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March 4, 2018

Art Crime Book Review: Plundering Beauty: A History of Art Crime during War

 Book Title: Plundering Beauty: A History of Art Crime during War
Author: Arthur Tompkins

Publisher: Lund Humphries, March 2018
Book Reviewer: Penelope Jackson

The cover says it all.  A lone American soldier is dwarfed by the surrounding stash of bundles, that look suspiciously like paintings, in a church at the Weissenburg-Guzenhausen Residence at Ellingen, Germany, in 1945. The juxtaposition of the church’s lavish interior - used as storage for plundered art - with the soldier is a poignant reminder of the scale of wartime seizures and the enormity of a problem that is as old as art itself and continues to the present day.  This image is on the cover of Arthur Tompkins’ Plundering Beauty: A History of Art Crime during War, an epic read about the victims of war, art and cultural heritage.

Many readers will personally know, or know of Arthur Tompkins, for his scholarship about art crime during war.  For several years Tompkins has taught at home (New Zealand) and abroad through the ARCA postgraduate program in art crime and cultural heritage protection (Italy) on this topic and his latest book brings together years of research, thought, and analysis about the art crimes committed during war. 

Plundering Beauty is a long journey of crimes waged on art.  Beginning with exploring the nuances of why art crimes are committed during war, Tompkins embarks on a journey beginning 2000 years ago in Rome.  Bit by bit, he un-packages this history of atrocities inflicted on art, both individual pieces as well as collections.  Significant (and now famous because of their chequered past) artworks have always been pawns in much bigger context of war booty and in Plundering Beauty we are presented case after case as evidence of this.  

Plundering Beauty’s catalogue of art crimes continues through to the present day, and not surprisingly, demonstrates the failure of humankind to learn from earlier histories.  We are familiar with the crimes committed in present-day Syria and Iraq, and Tompkins’ book is a brutal reminder of these as he provides us with a much wider and broader context, and specific art and cultural object crimes.  

Plundering Beauty does not pretend to be a complete history of art crimes committed during war (I couldn’t help but think while reading this new narrative about all the art crimes committed during war that we do not know about, or have an inkling of but do not know the details of).  What Tompkins does provide us with is a cross-section of case studies over time.  Wherever there is an art history there is a history of art crime and more often than not, crimes that are bound up in war.  Tompkins provides an alternative art history that for so long was ignored by writers.  

I get the sense that Tompkins has his clear favourites, and why shouldn’t he?  He is passionate about his subject matter and it shows.  The Four Horses of the Basilica of St Mark and Veronese’s The Wedding at Cana are up there.  It is not always about the actual artwork being discussed but rather the back-stories and layers of unravelling necessary to try and see reasons for such crimes.  Discussed in detail, yet in a very readable manner, Tompkins’ attention to detail and leaving no stone unturned is in part due to his day job – a judge.  And as the reader you feel satisfied with how he presents each case.  

A reminder though, is that this a book about crime, and as always with crime, not all cases are solved.  For example, Raphael’s Portrait of a Young Man sadly remains at large.  Other artworks are re-discovered or have closure many years after the original crime.  Gustav Klimt’s Portrait of Adele Bloch-Bauer is a case in point.  The work, seized by the Nazis during World War II was eventually reunited with the owner’s heirs in 2006 after what Tompkins describes as a tortuous legal battle fought in both Austria and the United States.

The narrative is chronological making it easier to align with world history and art history, as written in the Western tradition.  Plundering Beauty also reveals the unfair nature of art crimes during war.  Take Johannes Vermeer for instance.  He only painted approximately 35 works total during his entire working career and yet three feature in this book.  Perhaps this is because they’re stunning works, much adored and highly desirable.  It could be that they are small and therefore easy to plunder.  Tompkins inspires his reader to ruminate on such matters, meaning the book’s contents stay with you long after you’ve finished reading it.  

