Tag Archives: illicit antiquities

Hot Doc: A Damage Assessment at the Getty Finds Forgery, Fraud and Fabricated Histories

The true cost of looting has always been hard to measure: how does one account for what is lost? Perhaps this is why some — Americans in particular, it seems — tend to think of looting as a victimless crime.

In truth, looting has many victims — the artifacts lost or damaged during the act itself; the defaced monuments and pockmarked archaeological sites left in its wake. Then there is the more pernicious effect of plunder and the black market it fuels — the corruption of our knowledge about the past.

Jiri Frel with The Getty Bronze

This is what the Getty Museum confronted in 1984, after the hasty departure of its charming and crooked antiquities curator Jiri Frel. In his decade at the Getty, Frel had used any means necessary to build the museum’s antiquities collection into one worthy of the Getty’s wealth. In 1984, when his criminal activity was discovered amidst an IRS investigation, he abruptly left the country, leaving colleagues at the museum to clean up the mess.

John Walsh, Getty Museum Director

A confidential June 1984 memo from acting antiquities curator Arthur Houghton to museum director John Walsh was an early attempt to account for the damage done by Frel’s collecting practices. We’ve posted it below as part of our Hot Docs series, a effort to publish some of the key confidential files we used while reporting Chasing Aphrodite.

Arthur Houghton III

“Changes or additions to the central files registry should be recorded for many of the objects in the antiquities collection,” Houghton noted with characteristic understatement. “The scope of the problem is quite large and involved a number of areas.”

Among the problems Houghton reported:

Falsified provenance: Many of the ownership histories of objects in the collection were “mythical.” Frel and his trusted dealers had made a parlor game of inventing bogus European collections like “Esterhauzy” to cover the fact that the objects being purchased were fresh from an illicit dig.

Bogus attributions: Frel had often gussied up the attribution of objects to make them more palatable to the public or the Getty’s own acquisition committee. Roman copies were listed as Greek originals; a 3rd century BC sculpture became the only surviving piece by a Greek master.

The Getty bought the kouros in 1985 for $10 million. Today it is believed to be fake.

Forgeries: Frel had bought several multi-million dollar fakes, either because he was fooled or (more likely) in exchange for a cut of the purchase price. The most famous is the nearly $10 million Getty Kouros, still on display today at the Getty Villa. As Houghton noted, “Several [fakes] are of major importance and involve very high values and the Museum’s reputation.”

Then there were the lies that mostly hurt the Getty: Frel had convinced the museum to dramatically overpay for objects, with some of the money likely coming back to him in kickbacks. He had inflated valuations of objects as part of a tax fraud scheme and invented phony donors — many still honored on Getty display placards– who he used to launder objects coming into the collection.

The Getty bought his sculpture in 1979, believing it was a head of Achilles by Skopas, a famous Greek sculptor. Subsequent research showed that it was a modern forgery.

In time, some of the most egregious distortions were corrected. The Getty kouros today is awkwardly labeled “Greek, about 530 B.C., or modern forgery,” and several other fakes were taken off display. But in many more cases, Houghton noted the damage to the historical record was irreversible. “Much of the suspected provenance and acquisition (including donation) information is fragmentary; and while many records can be corrected in time and with reasonably diligent attention, it will not be possible with reasonable discretion to probe into the true provenance or acquisition history or many objects in the collection.”

The truth, in other words, was lost.

Today, similar distortions  and fabrications litter the antiquities collections of America’s great museums, which are tax-exempt because their public mission is education. In doing business with the black market, museums have betrayed that mission and filled their shelves with what amount to beautiful lies.

HOT DOC: June 1984 confidential memo from Arthur Houghton to John Walsh.

Article: “An Art World Detective Story: The Getty’s Head of Achilles” Suzanne Muchnic, LA Times, 11/3/88

Looted Antiquities at American Museums: An On-Going Crime, law professor argues

In January 2008, more than one hundred federal agents raided four Southern California museums. They seized scores of Southeast Asian antiquities that investigators said had been looted and illegally smuggled into Los Angeles before being donated at inflated values to the museums.

Since then, nothing much has happened in the case. But one legal expert is warning that the case represents a ticking time bomb for American museums, whose antiquities collections are still filled with looted antiquities.

If the raids result in convictions, the legal fallout could be devastating, argues Stephen K. Urice, a University of Miami law professor and one of the country’s foremost legal minds on cultural property.

