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.

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.

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.

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.

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.

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.

Ms. Straus is an accomplished professional with a successful career in providing solutions on art and insurance matters, globally. She is widely recognized for her expertise in insurance and risk transfer needs of museums and cultural institutions, auction houses, galleries and private collectors. She has broad proficiency in legal issues relating to confiscation, repatriation and provenance.... For over 30 years, Dorit Straus has been an important contributor to the fine art insurance industry. She has authored commentary on the implications of art theft on the insurance industry and on insuring art. She currently serves on the faculty of ARCA (the Association for Research on Crimes Against Art) teaching a course on art crime and insurance in Amelia, Italy.

Successions of black windows, balconies, shadows, satellite dishes: Evol (b. 1970, lives and works in Berlin) highjacks urban space with his stencils of miniature housing projects, placing the peripheral, the invisible, at the heart of cities and institutions. His installation work was awarded the Prix Arte/ Slick in 2010. His scattering of buildings in ruins is a pointed comment on the failure of an architectural and political utopia. Arrested by the police’s anti-graffiti task force in 2012, Cokney (b. 1985, lives and works in Paris) was tried and was fined over 200,000 euro for his illegal paintings on trains and subway cars, a decision which he contested. This incident, and the publicity it received, compelled the artist to eschew the secrecy and clandestinity typically associated with graffiti art, paradoxically allowing him to own up to—and even lay claim—to his work. A celebrated tattoo artist, Cokney worked at Seen (NYC) before setting up at Hand In Glove (Paris). In his installation at the Palais de Tokyo, Cokney combines paintings with the estimates, complaints and reports generated during his trial, thus emphasizing that the police archives and the judicial examination of his work constitute an integral part of his production. More Information: http://artdaily.com/news/70804/Palais-de-Tokyo-in-Paris-brings-together-the-works-of-various-graffiti-and-street-artists#.U58cPJSwKwI[/url] Copyright © artdaily.org

Performance artist Deborah De Robertis in Musée d'Orsay (Luxemburger Wort, screenshot of YouTube video)

by Catherine Sezgin, ARCA Blog Editor

As reported by Luxemburger Wort last week in "Luxembourg artist flashes Paris museum-goers", performance artist Deborah De Robertis exposed her female genitalia in front of Gustave Courbet's L'origine du monde (1866) in the Musée d'Orsay in Paris on May 29:

Dressed in a gold sequin dress, the artist walked into the museum on May 29, sat down below the painting and spread her legs to reveal her vagina in a reflection of the artwork, which shows a woman's genitals and abdomen under the title The Origin of the World. A museum guard alerted police who took De Robertis into custody for indecent exposure. However, the prosecution decided not to press charges and the Luxembourg artist was released. Speaking to wort.lu, De Robertis explained that her performance was not simply an act of exhibitionism, but a reflected action, creating a new tableau in play with the original artwork. An invitation to the performance, distributed to a limited number of people, said that De Robertis aims to destabilise power relations, as well as reflecting on relationships between men and women, and artists and control over their work.

Art Detective aims to improve knowledge of the UK’s public art collection. It is a free-to-use online network that connects public art collections with members of the public and providers of specialist knowledge. Art Detective Launched in March 2014, Art Detective comprises a digital network built on top of the Public Catalogue Foundation’s (PCF) existing art object database. Art Detective is accessed through the Your Paintings website and the PCF website.

Dr. Christos Tsirogiannis

This study is the first academic approach to an immense and incriminating body of material: the confiscated photographic archive of Robin Symes and Christos Michaelides, the top antiquities dealers in the world until 1999. I show how this archive interacts with the archives previously confiscated from the dealers Giacomo Medici and Gianfranco Becchina. Forensic research by Italian and Greek police authorities on those archives first proved that - from at least 1972 until 2006 - the antiquities market was based largely on looted and smuggled objects, controlled by an international network of looters, middlemen, dealers, auction houses, conservators, academics, museums and private collectors. During the last seven years, this situation has worsened, despite the convictions of Symes, Medici, Becchina and multiple repatriations of their looted and smuggled antiquities from North American museums, collectors and dealers to Italy. My PhD tackled this most recent period. 

The project of demonstrating the involvement of reputable institutions, companies and individuals in the illicit antiquities trade, as well as the corruption of the art market, is by its nature interdisciplinary; its results are important for the fields of archaeology, art history, criminology, politics and law. I brought to the PhD a unique combination of an academic background in archaeology and extensive work experience in the field. Following my undergraduate degree, I was employed for several years by the Greek ministry of Culture as an archaeologist before receiving an invitation to work on the exposure of the international illicit antiquities network with the Greek Police Art Squad. My specific interest in Symes-Michaelides comes from the fact that I participated in the police raid on their home on Schinousa, from where the archive was seized, and I was later the sole investigator of the contents, working as forensic archaeologist at the Greek Ministry of Justice. 

