Context for the Hobby Lobby antiquities forfeiture

An image of one of the cuneiform tablets which accompanied the government’s forfeiture complaint.

Federal prosecutors in Brooklyn have announced  a civil forfeiture proceeding against 5,500 objects from Iraq. The current possessors of the objects have also quickly announced they will not contest the forfeiture, and have agreed to pay a $3 million fine.   The objects were imported by Hobby Lobby and its president, Steve Green, to create the Museum of the Bible in Washington D.C.

The Museum of the Bible, set to open in November near the National Mall in Washington D.C., has been rapidly acquiring antiquities from the Middle east for the last several years. History shows this kind of rapid acquisition with generous financial backing will inevitably lead to buying objects which may be looted, illegally exported, stolen, or orphaned. The questions surrounding the quick acquisition of all these objects has generated speculation for many years that these objects would cause legal difficulties for the museum.

The government’s civil forfeiture complaint tells a fascinating story of how Green traveled to the United Arab Emirates in July of 2010 and agreed to purchase 5,548 objects, including “500 cuneiform bricks, 3,000 clay bullae, 35 clay envelope seals, 13 extra-large cuneiform tablets, and 500 stone cylinder seals”. These objects were then then shipped via Federal Express to Oklahoma City to various different addresses of Hobby Lobby and its subsidiaries. The complaint notes an important reality of customs—not every shipment raises suspicion. Only some of the shipments of this material were seized by customs agents. Five shipments which traveled through Memphis, Tennessee were seized between January 3-5 of 2011. Other shipments successfully reached their destination in Oklahoma City.

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Evaluating the Damage done at the Mosul Museum

This large hole in the floor of the museum allowed looters to carry away smaller portable antiquities

As Iraqi forces are slowly gaining ground against ISIL fighters in Mosul, journalists have been shown the damage done to the museum in Mosul. The museum now sits almost completely empty, with many objects either carted away or smashed.

To be clear though, many of the objects in the museum had been taken away from the museum, an estimated 75% of the collection, as the museum was slated for renovation. Even some of the objects that were damaged and destroyed in the ISIL videos were likely museum-quality reproductions, so though the damage looked to have been catastrophic, many things survived. As for the portable objects, that material seems destined for the international antiquities market, likely with a fabricated history.

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House Task Force discussing Terrorism Financing and Antiquities

This morning a Congressional Task Force to Investigate Terrorism Financing is discussing terrorism and the antiquities trade:

Witnesses include:

Here is the Memo prepared by the Congressional Research Service prepared for the House Committee on Financial Services:

 

041916 Tf Supplemental Hearing Memo

Legal Questions over the acquisitions by the Museum of the Bible were inevitable

Artist rendering of the museum of the Bible
Artist rendering of the museum of the Bible

Steve Green has amassed 40,000 objects since 2009 for his Museum of the Bible. His name may be familiar, he’s President of Hobby Lobby (and one of the major funders of a successful Supreme Court challenge which allows employers to opt out of paying for insurance on religious grounds, which pays for some health care). Given that nearly all of those 40,000 objects originated from the Middle East, and given the unstable situation in that part of the world, where armed conflict has made securing heritage difficult, there was always a strong likelihood that a substantial amount of that material may have been looted, stolen, illegally exported, or even faked. The illicit nature of that material may be about to put the future of the museum in serious jeopardy. The Museum of the Bible will sit very near the National Mall, an important national space where the Smithsonian, the National Gallery, the Air and Space Museum, and other museums sit. America has reserved this space as a place for museums, so the optics of having a new museum filled with tens of  potentially looted artifacts should not be underestimated.

Candida Moss and Joel Baden reported for the Daily Beast that Federal investigators are looking at whether the Greens have illegally imported objects from Iraq. One of the allegations is that some objects were misdeclared on customs paperwork:

If the investigation ends with a decision to prosecute, on either criminal or civil charges, the Greens may be forced to forfeit the tablets to the government. There may also be a fine involved. The Green family, who successfully forced the federal government to legally recognize their personal moral standards, now find themselves on the other side of the docket, under suspicion of having attempted to contravene U.S. laws. . . .

When Summers spoke with us, he made it sound as if the ongoing federal investigation was simply the result of a logistical problem. “There was a shipment and it had improper paperwork—incomplete paperwork that was attached to it.” That innocuous phrase—“incomplete paperwork”—makes it sound as if some forms were simply missing a date or a signature. That is rarely the case with questionably-acquired ancient artifacts—and were the problem merely logistical, the chances are slim that it would take four years to resolve.

Summers suggested that the tablets were merely “held up in customs,” as if this was merely a case of bureaucratic delays. “Sometimes this stuff just sits, and nobody does anything with it.” But an individual close to the investigation told us that investigators have accumulated hundreds of hours of interviews, which doesn’t sound like bureaucratic delay—and which also suggests that there is more at stake here than merely a logistical oversight.

Gary Vikan, formerly of the Walters Art Museum, noted in an Op-Ed last week that Henry Walters amassed a relatively modest 1700 works from an Italian priest in 1902 and discovered many illicit works, including fakes which were purportedly by Titian, Raphael, and Michelangelo. The test according to Vikan will be whether the Greens will undertake the kind of rigorous study and authentication required of a serious cultural institution:

The collection in its entirety must, of course, be properly conserved and safely preserved — including those works the staff does not plan to exhibit, both for scholars, and in anticipation of possible repatriation claims.

