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March 24, 2017

Repatriation: Roman sarcophagus held at Swiss Freeport finally clears last hurdle for its return to Turkey

Image taken September 23, 2015
by the Office of the Attorney General of the Canton of Geneva - Image Credit: AFP
In December 2010, Swiss Federal Customs Administration authorities, acting under new customs legislation to combat trafficking in works of art, requested access to the inventory of Phoenix Ancient Art SA., a major supplier of museum-quality antiquities, which stores ancient works of art at the Ports Francs et Entrepôts de Genève, a freeport located in a sprawling grey industrial building on the corner of a busy junction in southwest Geneva. 

For more information about freeports as a tax free haven to store art, please see a few of ARCA's earlier blog posts here, here, and here

At the time of the audit, authorities inspected the holdings of both Phoenix Ancient Art and its warehouseman and freight forwarder, Inanna Art Services.  During this inspection, Swiss authorities discovered, but didn't physically seize, a 1-2 ton, 150-180 CE Roman sarcophagus which depicted the twelve labours of the ancient Greek war deity, Hercules. According to customs information on file for the antiquity, the sarcophagus was imported into Switzerland in the name of Phoenix Ancient Art, which often used Inanna Art Services to store its goods or to transport works of art to and from other countries. 

This extraordinary ancient funerary object, likely only one of four of this significant quality documented in the ancient art world, had little in the way of detailed provenance.  For a piece of its quality to have nothing tying it to a previously known ancient art collection; no notations of its discovery or find spot, and nothing notable in the way of published scholarly examination of its style and iconography, rang alarm bells in Switzerland. 

In a recent video, with Al Jazeera news, Ali Aboutaam claimed that the ancient funerary object had been purchased by his father and had been in their family for 25 years. While under their control, he indicated that the sarcophagus had always been stored at the Geneva freeport aside from when it was shipped to the UK for conservation treatment.   Ali Aboutam added that in 2010 the object was sold to the Gandur Foundation as a donation to the Musée d’Art ed d’Histoire in Geneva and according to Phoenix Ancient Art's attorney Bastien Geiger, Sleiman Aboutaam purchased the object in the early 90s.

Phoenix Ancient Art had proposed the sarcophagus to billionaire Swiss tycoon and commodities trader, Jean-Claude Gandur in the spring of 2010 for an estimated $1 - 4 million saying that the firm was acting on behalf of a third party whom they interestingly refused to disclose.  Gandur, who made a fortune during the 1990s buying oil concessions in Africa, has long been a powerful collector of ancient art, as well as a long term patron of the Musée d’Art et d’histoire in Geneva. 

In consideration of the donation, Marc-André Haldimann, head of the archaeology department of the Musée d’Art ed d’Histoire of Geneva and the director of the museum, Jean-Yves Marin, went to the freeport and inspected the sarcophagus to carry out an appraisal for consideration.  The pair however remained highly skeptical of the lack of established information on the ancient sarcophagus, which implied possible illicit origins.  

How could such a prestigious object emerge on the ancient art market having never been talked or written about previously?   

Wouldn't the archaeologist who discovered such a masterpiece have mentioned this spectacular find in his or her field notes?  

Wouldn't a scholar of some repute have compared it in an academic article with the other known artworks by the same signatory group of sculptures or other sarcophagi depicting Hercules?

The only documentation Phoenix Ancient Art produced which attested to the fundamental question of this exceptional object's past, were independently established statements attesting that the ancient work of art was part of the Aboutaam collection from 2002 onward and a certificate from Art Loss Register attesting the object had been checked against ALR's known stolen art database registry.  Ultimately the sale to the Gandur Foundation was cancelled, in no small part because of suspicions that the object had been smuggled out of its source country. 

In March 2011, the Specialized Body for the International Transfer of Cultural Property at the Swiss Federal Office of Culture (FOC) issued a statement that they believed the sarcophagus had originated from the general area of the famous marble quarries of Dokimion in Phrygia, the present day Antalya region of Turkey. The Dokimeian white marble sarcophagus was likely sculpted sometime during the the second century, when the area was under Roman rule. 

