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Showing posts sorted by relevance for query center for art law. Sort by date Show all posts
Showing posts sorted by relevance for query center for art law. Sort by date Show all posts

May 10, 2014

A Report on the second day (and conclusion) of Authentication in Art at The Hague

Presentation on discovery of a new van Gogh painting
by Virginia M. Curry

The second session of the Authentication in Art Congress at The Hague presented a tour de force of scions defining the new intersections of science, art history and the law.

Dr. Ella Hendricks (Senior Paintings Conservator, Van Gogh Museum) and Muriel Geldof (Conservation Scientist, Cultural Heritage Agency of the Netherlands) in ‘Evaluating technical and analytical studies of Van Gogh’s paintings in support of attribution 'contemplated the  role of art-technological studies in the process of attributing and authenticating paintings by Vincent van Gogh in terms of consistency of the materials and techniques used, also leading to improved connoisseurship by informing and therefore refining our perception of the artist’s changing styles and techniques' (program).

In ‘Van Gogh and his oeuvre: the attribution process evaluated’ Dr. Tilborough (Senior Researcher, Van Gogh Museum) and  Teio Meedendorp (Researcher, Van Gogh Museum) emphasized that both transparency and access are key to their research.  This philosophy of transparency in research recently permitted Dr. van Tilborough and his team to discover and authenticate a new van Gogh painting, “Sunset at Montmajour”. The team compared “Sunset” to  van Gogh’s “The Rocks” from the Fine Arts Museum in Houston, and they were able to discern that the paintings were completed within two weeks of each other.

Dr. Ellen Landau discussed Pollock's "Mural" 
“We carried out art historical research into the style, depiction, use of materials and context, and found that everything indicated that the work is by van Gogh," according to Dr. Tilborough. " We were able to track the provenance to Theo’s collection in 1890 and it was sold  in 1901.  Letters from the artist refer to this painting."

Many thanks to Dr. Ellen Landau (Professor  emeritus of Art History, Case Western Reserve University) for her presentation, “Conservation as a Connoisseurship Tool: Jackson Pollock’s 1943 Mural for Peggy Guggenheim, A Case Study” which highlighted the joint analysis of Pollock’s 1943 painting “Mural” recently undertaken by the Getty.  The analysis debunked many misconceptions concerning the manner in which Pollock worked, and converted me thereby, to a deeper understanding and appreciation of his art.

Professor Robyn Slogget (Director, Center for Cultural Materials Conservation, University of Melbourne) and her associate, paintings conservator Vanessa Kowalski, highlighted several case studies involving the forgery of aborigine art and the pitfalls eventually overcome to develop a protocol of examination and non-invasive analysis -- assisting in successfully prosecuting a case of forgery of aborigine art in Melbourne.

PhD Student Elke Cwiertnia (Northumbria University, Newcastle) in ‘Examining artworks attributed to Francis Bacon (1909-1992) to aid authentication’ presented the methodology of examination and preservation employed by the Francis Bacon research project in their efforts to publish a catalogue raisonné of Bacon's work.

Panel chaired by Lawrence Shindell
The lively panel discussion led by art law attorney Lawrence Shindell examined the impact of current authenticity issues on the art market. The expertise of the responding panel drew on multiple perspectives ranging from those of the legal and academic communities to market economics.  The panel included Dr. Friederike Grafin von Bruhl, William Charron, Randall Willette, Dr. Jeroen Euwe and D. Anna Dempster.

Following the panel discussion, the congress group traveled for an exclusive view of the exhibition "Mondrian and Cubism, Paris 1912-1914” (in partnership with MOMA) at an opening hosted by the Mayor of The Hague, Jozias van Aartsen, and presentation by Hans Janssen, curator at large for modern art.

Ms. Curry is a retired FBI agent, a licensed private investigator, and an art historian.

October 8, 2019

Unpacking the investigation into Egypt's 2100 year old looted gold coffin

Shaaban Abdel-Gawad - Head of the Egyptian Department of Repatriation
Image Credit: Egyptian Department of Repatriation,
Ministry of Antiquities-Arab Republic of Egypt
Last week the controversially purchased, ancient gold mummiform coffin, inscribed in the name of Nedjemankh, was formally restituted to the Arab Republic of Egypt.  The plundered late Ptolemaic era antiquity had been purchased by New York's Metropolitan Museum of Art for €3.5m in 2017, following protracted negotiations with Paris-based art dealer Christophe Kunicki, and his partner Richard Semper.  The restitution was made after it came to light that the sellers had purportedly supplied their buyers with fabricated ownership records and falsified export documents attesting to the object's legitimacy.  Documents, it should be said, which the museum's buyers accepted, despite marked incongruencies and factual errors.

Last winter, with sufficient tangible evidence that the delicate cartonnage coffin had been smuggled out of Egypt recently, HSI New York and the D.A.’s Office sought, obtained, and executed a search warrant at the Metropolitan Museum of Art where they seized the antiquity pending the outcome of their completed investigation.  The New York warrant was issued on the basis that under the State's criminal law, barring the expiration of the statute of limitations, or application of the laches doctrine, the Metropolitan Museum of Art could not have obtained clear title unless the present-day possessor's title could be traced to someone with whom the original owner, in this case Egypt, had voluntarily entrusted the art.

The seizure was executed at The Met on February 15, 2019, and concluded one chapter in a lengthy and ongoing investigation, conducted jointly with law enforcement and heritage partners in the United States, Egypt, Germany, and France.  On the US side, the investigation was coordinated via the New York District Attorney, Cyrus Vance Jr., and overseen by New York Assistant D.A. Matthew Bogdanos, Senior Trial Counsel and Chief of the Antiquities Trafficking Unit.  Working on the case for U.S. Immigration and Customs Enforcement (ICE) for the U.S. Department of Homeland Security (HSI) were Special Agents Brent Easter and Robert Mancene.  The Government of the Arab Republic of Egypt for its part, provided evidence in the case and petitioned for the antiquity's return.

