Blog Subscription via Follow.it

November 20, 2018

How long does it take to achieve restitution of a looted antiquity? In some cases 25 years or more.


PURCHASED           ACQ NUMBER          DESCRIPTION
29 February 1992          292.AA.10                  Statue of Zeus Enthroned

On October 27, 2018 a first century BCE, marble statue of Zeus, seated on his throne, finally moved to its permanent home, the Archaeological Museum of the Phlegrean Fields in the Castello Aragonese di Baia.  

Like its own lost version of Atlantis, the Campi Flegrei, as the area is known to Italians, is a large, highly active volcanic region, nestled in the northern portion of the Gulf of Naples.  Declared a regional park in 2003, and lying mostly underwater, the archaeological site of Baia, named aptly for its thermal waters, guards treasures from Rome's ancient past, some of which have been transferred to the Archaeological Museum for land lovers to see and appreciate.

A site of profound and priceless beauty, the submerged archaeological park preserves an astounding collection of Roman statues, frozen in liquid time. along with ancient villas, public baths, private grottos and even entire city streets. All of which serve as testimony to the charm of the now submerged city where many of Rome's elite and influential patricians once spent their time relaxing. 

But back to the statue of Zeus and its purchase

Guided by its then antiquities curator, Dr. Marion True, the J. Paul Getty Museum in Los Angeles purchased the 75-cm-high "Zeus Enthroned" from Lawrence and Barbara Fleischman in 1992.  The Fleischman's in turn had purchased the statue of the Greek god five years earlier in 1987 from British antiquities dealer Robin Symes

Prominent philanthropists of the Metropolitan and other noteworthy American museums, True met the Fleischmans in the late eighties.  At the time, the couple were actively being courted by museums who hoped to purchase all or parts of their substantial personal collection of Greek, Roman and Etruscan antiquities.  As wealthy collectors, they couple had purchased antiquities from both Robin Symes and Giacomo Medici, art dealers readers of this blog should be familiar with.

But the Fleischman's relationship with True mixed business with pleasure and the Getty curator was known to have visited the couple in their East Side New York duplex, which was filled with classical art purchased through these now-disgraced antiquities dealers.  By 1996, True's relationship with the philanthropists was such that Lawrence Fleischman provided a loan towards True's vacation home on the Greek island of Paros.  Conveniently, the loan was arranged days after the Fleischmans finalized their acquisition agreement with the Getty Museum.  In total the museum purchased more than three hundred objects from the couple's collection.  Valued at sixty million dollars, the Getty paid the Fleischmans twenty million and the philanthropists made a tax-deductible donation worth another 40 million, to conclude the deal.

In 2005, Italian Public Prosecutor Paolo Giorgio Ferri brought formal criminal charges against True. The gist of the Italian claims were that the curator  “conspired with Hecht and Medici to supply the Getty with artifacts that had been illegally unearthed and exported from Italy, and that she used the Fleischmans’ collection to ‘launder’ antiquities, giving them a clean bill of provenience before bringing them to the museum”. As the Italian court case got into full swing, True resigned over the Paros home loan and shortly after, in 2006, Barbara Fleischman resigned as a trustee of the Getty Trust.

Over the years numerous Fleischman antiquities, tied to illlicit trafficking have been returned to Italy and coupled with the fact that the enthroned Zeus statue had no documentation of licit export, it became the work of the Italian authorities to prove where the object had come from and to tie the object's origins to Italian territory in order to make a viable claim for its restitution. 

According to a recently published book by Stefano Alessandrini, "Italian cultural diplomacy for the return of assets in exile," the statue's return to Italy in the summer of 2017 was thanks to a combined effort; the joint work of historic researchers, illicit trafficking investigators, judicial magistrates and cultural diplomacy advisors with Italy's cultural ministry.  

Alessandrini states that the request for restitution of a cultural property illicitly removed from the patrimony of a State doesn't constitute a hostile act towards the State to which the work is requested. In fact, Italy seeks to enforce not just the law concerning property, but the right of culture, regulated by numerous international conventions.


Zeus and his relationship with the Phlegrean Fields

Image Credit:
The J. Paul Getty Museum Journal
Volume 21, 1993
Italian researchers believed that the marble Zeus was once part of a collection of cult statues, likely displayed in a lararium, a sacred space designed to hold the images of guardian deities, believed in ancient times, to be the protectors of a villa and the family residing in it. 

From its overall condition, scholars were able to deduce that the object had likely spent a large portion of its lifetime, partially submerged on the seabed, laying on its side, as only half of the object seemed to have been marred by marine encrustations.

But to prove to the J. Paul Getty Museum that their Zeus came from Baia took a bit of random luck.

In December 2012 Italy's Guardia di Finanza stumbled upon a mable fragment from a clandestine excavation during an investigation in Bacoli (Naples).  In examining the piece, hoping to determine its original context, the Italians began to consider whether or not the piece of marble might have once been attached to the corner of the arm of the throne upon which Zeus was resting his laurels. Using open source photos, from the Getty Museum's own website, researchers were able to superimpose their looter fragment onto the edge of the photographed chair.

The result proved to be a compatible match. 

To solidify their visual hypothesis, scientific verification tests were performed in California on 6 March 2014 which determined that the marine encrustations present on the Italian fragment matched those also adhering to the Getty's statue in California. 