Illustrated with 52 colour images, Plundering Beauty is well presented.  Tompkins, with his usual vigour (he’s also an endurance athlete) and rigour, has produced a book that is both a scholarly volume and is very accessible for those uninitiated about art crime.  Collectively, wartime art crimes are colossal, seen in the evidence set out clearly in Plundering Beauty.  As Tompkins eloquently notes in his introduction:

The stories of the crimes committed against art during war, the saving and return of art after long and unforeseen journeys, and the villains and the heroes of those episodes, are the stories that Plundering Beauty tells. (p.13)

The irony in the title’s principal words, Plundering Beauty, is very purposeful; that humankind has victimised their most precious objects in a variety of ways for centuries, and continue to do so, should be a universal lesson going forward. Underpinning most publications about art crime in recent years are strategies around curbing art crimes, present and future.  Tompkins joins this tradition when he laments in his final sentence in relation to Iraq and Syria,

But sadly the raging assault on the world’s art and cultural heritage during war continues. (p.168)

March 2, 2018

Repatriations - a 17th century Italianate landscape and a first century CE marble sculpture depicting Aphrodite

Two months into the new year brings with it two significant repatriations for objects stolen in Italy and illegally transferred for sale on foreign art markets.  Both artworks, an oil painting and a marble statue, were discovered during auction sales, despite having been stolen in Italy. 

This week a 17th century Italianate landscape, attributed to either Giovanni Paolo Pannini (1691-1765) or Andrea Locatelli (1695-1741), has made its way home to Italy.  

Donated in 1892 by the Italian noble Torlonia family, the oil painting was stolen on January 1, 1994.  In November 2017 the artwork was identified by the Italian authorities when it came up for sale at a London auction house. Its starting bid: 40.000 GBP.

At some point the painting appears to have passed through the hands of the Roman branch of the London auction house, before being transferred to London for sale.  Under Italy’s Cultural Heritage Code any artwork created more than fifty years ago (i.e. before 1947 in this case) by a deceased artist requires an export licence in order to be exported.  No information has been released by the Italian authorities as to if the consigner provided the auction house with such a document and if so, if that document was valid or fabricated.  

After this week's press conference, the painting will be returned to the Ministry of Cultural Heritage and Activities and Tourism and reintegrated into the collection of the Galleria Nazionale d'Arte Antica where it will go on display at either the the Palazzo Barberini or the Palazzo Corsini. 


One month earlier, on January 30, 2018 the Carabinieri reported that a first century CE marble sculpture depicting the torso of the goddess Aphrodite had also been repatriated to Italy.  This marble statue, with an estimated value of €300.000 had been stolen in 2011 from the University of Foggia and was identified by Italy's Comando Carabinieri per la Tutela del Patrimonio Culturale for sale in Munich Germany in 2013. 

In the scope of a lengthy investigation, Italian and German authorities identified identified an organized smuggling ring, operating between Italy and Germany, where looted antiquities plundarded from Italy passed from the hands of a looter, through a  middleman, who carried out the deliveries abroad, on to the individual in Germany who sold objects to collectors interested in antiquities in Germany. 

In 2016, when those involved in this trafficking operation were taken into custody, more than 2,500 objects were seized which had not yet made their way to Germany.   The statue of Aphrodite, was returned to Italy via international letters rogatory and with cooperation from the German authorities as well as the Public Prosecutor's Office of Rome. 


Museum Theft: Pinacoteca Comunale di Faenza - Faenza, Italy

Vestibule, Maestro of Faenza Sec. XIII
Crucifixion and descent into limbo
panel painting, 35x28 cm.  + frame 15 cm., N. inv. 98
Image Credit: Pinacoteca Comunale di Faenza
Discovered missing on Thursday morning, March 01, 2018, a small panel painting, dating back to the 1200s attributed to the Maestro of Faenza has been reported stolen from the Pinacoteca Comunale di Faenza.

The oldest Museum in Faenza, established in 1797, when the municipality purchased Giuseppe Zauli's art collection, the Pinacoteca's core collection centers on paintings and sculptures from the 13th to the 18th century. The stolen panel painting, attributed to the Maestro of Faenza, depicts two scenes, the crucifixion of Christ on the top portion of the panel and his descent into limbo on the bottom.  The framed panel had been on public display in the Hall of the Vestibule, where it was hung to the left of the Crocefisso del Maestro Francescano in Gallery 6. 

According to a televised report given by Claudio Casadio, the director of the Pinacoteca, the theft was discovered during a morning walkthrough by personnel on Monday who discovered the empty frame and backboard mounting discarded in the gallery where the artwork had been hung.  


