Showing posts with label Lucian Simmons. Show all posts
Showing posts with label Lucian Simmons. Show all posts

08 November 2011

Nazi looted art conference at Lafayette College, Easton, PA: a debriefing (II)

Day 2: October 27, 2011

Lafayette College
Source: Lafayette College via Flickr
Lafayette College is a small architectural jewel nestled in a set of rolling hills not too far from Allentown. Every building on its tightly designed campus does not conform to any cookie-cutter design. In some sense, a student of architecture would have a genuine ‘field day’ at Lafayette College.

Tiffany Windows
Source: Lafayette College Art Collection
The college is home to several cultural institutions which are always enjoyable to visit because their contents give the visitor an insight into the tastes, proclivities and priorities of the curators, the art historians and the administration. One of the biggest surprises can be found at the College Library in the form of two large-size Tiffany stained glass windows that adorn different parts of the library and project at different times of the day a strange array of hues onto those who read and loll in their midst.

It is also in the Library where some of the lectures were staged on Day Two of the Conference. The room where the talks occurred was framed in a glass-encased corner of the Library which gave the proceedings a natural openness filled with the filtered light of a typical October day, not enough to compete with artificial lighting, not enough to prevent you from viewing projected Powerpoint slides.

The room was full of undergraduate students, faculty, staff, and out-of-town visitors, which lent the presentations a well-earned level of attention that one can only find on college campuses. This is a good time to take a break and muse on this intriguing phenomenon. Why do so many people who have never heard of “looted art,” “cultural plunder”, “degenerate art”, “restitution”, “Washington Principles,” “provenance research,” flock to these events? Granted, interested professors flog their flock into attending these presentations on pain of reprisals at exam time (joke!). However, the phenomenon is widespread and unexplainable when contrasted by the sheer indifference displayed by policymakers, so-called art experts, even historians themselves. It’s as if one senses a thirst to know more, to learn, to find out the details, to search for meaning, a thirst that is left unquenched by the strictures and preconceptions of academicians and professionals alike. So much for the soap box.

The presentations went well. Victoria Reed of the Boston Museum of Fine Arts provided a well-thought out description of how the MFA has treated claims for works and objects in its collections in recent years. A major cultural institution better known for its irascible refusal to restitute anything, especially antiquities, the MFA has gradually adapted to the complexities of art restitution and the circumstances under which objects might have changed hands illegally owing to racial and other forms of persecutions against their rightful owners.  Although there is a long way to go still, the MFA has demonstrated that, when called upon to make the difficult choice to restitute a claimed object, thereby de-accessioning it, the benefit of the doubt is being given to the claimant, thereby reversing a decades-old tradition of invoking traditional legal defenses to forestall restitution.

"Portrait of a Man And Woman In An Interior" by Eglon van der Neer
Source: Museum of Fine Arts, Boston
The two keynote lectures of Day Two were scheduled for the evening in a large amphitheater-like room where the “Rape of Europa” had been screened the previous evening. The first keynote was delivered by Jonathan Petropoulos, who teaches at Claremont-McKenna College in California, followed by Lucian Simmons, who heads up global restitution efforts at Sotheby’s in New York.

Jonathan Petropoulos, Phd
Source: Claremont McKenna College
The two presentations were remarkable for one reason only: they were both anchored in personal experience. Jonathan Petropoulos chose to regale the audience on how his interest in Nazi cultural policy morphed into a lifelong quest to come to grips with Nazi looted art and to “do the right thing” for claimants. On the other hand, Simmons unapologetically built on the fact that he was at Sotheby’s to optimize returns for “the house”—it is a for-profit operation after all!—and if art restitution can serve the interests of his employers while doing some good along the way, so much the better for it. Sure!

For those who love redemption stories, Petropoulos’ presentation was a case in point. Charming, articulate, deeply versed in his field, entertaining at times, the tall, soft-spoken professor from Claremont McKenna put forth the image of an honest do-gooder who, in the course of his crusade to get to the bottom of the looted art problematic, got in way over his head at times, risking his professional career, his reputation and, god forbid, even the safety of his family! No comment…well, yes, there will be comments, but not what you might expect.

Aside from being well-published, Jonathan Petropoulos came to prominence in the budding world of restitution of Nazi loot when, in the late 1990s, he stumbled on evidence that a painting by Claude Monet on loan at a museum in Boston had been pilfered in Paris by local agents of Nazi Foreign Minister, Joachim von Ribbentrop. That particular painting once belonged to the legendary Parisian Jewish art dealer, Paul Rosenberg. The painting was returned to the Rosenberg heirs, all was well and Jonathan was now a player in the art restitution field.Le Quai Malaquais, Printemps (1903)

We bumped into each other while serving as directors of research at the Presidential Advisory Commission on Holocaust-Era Assets (PCHA) in 1999 and 2000. While I focused on looted gold, Petropoulos took on the charge of investigating looted art. The final report of the PCHA speaks volumes (a thin one, to be honest) on its overall accomplishments. I will leave it at that.

