Murdered in North London, then bound and tied to a shopping cart in attempt to keep his copse submerged under water, Sebastiano Magnanini's badly decomposed body was discovered by a passerby near an Islington tunnel on the Regent’s Canal not far from King's Cross a little over a week ago. The area where the victim's body was recovered is popular among boaters, some of whom live in houseboats which dot the sides of the canal.  The footpath is also popular among walkers and cyclists looking to escape the capital’s busy streets.  

This is all authorities have released about the grisly demise of Venetian art thief once jailed for 18 months for his part in the 1993 theft of the 1732 painting The Education of the Virgin by Italian Rococo  artist Giovanni Battista Tiepolo from the church of Santa Maria della Fava, also originally known as Santa Maria della Consolazione, in the sestiere of Castello in Venice, Italy.

Described by his friends and family as a free spirit, Magnanini, was a resident of the Cannaregio quarter in Venice but lived outside of Italy. He changed countries as the mood or work suited him.  In 2003 he moved to Plaistow, east London, then later to Thailand and Vietnam embracing a free-spirit hippy lifestyle and making ends meet by teaching English.  Later he moved to Cambodia where he worked briefly as a tour guide for an Italian company.  Then this summer he moved to the UK capital where he had begun working as a carpenter. 

Surveillance cameras in the area, used for the purpose of observing the zone show assailants attacking and then killing Magnanini.  Investigators with New Scotland Yard, who are handling the investigation do not believe that Magnanini's homicide is linked to organised crime, moreover his brother Matteo Magnanini also insisted his brother “Seba” was not involved in any criminal activity.  In an interview with The Evening Standard Matteo said 

"The press is painting as a criminal just because of its past, but my brother was a romantic spirit and he lived his life fully, seeking peace and happiness." “For us and all [who knew him] he was a unique and very special person, always there to cheer anybody up and make their day a memorable one." 

Magnanini was sentenced in 1998 to 18 months in prison for his role as a bumbling one-time art thief in the theft of the Tiepolo artwork. Like many of Italy's churches, Santa Maria della Fava had no alarm or surveillance system and during the heist Magnanini simply hid inside the church until it closed for the evening, then cut the canvas painting from its altarpiece frame, and exited the church before heading to a nearby bar to smoke.   

The slightly damaged painting was recovered 3 months after the theft, rolled up and tied with a simple shoelace, hidden in a farmhouse near the city’s Marco Polo airport. 

Italian newspapers are speculating that Magnanini may have been the simple victim of a drug deal that went wrong.  Anyone with any information is asked to contact Detective Chief Inspector Rebecca Reeves via the incident room on 020 8721 4868,  alternatively, the police non-emergency line on 101 or, if the wish to remain anonymous, via the UK's Crimestoppers line at 0800 555 111.

Expressionist artist Edvard Munch created four principle versions of Der Schrei der Natur, one of the world's most recognisable works of art.   Known in popular culture as The Scream, the artwork has become an agonised symbol of modern anxiety and alienation.

But how do you tell the differences between four of the world’s most talked about works of art when the dynamic composition and its enigmatic character remain so similar from version to version? Each of the works of art contain minor differences in the spectacular skyline, with figures in the background of a foot path, a prominent wooden railing and a view overlooking the peninsula extending into a fjord with a cityscape beyond.  But what truly sets these celebrity artworks apart from one another is the fact that two versions were stolen from different Norwegian museums in 1994 and 2004 and a third has been the subject of an ownership controversy that dates back to the Second World War. 

On February 12, 1994, two men climbed a ladder and smashed through a window to enter The Nationalgalleriet in Oslo.  Using wire cutters, the art thieves clipped the framed painting free from the wall and made a speedy getaway.

The painting was recovered on May 7, 1994 with the help of an undercover operation by British detectives.  Tony Russell, and Dick Ellis of New Scotland Yard's famed Art and Antiques Squad worked closely with Detective Charles Hill who posed as an American art dealer representing The Getty.

Some individuals argue that this version of The Scream is Munch’s first attempt at rendering his historic image.  Its unfinished elements present as a more preliminary work and is remarkable in that one of the figures in the background appears to be looking out towards the fjord. This version is housed at the Edvard Munch Museet (Munch Museum) of Oslo and is the only one of the four "Screams" to not have had a checkered past. 

Sold for $119,922,500 at Sotheby's on May 2, 2012 billionaire Leon Black's purchase set the record for the highest price ever paid for a work of art at auction. Mr Black is a trustee of MoMA and The Met. 

This version is Munch's most vibrant and some consider it more valuable due to a handwritten inscription the artist wrote on its frame.  

At the time of the sale, Sotheby's listed the seller as Norwegian businessman Petter Olsen, whose father Thomas was Munch's patron and friend.  But the provenance of this painting post-sale is not so clearly black and white. The descendants of the German banker Hugo Simon say that the Jewish collector was likely forced to sell this artwork under Nazi duress.

