Showing posts with label Dick Ellis. Show all posts
Showing posts with label Dick Ellis. Show all posts

May 17, 2017

Blast from ARCA Program Pasts: ARCA'13 Alum Summer Clowers asks: Is the ARCA program for you? Really now.

A medieval town & its secret passageways
by Summer Clowers, ARCA 2013

WARNING: this essay is a work of satire.  It will be best understood if read in the voice of the Dowager Countess of Grantham, from Downton Abbey.

As an ARCA alumna, I have come to warn you about all of the things that you will hate about this small program on art crime. In that vein, I here offer you a list of the woes of living in a small Umbrian town the likes of which will keep you up at night as you scroll through old Facebook photos.  A letter of warning, if you will, to all prospective ARCA-ites. Should you choose to ignore my advice, I cannot be responsible for the consequences.

Your first few days in Amelia will leave you with an intense urge to explore and make friends.  The town is ancient, surrounded on most sides by a Neolithic wall with even more history buried beneath it.  There are secret passages and hidden rooms and you’re going to want to grab a new-found buddy and sneak through every one of them.  DON’T.  The more you explore, the more you will love the town, and it will make it that much harder to leave.  Yes, there is a secret Roman cellar underneath one of the restaurants.  Yes, the town’s people do scatter the roads with rose petals in the shape of angels every June.  Yes, there quite possibly is a hidden room in your classmate's flat.  All of these things are beside the point.  Walk steady on the path and avoid all temptations to adventure.

As for friends, stick with people that live near to you back in the real world.  I know Papa di Stefano is fantastic, and yes, he will befriend you in a way that transcends language, but do you really want to miss him when you’ve gone?  And your fellow students?  Well, most of them are going to live nowhere near you.  Do you really need to have contacts in Lisbon and Melbourne and New York and Amsterdam?  No, you don’t.  It’s so damp in the Netherlands and we all know London is just atrocious.  I mean really, all those people. Take my advice, ignore anyone that lives far away from you.  You are here to learn and leave, not make connections that will last you the rest of forever.

You will also want to avoid the town’s locals.  Amelia is tiny, so getting to know most of its shopkeepers and inhabitants will not be very hard, but you must resist the urge to do so.  It’s true that Massimo will know your coffee order before you get fully through his door, and the Count will open his home with a smile to show you around his gorgeous palazzo, but these things are not proper.  Do not mistake their overflowing kindness and warmth for anything other than good breeding.  And when you find yourself sobbing at the thought of saying goodbye to Monica, you can just blame your tears on the pollen like the rest of us.

Your instructors are going to be just as big of a challenge.  The professor’s are really too friendly.  I know that Noah Charney says that he’s available for lunch and Dick Ellis will happily have a beer with you, but is getting to know your professor socially really appropriate?  I mean, we’ve all attended seminars where you barely see the speaker outside of stolen moments during coffee breaks, and that’s the best way for things to go, isn’t it?  Sterile classroom experience with little to no professorial interactions is the way academic things should run.  I know I never saw any of my professor’s outside of class.  And I certainly don’t keep up with Judge Tompkin’s travels through his hilarious emails; that would just be inappropriate.

And then there’s the conference.  It lasts an entire weekend.  Why would I want to attend a weekend long event where powerhouses in the field open up their brains for poor plebeians?  I mean honestly, meeting Christos Tsirogiannis at the conference will be a high point in your year, and it will be too difficult to control your nerdy spasms when Toby Bull sits down next to you at dinner.  And then, when you find out that Christos joined ARCA's teaching team in 2014 and you’ll find yourself scrambling to come up with a way to take the program a second time just so you can pick his brain. Think about how much work that will be.  They aim to make this an easy experience where you rarely have to use powers of higher thinking.  This should be like the grand tour, a comfortable time away from home so that you can tell others that you simply summered in Italy. 

And the program would be so much better served in Rome.  I mean, just think on it.  You would never have to learn Italian because you’d be in a city full of tourists.  You’d get to pay twice as much for an apartment a third of the size of the one you rent in Amelia, and you wouldn’t have to live near any of your class mates.  A city the size of Rome is big enough that a half hour metro ride to each other’s places would be pretty much de rigueur.  This means you wouldn’t have to deal with any of those impromptu dinner/study sessions at the pool house.  And there certainly wouldn’t be random class-wide wine tastings at the Palazzo Venturelli. That’s just too much socializing anyway.  It’s unseemly.

And finally, let’s talk about the classes.  Do we really care about art crime? Sure, Dick Drent is pretty much the coolest human you’ll ever meet, and Dorit Straus somehow manages to make art insurance interesting, but really, do we care?  Isn’t that better left to one’s financial advisor?  And the secret porchetta truck that the interns will show you as you study the intricacies of art law, could surely be found on one’s own.  Couldn’t it?  I think we would all be much better served by just watching the terrible Monuments Men movie, fawning over George Clooney and Matt Damon, and thinking about the things we could be doing all from the safety and comfort of our own homes.  I do so hate leaving home.  The ARCA program involves work, and ten courses with ten different professors, and classmates that will quickly become family. It’s all so exhausting.  I mean really, tell me, does this sound like the program for you?

ARCA Editorial Note:  If you would like more information on ARCA's Postgraduate Certificate Program, please write to us at: education (at) artcrimeresearch.org 

We will put you on the list to receive application materials when the 2018 application period opens in Autumn 2017. 

March 26, 2017

Late Application Period Extended for the 2017 ARCA Postgraduate program in Art Crime and Cultural Heritage Protection

Who studies art crime?


ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection will continue to accept applications through April 28, 2017. 

In 2009 ARCA started the first of its kind, interdisciplinary, approach to the scholarly study of art crime. Representing a unique opportunity for individuals interested in training in a structured and academically diverse format, the summer-long postgraduate program is designed around the study of the dynamics, strategies, objectives and modus operandi of criminals and criminal organizations who commit a variety of art crimes.  

Turn on the news (or follow this blog) and you will see over and over again examples of museum thefts, forgeries, antiquities looting and illicit trafficking of cultural goods.  Intentional heritage destruction during armed conflict, once a modern-day rarity, now affects multiple countries and adds to regional instability in many areas of the globe.  Looted art, both ancient and Holocaust-related finds its way into the galleries of respected institutions, while auction houses and dealers continue to be less than adept at distinguishing smuggled and stolen art from art with a clean provenance. This making dealing with art crime an unrelenting problem and without any one easy solution.

Taken incident by incident, it is difficult to see the impact and implications of art crime as a global concern, but when studied across disciplines, looking at the gaps of legal instruments country to country, one begins to have a clearer picture of the significance of the problem and its impact on the world's collective patrimony.

The world's cultural heritage is an invaluable legacy and its protection is integral to our future. 


Here is 11 reasons why you should consider joining us for a summer in Amelia, Italy. 

At its foundation, ARCA's postgraduate program in Italy draws upon the overlapping and complementary expertise of international thought-leaders on the topic of art crime – all practitioners and leading scholars who actively work in the sector. 

