Tag Archives: Subhash Kapoor

UPDATED > Trouble in Toledo: Feds Investigate Stolen Ganesh, Other Objects from Kapoor at Toledo Museum

ganesh

Let the Lotus Feet of Lord Ganesha, from whom scriptures sprout, confer
on us unmixed blessings. Like thunderbolts, let them shatter away hurdles
that are heaped like mountains.

─ Prayers to Ganesha

UPDATE 10/2/14: The Toledo Museum announced it would return the looted bronze Ganesh to India. Museum officials told the Toledo Blade that its Art Committee voted to return the bronze in late August after deciding the statue closely resembled a Ganesh stolen from an India temple. That resemblance was first noted by Vijay Kumar, who carefully detailed the similarities between Toledo’s Ganesh and one identified as stolen from the Sivan Temple by India’s Idol Wing police unit since 2009. 

UPDATE 2/27: The federal government is investigating the Toledo Museum’s acquisition of a bronze Ganesh and 63 other objects acquired from Kapoor. In an email, museum spokeswoman Kelly Garrow confirmed that Department of Justice officials in New York’s Southern District contacted the museum on Feb 21st to request records related to the musem’s dealings with Kapoor. The museum may have also been contacted by Indian authorities: “We are currently working with government officials from the United States of America and India on this matter,” Garrow said. 

On July 18, 2013 I wrote to Brian Kennedy, the director of the Toledo Museum, requesting information about a Chola-era bronze Ganesh that the museum acquired in 2006 from Manhattan antiquities dealer Subhash Kapoor. As my colleague Vijay Kumar first noted, the sculpture appears identical to one identified as stolen from the Sivan Temple by India’s Idol Wing police unit since 2009.

Brian KennedyNoting the match, I requested information on the ownership history of the Ganesh and all other objects the Toledo Museum acquired from Kapoor. It was a request I had first made of the museum a year earlier, with no response.

Toledo’s reply last July was to continue to stonewall: “Our policy is to respond to requests about objects in the TMA collections made by official authorities such as museums, law enforcement agencies, foreign governments and those making legal claims to ownership,” spokeswoman Kelly Garrow told me. “There have been no such inquiries to date in regard to the objects referred to in your email.” In other words, in Toledo’s view the public has no right to know the ownership history of objects in the museum’s collection, even when serious legal questions have been raised.

imagesWith Kapoor’s criminal trial in India for the Sivan thefts set to begin March 7, this week the Toledo Museum reversed that wrongheaded position and released a list of 64 objects it acquired from Kapoor between 2001 and 2010. The museum attributed the move to the information I provided Kennedy on July 18th – with no explanation for the seven month delay. The museum also said it had contacted Indian authorities in July seeking additional information about the objects.

“This is a very stressful situation for us, as we always strive to be absolutely meticulous concerning provenance before purchasing any work of art,” Kennedy wrote to the Indian Consul for Culture in New York in July. “If you could offer us any assistance in our continued research on this piece we would be most grateful.”  Toledo said it has not heard back from Indian authorities.   

We can now answer some of the museum’s questions about the Ganesh. According to documents we’ve recently obtained, it was stolen from an Indian temple shortly the museum bought it in 2006 for $245,000 with the thinnest of fake ownership histories.

GANESH

Vinayagar Toledo

The Toledo Ganesh was stolen from the Sivan Temple in Tamil Nadu India in late 2005 or early 2006. According to Indian investigators, Kapoor traveled to Tamil Nadu a year earlier and met with Sanjivi Asokan, the alleged head of a ring of idol thieves in the region. Kapoor asked for Chola-era bronzes, which were in high demand on the art market. Over the next several months, Asokan allegedly hired thieves who — for 700,000 rupees, or about USD$12,000 — broke into the Sivan Temple and stole the Ganesh and seven other idols show below.

Sivan Temple idols

On his blog Poetry in Stone, Kumar has carefully detailed the evidence linking the Toledo Ganesh with that shown in the Idol Wing photos. There is little doubt about the match.

Records we have obtained go further. They include photos of the Ganesh that were sent to Kapoor by Indian thieves soon after it was stolen. An invoice shows the Toledo Museum purchased the Ganesh in May, 2006, soon after its theft, for $245,000. India’s Idol Police posted details of the theft, including images of the Ganesh, in 2009.

Toledo now insists it conducted proper due diligence: “At the time of purchase consideration, the Museum received a provenance affidavit and the curator personally spoke to the listed previous owner.  The object was also run through the Art Loss Registry with no issues detected.”

We’ve previously discussed why a search certificate from the Art Loss Register is meaningless for antiquities. As for the “previous owner” Toledo contacted, it was none other than Kapoor’s girlfriend Selina Mohamed, who was criminally charged in December by the Manhattan District Attorney’s office with participated in a decades-long conspiracy to launder stolen antiquities by creating false ownership histories. Among the provenances she is charged with fabricating is that of the Toledo Ganesh, records show.

In the letter – dated Jan 2, 2006 on Art of the Past letterhead – Mohamed claimed to have inherited the sculpture from her mother, Rajpati Singh Mohamad, who was said to have purchased it on a trip to India in 1971 – the year before India passed its Antiquities and Art Treasures Act. Mohamed claimed to have had possession of the sculpture in New York since that date. Such convenient out-of-source-country-just-before-ownership-law-passed dates are often used is false ownership histories, and should be a red flag to curators.

In the end, the Toledo Museum’s “absolutely meticulous” due diligence process relied on a single sheet of paper that turns out to have been fabricated.

Carolyn-Putney1

It also raises the question: Did Carolyn Putney – Toledo’s curator of asian art since 2001, when the museum first did business with Kapoor – not know that Mohamed had long been Kapoor’s girlfriend and business partner?

We’ll have more on Toledo’s other troubling Kapoor acquisitions soon.

