19 January 2014

Once upon a time...




US Soldiers toast victory at Berchtesgaden
Source: Wikipedia via US Army
Once upon a time, an American private first class entered Adolf Hitler’s lair in Berchtesgaden, tantamount to taking a stroll through Ali Baba’s cave. He and his commanding officer could not resist and assembled an elaborate, yet simple scheme to misappropriate objects of all kinds, from Hitler’s desk, cabinets, works lying on the floor, against walls and so forth. They sent these items including an engraving by Cranach, to the US via the military postal system—APO. An untold number of objects left the lair in that fashion. Only one was recovered, only because the soldier, who had registered as a graduate student at a New York City college in the late 1940s, had admitted his wayward behavior to his counselor who reported it to the dean who alerted the State Department. Next thing we know, after arduous negotiations, the student ceded the stolen item without revealing the existence of the other items. To this day, he has protected the identity of his commanding officer, fumbling and stuttering when explaining the reasons for his action. This individual became a leading Holocaust scholar and one of the foremost academic opponents of restitution as an ethical concept, as a teachable concept, as a historical phenomenon following acts of genocide and plunder driven by ideological crimes against an entire people, and as a strategy of justice for Holocaust victims and their heirs. This irrational behavior regarding his crime mirrors strangely the comportment of Jewish officials, Holocaust museum directors, Holocaust studies faculty and administrators, curriculum designers and Holocaust educators as they reject a cardinal principle of the Third Reich policy against its Jewish victims, as well as a pillar of antisemitic behavior--the forcible removal of all property belonging to Jews as the first step towards their dehumanization and marginalization as productive members of civil society.

Art world officials have behaved in similar fashion when confronted with the realization that they might have to part with objects in the collections that they steward. They behave much like the former PFC from Berchtesgaden, with an inflated sense of proprietariness, a very kindisch behavior that one might expect more from an outraged, self-righteous child. And yet, the grandstanding indignation of museum officials and curators and dealers and collectors and their attorneys and even art historians and so-called provenance research specialists in those very institutions, all behave as if they are the self-anointed guardians of Kultur.

It’s all very weird.

18 January 2014

Where were you...?


Drancy Concentration Camp
Source: Wikipedia via Ghetto Fighters' House

Where were you when the trains left Drancy?  How do 45 trains carrying altogether more than 40,000 children, women, and men of all ages, classes, occupations, convictions, dispositions, and origins, leave the station in the northern suburbs of Paris without notice over the course of ten months in the year of 1942?  Sometimes one train left every day packed with more than 1000 people, 1000 future dead bodies.  A daily event.  The routine of death warmed over.  Where were you?  Did anyone notice?  If so, what did he do? What did she do?  What was going on that day when the train left the station?  What were people doing while Germans and Frenchmen were busy assisting nearly 1000 people into cattle cars, bound for “the east”—destination unknown?  What was going on in the world at that very moment? What happened that the names of these men, women, and children were inscribed on the scroll of death?  What were Parisians thinking at the time?  Where were they?  What did America do?  What were Americans doing in Paris? Watching the trains go by? Waving perhaps?  Another cattle train.  My, there is a lot of activity on those tracks.  What were Americans thinking when 12,000 Jews were rounded up in Paris on the 16th and 17th of July?  Were they even friends with those Jews?  The foreign Jews, that is, the ones that the French Jews didn’t really like.  The party spoilers.  Who among the Americans was strong enough to understand what was taking place in Paris at the time?  Was it even possible to understand what was taking place in Paris at the time?  Could one be a witness? An eyewitness? And if so, what was one to do? Except watch? Try not to think? Bury the head in the sand? Shrug the moment off as a bad dream, something inevitable. Blame fate. Blame the Jews, they brought in on themselves, blame the French, they’re such anti-Semites.  Why are you friends with them in that case? Yes,  you, Florence Gould. You, the managers of the Chase Bank, of the Morgan Bank, of the other banks, of the companies, and the galleries, and the businesses, you, the tourists, the writers, painters, sculptors, you the inventors, the secretaries, the students.  What were you doing on the day that they took these children away, and their mothers and their fathers and grandparents and uncles and aunts, their classmates, their teachers, their nurses, their bakers and tailors, and butchers?

What were you doing? I don’t know.  I can’t recall.  I can’t remember.  My mind is drawing a blank.  That’s strange.  It was.. was it a beautiful day? Was the sun shining? Was it hot and steamy or hot and dry?  I simply do not remember.  Where was I? did I have breakfast? Did I go to work? Did I read the newspaper?  What was I doing? What was I thinking? Was I with anyone? I don’t remember.  You say a train left Drancy and went east.  East to where? Nancy? Meaux? Where was it going? You say it rode through Paris?  Did I hear the rumble of the packed cattle cars on the tracks along the Seine and across the river? Did the train cross the river? Was that just my imagination?  Honey, do you know what this gentleman is talking about?  I frankly can’t remember anything.  How droll!