Image Credit:
ARCA Screenshot 
Getty Website
accessed 20 November 2018. 
From that point, it took another three years of cultural diplomacy before an agreement for restitution could be solidified between the Italian state and the US museum.  On June 13, 2017 Getty Museum Director Timothy Potts is quoted in the Los Angeles Times as saying:

"The fragment gave every indication that it was a part of the sculpture we had...It came from the general region of Naples, so it meant this object had come from there."

As a result of museum to State negotiations, the J. Paul Getty Museum formally turned over the Zeus statue to the Italian Consul General for Los Angeles, Antonio Verde, on 14 June 2017 in a restitution ceremony at the Getty Center in Los Angeles.

25 years and sometimes longer

Not long ago, the world's museum directors spent their days and careers primarily focused on the custodianship of their institution's art objects.  But to truly attone for the sins of the father, todays directors need to become more proactive global citizens and accept their global (and ethical) responsibilities for the errors of their predecessors.  

While museum and museum associations are becoming more aware of the importance of object provenance, to step up to the plate, their management must become more politically engaged, globally connected and skilled in the arts of arbitration and mediation as it applies to suspect objects like this one. Equally importantly, they must also stop the foot dragging when it comes to acknowledging and correcting the errors of past acquisition judgement, as an entrenched means of delaying the inevitable.

Image Credit: ANSA
Given the known problems with the numerous objects in the Getty collection which were accessioned through the Fleischman acquisition, the tug and pull for ownership of the Zeus statue, eventually settled through mutual (and lengthy) negotiation, should not have taken years to hammer out.

But if you want to see Zeus the next time you are in the Bay of Naples area, to celebrate this one success, he'll be waiting for you, on display at the castle, as part of the exhibition "The visible, the invisible and the sea".   His trip home was a long and complicated one, but at least he is not hurling lightening bolts for how long it took.


By:  Lynda Albertson

November 18, 2018

Recovered? Anonymous tip may have lead to Picasso's "Tete d'Arlequin" stolen from the Kunsthal in Rotterdam in 2012.


On October 16, 2012 Dutch police confirmed that seven paintings had been stolen, shortly after 3 a.m. local time, from the Kunsthal museum in Rotterdam.  The paintings which were taken, Pablo Picasso's Tete d'Arlequin, Henri Matisse's La Liseuse en Blanc et Jaune and Waterloo Bridge, London,  Claude Monet's Charing Cross, London, Paul Gauguin's Femme Devant une Fenêtre Ouverte, dite La Fiancée, Jacob Meyer de Haan's Autoportrait, and Lucian Freud's Woman with Eyes Closed were estimated to be worth millions.  

The stolen art works were part of the museum's Avant Guard Exhibition, which highlighted material on loan from the private Triton Foundation collection. Built over twenty years, by Rotterdam oil and shipping magnate Willem Cordia and his wife Marijke van der Laan, the exhibition, was set to run from 7 October 2012 until 20 January 2013, and was the first time any artwork from the Triton Collection had been exhibited publicly. 

The Triton body of artworks is made up of approximately 250 paintings, drawings and pieces of sculpture belonging to art movements from 1870 through 1970.  The collection includes works by many by the most influential 19th and 20th century artists in the tradition of Impressionism, Expressionism, and Analytical Cubism.  At the time of the theft, the collection was reputed to be one of the 200 most important private collections in the world.  

Shortly after the theft, and as the law enforcement investigation progressed, formal charges were brought against a group of suspects of Romanian origin.   Charges against Radu Dogaru, the ringleader who was found to have orchestrated the heist, his mother, Olga, Eugen Darie and Adrian Procop were all eventually brought.  Around the globe, their trials were closely watched in the hopes that the defendants might shed some light during their testimony on whether or not the seven paintings and drawings remained safe.  Early in the investigation Mr. Dogaru’s mother claimed to have torched the artworks, in order to dispose of the evidence which could be used against her son.

Despite recanting her statement later, experts from Romania's Muzeul Naţional de Istorie a României (National History Museum of Romania - MNIR) provided testimony that seemingly validated Olga Dogaru's grim confession.  Ash and remains analyzed from a stove in her home in the village of Carcaliu in eastern Romania included nails from frames used before the end of the 19th century.  Yet, as pointed out by Maria Vasii, one of the attorney's for the defendants, the only painting with canvas tacks was the one by Lucian Freud.  As that artwork was completed in the year 2000, the nails would not have been made of copper and could not possibly have come from a 19th or 20th century production. Vasii also pointed out that the other paintings which were stolen were canvas glued onto cardboard and had no nails whatsoever. 

Despite the questions remaining as to what had actually become of the stolen artworks, Radu Dogaru and Eugen Darie, pled guilty for their roles in the theft on October 22, 2013. As a result of their confessions, the Third District Court of Romania sentenced Dogaru to 6 years and Eugen Darie to 5 years and 4 months (following sentencing appeals) for their involvement in the crime and for membership in a criminal organisation. 

Alexandru Mihai Bitu also received a sentence - two years for handling stolen goods. Adrian Procop, arrested in Manchester, England and extradited to Bucharest, was sentenced to prison for four years and 10 months for the formation of an organized criminal group and to four years and eight months for theft. Some of his prison time was reduced as the punishments were slated to run concurrently.  