 

Advertisements

Unprecedented: Australia’s National Gallery Sues Kapoor Over $5 Million Stolen Shiva

shiva.kapoor

UPDATE 2/15: The Hindu has revealed new evidence that the Shiva was stolen — a photograph of the bronze taken in situ some 30 years ago. Tamil Nadu police have confirmed the match, reports A. Srivathsan. Vijay Kumar has demonstrated previously that Shiva’s consort Uma was also stolen from the temple and is now in the custody of the US Government. As Kumar writes, “This should be more than adequate proof to seek the return of this bronze back to India and hopefully reunite the divine couple.”

UPDATE 2/14: I was interviewed by the Australian Broadcasting Corp. about the latest development in the Kapoor case. The National Gallery confirmed to the ABC that they have contacted the Indian government to “discuss avenues for restitution” for the statue, which it now admits was likely stolen. Here’s the story and the interview.

The National Gallery of Australia has filed a $5 million lawsuit against Manhattan antiquities dealer Subhash Kapoor alleging the dealer and his staff committed fraud when they sold the museum an 11th century bronze sculpture of Shiva that had been stolen from an Indian temple.

subhash kapoorThe lawsuit, filed on February 5th in New York’s Supreme Court, alleges Kapoor, his gallery and manager Aaron Freedman “fraudulently induced NGA to acquire the Shiva by making misrepresentations and false assurances concerning the history of the Shiva.” The museum states that as a result of evidence the statue was stolen, the Shiva “now has, at best, clouded title and diminished or no financial and other value.”

shiva-natraja1We first revealed last June that the NGA’s Shiva had been stolen from the Sivan Temple in Tamil Nadu temple. Our post included this photo – sent to Kapoor by an alleged smuggler in 2006 – showing the Shiva soon after it was stolen. We published a copy of the search certificate Kapoor obtained from the Art Loss Register, and linked to the Tamil Nadu Idol Wing, which detailed its investigation of the Shiva’s theft in 2006.

120413aaronfreedman4shThe NGA’s response at the time: “there is yet to emerge any conclusive evidence.”  In its complaint filed last week, the NGA states that a “concrete development” only took place in December, when Aaron Freedman, Kapoor’s gallery manager (above), pled guilty to six criminal counts, including forging provenance.

The NGA lawsuit, to our knowledge, is unprecedented. American museums and private collectors have returned hundreds of looted objects to Italy, Greece, Turkey, India, Cambodia and other countries in recent years. In nearly all those cases, dealers had provided standard warranties guaranteeing good title to the objects. And yet not one museum or collector had filed a similar lawsuit…that we know of.

Why not? For one thing, it will likely be difficult to collector from Kapoor, who is facing criminal trial in Indian and an arrest warrant in the United States. Perhaps more importantly, such a lawsuit could expose claimants to extensive discovery about their due diligence and possible counter-claims from dealers that the buyers knew full well the objects being purchased had been looted. Awkward.

radford_1511_narrowweb__300x453,0If Kapoor defends the NGA lawsuit, the Australian museum could face these awkward questions. We know, for example, that NGA Director Ron Radford (left) personally met with Kapoor in his New York gallery. Might we hear Freedman or Kapoor’s version of what exactly Radford knew at the time?

The NGA attempts to forestall this argument by detailing – for the first time – the due diligence it conducted before buying the Shiva. The museum:

  • Obtained a search certificate from the Art Loss Register. [We’ve explained here why the ALR is virtually useless for antiquities.]
  • Confirmed the address of a previous owner who reported lived in Washington DC [But didn’t, apparently, contact that person.]
  • Consulted the Tamil Nadu Idol Police website [But didn’t, apparently, contacting the police themselves. The site did not post information about the theft until it was discovered in 2008. Did the NGA never check again?]
  • Checked  Indian archaeological records and an Indian expert. [Whom they haven’t named.]
  • Relied on other documents and guarantees provided by Kapoor. [Which we now know were forged.]

Needless to say, this sounds an awful lot like optical due diligence.

The Shiva lawsuit may be the first of several from the NGA. The museum acknowledges it purchased 21 other objects from Kapoor’s gallery between 2002 and 2011, and we’ve detailed similar damning photos and forged ownership histories for objects valued at nearly $10 million. The museum notes, “further work will need to be undertaken by the NGA to ensure clear title and accurate provenance of those works.”

imagesMeanwhile, Kapoor’s criminal trial in India, which was due to begin this week, has been delayed until February 21. It will likely reveal additional details about these and other objects.

Here are copies of the NGA lawsuit and Exhibits:

False Provenance: Indictment of Kapoor’s Girlfriend Reveals Fake Ownership Histories

UPDATE 3/13/15: Selina Mohamed pled guilty in December 2013 to a misdemeanor conspiracy charge as part of a plea agreement with the Manhattan District Attorney’s office, reports Rick St. Hilaire. She was sentenced on March 12, 2015 to conditional discharge.  

The Manhattan District Attorney’s Office criminally charged the girlfriend of Manhattan antiquities dealer Subhash Kapoor on Friday, alleging she participated in a decades-long conspiracy to launder stolen antiquities by creating false ownership histories and, more recently, helpin to hide four stolen bronze sculptures as investigators closed in on Kapoor.

subhash kapoorSelina Mohamed was charged with four counts of criminal possession of stolen property and one count of conspiracy, court records show. She is the third person criminally charged in the case, following the indictments of Kapoor’s sister Sushma Sareen and gallery manager Aaron Freedman, who pled guilty to six criminal counts earlier this month. There is arrest warrant out for Kapoor, who is in custody in India awaiting trial. [Full coverage.]

Prosecutors allege that since 1992 Mohamed has been involved in the fabrication of bogus ownership histories for dozens of objects Kapoor sold to museums around the world. Since 2007, she also had nominal control over several of Kapoor’s storage facilities.

The possession charges relate to Mohamed’s alleged role in the disappearance of four of Kapoor’s stolen bronze sculptures – two of Shiva and two of Uma – valued at $14.5 million. Kapoor instructed his gallery manager to send the Chola-era bronzes to Mohamed’s house in November 2011, the complaint states. After federal agents with Homeland Security Investigations searched Kapoor’s Art of the Past gallery and storage facilities in January 2012, Mohamed insisted that the bronzes be removed from her house. They are now missing.