Left: U.S. Homeland Security Investigations special-agent-in-charge Peter Fitzhugh. Center Left: Egyptian Minister of Foreign Affairs Hassan Shoukry. Center: Manhattan District Attorney Cyrus Vance Jr. Center Right: Assistant District Attorney Matthew Bogdanos. Right: Antiquities Trafficking Analyst, Apsara Iyer. Image Credit NYDA's Office
While the seizure of a prestigious golden coffin, purchased by the largest art museum in the United States, may have shocked the general public, it is not the first time that the Metropolitan Museum of Art has run afoul in its purchase of high-value tainted objects for their collection that were later determined to have been stolen or looted.  Presented with credible and demonstrable evidence that the Egyptian coffin had been recently smuggled out of Egypt, in contravention of the country's cultural heritage laws, the museum quickly moved to cooperate with law enforcement, cutting short its successful exhibition of the Egyptian mummiform coffin and relinquishing their centerpiece artefact to the authorities for restitution.  Daniel Weiss, the President and Chief Executive Officer of the Metropolitan Museum of Art, apologised to Egypt and indicated the museum had been the victim of fraud and an unwitting participant in the illegal trade of antiquities.

At the hand-over ceremony, New York District Attorney Cyrus Roberts Vance Jr., issued a statement indicating that the gilded antiquity is "just one of hundreds of antiquities stolen by the same multi-national trafficking ring."  As of now, prosecutors have not announced charges against any of the actors they have identified in the smuggling case and the investigation is still ongoing.

Yet the story of this grand jury investigation into antiquities traffickers began long before the prestigious golden coffin found its way into the Egyptian Collection at the largest art museum in the United States. 

Information now cleared for disclosure through officials at New York's DA's office demonstrates that their office's Antiquities Trafficking U\nit began conducting an exhaustive international investigation into an illicit trafficking ring as early as 2013, following up on leads tied to individuals known to be working in the Middle East and Europe.  The focus of the investigation in New York centered on the movement of stolen and looted artifacts which transited into or through its jurisdiction, i.e., specifically New York County.

Material seized or relinquished voluntarily to the authorities during the course of this operation came from a variety of known and undisclosed sources. As a result of this evidence and investigation the New York DA's office has been able to successfully illustrate critical connections to, and between several suspects who, it is alleged, willingly facilitated the smuggling of antiquities, from Middle Eastern source countries for a share of the illegal profits.  It should be noted that while antiquities are looted from archaeological sites across the world, incidences of theft in areas of armed conflict are frequently more prevalent due to the lack of security, as was the case with this antiquity in Egypt.

Evidence related to this investigation included digital records of email correspondence which served to establish connections between suspected looters trading freely with middlemen smugglers and corrupt art dealers transacting in illicit material.  As part of the cache of evidence the DA's office also obtained financial transaction records and export documents along with photographs and videos, some of which show dirty and damaged antiquities, shortly after their immediate discovery.

Some of these photographs depict antiquities scattered on the ground. Other showed objects wrapped in newspapers, or lying on the floor in dimly lit rooms or hiding places.  Six of these images, attached to emails exchanged between suspects involved in the smuggling conspiracy, would prove integral to the coffin's restitution and were already evidence in the case long before the mummiform coffin, inscribed in the name of Nedjemankh arrived at the Met.

These photos were exchanged directly or indirectly between an initial looting suspect, a suspect in Germany and the Paris dealer the gilded coffin was shopped to.  Four of the images showed the priceless object in a newly looted state, still dirt-encrusted and laid out on top of a blanket.

Why do looters take incriminating photographs of freshly looted antiquities? 

In the underbelly of the illicit art market, authenticity brings a higher premium  than legitimacy.   Antiquities dating back a thousand years, broken into pieces, or still encrusted in soil, demonstrating the tell-tale signs of having been freshly unearthed, can be golden to a looter and enticing to the would-be unscrupulous buyer.  Antiquities depicted in such a sullied state demonstrate graphically that the object being flogged won't (usually) have an incriminating photo elsewhere, tucked away in some national ministry or museum archive.

Nor will a photo of a freshly looted antiquity raise any eyebrows during the standard sale vetting procedures which require stolen property checks with art loss databases which will have no record of the previously unknown object.  This allows those who trade in illicit antiquities to fabricate a back story that an object has been tucked away for decades in a private collection, effectively whitening the object's collection history so that it can more easily be sold on the ancient art market, at least in countries with less restrictive laws regarding the timeline of the and the rights of the unknowing good faith purchaser.

Most importantly photographic imagery of looted objects serves as visual proof to the buyer that what the seller is trying to peddle is likely to be (but not always) authentic.   And in the age of data plans and cell phones, looters are now known to snap videos of objects, even while they still rest in situ.  Passing recordings between one another, videos such as the one ARCA has archived below, serve as a record of the early stages of a looter's discovery.  Images such as these can demonstrate an  antiquity's authenticity and first steps of passage, even before it is extracted from a find site.


Start dirty but end clean (at least in appearance)...

In reconstructing the events surrounding the illegal exportation of the Egyptian mummiform coffin, researchers first had to try and trace a likely find spot for the object.  The elaborately decorated surface of the mummiform coffin depicts scenes and inscriptions, painted in thick gesso relief, to guide Nedjemankh on his journey from death to eternal life as a transfigured spirit.  Nedjemankh, was a high-ranking priest of an ancient ram-god Heryshaf, or Hershef, (Egyptian Ḥry-š=f) whose ancient cult was centered in Herakleopolis Magna, now Ihnasiyyah al-Madinah.  This location sits on the west bank of the Nile near Beni Suef, approximately 115 km south of Cairo and 120 km north of the Minya region.

In accordance with Egyptian funerary tradition of the period, the gold coffin and its now lost mummified occupant would have likely been placed in a sealed tomb, either within a burial niche or an outer sarcophagus.  Burial places for the elite that served Herakleopolis Magna during the period from the Old to Middle Kingdoms tended to be large rock-cut tombs created in the distant east bank sites of Sheikh Said and Deir el-Bersha, in the Minya Governorate in Upper Egypt.

Both of these areas have been subject to antiquities plunder, sometimes even by violent means.  As late as 2016 two guards, A'srāwy Kāmel Jād and Ali Khalaf Shāker, patrolling the tombs of Deir el-Bersha were killed when unknown assailants opened fire at them while at the site to loot archaeological material.  But in the case of the mummiform coffin, the looting seems to have taken place earlier, likely during the Arab Spring of 2011, in the midst of Egypt's political upheaval and the revolutionary period which toppled former president Muhammad Hosni El Sayed Mubarak.