Petre Condrat, involved in trying to find a buyer for the Matisse and the Gauguin, was fined 45,000 Romanian lei, the equivalent of approximately €9642. Dogaru's mother, Olga, was sentenced to two years in prison, convicted of aiding criminal behavior.

Interestingly, during Radu Dogaru's trial he gave a deposition that contradicted his mother's earlier confession to burning the paintings and told the court that his mother made false statements about incinerating the art works under pressure by interrogators. It was believed at the time that Radu may have been motivated by the hope that, along with her recanted testimony, his testimony might help his mother avoid a prison sentence.  

Now, six years later, an anonymous letter has been received by a Dutch writer of Romanian origin, Mira Feticu, the contents of which reportedly stated where one of the seven stolen works of art might be found.

But has the stolen Picasso really been spared the fiery furnace? 

Painted the year before the artist's death, Picasso's Head of a Harlequin (1971) is an art work done in pen and brush in black ink, colored pencil and pastel on thick brown wove paper.  It measures 38 x 29 cm and is "signed and dated in the lower right corner "Picasso/12.1./71". It was purchased by the Triton Foundation in 2009.

Image Credit: Facebook user Mira Feticu
Mira Feticu has told reporters that the letter was sent to her at her Hague address because she wrote a book in 2015 about the Kunsthal theft which was also translated into Romanian.  Following the indications spelled out in a few short sentences of Romanian, Feticu and Frank Westerman have stated that they used the letter to guide them to Tulcea County, Romania.  There, they report they were able to identify the spot underneath a tree where the writer of the letter had indicated the missing Picasso could be found. 

Clearing away snow and leaves, the pair told law enforcement that they found the fragile artwork wrapped in plastic.   Photographing it in the car, they then turned the artwork over to the Dutch Embassy in Bucharest. Westerman has since posted video footage of law enforcement authorities examining the work of art on his Facebook page. 

Image Credit: Facebook user Mira Feticu
For now, a team of DIICOT prosecutors and police officers of the Criminal Investigation Directorate - IGPR will conduct a follow up investigation.  To determine if the drawing is authentic, or part of an elaborate hoax, it has been sent to the National Museum of Art of Romania located in the Royal Palace Bucharest.  There art historians will work to assist in determining or negating the artwork's authenticity.  

Insured against losses, in September 2013 the Triton Foundation received a $24 million payout for the theft of their seven artworks from their insurance underwriter, Lloyd's of London.  In doing so, the foundation has relinquished the titles to each of the seven stolen works of art, should any of them ever be recovered.  This means, if this "Picasso" is authenticated, (and that's a pretty big if), the insurance firm would be the rightful owner.

Me, I have my doubts.  


Straightening the image presented by Feticu taken in the car, and then comparing it side by side with the original stolen artwork I see numerous points of difference in addition to many color variations. A few of these I have redlined.  I am not an authenticator, nor am I an expert on Picasso's work, or the degradation of paper drawings over time, but to me, it doesn't seem to be the original, as much as it would make me happy if it were.

UPDATE:

Theater makers Yves Degryse and Bart Baele have admitted that the found "Picasso" in Romania is a hoax, part of a publicity stunt for their performance True Copy, which premiered last week. 

By:  Lynda Albertson

October 30, 2018

Recoverable or Not? The sale of the Assyrian gypsum relief of a winged Genius, reign of Ashurnasirpal II, circa 883-859 BCE


In March 2015, the Iraqi government formally announced that the Islamic State of Iraq and the Levant, ISIL had purposefully destroyed much of the Northwest Palace of King Ashurnasirpal II as part of their iconoclastic program of obliterating preislamic cultural heritage monuments in their original archaeological contexts.  But despite the worldwide outrage at the time of this tragedy, most of the general public had already forgotten about the losses faced by the Iraqi people by the time the Virginia Theological Seminary publicly announced, on April 13, 2018, that it would be selling one of their own objects from Nimrud.  On that date, the trustees announced that for various reasons, they had decided to sell their own seven-foot carved gypsum alabaster panel from the now-destroyed palace, a relief known as "The Bearded Winged Apukalu." It's auction is set to occur at Christie’s Antiquities Sale in New York on the 31st of October.

Image Credit:  ARCA 
Until very recently, the press hardly noticed the upcoming sale.  This despite the fact that art historian Kiersten Neumann drew attention to the upcoming event via Twitter on May 22, 2018.   The auction of this rare piece of history was also of much talk by Assyriologists and museum professionals around the world.
From ARCA's calculations there are at least 76 known public collections and 6 private collections which contain material culture from the Northwest Palace of King Ashurnasirpal II.  

The last Assyrian relief to appear on the legitimate ancient art market sold to Noriyoshi Horiuchi after a bidding war between the Japanese antiquities dealer and an Italian phone bidder in 1994.  At that time, the relief sold for an eye-popping 7.7 million British pounds, a price 10 times what the auctioneers at Christie's had estimated. 

The Horiuchi-purchased bas-relief, like the one at the VTS, was excavated in the mid-19th century in what is now Iraq by British archeologist Sir Austen Henry Layard.  It was then given over to Sir John Guest, then owner of Canford Manor, who helped to pay for bringing the finds from Nimrud back to Britain.  That piece of the palace is now on display at the Miho Museum in Kyoto, Japan.