Based on the FOC's examination, Swiss authorities alerted their counterparts in Ankara, and Turkey in turn, issued a demand for the restitution of the rare antiquarian work by a letter rogatory of July 2011. Turkey also sent a request for mutual assistance to the Geneva court and an inquiry was formally opened in Switzerland to look into alleged violations of the Cultural Property Transfer Act (LTBC).  This act requires art market professionals keep a register for 30 years, in which the "origin of the cultural property" is to be documented. 

In order for the sarcophagus to have been in good standing in Switzerland under the LTBC, the dealers would be obliged to prove that the acquired object was in an old collection outside the source country prior to 2005 or to demonstrate that the object was not stolen or exported illicitly after 2005.

In October 2013, the case made its way through Swiss court. The Geneva Chief Public Prosecution Office and the Chief Public Prosecutor of Antalya conducted a comprehensive joint study with the Swiss magistrate in charge of the case traveling to Antalya, Turkey where Turkish Public Prosecutor Osman Şanal provided access to witnesses.   

Testimonies were heard from Professor Haluk Abbasoğlu and Professor İnci Deleman who conducted excavations in the region where the sarcophagus was illegally excavated.   The Swiss prosecutor also met with an unnamed imprisoned smuggler serving time on a separate smuggling charge in Elmalı prison.  This smuggler allegedly confirmed that the artifact had been looted and smuggled out of Turkey. 

Based on the evidence gathered, on September 21, 2015 Swiss authorities ordered the repatriation of the sarcophagus. But international legal proceedings move at a snail’s pace and the return of this one object, approved by the Geneva Court of Justice on May 2, 2016, was slowed again, due to a challenge by the Swiss Federal Court. 




More on the dealers involved in this repatriation case.

Phoenix Ancient Art operates a gallery in New York city as well as in Geneva Switzerland.  Founded by Sleiman Aboutaam in 1968, the firm was incorporated in 1995.  The second-generation family business is now managed by Sleiman's sons, Hicham Aboutaam and Ali Aboutaam, who took over the firm's operation after Sleiman’s death in 1998.  The firm has been embroiled in a significant number of antiquities-related controversies. 

A sampling (not a complete listing) of other instances of concern involving this firm include:

A third-century CE South Arabian alabaster stele the brothers attempted to sell in May 2002 via Sotheby’s auction house in New York for approximately $20,000 to $30,000 in which they listed the provenance for the piece as having belonged to a private English collection. Sotheby's researchers conducting due diligence before the auction found published photographs of the stele indicating that this tablet, carved in low relief, with an image of the fertility goddess Dat-Hamin, had been stolen in July 1994 from the Aden Museum in Yemen's port city during the country's previous war.  This object was forfeited to the U.S. government in December 2003 and eventually returned to Yemen.  

Hicham Aboutaam was arrested in 2003 for smuggling a looted ceremonial drinking vessel from Iran into the US, claiming that it had come from Syria.  Hicham pled guilty to the charges in 2004, paid a fine, and the vessel was returned to the Iranian authorities.  Hicham Aboutaam stated that his conviction stemmed from a "lapse in judgment."

The Egyptian authorities have accused Ali Aboutaam of involvement with Tarek El-Suesy (al-Seweissi), who was arrested in 2003 under Egypt’s patrimony law for illegal export of antiquities. Ali Aboutaam was tried in absentia, pronounced guilty and was fined, and sentenced to 15 years in prison in the Egyptian court in April 2004.  To date, he has not served any of the Egyptian sentence. 

The Aboutaams voluntarily repatriated 251 Antiquities valued at $2.7 Million to the State of Italy in May 2009 tied to one of Italy's most notorious smuggling rings.

Advice on collecting ancient art

ARCA encourages its readers to remember that the only way to avoid looting is to pressure dealers and collectors to not participate directly or indirectly in looting through their sourcing and purchases.  Collectors of ancient art are only the most current stewards of objects with long and telling histories. The provenance, or ownership history of a piece of art is important and should detail strong proof that an object has come from a legitimately traded collection.  

Buying and trading in ancient works of art, without well documented collecting histories, simply for their beauty or for the purpose of rescuing them from countries in conflict, only encourages further looting and further laundering of smuggled illicit objects. 

ARCA strongly discourages collectors and museums from buying or accepting objects that cannot pass the 1970 test or which lack a legitimate export permit from the actual and correct country of the object's origin.