Mohamed, who records show was arrested on Friday, could not be reached for comment. Her attorney is not identified in court records.

Mohamed allegedly created false provenance for several Kapoor objects we’ve written about in the past. Several more are identified in the complaint for the first time. They include:

152676

A 10th – 11th century sculpture of Lakshmi Narayana from northern India, now at the National Gallery of Australia. The NGA bought it from Kapoor in 2006 for $375,000, records show. As Kapoor noted in promotional materials, “The treatment of the eyes is similar to that of another Lakshmi-Narayana from the temple at Khajuraho,” a world heritage site in Madhya Pradesh that contains some of the greatest masterpieces of Indian art.

M5913A gilded 18th century altar from Goa showing the Virgin Mary at Singapore’s Asian Civilization’s Museum. Kapoor sold it to the museum in 2009 for $135,000, describing it as “one of the most important and unique examples of Goanese art to appear on the market in over a generation.”

For the first time, Friday’s criminal complaint  lists several American museums that purchased objects from Kapoor and his associates, who the complaint says attempted to launder them with fabricated ownership histories. They include:

harn vishnu

12th century Vishnu Trivrikrama at the University of Florida’s Harn Museum in Gainsville, FL

Records show Kapoor visited the museum in April 1999 and met with the interim director, Larry David Perkins. Soon after, Kapoor offered to sell the statue to the museum with a false provenance created by Mohamed, records show. His promotional material described its importance, saying, “There is only one known Vishnu Trivikrama image in the world in the National Gallery of Australia, Canberra, which rivals the Art of the Past image.” The Harn purchased it for $75,000 in 1999.

M5240A 19th century painting at the Peabody Essex Museum in Salem, Mass. The museum purchased the painting from Kapoor for $35,000 in 2006. This is the first of painting that investigators have identified as bearing a bogus provenance, suggesting his criminal activity may have extended beyond ancient art. Kapoor sold or donated dozens of paintings to museums, particularly the Met.

The complaint also notes Kapoor attempted to sell a Jain bronze shrine with a false letter of provenance to the Metropolitan Museum of Art in 1992. The museum did not acquire the piece, and its unclear where it is today.

M5796aFinally, Mohamed allegedly provided false provenance for a torso of a Vedata that was reported as stolen from Karitalai, India in 2006 on the Interpol database. Kapoor put its value at $450,000, noting in his catalog, “This ornamentation is nearly identical to the jewelry seen on the famous sculpture of a Dancing Devata at the Metropolitan Museum of Art.  The similarity is so strong that it is highly possible both sculptures come from the same workshop.” (The Met’s Devata is a promised gift from Florence and Herbert Irving and has been on loan to the museum since 1993.)

The false provenances allegedly created by Mohamed over the years were not terribly sophisticated. Here is a sample of one she allegedly created to go with with the NGA’s Dvarapalas:

Dwarapalas prov

Going forward, a key question will be: To what extent did museums conduct basic due diligence on these claimed ownership histories? Many museums no doubt took them at face value. They should immediately make public any provenance information they’ve received from Kapoor to show their good faith and assist investigators with this burgeoning case.

We’ve posted the criminal complaint against Mohamed here:

UPDATED: Guilty Plea: Kapoor’s Gallery Manager Cops to Six Criminal Counts

UPDATE: The National Gallery of Australia announced Thursday that it is seeking to return its stolen Shiva, purchased from Kapoor in 2008 for $5 million, and will pursue a lawsuit against Kapoor. See below for details. 

The manager of Subhash Kapoor’s New York antiquities gallery pleaded guilty Wednesday to six criminal charges related to trafficking in stolen art.

ed106For nearly two decades, Aaron Freedman, 41, managed Art of the Past on Madison Avenue, a major supplier of ancient art to museums and private collectors around the world.

During that time, court records say, Freedman helped Kapoor manage a global network of looters, thieves and smugglers who pried artifacts from temples and ruins, laundered them with forged ownership histories and sold them to some of the world’s most prominent museums and collectors.

“He arranged for the shipping into and out of the United States of antiquities stolen from numbers countries including, but not limited to, India, Afghanistan, Pakistan, and Cambodia, having the antiquities shipped through intermediaries in order to create documentation to help launder the pieces,” the court records say. “He also arranged for the manufacturing of false provenances for illicit cultural property, the contacting of prospective buyers, and the ultimate sale and transport of those looted and thereafter laundered antiquities.”

In a court appearance Wednesday, Freedman pleaded guilty to one count of criminal conspiracy and five counts of possession of stolen property, according to a spokesman for  the Manhattan District Attorney’s office. His attorney Paul Bergman did not return calls for comment. According to an online profile, Freedman graduated from Vassar College before studying Art History at Rutgers University. He started work at Art of the Past in 1995.

UPDATE: Bergman told The New York Times his client was eager to “take concrete steps to rectify his serious mistakes.” The prosecutor on the case was quoted by the Times saying, “Mr. Freedman, I believe, is sincerely and genuinely remorseful and repentant and he has taken significant steps toward making amends.” It appears likely Freedman will be cooperating with investigators.

subhash kapoorFreedman’s boss Subhash Kapoor is now in custody in Chennai, India where he is facing trial as the alleged mastermind of an international antiquities smuggling ring. Federal investigators have described Kapoor as one of the most prolific antiquities smugglers in the world. In a series of raids on his New York gallery and storage facilities, agents have seized an estimated $100 million in art. They are now in the process of tracking down objects he sold to museums and collectors around the world. [Find all our past coverage of the Kapoor case here.]

Since 1974, Kapoor has sold or donated thousands of pieces of ancient art to the Metropolitan Museum of Art in New York City, the Los Angeles County Museum of Art , the Norton Simon Museum, the Asian Art Museum of San Francisco, the Art Institute of Chicago, the Toledo Museum in Ohio and others. Abroad, his clients included the Musée des Arts Asiatiques-Guimet, Paris; the Museum of Asian Art in Berlin; the Royal Ontario Museum in Toronto; the Asian Civilisations Museum in Singapore; and Australia’s National Gallery and Art Gallery of New South Whales.