The public however only seems to have taken notice in the VTS relief months after the Seminary made its announcement and only after the high dollar estimate the object is likely to bring started arousing interest in the major news outlets.

Like with the relief purchased by Horiuchi, the VTS relief was also excavated sometime around 1845 by Sir Austen Henry Layard.   Layard in turn is reported to have sold the object to Dr. Henri Byron Haskell, a medical missionary who worked in the 1850's in Mosul.  Haskell was interested in objects from the palace as proof of biblical history, for Nimrud is known as the ancient site of Calah and is mentioned in Genesis 10:11.  Haskell in turn, passed them on to his friend Joseph Packard, then professor and later Dean at Virginia Theological Seminary and the relief was shipped to the United States where it has been housed at the Virginia Theological Seminary since 1860.

Screen Capture: Facebook
Iraqi State Board of Antiquities and Heritage 
Despite being part of the VTS collection for more than 150 years, a recent call for help and appeal from the State Board for Antiquities and Heritage has been made by Dr. Qais Hussein Rashid, Deputy Minister of Culture, Tourism and Antiquities and President of the State Board of Antiquities and Heritage asking for law enforcement intervention asking for help in stopping the sale.  Unfortunately, the evidence is quite strong that the relief was legally excavated and exported in the nineteenth century, which makes preventing the sale highly unlikely.

The three Assyrian reliefs are purported to have reached America in 1859 where their transfer to the Virginia Theological Seminary appears to have been well established.  Packard, citing Rev. J. S. Lindsay, writes that the three slabs, were so valuable that the Smithsonian Institution, on failing to purchase them, had plaster casts made of them (Packard, citing Rev. J.S. Lindsay, 1902, 305).  The relief is also documented in other academic articles including the 1976 article by Ross, J.F. "The Assyrian reliefs at Virginia Seminary", part of the Virginia Seminary Journal 28(1) pages 4-10.

The strength of the Iraqi's claim for the restitution of its heritage in this instance would likely hinge on the applicability of New York penal law, i.e. that a thief can never acquire good title.  To do so, the courts would have to prove that the Virginia Theological Seminary, was is possession of stolen property.  If that were to be the case, the New York District Attorney's office could then seize the property as evidence and then move to release the stolen property under PL §450.10(2)'s mandate that "unless extended by a court order...property shall be released...after satisfactory proof of such person's entitlement of the possession thereof." But this might be difficult, if not impossible for the Iraqi authorities to substantiate.

Despite the somewhat contentious nature of Layard’s early explorations at Nimrud, which were at first clandestine, the intervention of the British government, to gain official support for the archaeologist's excavations from the Ottoman Turkish authorities is well documented.

On 5 May 1846, the Grand Vizier of the Turkish Empire sent a letter to the Pasha of Mosul, based upon the intercession of Stratford Canning, the Viscount Stratford, who partially funded Lanyard’s explorations.  A diplomat who represented Great Britain at the Ottoman court for almost 20 years, Canning spent most of his career as ambassador in Constantinople and was influential in exerting a strong influence on Turkish policy in support of the sultan’s resistance to Russia’s attempts to increase its influence over Ottoman affairs which eventually would lead to the outbreak of the Crimean War.  Through Canning's assistance,  the Brits were able to obtain permission for Layard's excavation.

The vizier's letter reads as follows: 

There are, as your Excellency knows, in the vicinity of Mosul quantities of stones and ancient remains. An English gentleman has come to these parts to look for such stones, and has found on the banks of the Tigris, in certain uninhabited places, ancient stones on which there are pictures and inscriptions. The British Ambassador has asked that no obstacles shall be put in the way of the above-mentioned gentleman taking the stones which may be useful to him, including those which he may discover by excavations … nor of his embarking them for transport to England.

The sincere friendship which firmly exists between the two governments makes it desirable that such demands be accepted. Therefore no obstacle should be put in the way of his taking the stones which … are present in desert places, and are not being utilised, or of his undertaking excavations in uninhabited places where this can be done without inconvenience to anyone; or of his taking such stones as he may wish amongst those which he has been able to discover.

--H.W.F. Saggs, The Might That Was Assyria, Sidgwick and Jackson , 1984, page 305.

In order to succeed in stopping the sale in New York, Iraq as a claimant would have to first prove that they have standing to bring such a cultural claim in a US court.  If the VTS has documentation proving that Layard passed their relief on to Dr. Henri Byron Haskell with the permission of the authorities in power at that time, as the provenance in the auction seems to indicate, the seminary would likely be in the clear to move forward with tomorrow's auction. 

Unfortunately this means that unless Iraq has the liquidity to buy back its own cultural patrimony, or is able to find a generous benefactor willing to purchase the ancient relief on their behalf, this reminder of the lost Northwest Palace of King Ashurnasirpal II will unfortunately go to the highest bidder.

Update: 31 October 2018
The Assyrian gypsum relief of a winged Genius, reign of Ashurnasirpal II, sold for a USD $27,250,000 hammer price which equates to $35,903,875 including the buyer’s premium to an in-the-room buyer at Christie's New York: Paddle 811.

