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June 22, 2014

ARCA '14 Conference: Presenting Simon Mackenzie with 2014 Eleanor and Anthony Vallombroso Award for Excellence in Art Crime Scholarship

ARCA Founder Noah Charney will present Simon MacKenzie, Trafficking Culture project at the University of Glasgow, the 2014 Eleanor and Anthony Vallombroso Award for Excellence in Art Crime Scholarship at ARCA's Sixth Annual Interdisciplinary Art Crime Conference on June 28 in Amelia. You may read more about Professor Mackenzie here.

Past winners: Norman Palmer (2009), Larry Rothfield (2010), Neil Brodie (2011), Jason Felch and Ralph Frammolino (Jointly – 2012), Duncan Chappell (2013).

June 21, 2014

ARCA '14 Conference, Panel V: Looting, Litigation and Repatriation

The fifth panel at ARCA's Sixth Annual Interdisciplinary Art Crime Conference will feature:

Will it be the Getty Bronze or L'atleta di Fano? Italy's ongoing case for the return of the bronze statue of the Victorious Youth
Maurizio Fiorilli. Avvocato della Stato, Italy (Ret) and Stefano Alessandrini, Consultant

The Duryodhana, the Balarama and the Bhima: a Cambodian perspective on the return of three pre-Angkorian sandstone statues from Prasat Chen at the Koh Ker temple complex
His Highness Sisowath Ravivaddhana Monipong of Cambodia

June 20, 2014

The Tenth Islamic Manuscript Conference: Manuscripts and Conflict in Cambridge Aug. 31-Sep. 2

The Tenth Islamic Manuscript Conference: Manuscripts and Conflict, 31 August-2 September 2014, will be held at Magdalene College, University of Cambridge, UK.

There will also be a special programme on 3 September 2014, including a workshop on disaster planning for Islamic manuscript collections. Please find more information about the conference programme online.

The Tenth Islamic Manuscript Conference will be an occasion to reflect on progress in conservation, preservation, cataloguing, digitisation and research relating to Islamic manuscripts and manuscript collections during the decade since the founding of the Association, and to look ahead to anticipated developments in these fields over the next ten years. The conference’s special theme — Manuscripts and Conflict — will also constitute a timely opportunity to consider the above subject areas within the intensifying contexts of acute social and political instability or military conflict. Invited keynote speakers, round table sessions, poster presentations and workshops will promote active participation in a cutting-edge discussion of these subjects.

Poster presentations

Students and other interested persons are encouraged to submit posters about their work with Islamic manuscript collections for presentation at the conference. Please find more information about this online.

ARCA '14 Conference, Panel IV: The Genuine Article: Fakes and Forgeries and the Art of Deception

On Saturday June 28 in Amelia, these presenters will make up the panel on fakes and forgeries at ARCA's Sixth Annual Interdisciplinary Art Crime Conference:

Would the real Mr. Goldie please stand up?
Penelope Jackson M. Phil, University of Queensland, MA University of Auckland
Director, Tauranga Art Gallery Toi Tauranga, New Zealand

Forgery and Offenses Resembling Forgery
Susan Douglas, PhD Concordia University
Lecturer (Assistant Professor) Contemporary Art and Theory, University of Guelph

In the Red Corner: “Connoisseurship and Art History”, and the Blue Corner: “Scientific Testing and Analysis” – Who’s right in determining Authenticity?
Toby Bull, Senior Inspector of Police, Hong Kong Police Force
Founder, TrackArt (Art Risk Consultancy), Hong Kong

June 19, 2014

Report from ARCA Amelia '14: Second week of courses by Flynn and Ellis bookended with visit to Orvieto

The end of Dr. Flynn's class.  Photo by Summer Kelley-Bell
By Camille Knop, ARCA '14 Intern

Professor Tom Flynn’s course, ‘The International Art Market and Associated Risk’, resumed last Monday with discussions on the tensions between the aesthetic and economic values of works of art. The class concluded two days later with the screening of Furcht, a 1917 German Expressionist film written and directed by Robert Wiene that explores the colonialist roots of collections and the magical haptic quality of works of art that moves one to possess them (even at the risk of one’s safety, in this case). In order to fulfill the course requirements, students composed a 1,500-word response to Gregory Day’s article, “Explaining the Art Market Thefts, Frauds, and Forgeries (And Why the Art Market Does Not Seem to Care).” This exercise allowed students to synthesize and expand on the consequences of the logic of art when put at odds (or not) with the logic of capital.