Stephen K. Urice

“Continued possession of virtually all unprovenanced antiquities in public museums within the court’s jurisdiction would suddenly become actionable under the [National Stolen Property Act], and museums would be obligated to divest themselves of those collections promptly,” Urice writes. “Failure to do so would expose the antiquities to civil seizure and forfeiture proceedings, and the museums’ board and staff members to criminal liability.”

This doomsday scenario comes not from the alarmist fringes in the debate over antiquities but an avowed centrist. Urice is a former museum director with a PhD in archaeology, and was the founder of the University of Pennsylvania’s cultural law program. He has earned respect from archaeologists and museums alike for his dispassionate, middle-of-the-road analyses of museum policies and cultural property statutes.

That’s why Urice’s 39-page article in the Summer 2010 issue of the New Mexico Law Review is so striking. His analysis, now bubbling up in cultural circles, is too involved to present in full here. But in essence, it predicts a doomsday scenario based on a little noticed wrinkle in the NSPA, the key U.S. criminal law in antiquities looting cases.

LACMA Director Michael Govan asks federal agents to let him into the museum on the morning of the raid

In the 1977 McClain case, in which five Texas dealers were convicted of smuggling looted Mexican artifacts, prosecutors successfully asserted the antiquities were “stolen property” under US law if they were exported illegally from a foreign country with an enforced cultural property law that gives the government rightful owner of such artifacts. (According to the UNESCO Database of National Cultural Heritage Laws, 180 countries have passed one or more such statutes ).

Urice reasons that this interpretation is easily extended to most museum antiquities collections, where the bulk of objects could be considered contraband because they lack provenance (ownership history) and valid export licenses.

Museums have believed that the statute of limitations would protect them from such claims. But Urice notes that a 1986 change in the NSPA added possession of such objects as a crime. Since possession is an on-going act, Urice writes, “even in situations where the museum had taken possession of an antiquity decades ago, there would be no statute of limitations defense.”

This hasn’t come up in past antiquities cases since prosecutors went after collectors or dealers. The Southern California raids, however, specifically targeted museums, which under McClain arguably possess stolen property. Urice argues that a successful conviction in the case would trigger a chain reaction, forcing other museums in the court district (such as the Getty) to disgorge their unprovenanced artifacts or have their officers face criminal indictment.

In Urice’s view, this is an unacceptable – and unintended — outcome of the law that would strip American museums of an important teaching tool. What to do?

Urice suggests several remedies. Among them is a law exempting museums from the potential fallout of Southern California case and other antiquities claims under the NSPA. A second one is to replace the NSPA with a new law with input from archaeologists and collectors — a likely bitter and tortuous process.

One question not addressed in the article: Are Urice’s warnings a present-day reality? After all, federal courts in New York and Texas have both found the McClain Doctrine to be the ruling precedent, making possession of looted antiquities an on-going federal crime. In order to seize the objects, the government would only need to establish probable cause that the objects were illegally exported — the burden would be on the museum to prove legal export, something that can’t be done for most antiquities. All that’s missing is a US Attorney interested in making such a bold case.

Whatever the answer, Urice’s article makes clear the legal struggle over looted antiquities did not end with the Getty scandal.

If the Southern California case moves forward, the worse may be yet to come.

HOT DOC: Urice on Unprovenanced Antiquities and the National Stolen Property Act

Our coverage of the January 2008 museum raids:

Raids Suggest A Deeper Network of Looted Antiquities

Federal Probe of Stolen Art Goes National

Roxanna Brown: A Passion for Art, a Perilous Pursuit (3-part series)

Listen to Chasing Aphrodite on Deadline LA: The Getty Museum and the Black Market in Looted Art

Last week, Jason spent an hour talking with Barbara Osborn and Howard Blume, co-hosts of DEADLINE LA, KPFK’s roving eye on the media.

KPFK's Deadline LA

Olson and Blume are notoriously tough customers who boast of “pummeling” the news media for their coverage of the day’s top stories. But their praise for Chasing Aphrodite was effusive. Blume called it “fascinating” and “a page-turner.” Osborn said she couldn’t put the book down.

You can listen to both half-hour segments here. Part I focuses on the path of looted antiquities from tombs to American museums like the Getty.

