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August 15, 2018

Repatriation: The Case of the Stolen TEFAF Buddha

Screen Shot of ID Matching Buddha stolen 57 years ago.
Image Credit:  ARCA with permission from ASI Archives in India
In a tale that began as a follow up to a funding initiative, I was scheduled to be in the Netherlands this past March to meet with folks at Maastricht University who ARCA was collaborating with on an EU funded Horizon 2020 grant proposal designed to address the critical issues involved the illicit trafficking of antiquities (which, by the way, we were later not awarded).  "The European Fine Arts Fair," or more simply by its art market acronym, TEFAF.  Part of the impetus for meeting in the Netherlands was that I was already in Maastricht, as each year, since 1988, the city has played host to an annual art, antiques, and design fair at the MECC which is organized by The European Fine Art Foundation called

I was at TEFAF to keep an eye open for looted antiquities which might be on sale with fabricated provenances — artworks from the ancient past which have no legitimate pedigree as they have been looted directly from the ground.  Illicit antiquities like these have a propensity for eventually bubbling up into auction house and trade fair sales as their illicit excavation from archaeologically rich sites means that they will not appear in any for-fee stolen art database searches as there is no way to report a previously unknown object as missing.  Once a looted object gains a plausible fabricated provenance, it only takes a few purchases and a publication in one or two glossy exhibition catalogs, to give a looted object a superficial patina of legitimacy.

I was not expecting to find an object stolen from a museum as these types of thefts are routinely registered with police, as well as with art market theft databases.  Searching services, conducted by Art Loss Register, are also incorporated into the vetting of objects for sale at TEFAF in both their New York and Maastricht sales events and are designed to reduce or resolve art-related ownership disputes.

But on Thursday, 15 March 2018 around lunchtime, I pressed the send button on my smartphone application and passed a high resolution photo of a suspicious object I had seen at the stand of one of the international art dealers.  The photo sent was of a Post-Gupta, seated Buddha in the Bhumisparsha Mudra pose, a delicate bronze with his right hand as a pendant over the right knee and with the palm of his left hand facing upward.  The person I sent the photo to was Vijay Kumar, the cofounder of India Pride Project.  

IPP has been responsible for identifying countless Indian treasures stolen and smuggled overseas, some of which have been found in prestigious museums around the globe.  Less than 2 hours later, and with careful comparison with  images obtained through a retired ASI employee, Dr. Sachindra S Biswas, Kumar and I were fairly confident we had a match.  

Image Credit:  Left - ARCA Photo from TEFAF Maastricht 2018
Right - ISA Archive photo
The following morning, Friday, 16 March 2018 and after multiple cross checks, between the photos of the object I took and those of the ASI, I contacted Martin Finkelnberg, Head of the Art and Antiques Crime Unit of the Netherlands National Police Force, INTERPOL, UNESCO and the Indian authorities and presented everyone with the supporting evidence of our identification.   In our opinion, as well as the opinion of two external experts, we felt confident, to the best of our abilities, that the object for sale at TEFAF in March 2018 was an exact match to one of 14 objects stolen from the Nalanda Archaeological Museum of the Archaeological Survey of India (ASI) in Nalanda, Bihar, India on August 22, 1961.

Despite its theft, the stolen Buddha was pictured in Ulrich Von Schroeder's book "Into-Tibetan Bronzes," a book published in Hong Kong in 1981.  By that time the object had already been satisfactorily laundered into the licit market and was  listed as part of a private collection in London.  

Pages from Ulrich Von Schroeder's book "Into-Tibetan Bronzes,"
illustrating the stolen Buddha
Based on the preponderance of evidence we presented, the Dutch police force acted immediately and sent officers to pay a visit to the dealer's representative on site at TEFAF for the last day of the Dutch fair.  The manager of the stand reported to the Dutch police that the firm was holding the object for a consignor who resided outside of the Netherlands.  

Working cooperatively with law enforcement, the dealer agreed to be in touch with the Buddha's current owner as well as New Scotland Yard, London's Metropolitan Police upon their return to London where an investigation could be taken up by the UK authorities.  ARCA and India Pride Project, in turn, passed all the evidence we had obtained on to Detective Constable Sophie Hayes, of New Scotland Yard's Art and Antiques Unit. 

Once in London, Constable Hayes began her own necessary due diligence in order to ensure that our impressions were correct.  After reviewing the documentation we had provided to the London police, Hayes contacted France Desmarais of the International Council of Museums (ICOM).  

Desmarais arranged for a neutral external expert opinion on the Buddha currently held in the UK by the antiquities dealer for the consignor.  This evaluation was conducted for evidence of authenticity as well as in comparison to the evidence provided by ARCA and India Pride Project related to the theft in Nalanda, Bihar 57 years ago. 

ICOM's expert found the bronze in question to be authentic, and a match to one of the 14 objects stolen in 1961.