By:  Lynda Albertson

October 29, 2018

Recovered: 26 years after its theft "San Carlo Borromeo in Contemplation"

Image Credit: https://www.ilcittadino.it

In a ceremony held at the San Pietro Apostolo in Cavenago d'Adda, Italy, parishioners celebrate the return of the 17th century painting "San Carlo Borromeo in Contemplation" by early Baroque artist Daniele Crespi.   Stolen twenty-six years ago, on February 5, 1992,  together with two other portraits, one of San Francesco d'Assisi and another of Sant'Anna, one of the three paintings has been recovered by officers from the Venice division of Italy's Comando Carabinieri Tutela Patrimonio Culturale, under the supervision of Major Christian Costantini, commander. 

Focusing on thefts of works of art related to places of worship, the painting was found in September the possession of an individual living in Borso del Grappa (Treviso) accused of receiving stolen goods. 

This is not the first artwork by Daniele Crespi to have been stolen and recovered by the Carabinieri.

Image Credit:  Carabinieri TPC
The painting "Il Christo, Salvator Mundi" was stolen in between the 16th and the 17th of January 1989 from the private residence of an art collector in Castiglione Olona.  Recognised by the Carabinieri TPC in November 2011, the squad identified the stolen artwork from auction records at Sotheby's dating to 2004 in London.  After confirming with the painting's heirs that the artwork matched their stolen object and without valid export documentation. 


October 27, 2018

Saturday, October 27, 2018 - , No comments

IAL - Institute of Art and Law Seminar - Jewellery and Law


The Institute of Art and Law will host a seminar this winter to examine the subject of Jewellery and Law. 

Date/Time:  January 15, 2019 from 9:30 am

Venue:  Clyde & Co, St Botolph Building, 138 Houndsditch, London, EC3A 7AR, United Kingdom 

Fee:  £144 (incl. VAT) – 50% off for IAL members (and UKRG members)

Held with the generous support of Clyde & Co LLP, speakers will include:

Tony Baumgartner, Partner, Clyde & Co
– Anthony Misquitta, General Counsel, Victoria & Albert Museum
– Jack Ogden, Chief Executive, Gemological Association of Great Britain
Lucas Fear-Segal, Barrister, 2 Temple Gardens
Paul Stevenson, Senior Advisory Lawyer, Church of England

Places in the seminar may be reserved here.

October 24, 2018

Court of Palermo dismisses charges of mafia association against Gianfranco Becchina.


Following a formal request by the Deputy Prosecutor for the District Anti-Mafia Directorate  Carlo Marzella, preliminary reexamination judge of of the Court of Palermo, Antonella Consiglio, has dismissed the charge of mafia association against the Castelvetrano antiquities dealer Gianfranco Becchina.  In her decision, the judge cited that the accusations used for the basis of the charge, made via testimonies given by Vincenzo Calcara, an exMafia soldier and pentito (collaborator of justice), have been deemed "unreliable". 

The link from Matteo Messina Denaro to Gianfranco Becchina is said to begin with Denaro's father, Francesco Messina Denaro, who was the capo mandamento in Castelvetrano and the head of the mafia commission of the Trapani region. Francesco Messina Denaro was believed to have been behind the theft of the famous Efebo of Selinunte, a 5th century BCE statue of Dionysius Iachos, stolen on October 30, 1962 and recovered in 1968 through the help of Rodolfo Siviero,

Image Credit: Accademia degli incerti
The informant Calcara, who gave testimony against the art dealer, is a former protege of Francesco Messina Denaro of the Castelvetrano family and has faced his own legal dramas related to his involvement in international drug trafficking and money laundering, including underworld activities which purportedly also implicated the Vatican bank.  Verbose mafia defector Calcara's claims of self importance, and connections to the upper echelons of the mafia, have lethal overtones.  In the passed he has said he was originally tasked with killing antimafia Judge Paolo Borsellino in September 1991 with a sniper rifle but was arrested before he could carry out the plot.


Involved in the trafficking of weapons, drugs, and political corruption Calcara was once offered a place in the government's witness protection program but refused.  Later the Cosa Nostra determined his whereabouts and threatened his wife if she didn't get him to stop talking to authorities.  

Back in 1992, Calcara, and now deceased former drug dealer Rosario Spatola, incriminated Becchina for alleged association with the Campobello di Mazara and Castelvetrano clans implying that there was a gang affiliate active in Switzerland whose role was to excavate and sell ancient artefacts on the black market.  At the time of Spatola's testimony, much of his information was also discounted as many were skeptical that he had actual knowledge or whether he invented things for his own benefit.

To dismantle Denaro's operational funding, which authorities believe has helped him remain at large as a fugitive from justice, Italy's Anti-Mafia Investigative Directorate (DIA), through the Court of Trapani's penal and preventive measures section, seized all movable assets related to Becchina in November 2017 including real estate and corporate enterprises on the basis of an order issued from the District Attorney of Palermo.  This included Becchina's cement trade business, Atlas Cements Ltd., Olio Verde srl., his olive oil production company, Demetra srl., Becchina & company srl., and Palazzo Pignatelli, once the noble residence of the family Tagliavia-Aragona-Pignatelli, which is part of the ancient Castello Bellumvider (the public part is owned by the city and houses the town hall).  Investigators also seized Becchina's land, vehicles and bank accounts.

