Tag: Egypt

US Government’s Claim to Ka Nefer Nefer Mask Dismissed

The Ka Nefer Nefer Mask will be staying in St. Louis for now

The Ka Nefer Nefer mask, subject of two lawsuits in federal court, seems likely to stay in St. Louis for the near future. On Monday the U.S. District Court dismissed the U.S. Government’s forfeiture claim for the mask, as Rick St. Hilaire reported. The St. Luis Art Museum also has a parallel declaratory judgment action seeking to prevent the government from pursuing a forfeiture in the future.

You can generally read the tea leaves in the first few lines of a court opinion, and when the court wrote “the Government boldly states that it seeks the forfeiture of all rights, title and interest in a 3,200 year old Egyptian Mask . . .” you have a pretty good idea that the U.S. attorney was not able to convince the court to forfeit the mask. It most certainly was involved in a crime, yet the government was unable to allege enough “circumstances” surrounding the mask’s journey from Saqqara in Egypt in 1952 to the antiquities market some time later.

The government undercooked its legal analysis of the illegal activities giving rise to a forfeiture in its first forfeiture attempt here. For now it may amend its complaint. If it does, it should perhaps note that Egypt has laws establishing ownership of its antiquities, and there is no set of circumstances under which this mask could have rightfully left Egypt. Perhaps noting that may lead to a different result this time around.

The Government cannot simply rest on its laurels and believe that it can initiate a civil forfeiture proceeding on the basis of one bold assertion that because something went missing from one party in 1973 and turned up with another party in 1998, it was therefore stolen and/or imported or exported illegally.

The court was concerned that the government failed to establish precisely how the mask became stolen property. There is plenty of precedent on point for this legal principle, but the lawyers for the government failed to include enough of it in the complaint. Now the U.S. attorneys will have to return to the drawing board and establish a firmer legal framework for the illegal removal of the mask from Egypt. Making the government’s task more difficult, is the lack of evidence provided to them by Egypt establishing how and when the mask was stolen. As a consequence, if I was working on the case, I’d essentially treat it like an antiquities looting case. The theft itself is lost to history. But you don’t need those facts, just enough to put the  burden back on the museum’s case to show how far back its chain of title can go.

The museum will likely respond that it had no reason to believe the Aboutaam brothers were antiquities dealers to avoid in 1998. Was it established that they routinely dealt in looted objects in 1998, even if that can be established now? The SLAM conducted a search, and while certainly not ideal, it posed questions to officials in Egypt. For lots of background on the mask, see here.

We can ask whether the Museum should do the right thing, but the government attorneys had an opportunity to force them to and failed to allege enough concrete circumstances in its complaint to trigger what would have been a very uncomfortable forfeiture proceeding for the museum—one that coupled with reasonable public pressure exerted by Egypt would have certainly made continued possession of the mask in St. Louis untenable.

Lee Rosenbaum has posted a .pdf of the opinion:
  Ka-Nefer-Nefer Opinion

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

Accounts of Looting at El-Hibeh in Egypt

“Looting is ongoing, there is no protection for the site”
 -Carol Redmount, archaeologist

Marco Werman of PRI talks with archaeologist Carol Redmount about ongoing looting at El-Hibeh in Egypt. In the interview which is embedded below Redmount notes that a criminal enterprise which has “mafia-like” characteristics is systematically looting the site. The leader of the operation is allegedly an escaped prisoner. No security is protecting the site.

I recommend clicking through to see a slideshow of discarded human remains and looted graves. Site protection is the first and probably most important step which can be taken here. Protections at Egypt’s points of export and importing checkpoints cannot undo the damage being done here. The looters themselves are motivated by a vulnerable resource and economic hardship. You can follow this site on a facebook site Redmount has created to track the situation and offer assistance.

The facebook page notes a first-hand account from Redmount:

When I returned to Cairo from our dig house last week and our van passed the site heading for the eastern desert highway, we saw about ten men openly looting the mound and desert behind (we have pictures of some of them), with conveniently parked motorcycles nearby. One of our drivers took the same road this past Friday and reported that again numerous men were busy with wholesale looting of the site in broad daylight. This is an on-going crisis. They are destroying the site. The SCA officials have tried everything they could to get the looting to stop. Nothing seems to be having any effect. This is something police and security seem to be ignoring, turning a blind eye to, or worse. We started the Save Hibeh facebook page because we are at our wits end as to what else to do . . .