To understand how experts authenticate ancient art of this type it is important to understand that bronzes produced in the later medieval period (circa 12th century) in eastern India were made using the “lost wax” method.  This is a process where a wax model is made which can be used only once, as the wax melts away when the molten bronze is poured into the mould. For this reason, each bronze Buddha made using the lost wax method is unique, and while other Buddhas may have a similar appearances or poses, no two will be exactly alike as each object has to be made from its own individual wax mold. 

Completing this confirmation check took some time, as the number of post-Gupta era experts is limited and authentication is not something experts working in the museum community perform without careful consideration and thoughtful examination.  I'd like to personally thank both the anonymized expert and Ms. Desmarais for their time and expert assistance regarding the origins of this bronze. 

With ICOM's confirmation in hand, the Met's Art and Antiquities Squad worked to convince the current owner of the Buddha, who, along with the dealer had been cooperative throughout the investigation, to voluntarily relinquish the object back to its home country.   Today, it was handed over to Indian High Commissioner to the UK, YK Sinha during a ceremony this morning at the Gandhi Hall, India House, Aldwych in London, timed to coincide with India’s Independence Day.

Mr Rahul Nangare, First Secretary (Trade), High Commission of India,
and Dr Rajarajan, IPP volunteer
Imae credit:  IPP
Speaking with Vijay this morning hee stated "this is a great demonstration of inter governmental and activist groups and also the need for proper documentation. We hope this is just the beginning in finding closure to this case as we are still after the rest of the stolen artifacts. Hope the museums in America are looking at this with interest. "

While I, like Vijay am overjoyed that this stolen Buddha is finally going home, another similar to it, identified in February and stolen during the same theft, still sits at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California.  The question remains, if the US-based museum will be as forthcoming as this collector and UK dealer.  Both of whom did the right thing by cooperating during the investigation and eventually returning the stolen object back to India voluntarily.  

By:  Lynda Albertson

August 8, 2018

Sicilian judges reject appeal made by William Veres

Screenshot of William Veres from the documentary
“The Hunt for Transylvanian Gold
Judges from the Tribunale del Riesame di Caltanissetta, the court of first instance with general jurisdiction in criminal matters within the territory of Caltanissetta, Sicily, have rejected an appeal made through attorney, Davide Limoncello,  presented in relation to a European arrest warrant (EAW) issued for William Veres.  The London-based Hungarian antiquities dealer is one of 41 persons who have been named in Operation Demetra, an Italian-led illicit trafficking blitz carried out by law enforcement authorities in Italy, Germany, Spain, and the United Kingdom in July 2018.  

The appeal presented by Limoncello on behalf of Mr. Veres was made to address the personal and real precautionary measures requested by the Italian authorities in relation to his client, deemed necessary by the prosecutor in the context of the criminal proceedings related to the case. 

Veres was taken into custody on 4 July by officers from London's Metropolitan Police - Art and Antiques Unit at his home in Forge Close, Stanmore in north-west London.  Subsequent to his arrest, Veres was released on bail with supervised release conditions while he awaits the UK's ruling at London’s Westminster Magistrates’ Court as to whether or not he should be extradited to Italy to face the charges against him.

Extradition to Italy is regulated by law as well as by international conventions and agreements. In general, extradition, is this case between Britain and Italy, means that Italy has asked the UK to surrender Veres as a suspected criminal in order to stand trial for an alleged violation of the Italian law.  But before doing so, the antiquities dealer is entitled to an extradition hearing.

During that extradition hearing a UK judge will need to be satisfied that the conduct described in the European arrest warrant amounts to an extraditable offence in Great Britain.  This means, in almost all cases, that the alleged conduct of the suspect would also amount to a criminal offence were it to have occurred in the UK.  The UK courts would also have to evaluate whether or not  any of the UK's statutory bars to extradition apply. 

Most of the bars prohibiting extradition in the UK have to do with double jeopardy, the absence of a prosecution decision (whether the prosecution case against the accused is sufficiently advanced) or whether or not the request by the requesting foreign authority is improperly motivated.   The London judge will also decide if extradition would be disproportionate or incompatible with Veres'  human rights. 

Should the judge at the extradition hearing decide it would be both proportionate and compatible, Veres' extradition to Italy would subsequently be ordered.  Veres could then, if he so chose, ask the UK High Court for permission to appeal this decision, provided that request is made within seven days of the previous order.  

If the High Court grants an appeal, in that situation and later affirms the lower court's ruling that extradition is both proportionate and compatible, Veres would become subject to extradition within 10 days of the final court order (unless an agreement to extend, due to exceptional circumstances, is made with Italy).

By:  Lynda Albertson

August 7, 2018

August 3, 2018

Decision from the Greek Court on the Schinoussa and Psychiko seizure case

Antiquities and copies of antiquities from the 2006 Greek Seizures
In a court ruling coming in at the end of July, first reported by the blog of the Committee on the Illicit Trade in Cultural Material of the European Association of Archaeologists (EAA), the E (5th) 3 member Appeal Penal Court of Athens, Greece, hearing the case in first instance, has handed down their decision on members of the well-known shipping family Papadimitriou, originally accused on 22 November 2006 of illegally possessing and receiving illicit antiquities.

