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August 10, 2013

Noah Charney on "New "Intelligence" Body Will Monitor Illegal Traffic in Cultural Property" in Lessons from the History of Art Crime (The Journal of Art Crime, Spring 2013)

In the column “Lessons from the History of Art Crime” in the Spring 2013 issue of The Journal of Art Crime, Noah Charney discusses the new “Intelligence” body founded by the International Council of Museums (ICOM) to monitor illegal traffic in cultural property.

This new group will be called the International Observatory on Illicit Traffic in Cultural Goods. It will work as a bridge between UNESCO, Interpol, and its constituent policing agencies, as well as other research institutions in the field. The “Observatory” is now awaiting formal funding approval from the European Commission.

The story of this group was first broken by Ian Johnston of NBC News. An ICOM official who spoke to Mr. Johnston, but asked not to be named, discussed how traffic in cultural property is “much worse” than other types of theft. The contact went on: “ICOM felt it needed a lot more reliable information and recent analyses of trends, what one would call the need for ‘intelligence’ when fighting organized criminal activity.”

It has long been known that art crime is a funding source for organized crime, from small local gangs to large international syndicates, but the true extent remains uncertain. Until the US Department of Justice recently remade their website, they stated clearly that art crime is the third-highest-grossing criminal trade worldwide, behind only the drug and arms trades, and that it is a major funding source for organized crime and even terrorism (the new website design no longer has a page dedicated to cultural property crimes). Interpol has, in the past, reiterated this information, but currently states that while experts have made such claims, it simply does not have enough information to confirm or deny them.


The ninth issue of The Journal of Art Crime, edited by ARCA Founder Noah Charney, is available electronically (pdf) and in print via subscription and Amazon.com. Associate Editor Marc Balcells (ARCA '11) is a Graduate Teaching Fellow at the Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

August 9, 2013

Report from ARCA in Amelia: More on the Pompeii field class, Napoli, and courses by Valerie Higgins and Dick Ellis

Painting of Amelia
 by A. M. C Knutsson
by Sophia Kisielewska, ARCA Intern

Extremely early on Sunday morning a large proportion of the ARCA class gathered outside the town walls of Amelia to wait for the bus that would take them to Pompeii. 

Other members of the class had taken a train two days earlier to enjoy at the great sights of Naples. High on everyone’s agenda seemed to be the Museo Archeologico Nazionale di Napoli; Caravaggio’s spectacular ‘The Seven Acts of Mercy’ at the church of Pio Monte della Misericordia; Napoli Sottoterranea (underground); and above all a pizza from one of the three classic Neapolitan pizzerias: Da Michele, Di Matteo and Sorbillo.

The class caught up with these students at the gates of Pompeii at around 11 a.m. After a much needed cup of coffee, the reunited class entered the site and met up with Crispin Corrado, ARCA’s academic director and Adjunct Assistant Professor of Classical Archaeology at The University of California, Rome Study Center. Dr. Corrado led the students around the site, successfully keeping everyone distracted from the desert heat. She explained how the inhabitants of Pompeii had been living at the time of Mount Vesuvius’s eruption in 79 AD and the history of the site since its discovery in 1748 by Spanish Engineer Rocque Joaquin de Alcubierre. Later in the afternoon we visited the villa at Oplontis situated in the heart of the Mafia district, but a beautiful spot regardless. After this we all hopped back on the coach to return to Amelia. It was perhaps both the most beautiful and the most exhausting day yet.

Walking in Pompeii
Monday morning saw the arrival of the first British lecturer of the week, Valerie Higgins, the Associate Professor and Chair of Archaeology and Classics at the American University of Rome. Dr. Higgins teaches courses in Roman archaeology and history; ancient art; archaeological method and theory; funerary archaeology and human remains. Her personal research focuses on the role of archaeology in contemporary society covering aspects such as trafficking of antiquities; contemporary approaches to human remains; heritage in conflict situations; and the role of heritage in contemporary Rome. Her ARCA course, Antiquities and Identity, touched upon many of these topics. The primary focus of Day One was to assess how far the current issues of repatriation and disputed legal ownership are the result of the archaeology practices of the past and how contemporary attitudes to heritage are consequently changing, bringing new challenges to the field. To fully understand this problem, we were required to know a little more about the history of the field and this began with a lecture on the growth of antiquarianism and collecting from the time of Raphael. 

