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October 30, 2015

Friday, October 30, 2015 - , No comments

District Judge Robert Shelby Hears Statements on "Disproportionate" and "Excessive" Force in Artifacts Trafficking Sting

Thursday October 29, 2015 U.S. District Judge Robert Shelby heard statements in a court hearing to decide whether a United States Bureau of Land Management agent, Dan Love, had violated a Blanding doctor's rights when arresting him during an artifact trafficking sting operation into the sale of looted Native American objects.  In an earlier ruling, the judge dismissed four of the five claims alleged by the family of Dr. James Redd, but had indicated there were sufficient facts to warrant a formal hearing to review the evidence on the final accusation before determining if the suspect's Fourth Amendment rights had been violated. 

This case garnered the general public's attention last year when the event was highlighted in a LA Times long-form article by award-winning journalist Joe Mozingo.  In his news report, Mozingo retold the story of the prominent physician, who had been charged in 2009 with one felony count of unlawful receipt of property stolen from an Indian tribal organization (18 U.S.C. 1163) during Operation Cerberus Action, named after the three-headed dog in Greek mythology.

James Redd, the town of Blanding's only doctor for almost 30 years and his wife Jeanne were two of the 24 suspects in Utah, Colorado and New Mexico charged with felonies for allegedly trafficking in archaeological artifacts from the Four Corners area of the American Southwest.  On the day after his arrest, Dr. Redd was found dead from carbon monoxide poisoning.  Apparently distraught over the charges against him and the members of his family, Redd had asphyxiated himself by rigging a garden hose to the exhaust pipe of his Jeep.  A week after Redd's death, a second defendant indicted in the case, Steven L. Shrader, of Santa Fe, N.M., also killed himself, dying of a self-inflicted gunshot wound on the same day he was scheduled to appear in federal court in Salt Lake City.

After his death, Redd's wife Jeanne plead guilty to three felony counts of unlawful receipt of property stolen from an Indian tribal organization (18 U.S.C. 1163), two felony counts of violation of ARPA (16 U.S.C.470ee (b)) and theft of Government property (18 U.S.C. 641) admitting that she owned and sold valuable Native American seed jars, pottery and jewelry. The couple's daughter, Jericca Redd, also plead guilty, admitting to one felony count of unlawful receipt of property stolen from an Indian tribal organization (18 U.S.C. 1163) and two felony counts of violation of ARPA (one count each of 16 U.S.C.470ee (a) and (b)).

On September 16, 2009, citing consequences suffered and the seriousness of the crime that had impacts felt by her and the community, U.S. District Judge Clark Waddoups bypassed federal sentencing guidelines and sentenced Redd's wife to to a lighter sentence of 36 months of probation. Redd's daughter received 24 months probation. In addition, the family members were ordered to pay a fine and forfeit 812 archaeological objects, including human remains, they had once had in their possession. 

In May 2011 Jeanne Redd filed an excessive force lawsuit in the U.S. District Court in Salt Lake City, claiming that the Bureau of Land Management and the FBI had pushed her husband, James Redd, to suicide through “"excessive, overreaching and abusive treatment"” at the time of his arrest. Approximately eighty federal agents were reportedly deployed in the city of Blanding on June 10, 2009 as part of Operation Cerberus Action, tasked with executing warrants on the Redds and 14 other individuals.  

As arrest warrants were being served, a large but disputed number of officers, some wearing flak jackets and some carrying assault rifles arrived at the Redd’s home just after sunrise.  They detained Mr. Redd for several hours after he had returned home following early morning rounds at the health clinic, questioning him extensively in his garage. 

Family members have reported that a BLM special agent interrogated Redd for four hours before taking him into custody,  During the questioning one agent reportedly taunted him by pointing to garden tools in the garage and asking him “Which shovel do you like to dig bodies with?”  The family also indicated that officers had hinted that Dr. Redd might lose his medical license for illegally removing native american artefacts from Navajo territory. 

The constitutionality of an officer’s use of force depends on whether the officer’s conduct was “objectively reasonable’ in light of the facts and circumstances,” which must be assessed “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” United States Supreme Court GRAHAM v. CONNOR, (1989) No. 87-6571 Argued: February 21, 1989   Decided: May 15, 1989.

