by Amineddoleh & Associates LLC | Jul 7, 2017 |
Photo courtesy of U.S. Immigration and Customs Enforcement (ICE)
The owners of Hobby Lobby, a devoutly Christian company, have been profiled during the past few years for their questionable acquisitions of historic artifacts and the lack of reputable provenance research related to those items. The problems related to their purchases were publicly aired years ago, with evidence that the company acquires looted items from the Middle East. However, earlier this year, Hobby Lobby came under government scrutiny, leading to a civil forfeiture of thousands of artifacts.
As an advocate for responsible acquisition practices, it was an honor to consult with the Eastern District of New York regarding national and international cultural heritage laws related to purchases made by Hobby Lobby. The substance of the consultation with the government is confidential, however the US Attorney’s Office has officially released some very interesting information about the case. The most distressing, and unusual, aspect of the case is the fact that Hobby Lobby actually consulted with a cultural heritage expert back in 2010. Not only did the company confer with an expert, but they chose one of the most well-respected heritage experts in the world, a woman who has devoted her career to the protection of heritage items, Prof. Patty Gerstenblith. Yet contrary to Gerstenblith’s advice, Hobby Lobby continued to acquire objects that she warned them against purchasing due to the high probability that the pieces were looted.
What is the purpose of consulting with an expert, if that expert’s advice is not followed? It isn’t simply willful ignorance, but it is willfully ignoring important information. Why were red flags disregarded? Hobby Lobby defended itself in their public statement, “The Company was new to the world of acquiring these items, and did not fully appreciate the complexities of the acquisitions process. This resulted in some regrettable mistakes. The Company imprudently relied on dealers and shippers who, in hindsight, did not understand the correct way to document and ship these items.” But that is not believable since the company had access to information from one of the world’s leading heritage experts.
Another troubling aspect of this case relates to the company’s misrepresentations related to the nature of the goods. Not only did Hobby Lobby lie about the origin of the objects on customs forms, but they also lied about the value of those pieces. Information about the value and origin of an object is “material.” 18 USC 542 deems it a crime to import goods into the US by means of false statements, while 18 USC 545 makes it a crime to smuggle objects into the US.
The circumstances in this case reveal a great deal about the greed and secrecy in the art and antiquities markets. And although the company has agreed to return the artifacts and pay a $3 million fine, the result can never reverse the negative effects from acquiring looted antiquities.
Please return to this blog in the coming weeks for an upcoming article about red flags in the art and antiquities collecting world and for information about the due diligence process for the acquisition of heritage items.
UPDATE: Leila’s piece for Artnet about some of the legal strategies behind the Hobby Lobby matter: https://news.artnet.com/art-world/why-hobby-lobby-verdict-1021247
by Amineddoleh & Associates LLC | Jun 14, 2017 |
The Getty Villa has long been scrutinized for acquiring objects without complete provenance, in turn, supporting the market for looted antiquities. These questionable activities were the focus of Chasing Aphrodite. The book delves into the often hidden world of museum management, exposes some of the unethical practices of museum employees, and examines the purchase of looted items, including the famed Venus of Morgantina (perhaps actually a representation of Persephone) that was eventually returned to Sicily. During the past decade, the Getty has returned dozens of looted items to Mediterranean nations. In 2006, the museum returned or committed to return four looted items to Greece. Then in 2007, in the wake of the Metropolitan Museum of Art’s return of the Euphronios Krater, the Getty signed an agreement to repatriate 39 items to Italy.
Then yesterday it was announced that the museum would
return a 1st century BC statue of Zeus. Italian authorities proved that the object had come from an area near Naples after they found a fragment believed to join the figure. To support their demand for restitution, the authorities noted that there is no documentation of legal export of the statue from Italy. Interesting, the work was sold to the museum by
Lawrence and Barbara Fleischman (who have been implicated in other illicit antiquities claims) at the time that the now-disgraced
Marion True was still the Getty Villa’s senior antiquities curator.
