Tag Archives: Cambodia

Blood Antiquities: After Lengthy Fight, Sotheby’s Agrees to Return Looted Khmer Statue

Sotheby’s and a private collector agreed on Thursday to forfeit a 10th century statue of a warrior to Cambodia, ending a lengthy legal fight that exposed the trafficking of looted Khmer antiquities to museums and collectors around the world.

The agreement states that Sotheby’s will transfer the statue of Duryodhana to Cambodia within 90 days in exchange for the U.S. government dropping a lawsuit brought on behalf of the Cambodian government. The suit claimed the auction house and Belgian collector Decia Ruspoli di Poggio Suasa had attempted to sell the statue in 2011 despite their knowledge that it had been looted from a Cambodian temple. 

There was never any doubt about whether the statue had been looted, or where it had been found. As we wrote in April 2012, internal emails cited in the case revealed that Sotheby’s officials were warned by an expert that the statue had been stolen from the Khmer temple of Prasat Chen, in Koh Ker, and that its public sale might lead to a legal claim.

“The Cambodians in Pnom Penh now have clear evidence that it was definitely stolen from Prasat Chen at Koh Ker, as the feet are still in situ…The two Dvarapalas must have stood close together and their feet remain, so it’s pretty clear where they came from,” wrote Emma Bunker, a leading expert on Khmer art and close associate of Douglas Latchford, the Bangkok dealer who allegedly bought it from looters and exported it from Thailand. “It is also possible that the Cambodians might block the sale and ask for the piece back,” she added. “I’m sorry as I had some exciting things to say about it, but I don’t think Sotheby wants this kind of potential problem.”

Sotheby’s officials decided that while it might receive bad press from “academics and ‘temple huggers,’” the potential profits from the sale made it “worth the risk,” internal emails showed.

Thursday’s agreement to forfeit the statue shows that calculation was decidedly wrong. Sotheby’s could have returned the statue to the collector and let her decide its fate, as auction houses have often done when claims arise. It also could have accepted a $1 million offer from a private collector who sought to buy the statue on Cambodia’s behalf. Instead Sotheby’s opted to fight it out in court – at considerable cost to both its bank account and its reputation.

One of the lingering questions from the case is, why? Some have pointed to the personalities involved in the case, which pit the US Attorney’s office in the Southern District of New York against Jane Levine, one of the former stars of its cultural property crimes unit who now works as Sotheby’s Director of Worldwide Compliance. In a series of bare-knuckled filings, the government accused Levin of providing “false and misleading information to the Government.” Levin pushed back, accusing investigators of misleading the auction house about having probable cause for the statue’s seizure.

Another theory, floated this weekend at a UN-sponsored conference in Courmayeur by a prominent retired art crimes investigator, is that Sotheby’s may have taken on partial ownership of the statue. Why else would it spend what were likely hundreds of thousands of dollars in legal fees defending someone else’s problematic statue?

Regardless of the motive, the outcome of the case has cast a spotlight on a major trafficking network of looted Khmer antiquities. At the Courmayeur conference, researchers Tess Davis and Simon MacKenzie reported on their field work this summer mapping that very trafficking network, which was responsible for plunder of 10th and 11th century Khmer temples across northern Cambodia. Among the preliminary findings of the research was that Ta Mok, the senior Khmer Rouge leader known as The Butcher and Brother Number 5, may well have played a personal role in the removal of ancient statues from Koh Ker. This lends support to the notion that looted Khmer objects at museums around the world should be considered “blood antiquities.”

Attention now shifts to other Khmer statues likely acquired through the same smuggling network. Over the past year we and others have traced objects from Koh Ker and other sites that passed through the hands of Douglas Latchford before ending up in museums across the United States and Europe. The case for the return of those objects has now grown much stronger.

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In May, the Metropolitan Museum of Art agreed to return its two Khmer Kneeling Attendants, which it acquired from Latchford and other donors. The decision was reached after museum officials traveled to Cambodia and were presented with “dispositive” evidence of the statues’ illicit origins. The Met continues to possess several other objects tied to Latchford that have not been returned.

Officials from the Norton Simon will soon travel to Cambodia to discuss the museum’s statue of Bima, whose feet remain in the Koh Ker temple next to those of its companion, the Durydhana that Sotheby’s has just agreed to return. The Bima was purchased in 1976 from New York dealer William H. Wolff. The museum may well consider the words of its founder. When asked about repatriation of looted antiquities, Norton Simon once told the New York Times: “If it did some good, I would return it. If there were reason and probability that smuggling could be stopped, I would do it. It would do a lot to establish a constructive relationship between nations….Looting is a terribly destructive process. In cutting works out of temples, thieves mutilate them.”

Cambodia has indicated it is preparing to makes similar claims against Khmer statues tied to Latchford at the Kimbell Museum, the Cleveland Museum and the Denver Art Museum. Many more exist in private collections.

The owners of these blood antiquities would be wise to learn from Sotheby’s experience and not wait for a demand from the U.S. Attorney’s office.

Here’s the stipulation Sotheby’s signed on December 12th agreeing to the statue’s return.

Gloves Come Off: Amid Accusations of Deceit, Sotheby’s Lawsuit Reveals How U.S. Built Its Case

Duryodhanna

Last week the tables were turned on the U.S. government as documents filed in court by Sotheby’s revealed the private deliberations of American investigators, whose zeal for the return of an allegedly looted 10th century Khmer statue often appears to exceed that of Cambodian officials.

In December, we wrote that filings in the court battle between the U.S. government and Sotheby’s over the statue had revealed the inner workings of the top international auction house. Last November we described how the case had revealed the underbelly of the illicit antiquities trade.