By: Lynda Albertson

February 25, 2017

Auction Alert and Antiquities Seizure: Second seizure at Royal-Athena Galleries, New York


On February 17, 2017 forensic archaeologist Christos Tsirogiannis alerted Assistant District Attorney Matthew Bogdanos in Manhattan that he had identified another antiquity, likely of illicit origin, apparently being laundered via the US art market.  The object in question had been listed for sale via Royal-Athena Galleries, a New York City-based gallery which is operated by Jerome Eisenberg.   Royal-Athena Galleries is the same New York gallery which relinquished an illicitly trafficked sarcophagus fragment to the country of Greece a few weeks ago. 

(Update - July 18, 2017-The link has been preserved here but is no longer active.)
Attic Red-Figure Nolan Amphora
By the Harrow Painter
Ex C.H. collection, Ann Arbor, Michigan.
Exhibited: Yale University Art Museum, 2003-2015.
Price: P.O.R.  (Price on Request)

As per Tsirogiannis, this same vase appears in three images from the Gianfranco Becchina archive pictured below.


The Becchina Archive is an accumulation of records seized by Swiss and Italian authorities in 2002 during raids conducted on Becchina’s gallery, Palladion Antique Kunst, as well as two storage facilities inside the Basel Freeport, and another elsewhere in Switzerland.  This archive consists of some 140 binders which contain more than 13,000 documents related to the antiquities dealer's business.  

Becchina's records include shipping manifests, dealer notes, invoices, pricing documents, and thousands of photographic images.  Many of the images are not slick art gallery salesroom photos, but rather, crude point and shoot polaroids taken by looters and middlemen depicting recently looted antiquities. Some of these polaroids show objects immediately after their looting and show objects which often still bear soil and salt encrustations. 

In 2011 Becchina was convicted in Italy for his role in the illegal antiquities trade. While he later appealed this conviction, antiquities like this vase, traced to this network of antiquities traffickers, continue to surface years after their original looting.  Objects like this one, have resurfaced in private collections, museums and some of the world's most well know and ostentatious galleries and auction houses specializing in ancient art so it is important for collectors to remain on alert to the history of the objects they consider for purchase. 

When discussing his identifications with ARCA Tsirogiannis indicated that the photograph below, of a handwritten note by Gianfranco Becchina himself, documents that the Italian dealer had knowledge of the looted Neck Amphora's existence at least as far back as 28 February 1994.  Documents in the archive which represent the dealer's own meticulous record-keeping, shows that Becchina acquired the vase on the 15th of March 1994 and paid for the object on the 11th of April of that same year.


It is important to note that this red-figure attic vase is one of the most important styles of figural Greek vase painting.  In the Italian dealer's records, the object appears in photographs together with another object, an amphora.  This second object has been redacted from the image presented for the purposes of this blog post as the object is still in circulation.  Both antiquities seem to have come from a single Italian looter or middleman trafficker identified only as 'Robertino'. Given this information, it is plausible that the second identified piece of Attic pottery was looted at or near the same period of time, and may likely come from the same Etruscan tomb. 

It is Dr. Tsirogiannis' opinion that the two object photo ties the vase definitively to the country of Italy and that therefore, the vase should be repatriated to the Italian authorities.  

Other examples of illicit material which have passed through this New York dealer's art and antiquities firm include:



Eight antiquities stolen from museums and archaeological sites worth US$ 510,000.

And most recently, on February 10, 2017, a sarcophagus fragment depicting a battle between Greeks and Trojans looted from Greece and relinquished to the Greek Authorities.

Speaking with Dr. Tsirogiannis about this most recent identification he stated "As in the recent case of the sarcophagus fragment that has been repatriated to Greece, so in this case the identification and the evidence are sending back to Italy a valuable Greek vase. This result was achieved with the cooperation of assistant district attorney Matthew Bogdanos in New York who handled the seizure and the archaeologist of the Villa Giulia museum in Rome Mr. Maurizio Pellegrini who provided crucial information about the identity of the looter involved."

Given the fact that it often takes sound identifications, such as those conducted by researchers actively working on the Becchina dossier, forfeiture by art market dealers should not be misconstrued as spontaneous acts of good well. In many of such cases, the antiquities are relinquished either to avoid lengthy litigation or as a gesture by the suspect holder of the object to remove themselves from any negative publicity caused by having their name associated with having handled or purchased trafficked art.