This version and "Madonna", another of Munch's iconic works, were snatched from the Munch Museet (Munch Museum) by two masked men dressed in black and brandishing guns, who forced museum staff to take the paintings down from the wall and hand them over.

When both artworks were recovered two years later, The Scream was found to have sustained worrisome damages.  Despite the efforts of conservators, who worked tirelessly to repair most of the damage, the bottom-left corner of the painting was left washed out and scarred by a dirty brown watermark. Some say the damage and the artwork's theft only add to its value. 

Perhaps envisioning the success of his artwork or a premonition about their popularity with thieves Munch created approximately thirty Der Schrei der Natur lithographs in 1895, all with black ink, most on either white or cream paper. 

To get an idea of what landscape inspired this iconic painting, one need only read the inscription etched into the frame of the 1895 version.  It reads "I was walking along the road with two friends – the sun was setting – suddenly the sky turned blood red – I paused, feeling exhausted, and leaned on the fence – there was blood and tongues of fire above the blue-black fjord and the city – my friends walked on, and I stood there trembling with anxiety – and I sensed an infinite scream passing through nature. -TM"

Norwegians believe the artist was describing an overlook from a road called "Valhallveien" overlooking Oslo, the Oslofjord and Hovedøya from the vantage of Ekeberg Hill.  If you want to know where that is why not check out pop culture detective Bob Egan's fantastic website.  He has also pinpointed the exact spots where some of the most famous album covers of all time were photographed.

By Lynda Albertson

Street entrance to the Oratorio of San Lorenzo in Palermo

Leafy courtyard of the Oratorio of San Lorenzo

The copy of the stolen Caravaggio painting of the Nativity

By: Judge Arthur Tompkins

Te Papa Tongarewa National Museum, Wellington, New Zealand

Ceremonial Greenstone Mere I

Ceremonial Greenstone Mere II

Raul Espinoza

He [Espinoza] was asking $700,000 for works he said were worth $5 million, though the paintings have since been valued for as much as $23 million, said Ricardo Santiago, a spokesman for the Los Angeles district attorney.

This collection was accumulated over a lifetime by Susan Roland and her husband, the late Anton Roland. A teary-eyed George Roland paid tribute to his parents’ passion for art collecting: “Father was born in Carpathia [Czechoslovakia]. Mother was born in Hungary. They married in Budapest. In 1946 they moved to Paris and dreamt of owning paintings…. In 1949 they bought a Chagall in Israel [and] kept on buying paintings all over Europe. When [Dad] bought the Francis Bacon painting, his wife remarked that it was immoral to pay so much money [for it]. He pacified her by saying that it would eventually go to the Tel Aviv Museum…. It was their greatest wish to have a collection and to donate it after our passing, to share it with the Israeli people.’”

Read more: http://forward.com/articles/156143/lucette-lagnado-recalls-jewish-egypt-at-american-f/#ixzz3RilCm7po

"My parents were opposites," George said. His mother came from Hungary and father from the Carpathians. Dad studied in a yeshiva in Prague when the war broke out.

He found his future wife on the street wearing a Jewish star. "Why are you wearing that?"

"They told me to."

"Just because they told you to do it doesn’t mean you do it."

He ripped the star off her coat and took her to the underground where he was working as a forger for the resistance against the Nazis. They stayed together ever since.

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

In a December 20th post on Salon, "Home Alone's" secret lesson: How to foil an art heist", ARCA founder Noah Charney writes on how a holiday movie has messages about museum security:

This Christmas, like every Christmas, millions of televisions will broadcast the exploits of young Kevin McCallister, whom his family forgot in their rush to the airport, to spend the holidays in Paris. “Home Alone” is a Yuletide staple, and I make a point of tuning in every year. But while most will watch “Home Alone” for its heartwarming moments, slapstick comedy and family-as-the-greatest-holiday-gift message, I see in it something else entirely—a master class in low-budget museum security.

I promise, this will all make sense in a moment.

The rest of the article can be found on Salon.com here.

On August 24, 2008, I received a crime report (DR #08-1025695) of a hot prowl residential burglary during which $10 million in fine art was stolen from the home of XXX and XXX (see Attachment B) who were both elderly invalids. The art was taken during the day while they were in their bedrooms during a brief window of opportunity lasting less than an hour during which no caregivers or employees were in the house. Twelve paintings were taken including works by artists such as Marc Chagall, Diego Rivera, Chaim Soutine and others. 

The art remained missing for six years. Then on 9/2/14, I became aware that a man named "Darko" in Europe was trying to find a buyer for the nine stolen paintings listed in the XXX crime alert (see Attachment C). He indicated that he was merely a middleman for an unknown person in possession of the art in California. 

