Showing posts with label Agnes Peresztegi. Show all posts
Showing posts with label Agnes Peresztegi. Show all posts

18 June 2016

Highlights from Senate Judiciary Committee hearing held on 7 June 2016 regarding S. 2763.

loosely transcribed by Marc Masurovsky

Note: The questions and answers might not have been rendered using those exact words. Hence, in many instances, the gist of the exchanges between Senators and witnesses has been provided as carefully as possible. Should there by any misrepresentations, they are my sole responsibility.

Preamble

12:11 pm: After waiting in a hallway for nearly three hours, we are inside a near empty meeting room inside the Dirksen Building waiting for the inevitable. The lobbyists for the art market are huddled in a corner, dressed in appropriately expensive outfits, mostly dapper men, not a single strand of hair out of place, caricatures of male fashion models.

Act One: The Testimonies

The hearing began at one in the afternoon.

Senator John Cornyn (R-Tex) declared that heirs should come forward to achieve just and fair solutions. The proposed legislation sets up a period of six years during which they must discover their objects and claim them. It eliminates laches and statutes of limitations. However, « claimants are given a chance but that chance should not last forever. »

No sooner than he entered the hearing room, Senator Charles Schumer (D-NY)  announced that he was going to leave in five minutes because of a lunch. Before leaving, he announced that there is work to be done, reclaiming art that had been stolen, even though the statute of limitations has passed. Schumer asked Ronald Lauder about the actress, Helen Mirren, who had played the role of Maria Altmann in her historic bid for restitution of her family’s Klimt paintings held at the Belvedere in Vienna. 

Schumer expressed his gratitude to the movie « Woman in Gold» which paved the way to give claimants their day in court. Morally it is the right thing to do. S. 2763 will be a drop of justice in an ocean of injustice. He also took the opportunity to take full credit for S. 2763 and asked that the bill be passed as soon as possible. Then he left the room.

Senator Ted Cruz (R-Tex), in his introductory remarks, evoked D-day, the liberation of Nazi camps, the discoveries of stolen treasures in Europe, « not just spoils of war, » but the fruit of Nazi policies stretching back to 1933. « The Nazi goal was to dehumanize the Jewish people, leading to the Final Solution… We are still trying to cope with the consequences of the Holocaust. Today it’s about looted art, the ‘greatest displacement of art in human history.’ Many works found their way into American museums, often by happenstance. It has been difficult for claimants to prove their losses, due to absence of documentation.

The HEAR Act (S. 2763) is intended to ease the burden on families by establishing a six year suspension of the statute of limitations, during which cases can be filed on the merits which will not be thwarted by technical legal defenses. Families are encouraged to come forward and make known their claims and steps taken to achieve fair and just solutions (Washington Principles), resolve claims expeditiously based on the June 2009 Terezin Declaration. Senator Cruz acknowledged that there were many issues « on which we disagreed. However bipartisan cooperation made the bill a reality. »

Senator Cornyn left the room.

Senator Richard Blumenthal (D-CT) declared that this hearing is a milestone to ensure that this Congress speaks on the side of justice. He discussed his family’s escape from Europe and the loss of life for those who remained behind. « Time is long past to return these ill-gotten gains of that unspeakable horror. » Echoing Cruz’s words, he mentioned that the destruction of documentation had aggravated the theft. Statutes of limitations should not be invoked to deny justice.

It is already starting to feel like theater.

Chairman Chuck Grassley (R-IA) thanked the witnesses for appearing. « We need to fulfill our commitment to return the artwork to its rightful owners. And when the senators are ready to place the bill on the agenda, we will put it on the agenda. » Strong words whose import we did not realize at the time because of Grassley’s close ties to the American museum lobby.

The witnesses were sworn in.

Ronald Lauder, representing the World Jewish Restitution Organization, indicated that he represented Jewish people everywhere. After the war, art theft was continued by governments, museums. People who should have known better participated in this. That’s what brings us together today. How do we render just and fair decisions for art works in dispute and still missing ? We’d like to see every piece of art returned to rightful owners. A confiscated work of art may have been purchased with good intentions, without knowing that it was stolen.