Deadline LA: Part I

Part II focuses on the colorful history of the J. Paul Getty Museum:

Deadline LA Part II

Fall Book Tour wraps up after 14 events in 15 days. VIDEO: Chasing Aphrodite at UPenn.

We’ve just wrapped up our fall book tour — 14 events in about 15 days.

Thanks to everyone who came out to learn about museums and the illicit antiquities trade. And our sincere gratitude to our hosts at Rutgers, Princeton, UPenn Museum, UPenn Law School, Villanova Law School, NYU, The National Arts Club, The Harvard Club of NYC, Cardozo Law School, AIA, SAFE, The Walters Museum of Art, Chapman University and Central Michigan University.

Keep an eye on our events page for more events coming soon. If you’re interested in hosting an event near you, please contact us at ChasingAphrodite@gmail.com.

For those who missed us, here’s a video of our presentation at the UPenn Museum of Archaeology and Anthropology, where we were introduced by Dr. Richard Leventhal:

Hot Docs: Marion True the Crusader

Former Getty Antiquities Curator Marion True

One of the most scathing rebukes of the collecting practices of American museums in recent memory came not from a grumpy archaeologist, a nosy journalist or an overzealous foreign prosecutor. It came from one of the museum field’s rising stars: Getty antiquities curator Marion True.

In June 2000, True delivered a gutsy speech to an audience of museum peers that denounced them for relying on “distorted, patronizing and self-serving” arguments to justify their collecting of ancient art. Over the course of the next hour, True dismantled the various justifications museums had long used to buy ancient art that was almost certainly looted.

The speech, whose full text we’ve posted and annotated here, is remarkable not just for True’s scathing remarks but also for their venue: the annual gathering of the Association of Art Museum Directors. The group is the museum profession’s most powerful, consisting of representatives from the country’s largest and wealthiest collecting institutions. As such, the AAMD wields immense clout on matters of institutional policy, including collection practices.

Philippe de Montebello, former director of the Met

Under the sway of former directors Philippe de Montebello of the Met and James Cuno of the Art Institute of Chicago (now CEO of the Getty), the AAMD had long resisted the 1970 UNESCO Convention, which calls for import restrictions and international cooperation to stop trafficking in illicit antiquities. Instead, AAMD’s guidelines were riddled with caveats and loopholes that allowed member institutions to buy undocumented antiquities as long as the pieces were artistically “significant.” In her speech, True was calling out the power structure of American museums.

James Cuno, CEO of the J. Paul Getty Trust

Her speech was inspired by an earlier panel at Columbia University on the Elgin Marbles. The discussion “had nearly devolved into a fistfight” when a fellow panelist suggested the Parthenon sculptures needed to remain the British Museum because the Greeks were “unworthy custodians and therefore did not deserve to have it” [sic]. “As the three front rows of the audience were primarily of Greek nationals or Greek Americans, this statements did not go down very well,” True noted dryly.

True said the debate had caused her to re-trace the evolution of what had become an increasingly nasty debate about cultural patrimony that pit foreign officials and archaeologists against American museums, dealers and collectors. “Given the seemingly noble intentions that inspired the foundation and development of American Art museums, how have they now come to be so often in direct conflict with the source countries and the academic communities that work on cultural heritage?”

Her answer laid the blame squarely at the feet of American museums, which had used similarly “demeaning arguments” to justify their acquisition of marquee objects and to brush off the concerns of foreign countries. She listed the most common arguments, many of which are still used today:

“–Because the contemporary population was ethnically not the same people as the creators even thought they inhabit the same territory;

–Because the police force in the source country does not do enough to protect its patrimony and maybe even is in collusion with the smugglers;

–Because art historians in the country are not up to the job of studying their own patrimony but have had to look to the British German and American scholars for leadership;

–Or because the national laws governing the protection of cultural properties are repressive since they do not allow the free trade in the objects that US laws allow and,

–Or most perplexingly and inflammatory, in the case of Italy, because Mussolini had continued to enforce the laws instituted in the 18th century to protect Italian artistic heritage, that we would be enforcing the laws of a fascist regime.”

“Surely,” True said, “we should not have to rely on such distorted, patronizing and self-serving observations to justify collecting ancient art in this country.”

