Operation Demetra and familiar names

The Aidone goddess, likely depicting the Earth goddess Demeter at the Archaeological Museum in Aidone.

Police in Spain, Germany, the United Kingdom, and Italy have announced arrests in a four year investigation named Operation Demetra. The name for the investigation has a bit of history, which it may be worth remembering. Demeter, the ancient Greek Earth goddess was likely depicted in the notorious Getty goddess. The Getty mistakenly referred to her as Aphrodite.

As many of you likely know, the story of this and other illicit acquisitions by the Getty, and the tax fraud perpetrated to pay for much of this is described in the terrific book, Chasing Aphrodite. In a nutshell: The statue was first smuggled from Morgantina. Looters broke her into pieces, and it was acquired by the Getty in 1988 for $18 million. While at the Getty, it was described as the finest classical piece of sculpture in North America, perhaps even outside of the Mediterranean and Europe.  She was brazenly referred to for a while as the Getty Goddess, before ultimately being returned to the small archaeological museum at Aidone after evidence of the statue’s theft and connection to organized crime groups in Sicily helped build a case for return. Aidone and this part of Sicily are covered in wheat fields, the choice of using Demeter for a codename, goddess of the Earth and the wheat harvest was certainly intentional.

These objects were likely looted from archaeological sites in Sicily, and the investigation recovered an astounding 25,000 objects including coins, statues, and pottery fragments.

One of the individuals arrested was Thomas William Veres in London, a man of Hungarian origin antiques dealer who has long been involved in trafficking illicit material from Sicily to other parts of Europe and abroad. Police told reporters that:

The London art merchant Thomas William Veres commanded a transnational criminal holding that was able to traffic considerable quantities of Sicilian archaeological artifacts . . .

He was prominently featured in a case of another Sicilian antiquity, the Gold Phiale case. In 1991 Veres helped transport an ancient Greek Phiale (plate) to Switzerland where it was sold to Michael Steinhardt for $1.2 million. Veres was referred to by Federal prosecutors as a Swiss art dealer. Veres and another art dealer, Robert Haber, revealed how little faith they had in the licitness of the gold plate when in the purchase agreement with Steinhardt thy agreed that:

If the object is confiscated or impounded by customs agents or a claim is made by any country or governmental agency whatsoever, full compensation will be made immediately to the purchaser.

Steinhardt’s customs agent failed to accurately disclose the purchase price and the location of the plate, which ended up setting an important precedent for customs forfeitures and the use of civil forfeiture by Federal prosecutors in the United States for securing the return of illicit material.

It likely came as no surprise then to many who follow the antiquities trade that the name William Veres appeared in the news reports of arrests stemming from Operation Demetra. That investigation reveals a massive looting, smuggling, and counterfeit operation involving the movement of authentic and inauthentic material across borders, where histories were fabricated, and sales routinely took place.

John Phillips & Justin Huggler, Italian Police Smash £30m International Ancient Artefact Smuggling Ring, The Telegraph, Jul. 4, 2018, https://www.telegraph.co.uk/news/2018/07/04/italian-police-smash-40m-international-ancient-artefact-smuggling/.

Steinhardt, pretrial discovery, and 1000 antiquities

Image result for Guennol Stargazer
The Guennol Stargazer, an anatolian marble female idol of Kiliya type. Chalcolithic period, c. 3000-2200 BC. 9 in (22.9 cm) high.

Michael Steinhardt has been involved in over 1,000 antiquities transactions, and he is not eager to discuss the details of any of them. That’s my key takeaway from a recent Magistrate Judge’s order which may throw a good deal of daylight on many of those 1,000 transactions through pre-trial discovery. The suit involves the Republic of Turkey, represented by Herrick, Feinstein LLP, in the ongoing lawsuit between the Republic of Turkey, Christies, and Steinhardt involving the Guennol Stargazer. That could have big implications for future potential repatriation suits involving material which passed through Steinhardt and dealers he was associated with. If he has been involved in 1,000 antiquities transactions, we could be looking at a large amount of new information coming to light. It may also lead to more actions by the Manhattan District Attorney‘s office like the one earlier this year.

First, a few observations about Mr. Steinhardt. He is a billionaire. He was one of the first hedge fund managers. He has generously funded many cultural exchanges, including the Jewish Birthright movement which pays for Jews to return to Israel. He also has a gallery named after him at the Metropolitan Museum of Art in New York, and serves on Christie’s advisory board. He has also been subject to many repatriation and forfeiture lawsuits, two notable ones including an ancient Greek gold Phiale from Sicily, and an Etruscan tomb fragment. 

His dispute with Turkey involves a small sculpture which dates to the third millennium BCE, and was sold for a reported $14.5 million at Christie’s Auction House in New York on April 28, 2017. Soon after the Republic of Turkey brought suit against the auction house and the consignor, Michael Steinhardt.