With a limited number of archeology trained students this summer, everyone was captivated by Day Two’s lectures in which Dr. Higgins explained the different archeological methods. A run through of the controversial debates that surround archeology in today’s climate was the heart of discussions during Wednesday’s lectures.

Mark & Laura renew vows at Palazzo Farrattini
Midway through this intense series of lectures, ARCA students and staff joined their classmate Mark and his wife of five years, Laura, at a ceremony to renew their marital vows at sunset in the beautiful garden at Palazzo Farrattini. It was a fantastic event and a welcome opportunity to relax and forget the murky world of art crime.

After lunch on Wednesday, Richard "Dick" Ellis, founder of Scotland Yard’s Art and Antiquities Squad and current Director of Art Management Group, began the last course of the program, Art Policing and Investigation. Mr. Ellis brings an unparalleled level of expertise and field experience to the ARCA classroom. In his first class, Mr. Ellis directed the non-law enforcement figures in the room through the structure of police services around the world and their differing contributions towards the protection and recovery of stolen art.


The following two mornings, through a series of case studies, often ones that Mr. Ellis was closely involved in, the class learned the common reasons why art is targeted by criminals. We also understood, through such case studies, how large a role the global art market plays in aiding these criminals. The myth that art is stolen by the order of Thomas Crown-figures was immediately dismissed, and any sense of glamour evaporated as we were instantly made aware of the rather more sinister figures that govern the illicit art trade.

August 8, 2013

Christopher Marinello on "Art Recovery: Negotiating with Criminals, Handlers, and Good Faith Purchasers" (The Journal of Art Crime, Spring 2013)

Christopher Marinello writes on "Art Recovery: Negotiating with Criminals, Handlers, and Good Faith Purchasers" in the Spring 2013 issue of The Journal of Art Crime.
There was a good deal of press coverage surrounding a recent art recovery I handled for the Museum of Modern Art in Sweden. A UK-based dealer with significant connections to the Polish art market searched Matisse's Le Jardin against the Art Loss Register database. The results showed that the work had been stolen 26 years earlier, from the Moderna Museet in Stockholm, Sweden and reported to the local police, INTERPOL, and the IFAR (later the ALR) database. 
Following confirmation of the match, my role was to ensure that the painting made its way into the UK, where I would secure the assistance of law enforcement in case a seizure of the work became necessary. I then proceeded to negotiate (with police approval) for the return of the work. 
Fortunately, I encountered a very cooperative dealer who was willing to listen to my analysis of the laws of Poland, the UK, and Sweden. (I think I might have bored him into submission). We engaged in considerable debate about what options he had available to him, knowing that he now held a stolen painting. Once obtaining his release, the painting was placed in a safe for eventual return to the museum in Stockholm. 
Many of the reporters covering the story wanted to know how much money was paid to the dealer, to obtain the release of this $1,000,000 painting. The follow-up question was just as direct, in wanting to know how much money the ALR was going to make from the recovery. The answer to both questions was, and is, zero.
Mr. Marinello's article is continued in the ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA (available electronically and in print via subscription and Amazon.com). The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

August 6, 2013

Tuesday, August 06, 2013 - ,,, No comments

Edirne custom inspection discovered historical artifacts in hidden compartment of semi-truck destined for Germany

Coins found in hidden compartment of truck en route
to Germany from Edirne, Turkey, near the Bulgarian border.
(Asksham.com.tr)
by Catherine Sezgin, ARCA Blog Editor

EDIRNE, Turkey - Acting on a tip that historical artifacts were being smuggled to Germany, Edirne Gendarmerie stopped a long semi-truck destined for Germany at a freeway toll booth and redirected it to a custom inspection point in Kapikule. Using x-ray technology, the located a hidden compartment behind the spare-parts storage area underneath the bed of the truck and found a marble head of a Roman goddess; two crosses used in Middle-Age Christian liturgies; an Achaemenid gold coin depicting a Persian archer; gold coins from the Classical Greek period; a coin with the image of the emperor Vespasianus; an Hellenistic silver coin; and possibly a 9th century ceramic cup used in religious ceremonies (Asksham.com, article here).

