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The Palgrave Handbook
on Art Crime
Edited by
Saskia Hufnagel · Duncan Chappell
The Palgrave Handbook on Art Crime
“This Handbook, at times racy as well as scholarly, reveals not only the ingenious
creativity of many recent art frauds and the brazen destruction of archaeological sites
for profitable loot but the complacency of many museum curators and directors who
have acquired illicitly exported and illegally trafficked antiquities in recent years with-
out exercising adequate due diligence. Recent cases, such as the sale by the Knoedler
Gallery in New York of fake Abstract Expressionist paintings for millions of dollars,
the purchase by the National Gallery of Australia in Canberra of early bronze master-
works purloined from rural temples in India, and the return to Italy in recent years of
looted Greek vases and other antiquities from the Metropolitan Museum of Art in
New York, show that fraud and plunder continue. The extent to which some dealers,
some collectors and even some museum curators remain complicit, despite protesta-
tions of ethical probity, is shocking and disquieting.”
—Sir Colin Renfrew, Senior Fellow of the McDonald
Institute for Archaeological Research
Saskia Hufnagel • Duncan Chappell
Editors
The Palgrave
Handbook on Art
Crime
Editors
Saskia Hufnagel Duncan Chappell
School of Law University of Sydney
Queen Mary University of London Sydney, NSW, Australia
London, UK
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG
2019
The author(s) has/have asserted their right(s) to be identified as the author(s) of this work in accordance with
the Copyright, Designs and Patents Act 1988.
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the
whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations,
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tion storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does
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The publisher, the authors and the editors are safe to assume that the advice and information in this book are
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Acknowledgements
The editors would like to acknowledge the support of the sponsors and vari-
ous institutions involved in the creation of this handbook: first and foremost,
the Arts and Humanities Research Council (AHRC, UK) in providing gener-
ous financial assistance to this project as part of the AHRC Network Grant on
‘Art, Crime and Criminals: Painting Fresh Pictures on Art Theft, Fraud and
Plunder’ awarded to the editors (2016–2017). This grant contributed in par-
ticular to the hosting of the three workshops (Theft, Fraud and Looting/
Terrorist Financing) at which several papers presented formed the foundation
for this publication; secondly, the German Federal Ministry of Finance, which
generously provided its conference venue in Berlin for the third workshop
(and especially Dr Judith Hermes and Doris Dietze for their wonderful hos-
pitality); and finally, the School of Law, Queen Mary University of London,
which provided invaluable administrative support and the venue for the
first workshop.
The editors thank all the authors for their high-quality contributions,
angelic patience and friendly co-operation throughout the process of turning
their chapters into a handbook.
v
Contents
vii
viii Contents
Index901
Notes on Contributors
xiii
xiv Notes on Contributors
Nathan Charlton holds BSc (Honours) and PhD degrees from the University
of Technology, Sydney, Australia, in Forensic Chemistry. He has research
interests in toxicology, forensic chemistry, chemical criminalistics, drug test-
ing and synthetic drug identification, as well as broader interests in the use of
organic and inorganic chemistry to determine authenticity and forgery of cul-
tural property. He has methodological expertise in a range of instrumentation
used in the identification of unknown substances and drug testing. He is also
devoted to science outreach and communication, having several years of expe-
rience as team lead of forensic science outreach programs servicing Sydney
area high schools.
2009), Stealing the Mystic Lamb (Public Affairs 2011), The Art of Forgery
(Phaidon 2015) and Art Crime (Palgrave 2015). He is the author of hundreds
of articles, both academic and popular. He is the founder of the Association
for Research into Crimes against Art—ARCA—(www.artcrimeresearch.org)
and editor-in-chief of The Journal of Art Crime, the first peer-reviewed aca-
demic journal in the field. He lives in Slovenia. For more information, visit
www.noahcharney.com.