At the time the ministry of Culture of Turkey published a full-page letter in the New York Times demanding repatriation of objects which have been illegally removed from that country.

Image result for turkey full page new york times letter
An Open Letter from the Turkish Ministry of Culture which ran in the New York Times in 2017, featuring the Guennol Stargazer.

Turkey brought suit in advance of the contemplated sale on April 27, 2017. Turkey sought to block any potential sale, and was denied that request. However District Judge Nathan did agree to an accession by Christie’s which would delay for 60 days the receipt of any funds by the winning bidder, and to retain possession of the object. Soon after Turkey amended its complaint on May 26, 2017 re-asserting claims that the Figure had been removed from Turkey at some point prior to 1966 in violation of Turkey’s National Patrimony Law. In the complaint, the lead attorney Lawrence Kaye argued that Turkey has had since as far back as 1906 national ownership of all undiscovered antiquities in Turkey. The only known published provenance for the Figure from Christies was the following:

Alastair Bradley and Edith Martin, New York, acquired 1966 or prior; thence by descent. with the Merrin Gallery, New York, acquired from the above, 1993. Acquired by the current owner from the above, 16 August 1993.

That current owner was Michael Steinhardt. Which brings us to the recent ruling by Magistrate Judge Aaron. The parties at this point, Christie’s and Steinhardt on one side; and Turkey on the other, are presently engaged in the pretrial discovery process. This involves Turkey asking for as much information as possible about how Steinhardt acquired his antiquities. What was his diligence before every acquisition? What if any concerns were raised? Steinhardt is justifiably reticent to hand over all of that information. As Magistrate Judge Aaron summarizes in his decision, Turkey “argues that Steinhardt’s ‘habits and practices’ with respect to antiquities transactions even after his 1993 acquisition of the Idol are relevant.” But the ultimate discovery was limited to “Steinhardt’s antiquities transactions up to and including December 31, 2006”, which was limited in two important ways. First, any transactions by Steinhardt in Anatolian antiquities; and also any antiquities transactions by Steinhardt which involved John J. Klejman. Klejman was according to Thomas Hoving, one of his favorite “dealer-smugglers“. Klejman had also handled the series of objects known as the Lydian Hoard, which was sold to the Metropolitan Museum of Art in 1966, and which was returned to Turkey in 1993.

The pre-trial discovery process in America can be a long carefully argued process with each party arguing about how much or little information should be conveyed to the other parties in a lawsuit. Though Mr. Steinhardt has demonstrated a willingness to aggressively litigate to defend his possession or in this case sale proceeds of antiquities, he has not always been successful. At the very least this recent ruling highlights just how much information may be discoverable, how many transactions he was engaged in, and raises an important point moving forward. If this material is not transmitted back to nations of origin, or if a nation of origin cannot be ascertained, what Museum would want this collection of objects with incomplete histories? Wouldn’t we have a much more interesting story to tell about the Guennol Stargazer if we know which tomb it came from? David Gill has speculated that the Guennol Stargazer may have been found with a similar Stargazer which has been acquired by Shelby White.

Republic of Turkey v. Christie’s Inc., No. 1:17-cv-03086 (AJN) (SDA), 2018 BL 170526 (S.D.N.Y. May 14, 2018), available at https://scholar.google.com/scholar_case?case=14654938921966793717&hl=en&lr=lang_en&as_sdt=6,44&as_vis=1&oi=scholaralrt
  1. Suzan Mazur, Klejman or Hecht?–Who Sold the Guennol Stargazer to Tennis’s Alastair Martin?, Huffington Post (Sept. 19, 2017), https://www.huffingtonpost.com/entry/klejman-or-hecht-who-sold-the-guennol-stargazer-to_us_59c03f89e4b082fd4205b935.
  2. Smuggled Anatolian idol sold in US, Hürriyet Daily News, http://www.hurriyetdailynews.com/smuggled-anatolian-idol-sold-in-us–112576.
  3. Sam Hardy, The antiquity of the Guennol Stargazer – legal, looted, fake?, conflict antiquities (Mar. 0, 2018), https://conflictantiquities.wordpress.com/2018/03/09/turkey-guennol-stargazer-legal-looted-fake/.

 

Manhattan DA Seizes more matarial from Steinhardt

Images supplied by the Manhattan DA’s office of the objects seized from Steinhardt

Manhattan prosecutors have continued to pursue the seizure of antiquities in 2018. Yesterday the NYT reported that investigators seized several antiquities from Michael Steinhardt. Steinhardt has been the focus of much of the investigative thrust directed at the antiquities trade. Chasing Aphrodite thoroughly discussed Steinhardt in the recent seizure of a Bull’s head originating from Lebanon. Steinhardt is a noteworthy figure as he was an early pioneer in hedge funds, reportedly worth billions, who has also collected antiquities. One of the galleries in the Metropolitan Museum of Art in New York is named for him. He has also continued to acquire antiquities even as investigations and repatriations have continued in recent decades.