Given the panel painting's small size, the artwork may have been hidden under  the thief's winter clothing at some point during museum opening hours though the date of the theft itself still unclear. 


This is the third theft of sacred art in Italy to have occured in a one week period.  All three thefts have occured in the region of Emilia-Romagna. 

During an early morning religious service at the Chiesa del Suffragio in Rimini a thief or thieves stole the crown and veil of a Madonna, Our Lady of Sorrows,  a statue dating back to the 1700s from the Church’s main nave.  The theft apparently occurred while mass was taking place in a smaller adjoining side chapel. 

An almost identical theft took also was carried out at the Cathedral of Cervia,  in the province of Ravenna, where the crown adorning a statue of Our Lady of Fire also disappeared.

Two of these thefts, the one in Faenza and Cervia both occurred in the province of Ravenna.  The third theft in Rimini occured in a coastal town in the same region (Emilia-Romagna). 

Director Claudio Casadio, the director of the Pinacoteca Comunale di Faenza believes the theft from his museum gallery is indisputably a theft to order, given the object is well documented in public records and would be unsellable on the licit art market. If his assumption is correct, and coupled with these other two thefts, the string of the events seem to illustrate an interesting organizational structure to a coordinated series of thefts, likely committed to sustain the black market for religious art.

The theft is being investigated by the Carabinieri. 

February 23, 2018

Recovered: "Les Choristes" by Edgar Degas

Image Credit:  INTERPOL Works of Art Database
Stolen from the Musée Cantini in Marseille, France, on Thursday, December 31, 2009, a pastel by 19th century Impressionist painter, Edgar Degas titled "Les Choristes" (also referred to as Les Figurants) has been recovered. 

At the time of the theft, investigators found no apparent signs of a break-in and reported that the 27cm by 32cm pastel had simply been unfastened from the wall where it was being displayed while on loan from the Musée d’Orsay in Paris for an exhibition showcasing twenty works by the famous artist. 

Hidden in the luggage compartment of a bus in Seine-et-Marne, the artwork was recovered by agents of the Marne-la-Vallée customs brigade on February 16, 2018 during a routine customs check in the area of ​​Ferrieres which borders the A4 motorway. No passengers on board the bus have admitted to placing it there.

 checked a bus stationed on the Ferrières-en-Brie motorway in Seine-et-Marne.
Even as the art work was still undergoing authentication, the official account of the French Customs Info Customs Service felt confident they have a match.

In a public announcement issued today, Françoise Nyssen, the French Minister of Culture, informed the public that the recovered Degas pastel "Les Choristes"  will be given a special place in the future exhibition Degas at the Opera scheduled at the Musée d'Orsay from September 23, 2019 through January 19, 2020.



February 22, 2018

US Supreme Court ruling on the Persepolis fortification texts.

Image Credit:  the Persepolis
Fortification Archive Project
University of Chicago
Bringing an end to a lawsuit brought two decades ago, the United States Supreme Court has ruled 8 to 0 that the University of Chicago’s Oriental Institute will retain the Persepolis Fortification Archive on loan from Iran since 1936.  The highest Federal court in the United States, with powers of judicial review, ruled that the objects in dispute cannot be seized to satisfy a $71.5 million court judgment against the government of Iran as compensation for a 1997 shopping mall bombing carried out by Hamas in Israel, which killed five people and wounded nearly 200. 

In 1933 the University of Chicago's Oriental Institute discovered the Persepolis Fortification tablets during excavations.   The ancient objects which make up the archive are believed to be the richest, most consequential source of information about public life religion, art, society and languages dating from the Achaemenid Persian Empire. Given their significance, they have been studied by professors and scholars continuously since their discovery.

The Supreme Court judges based their ruling on a determination of what types of assets are immune from seizure under the Foreign Sovereign Immunities Act of 1976.  Under the FSIA a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, limitations are established as to whether a foreign sovereign nation (or its political subdivisions, agencies, or instrumentalities) may be sued in U.S. courts—federal or state.

Their ruling can be found here.