According to the contents of an email, apparently recieved by the State Legal Adviser's Office to the Ministry of Culture and Sports of the Hellenic Republic, relating the outcome of the 26 July 2018 hearing on the case (translated from the original Greek):

"The Court by majority found guilty Despina and Dimitri Papadimitriou for the act of embezzlement of monuments and convicted each one of them to suspended imprisonment of 4 years. It also ratified the seizure and ordered the confiscation of the seized items."
According to Greek Law No. 3028/02, “On the Protection of Antiquities and Cultural Heritage in General” (article 56), destruction, damage or alteration of a monument, as well as theft or embezzlement of monuments, (articles 53 and 54 respectively) are punishable acts in Greece.

The objects which led to this reported conviction were confiscated twelve years ago from the family's villa on the Aegean island of Schinoussa as well as at a second family residence in the suburb of Psychiko, in northern Athens.

The Saint Basil area of the Island of Schinoussa.
The private peninsula owned by the Papadimitriou/Michaelides family.
Image Credit:  ARCA 2018 Google Maps screen capture
The antiquities connected to these charges were held on that occasion in accordance with Greek Law 3028/2002 on the Protection of Antiquities and Cultural Heritage in General along with a significant number of photographic images, many of which represent additional antiquities, not recovered on the properties during the aforementioned Greek raids. The objects portrayed in the photos are related to the commercial transactions of antiquities dealers Christo Michaelides and Robin Symes who sold ancient art through Robin Symes Limited.

According to the book "The Medici Conspiracy" the 17 albums of photographic documentation seized, often referred to as the "Schinoussa archive" depict 995 artifacts in 2,191 photos.   The bulk of the images, shot by professional photographers.  The binders are said to be derived from the most important antiquities which are known to have passed through Symes and Michaelides' hands at some point during their business dealings from the 1980s through the 1990s.

While photographs from the Schinoussa archive do not, in and of themselves, prove that a specifically photographed antiquity is illicit in origin, the images photographed can raise disturbing questions about which middleman hands unprovenanced antiquities have passed through.  What we do know is that the Symes - Michaelides duo sold objects tied to other traffickers in completion of transactions to wealthy collectors and some of the most prestigious museums in the world.

An example of this is the recently repatriated calyx-krater mixing vessel attributed to Python, as painter which was returned to Italy. This object was purchased by Speed Art Museum through Robin Symes Limited, on the basis that the krater came from a private collector in Paris.  Instead the object was found to match photos from the Giacomo Medici archive, where the antiquity is depicted in an unrestored, and obviously looted, state.  This means the French provenance applied to the object and relayed to the museum was a fabrication.  It is for this reason, that objects represented in the Schinoussa archive and/or sold via Robin Symes Limited, in circulation within the world's thriving antiquities art market deserve careful scrutiny as they may represent antiquities derived from illegal sources.  

At the time of the Schinoussa and Psychiko villa searches, in April of 2006, the resulting haul of undocumented antiquities was considered to be the largest antiquities seizure by law enforcement in recent Greek history.  In total, some 152 undocumented ancient artworks were inventoried by investigating authorities.  Later, evaluations by two committees of experts were held in order  to determine which objects were authentic and therefore subject to seizure under existing Greek law.  The committee also looked at what might merely be fakes or reproductions.

Some of the notable objects identified on the Papadimitriou properties included two large Egyptian sphinxes made of pink granite, nine rare Coptic weavings from the fourth-to-sixth centuries C.E., multiple marble busts, Corinthian capitals, and Byzantine architectural elements.  There was even a fake statue that was once displayed at the Getty Museum.  One of the more unusual finds was the remains of an entire 17th century building which had been dismantled, perhaps to be reconstructed elsewhere at some later date.

Officers also found shipment boxes from Christie's auction house which included market transactions from 2001 through 2005.  Notably, many of the objects found during the executed search warrants were still wrapped, either having never been unwrapped, or perhaps having been rewrapped, awaiting transport elsewhere.

At the end of the committee evaluations a total 69 objects were confiscated by the authorities.  Their total estimated value:  a little more than €982,000 euros.


The largest find during the raid in Schinoussa.
A modern construction chapel dedicated to Saint Basil made up of architectural elements originating from other Byzantine temples. Photo Credit: C. Tsirogiannis
Those who follow illicit trafficking will already be familiar with the name of deceased antiquities dealer Christo Michaelides, who, prior to his death was the former partner of Robin Symes. Michaelidis lived with Symes from the 1970s until his death on 5 July 1999 as a result of a fatal fall which occurred during a dinner party in a villa in Terni, Italy hosted by the now famous American antiquities collectors, Leon Levy and Shelby White.