The United States committed itself to recover works of art that had been looted, by endorsing the Washington Principles and the Terezin Declaration.

According to Lauder, there are museums in the US which run the clock to allow the statute of limitations to kick in in order not to return the art. They feel no need to uphold the Washington Principles [of December 1998].

The HEAR Act provides that claims should not be denied because of the passage of time and especially because they would not have had knowledge. Once the claimants have knowledge, they should not wait and they should file their case within a six year period to be heard without technical defenses used against them.

Why should we care now ? We should care deeply. Denying the justice is wrong and perpetuates the crimes of the Nazis. Behind every stolen work of art, a murder was committed. If people are interested in justice, they should support this legislation.

Helen Mirren recounted Maria Altmann’s saga. As an actress, Mirren had to go on her own journey and put Altmann’s memories in her mind. She read a lot of research material, to render the absolute reality of those days when Altmann lost everything and had to flee Vienna. In her view, lack of transparency, lack of access to information and the lack of assurances that they could have their day in court discouraged the victims. « The right thing to do is to return the art to its rightful owner. The act of removing the art by the Nazis was unconscionable. »

In her words, "Restitution is more than reclaiming a good. It’s a moral imperative. Art restitution has very little to do with financial gain, it is about retaining their (the Jewish people’s)history, their culture, their memories and most importantly their families. Maria’s story is a story of noble justice, it deserves to be told by future generations."

And finally, Mirren hit it on the nose :

« Art is a reflection of memories. Dispossession loses memories. It’s like having no family. Lives of so many people could be rejuvenated. Greed, self-interest will always be with us. Justice is so much more difficult. We all dream of justice. We have the ability to make changes today. »

Monica Dugot, a senior executive at Christie’s auction house in New York took no position on the HEAR Act. However, she shared her personal experiences as a restitution advocate while at the Holocaust Claims Processing Office in New York and then as a senior executive at Christie’s overseeing restitution matters. She made a point of emphasizing that smaller looted pieces were recirculating and that was inevitable. And yet the emotional value of the art works is beyond estimates.

Thorough due diligence protects Christie’s reputation on the market. Its role is that of an intermediary or a broker, a neutral third party between current possessors who consign their objects for sale and those claiming the pieces as their stolen property. The choices are either restitution or a negotiated financial settlement which might lead to the sale of the piece.

« We vet all pre-1945 works that pass through our hands. » Although Christie’s resources are limited, it has handled at least two hundred claims. Ms. Dugot indicated that Christie’s preferred negotiated settlements.

Agnes Peresztegi, representing the Commission for Art Recovery, is committed to assist to the restitution of looted art. In her words, « expropriation is a form of genocide. Works of art removed during an act of genocide should be viewed as permanently tainted. »

The burden has been too often placed on the claimant to prove ownership. She made a point of emphasizing that the HEAR Act would not be retroactive.

It should not extinguish claims in States which are more sympathetic to claimants.

Simon Goodman, a relative of Friedrich Guttman whose vast collection of art works and objects of art was plundered during the German occupation of Holland and France, has spent twenty years « trying to recover Friedrich’s collection. » When his father died in 1994, Simon discovered the correspondence detailing the often-fruitless attempts to recover the family’s objects. The Dutch government wanted to be paid before returning any art work or it simply absorbed looted objects in Dutch state collections.

Simon’s quest began in 1995. In late 1995, a pastel by Degas was found in Chicago. The current possessor, Daniel Searle, claimed that the statute of limitations had run out. He had exercised no digilence at the time of purchase.  In 2002, he found a Nazi inventory of each room in his parents’ house.

Act Two : The Questioning

Senator Cruz: Why are we still working on this ? 

Ron Lauder :  Many records were destroyed. Although families had no records, museums had records and they stonewalled. Lauder wonders whether the hearing would have taken place had the movie [The Woman in Gold] not been made.

Senator Cruz: Has the US lived up to its commitments to resolve claims expeditiously ?

Ron Lauder : Yes and no. Museums tend to stop restitution if the piece being claimed is one of their best pieces. The US has the will to live up to its obligations and the HEAR Act allows the US to do so.