The PhD began with a historical review, and then surveyed the main members of the international illicit antiquities network (ch. 1). I systematically catalogued the contents of the Symes-Michaelides archive (ch. 2) and then outlined, with examples, the ways in which Symes traded with Medici and Becchina (ch. 3). The central chapter documents ways in which academics from reputable institutions were involved in ‘laundering’ this illicit material, via publications then used by museums and auction houses (ch. 4). In the last main chapter, I presented and analyzed a series of hitherto undiscovered cases of illicit antiquities in the antiquities market, mainly in auction houses since 2007. My conclusion drew out the wider picture (implications) from the network’s activities and suggested solutions towards different attitudes in antiquities trading, as well as fighting the antiquities trafficking. 

The project I would be concerned with as Writer-in-Residence this summer, therefore, is the transformation of the completed PhD into a book. As well as editing the text, I need to update the story of some individual case studies, and my description of the ways in which protagonists are selling artifacts. The PhD was about 77,000 words, plus three appendices of transcripts etc. and bibliography; I expect that the book would be c.100,000 words all told. I am currently putting together a book proposal to send to publishers in the next month; I hope that by July I would have a sense of what the publisher requires by way of editing and expansion. 

The ARCA Writer-in-Residence also offers me a rare opportunity to check the publications of auction houses, galleries, museums and private collections kept in libraries in Rome. These publications have proved valuable to forensic archaeologists Maurizio Pellegrini and Daniela Rizzo in the identification of dozens of antiquities from the same archives (Medici, Becchina, Symes) for the Italian state during the period 1995-2008. No library in Europe has a complete series of auction house -- and gallery -- publications, but I expect to add to my own catalogue from a systematic check in Rome, due to the recent successful repatriation claims of the Italian state.

I was drawn to Robert Bevan’s book after conducting a literature review for an article I was working on. After reading the sections I was interested in, I left the book nearby, as I was eager to read the entirety of its contents the sooner the better. Bevan, former editor of the magazine Building design, chronicles and deeply analyzes along the 240 pages of the book (divided in seven chapters) several cases of architectonical destruction and how it has an impact in obliterating not only an ethnic group but also what they represent. 

Chapter one sets the tone for the chapters that follow: in an introductory, broader approach if compared to the rest of the chapters, which are more specific and deal with particular issues of cultural heritage destruction, the author explains how architecture achieves a totemic status with a meaning that needs to be destroyed in order to ensure the eradication of a particular ethnic group. It is interesting to see how the author delineates the history of architectonical destruction, and for the readers interested in the legislation related to destruction of cultural heritage, it is also briefly described in this chapter. 

Chapter two talks about cultural cleansing: the author looks for similarities and differences between kristallnacht and the beginning of the treatment of the Jewish by the Nazi regime, and the Balkan wars. The genocide of the Armenians, another important one of the twentieth century, is explained in order to highlight the need not only to eradicate the individuals but also its collective memory and identity.

Critical to their return was Tess Davis, a U.S. art lawyer and affiliate researcher at the University of Glasgow, who stressed Cambodia had only won the first in a series of battles, in what could prove to be a protracted war over the return of looted art. “The kingdom has taken on the art market, an entire industry, and a powerful one at that,” Davis told The Diplomat. “Collectors, dealers, museums, auction houses, they have deep pockets and top lawyers on their side. But Cambodia has something even more important: the truth and the law. And that’s something no amount of money can buy.”

[...]

Davis, dubbed by some as ‘Indiana Jane,’ said the looting and trafficking of antiquities was a crime that would no longer be tolerated, “not by governments, not by law enforcement, and not by the leaders in the art world itself.” The thefts have also been seen as a symbol of Cambodia’s perennial problems, ranging from corruption to a culture of impunity among the country’s well-heeled and politically connected. Davis said Cambodia had given the art world a simple choice, “to do the right thing or not.” She said the Metropolitan Museum of Art in New York and Christie’s had stepped up and fulfilled their obligations, but others like the Cleveland Museum of Art and Sotheby’s have been more reluctant. “They are fighting with everything they have to stay in the past, a past where they could do whatever they wanted. They act like antiquated colonial relics, while their competitors have entered the 21st-century, and are thriving in it,” Davis said.

Sofia Cecchi: What was the initial spark that made you want to study the ethics of collecting and the trade in illicit antiquities? 

