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| The explosion of the Nuestra Senora de las Mercedes |
The three-year study, entitled “Pompeii, Fabbrica della Conoscenza” (“Pompeii, the Knowledge Factory”), was carried out using the most advanced technology, according to Carmine Gambardella, dean of the faculty of architecture at the Second University of Naples (Aversa). “After the collapse of the House of Gladiators, we flew over the excavations with the Guardia di Finanza, using an infrared thermal sensor to locate at-risk areas and so redraw a map of the site,” said Gambardella. The ministry-approved survey, therefore, amounts to a costly “repeat performance”. The cultural affairs branch of the Italian Labour Union has reported the matter to the public prosecutors of Torre Annunziata, Naples and Rome, calling for transparency in the awarding of such public contracts.
Espionage allegations aside, the Frel file is a fascinating study of a complicated personality. It hints at Frel’s famously chaotic love life. More importantly, it demonstrates how adept the charismatic polymath, connoisseur and political shape-shifter was at manipulating situations and spinning answers for his own survival. Colleagues at the Getty knew Frel as an Old World snob who constantly complained about America, its broken education system, its obsession with pop culture, its hot dogs and unpalatable mustard. Indeed, years later, when he was caught conducting a massive tax fraud scheme and falsifying provenance for million-dollar fakes at the Getty, Frel left America and never looked back. Yet during his 1971 FBI interview, the reporting agent noted how Frel gushed that “he considers the United States to be in his words ‘a great and good country.
A spy?
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| The Annunciation to Joachim, Lucas Cranach the Elder, once |
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| Van Gogh, View of Asylum and Church at St. Remy |
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.
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.
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.