During yesterday’s hearing U.S. District Judge Robert Shelby told an attorney for the Redd family that he didn’t see sufficient evidence to suggest that the action taken by federal Bureau of Land Management agents necessarily violated Redd's constitutional right but he did comment on the the number of officers deployed.  He ended the hearing by saying he would take the matter under advisement before issuing a prompt ruling.

While many feel the leniency shown to the Redd family during their sentencing sends the message that heritage looting in the American Southwest is unimportant and not worth stiff sentences but the case also illustrates that a disproportionate amount of law enforcement manpower may have been deployed to a home were suspects were not actively resisting, not attempting to flee, and not posing any imminent danger to law enforcement officials. 

In total, two suspects charged in this case committed suicide, as did case's informant Ted Gardiner. Gardiner shot himself in his Salt Lake City home during a confrontation with local police officers who had been summoned for the second time in three days because of concerns about his mental health.  





Événement/Events: Fondation pour le droit de l’art /Art Law Foundation

Location: Auditorium, Fédération des Entreprises Romandes
98 rue de Saint-Jean, 1201 Genève

La date de l'événement:
Vendredi 13 novembre 2015

Sur le thème: 
L’art & le blanchiment d’argent 
Money Laundering in the Art Market 
Événement en français

Programme et l'inscription:
On or by 3 November 2015

Le marché de l’art n’est pas épargné par les questions de blanchiment d’argent. L’actualité en a fait la démonstration. Les nouvelles recommandations du GAFI en matière de blanchiment qui seront mises en oeuvre en Suisse à compter du 1er janvier 2016, le phénomène malheureux du financement de l’État islamique par la vente de biens culturels et les réflexions entourant la règlementation des ports francs soulèvent des questions importantes pour le domaine de l’art sous l’angle de son exposition aux risques de blanchiment d’argent. Alors, mythe ou réalité: l’art est-il un moyen de blanchir des avoirs criminels?

Le but de cette journée est de faire un panorama de la problématique, d’exposer les règles qui s’appliquent au blanchiment d’argent dans le marché de l’art et d’esquisser des solutions pour prévenir les risques correspondants.

La professeure:
Ursula Cassani (Université de Genève), Jean-Bernard Schmid (procureur), Thomas Seydoux (Connery Pissarro Seydoux), Solange Michel (Interpol), le professeur Xavier Oberson (Université de Genève), Yan Walther (SGS Art Services) et Laurent Crémieux (Inspection fédérale des finances) comptent parmi les intervenants à cette journée.

Cet événement est organisé par la Fondation pour le droit de l'art et le Centre du droit de l'art.



Location: The Society of Antiquaries of London
Burlington House, Piccadilly, London

Program Date: 
Tuesday, 01 December 2015

Topic: 
Art, Law and Crises of Connoisseurship
Conference in English

Programme and Registration:
Early Bird Rate until 15 November 2015

In the public realms of law and the art world, a ‘connoisseur’ must be recognised as being an expert, as being capable of giving credible testimony regarding the subject, and as remaining actively engaged with the world in which attributions and authentications are made. This public recognition takes years of work and is hard-won.

Yet, does this public recognition of expertise signify accuracy or truth in the claims that a connoisseur makes about art? This one-day conference investigates the always-interrelated and often mutually-troubled processes by which connoisseurship is constructed in the fields of art and law, and the ways in which these different fields come together in determining the scope and clarity of the
connoisseur’s ‘eye’.

Speakers Include:  
Martin Eidelberg (Rutgers University), Charles Hope (Warburg Institute), Nicholas Eastaugh (Art Analysis and Research Ltd.), Irina Tarsis (Center for Art Law), Brian Allen (Hazlitt Ltd.), Tatiana Flessas (LSE), Megan E. Noh (Bonhams) and Michael Daley (ArtWatch UK).

This event is organised at the The Society of Antiquaries of London by ArtWatch UK, the Centre for Art Law, and the London School of Economics and Political Science.




October 29, 2015

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i2MStandards offers systematic approach to problem of fakes and forgeries in the art market -- Colette Loll, ARCA Alum


Colette Loll, Art Fraud Insights
Tom Mashberg's article for The New York Times, "Art Forgers Beware: DNA Could Thwart Fakes" (October 12, 2015) discusses "a new authentication system that would let artists sign their works with specks of synthetic DNA."

One method is being developed at the Global Center for Innovation at the State University of New York at Albany. The school said it had received $2 million in funding from the ARIS Title Insurance Corporation, which specializes in art.

