Footnotes

The Annunciation to Joachim, Lucas Cranach the Elder, once oned   owned by Baron Herzog Mor Lipot Herzog

• A Nazi-era suit will proceed: A US District Court Judge for the District of Columbia has denied Hungary's motion to dismiss a lawsuit to reclaim works once owned by Jewish banker Baron Mor Lipot Herzog (previously discussed here).
• The Mary Brogan Museum of Art and Science has discovered a Nazi-looted painting in a group of loaned paintings.
• Libyan archaeologists are inspecting heritage sites for signs of damage during the conflict.
• It is the first time I go there since the war, Kadhafi's troops were inside and I want to know what happened," said Fadel Ali Mohammed, Libya's freshly appointed minister for antiquities.Setting out from the Tripoli hotel that has become his temporary home, the 62-year-old -- a doctor in archaeology and Greek philology -- begins the drive west to Sabratha, one of Libya's most treasured archaeological sites.Despite multiple checkpoints armed by young volunteer militiamen, it only takes 90 minutes to get there. But it is an anxious 90 minutes for the man who is now in charge of protecting Libya's past.

•  Judith Dobrzynski discovers a work deaccessioned by the Brooklyn Museum in 1967 on temporary display at the Met, and Donn Zaretsky wants to know how this fits with the public trust.
• What is the difference between viewing St. Cuthbert's Gospel at Durham Cathedral or in the British Library?
• The fundamental (and I use the term advisedly) challenge of modern society is how people deal not just with cultural differences, but with worldviews that are incompatible to the extent that they seem life-threatening—and require life-taking. Without over-estimating the impact that preserving historic objects can have, this joint custody agreement is a small contribution to making the world a safer, more civilised place.

• How do you trust an art dealer?
• The only way I know is to do your homework and spend time talking with them. Before you go to a show look at the list of participants and then go to their web sites. See what they offer and what sort of reputation they have. Are they considered true experts in the field/fields they deal in? Do other people in the art world look to them for advice? Have they had any serious legal issues? Do they deal in a wide range of items or do they have a focus … I personally find it hard to believe that any one dealer can be a true expert in all periods of art and antiques. Those who have a tighter focus will probably be better versed in the works they sell. If you take a little time doing your due diligence, your show experience will be much more rewarding.
• What a theft! Now it seems the theft of the Mona Lisa over 100 years ago is being credited with creating modern museums.
• Do we want someone controlling the fate of $30 billion in art 60 years after his death?
• A painting by Rubens stolen a decade ago in Belgium has been recovered in Greece.

Bitterman on Settling Cultural Property Disputes

Amy Bitterman has posted on SSRN an article discussing the role of settlement in cultural property disptutes:


In the past, collectors and museums often stonewalled claimant countries seeking repatriation of looted artwork, relying on lengthy and costly litigation to discourage developing countries from pursuing cultural repatriation claims. Although some laws were in place concerning the import and export of such pieces, for the most part the market in antiquities was unregulated. However, recent events have led to a number of important changes in this area of law. While in the past, most claimants of stolen antiquities were developing countries with limited resources, recent decisions by the governments of Greece and Italy to pursue criminal prosecutions of dealers and curators have changed the legal landscape. In addition, the mass looting of archaeological sites and museums in Iraq resulted in the US adoption of the 1954 Hague Convention, and reforms in British law governing replevin cases. Other recent changes in this area that have significant legal ramifications include the adoption in 2008 of new acquisition guidelines by the Association of Art Museum Directors and a 2009 accord between the United States and China.

Using a hypothetical drawn from a number of cases and typical scenarios involving stolen art, the article discusses the pros and cons of a variety of potential resolutions in light of these developments and the unique considerations of art recovery cases. The author argues that the settlement process is particularly useful in cultural heritage disputes given that the parties often have mutual interests in preservation and excavation; thus, the winner take all approach of litigation may not be the best approach to resolving ownership claims.

Urice on Holocaust Art Restitution

Van Gogh, View of Asylum and Church at St. Remy

Stephen Urice, Associate Prof. of Law at the University of Miami has posted Elizabeth Taylor's Van Gogh: An Alternative Route to Restitution of Holocaust Art?