For more information on the archive please see the blog by the Persepolis Fortification Archive project based at the Oriental Institute of the University of Chicago here

February 15, 2018

An appeal that could have a strong legal significance on Holocaust-era claims in the United States

The protracted multi-million dollar lawsuit regarding the 480-year-old paintings of Adam and Eve by Lucas Cranach the Elder at the Norton Simon Museum has lasted more than ten years.  The lawsuit against the museum, began with a quest undertaken by Marei von Saher, the sole surviving heir of the Dutch-Jewish art dealer Jacques Goudstikker, who has long sought to recover her father in law’s artworks, looted during the Second World War.   Throughout this lengthy process, Saher, has sought the return of two 500-year-old biblical-themed paintings, appraised at $24 million.  

Jacques Goudstikker was once considered to be the preeminent dealer of Old Master paintings in Amsterdam and is estimated to have amassed an extraordinary collection of some 1400 works of art of the course of his professional career.  When Germany began its assault on Holland on May 10, 1940, Goudstikker knew that his family's time was up. As Rotterdam burned and the Nazi invasion under Reichsmarschall Göring gained speed, Goudstikker, his young wife Désirée von Halban Kurtz, and their infant son Edo boarded the SS Bodegraven, a ship docked at the port city of IJmuiden, departing for England and then on its way to the Americas. 


Unable to transport his collection with him, Goudstikker carried a neatly typed inventory of his property in a black leather notebook.  This notebook detailed artworks by important Dutch and Flemish artists like Jan Mostaert and Jan Steen, as well as works by Peter Paul Rubens, Giotto, Pasqualino Veneziano, Titian, Rembrandt, Vincent van Gogh and many others.  Unfortunately, in a further tragic twist of fate, Goudstikker lost his life on his journey to safety, breaking his neck in an accidental fall through an uncovered hatch just two days into the ship's voyage.

In less than a week after the German Luftwaffe of the Third Reich crossed into Dutch airspace, Dutch commanding general General Henry G. Winkelman surrendered and the country fell under German occupation.   As a result, Amsterdam came under a civilian administration overseen by the Reichskommissariat Niederlande, which was dominated by the Schutzstaffel.  

Goudstikker's collection was quickly liquidated in a forced sale typical of many World War II -era art thefts.  Nazi Reichsmarschall Hermann Göring himself cherry picked many of the choicest art works, sending more than 800 paintings to Germany.   Some of which were hung in Göring's private collection at Karinhall, his country estate near Berlin.

On Wednesday, February 14, 2018, a three-judge panel with the United States Court of Appeals for the Ninth Circuit, which is the U.S. Federal court with appellate jurisdiction over the district courts in Alaska, Arizona and the Central District of California heard oral arguments from Von Saher’s attorney, Lawrence Kaye from Herrick Feinstein on the return of the paintings from the Norton Simon Museum.  

In his presentation, Kaye disagreed with U.S. District Court Judge John F. Walter's earlier ruling that the Norton Simon Museum is the rightful owner of the paintings on the basis that the Dutch government couldn't assert ownership of artwork it received through external restitution.  In his oral statements he asserted that:


Whatever decision the Appellate court makes in this case will have broad legal ramifications for how forced sale restitution cases are heard in the US Courts.  When the arguments conclude, the judges' panel will either uphold the ruling of the lower court in favor of the Norton Simon Museum,  reverse the earlier decision in favor of von Saher, or send the case back down to the lower court for trial. 

By:  Lynda Albertson

January 31, 2018

The Manhattan District Attorney's office has removed an ancient wall fresco fragment from the residence of Michael Steinhardt

Image Credit:  Manhattan District Attorney's Office, New York
The Manhattan District Attorney's office has confirmed that they have taken custody of a second object from the New York City residence of Michael Steinhardt located during their earlier January 24, 2018 warrant execution.

The seizure warrant for the removal of these both objects states that the described property constitutes evidence, and tends to demonstrate, that the crime of Criminal Possession of Stolen Property in First Degree – NY Penal Law 165.54 was committed, e.g. the possession of stolen or illicitly trafficked antiquities.

Those convicted of Criminal Possession of Stolen Property in First Degree face a mandatory minimum sentence of one to three years and a maximum sentence of up to eight and one third to twenty five years in state prison.