What will happen with the seized properties and businesses remains a manner for the Preventive Measures Section of the Trapani court to decide but given his close ties with other incarcerated mafia affiliates, Becchina's story is not yet finished. 

In 1991 Sicilian building magnate Rosario Cascio became connected with Becchina's Atlas Cements Ltd., and took over as reference shareholder and director.  Before his incarceration, Cascio was a Mafia Associate to several bosses in multiple families including fugitive Matteo Messina Denaro with strong ties to the Castelvetrano family.   Known as the "cashier of Cosa Nostra." Cascio once had a hit put out on him by mobster Angelo Siino only to have Matteo Messina Denaro intervene on his behalf.  Cascio managed the family's economic activities and sub-contracts, and monopolized the concrete market and the sale of and construction equipment.  He also steered public contracts towards mafia businesses and managed an extortion racket which imposed sub contracts and labor.  

So, while there are no (longer) "reliable" statements proving Becchina is formally "affiliated" with the Castelvetrano organized crime family, his connections to other individuals who are or were, and the properties connected to joint operations with mafia collaborators, are still subject to judicial consideration.  

October 18, 2018

ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection is now accepting applications.


Who studies art crime?

ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection is now accepting applications.

Early applications will be accepted through 30 November subject to census limitations. 
In 2009, ARCA started the very first interdisciplinary program to study art crimes wholistically.

Designed to give participants a unique opportunity to train in a structured and academically diverse format, ARCA's summer-long postgraduate program was designed around the study of the dynamics, strategies, objectives and modus operandi of criminals and criminal organizations who commit a variety of art  related crimes.  

Turn on the news (or follow this blog) and you will see over and over again examples of museum thefts, forgeries, antiquities looting and illicit trafficking of cultural goods.  Intentional heritage destruction and religion-based iconoclasm during armed conflict, once a modern-day rarity, has affected multiple countries and adds to regional instability in many areas of the globe.


Looted art, both ancient and Holocaust-related, can and often does find its way into the world's premiere auction houses and the galleries of respected museum institutions while dealers working in the field continue to be less than adept at distinguishing smuggled and stolen art, from art with a clean provenance. Thus making dealing with art crime an unrelenting problem and one without any easy solution.

Taken incident by incident, it is difficult to see the impact and implications of art crime as a global concern, but when studied across disciplines, looking at the gaps of legal instruments, country to country, one begins to have a clearer picture of the significance of the problem and its impact on the world's collective patrimony.

The world's cultural heritage is an invaluable legacy and its protection is integral to our future. 

One summer, eleven courses.

At its foundation, ARCA's summer-long program in Italy draws upon the overlapping and complementary expertise of international thought-leaders on the topic of art crime – all practitioners and leading scholars who actively work in the sector. 

In 2019, participants of the program will receive 220+ hours of instruction over 11 courses taught by a range of experts actively committed to combatting art crime from a variety of different angles.

For more information on the summer 2019 postgraduate professional development program, please see ARCA's website here.

To request further information or to receive a 2019 prospectus and application materials, please email:
education (at) artcrimeresearch.org

Interested in knowing more about the program from a student's perspective?

Here are some blog posts from and by students who have attended in 20162015, 2014, and in 2013.



October 13, 2018

Restitution: Two Etruscan Objects returned to Italy from Great Britain

Image Credit:  ARCA From Left to Right - Brigadier General Fabrizio Parrulli, Commander of the Italian Carabinieri Command for the Protection of Cultural Heritage, Britain's Minister of State for the Armed Forces Mark Lancaster, General of Army Corps Sabino Cavaliere, Commander of Mobile Units and Specialized Carabinieri 'Palidoro', Jill Morris, U.K. ambassador to Italy, and Detective Sergeant Rob Upham, chief of London's Metropolitan Police, Art & Antiques Squad.

In a formal ceremony on Thursday the 11th of October at the Villa Wolkonsky, the official residence of the British ambassador to Italy in Rome, UK authorities returned two Etruscan artifacts recovered by the Metropolitan Police in consultation with Italy's Comando Carabinieri per la Tutela del Patrimonio Culturale.  Both objects had been located within the vibrant London antiquities market.  

The bronze Etruscan statuette of Lares had been stolen from the Museo Archeologico di Siena in 1988.  According to Detective Sergeant Rob Upham, on hand for the handover from New Scotland Yard's Art and Antiques Unit, the terracotta Etruscan askos (a flask with spout and handle shaped like a sphinx), had once passed through the inventory of a convicted Italian ancient art dealer.   Elaborating to the press Upham added that the seller of the object in the UK appeared to be in good faith and therefore was treated as a cooperating witness during the Metropolitan police investigation. 

Image Credit:  ARCA Objects restituted
from the UK to Italy
To further the culture of legality in the field of protection of cultural heritage, and to highlight the UK's ongoing cooperation with their Italian counterparts, British Ambassador to Italy, Jill Morris CMG opened Villa Wolkonsky for the restitution ceremony highlighting the importance of recovery operations and welcoming experts from Italy and the UK in the fields of heritage protection and military cooperation.  Alongside the two restitutions Ambassador Morris and her staff arranged for an exhibition of stolen objects recovered by the Italy's art crime Carabinieri and an informative interactive display of many promising technological tools, made possible by advances in geophysics and remote sensing, which are now being used to assist in the protection of cultural heritage.  