By Lynda Albertson

January 14, 2017

Auction Alert and Antiquities Seizure: Royal-Athena Galleries, New York

On January 8, 2017 forensic archaeologist Christos Tsirogiannis alerted Assistant District Attorney Matthew Bogdanos in Manhattan and ARCA that he had identified another illicit antiquity, apparently being laundered via the US art market.  The object in question had been listed for sale via Royal-Athena Galleries, a New York City-based gallery which is operated by Jerome Eisenberg

Screen Capture - Royal-Athena Galleries 1
According to Tsirogiannis the object identified was a 64.8 x 90.8 cm. sarcophagus fragment which matches four polaroid images and three handwritten notes found in the Becchina archive. 

This accumulation of records was seized by Swiss and Italian authorities in 2002 during raids conducted on Gianfranco Becchina’s gallery, Palladion Antique Kunst, as well as two storage facilities inside the Basel Freeport, and another elsewhere in Switzerland.  The Becchina Archive consists of some 140 binders which contain more than 13,000 documents related to the antiquities dealer's business.  

These records include shipping manifests, dealer notes, invoices, pricing documents, and thousands of photographic images.  Many of the images are not slick art gallery salesroom photos, but rather, are point and shoot polaroids taken by looters and middlemen which depict recently looted antiquities, some of which still bear soil and salt encrustations. 

In 2011 Becchina was convicted in Italy for his role in the illegal antiquities trade and while he later appealed this conviction, looted antiquities traced to his trafficking network, like this sarcophagus fragment, continue to surface in private collections, museums and some of the world's most well know auction firms specializing in ancient art.  

In releasing his identifications to ARCA Tsirogiannis said:

"Regarding the sarcophagus fragment, each of the four Polaroid images depicting the fragment is included in a different file of the Becchina archive:

I discovered the first image (attachment no. 1) in a file that Becchina created to archive the antiquities he was receiving from a Greek trafficker termed in the archive ‘ZE’ or ‘ZENE’ (the beginning of his surname) or ‘Giorgio’ (Giorgos, his first name in Greek). This trafficker, now deceased, was well-known to the Greek police art squad.

attachment no. 1

In a separate handwritten note (attachment no. 2), Becchina records that he received the antiquity (‘1 Frto. [meaning ‘Fragment’] di sarcofago’) for 60.000 Swiss Francs on 25 May 1988. 

attachment no. 2
This antiquity is recorded as the 9th object included in the 34th group of antiquities that ‘Zene’ sent to Becchina (see attachment no. 3).

attachment no. 3
Another note (attachment no. 4), a handwritten page, lists a group of antiquities that Becchina bought from ‘Zene’, from November 1986 until October 1988, for more than $250,000, including the sarcophagus’ fragment (no. 9).

attachment no. 4
The fifth attachment is a photocopy of a Polaroid image, depicting the same antiquity; this image was attached to a blank A4 page, together with other Polaroid images depicting other antiquities that ‘Zene’ smuggled from Greece to Becchina, under the title ‘in PF’, meaning that all these antiquities were stored at the time at the P[ort] [F]ranc (the Free Port) of Basel. 

attachment no. 5
In Becchina’s list of antiquities stored in his warehouses in the Free Port of Basel, the sarcophagus fragment was number 21 (see sixth attachment, another Polaroid image).

attachment no. 6
Finally, I am sending you another handwritten note (attachment no. 7), in which Becchina is asking one of the restorers he was using, Andre Lorenceau, to clean (‘reinigen’) the fragment and to add a base (‘sockeln’), as a support (by drilling into the antiquity). I discovered this note in the Becchina file dedicated to his cooperation with the restorer Andre Lorenceau."

attachment no. 7
According to the Royal-Athena Galleries website, the sarcophagus fragment has been attributed by Dr. Guntram Koch, an academic with an expertise in Roman sarcophagoi. 

Screen Capture - Royal-Athena Galleries 2

In addition to notifying the New York authorities, Tsirogiannis informed INTERPOL and the Greek police art squad. 

The object in question was seized by US authorities at approximately January 14 2:00 pm EST.