The second object seized on January 24th is a Roman frescoed panel of a mythological scene, believed to date to the first century CE.  Depicted at the top of this article, the fresco fragment illustrates the infant Hercules on the left, strangling a snake which has been sent by Hera to bring about his death.  Jove, the god of the sky and thunder, and king of the gods in Ancient Roman mythology, is depicted in the centre of the panel in the form of an eagle alight on top of a globe.  To their right is Amphitryon.

According to the New York warrant, the fresco fragment, likely a wall painting, is believed to have been purchased by Steinhardt in 1996 for approximately $600,000 USD.

A person is found guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the value of the stolen property exceeds $1,000,000. 

If charges are filed against Steinhardt under the New York Penal Law 165.54  this offense would be classified as a “B” non violent felony. Probation and community service are not options.

A copy of the public domain record for the January 24, 2018 Search Warrant at Michael Steinhardt's apartment filed with New York County relating to this case can be found in the case review file on ARCA's website here. 

ICOM releases its newest Red List for the country of Yemen in New York today


For decades, ICOM – the International Council of Museums has continued its fight against illicit traffic in cultural goods with the publication of its Red Lists of endangered cultural assets.  These lists, which are extremely effective reference tools, illustrate endangered categories of archaeological objects and works of art from specific geographic regions that have a greater potential for being traded illegally.

Produced as a handy-sized, illustrated poster, each Red List help customs authorities, law enforcement agencies, auction houses, museums, dealers and other parties of the importance identify the general types of archaeological, ethnographic, religious and historic objects likely to be looted from cultural sites, stolen from museums and religious institutions, and subject to illicit trafficking.

To date ICOM has created 17 Red Lists for:

Afghanistan (2007), Africa (2000), Cambodia (2009), Central America and Mexico (2010), China (2010), Colombia (2010), the Dominican Republic (2013), Egypt (2011), Haiti (2010), Iraq (2003, updated in 2015), Latin America (2003), Libya (2015), Peru (2007), Syria (2013), West Africa (2016) and as of today, Yemen (2018). 

According to France Desmarais, the creator of the Yemen Red List, "Seven of these Red Lists were classified as "Emergency" Red Lists because they concern countries whose movable heritage had suddenly been placed at risk, either due to a natural disaster (as in the case of the earthquake in Haiti in 2010) or armed conflict (Iraq, Egypt, Syria, Libya, Mali and Yemen)."

The Lists are available in English, French, the language(s) of the source country, and as interest requires, languages in countries with a potential for being transit points for illicit trafficking. 

The Emergency Red List of Cultural Objects at Risk – Yemen will be officially presented at the Metropolitan Museum in New York today at 5:00 p.m. The event will take place in the presence of museum and heritage professionals, government and law enforcement representatives and members of the press. 

ICOM President Suay Aksoy and Director of Programmes and Partnerships France Desmarais, who developed the Yemen Red List, will officially represent the organisation on this occasion and will introduce the Red List to the Permanent Representative of the Republic of Yemen to the United Nations H.E. Ambassador Khaled Hussein Alyemany as well as to other attendees. Daniel H. Weiss, President and Chief Executive Officer of The Metropolitan Museum will speak on behalf of the Met’s continued support of ICOM’s mission promote awareness on the categories of objects most at risk of being illicitly trafficked.

The Emergency Red List of Cultural Objects at Risk – Yemen is one of several Red Lists which have been produced and distributed by ICOM with the support of the United States Cultural Heritage Center.  On hand for the event representing the US Government will be Jennifer Zimdahl Galt, Principal Deputy Assistant Secretary for the Bureau of Educational and Cultural Affairs.

Produced with the scientific contribution of international experts and museums from Yemen, the United States, France, Italy, the United Kingdom, and Germany, ICOM's new Yemen Red List identifies categories of Yemeni objects which may be in high demand on the art and antiquities market and which are vulnerable to being looted, stolen or illegally exported, especially given the unrest caused by the ongoing conflict. 

Doing the Right Thing

If you are a collector ARCA strongly encourages you to pay close attention to the provenance and legal documentation of any objects you purchase from  Yemen,  paying special attention to the types of objects which appear on ICOM's Yemen Red List

January 29, 2018

Museum Theft: Route 66 Museum vandalized and the importance of CCTV Footage


After causing approximately $30,000 in damages at the Route 66 museum, local sheriff's deputies were able to take a suspect into custody, 25 year old, Roy Fonder, thanks to the use of surveillance CCTV video footage which allowed law enforcement to identify the vandal who entered the museum.  