Crosses recovered at customs in Edirne (Habermonitor)
According to Professor Engin Beksac, the head of the art history department at Trayka University in Edirne, the most important piece found is that of the 2,500 year old 'Persian archer' coin. This kind of coin is not found in the Thrace museums and rarely discovered anywhere else, Professor Beksac explained. The marble head of the goddess was likely part of a building's facade.

Here's a link to Aksham newspaper in Turkish along with photos of the objects recovered.

Here's a link to the Hurriyet video of a jendarma officer removing historical artifacts from a storage area of a semi-truck in Edirne, Turkey, near the Bulgarian border.

David Gill on "Dallas Museum of Art Takes the Initiative" in "Context Matters" (The Journal of Art Crime, Spring 2013)

David Gill
Professor David Gill writes on "Dallas Museum of Art Takes the Initiative" in his column Context Matters in the Spring 2013 issue of The Journal of Art Crime:
The reporting and commentary on the so-called "Medici Conspiracy" has exposed the way that major North American museums acquired recently-surfaced antiquities (Watson and Todeschini 2006; Silver 2009; Felch and Frammolino 2011). This was in spite of the 1970 UNESCO on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the 1973 Declaration by the Archaeological Institute of America, the 1983 acceptance of the UNESCO convention by the US, and the varied acquisition policies of individual museums. Museums overlooked and ignored the ethical issues related to the damage of archaeological sites and, instead, emphasized the fact that they acquired objects in good faith and by legal means. Objects purchased through Switzerland, Paris, London, or New York were not considered to be problematic. The items had passed from their countries of origin to the international antiquities market. The release of the Medici Dossier photographs, seized in the Geneva Freeport, brought a sequence of major museums agreeing to hand over significant numbers of items: Boston's Museum of Fine Art, the Cleveland Museum of Arts, the J. Paul Getty Museum, the Minneapolis Institute of Art, New York's Metropolitan Museum of Art, the Princeton University Art Museum, and the Toledo Museum of Art (Gill and Chippindale 2006; 2007a; Gill 2009a; 2010). And it is clear that material in other major North American museums has been identified and that this shameful list will expand.
Professor David Gill is Head of the Division of Humanities and Professor of Archaeological Heritage at University Campus Suffolk, Ipswich, England. He is a former Rome Scholar at the British School at Rome, and was a Sir James Knott Fellow at the University of Newcastle upon Tyne. He was previously a member of the Department of Antiquities at the Fitzwilliam Museum, University of Cambridge, and Reader in Mediterranean Archaeology at Swansea University (where he also chaired the university's e-learning sub-committee). He is a Fellow of the Society of Antiquaries. he is the holder of the 2012 Archeological Institute of America (AIA) Outstanding Public Service Award, and the 2012 SAFE Beacon Award. He has published widely on archaeological ethics with Christopher Chippindale. He wrote a history of British archaeological work in Greece prior to the First World War in Sifting the Soil of Greece: The Early Years of the British School at Athens (1886 - 1919) (Bulletin of the Institute of Classics Studies, Supplement 111; London: Institute of Classical Studies, 2011), xiv + 474 pp.

Here's an excerpt from Professor Gill's column:
Are all the apples in the North American museum barrel rotten (Gill and Chippendale 2007b)? There is one clear exception that suggests that there is at lest one sensible voice of concern and reform. In January 2012, Maxwell Anderson, the newly appointed Director of the Dallas Museum of Art (DMA), became concerned about the museum's holding of material derived from Almagià. He clearly wanted to pre-empt any external investigation that could reveal embarrassing and potentially damaging information about the museum. Anderson decided to post details of the objects, along with their stated collecting histories, on the Association of Art Museum's Director's (AAMD) object register website. This website, hosted by Anderson's former institution, the Indianapolis Museum of Art, had been intended to be used for displaying information about new acquisitions, rather than reviewing the cases of older ones. Such a move indicated a major change in attitude toward the issue of toxic antiquities that were potentially lurking in the collections of North American museums.
This column is included in the ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, (available electronically and in print via subscription and Amazon.com.) The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