Nearly ten years ago in November 2007 Eisenberg returned eight antiquities stolen from museums and archaeological sites worth US$ 510,000 to Italy. Given the fact that it often takes sound identifications, such as those conducted by researchers such as Tsirogiannis, restitutions by art market dealers should not be misconstrued as spontaneous. In most cases pieces are relinquished merely to avoid lengthy litigation or in order for suspect dealers to remove themselves from the negative publicity caused by being subject to criminal charges.

By: Lynda Albertson





October 8, 2016

UNESCO issues report on Freeports


The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP) promotes practical tools and communication to raise public awareness about trafficking in and return of stolen objects.

With its work closely tied to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the Committee met at UNESCO's Headquarters in Paris, on September 29-30, 2016 to discus the need for better prevention, increased cooperation and awareness raising of illicit trafficking in cultural property.

As an outcome of that meeting, UNESCO issued a document which highlights the phenomenon of free ports and their implications on the illicit art market. A copy of their report, it its entirety, can be referenced directly on the UNESCO website here:

Freeport concerns are a subject that ARCA has blogged about with regularity as has Professor David Gill on the blog Looting Matters as they have long been havens for high value artwork in general and illicit art work in particular.  More recently Free ports have been springing up around the world with increasing regularity as more investors begin to store and trade physical assets at locations which provide taxation incentives.

With their state of the art security, enormous potential for tax savings and less than transparent ownership record keeping which varies from country to country and freeport to freeport, these massive storage facilities may well continue to be a convenient and secure weigh station for traffickers to park hot goods until the world gets distracted elsewhere.  










September 19, 2016

Ports Francs et Entrepôts de Genève SA addressing concerns about the trade in stolen antiquities

Google Earth View of Ports Franc
As Geneva officials at the Ports Francs et Entrepôts de Genève SA attempt to address previously raised concerns about the risks surrounding the trade in stolen antiquities, both in terms of money-laundering and as a potential support for arms traffickers or terrorist groups, tighter controls have been implemented today on shipments which affect everyone in the art shipping industry that handle the shipment of antiquities to this free port. 

Originally set to be implemented this past summer, the new rule requires that anyone wanting to store ancient artefacts at the sprawling facility will have to undergo checks by an independent firm of specialists hired by the über-warehouse.  This group is tasked with investigating the validity of requests and the precise origins of any antiquities before the object is approved for transport to the complex for subsequent storage.  

The new check applies to all objects classified under HS Code 9705.   HS classifications are based on standardised international codes used in shipment data as a means of classifying specific types of goods.  Goods listed under this code are deemed to be "works of art, collectors' pieces and antiques, collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest."

According to the Ports Francs et Entrepôts de Genève SA website, the first step of this procedure will be a documentation check made by KPMG, one of the Big Four global consultancy firms, (along with Deloitte, Ernst & Young, and PricewaterhouseCoopers) more famous for their financial audit, tax and advisory services. What this powerhouse finance firm's experience is as auditors of artwork provenance is not clear.  There is no mention of art services on the KPMG website. 

But moving along to what the shippers need to submit. 

To complete the new due diligence check, potential customers who wish to use the facility will be required to ship, a minimum of ten days prior to the intended shipment date, "all documents in your possession (invoices, lists, certificates, export licenses, passports, etc.) as well as a good quality photograph" for inspection.  The Ports Francs website doesn't specify what the photo should be of:  the object to be stored or a passport photo of the shipper.  

The Ports Francs et Entrepôts de Genève SA website further states that "an Artloss register certificate is a big asset." 

While the Geneva freeport may see a certificate from an art loss database such as London-based Art Loss Register or Art Claim (another art loss database maintained by Art Recovery International) as the owner having done their individual due diligence these types of certificates are only helpful in cases where known objects are stolen from known collections.  Such paper assurances offer no proof that the proposed antiquity is of licit origin and are ineffective in diminishing the illicit trade in archaeological remains.   

Undocumented, looted antiquities without collection histories will never appear in art loss databases.  This has been underscored over and over again. Undocumented, looted antiquities appear most often at border crossings and all to frequently launder their way up and into the art market, popping up with embarrassing regularity in museum and private collections despite sometimes having accumulated probable paperwork that on first glance tacitly legitimises them along the way.

When suspicious, rather than relying on certificates, KPMG would be better served consulting with the WCO,  academics researching in the field of illicit antiquities and the International Council of Museums (ICOM).   ICOM's “Red Lists” offer detailed descriptions of objects the auditors should be suspicious of coming from countries that may currently be or have been at risk of looting. Trusting that an object is "clean" merely because it has a stack of papers tied to it will not deter trafficking.