Underpinning the event, was an afternoon heritage symposium titled  'UK-Italy: Partners for Culture' which served to underscore the embassy's commitment to the cultural partnerships established between Italy and the United Kingdom and which was facilitated through the combined efforts of the British Embassy in Rome, the British military, the British Council, the British School at Rome and the British Institute of Florence.   

Recovered objects presented in the exhibition highlighted several of the Carabinieri's significant recovery actions.  Three of which were:

A Violin made in 1567 by Cremonese violin maker Andrea Amati created to celebrate the investiture of King Charles IX of France.  The instrument was illegally exported from Italy in 2010 to the United States.


A I-II century CE limestone Palmyrene funerary relief, plundered from a hypogeum located at the archaeological site of Palmyra in Syria.  This stele was recovered from of an individual in Turin following investigations by the Italian authorities into the illicit trafficking of archaeological assets from the Middle East.  

Each of the historic objects selected for Thursday's exhibition provided attendees with a narrative fulcrum of the pervasiveness and diversity of threats against heritage and the importance of preserving the delicate balance that exists between admiring and preserving the the past through connoisseurship and collecting and the loss of historical context when objects are stolen or looted.

On hand for the event, UK Minister for the Armed Forces, Mark Lancaster, announced that his country's Army-led Cultural Property Protection Unit (CPPU) has now been fully established as part of the UK Government’s implementation of the Hague Convention.  This instrument places obligations on signatory country's armed forces for the protection of cultural property from damage, destruction, and looting.  Minister Lancaster also reaffirmed the UK’s commitment to the Statement of Intent signed earlier this year which furthers defence and security cooperation between Italy and the United Kingdom on a wide range of security challenges.

Speaking on behalf of the Comando Carabinieri per la Tutela del Patrimonio Culturale, Brigadier General Fabrizio Parrulli highlighted the successes of his country's team since the founding of ‘Carabinieri’ Department for the Protection of Cultural Heritage in 1969.  Since its creation, the branch of the Italian Carabinieri responsible for combatting art and antiquities crimes has recovered more than 797,000 works of art and confiscated 1,096,747 archaeological finds.  The tenacious efforts of the unit's personnel in deterring the global clandestine market of antiquities, in collaboration with police, military forces and judicial authorities of others countries, serves as the gold standard military police model for addressing the far-reaching, multiform and pernicious problem of illicit trafficking and art theft, both nationally and transnationally. 

General Parrulli also emphasized Italy's ‘Unite4Heritage’ (Blue Helmets for culture) project, which was approved unanimously by UNESCO, as a division available and trained, to be used as needed both inside and outside Italy, for the protection of the cultural heritage in the event of natural disasters, armed conflicts or an international crisis at the request of the UN, UNESCO or State Parties.  Composed of 30 Carabinieri, a commander, and heritage experts (archaeologists, art historians, computer engineers and geologists) from the Ministry of Cultural Heritage and Activities, this team has been put in place to  support local police forces in their efforts to prevent looting, plundering and trafficking of historical and artistic heritage, as well as in the recovery and protection of these assets in times of crisis.

Seventy years after the British Army last had officers in the Monuments, Fine Arts and Archives sections during the Second World War and following the UK's ratification of the Hague Convention (1954), which makes it an obligation for the Armed Forces to have a military CPP unit, Lt. Col. Tim Purbrick OBE VR will be the first to lead the UK's newly formed Cultural Property Protection Unit.  During his presentation Lt. Col. Purbrick stated that his unit will consist of 15 trained experts, drawing from members of the Army, Navy, RAF, and Royal Marines as well as civilian experts, brought on board as Army reservists.  His team is expected to work closely with their Italian counterparts to advance the UK's own international military expertise within the sector of cultural property protection. 

Image Credit:  Carabinieri TPC  -
Brigadier General Fabrizio Parrulli, Commander
of the Italian Carabinieri Command for the
Protection of Cultural Heritage and Lynda Albertson, ARCA CEO

ARCA also was invited to give a presentation at the symposium on the Association's contributions to the research academic examination of art crimes as a notable criminological area worthy of more profound study.   Speaking simply as a watchful observer to some of the problems existing within the licit art market, Lynda Albertson's presentation touched some of the impediments to successful prosecution of heritage crimes as they relate to the transnational movement of illicit  cultural objects.  

During her presentation Ms. Albertson highlighted the multijurisdictional movement of objects, as they transit from country of origin to country of purchase, discussing ARCA's initiatives in Italy and to providing training to heritage personnel in the Middle East as a way to assist in the tracking and identification of objects stolen from vulnerable source countries. 

Highlighting an insufficient number of law enforcement officers outside of Italy's formidable art squad, and the need for adequate funding to pay experts who presently monitor the market on a volunteer basis, Ms. Albertson also stressed the need for dedicated public prosecutors specializing in art and antiquities crimes and mandatory uniform reporting requirements for object provenance in the market as the market's opacity impedes the tracking stolen and looted objects and exacerbates the collective damage we all suffer when cultural goods are siphoned away through illegal exportation and trafficking. 

ARCA would like to thank Ambassador Morris for her kind invitation to participate and for her recognition of the value of culture in its own right and as a vector for Italy-UK cooperation. 