Restitution: Mosaic of Orpheus Returned to Turkey on Display at Istanbul's Archaeological Museum

The Mosaic of Orpheus on display in a
 room at the Istanbul Arcaeological Museum.
(Photo by C. Sezgin)
by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

The Mosaic of Orpheus, returned to Turkey by the Dallas Museum of Art in 2012, has a room of its own at  the Istanbul Archaeological Museum to celebrate the Roman artwork's return to "the lands where it belongs to".

Information at the Istanbul museum introducing the piece to visitors omits any mention of the collecting history of this object. The mosaic is described as showing the poet Orpheus taming wild beasts with his lyre. To the left of his head, an inscription in Assyrian identifies the artist as Bărsaged, a mosaic master. At the bottom next to his feet, a second inscription in Assyrian is from 'Păpa, the son of Păpa,' who in April 505 (according to the Selevkos calendar used in Edessa in 194 AD) ‘made this resting room for me and for my children and for my successors. Let him be blessed who sees it and preys’, according to the printed sign on display in the Istanbul Archaeological Museum. The ‘signature’ of the mosaic master Bărsaged is the only example found amongst the group of mosaics found in Edessa (Åžanliurfa in southeastern Turkey).

Side view of the Mosaic of Orpheus
The marble mosaic from the Eastern Roman Empire was purchased by the Dallas Museum of Art from Christie's in New York on December 9, 1999. The Dallas Art Museum has a long explanation on its website for the deaccessioning of "Orpheus Taming Wild Animals"
CRITERIA FOR DEACCESSIONING: A request from the Turkish government for restitution, with compelling evidence, including photographs of the mosaic in situ, that the object was looted and/or illegally exported 
EVIDENCE: 
A. Two newly recovered in situ photos of the mosaic showing it being removed by the smugglers. The photographs also show the full work with its decorative borders intact, prior to it being removed from the ground. The photographs were printed by a local photo shop in Sanliurfa and are currently evidence in a criminal investigation being carried out by the Sanliurfa Head Prosecutor in order to identify everyone involved in the crime.
B. Expertise reports prepared by various scientists, art historians, and archaeologists offering comparisons to other mosaics from Edessa (modern city of Sanliurfa) and arguing that various stylistic and iconographic similarities prove it was smuggled from the region.
a. Assistant Professor Dr. Baris Salman, Ahi Evran University, Faculty of Art and Science, Department of Archaeology:
Mosaic close-up: Orpheus with his lyre

i. Stylistically and iconographically similar to other Edessa mosaics. Specifically, the inscription is similar both in style and content to other Edessa mosaics. The Syriac script used originated in Edessa. Other features typical of the area include the absence of depth, the light colors, and the expression and facial features. The date indicated in the inscription falls within the period of mosaic construction in Edessa.
b. Hakki Alhan, Archaeologist, and Taner Atalay, Analyst, Gaziantep Museum, Turkey:
i. Concluded that the composition style, animal figures, and especially the Syriac inscription have features of the Assyrian Kingdom, appearing in Sanliurfa precincts in the 3rd century A.D., and was smuggled from the region.
c. Eyüp Bucak, Archaeologist, and Hamza Güllüce, Archaeologist from the Sanliurfa Museum:
i. Was not one of the documented mosaics in the area, but concluded that the composition, the figures, and the tesserae’s dark lines reflect features of Assyrian mosaics appearing in the region during the 3rd century A.D.
d. L. Zoroglu, Selcuk University, Faculty of Science and Art, Department of Archaeology, Konya:
i. Compared it to another Edessa mosaic and concluded it was smuggled from the region because they both include Chaldean inscriptions indicating the date of the artifact, showing that they were created around the same time. It also has a common subject of the region.
e. Müslüm Ercan, Archaeologist, and Bülent Üçdag, Art Historian, Sanliurfa Museum:
i. Cites the Syriac inscription, the figure and his clothing, and the in situ photographs as evidence of being from Edessa. It was made by the same artist as another Edessa mosaic (name is included in the inscription) and have identified it as belonging to a rock tomb located in Kalkan District in Sanliurfa.
f. Assistant Professor Dr. Mehmet TOP, Yusuneu Yil University, Faculty of Arts, Department of Art History:
i. Concluded that the mosaic is an artifact from Sanliurfa based on the early Assyrian inscription and its similarity with the other Orpheus mosaic from Edessa.
deacc_orpheus-additional
Photo from Dallas Museum of Art
Orpheus mosaic in situ. This photograph was provided by the Sanliurfa Prosecutor's Office. It is evidence in a criminal prosecution within Turkey against looters. The mosaic's border is visible in this photograph; it was missing when the DMA purchased the mosaic, presumably removed by looters because it was incomplete. The canister visible in the lower right contains a Turkish brand of glue, which looters--not archaeologists--would have used to make repairs.