In 2013 Connaissances des Arts, estimated that the Ports Francs free port held around 1.2 million artworks. Its huge warehouses offers 150,000 square meters (1.6 million square feet) of storage space.  In more visual terms, that's the equivalent of 22 soccer pitches.  

While the amendment to the Swiss Customs Act, approved by the Swiss parliament on Jan. 1, 2016, and this new ruling give new power to administrators, customs authorities and contractors to monitor and control the entry and exit of goods from its tax-advantaged art-and-collectible storage facility, there is still a lot of work to be done.

Four major free ports in Switzerland dominate the market in storing high value goods. Five free ports worldwide have bet their marketshare specialising in the storage of priceless art works. The oldest is Ports Francs in the La Praille neighborhood in Geneva, Switzerland which was founded in 1850.  The others include the ultra chic Singapore Freeport which opened in 2010, the Monaco Freeport by S.E.G.E.M., in Fontvieille, just minutes away from the lucrative casinos of Monte-Carlo.

Le Freeport in Luxembourg opened its doors just two years ago, benefiting in part from the overflow of taxable goods once destined for Ports Francs in Geneva.  In the Far East the Beijing Freeport of Culture located adjacent to Beijing Capital Airport, and the much anticipated Shanghai Le Freeport West Bund, which is lated to open in 2017, both will allow the art market to store a substantial amount of art in mainland China.

In 2013, the European Fine Art Fair annual report, known in the field as the TEFAF Art Market Report cited an estimate which estimated that approximately $100 billion of art is stored in tax friendly free port facilities.  To be effective in deterring trafficking through these facilities, any inspections undertaken in free ports should be harmonised in all facilities across the globe. 

By: Lynda Albertson

April 16, 2016

Hidden Ownership - the Panama Papers

By;  A.M.C. Knutsson

In recent days numerous articles have been released outlining the role of art in the Panama Papers. (For an outline of the nature of the Panama Papers click here.) Based on these leaked files, journalists have mapped how art has figured within a system of tax avoidance and ownership concealment. Both for the money and for the art, the purpose of these ventures can be described as a superficial repudiation of ownership, in order to fortify the same and to protect the assets from various types of intrusions.  The usage of shell-companies can thus safeguard the real owners from challenges to their ownership as they officially are not the named owners.

One example of this is the case of Dmitry E. Rybolovlev, the Russian billionaire collector, who according to the International Consortium of Investigative Journalists (ICIJ) used the infamous law firm Mossack Fonseca to protect his ownership of his $2 billion art collection during his divorce proceedings.[1]  The divorce proceedings started in December 2008 and according to Swiss law, which the couple resided under, the two spouses were entitled to equal parts of their wealth. However, Mossack Fonesca had been instrumental in transferring ownership of the collection, which included, among others, paintings by Picasso, Van Gogh, Modigliani and Rothko, to the company Xitrans Finance Ltd in the British Virgin Islands. This meant that they could no longer be found nor considered part of their shared wealth in the divorce proceedings. [2] On April 6 Rybolovlev's family lawyer made a statement claiming that the "description and references to the divorce proceedings of Mr Dmitriy Rybolovlev are misleading", as it "fails to state that the ex-spouses Rybolovlev amicably settled their matrimonial dispute and announced in a joint statement dated 20th October 2015".[3]  He further points to the fact that Xitrans Finance had been established in 2002, several years before the divorce proceedings and that its use "as a holding entity to constitute a remarkable art collection has been publicly disclosed in numerous publications worldwide and is perfectly legitimate.”[4]

Nevertheless, according to the Panama Papers Mossack Fonseca has for decades been helping spouses to shield assets from their better halves. Martin Kenney, an asset recovery specialist based in the British Virgin Islands has been helping wives from numerous countries including the UK, USA and Russia to recover hidden possessions. According to him, “These offshore companies and foundations . . . are instruments in a game of hide and concealment.”[5]