The apartments.  Did they take the apartments before they left or after they left? When did they meet with their lawyers?  What paintings did they prefer, place settings, rugs, furniture? Did they like the room with the view?  Did they buy the buildings after the owners fled or did they not hesitate to humiliate them into selling for less than their worth or their hide?

Do deportation trains whistle in the dark?  Or do they slumber along on the tracks sounding a somber cadence that puts me to sleep as I stare out the windows of my berth watching the cypresses in the distance serrating the crests of hills like bread knives, fields of wheat in the foreground announcing a bounty of a crop not for everyone, though.  I stare out the window, dreaming of a forlorn past, wishing that today had never happened.  Yes, today marks the anniversary, the numberless anniversary of the day that the train left for the east with more than one thousand children, women, and men.  I look for their ghosts in the midst of the white wisps of clouds high above the train that takes me to the mountains, to my seasonal enjoyment on the slopes of the Marmolada above Bergamo and below the Austrian frontier and the Tyrols, last holdouts of Nazi butchers, frosty escape routes for fleeing fugitives carrying inside their jackets a lifetime insurance of protection against capture, prosecution, imprisonment, and execution.  What sweet sinecure awaits these husky SD and SS operatives, these AMT sixers and AMT fours and AMT threes, these fake stalwarts, radio operators, smugglers, two-bit murderers and thieves, men who do not hesitate to dangle impaled babies on their bayonets outside Jewish cemeteries in the Ukraine.  Brave men of the reich, the crumbling reich, and here I am watching from a distance whence they came like cowards stealing through the starry nights the milky way’s hundred million stars oblivious to the agonies and shrieks that dotted the landscape of Europe for ten long, terrible, mind-bending, suffocating, inhuman, beastly years, thirty thousand days and nights of suffering.  How can anyone possibly survive these calamities brought upon by our fellow man, my dear fellow who sits across from me, dressed in green tweed, maroon corduroy, an academic no doubt, let’s see his shoes, earth shoes? What year is this anyway?

08 November 2013

THE HOLOCAUST ART RESTITUTION PROJECT CALLS ON THE GERMAN GOVERNMENT TO IMMEDIATELY DISCLOSE A DETAILED AND COMPLETE INVENTORY OF THE CORNELIUS GURLITT COLLECTION AND SET UP A COMMISSION TO HASTEN RESTITUTION OF NAZI-LOOTED ARTWORKS TO HOLOCAUST VICTIMS AND THEIR HEIRS.

Press Contacts:
For HARP: Marc Masurovsky, (00) 1 202 255 1602 , plunderedart@gmail.com

For Immediate Release

Washington, DC, USA – November 8, 2013 - The Holocaust Art Restitution Project (HARP), based in Washington, DC, chaired by Ori Z. Soltes, has called on the German Government to immediately publish a full, detailed and complete inventory of the Cornelius Gurlitt art collection, and to set up a Commission to hasten the restitution process of Nazi-looted artworks to Holocaust victims and their heirs.

Following the disclosure by the weekly magazine Focus that the German Government has been in control of the Cornelius Gurlitt collection for several years, HARP, through its legal counsel, sent a letter to the German Ministry of Finance, Wolfgang Schäuble, calling on the German Government to immediately disclose a full, complete, and detailed inventory of this collection, and to establish a Commission to hasten the process of identification and restitution of any Nazi-looted artwork found in this collection.

“Any delay in implementing these steps would constitute grave injury to both the art market which requires that full and complete diligence be performed on any transaction, and to Holocaust survivors who have been looking for their artworks since 1945,” the letter states, which was also shared with Reinhard Nemetz, the Head of Augsburg State Prosecutor’s Office in charge of investigating Cornelius Gurlitt.

HARP is a not-for-profit group based in Washington, DC, and chaired by Ori Z. Soltes, dedicated to the identification and restitution of looted artworks require detailed research and analysis of public and private archives in North America. HARP has worked for 16 years on the restitution of artworks looted by the Nazi regime.  HARP was notably involved in the "Portrait of Wally" case, where a Schiele painting was seized by the U.S. Government, as well as in the restitution of an “Odalisque”, a painting by Henri Matisse, to the Rosenberg family.