In 2017 participants of the program will receive 230+ hours of instruction from a of range of experts actively committed to combatting art crime from a variety of different angels.

One summer, eleven courses.

Taught by:

Archaeologist, Christos Tsirogiannis from the University of Cambridge, whose forensic trafficking research continues to unravel the hidden market of illicit antiquities.  His tireless work is often highlighted on this blog and reminds those interested in purchasing ancient art, be it from well-known dealers or auction houses, that crimes committed 40 years ago, still taint many of the artifacts that find their way into the licit art market today.

London art editor and lecturer Ivan Macquisten who eloquently paints a picture of the burgeoning business which is art whilst examining the interplay between our cultural obsession with risk and collecting.  Macquisten disentangles the paradoxical alliances between the financially lucrative art market and the collector, relationships that feed upon the art market's unregulated trade and lack of transparency in its transactions.

Duncan Chappell, the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security. Chappel is a national award winner for his lifetime achievements in criminology and will be lecturing on the growing number of bilateral, regional and global legal agreements that reflect a growing realization that transnational art crime has to be addressed through international cooperation, and that just as criminal groups operate across borders, judicial systems must consequently do the same.  

Marc Masurovsky, co-founder of HARP, the Holocaust Art Restitution Project who will lecture on the variations among countries’ historical experiences and legal systems, as well as the complexities of provenance research and the establishment of claims processes.  Focusing not only on the implementation of the Washington Conference Principles on Nazi-confiscated art but also on modern day examples that underscore the difficulties facing any heir in recovering their property, Masurovsky underscores the need for fully trained provenance experts within museums and auction houses. 

Richard Ellis, private detective and the founder of the Metropolitan Police - New Scotland Yard Art and Antiques Squad.  His law enforcement background reminds us that trafficking in art and antiquities provides criminals with an opportunity to deal in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries. Ellis' lectures paint a little-talked-about portrait of the motley cast of characters who operate in the high-stakes world of the art crime.  His course introduces students to sophisticated criminal organizations, individual thieves, small-time dealers and unscrupulous collectors who don't just dabble in hot art, but who also may be involved in other crimes, such as the smuggling and sale of other illicit commodities, corruption or money-laundering.

Criminal defense attorney and criminologist Marc Balcells, whose animated lectures on the anatomy and etiology of art crimes will illustrate that even if every art crime is unique unto itself, often the underlying causes of criminal behaviors fit into certain established patterns.  Students will explore various theories of crime causation each of which are key to understanding the crime and the criminal as well as evaluating its danger to our cultural patrimony.

Museum security and risk management expert Dick Drent, whose role in the recovery of two Van Gogh paintings from a Camorra reminds us that finding stolen works of art is much harder than protecting them in the first place, especially when organized crime is involved. In Drent's course students will learn about safeguarding culture before it goes missing, analyzing practical approaches to securing a collection, using risk and decision analysis as a form of analytics to support risk-based decision in museums, galleries and reference institutions around the globe.

New Zealand District Court Judge and founding trustee of the New Zealand Art Crime Research Trust, Arthur Tompkins who gives us a fast-galloping 2000-year romp through the history of art crimes committed during war and armed conflict. Tompkins reminds us that armed conflict, whether interstate or intrastate, poses various threats to cultural monuments and cultural property and that while laws have been enacted in an attempt to prevent or reduce these dangers; better laws are also needed to sort matters out after the fact.

Independent art & insurance advisory expert Dorit Straus explores the worlds of specialist fine art insurers and brokers, who underwrite the risks associated with the fine art market.  As the former Vice President and Worldwide Specialty Fine Art Manager for Chubb & Son she knows first hand the active, financially-motivated role insurance firms play in analyzing the risks involved in owning, dealing, buying, transporting or displaying art to the public.  While art insurance expertise is sometimes overlooked as a less-than-sexy side of the art world, insurers have served to make galleries, museums and private collector's collections safer, as their oversight and contract stipulations have produced a dramatic reduction in attritional losses.

ARCA's founding director, Noah Charney who draws upon his knowledge of art history and contemporary criminal activity to explore several of the most notorious cases of art forgery. Emphasizing that art forgery not only cheats rich buyers and their agents, ruining reputations, his course illustrates how crime distorts the art market, one which once relied heavily on connoisseurship, by messing with its objective truth.

Valerie Higgins, archaeologist and Program Director for archaeology, classics and sustainable cultural heritage at the American University in Rome. Higgins course examines material culture as the physical evidence of a culture's existence, illustrating that through objects; be they artworks, religious icons, manuscripts, statues, or coins, and through architecture; monumental or commonplace, we can and should preserve the powerfully potent remains which truly define us as human.

For more information on the summer 2017 postgraduate professional development program, please see ARCA's website here.

Late Applications are being accepted through April 28, 2017.

To request further information or to receive a 2017 prospectus and application materials, please email:  education (at)artcrimeresearch.org

Interested in knowing more about the program from a student's perspective?

Here are some blog posts from and by students who have attended in 2016, in 2015 in 2014, and in 2013.


February 3, 2017

ARCA is accepting late applications to its 2017 Postgraduate Art Crime and Cultural Heritage Protection Program

ARCA student photo homage to Rene Magritte and his painting
"The Son of Man", 1946*
ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection is now accepting late applications for its summer 2017 program.

In 2009 ARCA started the first of its kind, interdisciplinary, approach to the scholarly study of art crime. Representing a unique opportunity for individuals interested in training in a structured and academically diverse format, the summer-long postgraduate program is designed around the study of the dynamics, strategies, objectives and modus operandi of criminals and criminal organizations who commit a variety of art crimes.  

Turn on the news (or follow this blog) and you will see over and over again examples of museum thefts, forgeries, antiquities looting and illicit trafficking of cultural goods.  Intentional heritage destruction during armed conflict, once a modern-day rarity, now affects multiple countries and adds to regional instability in many areas of the globe.  Looted art, both ancient and Holocaust-related finds its way into the galleries of respected institutions, while auction houses and dealers continue to be less than adept at distinguishing smuggled and stolen art from art with a clean provenance. This making dealing with art crime an unrelenting problem and without any one easy solution.

Taken incident by incident, it is difficult to see the impact and implications of art crime as a global concern, but when studied across disciplines, looking at the gaps of legal instruments country to country, one begins to have a clearer picture of the significance of the problem and its impact on the world's collective patrimony.

The world's cultural heritage is an invaluable legacy and its protection is integral to our future. 


Here is 11 reasons why you should consider joining us for a summer in Amelia, Italy. 

At its foundation, ARCA's postgraduate program in Italy draws upon the overlapping and complementary expertise of international thought-leaders on the topic of art crime – all practitioners and leading scholars who actively work in the sector. 

In 2017 participants of the program will receive 230+ hours of instruction from a of range of experts actively committed to combatting art crime from a variety of different angels.

One summer, eleven courses.