Another type of ownership obscurity can be seen in the case of the Seated Man with a Cane, a Modigliani painting bought in 1996 by the International Art Centre (IAC) and valued at $18-25 million.[6] According to a restitution claim filed by Philippe Maestacci on October 28, 2011, this painting had been looted by the Nazis from his grandfather, the art dealer Oscar Stettiner. Stettiner's inventory had been sold by Marcel Philippon a Nazi-appointed administrator after Stettiner fled from Paris in 1939. The Modigliani had been sold in 1944 and as early as 1946 Stettiner tried to retrieve the work but died two years later without resolving the claim. [7] In 2011 Maestracci picked up the struggle and sued the art dealing Nahmad family, often associated with the IAC, seeking the return of the painting. However, the suit was withdrawn when the Nahmads claimed that the IAC owned the painting and rather than themselves.[8] Indeed the ICIJ has reported that “The Nahmads have insisted in federal and state court in New York that the family does not possess the Modigliani.”[9] The Panama papers have now revealed that the International Art Centre has been owned by the Nahmad family for 20 years and since 2014 the patriarch David Nahmad has been the sole owner.[10] Confronted by the ICIJ David Nahmad's lawyer, Richard Golub, insisted that "Whoever owns the IAC is irrelevant", and the main issue is that Maestracci has no evidence that his grandfather, Stettiner, was the painting's original owner.[11] This standpoint seems not to be commonly shared and on April 8 the Geneva Prosecutor's Office searched the facilities in the Geneva Ports looking for the lost painting.[12] It was later revealed that the painting had been confiscated by the prosecutors during the raid.[13] While the restitution claim remains to be settled the reappearance of the painting and the confirmation of David Nahmad's ownership finally makes it possible for Philippon to proceed with his restitution claim.

According to Anders Rydell who has studied Nazi looted art, this case is not unique but he has found several other cases of Nazi confiscations figuring in the leaked files, which have also been hidden away through shell-companies and thus been beyond the reach of restitution claims. With the release of the Panama Papers he observes that "Maybe the right full owners may get their art back."[14]

In addition to these ownership battles, ample works of art are believed to be hidden away from sight as well as tax through shell-companies in the Free Ports. [15] The story of hidden art has just started to unfold and has still a long way to go. What the new discoveries in the Panama papers reveal is not all that surprising, but rather a sad prediction revealed to be true. The art market has long been known to involve shady deals and international crime syndicates. The revelation that art is hidden away should not be news to any of us, but perhaps the emergence of the Panama Papers actually offers a rare opportunity to resolve some of the long standing mysteries which has troubled the art market. Perhaps this will allow restitution claimants fresh material which can enable them to proceed with their cases. Perhaps long lost paintings will be rediscovered from the bowls of the world's Free Ports. Perhaps not. We will wait and we will see.  

___________________________

[1]  http://www.nytimes.com/2016/04/12/arts/design/what-the-panama-papers-reveal-about-the-art-market.html?_r=0, access 15 April 2016
[2] http://theartnewspaper.com/news/news/panama-papers-russian-billionaire-dmitry-rybolovlev-used-offshore-company-to-hide-art-from-wife-leak/, access 15 April 2016
[3]   Ibid
[4]   Ibid
[5] https://panamapapers.icij.org/20160403-divorce-offshore-intrigue.html
[6] http://www.nytimes.com/2016/04/12/arts/design/what-the-panama-papers-reveal-about-the-art-market.html?_r=0, access 15 April 2016
[7] http://www.artnet.com/magazineus/news/artnetnews/nahmad-gallery-sued-for-allegedly-looted-modigliani.asp, access 15 April 2016
[8]  http://theartnewspaper.com/news/museums/panama-papers-expose-art-world-s-offshore-secrets-/, access 15 April 2016
[9]  Ibid
[10] http://www.nytimes.com/2016/04/12/arts/design/what-the-panama-papers-reveal-about-the-art-market.html?_r=0, Access 15 April 2016
[11]  Ibid
[12] http://www.artmarketmonitor.com/2016/04/09/swiss-prosecutors-raid-freeport-looking-for-modigliani/, Access 15 April 2016
[13]  http://www.bloomberg.com/news/articles/2016-04-11/modigliani-painting-sparks-criminal-probe-and-geneva-art-search, Access 15 April 2016
[14]  http://www.jp.se/article/anders-rydell-om-gomd-nazikonst/, Access 15 April 2016
[15] http://www.dn.se/kultur-noje/konst-form/konstvarlden-kopplas-till-panama/, Access 15 April 2016

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