The solution is for Egypt’s authorities to raise the level of security at this site and sites like it, or to enlist the assistance of other agencies from UNESCO or Italy’s Carabinieri. We can all collectively pressure Egypt from afar to take these steps, but a nation controls the protection of its own heritage.

Our next-best option is to stop buying the shabtis and kinds of salable objects that come from sites like this without complete histories, adequately documented.

  1. Andrea Crossan, Egypt Looters Ransack Archaeological Sites PRI’s The World (2012), http://www.theworld.org/2012/03/egypt-looters-ransack-sites/ (last visited Mar 28, 2012).
Questions or Comments? Email me at derek.fincham@gmail.com

The Fire at the L’Institut d’Egypte a "great loss"

One of the frustrations about writing about the protection of art and heritage is the biggest news items are often really grim, and there can often be little room for optimism. On Sunday the Institute D’Egypte caught fire and burned. The Institute was established in 1798 by the French, and held an estimated 200,000 volumes, including rare accounts of Egypt in the 18th Century. I must confess I had no knowledge of the Institute before yesterday, but because I, like many privileged folks in the developed world, have access to Wikipedia, I know it is an important building, and an important repository of information. Yet most Egyptians don’t have that luxury. As Larry Rothfield points out, neither the protesters, nor the military seemed to know this was an important building containing books and manuscripts. Initial accounts describe troops throwing rocks down from the roof at protestors, and the protestors responding with molotov cocktails. It is not clear who started the exchange, but the result is clear. An important repository of knowledge has been destroyed.

The background for the destruction, which may or may not have been intentional, are rising tensions once again in Cairo near Tahrir Squar. The best current accounts of the destruction and attempts to rescue some of the volumes is the Ancient World Bloggers Group. And so there is at least some room for optimism. Many of the protesters were seen carrying books to a nearby church to attempt to salvage some of them. Also, William Kipycki, Tield Director of the Library of Congress–Cairo, Egypt at the U.S. Embassy photographed the stamps used at the Institute so antiquarian book buyers and sellers will be on the lookout.

Employees at the U.S. Embassy and the American University in Cairo have been reported as offering assistance to do what can be done to minimize continued destruction.

From the AP:

Zein Abdel-Hady, who runs the country’s main library, is leading the effort to try and save what’s left of the charred manuscripts. “This is equal to the burning of Galileo’s books,” Abdel-Hady said, referring to the Italian scientist whose work proposing that the earth revolved around the sun was believed to have been burned in protest in the 17th century. Below Abdel-Hady’s office, dozens of people sifted through the mounds of debris brought to the library. A man in a surgical coat carried a pile of burned paper with his arms carefully spread, as if cradling a baby. The rescuers used newspapers to cover some partially burned books. Bulky machines vacuum-packed delicate paper. At least 16 truckloads with around 50,000 manuscripts, some damaged beyond repair, have been moved from the sidewalks outside the U.S. Embassy and the American University in Cairo, both near the burned institute, to the main library, Abdel-Hady said. He told The Associated Press that there is no way of knowing what has been lost for good at this stage, but the material was worth tens of millions of dollars — and in many ways simply priceless.

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

Not Just Bad Paperwork

In July, Immigration and Customs Enforcement announced that it had indicted four men and dismantled an entire antiquities smuggling network. The indictments in what I’ll call the “Lewis Smuggling Network” alleged that the four men sent objects from Egypt to Dubai before coming to America. The case brings to mind another similar kind of prosecution in which an individual was accused of not properly declaring the history and value of antiquities being imported into the United States. The case offers a number of similarities to an older case involving customs declaration.

In 1980 a gold phiale, called the golden phiale of Achyris, pictured here, probably of Sicilian origin, was sold by a collector in Sicily to another collector and coin dealer, who in turn sold the work to William Veres, an art dealer based in Zurich, Switzerland (it gets confusing and we still haven’t reached the ultimate endpoint). The phiale was offered to Robert Haber, a New York art dealer. Haber acted as a middle man in an eventual sale to Michael Steinhardt for $1.2 million. In December 1991, Haber flew to Switzerland to retrieve the phiale. Upon his return to New York, the customs forms declared the work’s country of origin as Switzerland and its value a mere $250,000. Why did the customs forms lie? To hid and disguise the object’s history.

