Prosecution of Marion True and Robert Hecht Resumes in Italy (UPDATED)


There is a slew of new reports marking the continuation of the high-profile antiquities prosecutions in Rome. The New York Times has a piece, and the Washington Post picks up an AP story. Francesco Rutelli also has an Op-Ed in the Wall Street Journal, which can be downloaded from the Italian Ministry of Culture’s website here.

Is there anything new being said? Not really. Much of the back and forth involves trial tactics and public posturing on the part of Rutelli. Though he has some good arguments in his opinion piece, much of it is frustratingly vague or inaccurate. When he speaks of Italy “renouncing possession of these works of art” in reference to 46 contested objects held by the Getty, he conveniently fails to acknowledge the Getty has agreed to return 25 of them. Also, his claims of providing “exhaustive and reliable documentation” to the Getty may be true, however if the evidence were as damning as he indicates, Italy would certainly have first, asked US federal prosecutors to initiate a civil forfeiture action as they did in US v. An Antique Platter of Gold 184 F.3d 131 (2d Cir. 1999). This would have allowed for the return of the objects, while the US Department of Justice foots the legal bills. Thus, it seems to me that the evidence Ruteli is discussing may not be quite as damning as he indicates. He also makes it seem as if the issue of this bronze Athlete found in the Adriatic sea clearly belongs to Italy. This is a gross oversimplification. There seems to be good arguments that the object was found in international waters, and was in fact Greek in origin. Though he may be right that the bronze came ashore in Italy, the law violated would be an Export restriction, not a state-vesting provision. This makes Italy’s claim much different. If nothing else, the article was well-timed to coincide with the reopening of the trial in Rome though.

At the trial itself, the testimony of Pietro Casasanta seems intriguing. He details over 50 years of his experience dealing in Italian antiquities. He was testifying for the prosecution, not because he had any ties with the defendants, but because he played a role in the antiquities trade in general. He indicated that “From one day to the next we went from art experts to criminals…I saved thousands of artifacts that would have been ground into cement. … It’s a shame that they don’t make me a senator for life.” Interesting comments, especially given Italy’s recent efforts at stemming the trade. Perhaps the biggest gain Italy has made in recent years is cutting off Switzerland as a transit state. Switzerland has recently signed on to the UNESCO Convention and, more importantly, secured a bilateral deal with Italy.

UPDATE:

Lee Rosenbaum continues her good work on this controversy by soliciting a response from Michael Brand, Director of the Getty Museum. He clarifies many of the charges leveled against him. Perhaps most interesting, he indicates that the Getty is careful when repatriating objects. In fact, one of the objects claimed by Italy “a Kore … had been claimed by both Italy and Greece, and we now have agreed to return that object to Greece. This is precisely why we have to respond to these claims very carefully.” That seems reasonable, and in fact much of Brand’s comments paint a picture of the Getty attempting to work out a reasonable compromise with Italy.

Of course, the true nature of the negotiation process may lie somewhere between Brand and Rutelli’s conflicting accounts. However Rutelli often seems inclined to elevate the rhetoric. However, regardless of the outcome of the negotiations, it would seem that the Italians have accomplished a great deal. Certainly, reputable institutions and museums are now thinking twice about acquiring Greek, Roman, or Etruscan objects which might have come from Italy. A protracted public relations struggle is certainly not good for the public image.

Questions or Comments? Email me at derek.fincham@gmail.com

Art Theft in the Cotswolds


Joseph Farquharson’s “Sunlight and Shadow”, valued at £150,00, has been stolen from a private residence. There were 6 people in the house while the painting, along with other works and a grandfather clock were taken. Though thefts from museums and public institutions often make headlines, more works may actually be stolen from private homes. This may be an example of thieves being unaware of what they have stolen. In my view, the best way to prevent these kind of thefts is to insist on a transparent art market.

Questions or Comments? Email me at derek.fincham@gmail.com

Easiest Thefts Ever?


Thieves made off with $4 million in rare coins last week. This is the second year running that the Florida International Numismatist Convention has been hit. One might imagine that these collectors and dealers would be a little more careful. This year, a handful of masked robbers stole the coins at knifepoint. Last year they merely broke into the cars in a parking lot and made off with $450,000 in loot.

The recent robbery took place in the valet parking line at the Peabody Hotel. Some of the most valuable coins taken include coins like this one, dating from 1843 and President Tyler. David Nishimimura points out that perhaps the dealers should have used an armored car service. Once again, authorities do not know how the objects will be sold, as they are extremely rare, and would probably be quite difficult to get rid of. The art isn’t in the theft, it’s in the selling. There remains a healthy debate about whether these kind of coins rise to the level of cultural property. Though they are valuable, they are not particularly rare.

Questions or Comments? Email me at derek.fincham@gmail.com

Golf, Donald Trump and the Stone Age


Aberdeen’s own Press & Journal details a potential headache for Donald Trump. The billionaire has been planning a new golf resort here in the North-East of Scotland, between Balmedie and Newburgh. The plans include 2 courses, a village, and a 5-star resort. It may all cost up to £5 billion. Unfortunately, these hills may contain Stone Age relics. An environmental assessment is currently underway. There is no definitive proof that the dunes contain relics, however Ian Shepherd, an archaeologist with the Aberdeenshire Council speculates that, “the coast would have been rich in food sources and a perfect place for hunter gatherers. They could have found whales washed ashore, seals for hunting and wildfowl further inland. Our evidence is that these areas were really at a premium.”

If I had to guess, I’d say that the chances of this kind of development were to be held up by some archaeological concerns are quite slim. Perhaps a compromise could be worked out wherein parts of the development are excavated. There always exists a tension between archaeology, environmental concerns, and development. My personal view is that the impacts of the courses and hotel would likely be far less intrusive than that of the oil industry in the wider area. Though I should confess I’m an avid golfer, and one could not imagine a more perfect setting for golf.

Questions or Comments? Email me at derek.fincham@gmail.com

Italy takes aim at Japenese museums

Italy’s aggressive repatriation campaign is continuing, this time in Japan. Italian authorities have compiled a list of 100 objects it claims must be returned. Many of the works are currently housed at the Miho Museum in Koka. Italy plans to make a request for the return of the objects under the 1970 UNESCO Convention. The way in which Japanese authorities respond to these claims will likely be dictated by the quality of the evidence which Italian authorities are able to produce. Most reports claim that these objects are stolen, and that term is likely inaccurate. Probably none of the objects are stolen as we normally think of the crime. Most likely, they were illeglly excavated and/or illegally exported. Italy has claimed an ownership interest in its antiquities, and also put strong restrictions on their export.

Questions or Comments? Email me at derek.fincham@gmail.com

Marion True on Trial in Greece as Well


The New York Times devotes an article to bail being set in another trial of former Getty curator Marion True in Greece yesterday. The trial involves this greek funerary wreath, allegedly removed from the country 15 years ago. The Getty agreed on Dec. 11 of last year to return the wreath to Greece. I discussed that decision earlier here. The NYT reports that in total, five people have been charged in the case, “Ms. True… two Greeks accused of digging up the wreath in northern Greece, Georgios Tsatalis and Georgios Kagias; L. J. Kovacevic, a Serbian national accused of putting them in touch with a middleman; and Christoph Leon, a Swiss-based antiquities dealer who sold the wreath to the Getty in 1993 for $1.1 million.”

True faces a potential 10 year prison term. I found the comments of the investigating magistrate Apostolos Zavitsanos quite interesting, “The wreath’s value of over a million dollars determined the nature of charges brought against Ms. True.” Why do prosecutors use the monetary value of an object to ascertain the seriousness of a crime in this context? It seems to run contrary to the underlying rationales for nationalization of antiquities and restrictions on their export. These restrictions are based on the idea that the important loss which occurs is to the archaeological context, and not the loss of the actual object. If Greece were simply concerned with the loss of beautiful objects, why not just dig up the whole peninsula? Sentencing should also incorporate how much knowledge was lost as a result of the looting in my view.

True has been understandably upset in recent weeks. Back in December, Jason Felch and Ralph Frammolino of the LA Times managed to uncover a bitter letter written by True to the Getty Trust. True argued that her supervisors were aware of her acquisitions, and were fully appraised of the itinerant risks. The LAT quotes her letter, “Once again you have chosen to announce the return of objects that are directly related to criminal charges filed against me by a foreign government…without a word of support for me, without any explanation of my role in the institution, and without reference to my innocence.” Though the increasing number of criminal charges leveled at her seem to render her cries of innocence increasingly desperate, I can see her point.

It seems as if True was not doing anything much different from other curators and purchasers during this period. The one difference may have been that the vast funds at the Getty’s disposal dictated that she would buy more objects . The trials will show whether she violated Italian and Greek law; however it makes me uncomfortable when a few members of a group are targeted as examples, while others go unpunished. The flaw occurs across many areas of the law, but seems more acute when we think about cultural property. Successful prosecutions are few and far between.

Questions or Comments? Email me at derek.fincham@gmail.com

A Gauguin will stay at the TMA

A Federal District Court in Ohio has denied the ownership claims of 15 people seeking an interest in this work. “Street Scene in Tahiti” by Paul Gauguin was purchased by the Toledo Museum of Art in 1939. It’s current value is estimated at between $10 and $15 million. A copy of the opinion memorandum is available here, courtesy of Harvard Law Professor Harry Martin III. The work belonged to a German Jew, Martha Nathan. In 1937, she left Germany to escape Nazi persecution. The next year, in 1938, Nathan sold this work to a group of art dealers she had known for some years, who were Jews as well. The three purchased the work for 30,000 Swiss Francs, ($6,900 USD). As Judge Zouhary notes, “this sale occurred outside Germany by and between private individuals who were familiar with each other. The Painting was not confiscated or looted by the Nazis; the sale was not at the direction of, nor did the proceeds benefit the Nazi regime.”

The work has hung in the TMA since its purchase in 1939, and Nathan brought other Restitution claims for Nazi persecution, but did not file a claim for the painting. In this case, Judge Zouhary applied Ohio’s 4-year statute of limitation. The trick with limitations periods hinges on when the limitations period has started to run. Under Ohio law, the discovery rule dictates that a claim accrues when a claimant discovers, or should have discovered the injury. This is precisely the kind of claim a statute of limitation is intended to cover. It also highlights that often in these cases, the issue of whether a limitations period has expired will often prove outcome-determinative.

The case is a bit peculiar. Often, it is the claimants who bring suit. However, in this case the Toledo Museum of Art preemptively brought an action last year in a quiet title action. Whether the claimants will seek an appeal remains to be seen, but it seems likely given the value of the work. However, they do not have a great set of facts to work with here. Their ultimate success seems quite unlikely.

Questions or Comments? Email me at derek.fincham@gmail.com

Sonic Fingerprints

From Wired News, apparently Italian geophysicist Pietro Cosentino has been using sonic tomogopraphy to fingerprint wooden, ceramic, and stone objects. The non-invasive process records sonic vibrations after an object is struck with a small rubber hammer. The technology could have some interesting possible uses for identifying objects. There are a few potential hurdles though. First, the technology is extremely expensive. The sonic fingerprinting system costs between 15,000-20,000 Euros. Also, the sonic fingerprints change over time, so the process must be conducted regularly to be effective. There is also a risk of some less-than trustworthy individuals using the technology for false identification.

Questions or Comments? Email me at derek.fincham@gmail.com

Thefts in Auckland New Zealand


Thieves have stolen a Charles Goldie portrait and an Oxford Lectern bible from Auckland University’s library over the holidays. Like most Universities, it seems Auckland shut its doors over the holidays, and the theft was not discovered until employees came back from their holiday break. It’s unclear how the thieves will attempt to sell the two objects, as they would be easily recognizable by any dealer. However, those claims are made every time there is a high-value robbery such as this.

Perhaps police are trying to discourage the thieves from attempting to sell the objects, or perhaps the theft was made to order. Regardless of how difficult these objects are to sell though, they keep getting stolen. The portrait, “Planning Revenge” was recently returned from Canada. I cannot find an image of that work, but this is a work called “A Noble Relic of a Noble Race”, which might be similar. Sadly, the work was recently returned to New Zealand, after spending the last 70 years in Canada

Questions or Comments? Email me at derek.fincham@gmail.com

More on Civic Cultural Heritage, the Ozarks, and Eakins

Daniel Brook of the Boston Globe has a can’t miss article on the “Gross Clinic” fund raising efforts in today’s edition, available here. He neatly summarizes all of the salient issues in the dispute, and rightly points out the hypocrisy in an American city, which owes much of its artistic resources to the power of its Gilded Age benefactors, crying foul when an important work is purchased by wealthy outsiders. Were Philadelphians perhaps upset at the idea of Bentonville Arkansas, home to Wal-Mart, upstaging its own perceived cultural importance? I think so. The article echoes a lot of the arguments I’ve been making here, namely that the civic export restrictions are quite similar to the policies implemented by source nations to protect their own archaeological heritage.

Questions or Comments? Email me at derek.fincham@gmail.com