings of a workshop at the Onati International Institute for the Sociology of Law exploring the interdisciplinary possibilities of a field of study based both in archaeology and criminology. 

Simon has worked with a number of international organisations, providing research-based input to support initiatives to reduce the international trade in looted cultural objects: eg. he has worked with UNODC in producing briefing documents for UN member states in their 2009 enquiry into Trafficking Cultural Property, leading to policy recommendations made at the UN Commissions and Congress on Crime Prevention and Criminal Justice; and he is currently on the editorial committee of ICOM’s International Observatory on Illicit Traffic in Cultural Goods. Prof Mackenzie is a member of the Peer Review Committee of the Arts and Humanities Research Council, Associate Editor of the Howard Journal of Criminal Justice, and a member of the editorial board of the British Journal of Criminology. His criminological research has been supported by grants and contracts from funders including the EU, ESRC, AHRC, both the UK and Scottish Governments, and the UN.

Sandy Nairne is currently Director of the National Portrait Gallery in London, a post he has held since 2002. As director of one of Britain’s popular national museums (visited by more than 2m each year) he has sought to combine a determined drive for research and scholarship in the understanding of collections and in making exhibitions, with a strong emphasis on education and community engagement. He has supported the wider implementation of advanced security procedures (combined with new technologies) to protect collections and loans, and the sharing of information about thefts and cases of forgery, even when this appears difficult for individual museums. 

In July 1994, as Director of Programmes for the Tate, Sandy Nairne flew to Frankfurt on the day following the shocking theft of two paintings by J.M.W.Turner, then worth £24m, and on loan to the Schirn Kunsthalle from the Tate. Nairne then spent eight and a half years coordinating the complex attempts to recover these two great masterpieces. The first was recovered in July 2000, but returned to Britain incognito in order not to disturb the connections made to those holding the second painting (with approval from the Frankfurt Prosecutors’ Office). Following an approved ‘payment for information’ the second painting was returned in December 2002. In 2011 Nairne published a detailed account of the recovery, combined with a close analysis of the issues surrounding high value art theft, from ethics, to value and to motivation. Art Theft and the Case of the Stolen Turners (Reaktion) has gone into a second printing, and been published in translation in Germany and in Japan.

Lyndel Prott AO (1991), Öst. EKWuK(i) (2000), Hon FAHA; LL.D. (honoris causa) B.A. LL.B. (University of Sydney), Licence Spéciale en Droit international (ULB Brussels), Dr. Juris (Tübingen) and member of Gray’s Inn, London, is former Director of UNESCO’s Division of Cultural Heritage and former Professor of Cultural Heritage Law at the University of Sydney. She has had a distinguished career in teaching, research and practice, including co-operation with ICOM and INTERPOL to improve co-ordination between civil and criminal law to deal with illicit traffic. At UNESCO 1990-2002 she was responsible for the administration of UNESCO’s Conventions and standard-setting Recommendations on the protection of cultural heritage and also for the negotiations on the 1999 Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and the Convention on the Protection of the Underwater Cultural Heritage 2001. She contributed as Observer for UNESCO to the negotiations for the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995. She has authored, co-authored or edited over 280 books, reports or articles, written in English, French or German and translated into 9 other languages. Currently Honorary Professor at the University of Queensland, she has taught at many universities including long distance learning courses on International Heritage Law.

Porta de la valle, Amelia

by Catherine Schofield Sezgin

The only full-time municipal law enforcement unit in the United States devoted to the investigation of art crimes, the Los Angeles Police Department’s Art Theft Detail, was founded in 1984. From 1993 to 2008 alone, LAPD’s Art Theft Detail recovered $71 million in stolen art. During the same period, the approximately 90 burglary detectives in the entire LAPD recovered about $64.5 million in stolen goods. Current recoveries for the Art Theft Detail total more than $81 million.

In 1992, oil paintings by Claude Monet and Pablo Picasso worth $13 million were stolen from a Brentwood ophthalmologist’s home and discovered five years later in a Cleveland, Ohio storage facility by the LAPD Art Theft Detail with the help of the Federal Bureau of Investigation (FBI).

In 1999, a handyman was arrested on a charge of grand theft for stealing 7,500 animation film cells valued at $1 million from a Sherman Oaks animation company; the suspect stole the pieces over time and sold them all over the country. The LAPD art theft unit found the art through searches on the Internet.

Detective Don Hrycyk (pronounced her-ris-sik) has worked on art theft and forgeries since 1994. He has a temporary partner, Mark Sommer, who has been filling in since 2009.

The website for the LAPD Art Theft Detail reported examples of a few art crimes:

Detective Hrycyk had previously worked in homicides and robberies. In 1997, Hrycyk and his predecessor, retired detective Bill Martin, were featured in a television show, “The Hunt for Amazing Treasure” on the Learning Channel, trying to recover $9 million in stolen artwork.

