Student Comment on the Law of Art Theft

Amber Slattery, a J.D. Candidate at Villanova school of Law has a comment titled “TO CATCH AN ART THIEF: USING INTERNATIONAL AND DOMESTIC LAWS TO PAINT FRAUDULENT ART DEALERS INTO A CORNER” which appears in 19 Villanova Sports & Ent. L. J. 827 (2012). From the introduction:

Legal problems pertaining to the art world typically address ownership and repatriation of stolen cultural works to their original countries. Examples of Nazi-looted art spring up every year, creating uncomfortable demands between aggrieved former owners and current good-faith purchasers. Famous auction houses sell antiquities for which provenance cannot be established. Implicit in many legal issues pertaining to art is the fact that at some point, a crime took place. Fraud, theft, and trafficking are all crimes that begin with an act of greed and end with a piece of art or cultural property relegated to the status of contraband. . . This Comment explains the occurrence of high profile art fraud as it fits into the larger picture of art theft crimes. Section I introduces art fraud and the Wildenstein affair. Section II provides a comprehensive background on art theft. Section III addresses the underlying cultural reasons for nations’ differing policies and laws on cultural property. Section IV provides a survey of international laws and domestic laws from around the world that address art crimes. Section V addresses the effectiveness of American fraud law when applied to art crimes and discusses specific examples of recent art crimes. Finally, section VI addresses the viability of an ignorance defense to fraud charges in France and other civil law countries, how the defense would affect outcomes in the U.S., and how to prevent fraud of this nature from occurring again.

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

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