An End in Sight to Portrait of Wally Forfeiture?


Martha Lufkin of the art newspaper summarizes the nearly 10-year-long dispute between Federal prosecutors, the Bondi family and the Leopold Museum in Vienna. For past posts on the long-running dispute over this work see here.

Lufkin also reports Federal prosecutors have asked that a judgment to be postponed to allow the review of some new evidence:

Judgement on a long-running lawsuit in New York, which helped launch a world outcry over Nazi-looted art at museums and prompted many institutions to begin examining their collections for history of Nazi theft, has been postponed to let the US government review new evidence. On 3 June the schedule was suspended on a case brought by the US government in 1999 to seek confiscation of Egon Schiele’s Portrait of Wally from the Leopold Museum in Vienna, under the US National Stolen Property Act. The US says the Leopold knew that the art was stolen by a Nazi in 1939 from its Jewish owner, Lea Bondi. The case, which the parties had asked the court to resolve without a trial, is before the federal district court in Manhattan.

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

Recovery in Odessa

This work titled Caravaggio’s Taking of Christ or Kiss of Judas (though it might in fact just be a copy of another Caravaggio) has been recovered after it was taken from the Museum of Western and Eastern Art in Odessa.  No deatils on the recovery yet.  The work was stolen in July.

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

"Christies takes disputed earrings off auction block"

From today’s Christian Science Monitor:

The gold neo-Assyrian earrings were claimed by Iraq but awaiting the highest bidder Monday in New York. Just days before the sale of ancient art and antiquities, however, Christie’s took the jewelry, believed to be from the treasure of Nimrud, off the auction block. 

Christie’s says it is cooperating with an investigation into whether the earrings were in fact stolen from Iraq.

“When Christie’s learned that there might be an issue with the provenance of the earrings they withdrew the lot from the sale,” says Sung-Hee Park, a spokeswoman for the auction house in New York. “The lot is still with Christie’s in New York, but we are cooperating in the investigation.” 
As of Wednesday night, when a Monitor story detailed an Iraqi petition to stop the sale, the earrings were still part of the Dec. 9 auction. On Thursday morning, the auction house website said Lot 215 – a pair of neo-Assyrian earrings believed to be between 9,000 to 10,000 years old – had been withdrawn. 
US officials say they have been involved for at least several weeks in trying to prevent the earrings from being sold after they were alerted that the ancient jewelry might have been part of the treasures of Nimrud, one of Iraq’s greatest archaeological finds. 
“This is an issue we have been aware of for quite some time,” says Adam Ereli, spokesman for the US Embassy in Baghdad.
The Christie’s spokeswoman said she did not know why they were publicly withdrawn from sale only Thursday.
The treasures of Nimrud are considered one of the most important finds of the last century – the hundreds of pieces of gold jewelry, bowls, and ornaments compare in lavishness to the jewelry from King Tut’s tomb. A prominent Iraqi archaeologist, who photographed the hundreds of pieces excavated from the ancient Assyrian capital in 1989, says the earrings are unique. 
“I’m sure it is from the collection. I’ve been there during the excavations, I know the pieces,” says Donny George, former director of the Iraq museum and now a professor at Long Island’s Stony Brook University.

The interesting issue now is whether there’s going to be enough evidence or a fruitful investigation.  Who consigned the earrings to Christie’s?  Removing the earrings from auction is great, and Christie’s should be commended, however that is just the first step.  Iraq protested the sale earlier, but this earlier CSM article may have helped prod Christie’s along. 

Are we able to investigate back up the stream of commerce to discover who stole or looted these earrings?   There are very strong import restrictions in place to prevent these objects from being imported into the US.  The difficulty is the efficacy of those restrictions, given the massive amount of objects which flood America’s ports. 

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

Stolen Antiquities Returned to Egypt


From the AP:

Dozens of ancient artifacts stolen by a former U.S. Army officer were returned Wednesday to the Egyptian government.
Officials said the items, such as small urns, came from the Ma’adi archaeological site outside Cairo and date to 3600 B.C. or earlier.
Army helicopter pilot Edward George Johnson, a chief warrant officer from Fayetteville, N.C., was arrested in February in Alabama on charges of transporting stolen property and wire fraud. He pleaded guilty in July to possessing and selling stolen antiquities and was sentenced to 19 months of probation.
“When (Johnson) stole these items from Egypt, he robbed a nation of part of its history,” said Peter J. Smith, head of U.S. Immigration and Customs Enforcement’s New York office. “The repatriation of the Ma’adi artifacts reunites the people of Egypt with an important piece of their cultural heritage.”
Johnson was deployed to Cairo in September 2002 when about 370 artifacts were stolen from the Ma’adi Museum. He sold about 80 pieces to an art dealer for $20,000.
The government said experts had determined a majority of the items he sold had been stolen from the museum. The pieces had been excavated from the Ma’adi site in the 1920s and 1930s. 