Michaelides descended from a Greek shipping family, run by his father, Alexander Votsi Michaelides.  His sister is Despina Papadimitriou, is one of the four original defendants charged by Greek prosecutor Eleni Raikou seven months after the Schinoussa and Psychiko seizures.  The other individuals named in this case are Despina's three adult children, Dimitri, Alexis, and Angeliki, though it appears that the court has ruled negatively on solely Despina and Dimitri.

According to the Greek indictment, the defendants unlawfully appropriated 
"ancient monuments, cultural goods dating back to prehistoric, ancient, Byzantine and post-Byzantine times until 1830." 
(Greek «ιδιοποιήθηκαν παράνομα αρχαία μνημεία, πολιτιστικά αγαθά που ανάγονται στους προϊστορικούς, αρχαίους, βυζαντινούς και μεταβυζαντινούς χρόνους έως και το 1830»)

And as stated in the hearing that referred them to the audience of the Triennial Court of Appeal of Athens: 
"There is an aim of income generation and a constant propensity to commit the crime, which is directed against the State, the embezzlement of monuments as an element of their personality."(Greek «Προκύπτει σκοπός για πορισμό εισοδήματος και σταθερή ροπή προς τη διάπραξη του εγκλήματος, που στρέφεται κατά του Δημοσίου, της υπεξαίρεσης μνημείων ως στοιχείο της προσωπικότητάς τους».)
During the proceedings the defendants disputed Greece's charges arguing that the seized property was owned by their husband/father, Alexander Michaelides, or by their brother/uncle, Christo Michaelides.  Prior to his death, Christo Michaelides spent a significant amount of time on the family estate in Schinoussa, socializing with individuals known to purchase ancient art, some with fabricated provenances, including Marion True, the former Curator of Antiquities at the J.Paul Getty Museum.

 Former Getty Curator Marion True, with
Christo Michaelides, in Greece, 1998
Image Credit:  The Medici Conspiracy


This statement is perplexing given her brother's longterm ties to his partner, Robin Symes, and the pair's business dealings with well-publicised dealers of ancient art who were already known to be involved in the handling and selling of tainted illicit antiquities.

As this court decision moves forward to the second judicial phase it is interesting to note that London lawyers on behalf of all four members of the Papadimitriou family named in this court case have sent a lengthy letter, written one day after the Court's decision, to one of the Greek state's witnesses who testified on behalf of the government during their trial. The contents of this four-page letter, written to Cambridge-based forensic archaeologist Christos Tsirogiannis, might be interpreted as witness intimidation. 

The letter, written by attorney's representing the Papadimitriou family, including its sharply worded final sentence,  can be read in its entirety in the EAA blog of the Committee on the Illicit Trade in Cultural Material.

Commentary regarding the allegations made in the text of this letter to Tsirogiannis can be found on the blog of antiquities trafficking researcher Dr. Samuel Hardy here.


By:  Lynda Albertson





August 1, 2018

Sad Conclusion: The case is von Saher v Norton Simon Museum of Art at Pasadena et al, 9th U.S. Circuit Court of Appeals, No. 16-58308.

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 that has lasted more than ten years has now come to a close.  A three-judge panel of the United States Court of Appeals for the Ninth Circuit in a unanimous decision, has ruled in favour of the museum and not 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 protracted judicial process, Saher, had sought the return of the two 500-year-old biblical-themed paintings, which at one point had been 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. 

Goudstikker inventory of property

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 as well as the Cranachs.  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 departing 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, including these two 6-1/4 foot (1.9 meters) tall Cranach panels. Göring went on to send more than 800 paintings to Germany, some of which were hung in his private collection at Karinhall, his country estate near Berlin.

On Monday, July 30, 2018, the 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 applied “the act of state doctrine,” validated the 1966 sale of the paintings by the Dutch government, which by then owned them, to George Stroganoff-Scherbatoff who in turn sold them to the Norton Simon in 1971.

“The act of state doctrine,” limits the ability of U.S. courts, in certain instances, from determining the legality of the acts of a sovereign state within that sovereign's own territory and is often applied in appropriations disputes which immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.

The judges held that in order for von Saher’s claim to have been upheld, the  court would have been required to invalidate the official acts of the Dutch government. Specifically, the Dutch government’s conveyance of the paintings to Stroganoff-Scherbatoff would have needed to have been deemed legally inoperative.  Additionally the panel would have needed to disregard both the Dutch government’s 1999 decision not to restore von Saher’s rights to the paintings, and its later statement that her claim to the paintings had “been settled.”

To view the Judges' opinion entirety, please download the file from the ARCA website here.

By:  Lynda Albertson

July 29, 2018

41 suspects now named in the antiquities blitz "Operation Demetra" carried out in Italy, Germany, Spain, and the UK


As the transnational crime investigation Operation Demetra proceeds into the alleged trafficking of archaeological finds, Italian news reports have begun publishing the names of the 41 individuals currently listed in the ongoing investigation.  Some of these individuals have been given precautionary pretrial measures including pretrial incarceration, house arrest or electronic monitoring.  The remainder are at large pending the conclusion of the investigation.