In 1995, Italy began asking for formal assistance, and the Federal government intervened with a civil forfeiture action. A federal magistrate in New York issued a warrant for the seizure of the phiale from Steinhardt. The U.S. government then instituted a civil forfeiture action against the phiale in federal district court in New York. The district court held that the phiale was subject to forfeiture under 18 U.S.C. § 545. The importation of goods “by means of false statements” is prohibited by 18 U.S.C. § 542 and renders them subject to forfeiture under 18 U.S.C. § 545. The court found that falsely listing the work’s country of origin as Switzerland tainted the importation process and violated § 542. Steinhardt defended on the grounds that he had no knowledge that the object was looted or stolen. The court disagreed, finding that 18 U.S.C. § 545 does not afford an innocent owner defense. Steinhardt appealed the district court’s decision. The Second Circuit affirmed on the grounds that the misstatement of the phiale’s country of origin was material and thus subjected it to forfeiture under 18 U.S.C. § 545.

There are some differences between Steinhardt and the pending case against Mousa Khouli (Windsor Antiquities, NY), Salem Alshdaifat (Holyland Numismatics, West Bloomfield MI), Joseph A. Lewis, II (collector of Egyptian antiquities), and Ayman Ramadan (Nafertiti Eastern Sculptures Trading, Dubai).

This recent case has the Federal prosecutors pursuing charges against the dealers and collector in this case. They are not pursuing the object by itself, but rather they have a case against the whole network. Irrespective of whether Steinhardt, and his intermediary should have known and asked more closely about what they were buying, there were false statements made on the importation documents, just as false statements were alleged to have been made in this recent sting. Both Steinhardt and Lewis held esteemed positions, with power and influence. In Lewis’ case however, the Federal Prosecutors feel they have a much stronger case, with information on the entire smuggling and looting network, not just an isolated false statement on an importation document. In any event, neither Lewis nor Steinhardt will likely consider their cases bad paperwork. Misrepresenting the value and nation of origin is a deliberate attempt to circumnavigate heritage law. And if the government can make its case, there may be some real custodial sentences imposed.

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

Why did the Met Return Objects to Egypt?

A small bronze dog, one of the objects returned to Egypt

You can read what a couple of lawyers think in Marlon Bishop’s story for WNYC:

The Metropolitan Museum of Art has returned 19 objects to Egypt originally found in King Tutankhamun’s tomb. Last November, the Met agreed to give back the artifacts after an internal museum investigation determined it had no right to the antiquities — mostly non-museum quality pieces, ranging from small fragments to a tiny bronze dog — in the first place. On Tuesday, the museum said it had shipped the objects to Egypt.

  1. Marlon Bishop, Metropolitan Museum Returns Antiquities Found in King Tut’s Tomb to Egypt WNYC (2011), http://culture.wnyc.org/articles/features/2011/aug/02/met-museum-returns-antiquities-egypt/ (last visited Aug 3, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

"Groundbreaking" Antiquities Smuggling Ring Investigation

 Immigration and Customs Enforcement (ICE) announced yesterday that it has for the first time “dismantled” an antiquities smuggling network operating in the United States. Charges have been brought against individuals before, but this is appears from the indictment to be a pretty complete looting network, operating in the Middle East and the United States, which has been uncovered. According to the federal indictment four men have been charged with smuggling antiquities into the United States. It alleges that four men operated a smuggling operation which sent objects from Egypt to Dubai and its freeports and on to the United States. The federal agents also note that there was money laundering involved here, perhaps a tangible case implicating organized criminal activities to antiquities smuggling.

Dubai has freeports, much like Switzerland does. These are special areas which allow for the ease of international commerce, but can also be a haven to looters and smugglers. Giacomo Medici of course operated a very posh looted antiquities showroom from a Swiss freeport for many years. As the tension and unrest in many Middle-Eastern countries emerges, will Dubai become a focus for antiquities investigations? A haven for looters? I would suspect that Dubai will be far more willing and able to police and investigate on the looting of objects and stolen artifacts. I have a PhD colleague who currently works in their copyright enforcement force, and I would imagine that if nations ask for enforcement assistance from Dubai, they will likely receive it.