The Third Reich confiscated, looted, or otherwise wrongly took vast numbers of works of art from public and private collections in Germany and in occupied countries. Holocaust victims were particular targets of this cultural property theft. For complex reasons, in most instances nearly fifty years elapsed between the end of World War II and the assertion of claims in U.S. courts for restitution of this stolen, “Holocaust art.” That time lapse creates an insurmountable burden for some plaintiffs’ efforts to recover their property: the current possessor’s assertion of a statute-of-limitations defense. This article describes an alternative route to restitution in those situations. Under federal law, stolen property is forfeitable if the government demonstrates an indictable offense under the National Stolen Property Act (NSPA). This kind of in rem civil forfeiture action is independent of, and does not require the government to undertake, a criminal prosecution under the NSPA. To prevail in a civil forfeiture action predicated on an NSPA violation, the government must prove, by a preponderance of the evidence, the elements of an NSPA violation. In 1986, Congress amended the NSPA in ways that create an opportunity for the government to accomplish restitution in situations where a civil plaintiff would be time-barred under state law. First, Congress replaced the NSPA’s former requirement that the stolen goods be in interstate commerce with the requirement that the stolen goods have crossed a U.S. or state border. That change eliminated a defense predicated on goods having left interstate commerce by, for example, coming to rest. Second, Congress added “possession” of stolen goods as an enumerated offense. The effect of these amendments is to eliminate a defense based on the passage of time: The statute of limitations for possession of stolen goods commences to run only when the possessor divests herself of possession. Under federal forfeiture statutes the government has authority to return forfeited property to its original owners. Thus, federal law may permit the government to achieve for Holocaust victims what they, as civil plaintiffs, cannot accomplish themselves. The United States has adopted clearly articulated policies favoring restitution of Holocaust art. This paper argues that the United States could support those policies by pursuing this novel application of the NSPA. However, it also questions whether such cases are appropriate, given the rationales supporting statutes of limitations.

Nemeth on Antiquities (UPDATE w/ image)

Erik Nemeth has recently posted a number of interesting articles on SSRN examining 'cultural security' and the task of quantifying antiquities looting.

Cultural Security: From Concept to Engagement:

Recent armed conflict in Iraq and Afghanistan and political violence in Egypt have revealed the strategic significance of cultural property. This paper assesses the role of historic sites and antiquities in foreign engagement. Over the past century, U.S. foreign policy has had successes and shortcomings in leveraging protection of cultural patrimony to strategic advantage. The contrast of successful policy on the protection of immovable cultural property, such as religious monuments, in armed conflict and missed opportunities for tactical intelligence on the trade in movable cultural property, such as antiquities trafficking, identifies potential for development of foreign policy.

Market Value of Culture: Quantifying the Risk of Antiquities Looting:

The traditionally clandestine nature of the art market poses challenges to assessing looting and trafficking in developing nations. In the absence of direct information on transactions in source nations, sales at auction provide a sense of the market value and trade volume of antiquities and primitive art. Auction houses openly publish results of auctions and enable access to sales archives through web sites. On-line access to sales archives creates a substantive pool of data on hammer prices from auctions around the world. Sales archives also contain detailed descriptions of the artworks. The description that accompanies an auction lot can identify the geographic origin of the artwork. Data mining of sales archives for hammer price and origin enables analysis of market value by source nation. The analysis assesses relative market value and, thereby, contributes to an assessment of relative risks of looting across developing nations.

Both short essays are highly recommended.

Footnotes

Google Earth Image of Leptis Magna, one of Libya's Important Heritage Sites

• UNESCO is warning the art and antiquities trade to be "particularly wary of objects from Libya in the present circumstances".


• Is art theft on the rise? 


• Prof. Jen Kreder has a number of strong criticisms of the Department of Justice with respect to its positions on Nazi-era restitution suits in an Op-Ed for the Detroit Free Press. 


• More on the long-running dispute between George Grosz's successors and the Museum of Modern Art.


• How many Degas sculptures are authentic? Are Degas heirs "rubber-stamping" these works for a share of the proceeds?