Senator Blumenthal: He credits the movie "The Woman in Gold" to provide support for this cause. 
The HEAR Act is an exceedingly modest proposal for thousands of people who have been waiting to present their case. I felt anger and outrage at the museums and other reputable isntitutions which have invoked these technical obstacles. I won’t name them. They have been complicit in this injustice. Indiretly aided and abetted the thuggery of the Nazis. Made a pretense of following the rules of morality. Do you think we can enlist museums to be on the right side of justice ?

Ron Lauder : yes, you can. No museum wants to go on hanging on to Nazi-looted art. If we can, we win the battle. Too often, these museums have made it so expensive for claimants to do the work. We’ve had dozens of claimants complaining that they were making it very costly for them to recover their objets. This HEAR Act levels the playing field.

Agnes Peresztegi: Museums take the claims to the legal department and their main duty is to preserve their collection. They feel hesitant to even review the claim. If the HEAR Act could remove this obstacle, museums would be more encouraged to resolve the claims.

Simon Goodman : We acted as soon as we could but gathering evidence was the main uphill battle. Most of it became accessible at the end of the 20th century. It’s a point of honor for me to resolve what is outstanding.

Helen Mirren : As far as I understand, Maria Altmann realized after reading some press articles that something was possible to recover. It took a decade. Very long and difficult battle. She had the advantage of a young lawyer [E. Randol Schoenberg] who came on board. Even if she had wanted to, it would have been difficult. We owe Maria Almann a great deal.

Ron Lauder : 12 years and 4 million dollars of travel and time.

Senator Lee asks a question about laches.
Agnes Peresztegi : When Holocaust survivors came to the US, they were not ordinary citizens. It would be unjust to impose a different level of due diligence on Holocaust survivors.

Senator Lee : laches is an equitable doctrine. The application would be inequitable ?

Agnes Peresztegui : Yes. Theft is an issue of state law. Not federal law.

Senator Lee : Why is this an appropriate use of Federal law ?

Agnes Peresztegui : California tried to address this issue and enacted a state law which addressed Holocaust claims, which was struck down by the 9th circuit, ruling that it could only be addressed by Federal law. The argument was grounded on foreign policy of the US since 1943.
Senator Lee : Is it impossible for any one state to recognize this rule without engaging in foreign policy ?
Agnes Peresztegi: Yes. …The US has a consistent policy regarding the restitution of Nazi looted art.

Senator Lee : this law would not preclude us of doing the same for victims of other genocides ?

Agnes Peresztegi: No, it would not.

Senator Cruz has left the room.

Senator Coombs: how would the HEAR Act support your family if it had been passed when you had filed your claims ?

Simon Goodman : We won the first motion to dismiss. But the family felt that we should settle out of court because we did not know what the outcome of litigation would be. We were on strong moral ground and on weak legal ground. …This bill would be a huge help and establishes a moral record.

Senator Coombs: what info would be different under the HEAR Act ?

Agnes Peresztegi: The HEAR Act will bring certainty. It makes clear where the law stands.

Senator Coombs: are there other ways of delays ?

Monica Dugot: The market needs to convey good title and there should not be any taint on the object. Without making any comments on the bill, the template in place at Christie’s is to look at the facts, case by case.

Senator Coombs: What about ISIS looting cultural artifacts ? What impact does this law have on the appreciation of cultural treasures worldwide ?

Helen Mirren : This is happening to people as we speak. Their lives are taken as well as their history. What affected me the most is the idea of losing all trace of your existence on this planet, even if you survived, nothing, no one to talk to, no pictures, the disappearance of simple human things, this is why this has nothing to do with money, reclaiming one’s place in history.

Senator Tills: How many objects are outstanding ?

Ron Lauder : 2-300,000 major works of art are still outstanding. The lesser ones, we will never know.

Senator Tills : How many objects have you recovered ? and prospects to identify the others ?

Simon Goodman : There is a lot of searching left to do. One important painting entered the NY market in 1955. I have recovered and/or received settlements on 20 ptgs. Received 200 antiques. And there was a recent settlement on two golden clocks with Baden-Wurttemberg in Germany.

Senator Tills : What does a settlement look like ?