"Le Quai Malaquais, Printemps (1903)" by Camille Pissarro
Source: Artinfo
Years later, Petropoulos’ name and fortunes became indelibly linked, by his own making, to a notorious Nazi war criminal, master plunderer SS Captain Bruno Lohse, deputy commander of the Einsatzstab Reichsleiter Rosenberg (ERR) operation in German-occupied Paris, and, for a short time, actual head and master coordinator of anti-Jewish cultural plunder in German-occupied France, before his retreat to Germany in the summer of 1944, his brief incarceration, trial and conviction by a French military court (very light sentence), before becoming a very successful art dealer in … you guessed it!.... “degenerate art” and Impressionists from his luxury apartment in Munich. His business operations extended mainly to Switzerland and Lichtenstein. In short, Petropoulos had befriended Lohse and maintained a decade-long relationship with the former war criminal until Lohse’s death in 2007. The public perception of Petropoulos and Lohse centered on a complicated attempt at restituting a famed painting by Claude Pissarro (Quai Malaquais), the property of the Bermann-Fischer publishing fortune and the subject of a forced sale in Vienna before ending up in Lohse’s private collection. The claims and counterclaims are ugly and should be the subject of a separate article. Suffice it to say that the painting was finally sold at Christie’s in 2009.

Petropoulos came out of his keynote speech as a selfless crusader for the cause of claimants seeking to recover looted art. Someone in the audience asked him: “Why do you do it?” He replied that this is his life’s work and he must. Sigh!

Lucian Simmons
Source: Sotheby's
Lucian Simmons is a character. Witty, refreshingly light on his feet, impeccably-dressed, he cuts a very appealing figure while describing in a most understated way (oh! So British!!) his daily schedule busy brokering restitutions, recoveries, sales of recovered items, fending off Russian pseudo-mafiosi-like characters, while babysitting elderly women in upstate New York, all in a heartbeat, seven days a week. And, of course, in the midst of all of this, his Christmas days are routinely disrupted by restitution crises. Oy gevalt! Who would have known?! The trouble is that Lucian does very well for the house with the trade in recovered stolen cultural property. Trouble, I say? Well, yes, it is troublesome to think that one can earn so much money off of historically-centered cultural larceny with genocide and persecution as its moral backdrop, layered by failed and flawed recoveries in the postwar world, complicated by supposedly bona fide acquisitions which would transform current possessors into victims on par with Nazi victims! Well, yes, I have a problem with this, but that’s just me.

Restitution? How does one broker a restitution while working at Sotheby’s? More often than not, it is the result of a complex discussion between the consigner, the claimant, and “the house.” The goal is the sale. The outcome: who will profit from it? This is referred to as restitution. I call it a financial settlement that upholds the rights of the current possessor. And Lucian is a master at this craft. Not to fault him for it, but one must admit that it is a skewed vision of the overall framework that informs the global debate on cultural plunder and its legal and ethical consequences at the point of sale.

Nevertheless, after a hard day at the office, Simmons finds a way of trumpeting the positives of his heady job, emphasizing that good things come of these intersections with history.

Needless to say, one can take only so much from self-scripted redemption to unabashed optimization in the same evening. So much for the current state of affairs as pertains to Nazi looted art and current efforts at restituting plundered items to their rightful owners.

02 April 2011

Cardozo Law School follow-up—Lucian Simmons and two victims

I did take exception in my closing remarks to Lucian Simmons' characterization of the two victims theory in art restitution.  There is no way in the world in which you can equate a victim of the Holocaust with a person who acquires 'in good faith' a work of art or object that, unbeknownst to her, had been looted between 1933 and 1945 and not returned to its rightful owner prior to the sale to this innocent individual.

The so-called good faith purchaser is NOT a victim.  Period.

There is something called 'due diligence' which any self-respecting purchaser of art, especially of objects that are expensive, as in the thousands, tens of thousands, hundreds of thousands of dollars or euros and up, must engage in prior to the acquisition.  In other words, the same principles that apply to the acquisition of a car or a house apply to the acquisition of art.  That's not very complicated to understand, except for the fact that, until recently, when all the hullaballoo about looted art entered into our conscious frame of mind since the late 1990s, no one seemed to truly understand that those works of art being considered for acquisition might have been involved in some kind of man-made catastrophe like genocide, mass slaughter, civil strife, or other human horrors perpetrated on other human beings, resulting in outright thefts of victims' property.

The inability and/or unwillingness to do one's due diligence is a continuing plague on the global art market writ large, including museums, galleries, art fairs, and individual collectors, brokers, and dealers.