Taught by:

Archaeologist, Christos Tsirogiannis from the University of Cambridge, whose forensic trafficking research continues to unravel the hidden market of illicit antiquities.  His tireless work is often highlighted on this blog and reminds those interested in purchasing ancient art, be it from well-known dealers or auction houses, that crimes committed 40 years ago, still taint many of the artifacts that find their way into the licit art market today.

Art historian and London art lecturer Tom Flynn, who eloquently paints a picture of the burgeoning business which is art whilst examining the interplay between our cultural obsession with risk and collecting.  Flynn disentangles the paradoxical alliances between the financially lucrative art market and the collector, relationships that feed upon the art market's unregulated trade and lack of transparency in its transactions.

Duncan Chappell, the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security. Chappel is a national award winner for his lifetime achievements in criminology and will be lecturing on the growing number of bilateral, regional and global legal agreements that reflect a growing realization that transnational art crime has to be addressed through international cooperation, and that just as criminal groups operate across borders, judicial systems must consequently do the same.  

Marc Masurovsky, co-founder of HARP, the Holocaust Art Restitution Project who will lecture on the variations among countries’ historical experiences and legal systems, as well as the complexities of provenance research and the establishment of claims processes.  Focusing not only on the implementation of the Washington Conference Principles on Nazi-confiscated art but also on modern day examples that underscore the difficulties facing any heir in recovering their property, Masurovsky underscores the need for fully trained provenance experts within museums and auction houses. 

Richard Ellis, private detective and the founder of the Metropolitan Police - New Scotland Yard Art and Antiques Squad.  His law enforcement background reminds us that trafficking in art and antiquities provides criminals with an opportunity to deal in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries. Ellis' lectures paint a little-talked-about portrait of the motley cast of characters who operate in the high-stakes world of the art crime.  His course introduces students to sophisticated criminal organizations, individual thieves, small-time dealers and unscrupulous collectors who don't just dabble in hot art, but who also may be involved in other crimes, such as the smuggling and sale of other illicit commodities, corruption or money-laundering.

Criminal defense attorney and criminologist Marc Balcells, whose animated lectures on the anatomy and etiology of art crimes will illustrate that even if every art crime is unique unto itself, often the underlying causes of criminal behaviors fit into certain established patterns.  Students will explore various theories of crime causation each of which are key to understanding the crime and the criminal as well as evaluating its danger to our cultural patrimony.

Museum security and risk management expert Dick Drent, whose role in the recovery of two Van Gogh paintings from a Camorra reminds us that finding stolen works of art is much harder than protecting them in the first place, especially when organized crime is involved. In Drent's course students will learn about safeguarding culture before it goes missing, analyzing practical approaches to securing a collection, using risk and decision analysis as a form of analytics to support risk-based decision in museums, galleries and reference institutions around the globe.

New Zealand District Court Judge and founding trustee of the New Zealand Art Crime Research Trust, Arthur Tompkins who gives us a fast-galloping 2000-year romp through the history of art crimes committed during war and armed conflict. Tompkins reminds us that armed conflict, whether interstate or intrastate, poses various threats to cultural monuments and cultural property and that while laws have been enacted in an attempt to prevent or reduce these dangers; better laws are also needed to sort matters out after the fact.

Independent art & insurance advisory expert Dorit Straus explores the worlds of specialist fine art insurers and brokers, who underwrite the risks associated with the fine art market.  As the former Vice President and Worldwide Specialty Fine Art Manager for Chubb & Son she knows first hand the active, financially-motivated role insurance firms play in analyzing the risks involved in owning, dealing, buying, transporting or displaying art to the public.  While art insurance expertise is sometimes overlooked as a less-than-sexy side of the art world, insurers have served to make galleries, museums and private collector's collections safer, as their oversight and contract stipulations have produced a dramatic reduction in attritional losses.

ARCA's founding director, Noah Charney who draws upon his knowledge of art history and contemporary criminal activity to explore several of the most notorious cases of art forgery. Emphasizing that art forgery not only cheats rich buyers and their agents, ruining reputations, his course illustrates how crime distorts the art market, one which once relied heavily on connoisseurship, by messing with its objective truth.

Valerie Higgins, archaeologist and Program Director for archaeology, classics and sustainable cultural heritage at the American University in Rome. Higgins course examines material culture as the physical evidence of a culture's existence, illustrating that through objects; be they artworks, religious icons, manuscripts, statues, or coins, and through architecture; monumental or commonplace, we can and should preserve the powerfully potent remains which truly define us as human.

For more information on the summer 2017 postgraduate professional development program, please see ARCA's website here.

Late Applications are being accepted through March 30, 2017.

To request further information or to receive a 2017 prospectus and application materials, please email:  education (at)artcrimeresearch.org

Interested in knowing more about the program from a student's perspective?

Here are some blog posts from and by students who have attended in 2016, in 2015 in 2014, and in 2013.

ARCA student photo homage to "The Standard of Ur", 2550 BCE

-------------------------------
*ARCA strives to be careful regarding its students reimagining and/or recontextualizing derivative works of photography that pay homage to famous works of art less than 70 years after the original creator’s death to be sure there is no infringement of the copyright in that work. 

January 20, 2017

Is art crime understudied? Yes, but you can help us change that.

Who studies art crime?


ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection is now accepting applications.

In 2009 ARCA started the first of its kind, interdisciplinary, approach to the scholarly study of art crime. Representing a unique opportunity for individuals interested in training in a structured and academically diverse format, the summer-long postgraduate program is designed around the study of the dynamics, strategies, objectives and modus operandi of criminals and criminal organizations who commit a variety of art crimes.  

Turn on the news (or follow this blog) and you will see over and over again examples of museum thefts, forgeries, antiquities looting and illicit trafficking of cultural goods.  Intentional heritage destruction during armed conflict, once a modern-day rarity, now affects multiple countries and adds to regional instability in many areas of the globe.  Looted art, both ancient and Holocaust-related finds its way into the galleries of respected institutions, while auction houses and dealers continue to be less than adept at distinguishing smuggled and stolen art from art with a clean provenance. This making dealing with art crime an unrelenting problem and without any one easy solution.

Taken incident by incident, it is difficult to see the impact and implications of art crime as a global concern, but when studied across disciplines, looking at the gaps of legal instruments country to country, one begins to have a clearer picture of the significance of the problem and its impact on the world's collective patrimony.

The world's cultural heritage is an invaluable legacy and its protection is integral to our future. 


Here is 11 reasons why you should consider joining us for a summer in Amelia, Italy. 

At its foundation, ARCA's postgraduate program in Italy draws upon the overlapping and complementary expertise of international thought-leaders on the topic of art crime – all practitioners and leading scholars who actively work in the sector. 

In 2017 participants of the program will receive 230+ hours of instruction from a of range of experts actively committed to combatting art crime from a variety of different angels.

One summer, eleven courses.

Taught by:

Archaeologist, Christos Tsirogiannis from the University of Cambridge, whose forensic trafficking research continues to unravel the hidden market of illicit antiquities.  His tireless work is often highlighted on this blog and reminds those interested in purchasing ancient art, be it from well-known dealers or auction houses, that crimes committed 40 years ago, still taint many of the artifacts that find their way into the licit art market today.