This process, done right, will entail significant expense, but just a tiny fraction of what has already been invested. And it will go a long way toward repairing the Greens’ reputation as responsible stewards. As the Walters example suggests, there is a place in the profession for ex post facto due diligence on high-speed collecting: if you can’t get it right at first, make sure you do it right later. Full transparency is also the ticket price for membership in the museum and academic worlds to which the Greens aspire.

I urge Steve Green to announce that this approach is part of his strategic agenda, that it has his full support, and that its urgency is no less than that of his new museum. Should these efforts reveal specific evidence of illegally excavated and/or exported works from, for example, Iraq, I would urge Green to initiate an open, good-faith dialogue with officials in the country of origin and with the U.S. State Department, with the aim of repatriation.

What’s done is done. Now is the time to look toward the future, and to act.

In many respects these problems were predictable and foreseeable. The age when you could spend freely on the international antiquities market are gone. Buyers must be more careful. Another consideration I suppose is whether it would have even been possible to put together a museum of the bible if those questions were asked. Perhaps not.

  1. Gary Vikan, Probe of Steve Green’s antiquities may be inevitable; his response is not (COMMENTARY), The Washington Post, October 30, 2015, https://www.washingtonpost.com/national/religion/probe-of-steve-greens-antiquities-may-be-inevitable-his-response-is-not-commentary/2015/10/30/3d8ad5dc-7f42-11e5-bfb6-65300a5ff562_story.html?postshare=3961446266414312 .
  2. Candida Moss, Joel Baden, Exclusive: Feds Investigate Hobby Lobby Boss for Illicit Artifacts The Daily Beast (2015), http://www.thedailybeast.com/articles/2015/10/26/exclusive-feds-investigate-hobby-lobby-boss-for-illicit-artifacts.html .

Leaked records hint at how much ISIS makes on antiquities

Image of some of the objects seized in the May raid, returned to the Baghdad national museum in July, Vivian Salama/AP
Some of the objects seized in the May raid in Syria, returned to the Baghdad national museum in July, Vivian Salama/AP

On Monday, on the blog Jihadology, we got some fresh insight into how ISIS makes its money. They have a short-term financial strategy that relies primarily on seizures and confiscations they classify as taxes. Relatively little comes even from oil revenues, and an even smaller amount comes from the sale of antiquities. The information comes from terrorism researcher Aymenn Jawad al-Tamimi, who has secured leaked documents from the IS’ financial ministry for a portion of Eastern Syria.

As he pointed out, without firm numbers, estimating just how much revenue ISIS can scrape together from its territories has been a guessing game. Estimates are based on potential revenue from sales of oil and gas; antiquities; taxation; and other streams of revenue. But now we have some firmer figures.

Zelin analyzes the data and concludes based on these documents:

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Special Heritage issue of Near Eastern Archaeology

NEA78-3_cover-1The Journal of Near Eastern Archaeology has a special issue covering the “Cultural Heritage in the Middle East”. There are ten contributions covering Iraq, Syria, Egypt, Libya, and Afghanistan. All of the contributions are available on JSTOR. From the contents:

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Bauer on the Implications of the Destruction in Syria and Iraq

Thge Temple of Bel complex in Palmyra Syria, taken in 2010, one of the best-known at-risk sites in Syria
The Temple of Bel complex in Palmyra Syria, taken in 2010, one of the best-known at-risk sites in Syria

Alexander Bauer, Chief Editor of the International Journal of Cultural Property has written an editorial arguing the destruction in Iraq and Syria though tragic also allows new approaches which can move beyond the old entrenched cultural property arguments. From the introduction:

In the dozen years I have edited the IJCP, I have chosen not to write editorials, as I have preferred to let the content of the journal speak for itself. As this issue was going to press, however, a series of events unfolded that I felt needed to be addressed. Over the past months, the self-proclaimed “Islamic State” (“IS”)—an armed militia with neo-medieval political aspirations in war-torn Syria and Iraq—has undertaken a direct assault on the archaeological remains of northern Mesopotamia, claiming that such art is idolatrous and thus forbidden in Islamic law. While looting of archaeological sites has been widespread and systematic in the region for at least the past two years, the destruction garnered international headlines in February and March 2015 when IS put sledgehammers to Assyrian statues and other artifacts in the museum of Mosul, then proceeded to bulldoze and ransack the spectacular sites of Nineveh, Nimrud, and Hatra, among others. The wantonness and scale of these destructive acts have been shocking, and certainly for anyone concerned with the preservation of cultural heritage, a terrible tragedy. This almost immediately brings to mind parallels with the Taliban’s destruction of the Bamiyan Buddhas, whose destruction fueled a resurgence of arguments in favor of Western museums’ collection of antiquities in order to “save” them from a similar fate. Of course, the Bamiyan episode was not so straightforward, and in some ways, the efforts of Western organizations to intervene on the Buddhas’ behalf may have made matters worse.  Arguably, the destruction in Iraq and Syria is even more widespread, insidious, and complicated. It is thus difficult to know how best to respond to it, and what the implications of any responses will be.

In spite of the complexity of the situation, I want to address and critically confront three reactions that are likely to develop or be reinvigorated within current debate on how to respond to such destruction. It is my hope that we can use these terrible events to discuss new ways of approaching the issues of heritage acquisition and preservation rather than fall back into old and counterproductive positions.

It’s an important statement, and one that the Journal has made publicly available free of charge.

Alexander A. Bauer, Editorial: The Destruction of Heritage in Syria and Iraq and Its Implications, 22 Int’l J. of Cultural Prop. 1 (2015).