Analysis of digital evidence: an increasingly important tool for solving crimes and preparing court cases

Looking to solidify the object's illicit origins and the time frame for its theft, investigators worked to reconstruct the initial passage of the object's timeline with evidence obtained from the suspects' correspondence. Using the six photographs taken of the mummiform coffin and later shared between the suspected tomb pillagers, middlemen and dealers, forensic analysis of the image files allowed the DA's office to establish a timetable for when each of the photos were taken, purportedly by the freelance grave robbers or their associates.  That research concluded that each of the six photographs were snapped in either October or November 2011.  That same photo analysis geolocated where the photographs were taken, inside Egypt. 

This evidence serves to contradict the manufactured export documentation produced by the coffin's launderers.  Works of fiction in their own right, and with striking inaccuracies and contradictions that should have been identified during the museum's due diligence process, the white-washed export documents fraudulently claimed that the sarcophagus once belonged to the Cairo merchant Habib Tawadros who purportedly sold the gilded coffin to a "Mme. Chatz" in Switzerland.

After passing from Egypt the investigation revealed that the coffin spent some time under the control of a known middleman operating in the United Arab Emirates, where the coffin was shipped after leaving Egypt and spent some time before moving on to Germany.  The coffin was then shipped from the UAE to Germany where it underwent restoration before ultimately passing on to Paris where it was viewed in person on December 2016 for consideration by Diana Craig Patch, the Lila Acheson Wallace Curator in Charge of the Department of Egyptian Arts at the Metropolitan Museum of Art.

Image Credit: Ministry of Antiquities-Arab Republic of Egypt
Despite a thorough paper trail which details precisely whose hands the object passed through, there is little information, that can been revealed to the public at this time, which identifies the specific shipment methodology the smugglers used to enable the object's the illegal transboundary movements and to circumvent the objects identification when crossing various borders on its journey from the source country of Egypt through to its final European 'destination, the upscale ancient art market of Paris.

The UAE-based suspect alleged to have been involved in this transaction was already well known to illicit trafficking researchers, as the gilded coffin was not the first plundered antiquity with fraudulent documentation the middleman dealer has been connected with.  In 2008 the Iranian trader, based in Sharjah, exported a limestone head of the Assyrian king Sargon II, declaring that the object was originally from Turkey. In 2010, US Customs inspected a package transiting through Newark International Airport which the dealer had shipped sent via FedEx. That package contained five ancient Egyptian objects dating from 343 B.C., or the Late Period, to 2081 B.C., during the Middle Kingdom on route to Holyland Numismatics in the US.   Again, in this case, the dealer had listed the country of manufacture as Turkey.  In 2011, he also exported a statue thought to represent either the goddess Demeter or her daughter Persephone, of the type only produced in Cyrenaica, ancient Libya. As with each of the previous cases, each time the dealer fraudulently issued misdeclarations, he listed the country of origin as Turkey, for objects originating from war torn countries in the Middle East though it remains unclear as to why he chose to do.

This Sharjah suspect in turn shipped the coffin on to two suspects in Germany who facilitated details of the transaction with Paris-based art dealer Christophe Kunicki, and his partner Richard Semper while the object underwent cleaning and restoration.

Thoughts on the museum's level of due diligence

In examining the provenance of the coffin, it is discouraging to note that the export documentation alone, should have given everyone who handled the object and its subsequent purchase pause, that is if they were acting in good faith and are innocent of any level of collusion.  At no point did anyone, the Sharjah dealer, the Germany-based conservator and intermediaries, Christophe Kunicki, Richard Semper, Curator Diana Patch or anyone else in the administration at the Metropolitan Museum of Art seriously question why the variously supplied export certificates, and their French and German translations, listed the issuing authority as "the Arab Republic of Egypt" and not as the "United Arab Republic".

From February 21, 1958 until the September 28, 1961 coup d’état, Egypt and Syria were a sovereign, if short lived, union known officially as the "United Arab Republic". All license applications, shipper's export declarations or export permissions would have referred to the country during this time period as the United Arab Republic (the U.A.R.) and would likely also have specified the regional territory it referred to, ergo, the United Arab Republic - the Southern (Egypt) region or the Northern (Syria) Region, whichever would have been applicable to the article being shipped.  Furthermore Egypt retained the name "United Arab Republic" even after Syria's departure from the union, using it as its official name through 1971.

While I don't fault the museum's staff for their innate lack of knowledge of geography and Middle Eastern political alliances, I do fault them for not having even tried to inform themselves given the enormous price tag of this purchase, let alone the possibility that they might (again) be facilitating looting by accepting fabricated documents so readily.  A simple, proactive cross check of history books, at any point during their due diligence process, would have alerted any of the non-colluding parties that something might be afoul with the coffin's exportation documents.  That one single cross-check could have prompted appropriate law enforcement authorities to act more quickly, and would have saved the Met considerable embarrassment, as well as acquisition cash. 

Likewise, as a member of the Association of Art Museum Directors (AAMD), one of the museum world’s most influential professional organizations, the Met is required to abide by AAMD acquisition guidelines.  These guidelines set standards by which member museums should go about conducting due diligence when acquiring archaeological material and ancient art.

Section III A of these guidelines specifically state:

A. Member museums should thoroughly research the ownership history of a Work prior to its acquisition, including making a rigorous effort to obtain accurate written documentation with respect to its history, including import and export documents. 


Left: Manhattan District Attorney Cyrus Vance Jr. Center: Egyptian Minister of Foreign Affairs Sameh Hassan Shoukry. Right: U.S. Homeland Security Investigations special-agent-in-charge Peter Fitzhugh. Image Credit NYDA's Office
Lessons learned and food for future purchasing thought

A statement from the ICOM International Observatory on Illicit Traffic in Cultural Goods states:

“It is important that museums, libraries, archives and art dealers continue to be able to develop their collections. Nevertheless, they should ensure that their collections are built up in accordance with universally recognised moral principles. They must take precautions to ensure that they acquire or borrow only ethically acceptable items and reject items that might have been looted or illegally exported.”