October 10, 2018

Trial dates tentatively set for December 2018 for 19 "Operation Demetra" defendants


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 set a tentative date for trial of December 2018 for 19 of the individuals connected to Italy's Operation Demetra. 


Resident of Belpasso, Italy
Palmino Pietro Signorello, 66

Residents of Campobello di Licata, Italy
Francesco Giordano, 71 
Luigi Giuseppe Grisafi, 64

Residents of Gela, Italy
Giuseppe Cassarà, 58
Simone Di Simone, (also known as "Ucca aperta"), 46
Rocco Mondello, 61
Orazio Pellegrino, (also known as "nacagliacani"), 54

Resident of Mazzè, Italy
Salvatore Pappalardo, 55

Residents of Paternò, Italy
Luigi Signorello, 34

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

Residents of Riesi, Italy
Angelo Chiantia, (also known as "Faccia pulita") 59  
Francesco Lucerna, (also known as "U zu Ginu") 76
Gaetano Patermo, (also known as "Tano"), 63

Resident of Strongoli, Italy
Luigi La Croce, 62

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

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

Lawyers for the accused are:

Ivan Bellanti
Angelo Cafà
Paolo Di Caro
Davide Limoncello
Ignazio Valenza

The gup of the Court of Caltanissetta, also has decided to revoke the precautionary measures, of three defendants who had previously been released pending trial to their homes with permission to go to leave to go to and from work.  Those individuals are Francesco Giordano, Luigi Giuseppe Grisafi, and Calogero Ninotta.

Previously the Italian courts 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 the strategic names 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. 

Veres has been 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. For more on this procedure, please see our previous article here. 

Should the UK judge, at the extradition hearing, decide it would be both proportionate and compatible, Veres' extradition to Italy would subsequently be ordered and Veres would 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 does not grant his 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, and would then be transferred to Italy either in time for the December court hearing, or to be rescheduled at a later date. 

October 8, 2018

Conference: Third All Art and Cultural Heritage Law Conference on “National Treasures: Limits to Private Property and Cross-Border Movements”


The 3rd All Art and Cultural Heritage Law Conference on “National Treasures: Limits to Private Property and Cross-Border Movements” will be held at the University of Geneva on Saturday, November 10, 2018 and will look at the concept of “national treasures” and to critically explore its meaning and impact on the regulation of the cross-border trade in cultural objects. 

Participation is free but attendees are asked to register by 30 October 2018 at
art-droit@unige.ch

Details presented by the organizers are as follows: 

10:00 Registration
10:30 Welcome words 
Benedict Foëx, Dean of the Law Faculty, University of Geneva

Foreword / Introduction
Stephen Urice, Professor, School of Law, University of Miami
Marc-André Renold, Director of the Art-Law Centre, UNESCO Chair, University of Geneva

PANEL I – LEGAL PERSPECTIVE: RULES, NOTIONS AND INTERPRETATIONS 
Chair: Alessandro Chechi, University of Geneva

10:50 Gagliani Gabriele, Bocconi University 
Article XX(f) of the GATT 1994 and Rules on Treaty Interpretation: Defining ‘National Treasures’ in International Trade Law

11:10 Anna Frankiewicz-Boydynek and Piotor Stec, Opole University 
Defining ‘National Treasures’ under the EU Directive on Return of Cultural Goods. Is Sky Really the Limit?
 
Discussion and coffee break

11:50 Ferrazzi Sabrina, University of Verona 
EU National Treasures, Politics and the Role of the ECJ

12:10 Evelien Campfens, University of Leiden 
Whose Treasures? Limits to the Notion of ‘National Treasures’ and New Prospects

12:30 Edith Wagner, Max Planck Institute Luxembourg 
Regulation through Litigation. The Procedural Protection of National Treasures and the Potential of EU Civil Procedure to Regulate the Cross-Border Trade in Cultural Property
 
Discussion and lunch break

PANEL II – PRACTICAL PERSPECTIVE: CASES FROM EUROPE AND BEYOND 
Chair: Marc-André Renold, Director of the Art-Law Centre, 
University of Geneva

14:00 Gillman Derek, Drexel University 
The Old Summer Palace and the Making of National Treasures

14:20 Teodora Konach and Michaela Löff, University of Vienna 
How ‘National’ Are ‘National Treasures’? Comparative Analysis of Austrian, Czech and Polish Legislation

14:40 Arianna Visconti and Eliana Romanelli, Catholic University of Milan 
The Definition and Identification of Cultural Property under the Italian Code of Cultural Heritage in light of the Recent Reform on the Export of Cultural Goods: Closing the Gap with the EU Approach, or Cosmetics?
 
Discussion and coffee break

15:40 Charlotte Woodhead, University of Warwick 
Tarnished Treasures: Provenance and the UK’s Waverly Criteria

16:00 Musa Ramatu, University of Basel 
The Sapi-Portuguese Ivories as ‘National Treasures’ of the Republic of Sierra Leone: A Moral Case for Repatriation

16:20 Riccardo Vecellio Segate, Utrecht University 
Treasures and Heritage under the TFEU: The Case of Music Legacy

16:40 Marc-André Renold, Alessandro Chechi and Stephen Urice 
Conclusions