The Manhattan district attorney, Cyrus R. Vance Jr. has done much to use his office to secure the return of looted antiquities. That trend looks to continue with the creation of a new Antiquities Trafficking Unit, led by  assistant district attorney Matthew Bogdanos, a Marine who investigated the theft and looting of antiquities from Iraq during the U.S.-led invasion in the early 2000s. The investigation into these objects joins a long list of other investigations that the Manhattan DA’s office has successfully undertaken in 2017, including the return of a marble bull’s head to Lebanon which had been on loan to the Met, the return of an ancient limestone bas-relief on display at the European Fine Art Fair a the Park Avenue Armory, the return of a remnant from one of Caligula’s ships perhaps stolen from an Italian Museum before the Second World War, and other investigations.

These investigations have resulted in the seizure of a great deal of material. Prosecutions of individuals remain elusive. Steinhardt has had very valuable antiquities seized from him before, yet he has continued to acquire this material. Whether this investigation will be able to change his behavior, and the behavior of others is an open question. The Manhattan DA’s office would not comment on the specific grounds for the seizures of these objects, other than the use of New York’s state theft statute. The NYT notes that though Steinhardt has had many object seized, he has not been the subject of any charges for possessing this allegedly stolen material.

The NYT reported that the material seized from Steinhardt included:

[A] Greek white-ground attic lekythos — or oil vessel — from the fifth century B.C., depicting a funeral scene with the figures of a woman and a youth, according to the search warrant. It is worth at least $380,000.

Also seized were Proto-Corinthian figures from the seventh century B.C., depicting an owl and a duck, together worth about $250,000. The other pieces included an Apulian terra-cotta flask in the shape of an African head from the fourth century B.C.; an Ionian sculpture of a ram’s head from the sixth century; and an attic aryballos, a vessel for oil or perfume, from the early fifth century. The objects were all bought in the last 12 years for a total cost of $1.1 million, according to the warrants.

  1. James C. McKinley Jr., Looted Antiques Seized From Billionaire’s Home, Prosecutors Say, The New York Times, January 5, 2018, https://www.nytimes.com/2018/01/05/nyregion/antiques-seized-from-billionaire-michael-steinhardt-cyrus-vance.html (last visited Jan 6, 2018).
  2. Art Traffickers Beware: The Manhattan DA Is Deploying a New Unit to Combat NYC’s Antiquities Crime Wave, (2017), https://news.artnet.com/art-world/manhattan-antiquities-traficking-unit-1182896 (last visited Jan 6, 2018).

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.

Continue reading “Context for the Hobby Lobby antiquities forfeiture”

On that funerary statue seized in the UK

HMRC seized this funerary statute because it was misdeclared
HMRC seized this funerary statute because it was misdeclared

Janet Ulph has given a helpful overview of the seizure by UK Customs of this funerary statue. The statue was seized after Her Majesty’s Revenue and Customs said the statue was “misdeclared”. It was declared as a statue from Turkey, with an estimated value of $110,000. Yet HMRC alleged the statue originated from Cyrene, Libya and its value was closer to £1.5m.

Continue reading “On that funerary statue seized in the UK”

United States v. One Triangular Fresco Fragment

The fresco fragment from a tomb in Paestum, via chasingaphrodite.comThe Chasing Aphrodite blog has the story of a noteworthy new federal forfeiture involving billionaire hedge-fund manager and buyer of antiquities, Michael Steinhardt. At issue is this lovely fresco allegedly looted from Paestum. The name Steinhardt will likely be a familiar one as he was a claimant who lost another federal forfeiture action over the Gold Phiale, which helped set useful precedents for federal prosecutors.

The Federal prosecutor’s complaint alleges the importation of the fresco violated US customs law, §1595a, which prohibits the importation of objects contrary to law. The fresco was part of a FedEx shipment into Newark in 2011 that was detained by Customs and Border Protection. the shipment had a customs declaration form, but again, just like with the Godl Phiale case there appears to been misstatements on the customs form with respect to the country of origin for this object. The form declared the origin to be Macedonia, while the complaint alleges the fragment was taken from a tomb in Paestum.

The provenance for the object claims that the fresco was acquired by Lens Tschanned from a Swis art gallery in 1959, and it had been in his home from then until April of 2011. The fresco had no export permissions.