Professor Elia: While a grad student digging at Stobi (then Yugoslavia, now the Republic of Macedonia) in the late 1970s, my mentor, James R. Wiseman, showed me how looters were destroying archaeological sites in the search for marketable antiquities. Prof. Wiseman also created an innovative section of the new Journal of Field Archaeology, called “The Antiquities Market,” which featured articles about the topic. I also learned a lot from the writings of Oscar White Muscarella, who among other things destroyed the myth of the "reputable dealer" in the antiquities market. 

Sofia Cecchi: “Collectors are the real looters.” More than twenty years have passed since you made this memorable statement. Have any positive changes occurred in the past decade? 

Professor Elia: There is definitely more public awareness than ever about the problem of looting and the fact that collectors, both private and institutional, are driving the market by creating the demand for antiquities. Looters, of course, are the ones doing the looting, but they are operating in a supply-and-demand economic system that starts with the creation of demand for cultural objects. So collectors, whether they are private individuals or museums are, indeed, the real looters and in the last two decades there has been a huge growth in public awareness of this fact. This comes from several sources: increased media attention; more aggressive legal actions by source countries; and a depressing spate of armed conflicts in the world that have resulted in both destruction looting of archaeological sites.

Photo credit to Tess Davis (Facebook)

Three of Cambodia’s ancient sandstone warriors were welcomed back to their birthplace yesterday, greeted by lotus wreathes and a troupe of traditional dancers adorned in gold. The ceremony marked the end of a 40-year absence for the Duryodhana, Bhima and Balarama statues. The mammoth, 10th-century characters all belong to the same tableau of mythological Hindu figures once locked in battle at Prasat Chen, a remote jungle temple in Preah Vihear. Over the past year, Cambodia has regained five of the nine statues pillaged from the temple’s Eastern entrance, haphazardly hacked from their pedestals and sold on to international art markets during the Khmer Rouge era. “Surviving civil wars, looting, smuggling and travelling the world, these three have now regained their freedom and returned home,” Deputy Prime Minister Sok An said during yesterday’s repatriation ceremony.

With the help of the U.S. government and UNESCO,Cambodia first got the ball rolling in 2012 when it filed a suit against the New York-based auction house Sotheby's after the institution put a statue known as "The Duryodhana" -- valued at about $3 million -- up for sale. Earlier this year, with the case still ongoing, Sotheby's agreed to return the statue. The mighty "Duryodhana" was one of the impressive pieces unveiled at Tuesday's ceremony, alongside statues known as the Bhima and Balarama, returned by the Norton Simon Museum of California and Christie's auction house, respectively. While legal action was originally taken against Sotheby's in the case of the "Duryodhana," Christie's returned its statue voluntarily after discovering it was looted. The Norton Simon Museum did the same. 

Tess Davis, an affiliate researcher at the University of Glasgow who specializes in cultural heritage law, said Tuesday, "It's a very exciting day, not just for Cambodia, but for all countries that have been plundered." "Cambodia's on the right side of history here," she added. 

Anne Lemaistre, head of Cambodia's UNESCO office, called the statues' return "a big coup" for Cambodia and said that it might act as an incentive for other museums and private collectors to return looted antiquities. "Now let's see what Cleveland would say," Lemaistre said, referring to the museum’s recent denial that the Angkor statue in its possession was looted. 

Buddhist majority Cambodia, which has a rich cultural heritage influenced by Indian traditions and Hindu legends, is famed for its temples, and the intricate engravings of graceful traditional dancers and mythological characters adorning their walls. Representatives from Christie's and the Norton Simon who attended the ceremony said they were delighted to have been able to help Cambodia recover some of its valuable cultural heritage. "These statues... were callously hacked... and trafficked on the international art market," Jeff Daigle, deputy chief of mission for the U.S. Embassy in Cambodia, said in a speech, expressing the U.S.’s commitment to stopping the illegal arts trade. "We must not forget that the commercial trade in illicit art remains," he added.

NYTimes: Matisse's Odalisque

BMG - discussing faking of Matisse's 'Odalisque in Red Pants', all manner of issues with authentication once fake discovered #artcrime

The theft of the painting was first discovered in late 2002, when the Contemporary Art Museum of Caracas was contacted by a Miami gallery owner saying that someone had offered to sell it to him. Experts at the museum inspected the likeness and were shocked to find that it was a fake, and not a very good one, at that. Someone had removed the original painting from its frame and put the fake in its place, leaving it to be exhibited as if it were the real thing. And no one noticed. The fake painting appears to have been hanging in the museum for at least two years and perhaps longer. Marianela Balbi, a journalist who wrote a book about the theft, said that a photograph taken in September 2000 shows President Hugo Chávez standing in the museum in front of the fake Matisse. That is the earliest indication of the switch, she said. The next month the museum heard from a Matisse expert that someone was shopping the painting around, Ms. Balbi said. But it appears no one followed up, and the theft went undiscovered for an additional two years.