Now it’s the U.S. government’s turn. The exhibits, obtained through discovery in late August and attached to a Sept. 9th Sotheby’s motion for judgment, provide a rare window into the investigation of a major international cultural property case whose outcome will likely hold sway for years. The emails detail how Interpol officials worked close with Brent Easter, an investigator of cultural property crimes at Immigration and Customs Enforcement, to build a legal rationale for the statue’s seizure on behalf of Cambodia. The process eventually involved officials at the U.S. Department of State, the American Embassy in Phnom Penh and the Cambodian government. At one point, Easter asked Cambodian officials to stop negotiating with Sotheby’s for the statue’s voluntary return so that the U.S. government could purse its legal case against the auction house.

Read the correspondence:

Sotheby’s cites the records in asking the judge for a ruling on the case without the need for further discovery. The auction house says Easter claimed to have probable cause for seizure of the statue when in fact he was still scrambling to cobble together a legal theory to support Cambodia’s claim. The auction house also cites an expert on French law in arguing that the government’s legal theory — which relies in part on colonial-era decrees for Cambodia’s ownership claim — is bogus.

Read Sotheby’s motion:

The government rebuts Sotheby’s motion in a Sept. 11th letter to the judge, arguing, among other things, that “Sotheby’s provided false and misleading information to the Government.” To support its claim, the government cites a March 22, 2011 email between ICE’s Easter and Jane Levine, a former assistant US Attorney in the Southern District of New York specialized in cultural property crimes who now works as Sotheby’s Director of Worldwide Compliance. Easter asked Levine whether Sotheby’s had “solid provenance information” for the statue. Levine said they did, noting Sotheby’s had “identified two individuals who presently have no financial interest in the property and who personally saw the piece in London in the late 1960s.”

SothebyRather than take Levine at her word, Easter pursued the original documentation for the statue, which had been passed from the London auction house Spink and Sons to Christies. Remarkably, the Spink records indicate the statue was stolen from the Cambodian temple of Prasat Chen in 1972, according to the government letter. This is the first hint of documentary evidence to support the government’s claim of the statue’s theft. What else might be contained in the archives of Spink, which was dealer Douglas Latchford‘s  primary pass through for allegedly looted Khmer antiquities? Could this archive also be the source of the “dispositive evidence” of looting cited by the Met in its recent return of two looted Khmer attendants to Cambodia?

Read the government’s letter:

As it turns out, the two individuals Levine cited were Latchford, who the government alleges “conspired with the looting network to steal it from Prasat Chen,” and his colleague Emma Bunker, who later told Sotheby’s the statue was “definitely stolen.” Not exactly disinterested parties, and the government accuses Levine of deception: “The information provided by Levine was simply false.”

The next hearing in the case is scheduled for Oct 14th. 

Five Years After California Museum Raids, More Anger Than Indictments

Federal agents descend upon the Bowers Museum in Santa Ana during a raid in January 2008In Sunday’s Los Angeles Times, Jason has an update on the 2008 federal raids of Southern California museums:

When hundreds of federal agents raided four Southern California museums early one January morning in 2008, it set the art world ablaze, suggesting that even amid an international looting scandal museums had continued to do business with the black market in stolen antiquities.

LACMA's Michael Govan asks federal agents permission to enter the museum on the morning of the January 2008 raids.

LACMA’s Michael Govan asks federal agents permission to enter the museum on the morning of the January 2008 raids.

Acting on evidence gathered during a five-year undercover probe, investigators seized more than 10,000 artifacts at the museums and more than a half-dozen other locations in California and Illinois. The objects had allegedly been illegally excavated from sites across South East Asia, smuggled into Los Angeles and donated to the Bowers Museum in Santa Ana, the Pacific Asia Museum in Pasadena, the Mingei Museum in San Diego and the Los Angeles County Museum of Art, according to search warrant affidavits.

But in the years since the high-profile raids, no museum officials or collectors have been indicted, and none of the seized objects have been returned to the countries from which they were allegedly stolen.

Days before the statute of limitations on criminal charges were about to expire in January, a federal grand jury indicted two men in the case. Robert Olson, an 84-year old Van Nuys man, and Marc Pettibone, a 62-year-old American living in Thailand, are both accused of one count of conspiracy and one of trafficking in stolen goods. Two peripheral players in the alleged scheme pleaded guilty to similar charges last year.

2008-may-9-last-photoSeveral people targeted by prosecutors — including Bowers curator Armand Labbe and antiquities dealer Joel Malter — died during the 11-year investigation. A third target, UCLA trained pottery expert Roxanna Brown, was indicted in 2008 and died from health complications while in federal custody, leading the federal government to settle a lawsuit brought by her family for $880,000.

“I’m baffled,” said Stephen Urice, a professor at the University of Miami law school who has written critically of the raids. “Given the amount of illicit antiquities moving through the U.S. borders, these guys are really hacks. Surely there must be more significant people out there.”

In recent interviews, several people with direct knowledge of the investigation expressed anger and frustration, saying the case had languished in the U.S. Attorney’s office. They described Assistant U.S. Attorney Joseph Johns, who has directed the case since its inception, as overzealous, eager to send federal agents into museums to gather evidence but too distracted or overwhelmed with other cases to bring timely criminal charges.

As a result, they say, the case has wasted millions of dollars and inadvertently encouraged the very black market it targeted by suggesting the government is weak on enforcement. The sources spoke on the condition of anonymity because they were not authorized to comment and feared imperiling the criminal case against Olson and Pettibone, which is set to go to trial in June.