The individuals alleged to be involved live in 19 cities in Italy, as well as in Ehingen, Germany, Barcelona, Spain, and Stanmore (London) in the United Kingdom. 

A breakdown of the cities is as follows:

Resident of Adrano, Italy
Salvatore Leanza, 55

Resident of Albiano d'Ivrea, Italy
Walter Angelo Rezza, 70

Resident of Belpasso, Italy
Palmino Pietro Signorello, 66

Residents of Campobello di Licata, Italy
Francesco Giorano, 71
Luigi Giuseppe Grisafi, 64
Ignazio Urbano La Mendola, 79

Residents of Canicattì, Italy
Anna Maria Omero, 74
Mauro Ettore Zanchi, 56

Residents of Centuripe, Italy
Franco Benardelli, 82
Francesco Saccone, (also known as "Ciccio") 80

Residents of Collegno, Italy
Valter Bertaggia, 70

Resident of Favara, Italy
Calogero Stagno, (also known as "Lillo"), 51

Residents of Gela, Italy
Giuseppe Cassarà, 58
Simone Di Simone, (also known as "Ucca aperta"), 46
Orazio Pellegrino, (also known as "nacagliacani"), 54

Resident of Licata, Italy
Salvatore Curella, 66

Resident of Mazzarino, Italy
Giovanni Stuppia, 39

Resident of Mazzè, Italy
Alfredo Crepaldi, 61
Salvatore Pappalardo, 55

Resident of Palma di Montechiaro, Italy
Domenico Dario Cutaia, 43

Residents of Paternò, Italy
Santo Gulisano, 58
Alfredo Antonino Pennisi, 57a
Luigi Signorello, 34

Residents of Ravanusa, Italy
Matteo Bello, 53
Calogero Ninotta, (also known as "Lilli"), 39
Gaetano Romano, (also known as "Mimmo"), 58
Bernardo Tresca, 67

Residents of Riesi, Italy
Angelo Chiantia, (also known as "Faccia pulita") 59  
Daniele Correnti, 55
Onofrio La Leggia, (also known as "Ciuffettino") 59
Francesco Lucerna, (also known as "U zu Ginu") 76
Gaetano Luciano Oliveri, 57
Gaetano Patermo, (also known as "Tano"), 63
Filippo Vecchio, 51

Residents of Refrancore, Italy
Renzo Maggiora, 79

Resident of Strongoli, Italy
Luigi La Croce, 62

Residents of Torino, Italy
Giovanni Lucerna, 49
Maria Debora Lucerna, 55

Resident in Ehingen, Germany
Rocco Mondello, 61

Resident in Barcelona, Spain
Andrea Palma, 36,

Resident in Stanmore (London), UK
William Veres, (also known as “il professore"), 64

July 25, 2018

New York Supreme Court judge orders plundered bas-relief from the city of Persepolis must be returned to Iran

A New York Supreme Court judge has ordered the plundered bas-relief from the city of Persepolis, which dates from the 5th Century B.C.E., must be returned to Iran as the country from which authorities say it was stolen more than 80 years ago.  

In February 2014 ARCA wrote about a sandstone bas-relief panel then-titled, "Head of a Guard" stolen in September 2011 from the Montreal Museum of Fine Arts (MMFA) and found 2000 miles away in Edmonton.  The Persian Achaemenid relief from Persepolis was one of the museum's only pieces representative of Persian art of the Achaemenid period (2nd half 6th century BCE to 330 BCE) and had been part of the museum's permanent collection for decades. 

It was discovered thanks to a collaborative criminal investigation by the Sûreté du Québec and the Royal Canadian Mounted Police, in collaboration with a Loss Adjuster from the insurance firm AXA Art.

Shortly after its recovery, and with the MMFA unable, or uninterested, in buying the piece back from its insurer, the Persepolis relief was sold.   AXA Art sold the relief to  London antiquities dealer Rupert Wace, owner of Rupert Wace Ancient Art and the object entered the commercial art market.

Rare and highly valuable on the ancient art market, the relief's debut was highlighted in an article by Royal Academy of Art's Charles Saumarez Smith and Sam Phillips titled What to see at Frieze 2016.   In that article, the pair picked out some of their favourite artwork on sale at the London fairs and this image of an ancient fellow was one of them.

The article opened with a high-resolution image of the Assyrian relief and went on to say that the antiquity was located at the booth of Sam Fogg near the show's entrance.  It mentioned the relief as being museum quality and that it was once part of the Montreal Museum of Art collection but made no mention of its theft in Canada or why the Museum did not buy back the object at the time it was recovered.  A further article in The Guardian stated that the piece was for sale for £2.2 million. 

But then the little soldier didn't sell.

The Park Avenue Armory. Image Credit: Wikimedia Commons.
Later, on October 27, 2017, law enforcement authorities confiscated the antiquity from Rupert Wace's own stand at the Park Avenue Armory during the first hours of The European Fine Art Fair (TEFAF) in New York.  The seizure was done under orders from the New York district attorney’s office on the basis that it had been unlawfully transported out of its country of origin.