Here's a link to the program's website: https://www.i2mstandards.org

Colette Loll, of Art Fraud Insights -- quoted in Mashberg's article -- consulted on the project. Loll attended ARCA's program in International Art Crime in 2009 and 2010. In October, Ms. Loll was in London with artist Eric Fischl "and some of the top conservation and materials scientists in the field," Colette wrote in an email. "I have been consulting on this initiative for over a year now." Ms. Loll explained:

“The i2MStandards initiative offers a systemic approach to fighting the prolific problem of fakes and forgeries in the art market. We have been talking about the problem for a long time, it’s wonderful to participate in a very real solution.”

Here's a link to the program's video: https://www.i2mstandards.org/media/.

by Catherine Schofield Sezgin, ARCA Blog Editor

October 28, 2015

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Reporting from UNESCO ICOM COMCOL 2015 Annual Conference in Soul, Korea

COMCOL is the International Committee for Collecting of the International Council of Museums (ICOM) which aims to deepen discussions, and share knowledge on the practice, theory and ethics of collecting and collections development.


This year ICOM Council on Museum Collecting (COMCOL) is hosted by the National Folk Museum in Seoul, Korea.  


Speakers participating in this conference have gathered from as far away as the Netherlands, Zambia, Brazil, England and myself, from the United States.

On our first day of this conference, we toured the Gyeongbokgung Palace, and were welcomed by an extremely knowledgeable docent at the National Folk Museum in the same complex as the Palace before beginning our conference schedule for the day.  The group also received the Gyeonggido Dodanggut, which is a shamanic ritual of community, designated as Korea’s Important Intangible Heritage #98, held in Suwon, Incheon and other areas of Gyeonggi provence to wish for the well-being and prosperity of a village.  This particular ritual consists of two parts: telling the origin and history of village guardians and praying for safety and longevity of the village and its residents.

The President of COMCOL, Léontine Meijer-van Mench (Germany) , Deputy Director at Museum Europäischer Kulturen (Museum of European Cultures) Staatliche Museen zu Berlin - Preußischer Kulturbesitz initiated session one with a presentation, “What does sustainability mean for institutional collecting?” 

Keynote speaker Kidong Bae (Korea), ICOM chair of the National Committee of Koreaand former President of the Korean Museum Association; now, Professor of Archaeology in the Department of Anthropology, Hanyang University and Director of the Jeongok Prehistory Museum, Gyounggy Province; Seoul spoke about the History of Collections and Museum Development in Korea.

In the afternoon session Yukiko Shirahara (Japan) Chief curator at the Nezu Museum presented a thought provoking paper on “Addressing the Dilemma of Sustaining Museums and Collections in an Economic Downturn”. The final paper presented by Ho Seon Riw (Korea) concerned the “Future-Oriented Collecting Policy of the National Hangeul Museum.  “Hangeoul” is the unique writing style of Korea.

In the closing of the first day of the conference, students of “Gayatori” performed Gayageum byeonchang, folk songs accompanied by the traditional Korean zither-like instrument the Gayageum.  These students are officially appointed to maintain this important intangible cultural property.  Maintenance of “intangible cultural property” is ICOM’s priority #23.  Gayatori plays Korean traditional musical instrument which includes both 12 stringed and 25 strings in performance, accompanied by flute and choral voices of the players.

This reporter will present in the next day’s session a paper titled, “Renaissance at the Academy: The Rebirth of Connoisseurship and the Examination of the Object”  

October 27, 2015

America’s Museum of the Bible - Hobby Lobby Owners Under Federal Investigation for Possibly Trafficked Assyrian and Babylonian Cuneiform Tablets

For years various academics have questioned the collecting and conservation practices of billionaire collector Steve Green, the philanthropist behind the $800 million, eight-story Museum of the Bible.  Slated to open in 2017, the museum will occupy a historically protected warehouse built in 1923 just minutes away from the National Mall and the US Capitol in Washington DC.  But Green's collection raises more questions than it answers.

Where are the thousands of antiquities coming from that have been purchased to supply this expansive museum?   And as a private museum, has the largest evangelical benefactor in the world cut corners in formulating his museum's acquisition policy, forgoing the standards propounded by museum associations and those dictated by international treaties?