The court records filed Wednesday detail several stolen objects that Freedman and Kapoor attempted to sell to museums and collectors.

The Bharhut Stupa

M5648 copyThe most important has not previously been revealed: a nearly 7-foot tall 2nd Century BCE sandstone sculpture from Bharhut stupa, in central India. Kapoor priced it at a staggering $15 million, calling it “the most significant example of Indian sculpture known to exist outside of India.”

In his gallery’s promotional materials for the sculpture, Kapoor stressed the object’s importance and rarity: “The Bharhut Stupa is one the most important monuments for the history of stone sculpture in India, as it was one of the first Buddhist monuments to have used stone extensively in its construction. In addition, the Bharhut Stupa was one of the most important destinations for pilgrims in its time.”

“The material remains from Bharhut Stupa are extremely limited, and, therefore, incredibly rare. Aside from a handful of museums in India (the Allahabad Museum, the Indian Museum in Calcutta, and the National Museum in New Delhi) there is no collection in the west, except for the Norton Simon Museum in Pasadena, California, that has anything worth mentioning from this all-important site. The Norton Simon Museum has two well-known railing pillars from the Bharhut region that were acquired in the late 1960s….”

In a letter to a potential buyer, Freedman said the sculpture had “become available from an old private collection.” Investigators say it was stolen from the private residence of an Indian man who reported the theft in 2004.

Uma Parameshvari in Singapore

M5354newhfThis 11th Century Chola sculpture of Uma Parameshvari, the Great Goddess, standing in her sensuous thrice-bent pose, was stolen from the Sivan Temple in India’s Ariyalur District in 2005 or 2006, according to the court records.

Kapoor sold it to Singapore’s Asian Civilizations Museum in February 2007 for $650,000, records show. His contact there was the museum’s senior curator Dr. Gauri Krishnan.

Also cited in support of Freedman’s criminal charges are four missing Chola sculptures worth $14.5 million that authorities allege were hidden by Kapoor’s sister, Sushma Sareen. As we reported in October, Sareen was criminally charged for her role in the case.

The final piece mentioned in the court records is the National Gallery of Australia’s sculpture of Shiva, purchased for $5 million in 2008. As we revealed in June, the sculpture was stolen from the Sivan Temple in Tamil Nadu.

UPDATE 12/5: The National Gallery of Australia released the following statement after learning about Freedman’s plea agreement:

The NGA’s Chola-period Shiva Nataraja is among the items listed as being illegally exported from India. This information represents a significant and concrete development in the available information regarding the Kapoor case. The Gallery has instructed its American attorneys to commence legal proceedings against Subhash Kapoor in accordance with the provisions of our acquisition agreement. NGA Director Ron Radford has already contacted the Indian High Commission to discuss avenues for restitution…

shiva.kapoor

Freedman is due back in court on February 4th for sentencing. The Superior Court Information on his case, NY vs. Freedman (No. 2013NY091098) can be found here: 

Untold Millions: The National Gallery of Australia Won’t Say What They Paid Kapoor, So We Will – At least $8.5M

imagesThe National Gallery of Australia has refused to tell Australia’s Senate how much it paid (with public money, in some cases) for the 21 objects it acquired from New York antiquities dealer Subhash Kapoor, who is now facing criminal trial in India for trafficking in stolen art.

The museum has also refused repeated requests from local and international media to release details on the objects it acquired from Kapoor, despite mounting evidence those objects are stolen property and were illegally exported from India.

The NGA’s stonewalling has inspired our digging. We can now reveal that the National Gallery of Australian paid Kapoor at least $8.5 million between 2002 and 2011.

Previously we’ve reported the NGA paid Kapoor $5 million for a Nataraja; $500,000 for a pair of Dvarapalas; $337,500 for a Nagaraja; and $195,000 for an Alam. Here are the prices paid for several other Kapoor objects that were first identified by Michaela Boland in the Australian last month:

The first object the NGA acquired from Kapoor was in September 2002, when the museum paid $35,000 for this Durga Slaying The Buffalo Demon, a 12th-13th century sculpture made in Gujarat, India. An employee of Kapoor assured NGA curator Robyn Maxwell that the piece would “arrive no later than next Friday in Sydney – in time for the gallery’s birthday weekend.”

durga

In Nov. 2003, the NGA purchased a Seated Gina under an arch from Kapoor for $125,000. The museum identifies the Jainist marble piece as coming from the Mount Abu region, Rajasthan, India.

128702

On May 31, 2005 the NGA paid Kapoor $1.775 million for three important Indian antiquities. One was a bronze dancing child-saint Sambandar, purchased for $850,000. It was accompanied by a false letter of provenance dated 1969. This image shows the Sambandar in Kapoor’s catalog:

Sambandar

The image of the Sambandar below shows it in Kapoor’s gallery before restoration. Note the bronze appears to be dirty.

This image of the Sambandar shows it in Kapoor's gallery before restoration.

The second in the batch was a granite Goddess Pratyangira purchased for $275,000. As Kapoor noted in his catalog, “Representations of Pratyangira are exceedingly rare, with only one other example known, a 17th-century image that is still in worship.”

pratyangira

The final piece acquired in May 2005 shows worshipers dancing beneath the bodhi tree, and was acquired for $1.25 million. The NGA helpfully identifies it as coming from “the dome of a stupa at Amaravati, an important Buddhist pilgrimage site in India.”

143989

India wasn’t the only source for Kapoor’s antiquities network. In September 2006, Kapoor sold the NGA the head of a Bodhisattva for $247,500. It was likely looted from a Gandharan site in Afghanistan or Pakistan.

bodhisattva

In addition to antiquities, Kapoor also sold the museum several religious icons. This 18th century ivory Madonna and Child were sold to NGA in August 2011 for $35,000.

Madonna and Child

Kapoor sold this ivory crucifix from the Portuguese colony of Goa, India to the NGA in Oct. 2007 for $337,500. The museum says, “Holes piercing completely through the hands and feet mark stigmata and indicate the icon would have originally been affixed to a large cross.”

