A Pisarro Hidden for 70 Years to be Auctioned

Camille Pissarro’s Le Quai Malaquais, Printemps (pictured), previously discussed here, recently recovered from a Zurich bank vault will go on sale later this month according to Catherine Hickley for Bloomberg:

 Gisela Bermann-Fischer waited almost 70 years to get back a painting by Camille Pissarro stolen from her family’s home in Vienna by the Gestapo in 1938. 

She recovered “Le Quai Malaquais, Printemps” after a quest that pitched her into a battle of lawyers’ letters with Bruno Lohse, a Nazi art dealer appointed by Hermann Goering to loot treasures in occupied France, and finally led to a Zurich bank vault, where the picture was stashed in a safe. Prosecutors sealed the safe as part of a continuing three-nation probe into associates of Lohse suspected of extortion and money-laundering. 

Now 80, Bermann-Fischer will auction the 1903 painting at Christie’s International’s sale of impressionist and modern art in London on June 23. Its value is estimated at between 900,000 pounds ($1.45 million) and 1.5 million pounds. Bermann-Fischer says it cost her at least 500,000 Swiss francs ($466,000) to recover the Pissarro, mainly in lawyers’ fees. At no point during her quest could she be sure of getting the artwork back.

One of the intriguing parts of the story was the brief resurfacing of the work in 1984:

“I don’t think we’ll ever find out from where to where the painting was transported over the years,” Bermann-Fischer said. “It truly was hidden. I think the exhibition at l’Hermitage Lausanne in 1984 was a test run, to see whether the original owners or any heirs were still on the lookout for the paintings and would make a claim.”

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

Compensation for Restitution Experts

Elise Viebeck, a student writer for the Claremont Independent has an outstanding article about the conflicts of interest which arise when history and art history experts are brought in to assist the heirs of victims who lost valuable art to the Nazis during World War II. She details the actions of a CMC History Professor, Jonathan Petropoulos.

The article asks an important question: How should these experts, whose specialized knowledge can bring about the restitution of ultra-valuable masterworks be compensated? Swiss prosecutor Ivo Hoppler raided a Swiss safe in the Summer of 2007 as part of a “three-nation probe of a German art dealer accused of conspiring with an American at historian to withold a painting by French impressionist”. I talked about the discovery of the work at issue, Camille Pisarro’s Le Quai Malaquais, Printemps last summer, but was unaware of this controversy.

Here’s an excerpt of Viebeck’s interesting story:

The story of the Pissarro begins with Zurich resident Gisela Fischer, 78, who is of Jewish descent. She and her family fled Vienna in 1938 two days after the Nazi Anschluss. The Gestapo looted their home, and among the stolen items was a painting by impressionist Camille Pissarro, Le Quai Malaquais, Printemps.

After the war, Fischer’s father successfully located and reclaimed many of his family’s stolen assets. After her father’s death in 1995, Fischer concentrated her efforts on the Pissarro which had remained elusive. In early 2001, she registered the painting with the Art Loss Register (ALR), a London-based for-profit company involved in stolen art recovery.

The ALR began to research the painting’s provenance, or history of ownership, in the hope of ascertaining its location. There was no initial financial arrangement, as at that time the ALR did not charge for Holocaust and World War II art claims…

On January 8, 2007, at a meeting in Munich, a representative of the ALR gave Fischer a message from Petropoulos. He wrote in a letter dated December 7, 2006 that he had located the painting in Switzerland and was communicating with an unnamed contact of its owner. The owner was a “foundation created by the heirs of the person who purchased [the painting] in 1957.”

The foundation, he wrote, wished to remain anonymous.