You can read the full story here. You can find the previous LA Times coverage of the case here:

Raid story: Raids suggest a deeper network of looted art

Chicago raid on Barry MacLean: Probe of Stolen Art Goes National

Robert Olson profile: “Intrigue but no glamour for smuggling case figure”

Roxanna Brown’s story: Part I, Part II, Part III and settlement

Inflated Art Appraisals are Rampant: You Say That Art Is Worth How Much? 

Here is the Olson and Pettibone indictment:

And the indictments and plea agreements for the “peripheral figures” mentioned in the story.

Michael Malter

Robert Perez

UPDATED: The Met Returns Two Khmer Statues to Cambodia, Citing Clear Evidence Of Looting

DP212330-1UPDATE: The New York Times reported May 15 that Cambodia is also planning to ask for the return of a statue of Hanuman at the Cleveland Museum of Art. This is in addition to the Norton Simon Bhima and the Denver Rama we’ve written about previously, which Cambodian officials also want returned. All are said to have been taken from the same temple complex at Koh Ker. Neither Cleveland nor Denver would disclose the origins or collecting histories of the contested statues.

The Metropolitan Museum of Art has agreed to return two ancient Khmer statues to Cambodia after reviewing clear evidence that they were looted. Here’s Jason’s story in Friday’s LA Times:

The Metropolitan Museum of Art has agreed to return two ancient statues to Cambodia after receiving convincing evidence they had been looted and smuggled out of the country illegally.

The 10th century Khmer statues, known as the Kneeling Attendants, have flanked the entrance to the Met’s South East Asian galleries for years and are among the museum’s most prized objects from the region.

They were acquired in fragments between 1987 and 1992 as donations primarily from Douglas Latchford, a British collector based in Bangkok who is at the center of a federal investigation of antiquities looted from the ancient temple complex of Koh Ker.

Cambodian officials announced last June that they would seek the return of the statues. At the time, Met officials said they had no information to indicate the statues were stolen.

On Friday, the Met would not release details on what information led it to decide to return the statues, but noted recent press reports and information provided by UNESCO officials, who have been investigating looting in Cambodia.

“All I can say is that sufficient evidence came to light,” said museum spokesman Harold Holzer. “It was dispositive and more than satisfied the director.”

The returns suggest Cambodia has found substantial evidence to support its claim that several American museums possess looted antiquities that were illegally exported by Bangkok-based dealer Douglas Latchford. Latchford has denied the claim.

We’ve previously identified several other museums that acquired Khmer antiquities from Latchford: The Norton Simon Museum, the Kimbell Museum, the Denver Art Museum and the Berlin Museums. The Met continues to possess several other antiquities tied to Latchford that will not be returned in the deal announced Friday.

The Met’s returns will also have an impact on the on-going lawsuit in which the US government is seeking the return of a Khmer warrior statue at Sotheby’s. See here for our complete coverage of the case , including court documents that detail the government’s evidence.

UPDATED: Latchford’s Footprints in Berlin: A Khmer Ganesh and other loans to the Asian Art Museum

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Recently, someone suggested we look into the ties between Douglas Latchford and the Berlin Asian Art Museum, where he is said to have enjoyed a “special arrangement” for several years.

latchford.jpbAs you’ll recall, Latchford is the Bangkok-based British collector who was the source of the looted 10th Century Khmer statues now held by Sotheby’s and the Norton Simon museum. The Sotheby’s statue is the subject of a federal seizure lawsuit brought by the U.S. government on behalf of Cambodia, which claims the statue was illegally removed from the country in the 1970s. The government alleges that Latchford, identified in court records as “the Collector,” knew the statue had been looted from Koh Ker and conspired with Spink and Son auction house to fraudulently obtain export licenses for the statue in 1975. Latchford has denied the allegations.

We’ve previously tracked Khmer art tied to Latchford to the Metropolitan Museum of Art, the Kimbell Art Museum, the Norton Simon Museum and the Denver Art Museum, where his partner Emmy Bunker is a research consultant. In March, a federal judge in New York found sufficient evidence for the US government to proceed with its forfeiture case against the Sotheby’s statue.

Latchford’s ties to the Berlin museum have not previously been reported, and the museum initially declined to answer questions about the loans. Only when we inquired about a specific piece — a statue of Ganesh from Koh Ker — did the museum provide a partial response. “The Museum of Indian Art (today part of the Asian Art Museum) in Berlin borrowed four objects from Mr. Latchford for certain projects between 2000 and 2006,” said spokeswoman Birgit Jöbstl. “It has not purchased any objects from Mr. Latchford. The loans were taken for curatorial reasons, to complete the narrative of the museum.”

One of those four objects was the sandstone Ganesh from Koh Ker.

UPDATE 5/16: The Berlin Museum has yet to respond to our request of April 8 for information about the other three objects loaned by Latchford. German TV producer Wolfgang Luck has had…ehem…better luck. Here is the response he received from the museum almost immediately (translated from German):

Two objects (a pre-Khmer Buddha, No. 259 in the catalog „Magische Götterwelten (Magic Worlds of Gods) and a female Khmer-figurine, No. 260 in the catalog „Magische Götterwelten”) had been lent on occasion of the museum’s opening in the year 2000. The objects were important pieces of the museum’s permanent exhibition. The contract on the lending of the objects expired in December 2004. The Buddha was given back. As a “replacement” Mr. Latchford lent the above mentioned Ganesha-figurine to the museum. The contract on the lending of the female Khmer-figurine was prolonged until the end of 2005, thereafter it was given back as well. The fourth object, a Vishnu, arrived at the museum at the beginning of 2006 and was on display there until its return to Mr. Latchford in February 2007.”