Failure to have engaged in serious due diligence of this artifact caused the Metropolitan Museum of Art to suffer by their own hands.  Likewise, the eye-popping prices the museum continues to pay for suspect artifacts exacerbates the difficulties already faced by customs and law enforcement agencies in deterring the illegal trade of ancient art.

Going forward, it might be worthwhile for the Met to consider enforcing a standard which requires its staff to sign off on a document testifying that they have strongly adhered to the AAMD guidelines and ICOM's suggestions before signing any million dollar checks for acquisitions.  Failing to carry out their required duties, the museum would then have sufficient recourse for termination.

This lack of sympathy was echoed by Peter C. Fitzhugh, Special Agent in Charge of HSI New York during the coffin's restitution ceremony, who said: 

“The high profit business of smuggling and trafficking antiquities has been around for centuries....but it is the responsibility of a buyer to confirm the proper provenance of a piece of art or antiquity."

In conclusion, prosecutors have not (yet) announced charges against any antiquities traffickers. After seven years of investigation the coffin is at last on public display at the National Museum of Egyptian Civilization (NMEC) in the suburbs of Cairo until it shifts to the Grand Egyptian Museum (GEM), which is expected to open in 2020.  When it does, the GEM will be the largest museum dedicated to a single civilisation.  I can't think of a better place for Egyptians to learn about Nedjemankh, his life in ancient Egypt.

By:  Lynda Albertson

March 23, 2016

Do You Know Where Your Art Has Been? When the Licit Antiquities Trade Masks an Illicit Criminal Enterprise

Robin Symes, was once one of London's best-known and most successful dealers in antiquities. For 30 years, he and his partner Christo Michailidis were inseparable as two of the movers and shakers in the global antiques trade.  Collecting property in London, New York and Athens, and fancy cars as well as antiquities, the two procured ancient artefacts for, and wined and dined with, the rich and famous, including well-known antiquities collectors Leon Levy and his wife Shelby White.

Building one of the world's largest ancient art businesses, Symes and Michailidis pieces also became part of museum collections around the globe, including the J Paul Getty Museum, the Minneapolis Institute of Arts and the Metropolitan Museum.   At the height of their enterprise Italian authorities estimated that the pair's jointly-run ancient art business earned them an estimated 170 million euro but a series of missteps proved the dealers' undoing, literally and figuratively and in 2005 Symes served a very brief jail sentence for disregarding court orders over the sale of a £3m Egyptian statue.

Art Dealer Robin Symes
In 2006 Symes was further implicated as being part of one of the most sophisticated illicit antiquities networks in the world in a bookThe Medici Conspiracy: The Illicit Journey of Looted Antiquities from Italy's Tomb Raiders to the World's Greatest Museums” by Peter Watson and Cecelia Todeschini.  The Medici Conspiracy outlined Symes' assets which included thirty-three known warehouses encompassing some 17,000 objects worth an estimated £125 million ($210 million) as well as his ties to traffickers in Europe's illicit antiquities trade. Each of the museums mentioned above were subsequently forced to relinquish looted objects that had been laundered illegally and which at one time had passed through networks connected with  Symes.

In addition to requests for museum repatriations, the Italian government has also gone after collectors who have purchased Symes-tainted art for their individual private collections.  In November 2006 they asked Syme's client and friend New York collector Shelby White to return more than 20 objects from the Levy-White collection looted from southern Italy. An avid collector and philanthropist, White had donated $20 million to financing for the Metropolitan's expanded wing of Greek and Roman art.   That same year she made a $200 million gift of cash and real estate to New York University via the Leon Levy Foundation to finance the University's Institute for the Study of the Ancient World (ISAW).

After 18 months of intense negotiations, White ceded ten classical antiquities to the Italian government from the Shelby White and Leon Levy private collection.  One of the ten objects was an attic red-figured calyx-krater depicting Herakles slaying Kyknos, signed by the celebrated fifth-century B.C. painter Euphronios.  This object had once been on extended loan to the Metropolitan Museum.  Discussed in Watson and Todeschini's book, (pages 128-32) and illustrated in J. Boardman's “The History of Greek Vases, (fig. 120), the calyx-krater vessel had been laundered through the hands of tainted antiquities dealers Giacomo Medici, Bob Hecht and Robin Symes before finally coming to rest within the White/Levy collection.  Polaroids held by the Italian government used in the investigation clearly show the object broken into pieces with dirt still clinging to the vase fragments.

Another returned Shelby White and Leon Levy object was a small bronze statue purchased through Symes for 1.2 million dollars in 1990.   The bronze had been displayed during the exhibition “Glories of the Past: Ancient Art From the Shelby White and Leon Levy Collection”, a presentation of over 200 objects from the couple's ancient art collection on view at the Metropolitan Museum.  Italian authorities traced this bronze to Symes via thirteen photographs seized through convicted antiquities trafficker Giacomo Medici.  The photos showed the statue also covered with dirt during the early stages of its trafficking from tombarolo to the collections of the wealthy.

But despite academic pressure regarding the many tainted pieces in their collection, Ms. White has steadfastly maintained that she and her husband, who died in 2003, purchased their artifacts in good faith and had no knowledge that objects within their collection included those which were clandestinely excavated and trafficked out of source countries.   

Given White's roll in the formation of ISAW, which on its website states is "a center for advanced scholarly research and graduate education, which aims to encourage particularly the study of the economic, religious, political and cultural connections between ancient civilizations" it seems unusual that a seasoned collector of White's caliber would not have understood the implications of an object's collection history prior to purchasing high-end antiquities, especially given the hefty price tags that accompanied many of the family's ancient art acquisitions.

But back to the dealer Symes himself. 

When prosecuted for some of his offences, Symes lied to the court and claimed that he had stored his antiquities in five warehouses.  It later transpired that he had secretly stashed items in more than 30 warehouses, peppered between London, New York and Switzerland, some of which the authorities are continuing to search for. One of these storage facilities was the subject of a closed door press conference in Rome on March 22, 2016.

When seasoned officers from Italy's Art Policing division, the Comando Carabinieri per la Tutela del Patrimonio Culturale pried open forty-five large wooden shipping crates at a Port Franc freeport warehouse storage facility in Geneva in January 2016 they were shocked by the contents they found. Carefully inventoried, complete with dated newspaper wrappings, was enough ancient art to fill a museum: 5,300 objects spanning 1500 years of Italian archeology. 