The End of Dick Ellis' class. Photo by Summer Kelley-Bell

Professor Dick Ellis’ course (“Art Policing, Protection, and Investigating”) the second half of the week included student presentations on art-related crime, focusing on issues regarding due diligence, motivations, and legal and jurisdictional frameworks. Cases ranged from paintings stolen from private property, to an Egyptian pectoral stolen from a university library, to manuscripts smuggled out of Mali, to underwater archaeological looting. The weekend began with many students joining Professor Ellis at two local spots in Amelia: Bar Leonardi and Bar Vertigo.

Despite the forecast of heavy rain, students enjoyed various weekend activities without the stress of any coursework. On Saturday morning, a small group of eight went on an optional trip to Orvieto, which rests on a small plateau of volcanic tuff. After arriving at the foot of the city by bus at around 9:00 a.m., they enjoyed a ride up the funicular that took them right to the edge of the city walls. While some students visited a Roman double-helix well, others wandered around the city, which was preparing for an annual festival that afternoon. Eventually, everyone reunited in the Duomo di Orvieto, whose impressive exterior decoration drew them in like flies to bright lights. Luckily, the group left minutes before a large thunderstorm, which had been seen making its way through the valley towards the city.

Duomo di Orvieto. Photo by Summer Kelley-Bell
By the end of the second week of the ARCA program, the initial nervous excitement of orientation and move-in had worn off, and students began to feel more comfortable as they established their daily routines. In my case, the owners of Caffe Grande, concerned with my poor Italian, have been helping me expand my vocabulary from simply “Grazie!” and “Ciao!” by teaching me alternative greetings through some very animated gestures and universal sign language. Although I was not yet prepared to help a lady who had asked me for directions that week, I was still ecstatic over the fact that I had even been asked! By the end of the second week of classes, ARCA students, including myself, have begun to feel (and apparently appear) less like newcomers and more like Amerini.

You may read about the first week of the program here.

Panel on "The Vulnerabilities of Sacred Art In Situ: Yesterday and Still Today" for ARCA's Sixth Annual Interdisciplinary Art Crime Conference

The panel on "The Vulnerabilities of Sacred Art in Situ" will highlight these issues:

The Theft and Ransom of Caravaggio’s “St. Jerome Writing”, Co-Cathedral of St. John
Rev. Dr. Marius Zerafa, O.P. S.T.L., Lect. Th., A.R. Hist. S., Dr. Sc.Soc Founder of the Museum of Fine Arts in Valletta, Malta Former Curator and Director of the Malta Museums

Fighting the Thieves in Italian Churches
Judith Harris, Journalist (ARTnews; www.i-italy.org) Author, Pompeii Awakened, The Monster in the Closet

Evacuate the objects from vulnerable religious sites? No, protect them in situ!
Stéphane Théfo, Police Officer/Project Manager, INTERPOL Office of Legal Affairs

You may read more about the conference to be held June 27-29 in Amelia here.

June 18, 2014

The Legal Case of the Mummy Mask of Lady Ka-nefer-nefer at the St. Louis Art Museum Ignites Discussion on Museum Security Network after Courthouse News Reports US Court Rules US Government Could Not Prove Theft