We are still awaiting progress made on issues related to the extremely valuable and historically significant “
Victorious Youth” (also known as the “Fano Athlete” or “Getty Bronze”). As the statue is the only extant statue by Lysippos (Alexander the Great’s personal sculpture), its significance cannot be overstated. For this reason, the statue has become a fixture in the Getty’s collection, but remains a treasure that Italian authorities are actively hoping to recover.
by Amineddoleh & Associates LLC | Jun 6, 2017 |
Join Amineddoleh & Associates LLC in Washington, DC next week as our founding partner, Leila Amineddoleh, will speak at the Cultural Heritage Preservation Law Conference hosted by the National Trust for Historic Preservation and Georgetown University Law Center. The event promises to be a great one, as the conference includes many experts in the heritage field.
To attend the conference, register here: http://forum.savingplaces.org/learn/conferences-training/plt/law
by Amineddoleh & Associates LLC | May 26, 2017 |
Yesterday Amineddoleh & Associates LLC had the honor of attending the repatriation ceremony for a collection of ancient artifacts returned to the Italian Republic. Manhattan District Attorney Cyrus R. Vance, Jr. recognized the importance of returning antiquities and honoring their repatriation with a ceremony and press release. He noted that the trade in looted objects signals the willingness of collectors and institutions to condone this harmful practice, and that efforts should be made to halt the trade in looted works. The seized pieces were returned to the Consul General of Italy in New York, Francesco Genuardi who thanked the DA for “achieving another important result in the fight against the international smuggling of antique artifacts.”
The role of Amineddoleh & Associates LLC in the ongoing federal seizures and repatriations is as an expert legal consultant on the topic of international cultural patrimony laws. The Republic of Italy arguably has the best laws protecting cultural patrimony, or at least some of the most stringent and protective ones. In addition, Italian law enforcement agents have been celebrated for their successful protection and recovery of artifacts. The Comando Carabinieri Tutela Patrimonio Culturale (the Carabinieri Headquarters for the Protection of Cultural Heritage) is the best trained and most successful unit protecting heritage sites, preemptively halting the plunder of heritage, and demanding the return of nationally owned objects.
Yesterday’s repatriation ceremony after the seizure should be viewed as an example to collectors, dealers, and other art institutions. The US government treats these crimes seriously and will pursue the rightful return of plundered goods. Assistant District Attorney, and famed cultural heritage preservationist, Matthew Bogdanos, is a inspiring advocate for the rightful restitution of cultural property. During the ceremony, he spoke about the well-documented cultural plunder that occurred in Italy, and the impossibility of determining the number of objects that have been looted. Some have appeared on the art market, however many are still hidden in private and public collections. Congratulations to the US and Italian agents working on this case!
The repatriated objects will be displayed at the General Consulate of Italy in NY, and then displayed at museums located in Italy.
http://manhattanda.org/press-release/8th-century-bce-bronze-statues-among-collection-ancient-artifacts-being-repatriated-it
http://english.alarabiya.net/en/variety/2017/05/26/US-returns-stolen-archeological-artifacts-to-Italy-.html
http://www.kiro7.com/news/looted-statues-pottery-returned-to-italy-after-probe-in-nyc/526609581
by Amineddoleh & Associates LLC | May 22, 2017 |
CONGRATULATIONS to our clients, the director and producers of Thirst Street. The film follows the life of American flight attendant Gina (Lindsay Burdge) arriving at each new destination in a state of emotional paralysis following her lover’s suicide. She eventually snaps out of her funk when she meets the sophisticated and charming Parisian bartender Jerome (Damien Bonnard) and hastily moves to his home city. Blinded by unrequited love, Gina teeters on the edges of heartbreak and sanity when an old flame of Jerome’s suddenly reenters his life.
The film received excellent reviews at its premiere at the Tribeca Film Festival last month. The buzz surrounding the feature film, narrated by Anjelica Houston, did not escape notice by the industry’s distribution giants. It was announced this weekend at the Cannes Film Festival that the film’s North American distribution rights were picked up by Samuel Goldwyn Films. Samuel Goldwyn Films’ president Peter Goldwyn said, “Nathan Silver’s film is a unique tale and we are thrilled to be bringing it to audiences.”
Nathan Silver has had other films play festivals and venues around the world, including New York, Tribeca, Locarno, Rotterdam, Biennale, MoMA and the Cineteca Nacional, Mexico. Samuel Goldwyn Films plans to release Thirst Street before the end of this year.
Congratulations to our clients!