Court records indicate that archeologists from the Oriental Institute of the University of Chicago had documented that the same bearded, eight-inch-square, relief of a Persian imperial guard could be seen in old photographs adorning the Persepolis ruins in Iran as late as the year 1936.  Given that the Iranian government had criminalised the export of such antiquities in 1930, the New York authorities seized the antiquity as evidence in a possession of stolen property investigation.

Antiquities dealer Rupert Wace argued that the relief had been donated to the Quebec National Museum by Canadian department store heir and collector Frederick Cleveland Morgan sometime between 1950 and 1951 and had been openly exhibited at the museum without any requests from Iran up until the date it was stolen in 2011.

Image Credit:  Courtesy of the
Oriental Institute of the University of Chicago
But on Monday, July 23, 2018 a New York Supreme Court judge sided with Iran and ordered that the eight-inch-by-eight-inch work be returned to its country of origin on the basis that a thief cannot pass on good title on stolen goods.

As can be seen by this artworks presence in both the London and later New York sale venues, insurance claims can get complicated when it comes to magnificent art works once donated without fabricated, little, or no provenance to museums.  Especially when it comes to objects donated during time periods when stricter standards of due diligence may not have been satisfactorily applied.  This is especially true when high-value, high-portability and rapidly appreciating works of art are stolen and subsequently recovered years later. 

Updated:  26 May 2018

To view New York's very very interesting Application for Turnover and its details on the transactions and due diligence of both AXA and the dealer purchaser in determining this object's legitimacy in the market, please see here. 

To view New York's Final Turnover Order please see here. 

By Lynda Albertson

July 24, 2018

Request for Return: A marble head of Alexander the Great as Helios, the Sun God

Image Credit: Safani Gallery TEFAF Maastricht advertisement

On Monday, 23 July 2018 Matthew Bogdanos, Senior Trial Counsel in the Office of New York County District through Attorney Cyrus R. Vance Jr., submitted an Application for Turnover in support of an order pursuant to N.Y. Penal Law §450.10 (Consol. 2017) and N.Y. Criminal Procedure Law §690.55 (Consol. 2017) authorising the transfer of a circa-1st-century CE marble head of Alexander the Great as Helios, the Sun God, seized pursuant to a previously executed search warrant, from the custody of the court, to the custody of Italy.

Under order of the Supreme Court of the State of New York, County of New York, the antiquity had been seized at Safani Gallery on February 22, 2018 and was taken into evidence as part of a state investigation seeking to demonstrate the crime of Criminal Possession of Stolen Property in the Second Degree.  This seizure was based on suspicions that the object had been stolen and at some point illegally exported from the country of origin in contravention of Italy’s cultural heritage law (No 364/1909).

Since February 22nd the object had been retained as evidence by the New York authorities pending confirmation of a formal request from Italy formally requesting intervention and while the legal case advanced through the New York legal system.

In terms of its history, court documents set out that the head was discovered during excavations of the Basilica Aemilia, located on the Via Sacra.  This is the ancient road between the Capitoline Hill and the Colosseum located within the Roman Forum in Rome. While little remains of the Basilica Aemilia today, it was considered by Rome historian Pliny the Elder to be one of the three most beautiful elements of the Roman Forum, this alongside the Forum of Augustus and the Temple of Peace. 

Looking across the remains of the Basilica Aemilia
towards the Severan Arch,
the Tabularium, and the Modern Senate House
Image Credit: B. Dolan
The head was discovered at some point during Italian research excavations carried out by Drs. Professors Giacomo Boni and later by Professor Alfonso Bartoli which were carried  out on the Palatine Hill between 1899 and 1939.  Documentation from the excavations suggest that the head belongs to one of the “Statues of Parthian Barbarians” which once adorned the Basilica.

After 20 BCE Roman art often portrayed the people of the Empire and during its restoration in 14 BCE, Augustus chose to line the Basilica with a series of Parthian figurines, perhaps in humiliation of Rome's ancient foreign enemy.  Representing individuals from the Parthian Empire (also known as the Arsacid Empire), these likenesses depicted the conquered Parthians as representatives of the Orbis Alter, subjects of Rome not considered to be part of the “civilised” world.  Stylistically, they differ from representations we have from the same period of people from the Orbis Romanus. 

According to court documents, the Italian Soprintendenza alle Antichità Palatino e Foro Romano began keeping archival photographic documentation of the objects discovered during the lengthy excavation starting in 1908.  Based on these records, the head of Alexander the Great, seized from the New York gallery, is believed to have been discovered during the second phase of excavations.  These began after 1909. This dating is derived as the Italian authorities have no written, descriptive entries or photographic archival documentation of any marble head finds from the Roman forum of the Barbarian statues prior to 1909.   It was also not until September 1909 that Dr. Professor Bartoli's team began their explorations in the zone of the Basilica Aemilia.  As a result of this and other evidence described in the Court's Application for Turnover it seems most likely that the marble head was likely found sometime around 1910.