Museum spokeswoman Birgit Jöbstl took issue with our characterization of the loans as evidence of a special relationship, telling Luck, “Within the described contracts on lending there were no extraordinary agreements.” However, she goes on to acknowledge the museum did not follow its own due diligence standards when accepting the statues, which have no documented ownership history:

With regard to the examination of the objects’ provenance we must unfortunately assume that no other documents were obtained from Mr. Latchford than his personal confirmation and the information published in Bunker/Latchford: Adoration and Glory: The Golden Age of Khmer Art (2004). According to the UNESCO Convention of 1970 the Prussian Cultural Heritage Foundation does not acquire objects, the lawful provenance or importation of which is doubtful. For several years now the Prussian Cultural Heritage Foundation has been maintaining this attitude also towards items of loan. Unfortunately this standard was not yet maintained with the above mentioned objects lent to the museum by Mr. Latchford.

We also note that the authors of the above-cited publication, “Magische Götterwelten,” were several Berlin Museum officials, including Marianne Yaldiz. Look for Wolfgang Luck’s 1 hour documentary on the case sometime next year on the German-French station ARTE.

Now, back to the Koh Ker Ganesh…

Screen Shot 2013-04-29 at 10.50.34 PMThe statue representing the elephantine Hindu deity, worshiped even today as the Remover of Obstacles and Lord of Beginnings, arrived at the Berlin museum in December 2004 and was given prominent display at the museum’s entrance. It was described as being on loan from “an American private collection,” but in fact it had come from Latchford. Soon after it arrived, the piece was published in the museum’s journal Indo-Asiatische Zeitschrift GIAK. Its only previous publication had been in Latchford and Bunker’s 2004 catalog “Adoration and Glory: The Golden Age of Khmer Art” (pp. 168-70.)

The GIAK Indo-Asiatische Zeitschrift article pointed to the striking similarities between the statue and a Ganesh photographed during the 1939 Parmentier expedition to Koh Ker. It had since disappeared, presumably looted. “This work represents an exact counterpart of the present image both in terms of shape and size,” the article noted. “Even in minute details, both figures seem to be quite similar. However, they wear different types of necklaces, and carved nipples are absent on the Berlin Ganesha…Both the figures are probably products of the same workshop, and both of them may have served as cult images.”

Some scholars had already pointed out the similarities with some suspicion. Betrand Porte suggested in an article in Arts Asiatiques (59, 2004) that the Berlin Ganesh may be the same one shown in the Parmentier photos, with a few details carefully altered to disguise its looted origins. Jean Baptiste and Thierry Zéphir suggested in the same publication that the question could be cleared up with a close scientific analysis. But when a museum consultant suggested testing the statue, the museum’s director Marianne Yaldiz reportedly grew upset. Latchford and Bunker provided a report of a visual examination conducted by Pieter Meyers — the same Los Angeles expert used when doubts arose in Sotheby’s investigation — that concluded the Berlin statue had not been altered. Soon after, the consultant left the museum.

The consultant would not comment and Yaldiz, who retired in 2006, could not be reached. The scientific analysis was never conducted. The Ganesh was removed from display in December 2006, and its whereabouts are currently not known.

In a statement, the museum spokeswoman said, “For all loans, the museum observed due diligence according to the Berlin museums’ general practice, and there was at that time no reason to question the integrity of the lender…The Asian Art Museum, like all other collections of the Staatliche Museen zu Berlin – Preussischer Kulturbesitz, observes due diligence before borrowing or buying objects. It thereby works according to the standards set by the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970.”

Given that commitment to UNESCO principals, we have asked the Berlin museum to provide details about its due diligence for the Latchford loans. What documented ownership history was provided with the loans? What assured the museum that the objects were not the product of modern looting? Where are they today? Why was the Ganesh described as coming from an American collection, when it fact it came from Latchford? And what purpose did the “special arrangement” with Latchford serve, aside from boosting the value of the objects for later sale?

The museum has so far declined to answer those questions. We’ll post a response when we receive it.

BREAKING: Judge rules in favor of Cambodia, Denies Sotheby’s Motion to Dismiss Claim to Khmer Statue

A New York judge has denied Sotheby’s motion to dismiss Cambodia’s claim — brought on its behalf by the US government — that a 10th century Khmer statue was looted and should be returned.

Koh Ker wrestler

District court judge George B. Daniels ruled on Thursday that the government has “sufficiently pled facts regarding Sotheby’s knowledge that the Statue was stolen at the time of import into the United States.” He also found the government had presented sufficient evidence that Douglas Latchford, the British collector who initially sold the statue, “knew the statue had been looted from Koh Ker.”

The ruling, which dismissed several of Sotheby’s key arguments, is not a final ruling but allows the case to proceed. You can find our complete coverage of the case, including past legal filings, here.

Here is Daniels’ 18-page ruling:

Chasing Aphrodite 2012: The Year in Review

Cover

Happy New Year from Chasing Aphrodite.

It’s been a year and a half since our book was published, and during that time the hunt for looted antiquities at the world’s museums has gone global. Over the past 12 months we’ve revealed new information about objects looted from Turkey, Cambodia, India, Latin America, Italy and beyond. Visitors from 150 different countries came to read our weekly posts. (Those interested in a daily feed of relevant links and commentary should like us on Facebook or follow us on Twitter.) Our focus here is on scoops, and over the past year we broke several significant stories about the illicit trade, some of which led to the return of looted antiquities to the countries from which they were stolen.