Christ crucified1

We encourage the National Gallery of Australia and other museums to be more forthcoming with information about objects in their collections. Museums are public institutions and owe the public an explanation of what they acquire, from whom they bought it and what they paid for it, particularly when questions are raised about an object’s provenance.

As we’ve learned from the Getty Museum, museums that try to hide the ball end up paying a higher price in the end.

A Family Affair: Kapoor’s Sister Charged With Hiding Looted Idols

The Manhattan District Attorney’s office has charged the sister of Manhattan antiquities dealer Subhash Kapoor with attempting to hide from federal authorities four stolen bronze sculptures worth $14.5 million.

kapoor arrest

Kapoor after his arrest and extradition to India

Sushma Sareen was charged on October 7 with four counts of felony possession of stolen property. According the criminal complaint, Sareen took over Kapoor’s business after his arrest in Germany in 2012 and began running it with Kapoor’s daughter Mamta Sager. Ever since, Sareen has been closely involved with the business, traveling to India, assisting with wire transfers and contacting smugglers, the complaint alleges.

Sareen was released on $10,000 bond. Her lawyer Scott E. Leemon told the New York Times that Sareen denied the charges. See our past coverage of the Kapoor case here.

Dancing Siva IFP 2236-5

Bronze Shiva Natarajah stolen from an Indian temple in 2008

The Chola-era bronzes she attempted to hide are among 14 that were stolen in February 2008 from the Varadharajah Perumi temple in Suthamally Village of Tamil Nadu, India, the complaint alleges. The idols were allegedly stolen for Kapoor by a crew hired by his accomplice Sanjeevi Ashokan. According to Indian investigators, Ashokan “used to select Chola period temples, which were in ruins, for committing theft of antique idols, as theft in such temples would not be known soon after the crime. For identifying temples to commit the crime, he used to refer to books such as South Indian Bronzes, Master pieces of Indian Sculptures and Survey Maps.” In all, 18 idols were stolen from a dilapidated temple during two days in February 2008. They were transported in a truck to Chennai, the Tamil Nadu capital, where many were provided to Ashokan, who paid Rs. 25 lakhs, or about $50,000.

Shiva Nataraja

Shiva Nataraja shown in Kapoor’s Art of the Past 2010 catalog

Ashokan allegedly exported the idols in a shipment mixed with modern handicrafts through the Chennai Port on March 6, 2008 to Union Link Int. Movers (HK) Inc in Hong Kong. Kapoor paid Ashokan more than 1 million rupees, or roughly US$230,000, through HSBC bank for the idols, Indian investigators allege. Shipping documents seized by U.S. federal agents appear to support that conclusion. The complaint says the shipping records show the 14 idols were illegally exported from India to Hong Kong along with otherwise legal shipments of “new Indian artistic handicrafts.”

The complaint also spells out the early stages of the Kapoor investigation and reveals that federal agents have recruited several insiders — including a member of Kapoor’s staff and a person who posed as a private collector — as informants in their investigation of Kapoor, who they have described as “one of the most prolific commodities smugglers in the world.”

That investigation appears to have begun in 2007, when a person described as “Informant #1” was arrested in California and pled guilty to a customs violation. The defendant began cooperating with federal investigators, who asked Informant 1 to contact Subhash Kapoor and employees of his Madison Avenue  gallery Art of the Past.

Informant 1 began asking Kapoor and his staff for “fresh” antiquities, a euphemism for objects that had recently been looted or stolen. In a 2008 visit to Kapoor’s gallery, Informant 1 was offered a stolen 12th century sculpture of the dancing Hindu got Shiva Nataraja for $3.5 million.

In September 2011, Informant 1 recorded a meeting with Kapoor in which he was offered the $3.5 million Shiva and another Shiva valued at $5 million, both of which were on display in the gallery. Kapoor said he had been holding the objects for a few years and expected them to appreciate by 10 to 15% a year. Both had been displayed in Kapoor’s catalogs and other catalogs, including the Asia Week New York 2009.

Emails obtained by federal agents show Kapoor also was shopping two other Chola bronzes: a Uma Parameshvari valued at $2.5 million and a $3.5 million Uma Parvati.

Sivagami Amman Alias Thani Amman IFP No. 2236-1

Figure of Uma Parvati shown in its original setting in an Indian temple 

Uma Parvati shown in Kapoor’s Art of the Past catalogue

In November 2011, Kapoor instructed an employee to send the four bronzes to the apartment of Selina Mohamad. After federal agents searched Kapoor’s gallery in Jan 2012, Mohamad asked that the statues to be moved. Sareen allegedly moved them to a “safe location.”

It is not clear where the bronze idols are today. Kapoor is currently being held in a Chennai jail awaiting trial.

Here is the criminal complaint against his sister:

UPDATE: Vijay Kumar’s site Poetry in Stone has posted a detailed analysis of these and other Kapoor objects. Check it out: http://poetryinstone.in/

Optical Due Diligence: Art Loss Register Claims To Vet Ancient Art. Does it?

UPDATE 8/9/14: The Sunday Times has published another devastating report on the Art Loss Register’s business practices. ALR Founder Julian Radcliffe admits paying thieves to recover stolen art in a dozen cases and is described as a “fence” by senior European law enforcement officials.

UPDATE: A 9/20/13 story in The New York Times reveals other questionable dealings of ALR and the departure of General Counsel Chris Marinello.

UPDATE 9/13: We’re told there have been several recent departures of senior staff from the Art Loss Register. They include Alice-Farren Bradley, a recovery specialist; MaryKate Cleary, who researched Nazi looting claims until she left for MOMA; and Ariane Moser, who managed European clients. That leaves Radcliffe, general counsel Chris Marinello, antiquities specialist William Webber and a handful of others.

Thirty years ago, a Getty antiquities curator coined the phrase “optical due diligence” — creating the appearance of caution while continuing to buying suspect antiquities.