Derek Fincham has pursued a research interest in art law, antiquities loot-
ing, and cultural heritage. He is Professor of Law at South Texas College of
Law, Houston. He serves on the Editorial board of the International Journal of
Cultural Property and the Santander Art and Culture Law Review. He holds a
PhD in Cultural Heritage Law from the University of Aberdeen, King’s
College, a JD from Wake Forest University, and a BA in American and
European History from the University of Kansas. He also maintains illicitcul-
turalproperty.com, a scholarly blog.
is on East and Southeast Asia and particularly China. His current research
concentrates on the protection of cultural heritage; sustainable development
law and policy; international and comparative environmental law; armed
conflicts, regional security and cooperation; and human rights. Another major
focus is on the illicit trafficking of cultural property, forgery and other forms
of art crime, their prevention and prosecution and the restitution of illegally
exported objects.
James Ratcliffe is the General Counsel & Director of Recoveries at the Art
Loss Register (ALR). In that role, he pursues the restitution of stolen and
looted art and antiquities on behalf of individuals, insurers, museums and
nation states, handling hundreds of cases each year. Prior to joining the ALR,
James was working as a litigator in London, and before qualifying as a solici-
tor, James studied archaeology at York and Oxford.
Over the years, she has become a known expert in insuring museums and
cultural institutions, corporate and private collections and galleries.
Dorit serves on the board of the International Foundation of Art Research
and AXA Art Americas Corporation, and she is a committee member of the
Cultural Protection Advisory Committee of the US State Department,
appointed by President Obama in 2016.
Graph 2.1 Illegal excavations detected in Italy from 2006 to 2014 (The
author, after Carabinieri 2011, 2015, 2016) 37
Fig. 8.1 Key for the Technological Industrial and Sanitary Museum,
Garden Palace, Sydney, New South Wales, 1879 150
Fig. 8.2 Motivation for Museum Thefts 159
Fig. 8.3 Categories of Items Stolen from Museums 160
Fig. 8.4 Numbers of Items Stolen per Theft from Museums. NB:
Some assumptions have been made based on descriptions of
items stolen 161
Fig. 8.5 The twice-stolen ship’s bell from SMS Emden: HMAS Sydney (I) 161
Fig. 8.6 £ Value of Items Stolen per Theft from Museums 163
Fig. 8.7 Fears of items being melted down. Evening News, Sydney, Saturday
30 August 1930, page 1 165
Fig. 8.8 Truth, Brisbane, 9 October 1938, page 16 166
Fig. 8.9 Coveted jewel beetles: Castiarina argillacea, jewel beetle 169
Fig. 8.10 Barrier Miner, Broken Hill, 26 August 1953, page 7 169
Fig. 8.11 External Versus Internal Thefts from Museums 172
Fig. 8.12 Daily News, Perth, 22 April 1933, Page 1 173
Fig. 8.13 Planned Versus Opportunistic Thefts from Museums 174
Fig. 8.14 Day Versus Night Thefts from Museums 175
Fig. 8.15 Exhibition Versus Storage Thefts from Museums 176
Fig. 8.16 Legal Outcome per Theft from Museums 178
Fig. 8.17 Recovery of Items per Theft from Museums 179
Fig. 9.1 Museum Security Officer Competency Statements (Garrett 2016,
p. 157)207
xxv
xxvi List of Figures
Fig. 32.2 Under the Headline ‘U8 seen nothing yet as WWI submarine
propeller is returned to Germans’, Navy News reported on the
unlawful recovery of the propeller from the hull of the German
U-boat U-8 sunk on patrol in March 1915 737
Fig. 32.3 An archaeological diver working under an appropriate Approved
Code of Practice for the activity intended 737
Fig. 32.4 This gun carriage was excavated from the wreck of the HMS
London in 2016. The excavation and recovery were fully sup-
ported by a project design that set out the need for the work and
the method to be used 738
Fig. 32.5 A map showing all 52 sites currently designated under the
Protection of Wrecks Act 1973 (June 2017) 744
Fig. 32.6 The Holland 5 submarine was part of a high-profile investigation
into the theft of the torpedo-loading hatch. Image Crown
Copyright, Wessex Archaeology 747
Fig. 32.7 The Amsterdam protected wreck site which was the focus of the
Galleonwood case in 2010 748
Fig. 36.1 Reconstruction of Attic red-figured cup attributed to the Euaion
Painter using images depicting the tondo (Museo Nazionale di
Villa Giulia), and fragments from the collection formed by
Dietrich von Bothmer (posted via the AAMD Object Registry).
