Neil Brodie is Senior Research Fellow in the Scottish Centre for Crime and Justice Research at the University of Glasgow. Neil is an archaeologist by training, and has held positions at the British School at Athens, the McDonald Institute for Archaeological Research at the University of Cambridge, where he was Research Director of the Illicit Antiquities Research Centre, and Stanford University’s Archaeology Center. He was co-author (with Jennifer Doole and Peter Watson) of the report Stealing History, commissioned by the Museums Association and ICOM-UK to advise upon the illicit trade in cultural material. He also co-edited Archaeology, Cultural Heritage, and the Antiquities Trade (with Morag M. Kersel, Christina Luke and Kathryn Walker Tubb, 2006), Illicit Antiquities: The Theft of Culture and the Extinction of Archaeology (with Kathryn Walker Tubb, 2002), and Trade in Illicit Antiquities: The Destruction of the World’s Archaeological Heritage (with Jennifer Doole and Colin Renfrew, 2001). He has worked on archaeological projects in the United Kingdom, Greece and Jordan, and continues to work in Greece.

Abstract for Aramaic Incantation Bowls in War and in Peace by Neil Brodie: 

Since 1991, hundreds of previously unknown Aramaic incantation bowls have appeared on the antiquities market and in private collections. In the absence of any reliably documented provenance, it is widely believed that these bowls must have derived from illegal digging in Iraq after the 1991 Gulf War. Many of them are now being studied by university-based scholars. This chapter examines the legal and ethical challenges posed by their study.

The archaeological sites and museums of Iraq have been subject to intermittent and sometimes serious looting since the end of the 1991 Gulf War. Stolen and illegally exported artifacts have been traded and collected on the international market without any indication of provenance (ownership history) that might help to reveal their illicit pedigrees. The act of looting destroys material evidence of the past and the trade is in the hands of criminals. Nevertheless, many of these artifacts that are now in private hands are being published and studied by university-based scholars. This paper offers a brief overview of the legal and ethical issues that the collection and study of unprovenanced but likely looted and criminally-traded objects entails by reference to the example of Aramaic-inscribed incantation bowls.

Abstract 

In 2003, Leonardo’s Madonna of the Yarnwinder was stolen from Drumlanrig Castle in Scotland. Several years later it was recovered at a Glasgow law firm, and it then underwent forensic analysis. This essay, part academic article and part personal memoir by the world’s leading Leonardo scholar, art historian Martin Kemp, provides a more personal look at the crime and the painting.

On 27 August 2003, I am sitting under an umbrella on the terrace of the Villa Vignamaggio above Greve in Chianti, a villa once owned by the Gherardini family and haunted by the shade of a famous daughter known as Mona Lisa, when Thereza Wells, my former research student and co-author, calls to report the theft of the Duke of Bucceluch’s treasured Leonardo painting, the Madonna of the Yarnwinder, from Drumlanrig Castle in the Scottish borders. The news is as yet hazy. It seems that some men driving a VW Golf GTI had abruptly removed it shortly before the rooms were to close to the public that day. They had overpowered the female custodian and threatened her with a knife. I receive the call when I am in the process of writing a new book on Leonardo for Oxford University Press, which involves, of course, a discussion of the Madonna of the Yarnwinder. A coincidence of the worst kind.

The Spring/Summer 2014 issue (#11) of The Journal of Art Crime edited by ARCA founder Noah Charney is now available. The Table of Contents is listed on ARCA's website here. The Associate Editors are Marc Balcells (John Jay College of Law) and Christos Tsirogiannis (University of Cambridge). Design and layout (including the front cover illustration) are produced by Urška Charney.

Letter from the Editor Spring/Summer 2014

Welcome to the new issue of The Journal of Art Crime, and thank you for subscribing. Your subscription supports ARCA in our research and educational endeavors, and we are grateful for it. 

In this issue you’ll find academic papers from graduates of ARCA’s Postgraduate Certificate Program, as well as the work of world-renowned experts in the field, who likely need no introduction, Neil Brodie and Martin Kemp. This precisely embodies what ARCA and the JAC is all about: supporting new scholars and established experts in a common venue. Where else can a young postgraduate student find her name alongside Martin Kemp’s, a man who is quite probably the most famous art historian living today? I would particularly like to thank Drs. Kemp and Brodie for including their fine essays in this issue of the JAC. They were originally prepared for a forthcoming essay collection, to be published by Palgrave. This collection, as yet untitled, will function as a follow-up to ARCA’s Art & Crime: Exploring the Dark Side of the Art World (Praeger 2009), and will feature a dozen new essays by top scholars and professionals, as well as a selection of the finest essays already published in the JAC, over its first five years in print. More information on this volume will follow, but these two essays will give you a preview of “coming attractions,” as it were. 

We hope that you will enjoy these articles. Best wishes and thanks again for your support.