Today, that continues to be the favored approach for much of the art world. Museums, auction houses, private collectors and dealers all claim to vet ancient art to make certain it was not illegally excavated. Yet we keep learning that the vetting process failed to prevent the acquisition of recently looted art.

banner_bg

A key facilitator of this fiction is the Art Loss Register, a for-profit registry based in London. ALR charges nearly $100 for a search of its files, touted as “the world’s largest database of stolen art.” In return, a client receives a certificate stating “at the date that the search was made the item had not been registered as stolen.” Sadly, that caveat-laden certificate has become the coin of the realm for due diligence in the art world.

As we revealed recently, the certificate offered no protection to the National Gallery of Australia, which purchased a stolen bronze Shiva after receiving an ALR search certificate from antiquities dealer Subhash Kapoor:

The NGA was merely the latest to learn that, when it comes to antiquities at least, ALR certificates are not worth the paper they’re printed on. David Gill recently noted that the ALR claims to protect buyers, but appears to have provided certificates for the Christies sale of antiquities that have since been tied to known loot dealers Giacamo MediciRobin Symes and Gianfranco Becchina.

Tom Flynn recently wrote that the ALR “is not a force for good,” adding that “a virtual market monopoly in Due Diligence provision is not good for the art market.” He cited this example of ALR’s shady dealings outside the area of antiquities:  

In 2008, it was revealed that the company had been approached by a Kent art dealer, Michael Marks, who was seeking to conduct Due Diligence on a painting by the Indian Modernist artist Francis Newton Souza, which Mr Marks was hoping to buy. Marks was told by ALR chairman Julian Radcliffe that the painting was not on the ALR’s database of stolen art. It was.

In the court judgment issued by Justice Tugenhadt, it emerged that: “After Mr Marks had paid the search fee, he spoke to Mr Radcliffe. It is common ground that Mr Radcliffe told Mr Marks that if Mr Marks were to buy the Paintings, he, Mr Radcliffe, had a client who was interested in buying them from Mr Marks. Mr Marks asked Mr Radcliffe whether there was a problem with good title, and Mr Radcliffe said that there was not. It is common ground, and Mr Radcliffe accepts, that he misled Mr Marks.”

Given this history, we were curious why the ALR continues to issue certificates for ancient art — and why the art world continues to accept them as evidence of anything. In June, Jason contacted ALR founder Julian Radcliffe for his views on the issue. Here are excerpts from our conversation:

Jason Felch: Why does ALR provide search certificates for ancient art when there is obviously no documented theft when most antiquities are looted?

Julian Radcliffe 2

Julian Radcliffe: We are aware of the fact that our certifications are waved in the air saying, ‘Look what a good boy we are.’ We don’t like that. Ten years ago, the police and Carabinieri came to us and said, ‘Your certifications are being abused by bad guys who are waving them around as proof of clear title.’ We all know illegal excavations are not in the database. So 10 years ago we said, we’ll stop giving any certifications for antiquities, a difficult area. Then, when we had a further meeting [with law enforcement], they said the certifications are quite useful to police, as they give an audit trail. And if dealers don’t ask you [for one], it’s of great interest because that’s evidence they’re trying to suppress the fact. So we continued to issue them, at the request of law enforcement. 

JF: Who, specifically, asked you to continue providing certificates for antiquities?

JR: I won’t say. And the Carabinieri would deny it if asked, of course.

JF: In 2007, Subhash Kapoor provided no provenance for the Shiva when asking ALR to search its database. Does ALR require provenance today?

JR: We are now insisting they give us some provenance….Where appropriate we try to check the provenance they give us through the British Museum and have made important discoveries. We are not going to be able to detect everything, particularly forged provenance.

JF: When did you start requiring provenance? And what amount of provenance do you require to run a search?

JR: In the last few months. We had a meeting with an auction house this morning, saying that they must give us more provenance…We require the generic information on the current holder and the date that the holder got it. We need a starting point if the certification is challenged later. You told us this was held by a dealer in Paris. If challenged, we would then ask, What’s the name of the dealer? So we can then make the dealer, through a court order, reveal who the parties were. The trouble is very often some of these items genuinely don’t have a full provenance. There are a lot of items out in the market that might have been exported legally, but nobody knows.

JF: So your “provenance” policy doesn’t even require the name of a previous owner until a piece is challenged. Why not require provenance going back to the 1970 UNESCO accord?

JR: I’d love to do that but they [the dealers] would make it up. What I would like to do is to get the source countries and archaeological community to recognize the fact that the antiquities trade would not go away. It continues. One of the problems is that minimalist architectural design favors antiquities and there’s a great demand from interior decorators. The market isn’t going to collapse. So we’ve got to regulate and police it. Reintroduce partage to make the legitimate market and the illicit market very clear. At least we’ve got a clear policy.

JF: Is ALR profitable?

JR: We haven’t made a profit for 10 years. I’ve invested 1 million pounds. I’ve made enough money in other companies that I don’t’ have to worry about it not making additional money. It’s been very hard to get clients to pay. Over half of our income comes from searching people, under half from recovery fees for insurance. Some 40 percent of our income is from recovery. In antiquities we get no recovery fees. The victims can’t pay. It’s a really bad area for us. The rest is from search fees. Half of that comes from auction houses and the other from dealers, museums, collectors, etc. That corresponds to roughly to 50%  of the art market.

JF: Who are your biggest clients?

JR: Our clients include all the major auction houses. A few auction houses won’t search, but Bonhams, Christies and Sotheby’s all use us. It’s no secret that a number of them would like more help from us in this antiquities market. The antiquity dealers have been more inclined to search than dealers in other items.

JF: The NGA’s Shiva is unusual for an antiquity because it had been documented before it was stolen. A year or so after Kapoor received an ALR certificate for the stolen Shiva, Indian authorities posted online images of it with details of the theft. Yet ALR did not make the connection. Why not? Does ALR search past certificates to see if new information has surfaced?

JR: We go around those sites and take items…We employ 25 people in India doing back office searching. A number have worked in the Indian cultural heritage department. But the big issue is with IT:  We have a database of 300,00 – 400,000 stolen items to search against the 2.5 million searches we’ve done in the past. If we search against all those previous searches, it slows down the search too much. And we couldn’t digitize the old searches, not back to 1991.