London art editor and lecturer Ivan Macquisten who eloquently paints a picture of the burgeoning business which is art whilst examining the interplay between our cultural obsession with risk and collecting.  Macquisten disentangles the paradoxical alliances between the financially lucrative art market and the collector, relationships that feed upon the art market's unregulated trade and lack of transparency in its transactions.

Duncan Chappell, the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security. Chappel is a national award winner for his lifetime achievements in criminology and will be lecturing on the growing number of bilateral, regional and global legal agreements that reflect a growing realization that transnational art crime has to be addressed through international cooperation, and that just as criminal groups operate across borders, judicial systems must consequently do the same.  

Marc Masurovsky, co-founder of HARP, the Holocaust Art Restitution Project who will lecture on the variations among countries’ historical experiences and legal systems, as well as the complexities of provenance research and the establishment of claims processes.  Focusing not only on the implementation of the Washington Conference Principles on Nazi-confiscated art but also on modern day examples that underscore the difficulties facing any heir in recovering their property, Masurovsky underscores the need for fully trained provenance experts within museums and auction houses. 

Richard Ellis, private detective and the founder of the Metropolitan Police - New Scotland Yard Art and Antiques Squad.  His law enforcement background reminds us that trafficking in art and antiquities provides criminals with an opportunity to deal in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries. Ellis' lectures paint a little-talked-about portrait of the motley cast of characters who operate in the high-stakes world of the art crime.  His course introduces students to sophisticated criminal organizations, individual thieves, small-time dealers and unscrupulous collectors who don't just dabble in hot art, but who also may be involved in other crimes, such as the smuggling and sale of other illicit commodities, corruption or money-laundering.

Criminal defense attorney and criminologist Marc Balcells, whose animated lectures on the anatomy and etiology of art crimes will illustrate that even if every art crime is unique unto itself, often the underlying causes of criminal behaviors fit into certain established patterns.  Students will explore various theories of crime causation each of which are key to understanding the crime and the criminal as well as evaluating its danger to our cultural patrimony.

Museum security and risk management expert Dick Drent, whose role in the recovery of two Van Gogh paintings from a Camorra reminds us that finding stolen works of art is much harder than protecting them in the first place, especially when organized crime is involved. In Drent's course students will learn about safeguarding culture before it goes missing, analyzing practical approaches to securing a collection, using risk and decision analysis as a form of analytics to support risk-based decision in museums, galleries and reference institutions around the globe.

New Zealand District Court Judge and founding trustee of the New Zealand Art Crime Research Trust, Arthur Tompkins who gives us a fast-galloping 2000-year romp through the history of art crimes committed during war and armed conflict. Tompkins reminds us that armed conflict, whether interstate or intrastate, poses various threats to cultural monuments and cultural property and that while laws have been enacted in an attempt to prevent or reduce these dangers; better laws are also needed to sort matters out after the fact.

Independent art & insurance advisory expert Dorit Straus explores the worlds of specialist fine art insurers and brokers, who underwrite the risks associated with the fine art market.  As the former Vice President and Worldwide Specialty Fine Art Manager for Chubb & Son she knows first hand the active, financially-motivated role insurance firms play in analyzing the risks involved in owning, dealing, buying, transporting or displaying art to the public.  While art insurance expertise is sometimes overlooked as a less-than-sexy side of the art world, insurers have served to make galleries, museums and private collector's collections safer, as their oversight and contract stipulations have produced a dramatic reduction in attritional losses.

ARCA's founding director, Noah Charney who draws upon his knowledge of art history and contemporary criminal activity to explore several of the most notorious cases of art forgery. Emphasizing that art forgery not only cheats rich buyers and their agents, ruining reputations, his course illustrates how crime distorts the art market, one which once relied heavily on connoisseurship, by messing with its objective truth.

Valerie Higgins, archaeologist and Program Director for archaeology, classics and sustainable cultural heritage at the American University in Rome. Higgins course examines material culture as the physical evidence of a culture's existence, illustrating that through objects; be they artworks, religious icons, manuscripts, statues, or coins, and through architecture; monumental or commonplace, we can and should preserve the powerfully potent remains which truly define us as human.

For more information on the summer 2017 postgraduate professional development program, please see ARCA's website here.

Late Applications are being accepted through April 28, 2017.

To request further information or to receive a 2017 prospectus and application materials, please email:  education (at)artcrimeresearch.org

Interested in knowing more about the program from a student's perspective?

Here are some blog posts from and by students who have attended in 2016, in 2015 in 2014, and in 2013.




September 8, 2015

Charley Hill, Dick Ellis, and the Recovery of Paintings Stolen Six Years Ago

by Catherine Schofield Sezgin, ARCA Blog Editor

Museum Security Network sent out a link to an article in the United Kingdom's The Daily Mail about the recovery of stolen art: "Millions of pounds worth of paintings stolen from the country mansion of cider heir found by 'The Scream' sleuth".

The Scream referred to in this article is the painting by Edvard Munch stolen from the National Gallery in Oslo in 1994 and the subject of Edward Dolnick's 2006 book The Rescue Artist (which won the Edgar Award for Best Fact Crime). The back of the book describes the investigation:
Baffled and humiliated, the Norwegian police turned to the one man they believed could help: a half English, half American undercover cop named Charley Hill, the world's greatest art detective... a complicated mix of brilliance, foolhardiness, and charm whose hunt for a purloined treasure would either cap an illustrious career or be the fiasco that would haunt him forever.
I have never met Charley Hill (here's a link to some background on Hill and The Scream), but over the years we have corresponded via email on subjects related to art crime that have been covered on this blog (such as this). So I shot off an email to Mr. Hill and asked for his comment. He responded that Dick Ellis would be the best person to quote because "it was his job" and that the recovery of the artworks taken from the Somerset estate of Esmond and Susie Bulmer had nothing to do with Hill's work in recovering "The Scream".

Dick Ellis is the retired founder of The Metropolitan Police's Art and Antiquities Squad at New Scotland Yard in London.  He is also an annual lecturer with ARCA's Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection. Emma Jones wrote about Ellis for The Financial Times in 2013 and CBC Radio interviewed him here. Ellis wrote an email today for the ARCA blog:
The recovery of the Bulmer's stolen paintings again focuses attention on to the increasing role of the private sector in the investigation and recovery of stolen art, antiques and cultural property. With many countries facing a continuing period of austerity cut backs, their law enforcement agencies have seen even fewer police resources being devoted to this area of crime.

In this particular instance, the victims suffered the trauma of a violent robbery at the hands of five masked criminals who bound the house sitter to the stairs where she remained for some 18 hours. The loss was substantial and included jewellery, sculpture ,and a canteen of silver cutlery in addition to the 16 paintings valued together at £2 million.