Customs and Border Protection contacted the Italian Carabinieri, and the Tutela Patrimonio Cultrale was able to identify the object as the pediment of a painted tomb north of Paestum in present-day Salerno. This site is known as the necropolis of Andriuolo. The complaint alleges that the figures on the fresco in question are painted in mirror image to another fresco from tomb 53 suggesting they may have likely been installed on different sides of the same tomb.

Here’s the mirror image fresco from tomb 53, which is not on display at the National Archaeological Museum in Paestum. Federal prosecutors appended both of these images in the complaint:

The Mirror image fresco from Paestum
The Mirror image fresco from Paestum

Chasing Aphrodite gives some background of the company Mat Artcare, based in Switzerland:

Mat Securitas is the same Swiss shipping service that transported the Getty Museum’s looted goddess of Aphrodite from Switzerland to London. (See Chasing Aphrodite p. 148).Their motto is “Safe. Discrete. Reliable.”

Will Steinhardt litigate this dispute as aggressively as he did in the 1990’s with the Gold Phiale forfeiture? The Federal complaint makes an extremely compelling case that this fragment was looted from a tomb in Paestum. It’s connection to macedonia seems ludicrous when compared to the other pediment which was excavated and is on display at the museum there.

Complaint, United States v. One Triangular Fresco Fragment, CV 136286 (S.D.N.Y. 2013).

Steinhardt Redux: Feds Seize Fresco Looted from Italian World Heritage Site, Destined for New York Billionaire CHASING APHRODITE, Nov. 18, 2013.

Prosecutors Allege Customs Violations in Koh Ker Statue Forfeiture

Prosecutors have amended their complaint which seeks to forfeit this Koh Ker Khmer statue. Much of the press coverage focuses on whether the colonial French government or some other legal enactment created ownership rights in the statue before the time it was removed.  I don’t have a pacer account and access to these court filings, but based on the reporting it appears prosecutors saw a difficult path to victory in attempting to apply colonial French law to the statue. Instead they are also seeking a more straightforward argument: arguing that the importers of the statue lied on their customs forms. From the NYT:

Prosecutors say that in 2010, when the statue was being imported into the United States, the owner submitted an inaccurate affidavit to American customs officials, at Sotheby’s request, stating the statue was “not cultural property” belonging to a religious site. The government contended in its filing on Friday that both parties knew the statue, a mythic Hindu warrior known as Duryodhanna, valued at up to $3 million, was stolen when they agreed to ship it from Belgium to New York. The government says it can prove that the statue in fact came from a Khmer Dynasty temple, Prasat Chen, part of a vast and ancient complex called Koh Ker.

If prosecutors can establish these statements were inaccurate, the more difficult question of which law might apply to the statue would be largely irrelevant. This is the same legal principle used when prosecutors successfully forfeited a 4th-century B.C. ancient golden phiale from Michael Steinhardt in 1999. Lying to customs officials is a violation of the law, with its own forfeiture provision. If the prosecutors can establish this, a successful forfeiture seems very likely.

  1. Tom Mashberg & Ralph Blumenthal, Sotheby’s Accused of Deceit in Sale of Khmer Statue, The New York Times, November 13, 2012, http://www.nytimes.com/2012/11/14/arts/design/sothebys-accused-of-deceit-in-sale-of-khmer-statue.html (last visited Nov 14, 2012).
  2. United States v. An Antique Platter of Gold, 184 F. 3d 131 (2nd Cir. 1999).
Questions or Comments? Email me at derek.fincham@gmail.com

Shelby White at the Met

Kate Taylor, of the New York Sun, has lengthy and extremely interesting article on Shelby White, a generous benefactor to the Met, who has also been accused by Italy of purchasing unprovenanced antiquities. The article notes that Michael Steinhardt, a friend of White’s (and who also is a proprietor of the Sun) believes White’s collection has been singled out by Italy for 2 reasons: her collection is published which allows the authorities to check the antiquities against criminal investigations, and she and her husband have been very generous.

Steinhardt is quoted as saying “She and her husband, Leon, have been generous to a fault to all sorts of institutions… Therefore she is a ripe target. Those people who are pursuing her don’t seek justice; they seek victory… Further, I would say, Shelby has stood alone, and was not as strongly defended as she should have been by those very institutions to whom she had been a too-generous donor.”

Steinhardt is not exactly an impartial actor here though. A phiale was seized from his home in 1997 because the customs declaration form was clearly misstated. Interestingly, had the customs form been accurate, and even if it was conclusively shown the phiale had been illegally exported from Italy, there would have been no legal claim for the objects return. The phiale was seized because the customs form was incorrect.

In any event, the article on White highlights the tension Museums are now facing as they change their acquisition policies, and that may require them to refuse donations from wealthy benefactors who have been collecting for many years, many times without being careful about the provenances of objects which they have acquired.

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