Simon Goodman : A settlement is for 40-50% of the value. Weigh that against the cost of going to court. For a painting in Switzerland, we have not a leg to stand on. The consignor is willing to provide 50% of the value.

Senator Tills: What is the Difference between legal systems in the US and Europe.

Agnes Peresztegi: After statute of limitations runs out, title is transferred to the current possessor. In the US, title does not pass. European nations set up standing committees because they could not change the laws. In the US, most of the museums are privately-owned. In Europe, they are publicly-owned. Ministries of culture decide on how museums behave. The US does not have such a government body. Hence you need to change the law, and you can.

Senator Klobuchar (D-MN): She invoked the case of a Leger painting at the Minneapolist Institute of Arts. It took 10years to do the research. Can one reduce that time ?

Monica Dugot : Monica would not comment on the law and asked « Aggie » to intercede.

Agnes Peresztegi: in those days, there were hopes that one central database would answer anyone’s question. Today, there are more digitized data available.

Senator Klobuchar: has international cooperation improved ?

Ron Lauder : Swiss stonewalled. Regarding the Leger, people knew it was stolen. Knowledge is one thing, acting on it is another.

Senator Klobuchar: I am impressed you knew about the painting

Ron Lauder : I am a collector.

Senator Klobuchar: Really ? Just joking.

Helen Mirren : I am here because—supposing someone came to my door, walked into my house and took everything that I owned, forced me to sign a piece of paper handing it over. It was wrong then and it is today. I don’t see any difference. I feel very strongly about it.

Senator Hatch : USHMM’s website to reflect on the lessons of the Holocaust. The HEAR act is part of that legacy. The job is still not over.
Ron Lauder : A major part of the Nazi regime’s mission was to destroy/confiscate art, use the art to make a new Museum in Linz. Art was a critical part of the program.

Senator Franken: He makes reference to the Prague conference of June 2009.
What other measures should be passed to ensure that the US facilitate the return of looted art to rightful owners?
Agnes Peresztegi: We need more info about what museums hold. Museums only display 1/3 of their collections. Museums in the UK undertook to digitize all of their paintings and sculptures. You can publish all the objects in a museum. If there is suspicion in the UK, one can consult the images. Why shouldn’t we know what these museums hold ? There are many creative ways by which to move forward.

Senator Franken : If there were digitization of this info, it would be useful. Christie’s returned objects to many different claimants, how have other parties been involved in misapproprations ?

Monica Dugot : We look at provenance for everything that comes in. A lot of the work that has not been returned is in private hands. We emphasize that every object has clear provenance and if there are questions, we have to look into the history of ownership. It’s only been 10-15 years that provenance has been highlighted. Published sources might be erroneous, so we have to look at everything. The info out there is voluminous and not centralized. We work on deadline which is a problem for us. We have to do thorough provenance research in a matter of weeks. Or a month.

Simon Goodman : MFA&A [Monuments Fine Arts and Archives] could not deal with individual claimants. They returned what they had found to the countries where the objects had been stolen.

At the close of the hearing, Senator Cruz indicated that Chairman Grassley offered to expedite the legislation through the committee. He hoped to see some justice after 7 decades. The record will be kept open for 5 business days until June 14, 2016.

The end (for now).



31 August 2015

A small tribute to Charles Goldstein


Charles Goldstein
by Marc Masurovsky

Charles Goldstein, counsel to the Commission for Art Recovery and Ronald Lauder’s attorney, died on July 30, 2015. He was 78 years old. Mr. Goldstein was also affiliated with the New York law firm of Herrick Feinstein, which has developed over the years a prestigious art restitution practice. Herrick Feinstein’s most visible cases have been the Portrait of Wally by Egon Schiele and the missing paintings of the late Jacques Goudstikker. Mr. Goldstein's most significant case at the time of his death is CAR's representation of the Baron Herzog's heirs against the Republic of Hungary.

I will now refer to Mr. Goldstein as Charles because of the budding friendship that evolved between us. I cannot say for certain that there was a deep friendship, but it certainly went beyond acquaintanceship.

Nothing predisposed me from ever meeting Charles and even more so from developing a bond with him, however loosely you would like to define what a bond really is.