Whilst the police response to such a violent crime was swift, the investigation was uncertain as to the direction it should take.The lack of understanding of the commodity, stolen fine art and antiques, is common to many law enforcement agencies and not just to those in the UK underlining the lack of training that police receive in this subject.

In 2010, a year after the theft, the victims and their insurers turned to the private sector for help as it was here that they could utilise the services of professional art crime consultants and investigators. 

Working with the police but independently of them, I was able to revitalise an investigation that had lost both direction and police resources. With regular progress reports the police were able to continue to develop their investigation without devoting vast resources to the enquiry, leaving them free to attend to the day to day pressures of policing.

In June 2015, whilst I was lecturing to the ARCA students in Italy, Charley Hill took a telephone call from a friendly journalist and was introduced to her source who was willing to share the information he had. On my return to the UK, Charley introduced me to the intermediary and we were then able to work together to achieve the recovery of the stolen paintings.  

The recovery required working with the insurers, their lawyers and with the police and provides a model of how art recovery in the future will depend far more on the resources and expertise of the private sector working in partnership with law enforcement.

The inside story of the this recovery will form the basis of the lecture on the future of art recovery to be given during the 2016 ARCA course in Amelia, Italy which will also look at the authentication and forensic examination of stolen art.
In 2016, Ellis will be teaching "The High Stakes World of Art Policing, Protection and Investigation" June 8-10 and June 13-15 in Amelia, Umbria. You may find out more about ARCA and the postgraduate certificate program in Italy here.

February 26, 2015

Faculty and Course Schedule for the 2015 Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection


 The Faculty and Course Schedule for the 2015 Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection in Amelia, Italy has been confirmed** and  the general application period has been extended through March 30, 2015.



For a copy of this year's prospectus and application materials please write to ARCA at education (at) artcrimeresearch.org

For more information on this year's program please see this earlier blog posting.

June 2015

Course I  - “The International Art Market and Associated Risk”
Dr. Tom Flynn, Art Historian and London Art Lecturer,
Adjunct Assistant Professor Richmond The American International University in London
Senior Lecturer and Visiting Lecturer Kingston College and Christie's Education

Course II - “Art Policing, Protection and Investigation”

Richard Ellis, Law Enforcement
Detective and Founder of The Metropolitan Police, New Scotland Yard Art and Antiquities Squad (retired),
Director, Art Management Group

Course III - “Breitwiesers, Medicis, Beltracchis, Gurlitts and Other Shady Artsy Characters:  How to Analyze their Crimes Empirically”
Marc Balcells, Criminologist; Criminal Defense Attorney
Doctoral Fellow at The City University of New York - John Jay College of Criminal Justice
Professor, Universidad Miguel Hernandez de Elche
Consultant, Universitat Oberta de Catalunya

Course IV - “Art Forgers and Thieves”
Dr. Noah Charney, Author, Founding Director of ARCA
Adjunct Professor of Art History, American University of Rome 

Course V - “Insurance Claims and the Art Trade”

Dorit Straus, Insurance Industry Expert
Insurance Industry Consultant, Art Recovery Group PLC
Vice President and Worldwide Specialty Fine Art Manager for Chubb & Son, a division of Federal Insurance Company  (retired)

July 2015

Courses VI - “Art Crime in War”
Judge Arthur Tompkins, Forensic Expert
District Court Judge in New Zealand

Courses VII - “Art and Heritage Law”
Dr. Duncan Chappell, Professor
Adjunct Professor, Faculty of Law at the University of Sydney,
Former Director of the Australian Institute of Criminology (1987-1994)

Courses VIII - “Risk Assessment and Museum Security”
Dick Drent, Security and Risk Management
Omnirisk, Director
Corporate Security Manager, Van Gogh Museum, Amsterdam  (retired)

Course IX - “TBA”

August 2015

Course X - “Looting, Theft, Destruction, and Repatriation of Cultural Property: Community Impacts”
Dr. Laurie Rush, Cultural Property Protection Expert
Board Member, United States Committee of the Blue Shield

Course XI - “Antiquities and Identity”

Dr. Valerie Higgins, Archaeologist
Associate Professor and Chair of Archaeology and Classics at the American University of Rome





**While the 2015 course listing has been confirmed as of January 13, 2015, the 2015 course listing and instructor line-up may change,in the event unforeseen circumstances affect the assigned instructor’s availability. 


February 22, 2015

Dick Ellis returns to Amelia this summer to teach "Art Policing, Protection and Investigating" at ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection

Richard Ellis
Richard Ellis, founder of Scotland Yard’s Art and Antiquities Squad, will be returning to Amelia to teach “Art Policing, Protection and Investigation” at ARCA’s Postgraduate Program in Art Crime and Cultural Heritage Protection.

Mr. Ellis ran the Art & Antiquities Squad for New Scotland Yard from 1989 until his retirement from the police in 1999. After working for Christie’s Fine Art Security Services and Trace recovery services, in 2005 he joined with security and conservation specialists to form the Art Management Group. He is also director of Art Resolve and Art Retrieval International Ltd.

As a specialist art crime investigator both in the police and in the private sector, Mr. Ellis has been involved in many notable recoveries such as ‘The Scream’ stolen from the National Gallery of Norway in 1994; Audobon’s ‘Birds of America’ stolen from the State Library in St. Petersburg; antiquities looted from China and Egypt; and the recovery of numerous items of art and antiquities stolen from private residences throughout the United Kingdom and abroad including in 2005 the silver stolen Stanton Harcourt and in 2006 paintings by Bonnard, Vuillard and Duffy stolen in London.

What might students learn on a given day?

Students would learn from case studies how stolen art is recovered today both by law enforcement and in the private sector. They would learn how organised crime utilizes stolen art to fund other areas of crime through a study of the Beit collection robberies in Ireland, and would how covert sting operations can recover such stolen masterpieces as Munch's "The Scream". They would also learn how private sector interventions recovered paintings by Picasso and Delacroix from international criminal organisations and how to detect fakes and forgeries.

Books to read?

The Irish Game by Mathew Hart, which gives a clear insight in to why iconic works of art are stolen by organised crime groups and how criminals convert the art in to a tangible benefit.

Here's a link to Mr. Ellis' profile and interview in 2011 and a link to more information about the Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection.

January 30, 2015

Breaking News: Will the Real Owners of the Stolen Paul Gauguin Painting Please Stand Up? A Case for Mediation.

In April 2014 the stolen art world ignited when a press conference conducted by General Mariano Mossa of Italy’s Comando Carabinieri Tutela Patrimonio Culturale art crime squad and the country’s Minister of Culture and Tourism, Dario Franceschini, announced that Italy had recovered two stolen paintings worth more than 33 million euros.

Originally owned by philanthropist Mathilda Marks, daughter of Michael Marks, who founded the Marks and Spencer retail empire and her husband, Terence Kennedy, the two paintings, Fruits sur une table ou nature au petit chien (Still Life with a Small Dog) by Paul Gauguin and Pierre Bonnard’s La femme aux deux fauteuils (Woman with Two Armchairs) had been stolen from a opulent London flat in Chester Terrace in 1970.  The art thieves, posing as burglar alarm repairmen, gained access to the house on the pretext of verifying the owner’s alarm system.  Pretending to go about their work, the criminals quickly removed the artworks from their original frames and bolted while the housekeeper was distracted preparing tea.