19 October 2013

From Outside Neolithic Walls: It’s a Matter of Scale and Resources

Participants attending PRTP-Zagreb from March 10-15, 2013
Source: Holocaust Art Restitution Project
by Martin Terrazas, co-posting with ARCAblog

This is in response to several messages in the past weeks in retrospect of time spent in Amelia:

The multidisciplinary approach undertaken by both the Association for Research into Crimes against Art and Provenance Research Training Program is enriching and valuable. As can be understood in headlines regarding the fight over control of auction houses; the demands of the international art market require broad perspectives, for example, where an art historian is able to discuss accounting, archaeology, criminology, finance, history, and law, to name just a few examples, in passing conversation. The future of sound due diligence and reasonable provenance research depend on these individuals to engage in collaborative dialogues in an organic fashion; to make it second nature to elicit information and ask for assistance when problems arise. Globalized business, proper execution of deliverables, and dignified presentation is no longer optional; partnerships, as can be seen by recent headlines, can destruct in moments.

Taking a page from military vocabulary: VUCA is an acronym for Volatility, Uncertainty, Complexity and Ambiguity. What has been the largest lesson from both programs is to embrace VUCA. When a “poison pill” comes your way, it is essential not to recourse into territoriality, but rather to accept and learn how to improve operations. Realizing that leadership is not a prize, but rather an obligation to serve, is something that many have forgotten on the way towards comfort: When cultural property has unknown provenance or has been stolen, it hurts not only the responsible parties, but all involved in the market. Provenance research and art crime prevention is a means to an end, whether or not that be restitution and repatriation or seizure and legal sentence by respective authorities. There is no reason for delay regarding important issues such as who has proper title and what occurred at the scene of the crime. Instead of bureaucracy, individuals are owed personal honesty and scientific investigation. Cooperation between parties is essential.

In Amelia, there were discussions regarding the need for a focus in the international art market through financial statements and the fundamentals of business. For example, sometimes artists don't know how to balance a check book. While easy to criticize, even seasoned businessmen and businesswomen in the industry are guilty of this lapse of judgement. This is a lesson that is particular poignant, not only after Mr. Loeb's letter regarding management at Sotheby's, the current controversy at the Detroit Institute of Arts, changes with the Art Loss Register, Art Recovery International, and the Art Compliance Company, but also with news of China Poly's planned Initial Public Offering (IPO) on the Hong Kong Stock Exchange. At the end of the day, these are also business. Despite its cost on the balance sheet, protecting the consumer through investigation of provenance, is a priority. It will be more expensive in the long-run selling damaged goods.

Conversations in the past months have made it clear that there is not one definitive individual or source regarding data authority in the art market. There is no one single panacea, roughly phrased, for the ill that is looted cultural property without good provenance: Anyone to state differently ought to be questioned. (The discussion over SB 2212: United States Foreign Cultural Exchange Jurisdictional Immunity Clarification Act can be included in this reference. UNESCO has been notoriously absent in its opinion of the legislation.) A tide of transparency has been occurring in the art market whether desired or not. Maybe not in a year or a decade; given the current trends starting with past generations, it seems to be increasingly harder to hide and sell devalued illicit cultural property.

There is entrepreneurship and employment to be found in this trend. Inspiration can be seen in the activities of entities worldwide testing the market. Organizations such as the Arbeitsstelle für Provenienzrecherche/-forschung, Archaeology Southwest, ArtCops, ArtTactic, the Association for Research into Crimes against Art, the Catalogue Raisonné Scholars Association, Chasing Aphrodite, the Company for Location and Restitution of Holocaust Victims’ Assets, the Commission for Looted Art in Europe, the Cultural Policy Center, Elginism, theForschungsstelle "Entartete Kunst", the Getty Research Institute, the Holocaust Art Restitution Project, the International Foundation for Art Research, the International Research Portal for Records Related to Nazi-Era Cultural Property,Illicit Cultural Property, Koordinierungsstelle Magdeburg, the Lawyers’ Committee for Cultural Heritage Preservation, the Portable Antiquities Scheme, Saving Antiquities for Everyone, the Sustainable Preservation Initiative, Trafficking Culture, the United States National Archives Archival Recovery, and the Zentralinstitut für Kunstgeschichte is but a minuscule list of the building repertoire of initiatives desiring to improve the industry. While change with business cycles will occur; social media statistics show that demand is strong.

To paraphrase Harvard Business School Professor Michael Porter’s latest TEDx talk titled “Why business can be good a solving social problems”:

What separates this time from any other brief time on earth is awareness. 

Why are we having so much difficult struggling with these problems?
While clearly Mr. Porter referenced larger ills; the concept remains fundamental. The international art market, like all business, is charged to create shared value. Given the recent headlines, it is important to ask:

Is the international art market properly creating this value? 

If not, how can it be improved? 
What is each of us doing to make it so?