As Ronald Lauder’s lawyer and as counsel to the Commission for Art Recovery (CAR), there was much axe to grind over palpable differences between what he represented -- or what I thought he represented--and what I represented. Namely, as a co-founder of the Holocaust Art Restitution Project (HARP), I became embroiled together with my HARP colleagues, Ori Z. Soltes and Willi Korte, in the Portrait of Walli affair which erupted in late 1997 over the refusal by the Board of the Museum of Modern Art of New York (MoMA) and its director to even consider opening a dialogue with the relatives of the pre-war owners of two paintings by Egon Schiele with questionable ownership histories that were on display in MoMA’s galleries as loans from the Leopold Collection in Vienna, Austria.

Ronald Lauder was then the Chairman of the Board of MoMA. The perception to the outside world was that Mr. Lauder and the Board of MoMA had steadfastly refused to sit down with the proclaimed heirs of the two contested Schiele paintings and to try to “work something out” short of getting embroiled in costly legal entanglements. The claimants wanted the paintings to remain in New York until they could get a fair hearing. MoMA wanted to honor its contractual obligations with the Leopold Museum and get the paintings out of the museum at the end of the Schiele Exhibit scheduled for the first week of January 1998. At that time, Charles was not directly involved in art restitution matters. In a very frank exchange that Charles and I had over the Wally affair, Charles insisted that Lauder was not involved in MoMA's ill-treatment of the Wally affair.

Thus began a cold spell between HARP and CAR. It did not help matters that CAR had sought to silence HARP by offering to “buy” it out of existence in the summer of 1998.  Lauder represented CAR and there was no way of understanding how CAR could square art restitution and MOMA's handling of the Schiele paintings. As far as HARP was concerned, CAR had gone to the dark side, choosing to leave most art restitution claimants in the cold and catering to wealthy clients seeking the return of their priceless works. Those were the caustic days of the late 1990s embittered by the mixed results of the Washington Conference on Holocaust-era Assets of December 1998, fueled by the American government's inability and unwillingness to truly move forward on this last chapter of WWII, dealing with the fate of looted Jewish cultural assets. Much water has since flowed under the proverbial bridge. Cooler heads have somewhat prevailed and it is clear that HARP's initial assessment of CAR ended up being far from accurate, as attested by Charles' groundbreaking work in art restitution cases and that of his colleague, the extremely able and brilliant Agnes Peresztegi, Director of European Operations for CAR.

Seven years elapsed since the Wally affair and the Washington Conference. A mutual friend advised Charles to invite me to a very unusual (by my standards) international gathering of specialists co-sponsored by the London-based International Foundation for Cultural Diplomacy that was being held in southern Bavaria on the estates of the Duke of Bavaria. Charles/CAR agreed to sponsor my presence at this conclave. The topic at hand: databases and art restitution. I hadn’t set foot in Germany since 1972.

I drove through the Swiss-German border, laden with ancient memories of Jewish refugees being turned back in the 1930s and early 1940s. I was so terrified that I slowed down to show my passport. I was quickly summoned to keep on driving because… there was no passport check.

As I drove along the roads flanking the northern edges of Lake Constanz, names of towns echoed with direct associations to former slave labor camps, depots for looted Jewish property, and Allied battlefields. It was in this area that Jacques Doriot, leader of the PPF and a close friend of the German occupation forces in France had been machine-gunned on a lonely road towards the end of WWII. Charming!

I found myself arriving two hours earlier than I should have at the town of Salem---a curious name since in the US, Salem had hosted the first political trial of the New World accusing a group of young women of using sorcery and witchcraft against the town's "respectable" men.

My first stop was the local cemetery. You might find that strange but cemeteries are the best way of getting acquainted with the history of a community. The first “monument” that I saw was a plain, massive rectangular marble slab tacked to a small obelisk bearing the etched names of German soldiers from Salem who have gone “missing” during WWII. I found it truly moving and, no matter how much havoc those young soldiers might have wreaked in the former Soviet Union, it was still a compelling homage by their kin to indicate their fate as “missing”. Call it my ecumenical side but a human loss is a human loss, no matter which side of the fence you happen to reside on. My heart did leap when I saw several names with those familiar 'lightning bolts" etched next to them. Further along, tucked away behind the right wall of the church, around which the cemetery was formed, one stumbled on the Social Democratic section—made quite obvious by the tributes engraved on various tombstones. A good indication that Salem had experienced a complex political past reflective of Germany’s woes during the Weimar period. No Jewish graves in sight.