JF: How many certificates did ALR provide to Subhash Kapoor over the years?

JR: We’re looking into it.

Later via email Radcliffe added, “We are passing on your request for the number of certificates to the law enforcement to whom we gave all the information and will revert when we hear from them.”

No word since.

UPDATE: David Gill, writing with Christos Tsirogiannis in the 2011 Journal of Art Crime, notes that the major auction houses have routinely relied on the Art Loss Register to defend the sale of objects linked to notorious antiquities traffickers including Giacomo Medici, whose archives showing thousands of recently looted antiquities is apparently not included in ALR’s database.

 

UPDATED: At Looted Temple In India, Locals Unwittingly Worship a Fake

058245-ardhanarishsvara-in-agnsw

UPDATED BELOW

Earlier this month we revealed that a 900-year-old Indian sculpture at Sydney’s Art Gallery of New South Wales (above) was stolen from an Indian temple and sold to the museum in 2004 by Manhattan antiquities dealer Subhash Kapoor.

We now have current pictures of the Vriddachalam temple in Tamil Nadu, where a modern replica (below) is today worshipped in place of the stolen piece.

DSC00857

Both the ancient and the modern sculptures represent Ardhanarisvara, a manifestation of the Hindu god Shiva and his lover Parvati. According to Vijay Kumar, an authority on Tamil Nadu temple sculptures, the current sculpture was installed in 2002 during a temple ritual. A local elder told Kumar that the original was stolen sometime in the 1980s. The replacement statue appears to be modern, Kumar notes, because of the position of the right hand: “Iconography stipulates that the hand lay flat on the head of the bull…But the sculptor who did this was most certainly a novice who [while] good in sculpting does not know the agamas (liturgical texts) well!”

In a recent report in The Hindu, journalist A. Srivathsan noted that temple authorities were not aware the original sculpture had been stolen. Srivathsan went on to describe the significance of the discovery:

With this revelation, that came during ongoing investigations involving Subhash Chandra Kapoor, a United States-based antiquities dealer arrested and jailed for his alleged involvement in an idol theft case, it has become apparent that the looting of Indian temple treasures is far more rampant than what was hitherto assumed or known. And, it would seem that even big and well-known temples have not been spared.

Ardhanarishvara receiptWhen The Hindu informed local authorities about the theft, the case was immediately referred to the Idol Wing of the Tamil Nadu police for investigation. Kapoor is facing trial in the coming months in the Tamil Nadu capital of Chennai in a case built by the Idol Wing with the help of American investigators, who have seized more than $100 million in allegedly looted art from Kapoor. (Find our previous Kapoor coverage here.)

The Hindu also dug into a 1970 receipt (above) provided to the museum by Kapoor, who has been known to forge false ownership histories in other cases.

When The Hindu traced out the shop, which still exists in Old Delhi, and spoke to one of the sons of Uttam Singh over the phone, he said he was not aware of such a sale. He also clarified that his deceased father Uttam Singh signed only in Urdu. The receipt produced by the Australian gallery bears no signature.

in_temple

As Michaela Boland has noted in The Australian, authorities at the Art Gallery of New South Wales would have realized the statue they purchased for $300,000 had been stolen if they had simply walked seven minutes across town to the state library of New South Wales. There Douglas E. Barrett’s 1974 book Early Cola Architecture and Sculpture, 866-1014 AD has an image of the sculpture in its original context in the Vriddachalam temple.

Boland quotes Damien Huffer, archaeologist and author of the excellent blog It Surfaced Down Under, saying that the publication clearly establishes the sculpture was removed illegally from India, which has required a permit for the export of antiquities since 1972. Huffer also descries the lack of research performed by museum curators:

“For a museum or gallery to truly perform due diligence requires that they bring all of their often considerable resources to bear to assess all available published information, and not merely what the dealer suggests.”

The case shows once again that today investigators and journalists around the world are doing the research that museums should have done years ago.

UPDATE 7/29: Michaela Boland at The Australian has written a story with the latest developments, noting that Tamil Nadu authorities have been notified of the theft and are investigating. She includes this tidbit suggesting a failure of due diligence at Australian museums: “A researcher at the French Institute [ of Pondicherry, a research unit funded by the French government which maintains a database of significant antiquities in southern India] told The Australian that in 21 years he did not field an inquiry from an Australian art gallery researching Indian artefacts, despite the institute’s well-known database intended to serve exactly that purpose.” Boland also quotes Art Gallery NSW director Michael Brand saying he is “feeling a strong sense of deja vu,” a reference to his handling of similar antiquities scandals at the Getty Museum in 2007.

Lost and Found: Images Show Art Gallery NSW’s Sculpture Was Stolen From An Indian Temple

A 900-year-old Indian statue at Sydney’s Art Gallery of New South Wales was stolen from an Indian temple sometime after 1974, newly identified images show.

Ardhanarishvara

in_temple

Last week, the Art Gallery NSW released provenance records for the Chola-era sculpture of Ardhanarishvara which it purchased in 2004 for more than $300,000. The documents were supplied by Subhash Kapoor, the prominent Manhattan antiquities dealer who sold the sculpture to the museum. (Previous Kapoor coverage here.) The records claim a New York antiquities collector had purchased the sculpture in 1970 from a handicraft dealer in Dehli and held it ever since.

Today we can say that ownership history, like others supplied by Kapoor, was fabricated. Images identified by Poetry in Stone, a blog that celebrates South Asian temple sculpture, show the statue was in situ at the Vriddhachalam temple in Tamil Nadu, India for at least four years after 1970 and was subsequently stolen.

The image above left shows the sculpture in Sydney as it looks today. The image above right was published in Douglas Barrett’s 1974 book Early Chola Architecture and Sculpture 866 – 1014 and shows the sculpture in its original context at the Vriddhachalam temple.