Christie's evaluation of art collection at Detroit Institute of Art is part of applying for bankruptcy, according to the city's emergency manager

van Gogh's Self-Portrait, DIA
Christie's auction house's evaluation of the art collection at the Detroit Institute of Art is part of the process of Detroit's eligibility for a municipal bankruptcy, the city's emergency manager Kevin Orr explained in a press release ("Christie's auction house hired to appraise city-owned pieces in Detroit Institute of Art," Associated Press for The Washington Post, August 6, 2013)
There has never been, nor is there now, any plan to sell art,” Orr said in a news release. “This valuation, as well as the valuation of other city assets ... is a step the city must take to reach resolutions with its creditors and secure a viable, strong future for Detroit and its residents.” 
The DIA told The Associated Press in a statement Monday afternoon that it would cooperate in Christie’s appraisal process, but pointed to a formal opinion by Michigan Attorney General Bill Schuette that said city-owned DIA pieces can’t be sold in a bankruptcy proceeding. He said in June that the artwork is held in a charitable trust for Michigan residents.
Diego River's fresco Detroit Industry
Founded in 1885, the DIA has more than 100 galleries in 658,000 feet and displays an art collection that features Diego Rivera's Detroit Industry fresco cycle (Gift by Edsel B. Ford) and Vincent van Gogh's Self-Portrait, "the first van Gogh painting to enter a U.S. museum collection" purchased by the Reinhardt Galleries for the DIA (Detroit Institute of Arts, website). Here's a list of favorite pieces in the collection selected by the DIA staff. The museum owns five paintings by van Gogh. In addition to the four-wall fresco by Diego Rivera, the DIA also has a portrait of Edsel B. Ford by the 20th century Mexican muralist.

August 5, 2013

Edgar Tijhuis on "Legal and Illegal Actors around Art Crime: a Typology of Interfaces" (The Journal of Art Crime, Spring 2013)


Edgar Tijhuis
The Journal of Art Crime is pleased to serialize Edgar Tijhuis' now out-of-print book, Transnational Organized Crime and the Interface between Legal and Illegal Actors, originally published by Enfield in 2006, the author publishing under his formal name, A. J. G. Tijhuis, and based on the author's doctoral dissertation. The Journal of Art Crime is pleased to present its content, which deals largely with transnational organized crime and art, adapted into a series of articles, which will appear in consecutive issues, beginning with this one.
This article discusses a number of criminological typological interfaces, and shows how they might apply to art crime. A number of interfaces from these typology could be used to understand particular activities within the illicit trade. Several interfaces commonly discussed by criminologists will turn out to be superfluous to the understanding the illicit art trade. The discussion of this typology in this article will show that seven of ten commonly-discussed interfaces could be used to understand the relationships between actors in the illicit art trade. These seven consisted of two antithetical interfaces and five symbiotic interfaces. The antithetical interfaces are the injurious and antagonistic interfaces; the symbiotic interfaces included the outsourcing, reciprocity, collaboration, co-option and synergy interface. Three interfaces seem superfluous, as far as the illicit art trade is concerned: the predatory, parasitical and funding interface.
Edgar Tijhuis works at VU University as an associate professor and as researcher at the NSCR (Netherlands Institute for the Study of Crime and Law Enforcement), both in Amsterdam (The Netherlands). Furthermore he practices law at Pontius Lawyers and is an ARCA trustee.