Next, she turned her sights on dealers and collectors, who still “vehemently denied” the extent of looting that has been clearly documented by archaeologists and governments. Their claims that the illicit trade was small were “contradicted by the evidence,” including their own political machinations to gut American laws prohibiting the import of such objects. It was time to accept that most undocumented antiquities came not from “old European collections,” as dealers and museums were fond of claiming, but from recent chance finds or illegal excavations, True said.

Likewise, the claim made by Sothebys and other auction houses that sellers preferred not to reveal provenance information “flew in the face of logic” because such information would only increase an object’s value. And the common practice of asking governments for evidence of whether a piece had been looted “conveniently ignores” the fact that, by definition, such objects are “undocumented,” she said.

She concluded with a knock-out punch: “Most museums have long preferred to consider objects innocent until proven guilty,” she said, citing the Getty’s own 1987 acquisition policy and the writings of James Cuno while at the Harvard Arts Museums. “But experience has taught me that in reality, if serious efforts to establish a clear pedigree for the object’s recent past prove futile, it is most likely—if not certain—that it is the product of the illicit trade and we must accept responsibility for this fact.

“It has been our unwillingness to do so that is most directly responsible for the conflicts between museums, archaeologists and the source countries.”

In one fell swoop, True had laid bare the cynical path of many museum masterpieces—a path few insiders had ever been willing to publicly acknowledge.

But as powerful and succinct as True’s presentation was, her listeners could have been forgiven a measure of skepticism. While it represented one side of Marion True – the crusader for reform — they knew another: the accomplished curator and competitor who for a decade had used those very same tactics to fill the Getty with some of the best undocumented pieces in the world. Indeed, True’s intimate knowledge of museums’ efforts to navigate the illicit trade was based on her personal experience.

As it happened, the day after True gave her speech a judge in Switzerland ruled that Italian officials could take possession of hundreds of Polaroids and documents that had been seized in a 1995 raid of an antiquities dealer’s Geneva warehouse. The Polaroids showed scores of looted artifacts as they appeared fresh from the ground. Eventually Italian investigators traced the greatest number to the Getty and Italian prosecutors started planning a prosecution of Marion True.

A Polaroid of the Getty's Statue of Apollo showing it soon after being looted

Soon after, an internal Getty probe found similar photos in True’s own curatorial files showing, in the words of the Getty’s outside counsel, “objects in a state of disrepair or in a location from which they may have been excavated.” The Getty’s attorney concluded it would take little for the Italians to link True to a conspiracy or to support a claim that the curator “knew or should have known that many objects acquired by the Getty were illegally excavated from Italy.”

Among their best evidence, he noted, would be True’s own 2000 speech before her peers at the AAMD.

Wrestling with Orphans in the Skagit Valley

On this summer’s book tour/family road trip to the Pacific Northwest, Jason spent some time at a family farm in the scenic Skagit Valley. While there, our hosts Drs. David and Jenny Benson organized what has got to be one of the best book parties in recorded history.

The festivities included a jam session by David and his old band; grilled oysters from the nearby Puget Sound; and a delicious Frogmore Stew (aka Low Country Boil) prepared by Liz and Ben Fischer, our friends from North Carolina.

After the feast, Jason spoke a bit about Chasing Aphrodite, then opened the floor for a lively discussion about the problem of the so-called “orphans,” archaeological objects that have been looted and now — thanks to reforms in museum collecting practices — have no home.

The two dozen or so guests — who ranged from farmers and doctors to teachers and artists and film makers — had lots of ideas for solutions to a problem that has perplexed a generation of art world leaders.

Why not make an international museum for these objects? Perhaps a traveling exhibition that tours around the world? Could they be distributed to museums with lesser collections? Ray Bakke, the distinguished author and theologian, spoke eloquently about his insights from years of inter-faith dialogue around the globe.

In these dog days of summer, that lovely afternoon in the Skagit Valley is stuck in our minds. Our thanks to the Bensons for hosting the wonderful event. We’ll be sharing some of these insights as we continue our book tour in the fall with several stops on the East Coast.

Meantime, what do you think should be done with the “orphans”?


Our exchange with Hugh Eakin at the NY Review of Books

The New York Review of Books has published our exchange with Hugh Eakin about his review of Chasing Aphrodite.

For those who haven’t followed the back and forth: Eakin reviewed the book in June’s NYROB. We posted our response here. The NYROB has now published an abbreviated version of that response with a final comment from Eakin.