by Catherine Sezgin, ARCA Blog Editor

Updated to reflect published comment by Rick St. Hilaire

In 2011, the Saint Louis Art Museum (SLAM) took legal action to keep the  Mummy Mask of Lady Ka-nefer-nefer from being taken by the U.S. government on the grounds that authorities knew about the mask as early as 2005 and that a five-year-statue of limitations period had expired ("St. Louis Art Museum Sues the United States to Preclude a Forfeiture", ARCA blog, Feb. 16, 2011). Jack Bouboushian reported in "Egyptian Mummy Mask Will Stay in St. Louis" for Courthouse News Service on June 17:
(CN) - An ancient Egyptian mummy mask will remain in the St. Louis Art Museum because the U.S. government cannot prove the mask was stolen from Egypt when it went missing 40 years ago, the 8th Circuit ruled.
[Rick St. Hilaire submitted a comment to the ARCA blog which we published and are reprinting here for your ease of reading -- you may also refer to his blog, Cultural Heritage Lawyer:
The CN article is inaccurate. The appeals court did not rule that the U.S. government failed to prove that the mask was stolen from Egypt. Instead, the appeals court ruled that the lower district court did not abuse its discretion by denying the government’s post-dismissal motion asking for leave to file an amended civil forfeiture complaint. That amended complaint, if accepted by the lower court, contained the allegations that the mummy mask was stolen property. Therefore, the substantive case involving whether the mask was stolen was never litigated. That is what prompted appeals court judge Diana Murphy to write a concurring opinion that agreed with the dismissal of the Ka Nefer Nefer case on procedural grounds, but addressing a caution because of the substantive matters raised but never addressed by the case: "Museums and other participants in the international market for art and antiquities need to exercise caution and care in their dealings in order to protect this heritage and to understand that the United States might ultimately be able to recover such purchases."
Security Consultant Ton Cremers, whose emails were cited in SLAM's 2011 complaint (see ARCA Blog post here), initiated a discussion today on Museum Security Network (MSN) then told the ARCA blog:
In cases of looted, stolen and smuggled cultural goods always the laws of the 'consumer' countries prevail, and most unfortunately not the laws of the victim countries. There is no doubt at all that the Ka-nefer-nefer mask was stolen. The Saint Louis Art Museum is not a member of ICOM [International Council of Museums] and never should be as well.
Dick Ellis, retired police officer for Scotland Yard and an ARCA Lecturer on a course on art investigations, wrote on MSN (quoted here with his permission):
If nothing else, this case identifies a lack of understanding in the processes available to those wishing to recover their stolen cultural property. We may not like the laws or legal processes of a country, but they are what you have to work with and if the wrong option is taken in the recovery process and you fail to meet the required deadlines then your case will fail, as it has in this case. 
Having followed the twists and turns of this case and actually obtained a copy of the records that exist in Egypt showing where the mask was at specific dates it is clear to me that the wrong process was adopted. Rather than sue for the return of the mask, Egypt should have resorted to the same process that put Fred Schultz in prison for contravening US property law. This would have resulted in the FBI actually having to investigate the conduct of those involved in the sale of the mask to the museum and the provenance that was provided in support of it. 
If these investigations had produced evidence that criminal offences had been committed within the jurisdiction of the US courts then those responsible may well have faced a trial under the criminal process, and had the provenance as supplied to the museum been proven to be bogus then it is doubtful that the museum would, or could have resisted a subsequent claim for the return of the mask. 
Having worked with the Egyptian authorities on the successful prosecution of Tokeley Parry, Fred Schultz and others, which established the effectiveness of prosecuting under national property laws rather than cultural property laws, it is disappointing to find that the many lessons of that case appear to have been forgotten so quickly.
Virginia Curry, a retired agent for the Federal Bureau of Investigation (FBI), also wrote on MSN (quoted here with her permission):
While I am not an attorney, I've been successful in all my investigations and have investigated hundreds of similar cases involving  international  property theft and smuggling. Generally, a U.S.  Federal Inter-pleader action, which is a civil, not criminal procedure, occurs AFTER the federal criminal case has been proven that property is in fact stolen and has a nexus to interstate-international transportation or communication (Title 18 United States Code Section 2314, 2315.)
  
Dick you will remember that our collaboration (under a Mutual Legal Assistance Treaty Request)  the theft of the Teniers painting by a U.S. citizen was just that.  The painting was proven stolen at federal criminal  trial in the U.S. -- even though it was stolen from a London dealer, in London.  That court trial, which led to the guilty plea of the thief of the action of transporting property internationally, determined that the painting was stolen.  The court then acknowledged the ownership of the property by the London dealer. 
In my opinion, a case which FIRST proved that the mask was illegally imported to the United States, rather than relying on the logical presumption, especially when there is sufficient extant evidence to do so, would have prevailed.  
I agree with Dick: Consulting with field experts such as he and myself and a dozen others with well known, actual convictions with restitution in similar criminal cases can avoid such "procedural issues" -- such as the "untested legal theory" (that I interpret as the presumption of stolen and smuggled, rather than the presentation of evidence) as expressed by Judge Murphy.
For background on the Ka-Nefer-Nefer mask residing at the Saint Louis Museum, Ton Cremers referred readers of MSN to Malcolm Gay's 2006 article "Out of Egypt: From a long-buried pyramid to the Saint Louis Art Museum: The mysterious voyage of the Ka-Nefer-Nefer mask", Riverfront Times, Feb. 15, 2006.