Mr. Tijhuis introduces his article here:
Art crimes, like other crimes, in most cases ultimately depend on legal actors and the legitimate market. Without a legal market in art, or other goods, there would be no point in stealing them, at least in most cases. Exceptions to the rule are of course figures like Breitweiser or the infamous, but rarely found, rich collectors buying secretly from thieves or fences. 
Despite the above, criminologists and others often describe and analyze crimes by focusing primarily on the criminals, and not the environment around them, including legal businesses, government agencies, etc. When this environment is mentioned, legal actors are often assumed to be either victims or actors with a minor stake in the crime. To shed more light on the role of legal actors and the interaction between legal and illegal, my PhD study specifically focused on the interfaces between legal and illegal actors, around transnational crime (Tijhuis: 2006). A typology of interfaces was refined, and a model was developed to understand the transformation from transnational crimes to legitimate activities. The study was based, in the first place, on a study of transnational crime in general, including all kinds of crimes ranging from, for example, arms trafficking, human trafficking, terrorism, to drug trafficking. Secondly, it was based on a thorough study of the illegal art and antiquities trade, and this typology and model was applied to this field of crime. 
In this article, the interface typology will first be described. After that, the typology will first be described. After that, the typology will be applied to art crimes. The article is, in part, a reproduction of a portion of chapter 8 of the aforementioned PhD study, dealing with the illicit art trade (Tijhuis, 2006: 143-167).
Mr. Tijhuis's article is continued in the ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

August 4, 2013

Christos Tsirogiannis on "A Marble Statue of a Boy at the Virginia Museum of Fine Arts" (The Journal of Art Crime, Spring 2013)

Greek (Late Hellenistic Period)
(2nd century BC - 1st century AD)
Statue of a Young Boy
Virginia Museum of Fine Art
Greek forensic archaeologist Christos Tsirogiannis writes on "A Marble Statue of a Boy at the Virginia Museum of Fine Arts" in the Spring 2013 issue of The Journal of Art Crime:
Since 2006, about 200 antiquities of exceptional quality, depicted in the confiscated Medici, Becchina, and Symes-Michaelides archives, have been identified by the Italian authorities as looted, and have been repatriated from North American museums, private collectors, antiquities dealers, galleries and auction houses (for the latest update of the list see Tsirogiannis 2013). Most of these antiquities have been already published and exhibited, with an acknowledgement of their looted past (e.g. Godart & De Caro 2007; Gill & Chippindale 2007: Godart, De Caro & Gavili 2008; ICE 2012; ICE 2013). While details of the acquisitions regarding these looted antiquities were first being published (e.g. Watson & Todeschini 2006 and 2007; Gill & Chippindale 2006, Isman 2009), demonstrating that many of these objects had been sold with fabricated collecting histories (e.g. the famous Euphronios krater at the Metropolitan Museum of Art in New York, now in Rome), new cases started to emerge. This article attempts to trace the true journey of another antiquity, reveals new evidence regarding its collecting history, researches the implications arising and exposes, once again, the way the international illicit antiquities network has been operating in recent years.
Christos Tsirogiannis
Christos Tsirogiannis studied archaeology and history of art in the University of Athens, then worked for the Greek Ministry of Culture from 1994 to 2008, excavating throughout Greece and recording antiquities in private hands. He voluntarily cooperated with the Greek police Art Squad on a daily basis (August 2004 – December 2008) and was a member of the Greek Task Force Team that repatriated looted, smuggled and stolen antiquities from the Getty Museum, the Shelby White/Leon Levy collection, the Jean-David Cahn AG galleries, and others. Since 2007, Tsirogiannis has been identifying antiquities in museums, galleries, auction houses, private collections and museums, depicted in the confiscated Medici, Becchina and Symes-Michaelides archives, notifying public prosecutor Dr Paolo Giorgio Ferri and the Greek authorities. He will shortly receive his Ph.D. at the University of Cambridge, on the international illicit antiquities network viewed through the Robin Symes–Christos Michaelides archive.