Windsor Antiquities booth in Manhattan, via WSJ

The investigation began when ICE Special Agent Brenton Easter and his team were looking for a terracotta head which was uncovered in Iraq in 2000, and the investigation uncovered an international smuggling ring. This is an example of what appears to be a very successful operation which has targeted all of the individuals in the ring, including the conduit from the thieves or looters in the Middle East, “the broker”, “the individual providing false provenance”, and “the end-all collector”. One of the objects, pictured here was a Greco-Roman-style Egyptian sarcophagus which might be worth as much as $2.5 million.

The indicted men are Mousa Khouli (Windsor Antiquities, NY), Salem Alshdaifat (Holyland Numismatics, West Bloomfield MI), Joseph A. Lewis, II (collector of Egyptian antiquities), and Ayman Ramadan (Nafertiti Eastern Sculptures Trading, Dubai).

  1. ICE makes arrests and seizes cultural artifacts stolen from Egypt, (2011), http://www.ice.gov/news/releases/1107/110714newyork.htm (last visited Jul 15, 2011).
  2. Keith Johnson, Alleged Antiquities Smugglers Busted, wsj.com, July 15, 2011, http://online.wsj.com/article/SB10001424052702304223804576446313624549304.html (last visited Jul 15, 2011).
  3. Kiran Khalid, Feds: Global antiquities smuggling ring dismantled CNN (2011), http://edition.cnn.com/2011/CRIME/07/15/new.york.antiquities.smuggling/ (last visited Jul 15, 2011).
  4. Feds accuse 4 of smuggling Egyptian artifacts, Reuters (2011), http://newsandinsight.thomsonreuters.com/Legal/News/2011/07_-_July/Feds_accuse_4_of_smuggling_Egyptian_artifacts/ (last visited Jul 15, 2011).
  5. Kate Taylor, Federal Authorities Charge 4 People in Antiquities Smuggling, The New York Times, July 14, 2011, http://www.nytimes.com/2011/07/15/arts/design/federal-authorities-charge-4-people-in-antiquities-smuggling.html?_r=1 (last visited Jul 15, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Footnotes

Häuser mit bunter Wäsche (Vorstadt II), by Egon Schiele
  • The Leopold Museum in Vienna is deaccessioning a cityscape by Egon Schiele to raise the money to pay the settlement to the heirs of Lea Bondi Jaray over the disposition of Portrait of Wally.
  • A 500 year-old Nuremberg Chronicle has appeared in Salt Lake, it had been gathering dust in an attic for decades, or so the undisclosed seller has claimed. One wonders if the actual story is a good deal more complicated.
  • A review of a new human history of the Mediterranean notes the study of the island-city of Motya in Sicily has been delayed by looting: 

Motya is just four kilometres square, yet only five per cent has been excavated to date. Archaeological investigations collapsed in 1987 owing to Mafia complicity in pilfering antiquities. In the nearby Sicilian town of Marsala (famous for its fortified wine) a small museum nevertheless displays artefacts. Marsla is incidentally named after the Arab Mars al Allah, “Harbour of God”, after the Saracen invasion of the western Mediterranean in 831.

Here’s a list on which most Egyptologists agree: Consult with local and international agencies and specialists to develop and implement long-term management plans. Train on-site inspectors and give them greater responsibility. Design better security for sites and museums. Allocate more money for site conservation and documentation. Take a strong stand against commercial and political interests that threaten the monuments.

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

Protecting Giza from Looters

Giza

“We are paying the price for a greedy, insatiable and unregulated market.”

So argues Sarah Marei, an antiquities inspector in Egypt. She describes firsthand the attempts to protect sites in   Egypt:

Under normal circumstances the tourist police are responsible for guarding Egypt’s rich ancient history, from monasteries to temples, synagogues to mosques. But the police presence vanished in the revolution and has yet to return to the sites. The individual initiatives on the part of site inspectors and the townspeople from the remote areas is often the only current protection afforded to some of the world’s most unique and magnificent monuments. 

We continue to work everyday on the makeshift salvage operation in Giza. Volunteers regularly turn up and, as we work, stories are exchanged about the looting where gangs of armed men attacked and shot the guards and plundered the site. 

The work we are conducting is not only physically draining but also emotionally exhausting. My anger is initially directed at the looters and my thoughts keep returning to the same question: why are these criminals, who are Egyptians, looting their own history and their nation’s pride in order to sell it? Only if they stand to gain substantially would they go as far, feeding a market that is standing ready and prepared to amply reward them for their troubles; the better the object, the bigger the reward. 