Here are some highlights:

Dr. Arnold Peter Weiss

Dr. Arnold Peter Weiss

The year started with a bang in January with the arrest Arnold Peter Weiss, a prominent Rhode Island surgeon and collector of ancient coins who was arrested at the Waldorf-Astoria Hotel in New York City for felony possession of allegedly ancient coins that had been recently looted from Sicily. Our scoop a few days later revealed that Weiss had told a confidential informant that he knew he was dealing in looted coins:  “There’s no paperwork, I know this is a fresh coin, this was dug up a few years ago,” he said, according to the criminal complaint. We later traced Weiss’ donations to RISD and Harvard University Art Museums; revealed his business partner’s connection to the Getty; exposed the role of federal investigators in the case; and covered his guilty plea to selling what turned out to be clever fakes.

Princeton antiquities curator Michael PadgettAlmagia Returns: In January we also wrote about American museums returning a new wave of looted antiquities to Italy after the objects were tied to the criminal investigation of Italian antiquities dealer Edoardo Almagia. The Met returned more than 40 vase fragments from the private collection of its former antiquities curator Dietrich von Bothmer. The Princeton Museum returned 160 objects and fragments, and stonewalled questions from the press about those returns. (The museum’s curator Michael Padgett, above, has been named as a target of the investigation.) In February we began tracking objects museums had acquired from Almagia and found several at the Dallas Museum of Art. We also traced Almagia objects to the Boston MFA, the San Antonio Museum of Art, the Indiana University Art Museum and the Getty Museum. David Gill identified one additional Almagia object at the Tampa Museum. The Dallas Museum announced in December that five of the objects we had questioned would been returned to Italy.

Orpheus Mosaic

Orpheus Mosaic

Turkey’s claims: In March, we broke the news that Turkey was seeking the return of dozens of allegedly looted antiquities from American museums. We also listed the specific objects being sought at those museums, including: 10 objects at the J. Paul Getty Museum; 18 objects from the Schimmel Collection at the Metropolitan Museum of Art; 21 objects at the Cleveland Musuem of Art; and the Sion Treasure at Harvard’s Dumbarton Oaks. Since then, the Dallas Museum of Art has already agreed to return a looted mosaic to Turkey, and Bowling Green State University has signalled its intention to do the same. Negotiations with the other institutions are on-going, and we expect to have an update soon.

Koh Ker wrestlerCambodia vs. Sotheby’s — The Battle for Koh Ker. In April, we began following the legal battle between the US government and Sotheby’s over a 10th century Khmer statue allegedly looted from a temple complex deep in the Cambodian jungle. Government prosecutors, suing on behalf of Cambodia, alleged that Sotheby’s knew the statue was looted and and withheld the information from potential buyers, as well as government investigators. The auction house has denied those claims. Damning internal emails, however, revealed Sotheby’s knowledge about the statue’s suspect origins and the likely controversy its sale would cause. Also named in the case is a companion statue now at the Norton Simon Museum in Pasadena, whose feet remain in situ in Cambodia. The man at the center of the case is Douglas Latchford, a British collector/dealer based in Bangkok whose name has been linked with sever pieces of suspect Khmer antiquities. In recent months we’ve traced Latchford’s objects to the Denver Museum of Art, the Kimbell Museum and the Met. The outcome of the case could prove an important precedent for legal claims against looted antiquities in the United States.

James-CunoJim Cuno’s shakeup at the Getty: In May, the board of the J. Paul Getty Trust hired James Cuno to lead the organization. It was an odd choice — The Getty was still recovering from a devastating international scandal over its acquisition of looted antiquities, and had enacted a new acquisition policy that respected foreign ownership laws. Cuno had long been a vocal critic of those laws and advocate for the type of unfettered collecting that had gotten the Getty into trouble. One of Cuno’s first moves was the elimination of 34 positions at the Getty Museum, including two respected veterans and 12 professional gallery teachers who were replaced by volunteer docents. We broke the news, published Cuno’s memo to staff and covered the fallout. We also wrote about his decision to hire Timothy Potts, another advocate of unfettered collecting, and raised questions about Pott’s acquisition of a 5th century BC Greek cup at his previous post, the Kimbell Art Museum. In response to our questions, the Kimbell announced they would post the vase on the AAMD’s registry of ancient objects with unclear ownership histories. They never did.

PS1_TL.2009.20The Bourne Collection: Also in May, we featured a guest post by Roger Atwood on the Walter’s newly acquired collection of unprovenanced Pre-Colombian Art. Atwood described the “long and checkered history” of the Borne collection, which is sprinkled with fakes and at least one piece suspected of having been looted from Sipan, Peru.

subhash kapoorSubhash Kapoor Case: In July we began writing about the investigation of Subhash Kapoor, the New York based antiquities dealer specializing in Indian antiquities and temple idols. After federal agents raided his New York warehouse, we  identified more than 240 objects acquired from him in museums around the world. In December, federal investigators announced they had seized some $150 million in antiquities from him and consider Kapoor “one of the most prolific commodities smuggler in the world.” The case is on-going.

This Polaroid seized from the warehouse of dealer Giacomo Medici shows the Getty Museum's Statue of Apollo shortly after it was looted from a tomb in Southern Italy.

This Polaroid seized from the warehouse of dealer Giacomo Medici shows the Getty Museum’s Statue of Apollo shortly after it was looted from a tomb in Southern Italy.

WikiLoot: Finally, this year we announced our plans to crowd-source the study of the black market in looted antiquities. We’re still in the development phase of the project — raising money, building partnerships and considering the structure of the site. But WikiLoot, as we’re calling the project for now, has already attracted substantial interest and media attention from the Guardian, the Economist, CNN, the Australian Broadcasting Corp. and others. This spring we’ll be developing a prototype of the site and reaching out to more potential partners. Stay tuned for updates.