'Human Rights and Cultural Heritage: from the Holocaust to the Haitian Earthquake'

Brookdale Center, Cardozo Law School
Source: Wikipedia
This one-day symposium took place on March 31, 2011, at Cardozo Law School in downtown Manhattan.

It featured, among other things, a panel on "Nazi-Era Looted Art: Research and Restitution."  The speakers included one person from the art trade, Lucian Simmons, a vice president at Sotheby's; Larry Kaye, of the law firm of Herrick Feinstein who co-chairs its art law group; Inge van der Vlies, who is a senior official of the Dutch Restitution Committee in Amsterdam; Lucille Roussin, co-organizer of the conference and head of the Holocaust Restitution Claims Practicum at Cardozo Law School.... and myself, as co-founder of the Holocaust Art Restitution Project and the only non-lawyer and historian in the assembly.

Lucian Simmons
Source: Sotheby's
Larry Kaye spoke about the events surrounding the seizure of the 'Portrait of Walli' by Egon Schiele and the involvement of his firm in the settlement of the case with the Leopold Foundation in Vienna, Austria.  He also addressed some sensitive issues governing the plunder of the Goudstikker collection in Amsterdam and the postwar role of the Dutch government in not facilitating the restitution of many items in that collection.

Howard Speigler, left, and Lawrence Kaye
Source: The New York Times via Fred R. Conrad
Lucian Simmons described how Sotheby's is leading the charge on art restitutions, careful, though, not to intrude on the rights of the consignors and the good faith purchasers, and reminding all of us that there are two victims in this game--the historical victim who lost the work or object and the good faith purchaser who--god forbid!--was caught with it, thinking it was perfectly fine. He did address an early incident involving a painting by Jakob van Ruysdael which had been withdrawn from a sale at Sotheby's London, in October 1997 on account of its shady provenance--which indicated that it had been acquired for Hitler's Linz Museum project.

Inge van der Vlies
Source: Raad Voor Cultuur
Inge van der Vlies gave us a painstaking description of the processes involved in assessing art claims in Holland through her restitution committee, reminding us all that, had the Dutch government adhered strictly to the rule of law, no returns would have been possible to claimants because of statutory and other considerations governing ownership of works of art.  Hence, its munificence in 'doing the right thing' governs the debate on restitution.  Larry Kaye took exception to the Dutch government's interpretation of what constitutes legally binding decisions in art restitution cases.  Nothing further needs to be said here about this.

Being the historian of the group, my task was to give context to the issue of restitution. I opened up the subject writ large, going back to the Hague conventions of the late 19th and early 20th centuries which sought to define protections for civilians and their property while armies duked it out near their fields.  My point, which is not popular, is that plunder of works and objects of art motivated by ideological, political, racial, and ethnic considerations are characteristic of the first half of the 20th century, starting with Armenia, going through the muddle of the First World War, Fascist Italy, Nazi Germany, the Anschluss, the establishment of a Nazi protectorate in then-Czecholovakia, the disappearance of Poland, the Nazi invasion of Western and Northern Europe, and the subsequent onslaught against the Soviet Union and southeastern Europe.  Not much time left to discuss the fundaments of restitution except to indicate that market considerations reigned supreme in the immediate postwar which compelled the US government in 1946 to liberalize the art trade by quickly eliminating wartime restrictions on the imports of cultural objects into the US, without knowing what objects might be of illicit origin.  The US and its allies shut down art claims in and around 1948 in their respective zones of occupation in Germany and Austria, thereby shifting the claims process to national governments in Europe and the Americas.

Howard Spiegler, Larry Kaye's alter ego at the Art Law Group of Herrick Feinstein, delivered a genuinely entertaining lecture over lunch where he took on the critics of art restitution litigation, especially aimed at high-revenue firms such as his and Larry's.  Point well taken.  Someone has to do the work.  The problem since 1945? There is still no national and/or international mechanism by which claimants who cannot afford to pay legal fees can be guaranteed a satisfactory procedure through which to articulate their losses and seek redress.  It's now been 66 years since the end of the Second World War and chances are that nothing will ever happen.

The main disappointment in an otherwise productive conference was the inability of the conveners to make a link between Holocaust-era losses and cultural property disputes in the postwar era, and also to address the confusion and complications arising out of the distinction between cultural property and other types of art objects and works of art.  Currently countries such as Italy are deliberately placing Holocaust- and World War II-era losses under the roof of cultural property and cultural patrimony, thus treating a painting by Claude Monet on the same basis as an antique urn.  The end result? the likelihood that the object, even if restituted, cannot leave Italian territory without special permits.  Something akin to what takes place in Austria with works by Gustav Klimt and Egon Schiele, and in France, with any masterpiece produced on French territory.

Hopefully, at some future forum, someone will take the brave step and challenge these artificial barriers that separate antiquities from the rest of artistic production.