After their theft, the art works were smuggled out of England and on to France where they were later abandoned on a Turin-bound train arriving from Paris.  The culprits were never identified though police speculate that whoever was transporting the paintings may have abandoned them when they were spooked by customs officials on the train.

Found by railway inspectors, the two paintings languished for more than a year in the Turin train system’s lost property section before being auctioned off by Italy's national railway network in 1975 as unrecovered lost property.  This time period is significant because the sale occurred five years before the Carabinieri's famous art crime tracking database came into existence.  Unaware of their importance, the pictures were sold for a mere 45,000 lire – €26 in today's money, to a Fiat employee identified only as Nicolò, who later moved back to Siracusa, Sicily when he retired from the auto industry job as a metal mechanic in Turin. 

The Antiques Trade Gazette, reported that Rome’s public prosecutor Marcello Cascini, has stated that the Carabinieri TPC had been alerted to the paintings when a friend of the Italian buyer tried to sell them.  Other news services have reported that the autoworker’s son, Salvatore voluntarily contacted the Carabineri TPC directly when he began to suspect that his father’s paintings where not merely bargain basement knock-off’s.  In either case, the family members have been cooperative and have avoided the lime-light while the paintings were sequestered in 2014 until rightful ownership could be established.

Who is entitled to proceed for restitution and is possession really 9/10ths of the law?

Despite EU efforts to reach uniformity, each domestic law system in the EC provides specific regulations that may vary between Common Law and Civil Code approaches in determining who the rightful owner of a stolen object is. 

Following Art.1153 of the Italian Code, "Effects of the acquisition of possession”, in order to resist a forfeiture claim and protect his interests, the bona fides Sicilian buyer first would have to establish that he acquired the artworks and currently holds the items under dispute.  Second he would need to prove that he had a "valid" title upon which the goods have been acquired and third he would need to show that he was acting on good faith when he purchased the paintings.

Based on Italian civil code criteria the paintings would have had to have been owned by the Fiat worker for 10 years if he was unaware they were stolen goods or twenty years if he had any knowledge that the artworks he had purchased were hot art.

On the basis of the civil code in Italy,  information provided by the Carabinieri TPC that specializes in art and antiquities and given more than forty years had passed since the time of the London theft and subsequent purchase, the Italian courts ruled in the autoworker’s favor last month.  The property was returned to its Italian owner who reported that he planned to sell the Gauguin.

His victory proves there is some truth to the old adage, ownership is easier to maintain if one has possession of something and difficult to enforce if one does not.

Italian law. UK law. Swiss Law. 

But while Mrs. Marks and her American husband, Terence Kennedy, had no children they did have heirs to their vast fortune.

Terence Frank Kennedy met Mathilda Marks in Paris and were married shortly thereafter on 23 August 1951.  A flashy couple, they travelled frequently and spent their money on jewellery, cars, dogs and art. They would buy the Guaguin painting in 1962 from Sotheby’s in New York.

Speaking with Richard Ellis, director of the Art Management Group and a former head of Scotland Yard's Art and Antiques Squad, ARCA learned that when Mathilda Marks died 01 September 1964 she left her widower as the principal beneficiary to her personal estate, leaving him the pictures, which remained in his Chester Terrace home in Regents Park until the high profile art theft in June 1970.

Later he would close the house and travel between Switzerland, London and the South of France where he met John Henderson, then a young actor, who would go on to serve as his personal assistant after he suffered from a major stroke.  Henderson would become Kennedy's lifelong friend, support person  and constant companion for the next twenty years.

When Mr. Kennedy died in 1997 he made Mr. Henderson his sole heir under a will administered in Switzerland. In addition to a will, Mr. Henderson can produce the complete provenance of the paintings and their original frames, complete with exhibition history.

According to Ellis, the terms of Kennedy’s will means that all of Mr Kennedy's possessions, whether in his keeping at the time or not, now belong to John Henderson, inclusive of the now contested stolen pictures and the paintings' frames which he still has. The fact that investigations revealed no insurance payout having been made on the pictures, means that at least under UK law, Mr. Henderson retains clear title to the art works.

Where do the “owners” go from here?

Mr. Ellis reported that he is attempting to schedule a meeting with Roberto Matarazzo, Italian legal counsel to the 70-year-old retired Fiat factory worker arguing that this evidence seems to dictate that the Carabineri TPC and Italian Courts may not have satisfactorily investigated the claim to ownership with regards to these valuable artworks prior to their ruling in the retiree’s favor.  Ellis would like to set up an appointment to discuss the matter in Naples as soon as possible but definitely before any potentially, controversial sale.

This may be a perfect opportunity for all parties to consider the advantages of extra-judicial methods of dispute resolution through the use of a mediator. By sitting down to talk and finding an agreement via mediation on this matter, both parties may be able to arrive at a satisfactory resolution for all parties via Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008.  This directive is specifically intended to encourage amicable dispute resolution vs. long litigious drawn out battles, particularly in civil and commercial matters.

Its the appropriate recourse for art and cultural heritage dispute in the event of an art theft where both the heirs and the purchasing party have vested interests, financial or emotional, in the artworks.

By Lynda Albertson, ARCA

References used in this article:

http://www.antiquestradegazette.com/news/2015/jan/28/british-heir-challenges-italian-factory-worker%E2%80%99s-claim-over-stolen-%C2%A325m-gauguin/
http://www.boglione.eu/it/chi-siamo/focus/item/216-re-getting-back-stolen-valuable-goods-the-eu-perspective.html

http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_civil_matters/l33251_en.htm

Italian Studies in Law: A Review of Legal Problems, edited by Alessandro Pizzorusso

http://www.nytimes.com/2014/04/03/arts/design/two-stolen-paintings-are-found-in-italy.html?_r=0

http://www.panorama.it/cultura/gauguin-bonnard-capolavori/

http://www.thepeerage.com/p36836.htm

August 11, 2014

The Times Magazine: Alexi Mostrous writes about Julian Radcliffe and the Art Loss Register in "The murky world of the art detective"

In Britain's magazine for The Times, Alexi Mostrous discusses the controversy surrounding Art Loss Register's founder Julian Radcliffe and alleged payments to art thieves in "The murky world of the art detective" (August 9, 2014). Mostrous reports that the Art Loss Register 'claims to have returned more than £150 million worth of paintings, artefacts and sculptures to their rightful owners in the 22 years since business began' and has 'more than 400,000 objects currently listed' in its stolen art database:
Were the ALR a business built solely around this database, then Radcliffe would be a useful, if uncontroversial member of the art world, something like a particularly proactive lost property clerk. But Radcliffe is no clerk, and he and his company enjoy a far more glamorous sideline, earning hundreds of thousands of pounds a year tracking down and recovering stolen art on behalf of insurers and victims of theft. It works like this: Radcliffe’s network of sources around the world tip him off about the locations of stolen paintings. For a substantial fee, they may provide “information” which somehow leads to the stolen artwork landing in Radcliffe’s hands. The ALR man has collected paintings left for him in the boot of a car and by a layby. It’s a system shrouded in mystery but then, Radcliffe claims, it gets results.
According to Mostrous, 'Thanks to a series of internal aides-memoire written by Radcliffe between 2004 to 2012, and leaked to The Times, it is possible to reveal for the first time just how far the ALR is willing to go to recover stolen masterpieces.'