Thanks for reading. Our best wishes for 2013, and we hope you will join the hunt!

Latchford’s Footprints: Suspect Khmer Art at the Kimbell and the Met

We’re continuing to trace suspect Cambodian antiquities linked to Douglas Latchford, the man at the center of the on-going federal looting probe that we’ve detailed in previous posts here. Last week we wrote about suspect Khmer antiquities at the Denver Art Museum. Here are our latest finds:

The Kimbell Art Museum

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In 1988, the Kimbell Art Museum purchased an important 7th century Khmer sculpture from Latchford.

At the time of purchase, the statue had no documented ownership history. The only record the Kimbell obtained about its origins was a signed guarantee from Latchford claiming the statue had been in his possession in Thailand since 1968 and had legally been shipped to the UK in 1987, a museum spokeswoman said.

Latchford has made similar claims about contested Khmer statues at Sotheby’s and the Norton Simon Museum that are now the focus on a federal lawsuit. Federal investigators have alleged in court filings that Latchford purchased those statues after they were looted in the early 1970s and smuggled to Thailand, a claim Latchford denies. (See our previous coverage of the case here.)

The statue represents Harihara, a Hindu deity that combined the destructive force of Shiva and the creative power of Vishnu. The statue’s style suggests the piece came from the pre-Angkor ruins of Prasat Andet, in central Cambodia. The Kimbell has no evidence of legal export from Cambodian, a museum spokeswoman confirmed.

Cult Statue of a Goddess (Aphrodite)Acquiring an object based exclusively on a dealer’s warranty — rather than an actual documented ownership history that proves it was not looted — was a common tactic in the 1980s, particularly for pieces that were likely looted. As we described in Chasing Aphrodite, the J. Paul Getty Museum passed a new acquisition policy for antiquities in 1987 that called for a dealer warranty in place of an inquiry into an object’s origins. The practice allowed the Getty to continue acquiring objects it knew or suspected had been looted – including an $18 million statue of Aphrodite – while providing a modicum of legal and public relations cover if the statue were later questioned. But the policy failed: The Getty returned the Aphrodite to Italy in 2010 after our investigation in the LA Times made clear the dealer warranty was a thin cover for the truth — the statue had been looted from an archaeological site in central Sicily.

Kimbell1The Kimbell believes the Harihara is the only object in its collection with ties to Latchford, but can’t be certain, a museum spokeswoman said. It is not the only suspect piece of ancient art to surface at the museum. In February, we wrote about the Kimbell’s 5th century BC Greek cup by the Douris painter. After we noted the cup’s ownership history had been traced to Elie Borowski, a dealer who has been linked to the illicit trade in Classical antiquities, the Kimbell announced it would publish the cup on a registry of objects maintained by the Association of Art Museum Directors. The cup was never listed in the registry — likely because it was acquired prior to 2008, when the directors group began requiring suspect antiquities to be posted. (This leaves the question: where should suspect antiquities acquired before 2008 be posted publicly to encourage further provenance research? Museums should be publishing the complete known provenance of all their antiquities, but don’t. We’ve proposed our own answer.)

The Metropolitan Museum of Art

met.hariharaWhile researching the Kimbell’s Harihara, we noticed that The Metropolitan Museum of Art purchased a similar Harihara, also linked to Prasat Andet, in 1977. We’ve asked the Met for the provenance of the statue, as none is listed on their website.

The Met also has several pieces from Latchford. The New York Times has previously noted that Cambodia will ask the museum to return its two prominently displayed Standing Attendants, which also came through Latchford from Koh Ker. As Paul Barford has noted, the knees of those statues bear clear signs of having been hacked from a base by looters. (The Met’s high resolution photos and zoom tool are quite useful here.) Screen Shot 2012-12-23 at 10.50.29 PM

David Gill has also noted that the statues came to the museum in fragments from different sources acquired over several years and were reassembled at the Met. Martin Lerner, the Met’s former Asian Art curator, noted the happy coincidence in the catalog: “It is particularly gratifying that the monumental bodies join up with heads already in the collection.” This appears similar to a pattern we’ve seen in objects passed through smuggling networks that dealt in Classical antiquities, the so-called “fragments game” identified by Italian investigators and noted by Gill here.

Gill has also helpfully identified several other Latchford donations at the Met:

1983_551_232391-1A 10th century Khmer Head of Buddha acquired in 1983 as a gift from Latchford. (1983.551)

A 12th century Bodhisattva from Nepal acquired in 1989 as a gift from Spink & Son Ltd. and Douglas A. J. Latchford.  (1989.237.1)

A bronze 9th century Bodhisattva Maitreya from Thailand acquired in 1989 as a gift from Spink & Son Ltd. and Douglas A. J. Latchford. (1989.237.2)

A 2nd century Ghandaran plaque from Pakistan acquired as  gift of Spink & Son Ltd. and Douglas A. J. Latchford in 1989. (1989.237.3)

DT5214The gifts suggest several things: Latchford was a generous donor to the Met over several years, and dealt not just in Khmer art but also material from South Asia. It would be worth perusing the Met’s 1994 catalog of Asian Art for other examples of material from South East Asia. For example, given the history of looting at Koh Ker, we were interested in how this gilt bronze statue of a king from Kor Ker (left) ended up in the collection Walter Annenberg before being acquired by the Met in 1988.

We’ll continue looking for Latchford objects in other museums. If you’ve got any tips, drop us at line at ChasingAphrodite@gmail.com

Douglas Latchford’s Footprints: Suspect Khmer Antiquities At the Denver Art Museum

13COLLECTOR-popupWho is Douglas A. J. Latchford?