No indication of the market for antiquities is clearer than in the selection of the sites targeted by the looters in the past few months in Egypt. The overwhelming majority is Pharaonic, followed by Islamic, with Coptic and Jewish so far remaining untouched. We are struggling to protect our sites, facing armed men while we have nothing but sticks, because of a demand from personal collections (both inside and outside Egypt) and from rival institutions seeking a competitive edge.

There’s justifiable anger and frustration in the account, and familiar groups to blame: the looters and an unregulated market.

  1. Sarah Marei, Tales from the Egyptian revolution | The Art Newspaper, The Art Newspaper, March 24, 2011, http://www.theartnewspaper.com/articles/Tales+from+the+Egyptian+revolution/23394 (last visited Mar 24, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

U.S. Initiates Forfeiture

The Mask on Display in St. Louis

As expected the United States has initiated a civil forfeiture action over the Ka Nefer Nefer mask purchased by the St. Louis Art Museum in 1998. The government holds a number of important advantages in these forfeiture proceedings, which is why the Museum brought a suit last month to preclude a forfeiture, based on a lapsed five-year limitations period. As the government’s complaint explains, the mask was professionally excavated, so this is not a case of looting and destruction of context. Rather the mask was either stolen later or was given to one of the archaeologists working at the site.

The government’s filing outlines what it suspects happened next: that the mask was stolen sometime between 1966, when it was shipped off to Cairo for an exhibit, and 1973, when the Egyptian Museum in Cairo ran an inventory and discovered it missing. Box number 54, in which it had been packed, was empty. 

In 2006, Egyptian officials learned the St. Louis museum had bought the mask from Phoenix Ancient Art, in New York. 

The museum has said it thoroughly researched the mask’s ownership history before buying it, and was given no indication that there were questions about how it arrived in the U.S. 

The museum’s research showed the mask was part of the Kaloterna private collection during the 1960s, before it was purchased in Switzerland by a Croatian collector, Zuzi Jelinek, who then sold the mask to Phoenix Ancient Art in 1995. 

It also maintains in its lawsuit that the government’s statute of limitations for seizing the mask has expired.

  1. U.S. demands art museum hand over Egyptian artifact | Reuters, Reuters, March 16, 2011, http://www.reuters.com/article/2011/03/17/us-museum-mask-idUSTRE72G06E20110317?feedType=RSS&feedName=domesticNews (last visited Mar 17, 2011).
  2. Jennifer Mann, Government sues to seize St. Louis museum’s mummy mask, St. Louis Post-Dispatch, March 17, 2011, http://www.stltoday.com/news/local/metro/article_98d72244-9976-5b8a-a73d-5c211c6a771b.html (last visited Mar 17, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Armed Attack on Antiquities Storehouse in Egypt

After the resignation of Zahi Hawass, there are reports of looting and theft including one disturbing report from Kafr el-Sheikh on Saturday:

Forty armed men attacked an antiquities warehouse in the northern Egyptian city of Kafr el-Sheikh on Saturday, shooting at warehouse security men and injuring several, state news agency MENA said. The attack is the second attempt to rob Kafr el-Sheikh’s Tal al-Faraeen (Hill of the Pharaohs) antiquities warehouse since Jan. 25, the first day of the nationwide protests that toppled President Hosni Mubarak on Feb. 11.
…
The warehouse doors were destroyed as were display cases, MENA cited the Head of the Central Department of Lower Egyptian Antiquities Mohamed Abdel Maksoud as saying. Some of the attackers had been caught, while others had escaped, he said.

In a statement on his blog yesterday, Hawass confirmed these reports.

So what concrete steps can be taken now? Chris Marinello and the Art Loss Register have pledged their support, but their efforts require the authorities in Egypt to notify them of the specific objects which have been taken. Larry Rothfield argues that while public statements are a necessary step, they have no real effect. He argues institutions should call on their members to help identify and reclaim missing objects, and to pool resources to hire locals and security personnel to protect storehouses and sites. He also suggest financial and logistical support could be provided by the United States to help Egyptians secure and guard their sites.

  1. Forty armed men attack Egypt antiquities store-MENA, Reuters, March 5, 2011, http://af.reuters.com/article/egyptNews/idAFLDE7240E820110305 (last visited Mar 7, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com