I eventually stumbled into my temporary living quarters, located on the estate of the Duke of Bavaria, down the street from the cemetery. I walked around the grounds and saw seated at a table outside the “inn” drinking a cocktail a small, balding, rotund figure topped with a roundish puffy face. He was wearing what the French call a grey “gilet” over which he wore a dark jacket. It was Charles. He motioned me to his table and we started chatting over nothing and everything. So began our “friendship”.

Over the years, we learned to trust each other. Although trust is a big word, maybe respect is more appropriate. I never worked for Charles, but he invited me over time to keep him “posted” on my activities and what I knew of specific occurrences in the art restitution field, a genuine hornest’s net crossed with a snake pit.

We did end up “working” together to stymie attempts by the American museum community to pass laws in Congress that would in effect eliminate claimants’ only recourse to plead their case in US courts over objects with contested histories. This collaboration, particularly centered around SB 2212 and its subsequent variants in the House of Representatives, defined the outer boundaries of our “bond.” The discussions provoked by the proposed legislation to “immunize” stolen works and objects of art entering the US for purposes of display, compelled us to find common grounds over issues such as barring statutes of limitations and other technical legal defenses in art restitution cases and Federal regulation of due diligence practices in the art world.

Charles, never one to mince his words, flatly stated that restitution litigation as we know it would die off quietly because of the paucity of claims coming forth in US civil courts. I could only retort that the huge cost of litigation, no thanks to Charles’ steep fee structure, discouraged most claimants from coming forward. His quip was to restate that he and his firm would not take any case where the object’s value was less than one million dollars. Period.

We left it at that.

The most important moment for me was when Charles broke rank with American Jewish organizations over the campaign to defeat SB 2212 by arguing that it was wrong and unethical to disregard other genocidal events against indigenous peoples and cultures around the world, including one of the most egregious which targeted the original inhabitants of the Americas. He recognized that it was in our common interest to seek support from those advocates of other groups and constituencies seeking redress for past genocides and from the archaeological community. It demonstrated his profound ethos and commitment to color-blind justice. The strategy worked and SB 2212 died a miserable death.

Charles and I ended up meeting several times a year in New York at some of his favorite watering and eating haunts, either on the upper west side across from the Lincoln Center, or across from his firm at 33rd Street and Park, or even on the upper East Side close to where he lived.

He gradually shared more elements of his personal life which were “entertaining” to say the least. I never considered Charles to be a ladies’ man, but, yes, he was, in his own special way. He had a disarming smile and a wicked sense of humor, almost disarming.




As he grew weaker due to his illness, he maintained a stoic poise and was quite frank about his few brushes with death owing to allergic reactions to the medication that he was taking which seemed to incapacitate him. But he was a fighter and he knew how fortunate he was to be so well cared for by a supportive network.

I end this small tribute to him with two last thoughts:

I thank him dearly for extending himself professionally by supporting projects dear to my heart.

He left behind a wonderful daughter, Deborah, who, in so many ways, is the antithesis of her father. But they both share a huge heart and openness of mind that are hard to find nowadays. I never had the pleasure of meeting his son, Graham, nor his ex-wives. But my heart goes out to all of them for their loss.

Charles: You are sorely missed. You were and continue to be a driving force and a huge influence on the restitution discussion both in the US and abroad. We have not yet measured the impact of your passing. The fact that your opponents representing museums and art dealers have already uncorked champagne bottles toasting your disappearance is premature and typical of their hubris. We’ll see who has the last word.

More importantly, you taught me to value and nurture a more pragmatic approach to seek a more ethical treatment of restitution claims and instill better practices in the management of objects with dubious histories. In that regard, you were an excellent teacher.

I do miss you, as a friend, a colleague and an intellectual foil.

You are a mensch.