Bear in mind 1909 is a critical date as it is this year that Italy's Code of the Cultural and Landscape Heritage (No 364/1909) was made into law.  According to this law, there is a presumption of the State's ownership for all archaeological objects discovered after 1909, unless the cultural Ministry acknowledges that the object does not have a cultural interest, something it would never do for objects located in the Roman Forum.

Italy's archival records from the Forum excavation document an image of the head of Alexander, taken after it was excavated, resting separately on a table at the Museo Forense cloister as well as other photos where the ovject is pictured with additional finds.  While the date of the actual theft of this head and another second missing object, which was also stolen, is undetermined the incident is believed to have occurred sometime before 1959.

What we can define with certainty, on the basis of the dating of the archival photograph, along with the excavation records of the start date of the Basilica site excavation, and documentation of the dates the Museo Forense cloister would have been available to be used as a evidentiary photographic venue, is that this object indisputably originated from Italy.  Predicated on the foregoing evidence, it can be proven that the marble head of Alexander was removed from Italian territory after the 1909 law was enacted.

It is on this basis that the object has been defined as stolen property by the State of New York, as its removal from the custody of the Italian authorities was in contravention of the 1909 Italian law.  Also, according to New York law, a thief can never acquire good title.  It should be noted that the removal of the head of Alexander from the Republic of Italy without an export license from the Italian governmental authorities authorising its removal from the territory is also a further violation of Italian law.

Interestingly though, like many stolen works of art illicitly obtained, antiquities remain fairly easy to launder, being sold over and over again through a lack of adequate due diligence in some of the finest, legitimate marketplaces and to and through some of the richest collectors in the world.  In this instance, the Alexander head has sold in the United States and in the United Kingdom on multiple occasions.

But where was the object bought and sold? 

While the documentation of this object's collection history is spartan, we know that on 22 November 1974 the head of Alexander sold for a mere $650, having been consigned by the Hagop Kevorkian fund to Sotheby Parke Bernet. Sotheby’s Auction House acquired Parke Bernet Galleries in 1964 and adopted the name Sotheby Parke Bernet throughout the 1970s.  Today, that auction house is known simply as Sotheby’s.  The buyer at the time was listed only as "Altertum Ltd."

Sometime after that date the object was then purportedly purchased by Professor Oikonomides who indicated to others that he purchased the object while vacationing in Cairo, Egypt sometime between 1984 and 1986.  The object was then bequeathed to Dr. Miller by Oikonomides when he passed away in 1988.

Sotheby's Website Screen Capture
taken 24 July 2018
On 08 December 2011 the object sold at Sotheby's for a second time during Sotheby’s Egyptian, Classical and Western Asiatic Antiquities sale .

At the time of this auction, the purported provenance for the object was listed as:

Hagop Kevorkian (1872-1962), New York, most likely acquired prior to World War II
The Hagop Kevorkian Fund (Sotheby Parke Bernet, New York, November 22nd, 1974, no. 317, illus.)
A.N. Oikonomides, Chicago

But with very little in the way of documentation to confirm this narrative.

The object ultimately sold to an unidentified buyer for $92,500 USD.

In May 2017, the head of Alexander surfaced across the Atlantic.  This time the ancient marble head went up for sale in the United Kingdom, having once been in the possession of former Qatari culture minister and cousin of the current ruler of the oil-rich Arab country, Sheikh Saud bin Mohammed Ali Al-Thani.  Before his death in 2014 Sheikh Saud Al-Thani was believed to have been the world's richest art collector.

Through Classical Galleries Limited, UK the Sheikh’s foundation sold the head of Alexander on to Alan Safani of Safani Gallery for $152,625 on June 20, 2017.

Object Identified

Safani Gallery Booth - TEFAF 2018
Image Credit: L. Albertson
By an amazing bit of serendipity, on 19 February 2018 Dr. Patrizia Fortini, Director and Coordinator of the Archaeological Site of the Roman Forum and Palatine Hill chanced upon an advertisement which featured a photo of the stolen head in a publication for the upcoming 2018 Fine Arts Expo known as TEFAF.  In the dealer's documentation, a photograph of the head had been included highlighting Safani Gallery's offerings for the upcoming Maastricht sale due to be held in the Netherlands, March 10-18, 2018.

The photo in the advertisement and the old archival documentation photo of the head in the Museo Forense’s cloister were one and the same object and as a result, Italy moved forward in requesting the object's seizure.

Statute of Limitations and Clear Title

Under New York law, barring the expiration of the statute of limitations or application of the laches doctrine, one cannot obtain title from a thief unless the present-day possessor's title can be traced to someone with whom the original owner voluntarily entrusted the art.  As clear title is not possible in the case of Italy's marble head of Alexander, it will be up to Safani and his counsel to see if they will base their case on the laches defense or voluntarily relinquish the object.  What is clear is that the plaintiff, in this case Italy, has not unreasonably delayed in initiating their action.