Screen Shot 2013-07-01 at 12.20.44 AM

How the identification was made

The discovery of the sculpture’s origin is a result of rapid international collaboration. After requests from Jason and The Australian’s Michaela Boland, the Art Gallery NSA released the Kapoor provenance documents on June 25. On June 28th, A. Srivathsan at The Hindu wrote a story about the recent Kapoor revelations with a link to ChasingAphrodite.com

vj poetryinstone

One of the people who read the story was Vijay Kumar, the creator of Poetry in Stone. Kumar came to this site, saw our post on the Ardhanarishvara and recognized it immediately.

Four years earlier, Kumar had published an iconographic study of Ardhanarishvara, the androgynous manifestation of the Hindu god Shiva and his lover Parvati. One of the temple sculptures he singled out as the “perfect form” of the god was in the Vriddhachalam temple:

You can see the female portion in full triple flexion ( tribanga) and to compensate for it, the right leg of Shiva is bent fully. This causes the male torso to lean at the awkward angle and though the sculpture would look pleasing it would not be aesthetically appealing. So he comes up with an ingenious solution. Make Shiva rest or lean on to something and the readily available option is his mount or vehicle – Nandhi. Presto, problem solved. Add lots of beautiful ornamentation, develop the differences in the dressing style and this perfected model becomes a standard for all Ardhanari images henceforth.

When Kumar recognized the Sydney sculpture as the very same “perfect model,” he dug through his files and found the 1974 plate in the Barrett book and other records of the statue, which was well documented in its original context. Here is an image of the statue in situ with a Tamil inscription above the niche from the archives of the American Academy of Benares, Varanasi:

0 RIn an email to me today, Kumar wrote:

“This particular form was my personal favorite as its beauty appealed to me in a queer form: despite two of the main limbs, the hands mutilated, the sculpture still retained its sinuous grace. If you were to look at an ordinary piece of art with such a deformity your eye would instantly go to the broken parts. However, in this piece unless someone specifically points it out to you, at first glance you tend to miss the broken hands! Apart from that, the brilliant ornamentation and their swaying etc. are wonderfully sculpted. The ear of the bull comes a bit out of the composition as well. Overall the contours of the kosta block itself are unique as well and offer the vital clue.”

Coincidently, Kumar is a native of Chennai, the Tamil Nadu capital where Kapoor is currently facing trial. He currently lives in Singapore but has reached out to contacts in Tamil Nadu to determine when and how the sculpture was stolen from the Vriddhachalam temple. We’ll keep you posted on what he finds out.

Michael Brand

Michael Brand

Meanwhile, the revelations raise several questions. When will other museums release provenance information provided by Kapoor? If the Art Gallery NSW sculpture had been so widely published, why did the museum not identify it as stolen before the 2004 acquisition? And how will the museum’s director Michael Brand respond to compelling new evidence that objects acquired before his arrival in Sydney were apparently stolen and smuggled out of India.

Brand, whose specialty is South Asia art, faced similar questions at the Getty Museum and did the right thing.

Will he now?

Coming Clean: Australia’s Art Gallery of New South Wales Releases Kapoor Documents

imgresThe Art Gallery of New South Wales has released provenance information for one of the six objects it purchased from Subhash Kapoor, the New York antiquities dealer currently facing trial in India for trafficking in looted art. (Past coverage here.)

UPDATE 8/18/14: Indian authorities have concluded the Ardhanarishvara sculpture described below was stolen from the Vridhdhagiriswarar Temple in Tamil Nadu India in 2002. The thieves have not been identified, but two years later Kapoor sold the sculpture to AGNSW for $400,000 with a false ownership history.

The release comes in the wake of our revelations about looted objects at the National Gallery of Australia, which acquired 21 objects from Kapoor, including a $5 million sculpture of Shiva that was stolen from an Indian temple not long before it was offered to the museum with bogus ownership history. The NGA has refused multiple requests to release provenance information on any of the objects in its collection, despite compelling evidence several of those objects were looted.

We made similar requests to Sydney’s Art Gallery of New South Wales, which has acknowledged acquiring six objects from Kapoor between 1994 and 2004. Last week, the museum posted information about the Kapoor objects on the provenance research section of its website, which had previously been dedicated to European paintings. After consulting with his board, museum director Michael Brand released on Tuesday the ownership history provided by Kapoor for one of those objects.

220.2004##S.jpg.339x605_q85

Ardhanarishvara

In 2004, the Gallery purchased this Chola-period sculpture from Kapoor for more than $300,000. The 44-inch stone figure represents Ardhanarishvara, the androgynous form of Shiva and Parvati. It comes from Tamil Nadu, home to some 2500 important temples to Shiva. The image of Ardhanarishvara was likely in a niche on an external wall.

Kapoor provided two documents with the sculpture.

One is a receipt dated 1970, purportedly from Uttam Singh and Sons, the Delhi “copper and brass palace” that sold the sculpture to a private collector.

Ardhanarishvara receipt

The second document purports to be a 2003 “Letter of Provenance” on letterhead from Art of the Past, Kapoor’s Madison Ave. gallery. It is signed by “Raj Mehgoub,” who claims to be the wife of a diplomat who lived in Delhi from 1968 to 1971.

Aradhanareshwara prov

It is unclear whether the documents are genuine. Uttam Singh and Sons appears to be a real business in Delhi, but we could not reach the owners and did not find record of a Raj or Abdulla Mehgoub.

The documents bear a striking resemblance to other ownership records provided by Kapoor that appear to have been falsified. See, for example, this receipt from a Calcutta gallery for a pair of statues that photos show were in India recently:

Dwarapalas receipt

The Art Gallery of New South Wales acknowledges it did not obtain provenance information for the other five objects acquired from Kapoor, whose total value was about $100,000. The museum says it has not yet been contacted by Indian or American authorities investigating Kapoor.

Michael Brand

Despite lapses in the past, the Gallery should be congratulated for its transparent approach in the current case. Clearly Michael Brand learned from his experience at the Getty Museum, where — as we recount in Chasing Aphrodite — his predecessors’ stonewalling of Italian investigators prolonged the Getty’s troubles for years.

Other museums should follow the Gallery’s lead and use their provenance websites to publish all relevant information about antiquities obtained from Kapoor.