Mr. Tsirogiannis introduces his article with 'Facts and Evidence':
According to the Becchina archive (CD 1, pagina 5, foto 1375), Mario Bruno -- who was known as a "receiver of stolen goods" (Watson & Todeschini 2007:86) and "a major grave-robber" (Isman 2008:30) sold 12 antiquities to Gianfranco Becchina, on 22 August 1987. Among these antiquities was a marble statue of a boy. This is depicted in a cut-in-half Polaroid image, covered with soil, with its head cut and lying on (what appears to be) a white cloth. A bunch of keys and a corkscrew are depicted beside the statue, at the lower left corner of the image, to provide an idea of the statue's scale. A large "X," added later with a blue marker to the image, indicates that the statue was sold by Becchina at some point after 22 August 1987. the image is struck on a notebook page prominently entitled "da Mario 22/8/1987" (from Mario 22/8/1987"). A handwritten entry, referring to this statue, notes:
Statua marmo con testa forse ritratto di figlio di imperatore. pag. cash 45' CH
"Marble statue with head, perhaps portrait of the son of an Emperor. Paid cash 45 [000?] CH [Swiss Francs]." 
At the right side of the image there is a note, in the same blue marker with which the "X" was made: "=V Fried" (but the "V" was written with a thin black pen). The use of the blue marker by Becchina to write "=[V] Fried" suggests that the statue was sold by Becchina a substantial amount of time after it was bought from Bruno (see below). Indeed, all the entries for all 12 antiquities were written with the thin black pen at the time of their acquisition from Bruno; the same blue marker annotates 5 of these objects, indicating that they were sold by Becchina in a later period (there are no further notes on the page regarding a later sale of the remaining 7 antiquities). In the abbreviated code, used by Italian members of the international illicit antiquities network, "V" stands for venduto, "sold" (the same code was used by Medici, see Felch & Frammolino 2011:174). Thus, Becchina's handwritten note means "sold to Frieda."
Frieda Tchacos-Nussberger was the owner of the antiquities gallery Nefer in Zurich, and maintained strong bonds with Becchina and Symes-Michaelides. Indeed, the same statue of a boy that passed from Bruno to Becchina in August 1987 appeared in the Nefer gallery antiquities catalogue in 1989 (Galerie Nefer Ancient Art 1989:26, no. 28). As the statue was not included even in the 1988 Nefer antiquities catalogue (Galerie Nefer Ancient Art 1988), it was probably sold to Becchina to Tchacos about a year later, a gap also suggested by the change of pen to mark the image now in the Becchina archive. In the 1989 Nefer catalogue, the statue is presented clean of soil and with its head attached to its neck. The statue's price (in Swiss Francs) was higher than the highest price mentioned for any other antiquity in the catalogue (no. 38 for 28,000), since it was only available "on request." The entry notes:
"Portrait statue of a young boy. The boy has short hair except for a braid fasted at the back of his head. This hairstyle was considered a good-luck charm for Egyptian youngsters. The boy's youthful features are well-rendered in a round, full face. His head is turned to the right. His childish body is rendered with great skill under the thick himation. The head was broken off in antiquity and reassembled. Marble with yellow brown encrustation on the right side. Flavian, 2nd quarter of the 1st century B.C. [sic]. 86 cm (34 in.)."
Frieda Tchacos-Nussberger, an Egyptian-born Greek dealer, was involved in several cases of looted antiquities (e.g. Watson & Todeschini 2007:194-195, 227) that have been repatriated to Italy (Gill & Chippindale 2006:312). As part of a deal between Tchacos and the Italian authorities, Frieda Tchacos was given a light sentence: "[...] on September 17, 2002, she was convicted of handling stolen and smuggled goods, and of failing to notify the authorities of the antiquities that came her way. She was given one year and six months' imprisonment, suspended, and fined 1,000 euros" (Watson & Todeschini 2007:194-195). This led to Tchacos' full cooperation. 
The absence of collection history and find-spot, regarding the statue from the Nefer gallery catalogue, combined with the hairstyle and date information, leave unclear whether the statue arrived in Zurich from Egypt, Greece, Italy or anywhere else within the borders of the Roman Empire. However, it is known that Mario Bruno was "a dealer who operated in Etruria and Puglia, where everybody worked, and he would sell the archaeological material abroad" (Watson & Todeschini 2007:154). Moreover, given the condition of the statue as depicted in the Becchina Polaroid image, it seems more likely that the statue was found in Italy, even if it had been transported there in antiquity. 
The same statue of a boy was acquired in 1989 by the Virginia Museum of Fine Arts in Richmond, USA and was assigned the accession number 89.24.
This article is continued in the ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA -- available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