Most of the general public are more familiar with the Green family via their landmark case against the US government objecting to the Patient Protection and Affordable Care Act which required that corporations above a certain size provide medical insurance benefits to their employees, including coverage for certain contraceptive methods.  In approving an exemption as a result of the case, Burwell v. Hobby Lobby, 573 U.S. (2014), the US Supreme Court decided in Hobby Lobby's favour stating that the Affordable Care Act's mandate requiring that for-profit corporations supply their employees with access to contraceptives at no cost to the insured employee could be opted out of by commercial enterprise owners who are opposed to contraceptive coverage based upon their religious beliefs.

GC.MS.000462, a papyrus fragment sold
on eBay in 2012 which has a text from
Galatians 2:2-4, 5-6 in the New Testament
But the Green's success in rulings over contraception has now been overshadowed by a federal investigation into the museum's collection practices regarding antiquities from ancient Assyria and Babylonia, what is now Iraq.

According to the Museum of the Bible website, the Green's purchased their first biblical object in November 2009.   Since that time, their collection has grown to an estimated 40,000 objects including Dead Sea Scroll fragments, biblical papyri, rare biblical texts and manuscripts, cuneiform tablets, Torah scrolls, and rare printed Bibles.   That's 6,666 objects per year or a whopping 18 objects purchased per day. Compare that to the number of employees currently working for the Greens in relation to their new museum and one can surmise that an object's collection history has not been a principle concern among the staff or consultants vetting historic items for inclusion in the museum's collection.

In April of 2014 Italian papyrologist Roberta Mazza, a lecturer in Classics and Ancient History at University of Manchester, pointed out her concerns surrounding a papyri fragment in the Green's collection. Mazza identified a small papyrus codex page containing lines from Galatians 2 in Sahidic Coptic during a visit to the exhibition, Verbum Domini II, organized by the Green Collection in Vatican City, Rome.  As might be expected, the fragment had a less than stellar collection history.

Belonging to the Green Collection, the fragment was first identified back in October 2012 by Dr. Bryce C. Jones, then a PhD student at Concordia University's Department of Religion.  The Galatians 2 papyrus had previously been listed for sale on the online auction site eBay that same year through an irreputable dealer using the name “mixantik”.  “Mixantik”, who also has used the names "ebuyerrrrr" and "Yasasgroup", is/was an Istanbul-based trader with a seemingly inexhaustible supply of ancient Coptic and Greek papyrus fragments from Egypt, all with little or no provenance.  This seller was also someone whom academics like Dr. Dorothy King and archaeologist Paul Barford had openly reported for trading contrary to Turkish and International law.

Concerned about the provenance of this piece of papyrus as well as other Green Collection practices, Roberta Mazza asked David Trobisch, the current director of the Museum of the Bible, both publicly and privately for more information on the acquisition circumstances of two specific pieces in the family's collection, GC.MS.000462 (Galatians 2) and P. GC. inv. 105 (the Sappho fragments). 

From the Green's employee she learned that the Galatians 2 Coptic fragment was purchased in 2013 by Steve Green from someone referred to as "a trusted dealer".   Records in the Museum of the Bible/Green Collection archives attest that the papyrus was part of the David M. Robinson collection which was sold at a Christie’s auction in London in November 2011.   

The fact that the auction sale records give no mention of the eBay seller, and conveniently does not contain a photographic record or detailed description of what the 59 packets of papyri fragments contain is suspect to say the least.  This lack of detailed documentation on auction sales involving antiquities makes it difficult to ascertain if any given object's origin is either licit or illicit.  This easy loophole leaves the door open for both buyers and sellers to slide suspect objects into the stream of international commerce undetected.  In a nutshell this method may be used to effectively launders smuggled cultural contraband and give an illegitimate object a plausibly legitimate collection history. 

Speeding forward to today, The Daily Beast has reported that the Greens have been under federal investigation for the illicit importation of cultural heritage from Iraq over import irregularities related to 200 to 300 clay cuneiform tablets seized by U.S. Customs agents in Memphis on their way to Oklahoma City from Israel.  The jointly-written article was written by Biblical scholars Joel Baden, professor of Hebrew Bible at Yale University and Candida Moss, professor of New Testament and early Christianity at the University of Notre Dame.

Cary Summers, president of the Museum of the Bible, spoke with Daily Beast reporters exclusively on Monday and stated that a federal investigation was ongoing and that “There was a shipment and it had improper paperwork—incomplete paperwork that was attached to it.” 