In one singular warehouse, stashed away for 15 years, the British art dealer had squirrelled away an Ali Baba's cave-worthy hoard of Roman and Etruscan treasures.  Among the objects were two exceptional sixth century BCE Etruscan sarcophagi looted from Tuscania; one of a reclining young woman with pink painted eyes and another of an elderly man. The crates were also filled with bas-reliefs and a cache of fresco fragments, some of which are believed to have come from a painted from a temple of Cerveteri, perhaps from the Vigna Marini Vitalini.  Whoever packed the crates methodically catalogued each of the box's contents, pasting a photocopy of the images of the contents to the exterior of each shipping container. Many of the art shipping containers contained an impressive quantity of attic pottery, painted plates, marble busts and bronzes.


During the press conference at the Carabinieri TPC barracks in Trastevere Italy's Minister of Cultural Heritage and Activities and Tourism Dario Franceschini, Italian deputy prosecutor Giancarlo Capaldo, superintendent for Southern Etruria Alfonsina Russo and the head of the Carabinieri TPC Division, praised the coordinated efforts of the Swiss and Italian investigators. General Commander of the Carabinieri TPC, Mariano Mossa estimated the value of the objects discovered in the warehouse to be worth nine million euros.  

Culture Minister Franceschini called the warehouse raid "one of the most important finds of recent decades".   Prosecutor Giancarlo Capaldo stated that the objects were stolen in the seventies, in clandestine excavations in Campania, Calabria, Sicily and Puglia as well as looted in Etruria. At some point in the looting campaign, the antiquities were smuggled into the Geneva freeport facility where they remained untouched and unopened.  Capaldo stated that they believe that the statues, tiles and sarcophagi were to be illegally exported and sold under false papers to collectors in Germany, Japan and other various collector countries.

Stefano Alessandrini, a consultant to Italy's State Prosecutor and Cultural Ministry and a lecturer during ARCA's postgraduate program who lectures for ARCA's Art Law and Illicit Trafficking course says that it is impossible to give a precise financial figure on the value of material stolen from Italy over the last half a century, ie. from the beginning of the 1970s.   Italian authorities believe that millions of objects have been illegally excavated and trafficked and some estimate the value of lost heritage due to antiquities looting to be as high as several billion euros.

Alessandrini emphasized that when reporters ask for financial figures to indicate art's value they do not take into consideration the “priceless” aspect of an object:  the loss of its historic information about the western world and the context in which the objects were found or how the tangible remains of antiquity gives us insightful information about ancient culture and civilisations. Alessandrini stated that only a small portion of the Italy’s looted art is ever located, and when it is, it is often only repatriated to Italy following lengthy litigation or extracted negotiations between the purchasers and the authorities in source countries.

Alessandrini stated "When looted works of ancient art end up in foreign museums or are sold by auction houses and antique dealers we have a good chance to identify and recover them because we have photographs.  But many of the antiquities are still hidden in caches of traffickers like this one or in the collections of unscrupulous collectors that haven't been displayed publicly."

It is believed that the return of the this cache of looted heritage will increase pressure on Great Britain to hand over another 700 disputed artefacts linked to the same collector that are currently being held by the liquidator for Mr Symes estate following his declared bankruptcy.  The UK cache of objects includes sculptures, jewellery and vases, most of which are believed by antiquities trafficking researchers to be Etruscan in origin and to have come predominantly from the Lazio and Tuscany regions of Italy.

In selecting antiquities, individual collectors and museums have choices. They can choose to focus exclusively on the historic, aesthetic and economic benefits of their acquisitions in formulating their collections or they can add ethical and moral criteria to their purchase considerations.  It's time for private collectors to conscientiously ask themselves

Who am I buying from?

Why does a dealer or group of dealers appear to have an unending supply of archaeological material?

and

Should I spend large sums of money purchasing objects that destroy, scatter or obliterate it as a source of historical information giving us insight into the past?

and

Will my purchase further more looting, theft, smuggling, or fraud?
and 

Could the proceeds of my purchase be used for nefarious purposes such as financing terrorism, militant activity or organised crime?

By Lynda Albertson, ARCA CEO

A partial sampling of images of some of the objects from the January 2016 Symes Geneva freeport seizure are included below.  ARCA has maintained a complete photo inventory of all objects seized for research purposes.

Copyright ARCA

Note the Newspaper date and packing materials of US Origin - Copyright ARCA

Roman Sarcophagus with added Christian elements - Copyright ARCA

Closeup of Antique Trade Gazette dating to August 1990, gives clue to date when crates were packed - Copyright ARCA

Vase and matching polaroid - Copyright ARCA

Shipping crates used by Symes as they appeared when opened by the Carabinieri TPV - Copyright ARCA

Copyright ARCA

Copyright ARCA

Copyright ARCA

Copyright ARCA

Vase fragments with matching trafficker polaroid - Copyright ARCA

Copyright ARCA

Copyright ARCA

Copyright ARCA

Copyright ARCA

Syme's external inventory pasted to the outside of each crate -  Copyright ARCA









January 7, 2017

Saturday, January 07, 2017 - ,,, No comments

The officers who serve to protect art in the UK Military: A personal account by Lt Col Tim Purbrick

This article is republished with permission from the official British Army Blog viewable here.

During the latter stages of the Second World War a group of American and British archaeologists, museum curators and architects formed up as a curious military unit called the Monuments, Fine Arts and Archives section which became known as the Monuments Men. Their job was to protect the cultural property wherever the conflict was being fought. This included places as diverse as North Africa and Italy, northern Europe, Greece and the Far East. The wartime activities of this specialist Allied military unit have been written about extensively and were recently portrayed by George Clooney, Bill Murray, Hugh Bonneville, Matt Damon and others in the movie Monuments Men.