I discussed the arrest of “Dutch” back in February.  

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

Germany a Haven for Cypriot Antiquities?

According to German professor Klaus Gallas at a gathering in Dortmund as reported by the Financial Mirror of Cyprus:

Organised international art smugglers, in cooperation or with the tolerance of the Turkish occupation army, have virtually flooded international black markets with stolen icons and other religious and architectural artifacts stolen from the occupied areas of Cyprus, said German professor Klaus Gallas.

Speaking at a gathering at Dortmund, Germany on the destruction of the cultural heritage in the occupied north, Gallas made an extensive reference to the case of Turkish art dealer Aydin Dikmen in Munich and criticized the German authorities for not giving the go ahead for the return of artifacts which have proved to be of Cypriot origin…

 The event was organized by the Cypriot embassy in cooperation with the Greek Academics of North Rhine-Westphalia and was held at the Municipal Art Museum. It included a presentation of a documentary prepared by the Press and Information Office of the Republic of Cyprus on the destruction of the cultural heritage in the occupied areas…

According to the church of Cyprus, some 500 churches have been either destroyed or pillaged since the 1974 Turkish invasion. Some religious relics have been bought back, others were returned to the church after lengthy legal proceedings and others are still at large.

The PIO states that thousands of antiquities illegally excavated in the occupied part of Cyprus have found their way to foreign markets. The channels through which the works of art are sent to the West remain basically the same. Frankfurt has become the main destination for ‘hot merchandise’, from there it reaches antiquities lovers with purchasing power in Germany, Belgium, the Netherlands, Luxemburg, Spain, Switzerland, Great Britain, the United States and Canada.

Germany has a large Turkish population, and the problems with Cypriot antiquities can be traced to the armed conflict on the island between Turkish and Greek Cypriots and the armed conflict which escalated in 1974.  Both sides have accused the other of destruction of heritage on the island.

The limited reporting here is an anecdotal account, and I’d be interested to learn more about the specific objects at issue.   I have very little knowledge of German law, though I do know the relevant EU regulations enforce export restrictions of other member states.  Perhaps the difficulty is that these objects may be ‘orphaned’ objects, where German authorities are unsure of their nation of origin? Or perhaps because of the different governments on the island — the Turkish occupied North or the Republic of Cyprus to the South? Or perhaps its bureaucratic red tape delaying the repatriation?  Or perhaps Turkey is pressuring Germany in some way?  Are the disputes over these antiquities a proxy-fight between Turks and Greeks?  

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

Waxman in NYT Op-Ed Urges the Met to Come Clean about Acquisitions

Both the recent purchases and the acquisitions from the late 19th and early 20th centuries.  In so doing she continues to conflate historical taking founded on imperialism with modern concepts like looting and smuggling.  Both imperial taking and the illicit purchase of these objects can be criticized, but for very different reasons.  She does have a point though, institutions will likely face continued pressure to admit how and why objects came to these institutions:

The Met’s galleries and Web site are mysteriously devoid of recent facts about the provenance of many artifacts. Most visitors have no idea how the treasures on display in the Greek and Roman rooms, the Egyptian antiquities department, or the Byzantine, African, Asian and Oceanic collections came to be housed in the museum.


Who among them knows that Louis Palma di Cesnola, the Italian-born collector and Civil War veteran who was the first director of the museum, appropriated a huge number of antiquities for more than a decade? As the American consul in Cyprus in the 1860s, Cesnola kept 100 diggers busy in Larnaca; his house became a kind of museum. Cesnola smuggled out no fewer than 35,573 artifacts — passing them off as the property of the Russian consul — for which the Met paid $60,000. 

The Met doesn’t tell this story. Even many people who work at the Met don’t seem to know it. Plunder is also the provenance of one of the museum’s most imposing artifacts in the Greek and Roman collection — an Ionic capital from the Temple of Artemis at Sardis. Massive and graceful, it sits prominently in a gallery on the first floor of the Met.

How did it get here? In 1922, as the Greeks and Turks warred over the port of Izmir, the column was spirited away by American archaeologists along with hundreds of other pieces and sent to the Met. When the hostilities ended, the Turks protested and the theft (or rescue, depending on one’s perspective) became an international incident, recorded in State Department archives. After much negotiation, the Turks ceded ownership of the column in exchange for the return of 53 cases of antiquities, also stolen from Sardis.