That is the question many are asking since the Bangkok-based British collector who describes himself as an “adventurer-scholar” emerged at the center of the legal fight over an allegedly looted 10th Century Khmer warrior now at Sotheby’s.

Federal prosecutors have said in recent court filings that Latchford knowingly purchased the Sotheby’s statue and its companion at the Norton Simon Museum in Pasadena from “an organized looting network” that stole the objects from the ruins of the Koh Ker temple complex deep in Cambodia’s northern jungles. Latchford allegedly conspired with the London auction house Spink to obtain false export permits for the statues, which were transported it to London in the early 1970s, the filings claim.

[Our previous coverage of the Sotheby’s case can be found here.]

DP212330-1As the New York Times reported in June, Latchford is also listed as the donor of record for two prominent Khmer pieces at the Metropolitan Museum of Art that Cambodia wants back. All four of the statues are believed to have been looted from the ancient temple complex of Prasat Chen and smuggled out of Cambodia sometime in the late 1960s or early 1970s.

Latchford denies the allegations. In an interview this month, he told the New York Times that prosecutors were “weaving together suppositions.” “This is somebody’s imagination working overtime,” he said in an interview at his Bangkok home with reporter Tom Mashberg. He claims that the London auction house Spink at times used his name for purchases of objects he never owned. Spink claims it has no longer has records from those years.

At the same time, Latchford suggested he had a transcendental claim to Khmer art: Buddhist priests once told him he was Khmer in a previous life, “and that what I collect had once belonged to me,” he told the Times. Asked about his early collecting,

Mr. Latchford spins tales of bumping his Jeep along makeshift roads in the jungles of Thailand and Cambodia, exploring vine-entangled temples and the shattered outposts from a 1,000-year-old fallen empire.

He and other well-known collectors, he said, would buy and trade what became available without fretting over the provenance details that govern modern antiquities transactions. They were rescuers, not plunderers, he said, pointing out that he and others have restored, protected, cataloged and donated artifacts that might have been broken into pieces or lost or neglected.

The feet of two ancient sandstone statues were left behind by looters at a temple in Koh Ker, Cambodia. One statue is now at Sotheby's, the other at the Norton Simon Museum in Pasadena.

The feet of two ancient sandstone statues were left behind by looters at a temple in Koh Ker, Cambodia. One statue is now at Sotheby’s, the other at the Norton Simon Museum in Pasadena.

The final statement is ironic, as federal prosecutors suggest the statue at Sotheby’s was purposefully broken by looters to make it easier to smuggle, a claim supported by Sotheby’s own analysis of the statue’s surface. Indeed, both statues’ feet remain in place at Koh Ker.

Latchford gave another revealing answer in a 2010 interview with the Bangkok Post when asked where a piece in his considerable private collection had come from:

“The ground,” he answered. “Most of the pieces I have come across in the past years have been excavated, or dug up. You know, there is a farmer in the field who digs something up, and he probably thinks if I take it to Bangkok or Singapore or a middle man I can get $100 instead of getting $10.”

Dougla

Latchford has close ties to Emma Bunker, the Khmer art expert hired by Sotheby’s to help with the sale of the contested Khmer statue. In emails to Sotheby’s, Bunker stated that the statue was “definitely stolen,” and said her “culture spies” could help Sotheby’s navigate Cambodia’s cultural heritage bureaucracy. Latchford and Bunker have co-authored several books on Khmer art, including Adoration and Glory, which boasts that “the authors were able to gain access to private as well as public collections worldwide to give unparalleled access to more than 150 objects,” many of which are published there for the first time.

bookComplicating matters, Latchford, now 81, has become a prominent donor to Cambodian museums of both antiquities and money. Emails from the Sotheby’s case make clear his generosity has earned him close ties to cultural officials in the Cambodian government, including to Hab Touch, who is today pressing Cambodia’s repatriation claims but in the past has praised Latchford’s scholarship.

Given this history, we’ve started to scratch around to see where else objects tied to Latchford have ended up. Here’s the first of those reports.

DENVER ART MUSEUM

The Denver Museum has six objects in its permanent collection acquired from Latchford, four of them acquired as gifts. Here are details provided by the museum:

1. Painted Vessel from Thailand, 400-200 BCE. Earthenware and paint
Gift of Douglas A.J. Latchford. Accession #2000.67 No additional provenance available.

2. Goddess of Transcendent Wisdom, Prajnaparamita Cambodia, Angkor period, late 1100s–early 1200s sandstone, 59 inches (130 cm) high. Purchased from Latchford “in honor of Emma C. Bunker.” Accession #2000.198

DAM_Website_2000.198

The museum’s website suggests the piece could be from the Bayon Temple at Angkor Thom: “The gentle smile and lowered eyes are features associated with sculptures from the Bayon temple built by Jayavarman VII, the last great ruler of the Angkor royal line.”

The museum said the piece was originally purchased by “Ian Donaldson” in Vietnam around 1964-66; then shipped from Thailand to the UK on February 12, 1994 and imported from the UK on March 10, 1994. It is worth noting that Adoration and Glory contains a very similar statue listed as being in a private collection.

surya3. Sun God (Surya) from Cambodia or Vietnam. 600′s to 700′s, Pre-Angkor period, sandstone. Purchased from Latchford in 2004. Accession #2004.371. Published in “Adoration and Glory.” No other provenance information was provided.

4.  Sleep of Vishnu and the Birth of Brahma, Cambodia, 700′s, Pre-Angkor period. Sandstone. Gift of Douglas A. J. Latchford. Accession #2005.104. The piece was published in “Adoration and Glory” and listed as being held in an “American Collection” on page 84. No other provenance information was provided.