I contacted Special Agent Elizabeth Rivas who works the FBI's Art Crime Team in Los Angeles. An undercover operation was an implemented to recover the stolen art. FBI undercover agents posing as potential buyers set up a meeting at a hotel in West Los Angeles for the purpose of buying the nine stolen paintings valued at over $10 million for $700,000 in cash. 

On 10/23/14, a man identified as Raul Espinoza (aka: Jorge Lara) tried to sell the paintings to the undercover agents and was subsequently arrested and the nine artworks recovered. He is being prosecuted under state charges of 496(a) PC (Receiving Stolen Property) with various special allegations. During the undercover operation, I heard Espinoza offering to sell three additional artworks. He described the paintings, one of which matches the description of an Endre Szasz painting owned by the victims that is still missing. 

Special Agent Rivas told me she interviewed Darko who told her he spoke to the person in possession of the stolen art at least fifty times by cellphone and received cellphone photos of the stolen art in the same manner. During the undercover buy with FBI agents, I viewed and heard the operation taking place through the use of hidden camera in the hotel room and observed Espinoza using his cellphone to call confederates to signal them during the operation. In addition, I believe the original burglary could not have been accomplished without the assistance of inside help from one of the employees who worked for the victims at the time of the crime and I believe this person is known to Espinoza. 

Espinoza's cellphone was seized and booked evidence at the time of his arrest. I request authorization to have his cellphone undergo forensic examination to determine if it contains phone numbers, contacts, photos, emails, text messages, and other information showing his involvement in the crime of receiving stolen property as well as his contacts with Darko and other accomplices in selling, transporting, or storing the art. I believed this information may result in the recovery of three additional paintings in the possession of Espinoza that were stolen from the victims during the burglary in 2008 and may reveal the identity of persons involved in the burglary in 2008 and may reveal the identity of persons involved in the original burglary in 2008.

This documentary examines the case of Vincenzo Peruggia, an unassuming house painter charged with stealing the "Mona Lisa" from the Louvre in 1911. (Netflix summary)

In the middle of the afternoon on June 19, 2012, inside an art gallery near Central Park, a man removed a 1949 Salvador Dali watercolor from the wall, placed it in a shopping bag and disappeared into the streets of Manhattan. The ensuing international investigation—led by NYPD Major Case Squad detectives and a Manhattan DA prosecutor—provides an illustrative case study of modern investigative techniques joined with time-tested law enforcement methods to recover a stolen work of art and convict the thief. 

The lead prosecutor in The People v. Phivos Istavrioglou, Arnold presented a concise narrative of the investigation into the theft by Cartel des Don Juan Tenorio, including: determining initial investigative steps; ruling out an inside job; recovering the piece; identifying the thief (a foreign national); placing him in Manhattan that day; using social media to track him to Europe (right down to his favorite café); seizing damning digital evidence of his guilt; luring him back to New York (through an elaborate undercover sting), and; securing his confession, indictment and conviction. The presentation included an explanation of the tools, techniques and approaches utilized, and the attendant legal considerations.

Picasso's 1971 Harlequin

The Art Newspaper reported last October that the US authorities began repatriation proceedings after the work was certified by a Venezuelan authentication committee and later confirmed by the director of the Henri Matisse Archives in Paris, Wanda de Guébriant.

According to the affidavit filed in support of the criminal complaint, this case was the result of an FBI undercover investigation. According to the allegations in the complaint affidavit, Marcuello negotiated the sale of the Matisse painting, which had been previously stolen from the Caracas Museum of Contemporary Art (Museo de Arte Contemporaneo de Caracas (MACCSI)) in Caracas, Venezuela in December 2002. The painting is valued at approximately $3 million. Marcuello allegedly admitted to the undercover agents during a meeting that he knew the painting was stolen and offered to sell the stolen painting for approximately $740,000.00. As part of the negotiations, Marcuello further agreed to have the painting transported by courier to the United States from Mexico, where the painting was being stored. The courier was subsequently identified as co-defendant Ornelas. According to the affidavit, on July 16, 2012, Ornelas arrived at the Miami International Airport from Mexico City, Mexico, hand-carrying a red tube containing the painting. On July 17, 2012, defendants Marcuello and Ornelas met with undercover agents and produced the Matisse painting titled “Odalisque in Red Pants” from inside the red tube. Upon inspection by the undercover agents, the painting appeared consistent with the original Henri Matisse painting reported stolen from the MACCSI museum. At the conclusion of the meeting, Marcuello and Ornelas were arrested.

Christ in the Storm on the Lake of Galilee

Photo Credit:  CBC News Edmonton

The SQ/RCMP Integrated Art Crime Investigation Unit issued an Art Alerte for the "Recovered World of Art" (Case File: 11-098) to announce the return of sandstone Bas-Relief, noting its size (21 x 20.5 x 3 cm). Here's the link to the YouTube channel for the Sûreté du Québec if they publish a video of the conference.

by Lynda Albertson, ARCA's CEO and Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief