The excellent podcast, Stuff You Missed in History Class, (hosted by Tracy V. Wilson and Holly Frey) has a useful overview of the chronology of the taking of the Parthenon Sculptures by Lord Elgin and his agents. It’s a useful overview, and will likely be of particular use for students or newcomers to the long-running dispute. Useful details include Elgin’s bitter divorce, and the reminder that it was never a good thing to draw the ire of Lord Byron.
The office of the Manhattan District Attorney has charged Subhash Kapoor and seven individuals in a antiquities massive smuggling network. The arrest warrants filed yesterday allege Kapoor travelled to India to discuss the looting of objects, he then shipped these objects to London to be cleaned and restored, and finally these objects were given fraudulent histories before being sold through his galleries.
These arrests show the potential use of state and federal cooperation, unfortunately a massive investigation this large takes time. As Chasing Aprhorite pointed out, these arrest warrants come 7 years after federal agents raided Kapoor’s gallery in 2012:
Kapoor has been charged with 86 criminal counts by @manhattanDA ranging from Grand Larceny to Possession of Stolen Property and Conspiracy.— Chasing Aphrodite (@ChasingAphrodit) July 10, 2019
The charges come 7 years after federal agents raided his Manhattan gallery in July 2012: https://t.co/Y4mTcOSS24 pic.twitter.com/0brbfvf0ns
The individuals arrested include two British citizens. Neil Parry Smith, an antiquities restorer was alleged to have prepared looted objects. Also, Richard Salmon is alleged to have helped restored recently looted material in New York. The five other individuals were a part of the alleged looting network in India and are Sanjeeve Asokan, Dean Dayal, Ranjeet Kanwar (aka Shantoo), Aditya Prakash and Vallabh Prakash.
Kapoor is currently jailed in India where he has been awaiting trial under the Indian criminal code for nearly 8 years. But his alleged looting network is vast, including an alleged 2,600 antiquities from Afghanistan, Cambodia, India, Nepal, Pakistan, and Thailand. Helen Stoilas at the Art Newspaper compiled many of the images of still-missing objects provided by the Manhattan DA. Those objects are now presumed illicit, dealing a big blow to their future market.
For a terrific account of this looting network, you should seek out the work of S. Vijay Kumar:
- Tom Mashberg, Investigators Say a Ring Smuggled $145 Million in Ancient Artifacts, N.Y. Times, Jul. 11, 2019, https://www.nytimes.com/2019/07/10/arts/design/ancient-artifacts-smuggling-ring.html.
- Jim Mustian, Former Manhattan Art Dealer Charged in Smuggling Racket | Time, TIME (Jul. 11, 2019), https://time.com/5624186/manhattan-art-dealer-antiquities-smuggling-charged-subhash-kapoor/ [https://perma.cc/4DFP-DKMU].
- Helen Stoilas, Whereabouts Unknown: See the Antiquities US Authorities Are Still Trying to Track Down, The Art Newspaper, Jul. 11, 2019, https://www.theartnewspaper.com/gallery/whereabouts-unknown-see-the-antiquities-us-authorities-are-still-trying-to-track-down [https://perma.cc/G88E-SVT5].
- Helen Stoilas & Nancy Kenney, US Authorities File Criminal Charges against Antiquities Dealer Subhash Kapoor and Seven Others, The Art Newspaper, Jul. 11, 2019, https://www.theartnewspaper.com/news/us-authorities-file-criminal-charges-against-antiquities-dealer-subhash-kapoor-and-seven-others [https://perma.cc/HV3T-KHEG].
Will the Getty’s prize bronze return to Italy? On Monday Italy’s Court of Cassation upheld the seizure of the Bronze Statue of a Victorious Youth, currently on display at the Getty Villa. Though the legal dispute has taken years, that’s not out of the norm for the amount of time prominent repatriation conflicts take to resolve. The written opinion has not yet been published, but it certainly appears to be a favorable development for Italian officials.
Gaia Pianigiani reported for the New York Times:
After a decade-long legal battle, Italy’s Court of Cassation ruled Monday that the statue should be confiscated and brought back to Italy, rejecting the Getty’s appeal. The decision had not been published Tuesday but a message from a court official describing it was provided to The New York Times.
“It was a very, very long process, but we now hope that we will be able to have it in Italy as soon as possible,” said Lorenzo D’Ascia, a lawyer representing the Italian government.
In a report on ANSA, comments by Italian heritage advocates, ministers and lawyers seemed optimistic:
The top court rejected an appeal by the US museum against a Pesaro judge’s order to confiscate the fourth-century BC bronze statue.
“The Lysippos (as it is known in Italy) must return to Italy, it’s the last word from Italian justice,” Pesaro prosecutor Silvia Cecchi told ANSA after the long legal battle.
Culture Minister Alberto Bonisoli told ANSA “now we hope the US authorities will act as soon as possible to favour the restitution of the Lysippos to Italy”.
He said he was happy that “this judicial process has finally ended and the right to recover an extremely important testimony of our heritage has been recognised.
“Let’s hope the statue can soon return to be admired in our museums”.
In June the Pesaro prosecutors announced that the order issued to seize the statue for years disputed by Italy and the Getty Museum in Malibu was “immediately executive”.
“The Lysippos statue must return to Italy,” prosecutors told ANSA, accompanied by Tristano Tonnini, the lawyer for the association “Cento Citta'”, which has been fighting the legal battle for 11 years.
“We expect politicians to play their part,” they said.
For Italy, the path to a successful repatriation of the Bronze could come via an agreement with the Getty. And such an agreement may be more likely to occur with this favorable ruling. The forfeiture can be successfully enforced by a U.S. Federal Court via transnational forfeiture and a Mutual Legal Assistance Treaty between Italy and the United States. I detailed how such a transnational forfeiture could work in a 2014 article, available here.
- Lysippos statue is Italy’s says court, ANSA.it (2018), http://www.ansa.it/english/news/lifestyle/arts/2018/12/04/lysippos-statue-is-italys-says-court_8405f7ad-e1d1-4aef-aa4d-998c98c1a7ec.html (last visited Dec 4, 2018).
- Gaia Pianigiani, Italian Court Rules Getty Museum Must Return a Prized Bronze, The New York Times, December 4, 2018, https://www.nytimes.com/2018/12/04/arts/design/getty-bronze-italy-ruling.html (last visited Dec 4, 2018).
- Derek Fincham, Transnational Forfeiture of the Getty Bronze, 32 Cardozo Arts & Ent. L.J. 471–500 (2014), available at https://heinonline.org/HOL/P?h=hein.journals/caelj32&i=485.
- Luis Li & Amelia L.B. Sargent, The Getty Bronze and the Limits of Restitution Symposium: The Cultural Identity and Legal Protection of Art, 20 Chap. L. Rev. 25–50 (2017) (for a discussion of the case from the perspective of the Getty’s attorneys).
The Museum of the Bible, a private museum located in Washington D.C., has announced that some of its most heralded objects are likely forgeries. Five fragments, purported to be a part of the Dead Sea Scrolls, are actually fakes. In a statement the Museum of the Bible announced that the fragments “show characteristics inconsistent with ancient origin and therefore will no longer be displayed at the museum.”
The Museum of the Bible has generated controversy since it opened. In 2017 for example the Museum paid $3 million and returned thousands of objects illegally removed from Iraq. The Museum is the passion project of Steve Green, a billionaire and founder of the Hobby Lobby chain of craft stores.
Michael Press in a post for Hyperallergic does an excellent job pointing out the real cost of these forgeries. He references the work of Candida Moss and Joel Baden for a 2017 book Bible Nation, which reports the Green family uses a 3:1 tax deduction to purchase price ration. Meaning that for every dollar used to buy these objects, the tax write-off is triple the amount. We the american taxpayer are paying for the Green family to acquire this material, much of it either looted or fake.
As Press argues:
Some may celebrate the latest news as a vindication of their criticisms of MOTB or Hobby Lobby. But, as with the prior series of scandals with which they’ve been involved — the forfeiture of thousands of cuneiform tablets and other artifacts smuggled into the country; the issuing of fake receipts for purchases along with tax evasion and money laundering; or the funding of an archaeological excavation in the West Bank in violation of international law — this is not really a loss for MOTB.
Considering how the story has been told to date, it is a PR coup. More than that: based on the Greens’ 3:1 model for purchase and donation, and exorbitant purchase prices for the post-2002 Dead Sea Scroll fragments (tens to hundreds of thousands of dollars each), they have likely made millions of dollars in profit just from their “altruistic”donation of these 16 fragments. Given that this profit consists of public funds (in the form of tax breaks), the real losers, in this case, are us.
Sadly, that’s exactly right. We are paying for looting and forgery. Other museums certainly have acquired forged material in the past, but the Museum of the Bible in acquiring so much material so aggressively is bound to acquire looted and forged material.
Daniel Burke, Bible Museum say five of its Dead Sea Scrolls are fake, CNN (Oct. 23, 2018), https://www.cnn.com/2018/10/22/us/bible-museum-fake-scrolls/index.html.
Emily Sullivan, Museum Of The Bible Says 5 Of Its Most Famed Artifacts Are Fake, NPR.org (Oct. 23, 2018), https://www.npr.org/2018/10/23/659741484/museum-of-the-bible-says-5-of-its-most-famed-artifacts-are-fake.
Dead Sea Scrolls at the Museum of the Bible Revealed as Forgeries, Hyperallergic (Oct. 0, 2018), https://hyperallergic.com/467318/dead-sea-scrolls-at-the-museum-of-the-bible-revealed-as-forgeries/.
Museum of the Bible Releases Research Findings on Fragments in Its Dead Sea Scrolls Collection (Oct. 22, 2018), http://www.museumofthebible.org/press/press-releases/museum-of-the-bible-releases-research-findings-on-fragments-in-its-dead-sea-scrolls-collection.
If you haven’t yet read the profile of Christos Tsirogiannis by Vernon Silver, you should. Silver wrote a terrific account of the Euphronios Krater called The Lost Chalice, so this extended profile into how Tsirogiannis uses his database, and how auction houses and prosecutors use this information is fascinating. I really recommend you give it a read, but here is a taste:
When he finished clicking through the last of Christie’s 109 lots, Tsirogiannis was ready to dive into his archive. It’s meticulously organized so he can fetch images from one of three major dealers, including Medici, and from galleries and smaller dealers whose photos help him reconstruct who owned what and when. Within each of these libraries, he has folders for about 10 object types, amphorae in one, kylix drinking cups in another. Those in turn are categorized by shape and color. Figurines are sorted by animal type—horses are with horses, boars with boars.
To vet the catalog, he’d made a list of about 15 suspect lots. Then, one at a time, he looked for matches. The laptop screen was filled 14 across with thumbnails from the Medici folder, and Tsirogiannis’s eyes darted left to right as he scrolled through in an intricate game of Memory, where players turn over two cards at a time looking for a pair.
He’d barely begun when he needed to run to a lunch meeting. He would continue the search that evening; we could meet the next day, he said. As we prepared to leave, he deleted the downloaded portion of the archive. Tsirogiannis’s curiosity proved overwhelming. As soon as I left, he logged back in. “These are things that always have priority for me,” he told me later. What he found made him late for his appointment. By midnight, he’d alerted law enforcement on two continents.
Cedar Mesa in Utah”That’s a big screwup”
So says Paul Reed, an archaeologist with Archaeology Southwest in a story by Jennifer Oldham for Reveal and Salon, which describes the massive error by Bureau of Land Management officials who posted a 77-page report which included the locations heritage sites in Utah. All in all 900 sites were described, including cliff dwellings, religious sites, rock art, and other archaeological sites.
The Bureau of Land Management posted a 77-page report online that included unique identifiers for priceless artifacts as it prepared to auction the most archaeologically rich lands ever offered for industrial use. The report exposed ruins spanning 13,000 years of Native American history to vandalism and looting, and experts say the BLM violated federal regulations that prohibit publicly sharing information about antiquities.
The document appeared on a BLM web page before the March oil and gas lease of 51,482 acres in a remote desert region of southeastern Utah. The BLM removed it and then reposted it with entire pages of detailed site descriptions blacked out. The report appeared online the last weekend in February and remained there for at least a few days – long enough for a state agency in Utah to download it and realize it violated the state’s privacy restrictions.
Josh Ewing, executive director of Friends of Cedar Mesa was quoted in the story expressing his surprise at the report, which “went to a level . . . that was very unusual in terms of listing site numbers and descriptions by parcel that I haven’t seen before.” So how did this information get published? Oldham’s story notes that the BLM field offices are understaffed, and have been instructed by the Trump administration to undo the “regulatory burdens” impacting the energy industry. The report was only online for a few days, but likely made it easier for determined looters to target and clandestinely remove material from a staggering number of archaeological sites.
Police in Spain, Germany, the United Kingdom, and Italy have announced arrests in a four year investigation named Operation Demetra. The name for the investigation has a bit of history, which it may be worth remembering. Demeter, the ancient Greek Earth goddess was likely depicted in the notorious Getty goddess. The Getty mistakenly referred to her as Aphrodite.
As many of you likely know, the story of this and other illicit acquisitions by the Getty, and the tax fraud perpetrated to pay for much of this is described in the terrific book, Chasing Aphrodite. In a nutshell: The statue was first smuggled from Morgantina. Looters broke her into pieces, and it was acquired by the Getty in 1988 for $18 million. While at the Getty, it was described as the finest classical piece of sculpture in North America, perhaps even outside of the Mediterranean and Europe. She was brazenly referred to for a while as the Getty Goddess, before ultimately being returned to the small archaeological museum at Aidone after evidence of the statue’s theft and connection to organized crime groups in Sicily helped build a case for return. Aidone and this part of Sicily are covered in wheat fields, the choice of using Demeter for a codename, goddess of the Earth and the wheat harvest was certainly intentional.
These objects were likely looted from archaeological sites in Sicily, and the investigation recovered an astounding 25,000 objects including coins, statues, and pottery fragments.
One of the individuals arrested was Thomas William Veres in London, a man of Hungarian origin antiques dealer who has long been involved in trafficking illicit material from Sicily to other parts of Europe and abroad. Police told reporters that:
The London art merchant Thomas William Veres commanded a transnational criminal holding that was able to traffic considerable quantities of Sicilian archaeological artifacts . . .
He was prominently featured in a case of another Sicilian antiquity, the Gold Phiale case. In 1991 Veres helped transport an ancient Greek Phiale (plate) to Switzerland where it was sold to Michael Steinhardt for $1.2 million. Veres was referred to by Federal prosecutors as a Swiss art dealer. Veres and another art dealer, Robert Haber, revealed how little faith they had in the licitness of the gold plate when in the purchase agreement with Steinhardt thy agreed that:
If the object is confiscated or impounded by customs agents or a claim is made by any country or governmental agency whatsoever, full compensation will be made immediately to the purchaser.
Steinhardt’s customs agent failed to accurately disclose the purchase price and the location of the plate, which ended up setting an important precedent for customs forfeitures and the use of civil forfeiture by Federal prosecutors in the United States for securing the return of illicit material.
It likely came as no surprise then to many who follow the antiquities trade that the name William Veres appeared in the news reports of arrests stemming from Operation Demetra. That investigation reveals a massive looting, smuggling, and counterfeit operation involving the movement of authentic and inauthentic material across borders, where histories were fabricated, and sales routinely took place.
“sequestrare l’Atleta di Lisippo ovunque si trovi”
Translation: Seize the Athlete of Lysippos, wherever it is found.
A court in Pesaro on June 8 has for the third time ordered the seizure of the Bronze Statue of a Victorious Youth, currently in the possession of the Getty Foundation. The Getty Foundation purchased the Bronze in 1977 for approximately $4 million dollars. The Getty has maintained that the Bronze was found in international waters in the Adriatic Sea. Italy though has long sought the return of the Bronze on the grounds that the fishermen who pulled the Bronze up in their nets were required under Italian law to report the discovery, that the Bronze became subject to Italian heritage law when it was brought ashore, and that it was abused and smuggled before ultimately being acquired by the Getty.
The difficulty of course will be can an Italian court successfully seek the assistance of an American court to enforce this forfeiture order. I have argued that yes, it could. Italy via its Mutual Legal Assistance Treaty with the United States could trigger a transnational forfeiture that if successful would be a powerful tool on the part of nations of origin.
The Getty though may decide to appeal this decision, and I’ll defer to Italian attorneys the question of whether those appeals have merit. To be sure though, Italian officials are continuing to aggressively use their own courts to seek the return of this rare Bronze.
Fincham, Derek, Transnational Forfeiture of the Getty Bronze (August 22, 2013). Cardozo Arts & Entertainment Law Journal, Vol. 32, 2014. Available at SSRN: https://ssrn.com/abstract=2238204 or http://dx.doi.org/10.2139/ssrn.2238204
ANSA, Lysippus must be seized wherever it is, http://www.ansa.it/english/news/lifestyle/arts/2018/06/08/lysippus-must-be-seized-wherever-it-is-4_6ed58f7c-9127-44f8-8fa4-f4e599a91b8a.html, 8 June 2018.
Il giudice dà torto al Getty Museum: sequestrare l’Atleta di Lisippo ovunque si trovi, Il Messaggero, https://www.ilmessaggero.it/primopiano/cronaca/ordinanza_sequestro_lisippo_atleta_getty_museum_malibu_tribunale-3785377.html, 8 June 2018.
Michael Steinhardt has been involved in over 1,000 antiquities transactions, and he is not eager to discuss the details of any of them. That’s my key takeaway from a recent Magistrate Judge’s order which may throw a good deal of daylight on many of those 1,000 transactions through pre-trial discovery. The suit involves the Republic of Turkey, represented by Herrick, Feinstein LLP, in the ongoing lawsuit between the Republic of Turkey, Christies, and Steinhardt involving the Guennol Stargazer. That could have big implications for future potential repatriation suits involving material which passed through Steinhardt and dealers he was associated with. If he has been involved in 1,000 antiquities transactions, we could be looking at a large amount of new information coming to light. It may also lead to more actions by the Manhattan District Attorney‘s office like the one earlier this year.
First, a few observations about Mr. Steinhardt. He is a billionaire. He was one of the first hedge fund managers. He has generously funded many cultural exchanges, including the Jewish Birthright movement which pays for Jews to return to Israel. He also has a gallery named after him at the Metropolitan Museum of Art in New York, and serves on Christie’s advisory board. He has also been subject to many repatriation and forfeiture lawsuits, two notable ones including an ancient Greek gold Phiale from Sicily, and an Etruscan tomb fragment.
His dispute with Turkey involves a small sculpture which dates to the third millennium BCE, and was sold for a reported $14.5 million at Christie’s Auction House in New York on April 28, 2017. Soon after the Republic of Turkey brought suit against the auction house and the consignor, Michael Steinhardt.
At the time the ministry of Culture of Turkey published a full-page letter in the New York Times demanding repatriation of objects which have been illegally removed from that country.
Turkey brought suit in advance of the contemplated sale on April 27, 2017. Turkey sought to block any potential sale, and was denied that request. However District Judge Nathan did agree to an accession by Christie’s which would delay for 60 days the receipt of any funds by the winning bidder, and to retain possession of the object. Soon after Turkey amended its complaint on May 26, 2017 re-asserting claims that the Figure had been removed from Turkey at some point prior to 1966 in violation of Turkey’s National Patrimony Law. In the complaint, the lead attorney Lawrence Kaye argued that Turkey has had since as far back as 1906 national ownership of all undiscovered antiquities in Turkey. The only known published provenance for the Figure from Christies was the following:
Alastair Bradley and Edith Martin, New York, acquired 1966 or prior; thence by descent. with the Merrin Gallery, New York, acquired from the above, 1993. Acquired by the current owner from the above, 16 August 1993.
That current owner was Michael Steinhardt. Which brings us to the recent ruling by Magistrate Judge Aaron. The parties at this point, Christie’s and Steinhardt on one side; and Turkey on the other, are presently engaged in the pretrial discovery process. This involves Turkey asking for as much information as possible about how Steinhardt acquired his antiquities. What was his diligence before every acquisition? What if any concerns were raised? Steinhardt is justifiably reticent to hand over all of that information. As Magistrate Judge Aaron summarizes in his decision, Turkey “argues that Steinhardt’s ‘habits and practices’ with respect to antiquities transactions even after his 1993 acquisition of the Idol are relevant.” But the ultimate discovery was limited to “Steinhardt’s antiquities transactions up to and including December 31, 2006”, which was limited in two important ways. First, any transactions by Steinhardt in Anatolian antiquities; and also any antiquities transactions by Steinhardt which involved John J. Klejman. Klejman was according to Thomas Hoving, one of his favorite “dealer-smugglers“. Klejman had also handled the series of objects known as the Lydian Hoard, which was sold to the Metropolitan Museum of Art in 1966, and which was returned to Turkey in 1993.
The pre-trial discovery process in America can be a long carefully argued process with each party arguing about how much or little information should be conveyed to the other parties in a lawsuit. Though Mr. Steinhardt has demonstrated a willingness to aggressively litigate to defend his possession or in this case sale proceeds of antiquities, he has not always been successful. At the very least this recent ruling highlights just how much information may be discoverable, how many transactions he was engaged in, and raises an important point moving forward. If this material is not transmitted back to nations of origin, or if a nation of origin cannot be ascertained, what Museum would want this collection of objects with incomplete histories? Wouldn’t we have a much more interesting story to tell about the Guennol Stargazer if we know which tomb it came from? David Gill has speculated that the Guennol Stargazer may have been found with a similar Stargazer which has been acquired by Shelby White.
- Suzan Mazur, Klejman or Hecht?–Who Sold the Guennol Stargazer to Tennis’s Alastair Martin?, Huffington Post (Sept. 19, 2017), https://www.huffingtonpost.com/entry/klejman-or-hecht-who-sold-the-guennol-stargazer-to_us_59c03f89e4b082fd4205b935.
- Smuggled Anatolian idol sold in US, Hürriyet Daily News, http://www.hurriyetdailynews.com/smuggled-anatolian-idol-sold-in-us–112576.
- Sam Hardy, The antiquity of the Guennol Stargazer – legal, looted, fake?, conflict antiquities (Mar. 0, 2018), https://conflictantiquities.wordpress.com/2018/03/09/turkey-guennol-stargazer-legal-looted-fake/.
The Supreme Court has ruled that victims of a 1997 terrorist attack in Jerusalem cannot satisfy their default judgment by seeking possession of antiquities from Iran which have been on loan to the University of Chicago Oriental Institute since 1937.
This collection of objects, the Persepolis Fortification Archive rests in Chicago for a good reason, these thousands of clay tablets have been studied at the University of Chicago with the permission of Iran. It affirms a ruling by the Seventh Circuit. In 1997 three Hamas suicide bombers detonated themselves in a crowded area in Jerusalem. Eight U.S. citizens who were victims in the attack filed a suit against Iran on the theory that Iran was liable due to its support of Hamas. Iran did not contest the lawsuit, essentially protesting the ability of an american court to hold it liable, and so a $71.5 million default judgment was entered against Iran.
Since then the plaintiffs have attempted to satisfy the judgment. At issue in this case were collections of antiquities which are being held by the Oriental Institute and the Field Museum. In most cases, the property of a foreign State is immune from this kind of suit, but some provisions of the Foreign Sovereign Immunities Act might have offered an exception to this immunity according to the plaintiffs. However the Supreme Court disagreed in a technical decision of interpretation in a unanimous opinion found insufficient grounds to allow the plaintiff’s to attach the cultural objects.
I had hopes that the opinion might offer a chance that the Supreme Court to offer ideas on the special status of antiquities or cultural objects, but those hopes were dashed. This was a technical opinion which made no mention of culture, heritage, or cultural property. Any special status of works of art or objects of antiquity will have to be inferred. Lawyers for the Republic of Iran did begin their brief by noting:
Petitioners seek to satisfy their default judgment by seizing ancient Persian artifacts loaned to an American museum almost a century ago for academic study. That sort of cultural property – a nation’s historic patrimony – has long been immune from execution. Instead, execution has historically been limited to commercial property and commercial entities. Nothing in § 1610(g) contemplates the dramatic departure from well-accepted immunity principles that petitioners now propose.
Rubin v. Islamic Repbublic of Iran, No. 16-534 (U.S. 2018).