In 2008, the U.S. imposed an emergency import restriction on any archaeological and ethnological materials defined as "cultural property of Iraq. This import restriction was imposed to protect items of archaeological, historical, cultural, rare scientific or religious importance at risk of trafficking as the result of unrest in the country.  This import restriction continues additional restrictions already in effect continuously since August 6, 1990.

The selling of ancient Iraqi artifacts is absolutely prohibited under UN resolution 1483 from 2003, as you may find in paragraph 7 of the link here. 

A source familiar with the Hobby Lobby investigation told reporters at the Daily Beast that the cuneiform tablets were described as samples of “hand-crafted clay tiles” on their FedEx shipping label and were valued at under $300.   If true, this seems less like an simple oversight on the part of the shipper and more like direct falsification, not just of these objects' value but of their historic significance and origin as its doubtful that cuneiform tablets will be showing up in the Wall Decor section of Hobby Lobby anytime soon. 

American imports of art, collections and collectors' pieces, and antiques from Egypt, Iraq, Lebanon, and Syria increased sharply between 2011 and 2013. Is a pattern developing?  Is this how heritage artifacts from source countries plagued by conflict are being folded into legitimate museum and private collections?

David Trobisch has stated that the Green Collection has one of the largest cuneiform tablet collections in the country.

In selecting antiquities, individual collectors and museums have choices. They can choose to focus exclusively on the historic, aesthetic and economic benefits of their acquisitions in formulating their collections or they can add ethical and moral criteria to their purchase considerations and not purchase conflict or blood antiquities.

By Lynda Albertson 

Excerpt from ICOM Code of Ethics for Museums
©2013


October 19, 2015

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UNITAR - UNOSAT and UNDP Reports on Destruction in the City of Sana'a, Sana'a Governorate, Yemen and Its Effects on Civilians

On August 28, 2015 UNITAR’s Operational Satellite Applications Programme - UNOSAT, a technology-intensive programme delivering imagery analysis and satellite solutions to relief and development organisations within and outside the UN system illustrated satellite-detected damage and analysis of the destruction in the city of Aden, Aden Governorate, Yemen. 

Using satellite imagery acquired 10 and 23 September 2015, as well as 15 May 2015, UNITAR-UNOSAT they have now done the same thing for the city of Sana'a, Sana'a Governorate, Yemen. 

As noted in an earlier ARCA blog post Sana'a is the largest city in Yemen and the centre of Sana'a Governorate. Inhabited for more than 2,500 years, Sana'a old city is an UNESCO World Heritage Site (Date of Inscription: 1986) noted for its many-storeyed tower-houses built using pisé de terre, an ancient rammed earth method of construction that dates back to at least 7000 BCE in Pakistan.   Prior to becoming the latest victim of unrest the city of Sana'a hosted 103 mosques, 14 hammams and over 6,000 houses, all built before the 11th century.

The UNITAR-UNOSAT report, published October 15, 2015 identified a total of 652 affected structures within a city.  Detailing their findings the report noted
Approximately 283 of these were impacted as of 10 and 23 September 2015, with 54 destroyed, 94 severely damaged, and 135 moderately damaged. Previously, using the 15 May 2015 satellite image, UNITAR-UNOSAT had located 369 affected structures, of which 60 were destroyed, 72 severely damaged, and 237 moderately damaged. Additionally, 8 impact craters and 16 areas with significant amounts of debris were observed in September 2015. A total of 7 medical facilities were identified within 100 meters of damaged and destroyed buildings, and it is possible that these facilities also sustained some damage. Notably, as of 10 and 23 September 2015, significant reconstruction of structures damaged as of 15 May 2015 was visible across the examined area. This is a preliminary analysis and has not yet been validated in the field.  

A copy of the report in its entirety can be found here.  Along with a full-sized PDF version of the site damage map here

Image Credit World Food Program (WFP), Rome
Another UN group, the United Nations Development Programme (UNDP) has been working in Yemen to document how the conflict has changed the daily lives of a normal citizen. Over a six month period they have been collecting interviews from within six different governorates in Yemen -Sana’a, Taiz, Hadhramout, Hajjah, Sa’adah, and Ibb asking the Yemeni’s they spoke with to speak of their main daily challenges, their future concerns and what ongoing risks they face on a daily basis. 

For a stark look at life for the Yemeni people under such conditions their eye-opening report can be read here. Yemen needs courageous and compassionate people if it is to turn around from these catastrophic realities.

By Lynda Albertson