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

Looted Matisse Handed Over to Charity

The AP reports this work, Le Mur Rose, a work by Matisse which was stolen from a Jewish family some time after 1937 by a Nazi officer has been given to a charity:

The story of how “Le Mur Rose,” or “The Pink Wall,” made its way through the war to France is as surprising as the colorful painting itself, and steeped with death, mystery and injustice. Stolen from Jews, proceeds from the expected sale of the painting will go toward the Magen David Adom network of ambulances, paramedics and emergency treatment centers in Israel.  “It’s a remarkable and in some ways slightly creepy story,” said Stuart Glyn, chairman of the British charity Magen David Adom UK. He will take delivery of the artwork at the French Culture Ministry in Paris.  The painting belonged to Harry Fuld, a German Jew who made his fortune in telephones, founding the H. Fuld & Co. Telefon und Telegraphenwerke AG in Frankfurt, Germany, in 1899, the charity says.
“The Fuld family were almost manic collectors, with the broadest of tastes,” Glyn said in a phone interview…

Harry Fuld Jr. died in 1963 and for reasons unknown willed his estate to Gisela Martin, a woman who has remained something of a mystery in this saga. She in turn left her estate to the British charity when she died in Switzerland in 1992, which explains why Magen David Adom UK is now getting the Matisse.  Glyn said they have not been able to determine the nature of the relationship between Fuld and Martin, why he left her his estate or why Martin in turn made Magen David Adom the beneficiary of her will.  The Matisse is worth a “a good six-figure sum,” but will first be displayed in a museum, said Glyn. He said he’s in discussions with museums in Germany and Israel.  The charity is also trying to recover other parts of the Fuld collection, which included 12th-century Buddha statues, 16th-century Italian masters, furniture and other art, Glyn said.”There are pieces in the Hermitage (museum in Russia), there are pieces in museums in Germany, there are pieces believe it or not in Israel,” he said.

 The work had been displayed in France since 1949. 

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

Hawass Elevates Rhetoric

Earlier this week Zahi Hawass made some really over-the-top statements with respect to this object, the Ka-nefer-nefer mask which was purchased from Phoenix Ancient Art in 1998.  Some have noted this is an attempt to “Marion True-ize” Benjamin.    I’ve discussed in-depth the history of this mask before.  Neither Egypt nor the St. Louis Art Museum have been able to give us a complete and definite story of the mask, but I certainly don’t think it is a case where repatriation is called for, even if we accept Egypt’s version of events.  Part of the reason for that, is the Egyptian government is either unable or unwilling to adequately document its existing stores of antiquities.  If we adopt Egypt’s version of events, the mask was stolen from a storehouse.  If so, a properly documented collection register could have been submitted to the Art Loss Register, and when the SLAM considered purchasing the object in 1998, the acquisition wouyld have been halted.  

Some commenters have even labelled the SLAM director, Brent Benjamin “controversial” because of the dispute.  I think those accusations are over the line, and very unhelpful.  Benjamin has done the right thing in this case, and it should be noted the mask was acquired before he took his post at SLAM.  Earlier  this week in an AP article Hawass called him a “stupid man” who “doesn’t understand the rules here”.  I’d like to suggest that Hawass — who perhaps does a lot of great things for Egyptian heritage — has a clouded view of the legal rules in this case.  An unhelpful mistake made worse by a proposed Egyptian law which may “give [Egypt] the power to take people to court in Egypt … (Benjamin) will be wanted in Egypt.”  Is this the way to conduct international negotiations?  What’s more, if the mask had been in an Egyptian storehouse, and it is so important as to warrant this level of rhetoric, why wasn’t it documented by Egypt? 

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

Greek Icon Returned

This 14th century icon was returned to Greece this week, 30 years after it was stolen from a monastary in Serres, Northern Greece.  The work was recovered by the Art and Antiques Squad in 2002. 

From Helena Smith’s piece in the Guardian:

It emerged in London in 1980 when a British Byzantinist, Professor Robin Cormack, spotted it in a suitcase in a restorer’s atelier. It had been touched up by the looters to make it more saleable in the underground art market.
“It had been cut in two by the looters. Seeing what it was, Robin realised it must have been stolen and advised them to return it to Greece,” said the cultural attache at the Greek embassy in London, Victoria Solomonides, who travelled with the icon to Greece.
“That did not happen and 10 years later the plot thickened when he was called by the British Museum to value an icon. It was the same one.”
On the advice of Cormack, curator of the Byzantium exhibition currently on at the Royal Academy of Arts, the British Museum decided not to buy the icon.

It seems then in 2002 a Greek art dealer offered to sell the work to the Benakis Museum in Athens for  £500,000.  It seems the High Court has ordered the return of the work in a proceeding “Six weeks ago”.  I’ve attempted to track donw the ruling this morning on baili.org, but I suspect the ruling is unpublished.  If any of my kind UK readers could confirm this, I would be most grateful. 