Lt Col Tim Purbrick
After the war the nations of the world considered the implications of the damage, destruction and looting of cultural property which had taken place during the Second World War. It was felt that the international humanitarian law extant during the war for the protection of cultural property during conflict could be strengthened. This led to the introduction of the Hague Convention (1954), which was followed by its two Protocols of 1954 and 1999. The UK signed the Convention in 1954 but did not ratify it, which means that the Convention was not brought into UK law. In 2004 the Government decided that the effect of the 1999 Protocol met the criteria for ratification and announced that the Convention would be ratified at the earliest opportunity that Parliamentary time permitted.

US Military personnel recover paintings from Neuschwanstein Castle. Courtesy National Archives and Records Administration/American Jewish Historical Society/Center for Jewish History

At the back end of 2013 I was standing at the magazine racks next to my desk at Army HQ congratulating myself as I read an article which I had written on green energy in the British Army Review (BAR). The BAR is a largely internal Army magazine which was then published by the Army HQ Concepts Branch where I work for a day a week as an Army Reserve. Flicking through the other pages of the same issue of BAR I came across a far more interesting article about what activities the military should undertake for the protection of cultural property during conflict. It had been written by Professor Peter Stone OBE of Newcastle University.

To understand why I was fascinated you need to know the three pieces of baggage that I brought to the start of Prof Stone’s article. Our family company, which I now work for, are private art dealers in London. We deal in Impressionist, Modern and Contemporary art. I have been hanging around the business for 25 years and some of it rubbed off on me over that time! I had also spent 12 years tracking down stolen plant and equipment and stolen art and antiquities for The Equipment Register and The Art Loss Register so I had some understanding of the issues around cultural property theft. Underlying these was been my long term interest in the activities of the Monuments, Fine Arts and Archives sections during the Second World War, an interest which had been triggered by reading Lynn Nicholas’s outstanding book The Rape of Europa: The Fate of Europe’s Treasures in the Third Reich and the Second World War. It led me to many other books on the same subject.

Fortuitously, my current post is in the Concepts Branch of Army HQ. Our job is to work with academics, think tanks, military scientists and subject matter experts to attempt to understand what the future environment looks like so that we can propose how best to shape the Army to meet the challenges of that future environment. By the time I came across Prof Stone’s article I had already written one of our papers, which we call analytical concepts, on the future of the media and Army media operations. A second paper, on the future employment of cyber at the tactical and operational level, was already on circulation for comments by senior officers. These analytical concepts are highly detailed pieces of research work akin to a university dissertation or even, I kid myself, a Phd as it is generally a unique, first time look, in depth at a key issue for the future development of Army capability. Could cultural property protection (CPP) be my next analytical concept?

Literally the moment that I had finished reading the article I tracked down Prof Stone’s telephone number at Newcastle University and rang him up. Prof Stone and I had one of those interesting conversations: ‘you don’t know who I am’, I said, ‘but I have read your article in the British Army Review, I work at Army HQ and I think that there’s something that we may be able to do about your proposals.’ Prof Stone is also head of the UK Committee of the Blue Shield, an organisation which works with Governments to advise on the protection of cultural property during conflict. The Prof had some experience with the Armed Forces having advised NATO on what and where not to strike in Libya during OP ELLAMY in 2011. He had been trying to persuade the Armed Forces to take more of an interest in CPP so he was quite surprised to have someone from the Army calling him out of the blue to suggest that we could possibly do something about protecting cultural property during conflict.

I drafted a proposal for an analytical concept paper and took it to my Concepts Desk boss, Col Tim Law. Col Tim immediately agreed to let me write the proposed paper. Even though this issue was more current and not one of our future concept papers which look out 20 years, Col Tim and his boss, Brig Simon Deakin, saw the merit of the recommendations in Prof Stone’s article and in the Concepts Branch writing and circulating a paper. Over the coming weeks this became a draft document titled Delivering a Cultural Property Protection Capability. In the way that happens with all our papers, in a process that was to take to the end of July 2015, it was first circulated around Army HQ at Colonel level, comments were received back from these officers, the paper was amended, then it was sent out to Brigadier or 1 star level, comments were received and so the process went on until it had been all the way to the top of the Army where it was seen by Lt Gen Sir James Everard KCB, Commander of the Field Army.

Alongside the start of this internal circulation, with such a complex issue and with such little expertise on it within the Armed Forces, it was important for the paper’s credibility to have it validated by the real experts in academia, museums and amongst our Allies who had either already been involved in CPP for years or who had cultural property protection policies and plans in place for armed conflict. So, I shared the draft paper widely with many of those who quickly became key advisors, amending technicalities and suggesting generalities, giving the paper credibility inside and outside the Army and also giving us all a stake in the paper’s success.

In parallel to the paper and further afield I met up with a group of cultural property experts at the Defence College in Shrivenham. The group included Prof Stone, Richard Osgood, the MOD’s senior archaeologist at the Defence Infrastructure Organisation, Victoria Syme-Taylor from King’s College London, and Dr Nick Marquez-Grant and Prof Andrew Shortland from Cranfield University. Also attending were military educator Maj Dave Mason from the Defence Cultural Specialist Unit (DCSU) at RAF Henlow, to assist with identifying and drafting the individual skill sets required by cultural property protection officers, and Lt Col Alasdair Morrison, a military lawyer from the Operational Law Department in Warminster, to advise on military and international law.

This group became the Military Cultural Property Protection Working Group and it met for the first time in early 2014.

April 11, 2015

Sir, how much is that (2nd Century B.C.E.) Vase in the Window? Part III

Antiquities trafficking continues to make headlines in multiple countries in 2015.  In this last of a three part series, ARCA explores one final art trafficking network that underscores that the ownership and commodification of the past continues long after the traffickers have been identified.

August 31, 1995
Europa Paestan red-figure Asteas signed calyx-krater
In a fluke summer accident, Pasquale Camera, a former captain of the Guardia di Finanza turned middle-man art dealer, lost control of his car on Italy’s Autostrada del Sole, Italy's north-south motorway, as he approached the exit for Cassino, a small town an hour and a half south of Rome.  Smashing into a guardrail and flipping his Renault on its roof, Camera’s automobile accident not only ended his life but set into motion a chain reaction that resulted in a major law enforcement breakthrough that disrupted one of Italy’s largest antiquities trafficking networks.

