Thierry Lenain writes that if Otto Kurtz (who wrote a much admired volume on art forgery several decades ago) should rise from the dead, that he would be disappointed with the present volume. Here Thierry Lenain underestimates the significance of his recent work. Art Forgery: the History of a Modern Obsession, which presents much interesting new material in a crowded field of competing volumes, also called “Art Forgery,” of which there are scores of identically-titled works, almost an allegory for the subject itself, as much of the content of these volumes is repetitive. Lenain’s works stands out as a significant research endeavour, not just another run-of-the-mill rehash of the lives of famous forgers, of which there are a continual stream. Incidentally, in common English use, we sometimes make a distinction between a fake and a forgery. A fake is a copied work of art, such as a series of Monet’s hung as a backdrop in a play: these are fake Monet’s, but they are not forgeries. If the same pictures of Monet’s are copied, signed and then sold as an original Monet, then we refer to that as a forgery, but these distinctions may not apply in other languages, so we do not necessarily see authors whose first language is not English following this precept. Forgery implies criminal deceit which a fake does not: at least that is the way in which several European writers use the two words, which makes an often useful distinction between the two actions or motives involved.

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.

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.

The Mosaic of Orpheus on display in a  room at the Istanbul Arcaeological Museum. (Photo by C. Sezgin)

Side view of the Mosaic of Orpheus

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.

Photo from Dallas Museum of Art

van Gogh's Self-Portrait, DIA

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

Edgar Tijhuis

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.

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).