Noah Charney Founder, ARCA Editor-in-Chief, The Journal of Art Crime

In his first TV interview, FBI Special Agent Geoff Kelly, the Bureau's leading investigator on the Gardner Case, tells FOX 25's Bob Ward the trail for the missing Gardner artwork has not grown cold. Kelly said the Bureau has confirmed sightings, from sources the Bureau deems credible, of the Gardner artwork in the years after it was stolen. He also identified three persons of interest in the Gardner case, all with ties to organized crime: Carmello Merlino, Robert Guarente, and Robert Gentile. Kelly said in the late 1990's, two FBI informants told the Bureau that Merlino was preparing to return Rembrandt's Storm on the Sea of Galilee, in an effort to collect the reward. However, Merlino and his crew were soon arrested in an aborted armored car heist and the painting was never returned. Kelly believes Guarente somehow passed control of the stolen Gardner artwork to Gentile, a Manchester, Conn. man. Kelly believes Gentile has ties to organized crime in Philadelphia, PA and that Gentile helped bring some or all of the stolen Gardner artwork to Philadelphia where it was last seen in 2000, offered for sale. In 2012 Gentile's home and property in Manchester, Conn. were extensively searched but no sign of the stolen Gardner artwork was located. However, Kelly said authorities recovered police paraphernalia, including "clothing, articles of clothing with police and FBI insignias on it, handcuffs, a scanner, two way radios, and Tasers" and these are not common items. Gentile, through his lawyer, denied having any connection to the Gardner art heist or with moving the artwork after the fact. Both Merlino and Guarente are now dead. If you have any information about the Gardner Museum artwork, call the FBI at 1-800-CALL-FBI. There is a $5 million reward in this case. 

Read more (and see the video which includes an appearance by Anthony Amore, security director of the Gardner museum): http://www.myfoxboston.com/story/25583520/fbi-has-confirmed-sightings-of-gardner-artwork-after-heist#ixzz32SaaZt9e

"The FBI told me that they had information from several sources that I was an actual participant in the robbery," Turner recalled. "What was said was 'Give us the paintings right now, and you can go home."

'body shop grew into an underworld flea market for looted goods. "If there was something you wanted stolen, that was the place. You could go there and just put in an order, and they would have crews running all sorts of places, South Shore Malls, downtown, everywhere," retired state police officer Eddie Whelan told me.

Merlino was picked up on a drug charge in 1992, and through an intermediary, he offered to return the paintings for a reduced prison sentence. He told prosecutors that the masterpieces were "very big and international," that the deal has to be kept quiet or he would be killed. But Merlino never offered any hard evidence of the lost art ... [but] it was clear that Merlino did not have direct access to the art, that he was attempting to secure the masterpieces from someone else.

Perhaps mob associate Robert Guarente was the mastermind? He was a friend of Turner's, a frequent visitor to Merlino's body shop, and had connections to Myles Connor. But Guarente died in 2004 without any sign of the paintings. The FBI confidential informant reports also imply that Turner himself had the loot. That seems impossible. Turner would have almost certainly given up the canvases to get out of his thirty-eight year prison sentence. 

The Norton Simon took a different approach, based on past cordial relations with Cambodia's cultural authorities. Without a suit having been filed, museum representatives went to Phnom Penh for discussions earlier this year. Despite what the museum characterized as "a good-faith difference of views" with Cambodia over whether the Norton Simon was legally obliged to send the statue back, its leaders concluded that there were special reasons to send it home. "While there are extremely strong legal arguments for why we could defeat a claim, and while the Cambodian law is ambiguous at best, in this circumstance it seems appropriate and in keeping with the positive relationship the Norton Simon has had with Cambodia over the years to gift the statue to them," said Luis Li, an attorney for the museum. "They have a very specific archaeological context they want to create, and I think the Norton Simon was moved by that."

The Norton Simon Museum will still own 40 ancient Cambodian objects, including a gigantic standing figure of Buddha that serves as a greeter in its lobby, and a lion that crouches on guard near the entrance to the gallery where Bhima will soon no longer preside. It's uncertain whether a dozen other pieces are from Cambodia or from Thailand. "We have not been approached by Cambodian or U.S. officials about other works in the collection and have no indication of future requests," museum spokeswoman Leslie Denk said this week.

Dear members and friends, 

You may have read in the newspaper that the Norton Simon Art Foundation is making a gift of its “Temple Wrestler” statue to the Kingdom of Cambodia. This monumental 10th-century sandstone sculpture depicting Bhima, a heroic figure from the Hindu masterpiece The Mahabharata, has been exhibited continuously at the Norton Simon Museum for nearly four decades. During this period, the Museum has taken great care to preserve the work, and to highlight its significance through scholarly research and publication. Now, following a compelling request from officials in Cambodia, the piece will return to its country of origin, joining several other sculptures that are believed to have once stood at a temple in Koh Ker. 

We wanted to inform you that the last day this remarkable artwork will be on public view is next Thursday, May 22nd. For those of you interested in seeing it before it makes its journey to Phnom Penh and to the National Museum there, we hope you will visit us in the coming days. 