The purpose of the doctrine of laches is to safeguard the interests of good faith purchasers, in this case of lost/stolen art, by weighing in the balance of competing interest, the owner's diligence in pursuing their claim.   

While delay in pursuing a claim for the head could be considered in the context of laches under New York law given that the theft occurred at an unknown time so many years ago, it has long been the law of this state that a property owner, having discovered the location of its lost property, cannot unreasonably delay in making their demand upon the person in possession of that property.  As Italy acted quickly as soon as the ID was confirmed, this course of legal action doesn't seem to be a viable route for retaining the objet in question.

To view the New York Application for Turnover in its entirety, please see here.
To view the New York February 22, 2018 Seizure Order, please see here.

By:  Lynda Albertson

July 23, 2018

The Riddle of the Isabella Stewart Gardner Museum Heist is being made into a Podcast


81 Minutes. 13 Works of Art. $10 million reward. 

These three figures have plagued the art world since the night of March 18, 1990 when Boston’s Isabella Stewart Gardner Museum was ransacked by two men posing as police officers. 

The world’s greatest unsolved art heist remains the focus of Last Seen*, a new podcast presented by WBUR and The Boston Globe. The 10-part investigative podcast will premiere on September 17, hosted by WBUR senior producer Kelly Horan and reporter Jack Rodolico, with major contributions from Stephen Kurkjian, a Pulitzer Prize-winning former Globe reporter and editor and author of the 2015 book “Master Thieves: The Boston Gangsters Who Pulled Off the World’s Greatest Art Heist.” The team will rely on “first-ever interviews, unprecedented access and over a year of investigative reporting.”

Released on the heels of Empty Frames, another podcast examining the Gardner Heist, the most recent trailer for the program queries “How can you find the truth?” “As the hosts venture to Philadelphia, Florida, Ireland, and Italy to examine various suspects and scenarios,” we have the chance to sift through all of the evidence available to the public. 

Will we ever find the truth? Or, after 28 years and despite the offer of a $10 million reward, are the Gardner frames destined to remain empty?

By:  Aubrey Catrone, Provenance Researcher

*To subscribe to the podcast on Apple: 
https://itunes.apple.com/us/podcast/id1413228088



July 22, 2018

Organised crime, museum theft and bank robbery


On Wednesday the Berlin public prosecutor's office and the state criminal police provisionally seized 77 properties, including apartments, houses and land belonging to members of the "Lebanese" Kurdish extended family "Remmo" worth an estimated 9.3 million euros.  These seizures were based on evidence that the properties was likely purchased with proceeds from crime using new rules under the German Criminal Code (StGB) and Criminal Procedural Order (StPO) enacted 1 July 2017.  Modelled after Italy's own organised crime laws on property seizure,  where the state may order the seizure of property that a person of interest is able to dispose of when the value of the property is disproportionate to the person’s declared income or economic activity, Germany's new law regulates the recovery of criminal proceeds and serves to effectively confiscate illegal proceeds from offenders or third beneficiaries who can be tied to proceeds from criminal transactions.  

This is the same organised crime family, one of the grandfamilies of Lebanese-Kurdish descent, who immigrated to Germany during Lebanon's 1975-1990 civil war, and who were written about previously on this blog in relation to their involvement in the eye-popping March 2017 theft of a 100-kilogram gold coin stolen from the Münzkabinett (coin cabinet) at the Bode Museum in Berlin.

One year ago, in July of 2017 police arrested three members of this Mhallamiye kurdish family, Abdul, Ahmed, and Wissam Remmo, each on suspicion of involvement in the museum theft along with a fourth suspect, an employee of the Bode museum who held a subcontracting job as a supervisor.  The Big Maple Leaf coin, made of 99.999 percent pure gold, was (once) the largest coin ever to have been minted.  Unfortunately, the object has never been recovered and likely has been melted down and its proceeds used by other criminal accomplices.

Authorities began looking more closely into the transactions of the Remmo clan in 2014, when members of the clan were tied to involvement in a spectacularly violent bank heist in the outskirts of Berlin.  During that robbery heavily armed gunmen with sub-machine guns rounded up and threatened bank employees and cleaning staff before making off with €8 million in valuables from the suburban bank's safety deposit boxes.  Using DNA found at the crime scene, Toufic Remmo, 33, was convicted and sentenced to eight years in prison for his role in the offence.  

During the current investigation, financial investigators of the State Criminal Police Office searched 13 locations in Berlin and Brandenburg tied to 16 members of the Remmo clan allegedly believed to have ties to proceeds from ongoing criminal activity. According to state officials members of the clan have been involved in drug-dealing, extortion, theft and robberies to acquire income-earning real estate for the family group. 

According to the Berlin police, 14 of the 68 major investigations into organised crime in the city in 2017 involved members of ethnic family crime groups like the Remmos which are difficult to penetrate given the closed familial structures of the clans.

By:  Lynda Albertson