As ARCA's blog readership generally knows the Association for Research into Crimes against Art is a research and outreach organisation working to promote the study and research of art crime and cultural heritage protection.  One of the ways we do this is by identifying emerging and under-examined trends related to various types of art crime and in doing so work to highlight developing strategies that advocate for the responsible stewardship of our collective artistic and archaeological heritage.  In furtherance of that, each year ARCA hosts a weekend summer art crime conference in Italy, where allied professionals, academic scholars, and students across interdisciplinary fields convene within the old walls of the quiet Umbrian town of Amelia, for what has come to be known as the Amelia Conference. 

This year's event was held June 24-26, 2016. 

As with previous years, the objective of the conference was to share perspectives and approaches working to abate art crime and illicit cultural property trafficking internationally, while facilitating an atmosphere of communication and collaboration between professionals working in the sector in order to share new and emerging approaches. The conference takes place mid-way through ARCA’s ten-course Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection which in turn gives the Association's postgraduate students the opportunity to meet and speak with experts from all over the world while exchanging news, ideas and experiences.

The following report will provide a brief summary of the speakers’ messages in brief.

Photo Credit: Billie Fee

Alesia Koush, an art historian with Heritage Community Life Beyond Tourism® created by the Romualdo Del Bianco Foundation®, which has been operating for over twenty years for intercultural dialogue and peaceful coexistence in the world, gave the opening address.

Koush's research focuses on the protection of cultural heritage and she serves on the foundation’s international board of experts. In the framework of these activities, she conceived and coordinated two editions of the international workshop “Value Education for Culture, Peace and Human Development” – a theme representing the result of her multi-annual research, which she continues to develop participating at international conferences and publishing articles.

In Kouch's presentation “Without culture, there is no peace” she stressed that more recognition and legal protections for our shared, inalienable human right to culture are necessary. She reminded the audience of the teachings of Russian artist, Professor Nicholas Roerich and philosopher Swami Vivekananda who both stressed the need for protection of cultural values, stressing cultural education as a a critical component of teaching society of the necessity of preserving universal human values.

After the opening address, Saturday's first panel elaborated on the current climate of civil, national, and international law as it relates to cultural heritage protection.

Dr. Saskia Hufnagel, co-director of the Criminal Justice Centre at Queen Mary University of London, discussed the restitution of cultural heritage objects within the German context, pointing out that criminal prosecution can often be faster than civil restitution.

Ivett Paulovics and Pierfrancesco C. Fasano, Milan-based Attorneys-at-Law from FASANO Avvocati, noted the initial shortcomings and subsequent changes in the EU legal framework for unlawfully removed cultural objects and the important changes brought about by EU Directive 2014/60, involving a shift in the burden of proof onto the possessor of the object.

Lastly, Silvia Beltrametti of the University of Chicago Law School presented her study on the impact of court convictions of antiquities dealers on pricing and provenance of ancient artifacts at auction. Her analyses concluded that international treaties and legal threats correlate to a greater market demand for items with clearer and demonstrable provenance. The relationship was clearly exemplified by spikes in the price of classical and Egyptian objects accompanied by better documentation of the collecting history corresponding with the timing of high-profile prosecutions, like that of Fredrick Schultz and Giacomo Medici.
Elena Sciandra, a Ph.D. student in International Studies at the University of Trento School of International Studies with a M.Sc. in Criminal Justice Policy, shared her findings on illicit antiquities trafficking occurring in the Balkan region. Sciandra called for greater research dedicated to transit countries involved in trafficking activities.

Professors Kenneth Polk and Duncan Chappell examined and presented contemporary developments in the Antipodean art world. Dr. Polk is a retired Professor of Criminology at the University of Melbourne and continues to serve as a researcher on such topics as art theft, art fraud, and the illicit traffic in antiquities.  He also has been recently appointed by the Australian Government to the National Cultural Heritage Committee. Dr. Chappell is a lawyer and criminologist, currently teaching as a Professor in the Faculty of Law at the University of Sydney, and as a Conjoint Professor in the School of Psychiatry at the University of NSW. He is also the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security and ARCA's Art and Cultural Heritage Law professor for the Postgraduate Certificate Program. Together Polk and Chappell noted that typical trafficking portals in their region include Hong Kong, Bangkok, and Singapore and both cited multiple cases and legal instruments, including the “Head of Man” sold by Subhash Kapoor and the Australian 1986 Protection of Movable Cultural Heritage Act’s Section 14 on Unlawful Imports.

Conference Icebreaker with ARCA Minerva Scholars Ahmed Kzzo, Zuhoor Khalid Ali Al-Ansi, Ameer Doshee Jasim and Dr. Giorgio Buccellati and  Dr. Marilyn Kelly Buccellati