Kind regards, 

Leslie C. Denk Director of Public Affairs

The Norton Simon properly acquired the Bhima from a reputable art dealer in New York in 1976. However, the facts about the Bhima’s provenance prior to the dealer’s ownership are unclear because of the chaotic wartime conditions in Cambodia during the 1970s. Even though the Kingdom of Cambodia and the Norton Simon have a good faith difference of views in relation to the meaning and scope of Cambodian law and guidelines governing the determination of ownership of the Bhima, the Norton Simon worked directly with Cambodia to come up with a mutually acceptable solution.

Yes, people are highly surprised. Just recently an extensive search has been closed and those items were not discovered. Some huge names are involved. There is no doubt that these 15 items, divided amongst five museums, including Palace Het Loo and the Rijksmuseum, have to be considered as looted. They were all auctioned in 1934 and that particular auction has been considered by both the German and Austrian government as being an "involuntary sale". This absolutely does not mean that the Palace or the museums did know that they once bought looted art. Far from that: this is a worldwide problem that just shows that we have done too little, too late regarding provenance-research...

The art collection of Palace Het Loo, the Rijksmuseum and three other museums are thought to include pieces and artifacts that were looted from a Jewish family during a Nazi plunder, the Telegraaf reports. In total, 15 pieces of a valuable Meissen porcelain dinnerware ware set may have been stolen from the Gutmann family. The items may have been put up for auction in 1934 under coercion from the Nazis. Now, 80 years after the fact, Amsterdam investigation bureau Artiaz was able to trace the pieces, to the museums. “We are taking this very seriously, and are going to establish an origins research action immediately”, a spokesperson of the Paleis Het Loo National Museum Foundation said in a reaction.

Artiaz traced the dinnerware set pieces by looking through old auction documents.

“Salacious is that the Ekkart commission concluded a big investigation into looted art in Dutch museums without detecting these set pieces”, says Arthur Brand who executed the investigations with David Kleefstra and Alex Omhoff. 

The Facts and Files bureau in Berlin investigated the case for the Gutmann family, who live in Germany, and concludes that the 15 porcelain gravy boats and plates were still registered as lost until yesterday. “We are expecting that the Gutmanns will request us to contact the Netherlands State and the Restitution Commission, so that the pieces can hopefully return to the family” says investigator Beate Schreiber. The items are part of a unique 435-piece Meissen dinnerware set depicting village scenes, which was given to Willem V around 1774 as a gift from the United East-Indian Company. The prince sold the set during exile in England. Later, 26 items were bought by Herbert Gutmann, son of banker Eugen Gutmann who set up the Dresdner Bank. When the Nazis came to power in Germany in 1933, they saddled him with a sky high debt.

A call for art market due diligence, concerning provenance and the public record. 

Provenance is the origin and history of ownership of a painting or object, and it is essential to determining the object's authenticity, monetary value, and secure title. Although reveling in sales boosted both by new market interest and freshly minted dotcom billionaires, the international art and antiquities market will soon stumble badly unless it embraces new technologies to centralize and to radically increase the scope, quality, and authority of provenance research.

The art market currently generates about $60 billion annually. It does so without meaningful regulation and is myopic in the intelligent use of contemporary tools. It functions almost precisely as it did in the early 19th century. Trust still governs in an increasingly untrustworthy environment. As a result this market is rife with forgery, fakery, looting, and sales of stolen objects, all accompanied by a morass of litigation. The way out of this quagmire lies not with increased legal action but in sewing shut the gaping holes in provenance research that permit such chicanery. The creation of a nonprofit Center for Provenance Research (CPR), funded by a small levy on market sales, is sorely needed to vet the legitimacy of what is traded. The greatest deterrent to fraud on the market is a decreasing ability to get away with it.

WARSAW, POLAND — The Division of Looted Art at Poland’s Ministry of Culture is a small office with a big mandate. Since 1992, the four-person unit has been charged with collecting and digitizing information about the more than 63,000 objects stolen from the Polish state, churches and private citizens during World War II. Until now, the division’s website was only able to exhibit 3,000 of the objects. Thanks to an upgrade and reintroduction in March, today almost 14,000 lost pieces — including Raphael’s “Portrait of a Young Man,” taken by the Nazis from a family collection in Krakow — will have a virtual home. 

“The Internet has become the main source of finding information on Polish looted art,” said Karina Chabowska, an employee, seated next to several filing cabinets full of photographs and files about stolen works waiting to be uploaded. “The new site will be important to exchange information with auction houses, with people from museums and also to give them some tips of what to do if they find pieces of art that could have been looted or stolen from Poland.” 

Technology has given new impetus to the search for lost and stolen art. Through projects ranging from websites to digital fingerprinting of artworks, governments and organizations are now able to share information and images of missing works widely, allowing the images to be recognized and, it is hoped, returned. 

“For people interested in lost treasure, technology has made it much more likely that we will find things like, for example, locations to excavate to find dozens of other hiding places,” said Noah Charney, an art historian and founder of the Association for Research into Crimes Against Art. “So technology has made the world both smaller and more transparent.”