In 2012 at ARCA's Conference on the Study of Art Crime and Cultural Heritage Protection, Leila Amineddoleh discussed the issue of this Egyptian Ka-Nefer-Nefer mask and its probably looted origins.

SLAM's website describes the provenance for the Mummy Mask of the Lady Ka-nefer-nefer:
Provenance:1951/1952 -Mohammed Zakaria Goneim, excavated at Saqqara, Egypt [1]
by 1952 - Unknown Dealer, Brussels, Belgium [2]
- early 1960sKaloterna Collection [3]
early 1960s -Private Collection, Switzerland, acquired from Kaloterna collection [4]
by 1997 - 1998Phoenix Art, S.A. (Hicham Aboutaam), Geneva, Switzerland, purchased from private collection [5]
1998/03/30 -Saint Louis Art Museum, purchased from Phoenix Ancient Art, S.A. [6]
Notes:[1] Excavated by Mohammed Zakaria Goneim, Keeper of the Antiquities of Saqqara, at Saqqara, during his first season (1951-1952) at the site [Goneim, Mohammed Zakaria,"Excavations at Saqqara; Horus Sekhem-Khet, the Unfinished Step Pyramid at Saqqara." Vol. 1. Cairo: Imprimerie de L'Institut Français D'Archéologie Orientale, 1957].
A letter from a scholar, dated December 12, 1999, indicates that the other objects from the Saqqara excavation group were displayed together in the Cairo Museum, suggesting that they were put on display right after Goneim's excavation. The scholar suggests that the mask was never displayed with the other excavated objects and was probably awarded to the excavator himself. This would correspond with its appearance on the European art market soon after its excavation [SLAM document files].
[2] In a letter dated February 11, 1997, Charly Mathez confirms that he saw the mask in a gallery in Brussels in 1952. According to a letter dated October 5, 1999, he did not remember the name of the gallery [SLAM document files].
[3] In a letter dated March 19, 1998, Hicham Aboutaam indicated that an anonymous Swiss collector acquired the mask from the Kaloterna (possibly Kaliterna) family. In a letter of July 2, 1997, addressed to Hicham Aboutaam, the Swiss collector stated that this acquisition took place in the early 1960s [SLAM document files]. The name "Kaloterna" may be a misspelling of the common Croatian name "Kaliterna." The Swiss collector also had an address in Croatia, and it is possible that the collector became acquainted with the Kaloterna (or Kaliterna) family there. 
[4] See note [3]. The Swiss collector requested anonymity.
[5] The Swiss collector's letter of July 2, 1997 confirms the sale of the mask to Aboutaam [SLAM document files]. Aboutaam also states that the mask was in the United States from 1995 until 1997, possibly indicating that it was in the possession of the New York branch of Phoenix Ancient Art, S.A. during that time [letter, September 23, 1997, SLAM document files]. 
[6] Invoice to the Saint Louis Art Museum dated March 12, 1998 [SLAM document files]. Minutes of the Collections Committee of the Board of Trustees, Saint Louis Art Museum, March 18, 1998.
In The New York Times article "Do You Know Where That Art Has Been?" (Rod Stodghill, March 18, 2007) Hicham Aboutaam's legal problems (and that of his gallery, Phoenix Ancient Art were identified:
For the Aboutaams, whose father started the gallery in Beirut in the 1960s, the makeover will require not only overhauling some of its business practices, but also restoring a public image dogged by legal and ethical questions. In 2004, after an investigation by the United States Bureau of Immigration and Customs Enforcement, Hicham Aboutaam pleaded guilty to a misdemeanor in connection with his importing and selling for $950,000 a silver ceremonial drinking vessel that at the time was alleged to be part of the plundered Iranian Western Cave Treasure. He paid a $5,000 fine. That same year, an Egyptian court sentenced Ali Aboutaam in absentia to 15 years in prison after he was accused of smuggling artifacts from Egypt to Switzerland. The charges against him were later dropped by the Egyptian court due to a lack of evidence. Such run-ins with the law have made big museums nervous even when nothing may appear untoward. In 2001, the Kimball Art Museum in Fort Worth returned a 2600 B.C. Sumerian statue it had bought from the brothers for $2.7 million for a refund. Hicham Aboutaam said that questions surrounding the taxes on his parents’ estate unraveled the deal.