During the burglary, which lasted a brief ten minutes, the suspect smashed glass cabinets, overturned and destroyed displays, and stole vintage historical items, as well as gift shop clothing. 


Booked into the West Valley Detention Center, also known as the San Bernardino County Jail in Rancho Cucamonga, the day after the break-in, Fonder was caught wearing a tell-tale Route 66 T-shirt when he was stopped by deputies for questioning.   His bail has been set at $200,000.

According to the museum's Facebook page, the mission of the Museum is to "preserve and increase both local and international interest in “The Mother Road” Route 66 and all aspects of history and heritage related to the road."

The small museum contains historic photographs and maps, automotive memorabilia, model cars and regional dioramas, including one which was heavily damaged commemorating Hulaville, a Government Recognized Folk Art Site in the Victor Valley area of the Mojave Desert.

The museum has launched a very modest $5,000 GoFundMe.com campaign to help them pay the insurance deductible and to cover the repairs not covered by their insurance policy.  

January 27, 2018

ARCA- HARP - Provenance Research Training Course in Italy

Exhibition in the library of the Collecting Point, summer 1947
© Zentralinstitut für Kunstgeschichte
The Association for Research into Crimes against Art (ARCA) and the US-based Holocaust Art Restitution Project, [Inc.] (HARP), a not-for-profit group based in Washington, DC, dedicated to the identification and restitution of looted artworks, have teamed up to offer a unique short course in Amelia, Italy, this summer. This thematic course “Provenance and the challenges of recovering looted assets” will address cultural plunder, undoubtedly one of the thorniest issues facing the art world today.

Course Dates: June 20- 26, 2018  

Open to applicants interested in the restitution/repatriation of looted cultural objects and their trafficking, this 5-day course will provide participants with exposure to the research and ethical considerations of modern-day art restitution. As an added bonus students accepted to the course are automatically registered to attend ARCA’s Amelia Conference, June 22-24, 2018 a weekend-long forum for intellectual and professional exchange which explores the indispensable role of research, detection, crime prevention and criminal justice responses in combating all forms of art crime and the illicit trafficking in cultural property. 

“Provenance and the challenges of recovering looted assets”  will be taught by Marc Masurovsky, the co-founder of the Holocaust Art Restitution Project and guest lecturers.  Mr Masurovsky is a historian, researcher, and advocate, specializing in the financial and economic underpinnings of the Holocaust and the Second World War. 

Born and raised in Paris, France, Mr. Masurovsky holds a B.A. in Communications and Critical Cultural Studies from Antioch College and an M.A. in Modern European History from American University in Washington, DC, for which his thesis was on “Operation Safehaven.” He worked at the Office of Special Investigations of the US Department of Justice researching Byelorussian war criminals, locating primary source documents, and interviewing war crimes suspects in North America and Western Europe. As a result of his early work on the transfers of looted assets from the Third Reich to the safety (safehaven) of neutral and Allied nations, Marc Masurovsky advised the Senate Banking Committee in the mid-1990s on the involvement of Swiss banks in the Holocaust, then lent his expertise to plaintiffs’ counsels suing Swiss banks on behalf of Holocaust survivors. 

Since 1997, Marc Masurovsky has focused his attention on the fate of objects of art looted by the Nazis and their Fascist allies. He has also played a major role in the January 1998 seizure of Egon Schiele’s “Portrait of Wally” and “Night City III” at the Museum of Modern Art of New York and was a director of research for the Clinton-era Presidential Advisory Commission on Holocaust Assets in the United States (PCHA). 

Since 2004, Marc Masurovsky has overseen the creation, development and expansion of a fully-searchable, public online database of art objects looted in German-occupied France that transited through the Jeu de Paume in Paris from 1940 to 1944. Marc Masurovsky is co-author of Le Festin du Reich: le pillage de la France, 1940-1944 (2006), and is working on a book on cultural plunder during the Nazi era and its impact on the international art market. 

For more information on the course and how to apply, please see the announcement linked above.