We took issue with Eakin’s review, which we found “begrudgingly complimentary in several places, but also curiously littered with internal contradictions and a derisive tone that went unsupported by any argument of substance.” Eakin’s contortions appeared to be colored by his competing coverage of the Getty scandal for The New York Times and his sympathy for former Getty curator Marion True, who he had profiled in the New Yorker.

In Eakin’s final comment, he writes: “Let me be clear: there is nothing grudging about my admiration for their extraordinary revelations about the Getty Museum. Contrary to what they suggest, neither I nor any other reporter could compete with them because their information was, as I wrote, all their own.”

He goes on to cite several facts that he calls “contradictory” to our account of the controversial statue of Aphrodite, which was looted in Sicily and never seriously studied during its 22 years at the Getty. Rather than contradict our account (several of the facts he cites were, after all, first reported by us), they illustrate the contradiction between Marion True’s public and private persona. For example, Eakin cites two cases in which True professed to be open to scientific investigation of the statue’s origin. But he omits True’s statement to the Getty’s own attorneys that the purpose of these activities were “to keep the Carabinieri happy that we’re doing something.” (cited on p. 202 of Chasing Aphrodite)

As we said in our response to another True empathizer, sympathy for True’s plight is understandable, but should not blind us to the troubling complexities of her actions.

Eakin concludes his comment by noting, “The leaking of information to journalists places a burden on them to countercheck the claims being made.” We agree wholeheartedly, and spent the better part of five years seeking confirmation of and context for the leaked information we obtained. They offer a complex and multifaceted account that has not been contradicted. We wish Eakin had taken similar care to paint the whole picture.

We welcome your thoughts on the issues raised in this exchange. Feel free to chip in with a comment via the link below.

Loot at the Seattle Art Museum?

While in Seattle last month for a talk at Elliot Bay Bookstore, I stumbled across an interesting piece in the Seattle Art Museum’s permanent collection of ancient art: a marble Roman portrait head of the Emperor Claudius.

Why interesting? Here’s the provenance listed for the object: “Robin Symes Ltd.; Seattle Art Museum, Norman and Amelia Davis Collection.” That’s the same Robin Symes who brokered the sale to the Getty of the looted Griffins, Apollo and Lekanis, which the museum returned to Italy in 2007. He was also the dealer who sold the Getty its famous looted statue of Aphrodite, which was returned to Italy last year. (Symes was never indicted by Italian authorities, but his name comes up repeatedly as a key player in their investigation of the looted antiquities trade.)

I asked the Seattle Art Museum for details about the object. What was known about its ownership history? Was the museum concerned about possessing an object from a dealer known to traffic in looted art?

According to museum spokeswoman Cara Egan, the Claudius was acquired in 1993 from Symes. It had not been previously published, and had no known ownership history. (The Norman Davis endowment — named for a prominent Seattle collector of ancient coins — provided the funds for the purchase.)

“We proactively contacted the Italian authorities several times beginning in 2006 to alert them about the Claudius portrait and to research the object’s provenance,” said Egan. “We have not received a response back from them.”

The museum does not have any other objects in its collection known to have come through Symes or the other prominent dealers implicated in the Italian case, Egan said. The SAM continues to actively research the provenance of the piece and welcomes new information.

Egan did not provide any details about that research. We suggest the SAM consider contacting Greek authorities, who raided Symes’ estate on the island on Schinoussa. Among the items seized during the raid were photos of dozens of likely looted objects sold by Symes.

 

Podcast: Chasing Aphrodite at the Commonwealth Club

 

 

The Commonwealth Club has posted a podcast from Jason’s July 12 appearance.

The hour-long conversation with host Anne W. Smith, chair of the Club’s Art Forum, touched on a wide range of issues including the origins of the Getty scandal, political pressure we faced while covering it for the LA Times, and lessons to be learned for non-profits and arts organizations. The lively audience of about 60 had great questions.

You can listen to the podcast here.

 

 

An hour of Chasing Aphrodite on KQED’s Forum with Michael Krasny

Jason was interviewed Tuesday on KQED’s Forum, the award-winning public affairs program in San Francisco.

During the hour, Jason and host Michael Krasny touched on a variety of topics, including the fall of Marion True, the fate of so-called “orphans,” the Elgin marbles and Western imperialism. Callers had some interesting questions, including several people wondering what to do with looted objects they have come across.

You can listen to and download the program here.