Courtesy of Professor David Gill 820
Fig. 36.2 Left: The South Italian calyx-krater by Python, depicted in a regu-
lar image in the Medici archive. Right: The same South Italian
bell-krater by Python in a professional photograph from the web-
site of the Metropolitan Museum of Art in New York while owned
by the museum. © The Metropolitan Museum of Art 822
Fig. 36.3 Left: The South Italian calyx-krater by Python depicted in a
Polaroid image from the confiscated archive of the convicted
antiquities dealer Giacomo Medici. Right: The same calyx-krater
depicted in a regular image again from the Medici archive 825
Fig. 36.4 Left: The South Italian calyx-krater by Python, depicted in a pro-
fessional image from the confiscated archive of the illicit antiqui-
ties dealer Robin Symes. Right: The same calyx-krater depicted in
a photograph produced by the Speed Art Museum, Louisville,
Kentucky, while they owned the object, which now belongs to the
Collection of the Republic of Italy 826
Fig. 36.5 The Greek black-figure neck-amphora by the Bucci Painter,
depicted in a regular image from the confiscated archive of the
convicted antiquities dealer Giacomo Medici. Right: The same
neck-amphora depicted in a professional image from the confis-
cated archive of the illicit antiquities dealer Robin Symes 830
xxviii List of Figures
xxix
Part I
Setting the Context
1
Art Crime: Exposing a Panoply of Theft,
Fraud and Plunder
Duncan Chappell and Saskia Hufnagel
A Criminological Awakening?
[Art] of the past has become victim to unprecedented pillage, theft, and destruc-
tion. Temples in obscure corners of the world are torn apart so that chunks of
stone can be brought to museums in ‘civilized’ centres. Paintings and other
artefacts are stolen from churches. An organised underground brings this loot to
markets where buyers are willing to put aside their normal scruples: museums
commission the pillage of archaeological sites. Otherwise honest businessmen
buy without hesitation objects that can only have been stolen, tourists become
smugglers, and legitimate auctioneers party to fraud. (Burnham 1975,
pp. 13–14)
This appraisal of the nature of the market in cultural objects is not only
rather gloomy but somewhat unique since its author seems to have been one
of the first to identify and report upon both the international dimensions of
this trade and the way in which it operates (see also Middlemas 1975). Writing
in the mid-1970s, Bonnie Burnham’s remarks were based on an intimate
knowledge of museum and cultural affairs. Her involvement with the more
tawdry aspects of these affairs began in 1971 when she commenced work for
the International Council of Museums (ICOM) as special coordinator for a
D. Chappell
University of Sydney, Sydney, NSW, Australia
S. Hufnagel (*)
Queen Mary University of London, London, UK
e-mail: s.m.hufnagel@qmul.ac.uk
. . . . . . . . . . . . . . . . . . . .
Et je signai.
Le chief-inspector lut le papier, le tendit au directeur de la prison,
puis prononça d’une voix grave :
— Cette accusation est formelle… Si M. Crawford est innocent,
M. Dickson supportera seul le poids de son erreur… C’est bien
entendu, n’est-ce pas ?… vous n’avez plus rien à ajouter ?
— Non, monsieur, répondis-je.
— En ce cas, vous êtes libre… Voulez-vous que j’envoie
immédiatement les agents à Broad-West ?
— Non, c’est inutile, répondis-je… D’ailleurs, si vous n’y voyez
pas d’inconvénient, je pourrais requérir sur place l’inspecteur Bailey
et le constable Mac Pherson qui ont procédé aux premières
constatations, à la maison du crime.
— Je vous y autorise.
Et le chief-inspector s’asseyant à son bureau me signa un
mandat d’arrêt en bonne et due forme, en spécifiant toutefois en
marge que c’était sur ma demande qu’il le délivrait.
Il évita aussi de faire allusion à l’affaire de Green-Park.
C’était un homme prudent qui craignait les complications et ne se
compromettait jamais ; il laissait ce soin à ses agents et aux pauvres
détectives.