Christos Tsirogiannis Phd to lead panel on "The Many Faces of the Illegal Heritage Trade" for ARCA's Sixth Annual Interdisciplinary Art Crime Conference June 28

The second panel of ARCA's Sixth Annual Interdisciplinary Art Crime Conference will be led by Christos Tsirogiannis and presented by:

Papyri, collectors and the antiquities market: a survey and some questions
Roberta Mazza, PhD University of Bologna Lecturer (Assistant Professor), Classics and Ancient History, University of Manchester Research Fellow, John Rylands Research Institute – John Rylands Library

Using open-source data to identify participation in the illicit antiquities trade: A case study on the intercommunal conflict in Cyprus, 1963-1974
Sam Hardy, DPhil University of Sussex Illicit antiquities trade researcher Research Associate, Centre for Applied Archaeology, University College London

The Dikmen Conspiracy: The Illicit Removal, Journey and Trade of Looted Ecclesiastical Antiquities from Occupied Cyprus
Christiana O’Connell-Schizas, LLB University of Kent, LPC University of Law Baker & McKenzie, Riyadh

June 17, 2014

ARCA's Sixth Annual Interdisciplinary Art Crime Conference to open June 28th with panel highlighting "Recent US and EU Investigations"

The 2014 ARCA Interdisciplinary Art Crime Conference will open with:

The Fall of the House of Knoedler: Fakes, Deception and Naiveté
Presenter: James C Moore, Esquire, Arbitrator and mediator of commercial disputes; Formerly, partner and trial lawyer with large New York law firm and president of New York State Bar Association

Hello Dalí: Anatomy of a Modern Day Art Theft Investigation
Presenter: Jordan Arnold, Esquire, K2 Intelligence; Former Assistant District Attorney and Head, Financial Intelligence Unit, New York County District Attorney’s Office

The Gurlitt Case: German and international responses to the legal and ethical questions to ownership rights in looting cases
Presenters: Duncan Chappell, PhD Lawyer and Criminologist, Faculty of Law at the University of Sydney and Saskia Hufnagel, PhD Lecturer in Criminal Law; Queen Mary University of London Rechtsanwalt – Fachanwalt Strafrecht, Hufnagel und Partner

The Gurlitt Case: An Inside View From Christopher A. Marinello, Lawyer and Representative for the Heirs of Paul Rosenberg
Presenter: Christopher A. Marinello, Esq Director and Founder, Art Recovery International

The Knoedler Case: NYT's Cohen questions how art dealers weren't suspicious when artist signature was misspelled

Journalist Patricia Cohen in her June 11 article in The New York Times, "Note to Forgers: Don't Forget to Spell Check", says the misspelled artist signature was a clue:
When angry collectors started suing Knoedler & Company for selling dozens of multimillion-dollar forgeries, the gallery’s former president, Ann Freedman, insisted that she and her colleagues had had no reason to think that any of the paintings were counterfeit. “If Ann Freedman had any questions about these works, she and her husband would not have invested hundreds of thousands of dollars in them,” her lawyer, Nicholas A. Gravante Jr., said of the paintings attributed to modern masters like Robert Motherwell, Mark Rothko and Jackson Pollock. Now, newly released documents in a continuing civil case show that at least one of the works bought in 2000 by Ms. Freedman herself contained a prominent clue that something was awry. The artist’s signature was spelled incorrectly: Pollok instead of Pollock.
You can finish reading Ms. Cohen's article online for The New York Times.

Attorney James C. Moore will discuss the Knoedler case ("The Fall of the House of Knoedler: Fakes, Deception and Naiveté") on June 28 at ARCA's Sixth Annual Interdisciplinary Art Crime Conference in Amelia.