Two days after the meeting in Munich, Radcliffe also sent Fischer a letter, this time to request a finder’s fee for the organization’s success in finding the Pissarro in Switzerland. Despite its earlier commitment not to charge Holocaust claimants, the company had changed its charging policy for Holocaust art claims, telling claimants that the company could complete restitution “at far less cost and often more efficiently” than the expensive lawyers who took some cases. The meeting with the ALR in January 2007 was the first Fischer knew of the ALR’s changed policy…

For the Pissarro case, Radcliffe proposed an elaborate compensation scheme, including 20 percent of the first $1 million, 15 percent of the second million and 10 percent of any additional value of the painting. Included in his price was a stipend for Professor Petropoulos, who had requested $100,000 from the ALR for his services.

In a letter dated January 23, Fischer’s lawyer, Dr. Norbert Kückelmann, rejected the ALR’s proposal. Three days later Petropoulos met with Fischer at the Hotel St. Gotthart in Zurich to try a new arrangement…

Radcliffe and Sarah Jackson of the Art Loss Register also went to Zurich, only to find themselves excluded from the dealings. “We went expecting to be included in the meetings with Ms. Fischer only to discover that they had already had meetings without us. We realized we had been cut out,” Radcliffe told the CI.

At the hotel, Petropoulos and Peter Griebert, a Munich art dealer, showed her digital photos of the Pissarro, claiming to have taken them that morning. According to an account published in ARTNews magazine, they did not give further details about its location or the identity of its owners at that time.

It’s a very interesting account, and I don’t think Petropoulos, nor even the Art Loss Register are painted in a favorable light based on this account. Though much nazi restitution litigation rests on the assumption that the law should compensate the victims of the holocaust and other misappropriation, the engine driving these claims are the large sums of money these works can bring at auction. I think an interesting issue which needs to be researched in more detail is how and to what extent these restitution experts owe a duty to claimants.

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

Dividing a Nazi Art Dealer’s Collection

Catherine Hickley wrote a very interesting article for Bloomberg on the efforts by France, Germany and Switzerland to divide Bruno Lohse’s art collection. Here is an excerpt:

Bruno Lohse, a German art dealer appointed by Hermann Goering to acquire looted art in occupied France, dispersed his private collection of Dutch 17th-century masterpieces and expressionist paintings among friends and relatives in his will, the lawyer handling his estate said.

Lohse died on March 19, aged 95, and has since become the focus of a three-nation investigation into a looted Camille Pissarro painting discovered in a Swiss bank safe that was seized by Zurich prosecutors on May 15. The painting’s prewar owners said the Gestapo stole it from their Vienna apartment in 1938. Lohse controlled the Liechtenstein trust that rented the safe.

“Paintings have been willed to relatives and friends in individual bequests,” Willy Hermann Burger, the executor of Lohse’s will, said in an interview at his home in Munich. Burger, who declined to name the beneficiaries or disclose details on individual artworks, said he’s sure none of the paintings in Lohse’s private collection are looted.

Lohse became Paris-based deputy director of the Einsatzstab Reichsleiter Rosenberg, the Nazis’ specialist art-looting unit, in 1942, according to the interrogation report compiled by the U.S. Office of Strategic Services’ Art Looting Investigation Unit, which questioned him in Austria from June 15 to Aug. 15, 1945.

The E.R.R. plundered about 22,000 items in France alone, according to the O.S.S. reports. The Jewish Claims Conference estimates that the Nazis looted about 650,000 artworks in total.

“There is a lot of art still missing and we believe that a significant proportion remains in private collections, especially in Germany and Austria,” said Anne Webber, co-chair of the Commission for Looted Art in Europe, a not-for-profit organization based in London that helps families recover plundered property.

Adding to the difficulty is the fact that Lohse became an art dealer in the 1950’s, and thus most of his private collection is probably legitimate. However, the Pisarro found in the Swiss bank vault, Le Quai Malaquais, Printemps is probably looted, at least according to the Art Loss Register. This all underscores the importance of establishing and checking provenance for works of art when they are sold or donated. If the various European prosecutors are not as aggressive as their American counterparts have been, a lengthy and complex legal dispute between the successor and the descendants of the original1938 owner will likely ensue.

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