While the fatal traffic accident fell under the jurisdiction of Italy’s Polizia Stradale, the Commander of the Carabinieri in Cassino was also called to the scene.  The investigating officers had found numerous photographs in Camera's vehicle which substantiated what investigators had already suspected, that the objects depicted in the photos had been illegally-excavated and that Camera had been actively dealing in looted antiquities.
Tombarolo holding Asteas signed calyx-krater

The images in the car were of a hodgepodge of ancient art.  Two that stood out in particular were of a statue in the image of Artemis against the backdrop of home furnishings and a Paestan red-figure calyx-krater, signed by Asteas in what looked to be someone's garage.  

Having been previously assigned to the Comando Carabinieri Tutela Patrimonio Culturale, the  Commander from Cassino called the TPC’s Division General, Roberto Conforti, who requested a warrant be issued to search the premises of Camera’s apartment in Rome, near Piazza Bologna.

Investigators who carried out the search of Pasquale Camera's personal possessions discovered hundreds of photographs, fake and genuine antiquities,  reams of documentation and the now famous Medici organagram.  This org chart revealed Giacomo Medici’s central position in the organization of the antiquities trade out of Italy.  Interestingly, the wallpaper in Cameria's apartment also matched the background of the photo of the Artemide Marciante found in Camera's vehicle. 

Subsistance Looter to Middle Man

Another photo, of Antimo Cacciapuoti, showed the tombarolo holding the freshly-looted Asteas-signed Europa krater.  A copy of this photo was provided by journalist Fabio Isman for the purpose of this article.  Isman confirmed that this image was one of the Polaroids found in Camera's Renault and went on to add that during later negotiations Cacciapuoti would confess to having been paid 1 million lire plus "a suckling pig" for his work in supplying the krater.

One of the links in Italy's largest known trafficking chain had begun to crack.

Medici Organagram
As the investigation progressed authorities went on to raid Giacomo Medici’s warehouse at the Geneva Freeport in September 1995 and recovered 3,800 objects and another 4,000 photographs of ancient art that had, at one time or another, passed through Medici’s network.

1998  Identifications

Matching seized photos to looted works of art is a laborious process.  Three years after the start of the investigation Daniela Rizzo and Maurizio Pellegrini from the Soprintendenza per i Beni Archeologici dell'Etruria meridionale at the Villa Giulia, working with the Procura della Repubblica (the state prosecutor's office) and the Court of Rome on this case, identified the Artemide Marciante from the photo found at the scene of Camera's fatal auto accident.  The photo of the statue matched another found in a June 1998 issue of House and Garden Magazine and another photo seized from Giacomo Medici which showed the object unrestored and with dirt still on it.  This statue was ultimately recovered from Frieda Tchacos.

Rizzo and Pellegrini also identified the location of the Paestan red-figure calyx krater, painted and signed by Asteas.  It had been sold by the dealer Gianfranco Becchina to the John Paul Getty Museum in 1981.
2001-2005 More Seizures

In the early years of the new century law enforcement authorities investigating this trafficking cell widened their attention on Gianfranco Becchina, whose name was listed on  the organagram, placing him as head of a cordata and as a primary supplier to Robert Hecht.  This important lead convinced investigators to explore Becchina's suspected involvement in this trafficking cell. 

As the investigation continued authorities seized 140 binders containing 13,000 more documents, 8,000 additional photographs of suspect objects and 6,315 artworks from Becchina's storage facilities and gallery.

But the purpose of this article is not to rehash a 19-year old story already detailed in “The Medici Conspiracy” by Peter Watson and Cecilia Todeschini.    It is now fairly common knowledge that an estimated 1.5 million items have been looted from Italy's myriad archaeological sites during the past four decades and a surprising number of these illicit objects have ended up in some of the world's most prestigious museums via ancient art dealers passing through the hands of Giacomo Medici, Gianfranco Becchina, Robert Emanuel Hecht Jr., and Robin Symes.

Instead, this article focuses on what is happening in the present and serves to demonstrate that despite the nearly two decades that have past since Pasquale Camera's car veered off Italy's A-1 autostrada, suspect illicit antiquities, traceable to this network, continue to be sold, often openly, on the lucrative licit art market.

To underscore the conundrum of looted to legitimate Dr. Christos Tsirogiannis a Research Assistant with the Trafficking Culture Project, housed in the Scottish Centre for Crime and Justice Research at the University of Glasgow has highlighted four objects for sale at Christie’s upcoming antiquities auction in London, on Wednesday, 15 April 2015.  For the last eight years (2007-present), Tsirogiannis has been identifying looted and ‘toxic’ antiquities as they come up for sale from photographic evidence he was given by authorities from the three primary dossiers of photographs derived from the property seizures in these cases.

Each of these four objects listed below have been identified by Tsirogiannis as having corresponding photos in these archives, something potential purchasers may want to consider when bidding on antiquities that, at face value, are reported to have legitimate collection histories.

SALE 10372 Lot 83 Property of a Gentlemen
Provenance: Private collection, Japan, acquired prior to 1980s.
Anonymous sale; Christies, New York, 12 December 2002, lot 16.
Private collection, New York, acquired at the above sale with Charles Ede Ltd, London, from whom acquired by the present owner in 2006.
Beazley archive no. 26090. 

SALE 10372 Lot 102 Property from a London Collection
Provenance:   Anonymous sale; Sotheby's, London, 9 December 1985, lot 273, when acquired by the present owner.  

SALE 10372 Lot 108 Property from a London Collection
Provenance: Anonymous sale; Sotheby's, London, 8 December 1986, lot 183, when acquired by the present owner.

SALE 10372 Lot 113: Property from a Private Collection, Canada
Provenance with Petit Musée, Montreal, from whom acquired by the present owner in 1998.

At first blush, review of Christie's sales notes on these objects seems to demonstrate a modicum of collecting history pedigree which normally would serve to comfort potential buyers.  None of the auction lot however go on to reveal where these objects were found, or whether their excavation and exportation from their country of origin were legal.  

This should be the first alarm bell to any informed collector considering a purchase on the licit antiquities market.  ARCA reminds its readers and buyers of art works that lack of this information in an object's collection history should be a strong signal that the object may be suspect and that it is better to walk away from a beautiful antiquity than purchase an object that quite possibly may have been looted or illegally exported.