Mostrous' article includes comments from two ARCA associates who previously worked for Scotland Yard: Dick Ellis (an ARCA lecturer) and Charley Hill (an ARCA advisor). You can read the article here: http://www.thetimes.co.uk/tto/magazine/article4167385.ece.

Another article in May 2013 highlighted the work of Dick Ellis: Emma Jacobs writing for The Financial Times "Lessons from an old master" which you can read here: http://www.ft.com/intl/cms/s/0/b27c1392-c2cf-11e2-bbbd-00144feab7de.html#axzz3A5egUa3q.

June 19, 2014

Report from ARCA Amelia '14: Second week of courses by Flynn and Ellis bookended with visit to Orvieto

The end of Dr. Flynn's class.  Photo by Summer Kelley-Bell
By Camille Knop, ARCA '14 Intern

Professor Tom Flynn’s course, ‘The International Art Market and Associated Risk’, resumed last Monday with discussions on the tensions between the aesthetic and economic values of works of art. The class concluded two days later with the screening of Furcht, a 1917 German Expressionist film written and directed by Robert Wiene that explores the colonialist roots of collections and the magical haptic quality of works of art that moves one to possess them (even at the risk of one’s safety, in this case). In order to fulfill the course requirements, students composed a 1,500-word response to Gregory Day’s article, “Explaining the Art Market Thefts, Frauds, and Forgeries (And Why the Art Market Does Not Seem to Care).” This exercise allowed students to synthesize and expand on the consequences of the logic of art when put at odds (or not) with the logic of capital.

The End of Dick Ellis' class. Photo by Summer Kelley-Bell

Professor Dick Ellis’ course (“Art Policing, Protection, and Investigating”) the second half of the week included student presentations on art-related crime, focusing on issues regarding due diligence, motivations, and legal and jurisdictional frameworks. Cases ranged from paintings stolen from private property, to an Egyptian pectoral stolen from a university library, to manuscripts smuggled out of Mali, to underwater archaeological looting. The weekend began with many students joining Professor Ellis at two local spots in Amelia: Bar Leonardi and Bar Vertigo.

Despite the forecast of heavy rain, students enjoyed various weekend activities without the stress of any coursework. On Saturday morning, a small group of eight went on an optional trip to Orvieto, which rests on a small plateau of volcanic tuff. After arriving at the foot of the city by bus at around 9:00 a.m., they enjoyed a ride up the funicular that took them right to the edge of the city walls. While some students visited a Roman double-helix well, others wandered around the city, which was preparing for an annual festival that afternoon. Eventually, everyone reunited in the Duomo di Orvieto, whose impressive exterior decoration drew them in like flies to bright lights. Luckily, the group left minutes before a large thunderstorm, which had been seen making its way through the valley towards the city.

Duomo di Orvieto. Photo by Summer Kelley-Bell
By the end of the second week of the ARCA program, the initial nervous excitement of orientation and move-in had worn off, and students began to feel more comfortable as they established their daily routines. In my case, the owners of Caffe Grande, concerned with my poor Italian, have been helping me expand my vocabulary from simply “Grazie!” and “Ciao!” by teaching me alternative greetings through some very animated gestures and universal sign language. Although I was not yet prepared to help a lady who had asked me for directions that week, I was still ecstatic over the fact that I had even been asked! By the end of the second week of classes, ARCA students, including myself, have begun to feel (and apparently appear) less like newcomers and more like Amerini.

You may read about the first week of the program here.

June 18, 2014

The Legal Case of the Mummy Mask of Lady Ka-nefer-nefer at the St. Louis Art Museum Ignites Discussion on Museum Security Network after Courthouse News Reports US Court Rules US Government Could Not Prove Theft

by Catherine Sezgin, ARCA Blog Editor

Updated to reflect published comment by Rick St. Hilaire

In 2011, the Saint Louis Art Museum (SLAM) took legal action to keep the  Mummy Mask of Lady Ka-nefer-nefer from being taken by the U.S. government on the grounds that authorities knew about the mask as early as 2005 and that a five-year-statue of limitations period had expired ("St. Louis Art Museum Sues the United States to Preclude a Forfeiture", ARCA blog, Feb. 16, 2011). Jack Bouboushian reported in "Egyptian Mummy Mask Will Stay in St. Louis" for Courthouse News Service on June 17:
(CN) - An ancient Egyptian mummy mask will remain in the St. Louis Art Museum because the U.S. government cannot prove the mask was stolen from Egypt when it went missing 40 years ago, the 8th Circuit ruled.
[Rick St. Hilaire submitted a comment to the ARCA blog which we published and are reprinting here for your ease of reading -- you may also refer to his blog, Cultural Heritage Lawyer:
The CN article is inaccurate. The appeals court did not rule that the U.S. government failed to prove that the mask was stolen from Egypt. Instead, the appeals court ruled that the lower district court did not abuse its discretion by denying the government’s post-dismissal motion asking for leave to file an amended civil forfeiture complaint. That amended complaint, if accepted by the lower court, contained the allegations that the mummy mask was stolen property. Therefore, the substantive case involving whether the mask was stolen was never litigated. That is what prompted appeals court judge Diana Murphy to write a concurring opinion that agreed with the dismissal of the Ka Nefer Nefer case on procedural grounds, but addressing a caution because of the substantive matters raised but never addressed by the case: "Museums and other participants in the international market for art and antiquities need to exercise caution and care in their dealings in order to protect this heritage and to understand that the United States might ultimately be able to recover such purchases."
Security Consultant Ton Cremers, whose emails were cited in SLAM's 2011 complaint (see ARCA Blog post here), initiated a discussion today on Museum Security Network (MSN) then told the ARCA blog:
In cases of looted, stolen and smuggled cultural goods always the laws of the 'consumer' countries prevail, and most unfortunately not the laws of the victim countries. There is no doubt at all that the Ka-nefer-nefer mask was stolen. The Saint Louis Art Museum is not a member of ICOM [International Council of Museums] and never should be as well.
Dick Ellis, retired police officer for Scotland Yard and an ARCA Lecturer on a course on art investigations, wrote on MSN (quoted here with his permission):
If nothing else, this case identifies a lack of understanding in the processes available to those wishing to recover their stolen cultural property. We may not like the laws or legal processes of a country, but they are what you have to work with and if the wrong option is taken in the recovery process and you fail to meet the required deadlines then your case will fail, as it has in this case. 
Having followed the twists and turns of this case and actually obtained a copy of the records that exist in Egypt showing where the mask was at specific dates it is clear to me that the wrong process was adopted. Rather than sue for the return of the mask, Egypt should have resorted to the same process that put Fred Schultz in prison for contravening US property law. This would have resulted in the FBI actually having to investigate the conduct of those involved in the sale of the mask to the museum and the provenance that was provided in support of it. 
If these investigations had produced evidence that criminal offences had been committed within the jurisdiction of the US courts then those responsible may well have faced a trial under the criminal process, and had the provenance as supplied to the museum been proven to be bogus then it is doubtful that the museum would, or could have resisted a subsequent claim for the return of the mask. 
Having worked with the Egyptian authorities on the successful prosecution of Tokeley Parry, Fred Schultz and others, which established the effectiveness of prosecuting under national property laws rather than cultural property laws, it is disappointing to find that the many lessons of that case appear to have been forgotten so quickly.
Virginia Curry, a retired agent for the Federal Bureau of Investigation (FBI), also wrote on MSN (quoted here with her permission):
While I am not an attorney, I've been successful in all my investigations and have investigated hundreds of similar cases involving  international  property theft and smuggling. Generally, a U.S.  Federal Inter-pleader action, which is a civil, not criminal procedure, occurs AFTER the federal criminal case has been proven that property is in fact stolen and has a nexus to interstate-international transportation or communication (Title 18 United States Code Section 2314, 2315.)
  