5. Bronze Bell, Cambodia, 1st Century BCE, Iron Age. Gift of Douglas A.J. Latchford. Accession #2005.105. No provenance or publication history provided.

6. Wood Cabinet with Chinese Motifs, 1700′s Thailand. Gift of Douglas A. J. Latchford & Emma C. Bunker. Accession #2006.81. No provenance or publication history provided.

rama_1986_44Among the museum’s Khmer objects not included in the list are other objects from Koh Ker, such as this statue of Rama, whose ownership history is not listed.

In short, in recent years the Denver Art Museum has acquired several Cambodian antiquities with little or no documented ownership history — much less evidence of legal exportation — from a man now at the center of a federal looting probe. For several of those objects, the only documented history was a book written by Latchford himself. The museum’s position is further complicated by the fact that Emma Bunker is listed as research consultant for the museum, suggesting a possible conflict of interest. All of these are serious red flags.

In a statement, a spokeswoman for the museum said, “The Denver Art Museum curatorial team conducts provenance research on an ongoing basis and posts results online as they become available both on the museum’s website and on the AAMD object registry. The Museum adheres to AAMD guidelines for the acquisition of archeological materials and ancient art set forth in 2008. In coming into full compliance with AAMD guidelines for antiquities and archeological material, the Denver Art Museum now requires all available provenance information to be provided for new acquisitions.”

The statement suggests a deep misunderstanding of modern acquisition ethics. The moral obligation on museums to obtain clear provenance — concrete evidence that an antiquity had not been recently looted — did not begin in 2008, after the wave of museum scandals we wrote about in Chasing Aphrodite, but in 1970 with the passage of the UNESCO convention. Further, the museum’s postings on the AAMD Object Registry suggest that South East Asian antiquities are not the only problematic collecting area for the Denver museum: it has acquired nine pre-Colombian objects since 2008 that do not have provenance pre-dating 1970.

We’ll follow-up on these matters with Denver, which has still not provided a list of Latchford objects that were lent to the museum.

Meanwhile, if you know of other Latchford material in public or private collections, drop us a line confidentially at chasingaphrodite@gmail.com

Inside Sotheby’s: Auction House Response Reveals Key Players in Fight Over Khmer Statue

SothebySotheby’s has responded to the U.S. government’s amended complaint in the legal battle for the Khmer warrior from Koh Ker, arguing that the US Attorney’s failure to cite a Cambodian national ownership law is a”fatal flaw” in their effort to seize the allegedly stolen statue.

[See our previous coverage of the case here.]

“The [government's amended complaint filed recently] claims a Cambodian king a thousand years ago built the Prasat Chen temp where the Statue’s feet were allegedly found, and asserts the Statue…therefore automatically belongs to the modern Cambodian state. No court has ever forfeited property on such a theory, which squarely conflicts with the settled and undisputed law articulated in McClain and Schultz,” which both required a “clear and unambiguous” national ownership law, Sotheby’s stated.

Sotheby’s arguments focus squarely on the legal foundation of Cambodia’s claim and largely sidestep the government’s amended complaint, which alleged the auction house was deceitful about the statue’s origins in omitting the role of Bangkok-based collector Douglas Latchford. Those claims are an effort to “change the subject,” Sotheby’s said in its response, accusing the government of using selective quotations from internal auction house emails revealed during discovery.

To support that position, Sotheby’s helpfully attached those internal emails to its response as exhibits, giving us an unusual glimpse into the vetting process used by leading auction houses with a piece of ancient art they knew would raise legal and public relations concerns.

The Sotheby’s emails reveal for the first time the identities of several key players in the drama:

1354101788635Anu Ghosh-Mazumdar, Assistant VP, Indian and SE Asian Art at Sotheby’s. Most directly responsible for coordinating the statue’s vetting and sale.

f10sindconladyZara Porter-Hill, Head of the Indian and SE Asian Department at Sotheby’s London. She corresponded directly with collector Douglas Latchford about the statue’s origins. Latchford initially told her he had the statue in London in 1970, but later claimed that Spink must have purchased the statue in Bangkok. (See Exhibit 3)

16_March_Henry_press_previewHenry Howard-Sneyd, Vice Chairman of Asian Art at Sotheby’s, was asked to be the point of contact between Sotheby’s and the government of Cambodia before the statue’s proposed sale. He demurred, saying, “we simply wanted to be informing him out of politeness and did not want to raise this to important or ‘pay attention’ levels.” (See Exhibit 9). Ultimately it appears that contact with the Cambodians was handled by Jane Levine, head of Worldwide Compliance for Sotheby’s and a former prosecutor of antiquities cases in the same US Attorney’s office now suing for the statue’s return. (see Exhibit 12.)

Guanyin_testing

John Twilley: A conservation expert hired by Sotheby’s to examine the statue after questions were raised about its authenticity. Twilley noted that the difference in condition between the head and body suggested the statue may have been purposefully broken  “for ease of transport” from the site where it was found  (See Exhibit 7) Ironically, Twilley was also an expert at the Getty workshop on the looted statue of Aphrodite, which was broken by smugglers for ease of transport.

Pieter Meyers: A former senior scientist at LACMA, Meyers conducted an analysis of the statue’s stone, confirming the link between the statue’s head and its torso. (See Ex. 8)

hab2Hab Touch: The Cambodian government official who Sotheby’s debated notifying before the statue’s sale. (see Exhibit 10) Dismissed as a “bureaucrat,” Touch ultimately objected to the statue’s sale and asked for its return to Cambodia.

Below we’ve embedded Sotheby’s response followed by the exhibits we’ve referred to above.