August 3, 2013

Anna A. Perl on "Poland's Restitution Efforts in the United States" (The Journal of Art Crime, Spring 2013)

In the Spring 2013 issue of The Journal of Art Crime, Anna A. Perl writes on "Poland's Restitution Efforts in the United States":
During the Second World War Polish public and private art collections suffered tremendous losses due to theft, confiscation, coercive transfer and looting by the Germans and Soviets. The recent restitution efforts undertaken by Poland's government in the United States are presented against a historical background. The article recognizes the difficulties encountered throughout the restitution process, resulting inter alia from large-scale destruction of records, lapse of time, complexities of provenance research, and intersection of international and national legal systems. The analysis examines legal remedies, which are available to original owners pursuing their restitution claims in the United States. The article recognizes the commitment of the US museum community to addressing the issues of unlawfully appropriated art. Examples of recent restitutions from American collections, both public and private, are illustrative of different means, by which resolution of cultural property disputes has proven successful in the last decade.
Anna A. Perl is First Secretary at the Embassy of the Republic of Poland in Washington, DC. Prior to assuming her current position, she was Deputy Director of the Department of Cultural Heritage at the Poland's Ministry of Culture and National Heritage. From 2001 to 2006, she served as a political officer at the Polish Embassy in Washington, DC. Anna Perl received her master's degrees in law and applied linguistics from the University of Warsaw, Poland. She holds a Master of Laws (LL.M) degree from the Colombus School of Law of the Catholic University of America in Washington, DC, and is a member of the New York Bar.

Ms. Perl writes in her article:
Any analysis of the efforts to recover works of art lost or displaced during and in the aftermath of World War II should be seen against a historical background. Few countries suffered cultural losses on a scale comparable to that of Poland. The agreement signed in August of 1939 between Nazi Germany and Soviet Russia, and their joint invasion of Poland brought defeat to the county and plunder of its cultural property on a massive and unprecedented scale. The once splendid art collections were destroyed or dispersed due to theft, confiscation, coercive transfer and looting by the Germans and Soviets. The fate of the Warsaw University Library is a case in point. Home to the oldest and most valuable graphics collection in pre-WWII Poland, the Library lost in the years 1939 through 1945 more than 60,000 prints and drawings. Three magnificent pen and ink drawings by Dürer that were housed in this prestigious institution never returned to Warsaw. 
The confiscation of works of art was meticulously planned and implemented with a ruthless precision by the German authorities in the weeks and months following the occupation of Poland. In the early days of October 1939, the German Confiscating Commission arrived in Warsaw to carry out its mission of "safeguarding" Polish culture property. It was responsible for much of the looting carried out on behalf of the Reich. A formal decree of December 16, 1939, issued by Hans Frank, Nazi General Governor of Generalgouvernement, institutionalized the looting and provided a basis for Nazi pillage. The most valuable artworks seized by the Nazis were included into a catalogue known as Sichergestellte Kunstwerke im Generalgouvernement, which governor Frank presented to Hitler in 1940. This "catalogue of plunder" contained descriptions and photographs of 521 masterpieces. Post-war restitution efforts resulted in several returns, yet some of the most treasured artifacts, such as Portrait of a young man by Rafael, or the three pen and ink drawings by Dürer stolen from the Warsaw University Library are still missing.
Ms. Perl's article is continued in the ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, and available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.