Dick you will remember that our collaboration (under a Mutual Legal Assistance Treaty Request)  the theft of the Teniers painting by a U.S. citizen was just that.  The painting was proven stolen at federal criminal  trial in the U.S. -- even though it was stolen from a London dealer, in London.  That court trial, which led to the guilty plea of the thief of the action of transporting property internationally, determined that the painting was stolen.  The court then acknowledged the ownership of the property by the London dealer. 
In my opinion, a case which FIRST proved that the mask was illegally imported to the United States, rather than relying on the logical presumption, especially when there is sufficient extant evidence to do so, would have prevailed.  
I agree with Dick: Consulting with field experts such as he and myself and a dozen others with well known, actual convictions with restitution in similar criminal cases can avoid such "procedural issues" -- such as the "untested legal theory" (that I interpret as the presumption of stolen and smuggled, rather than the presentation of evidence) as expressed by Judge Murphy.
For background on the Ka-Nefer-Nefer mask residing at the Saint Louis Museum, Ton Cremers referred readers of MSN to Malcolm Gay's 2006 article "Out of Egypt: From a long-buried pyramid to the Saint Louis Art Museum: The mysterious voyage of the Ka-Nefer-Nefer mask", Riverfront Times, Feb. 15, 2006.

In 2012 at ARCA's Conference on the Study of Art Crime and Cultural Heritage Protection, Leila Amineddoleh discussed the issue of this Egyptian Ka-Nefer-Nefer mask and its probably looted origins.

SLAM's website describes the provenance for the Mummy Mask of the Lady Ka-nefer-nefer:
Provenance:1951/1952 -Mohammed Zakaria Goneim, excavated at Saqqara, Egypt [1]
by 1952 - Unknown Dealer, Brussels, Belgium [2]
- early 1960sKaloterna Collection [3]
early 1960s -Private Collection, Switzerland, acquired from Kaloterna collection [4]
by 1997 - 1998Phoenix Art, S.A. (Hicham Aboutaam), Geneva, Switzerland, purchased from private collection [5]
1998/03/30 -Saint Louis Art Museum, purchased from Phoenix Ancient Art, S.A. [6]
Notes:[1] Excavated by Mohammed Zakaria Goneim, Keeper of the Antiquities of Saqqara, at Saqqara, during his first season (1951-1952) at the site [Goneim, Mohammed Zakaria,"Excavations at Saqqara; Horus Sekhem-Khet, the Unfinished Step Pyramid at Saqqara." Vol. 1. Cairo: Imprimerie de L'Institut Français D'Archéologie Orientale, 1957].
A letter from a scholar, dated December 12, 1999, indicates that the other objects from the Saqqara excavation group were displayed together in the Cairo Museum, suggesting that they were put on display right after Goneim's excavation. The scholar suggests that the mask was never displayed with the other excavated objects and was probably awarded to the excavator himself. This would correspond with its appearance on the European art market soon after its excavation [SLAM document files].
[2] In a letter dated February 11, 1997, Charly Mathez confirms that he saw the mask in a gallery in Brussels in 1952. According to a letter dated October 5, 1999, he did not remember the name of the gallery [SLAM document files].
[3] In a letter dated March 19, 1998, Hicham Aboutaam indicated that an anonymous Swiss collector acquired the mask from the Kaloterna (possibly Kaliterna) family. In a letter of July 2, 1997, addressed to Hicham Aboutaam, the Swiss collector stated that this acquisition took place in the early 1960s [SLAM document files]. The name "Kaloterna" may be a misspelling of the common Croatian name "Kaliterna." The Swiss collector also had an address in Croatia, and it is possible that the collector became acquainted with the Kaloterna (or Kaliterna) family there. 
[4] See note [3]. The Swiss collector requested anonymity.
[5] The Swiss collector's letter of July 2, 1997 confirms the sale of the mask to Aboutaam [SLAM document files]. Aboutaam also states that the mask was in the United States from 1995 until 1997, possibly indicating that it was in the possession of the New York branch of Phoenix Ancient Art, S.A. during that time [letter, September 23, 1997, SLAM document files]. 
[6] Invoice to the Saint Louis Art Museum dated March 12, 1998 [SLAM document files]. Minutes of the Collections Committee of the Board of Trustees, Saint Louis Art Museum, March 18, 1998.
In The New York Times article "Do You Know Where That Art Has Been?" (Rod Stodghill, March 18, 2007) Hicham Aboutaam's legal problems (and that of his gallery, Phoenix Ancient Art were identified:
For the Aboutaams, whose father started the gallery in Beirut in the 1960s, the makeover will require not only overhauling some of its business practices, but also restoring a public image dogged by legal and ethical questions. In 2004, after an investigation by the United States Bureau of Immigration and Customs Enforcement, Hicham Aboutaam pleaded guilty to a misdemeanor in connection with his importing and selling for $950,000 a silver ceremonial drinking vessel that at the time was alleged to be part of the plundered Iranian Western Cave Treasure. He paid a $5,000 fine. That same year, an Egyptian court sentenced Ali Aboutaam in absentia to 15 years in prison after he was accused of smuggling artifacts from Egypt to Switzerland. The charges against him were later dropped by the Egyptian court due to a lack of evidence. Such run-ins with the law have made big museums nervous even when nothing may appear untoward. In 2001, the Kimball Art Museum in Fort Worth returned a 2600 B.C. Sumerian statue it had bought from the brothers for $2.7 million for a refund. Hicham Aboutaam said that questions surrounding the taxes on his parents’ estate unraveled the deal.