Extracts from Notes by Dr. Tsirogiannis on the Christie's Auction Lots

Regarding Lot 83
Christie's catalogue does not include any collecting history of this Greek amphora before its appearance in Japan in the 1980's. Documentation in the Becchina archive links Becchina to three German professors regarding the examination of the amphora in the 1970's.

Regarding Lot 102 
From Watson's and Todeschini's book, we know that in the 1980's Medici used to consign antiquities to Sotheby's in London, through various companies and individuals.  Why does the Christies auction not include any collecting history before the 1985 Sotheby's auction.

Regarding Lot 108

Again, Christie's advertise their due diligence, but the catalogue does not include any collecting history of this antiquity before the 1986 Sotheby's auction.

Regarding Lot 113
Again, Christie's advertise their due diligence, but the catalogue is not precise about the collecting history of this antiquity prior to 1998.

Are these Notifications Helpful?

In the past, when Dr. Tsirogiannis or Dr. David Gill have pointed out objects with tainted collection histories, dealer association members and private collectors have countered by screaming foul. They have asked,
Others have criticized this practice saying that by outing sellers and auction houses on their tainted inventory, the objects simply get pulled from auction and proceed underground.  Detractors believe that this leaves dealers to trade illicit objects in more discreet circles, where screenshots and image capture are less accessible to investigators and researchers and where the change of hands from one collector to another adds a future layer of authenticity, especially where private collections in remote location buyers are less likely to be questioned.

I would counter these concerns by saying that researchers working on this case diligently work to not impede ongoing investigations by the Comando Carabinieri Tutela Patrimonio Culturale and Italy's Procura della Repubblica and to notify the appropriate legal authorities in the countries where these auctions take place.   In the case of these four antiquities INTERPOL, the Metropolitan Police and the Italian Carabinieri have been notified.

But police officers and dedicated researchers only have so many sets of eyes and the prosecution of art crime requires dedicated investigators and court hours not often available to the degree to which this complex problem warrants.   To mitigate that, it is time that we dedicate more time educating the opposite end of the looting food chain; the buyer.

The academic community needs to learn to apply persuasive, not adversarial, pressure on the end customer; the buyers and custodians of objects from our collective past.  By helping buyers become better-informed and conscientious collectors we can encourage them to demand that the pieces they collect have thorough collection histories or will not be purchased.  As discerning buyers become more selective, dealers will need to change their intentionally blind-eye practice of passing off suspect antiquities with one or two lines of legitimate buyers attached to them.  

Buyers would also be wise to apply the same pressure to auction houses that they apply to dealers, persuading them to adopt more stringent policies on accepting consignments.  Auction houses in turn should inform consignors that before accepting items for consignment that have limited collection histories they will be voluntarily checking with authorities to see if these objects appear in these suspect photo dossiers.  In this way the legitimate art market would avoid the circular drama of having their auctions blemished with reports of trafficked items going up for sale to unsuspecting buyers or to having gaps in their auction schedule when auction houses are forced to withdraw items on the eve of an upcoming sale.

In April 2014 James Ede, owner of a leading London-based gallery in the field of Ancient Art and board member of the International Association of Dealers in Ancient Art wrote an article in defense of the antiquities trade in Apollo Magazine where he stated:

The IADAA's Code of Ethics states: "The members of IADAA undertake not to purchase or sell objects until they have established to the best of their ability that such objects were not stolen from excavations, architectural monuments, public institutions or private property."

In the past Mr. Ede has stated that small dealers couldn't afford to use private stolen art databases such as those at the Art Loss Register.  I would ask Mr. Ede in the alternative how many London dealers registered with the IADAA have ever picked up the phone and asked Scotland Yard's art squad to check with INTERPOL or their Italian law enforcement colleagues when accepting a consignment where the collecting histories of an object deserved a little more scrutiny? 

Or better still, should the more than 14,000 photos of objects from these dossiers ever be released, to private stolen art databases or to a wider public audience, how would the IADAA ensure that its membership actually cross-examine the entire archival record before signing off that the object is not tainted? Mr. Ede has also indicated previously that the IADAA only requires its members to do checks on objects worth more than £2000.  Items of lessor value would take too much time or prove too costly to the dealers.

In 2015 is it correct for dealers to remain this passive and wait for law enforcement to tell them something is afoot?  Would the general public accept such an attitude from used car sellers regarding stolen cars?

Given that Mr. Ede is the former chairman and board member since the founding of the IADAA, an adviser of the British Government, a valuer for the Portable Antiquities Scheme, and a member of the council of the British Art Market Federation his thoughts on this matter carry considerable weight in the UK.  As such he is scheduled to speak on April 14, 2015 at the Victoria and Albert Museum on "The Plunder: Getting a global audience involved in the story of stolen antiquities from Iraq and Syria."

I am curious how Professor Maamoun Abdulkarim, Director General Art and Museums, Syria  who is also speaking at this event would feel about low valued items being excluded from the IADAA's "clean or tainted" cross checks or if Mr. Ede has any workable suggestions that would actually begin to address this problem in an active, rather than passive way among the art dealing community.  

Will blood antiquities be held to a higher standard of evaluation given the public's interest while it remains business as usual for objects looted from source countries not involved in civil war or conflict?

By Lynda Albertson


References Used in This Article

Antoniutti, A., and C. Spada. "Fabio Isman, I predatori dell'arte perduta. Il saccheggio dell'archeologia in Italia." Economia della Cultura 19.2 (2009): 301-301.
Gill, David,   "Almagià: "It’s ridiculous Princeton didn’t do anything to fight that" Looting Matters (August 2010)

Felch, Jason, and Ralph Frammolino. "Chasing Aphrodite. The Hunt for Looted Antiquities at the World’s Richest Museum." (2001).

Isman, Fabio "Un milione di oggetti clandestini" Il Giornale di Arte, (May 2011)

Marconi, Clemente, ed. Greek Vases: Images, Contexts and Controversies; Proceedings of the Conference Sponsored by The Center for the Ancient Mediterranean at Columbia University, 23-24 March 2002. Vol. 25. Brill, 2004.
Watson, Peter, and Cecilia Todeschini. "The Medici Conspiracy: Organized Crime, Looted Antiquities, Rogue Museums." (2006).