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

Cleveland Museum of Art and Italy Reach Repatriation Agreement

The Cleveland Museum of Art (CMA) and the Italian Culture Ministry announced today an agreement which will return 14 objects to Italy in exchange for loans of “a similar number of works of equal aesthetic and historical significance”. The loans will be for a “renewable” 25-year period. The objects are going back to Italy because they have been looted, stolen or illegally exported.

David Gill has compiled a list of the objects, and provided links to their description on the CMA website.

Here is the list:

1) Pig-shaped Feeding Vessel/Vaso plastico a porcellino.
2) Mule Head Rhyton/Rython a testa di mulo. (Pictured here).
3) Sardinian Warrior/Bronzetto nuragico.
4) Apulian Volute Krater by the Darius Painter; Departure of Anphiaros/Cratere a volute a figure rosse.
5) Etruscan Red-figure Duck Askos/Askos ad anatra a figure rosse.
6) Bird Askos/Askos campano ad uccello.
7) Dog “Lekanis” Bowl with Lid/Coppa e coperchio a figure rosse.
8) Apulian Gnathia Flat-Bodied Epichysis/Epichysis tipo Gnathia.
9) Apulian Gnathia Round-Bellied Epichysis/Epichysis tipo Gnathia.
10) Apulian Gnathia Lekythos/Lekythos tipo Gnathia.
11) Acorn Lekythos: An Eros Serving a Lady/Lekythos campana a figure rosse.
12) Corinthian Krater/Cratere a colonnette corinzio.
13) Pair of Bracelets/Due coppie di armille in argento.
14) 14th Century Italian Processional Cross/croce processionale in rame dorato del sec. XIV.

The announcement is not really a surprise. The former Culture Minister, Francesco Rutelli, had hinted at this deal for months. The deal is the result of a “friendly and collaborative 18-month negotiation” as reported by Steven Litt, the Cleveland Plain Dealer Art Critic. That’s the way both sides are describing the negotiations. Timothy Rub, director of the CMA told Litt “I think it’s always difficult when adverse claims are made against an object or objects in a museum’s collection, but the most important thing to do is to first of all determine if these claims have any merit, and if they do, to deal with them as transparently and as thoroughly as possible. This has been a very open and thoughtful discussion.”

Likewise, Maurizio Fiorilli, said “The director is an exquisite person, this was a negotiation among gentlemen. They always collaborated and exhibited great openness, therefore, I am content.” High praise indeed.

The crucial point to pick up on here is these objects were connected with Giacomo de Medici, which Italian and Swiss authorities raided in 1995. The polaroids they seized are the engine driving nearly all of these repatriations. Without that solid evidence, the chances are that these objects would not be returned. The restitution of these works is a positive developmetn to be sure, but will they continue? Has the antiquities trade learned its lesson? What about institutions who want to make further acquisitions? Are further acquisitions possible? Can we be sure they are legally excavated? Are the fundamental legal mechanics of the purchase and sale of antiquities different now than they were in the 70s, 80s and 90s? I don’t think so. The underlying problems persist, though at least public perception has changed markedly. On that front, perhaps judges will be more inclined to adopt more encompassing views of the foundational international legal agreements such as the 1970 UNESCO Convention, but the antiquities trade can still effectively evade legal safeguards.

To see how let’s contrast these returns with the CMA’s recently-acquired bronze Apollo, pictured here. Not being an art historian nor an archaeologist, I still think this Apollo is a much more interesting and valuable antiquity than most of the objects being returned. In fact it is slated to be the centerpiece of the CMA’s renovated classical exhibition. Litt reported today that there will be a joint scientific study of the statute which was acquired by the museum in 2004. The Apollo was the subject of another article by Litt in the Plain Dealer back in February. Evidence suggests the sculpture has been excavated for perhaps 100 years, though Italy has argued it was salvaged from the Adriatic in the 1990s and then illegally sold. The publicly-released provenance of the object seems a bit suspect. Its recent history stems from Ernst-Ulrich Walter, a retired German lawyer who said he foudn the statue lying in pieces when he recovered his family’s estate in the former East Germany.

It was then sold to a Dutch art dealer (Michael van Rijn perhaps?), then sold to the Phoenix Ancient art gallery. We have no idea where or how this stunning statue was found. There is no contextual information. Was it really in pieces for 100 years? The discussion and feeling from the CMA and Italy definitely don’t seem to indicate there will be a much in the way of a continued dispute over the object. And that’s because there is no evidence it was stolen, looted or illegally exported. Rather, there exists a paucity of information about its origins. That is not enough to base a legal claim.

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