• Two very different reports of a recent appearance by representatives from the FBI's Art Theft Program at a gathering of the Antique Tribal Art Dealers Association. One report in the Santa Fe New Mexican said David Kice "drew laughs" when he asked for help identifying illicit artifacts. Another AP report says the laughs were drawn when the FBI revealed it paid $2,800 for four prayer stones which would have been lucky to fetch $100. Dace Hyatt argued the government "was clearly inducing felony charges with an erroneous value system". Another account from Kate Fitz Gibbon suggests the AP article had a more accurate depiction.


• Museum staff in Baghdad are really struggling to create an inventory of the Baghdad Museum's collection—what is not mentioned is that many museums have not completed a complete inventory, it is expensive and time-consuming.

Did Marion True Ever Catch a Looter or Dealer?

One of the stolen Mosaics at issue in the case

Some folks on the internet are not too pleased about the letter I collaborated on with Noah Charney re-examining Hugh Eakin's review of Chasing Aphrodite. A pointed response by David Gill here, and another critic wonders "whether anything done by Marion True herself actually led to the capture and conviction of a single looter of archaeological sites, or advanced any "Research into Crimes against Art"?

Yes, she certainly did, according to the Seventh Circuit Court of Appeals. As anyone should know who claims to study looting of archaeology and heritage, Marion True was the hero of one of the most prominent antiquities cases of the last thirty years, AUTOCEPHALOUS GREEK-ORTHODOX CHURCH OF CYPRUS vs.GOLDBERG, 917 F. 2d 278 (7th Cir., 1990) (available here). The case involved an antiquities dealer, Peg Goldberg, as well as Michel van Rijn. A helpful summary of the case is available here from IFAR.  I discuss the case at some length in  an article where I argue the nation of origin's law should be applied more often in cross-border trafficking in pieces of cultural heritage.

But with respect to Marion True, she is the unabashed hero of the case. From the opinion by Chief Judge Alex Bauer:

Peg Goldberg’s efforts soon turned to just that: the resale of these valuable mosaics. She worked up sales brochures about them, and contacted several other dealers to help her find a buyer. Two of these dealers’ searches led them both to Dr. Marion True of the Getty Museum in California. When told of these mosaics and their likely origin, the aptly-named Dr. True explained to the dealers that she had a working relationship with the Republic of Cyprus and that she was duty-bound to contact Cypriot officials about them. Dr. True called Dr. Vassos Karageorghis, the Director of the Republic’s Department of Antiquities and one of the primary Cypriot officials involved in the worldwide search for the mosaics. Dr. Karageorghis verified that the Republic was in fact hunting for the mosaics that had been described to Dr. True, and he set in motion the investigative and legal machinery that ultimately resulted in the Republic learning that they were in Goldberg’s possession in Indianapolis.

(emphasis added)

The opinion is also widely cited because of a concurring opinion by Judge Cudahy embedding the 1954 Hague Convention and the 1970 UNESCO Convention into cultural heritage law, a precedent which has had a number of important effects.

Marion True is no saint, nobody would argue she is, but her story is more complicated than merely painting her as the endpoint for looted antiquities. She did so much more, as Jason Felch and Ralph Frammolino explain in their book. Italian officials will tell you if asked that the case was brought against her because they had the evidence, not necessarily because she was the worst offender. And yes, she was instrumental in returning at least one looted object.  group of looted objects.

An Art Theft Anniversary

100 years ago Vincenzo Peruggia stole this painting:

The Mona Lisa

And 50 years ago Kempton Bunton stole this painting:

Goya's The Duke of Wellington

Noah Charney discusses both in an Op-Ed for the LA Times:

These two famous art thefts, the date of the latter chosen by the colorful Bunton for the theatricality of falling on the anniversary of the former, helped to mold the public perception of art theft as a crime of oddball characters who did not really harm anyone. It is true that some of the many famous art thefts of the period preceding World War II were of this ilk, involving quirky nonviolent thieves with gentlemanly aspirations.

To read more about the Mona Lisa thefts, you can read Noah Charney's long essay, The Thefts of the Mona Lisa: On Stealing the World's Most Famous Painting, available from Amazon. All of the proceeds support ARCA. You can also read my short forward to the book, where I argue that perhaps we'd all be better off had the work stayed stolen.