In a hearing that took less than an hour at the Geneva police court, Ali Aboutaam, the owner of the Geneva gallery Phoenix Ancient Art SA has been sentenced by the Swiss authorities.  Following on a complex and multi-year criminal and procedural investigation by officers and analysts with Switzerland's customs and anti-fraud divisions, working with the Geneva Public Prosecutor's Office, the Swiss-based merchant has been found guilty of forgery of titles.  A misdemeanour under Swiss law on the transfer of cultural property, his admissions come with an 18-month suspended prison sentence, three years probation and requiring him to pay procedural costs totalling 450,000 francs or approximately €454,410.

The courts also confirmed the seizure of 42 artefacts, confiscated due to their illicit origin which will be devolved to the Federal Office of Culture.  Several dozen other antiquities will be returned to the countries of origin.

Aboutaam's conviction and sentencing comes in response to a conspiracy which proved that the art dealer, with the help of accomplices, produced false certificates of provenance in relation to ancient art objects in circulation. Aboutaam was also found guilty of having knowingly paid at least one accomplice, who sourced antiquities from illicit excavations in various countries of the Middle East.

A statement extracted from the Swiss indictment read: 

This particular Swiss investigation dates back to 20 December 2016 when around 5:10 p.m., at around 17:10 hours, when arriving from France by car, a Swiss border patrol officer stopped a grey Land Rover vehicle, registration No. GE777994 registered to the company Phoenix Ancient Art SA, rue Verdaine 6 & 1204 Geneva at the Veyrier border checkpoint. The car had been driven by Ali Aboutaam's driver and was transporting then-Germany based antiquities dealer Roben Galel Dib as a passenger. 

The testimony of the two persons revealed that Dib was in possession of an antique oil lamp, which neither the driver, nor the purported owner of the lamp, were able to provide documentation for proving the object’s provenance to the officers’ satisfaction.  Dib told authorities he was coming to Switzerland to "meet a girl" and that he was carrying the lamp with him because he had just had an appointment on this subject in Paris to have it restored. The object was sequestered, and an inspection of the car revealed the presence of 3 receipts for the rental of two storage units at the company Flexbox Self Storage, route du Nant-d'Avril 40 in 1214 Vernier, in the name of a conservator in Chanoy. 

Both the driver and Roben Dib were released after questioning around 2:00 AM the following morning, while on or around that same time surveillance footage of the storage warehouse listed on the receipts found in the car captured Ali Aboutaam’s wife, Biljana Aboutaam, the family's chauffeur and a housekeeper participating “several movements of merchandise".  Predicated on the foregoing, Swiss Customs Administration developed a “strong suspicion” that the warehouse was being used to store illegally imported art and antiquities. 

As is publicly now known, Roben Dib is the business partner of Hamburg-based dealer of Egyptian art Serop Simonian.  Dib was arrested in Hamburg by German police on suspicion of art trafficking in August 2020 and released after only five weeks behind bars.  

Subject to a European Arrest Warrant, Dib was then rearrested in Paris, France on 22 March 2022 after traveling there to discuss charges related to dealing in illegally trafficked Egyptian antiquities with French authorities.  

Both Dib and Simonian have been tied to million dollar illicit antiquities which have made their way (illegally) into the Metropolitan Museum of Art, the Louvre Abu Dhabi, and museum and private collections throughout the world on the basis of false provenance documentation, a subject which has been covered with frequency on this blog.  

In January 2016, a 3rd millennium BCE, alabaster plaque was displayed at the European art fair BRAFA after first passing through Port Franc, the free port of Geneva to Inanna Art Services, a subsidiary of Phoenix Ancient Art.  This artefact, according to a qualified Syrian archaeologist, likely came from the ancient Mesopotamian city of Mari.  This artefact was confiscated following an inspection operation, carried out by the Belgian Federal Public Service Economy (French: SPF Économie, Dutch: FOD Economie) along with a marble table in the context of a suspicion of illicit trafficking in antiquities. 

The plaque was first identified in the Aboutaam's Phoenix Ancient Art 2012 - Crystal IV catalogue, which listed the 39.5 cm 3rd millennium BCE plaque with an image of ritual worship as having a provenance of: 

implying that the artefact may have come from the Beirut dealer Elias (Elie) Bustros, purportedly active from at least the 1930s through by some records the 1980s.   

It should be noted that in addition to its Ottoman Empire laws an antiquities, the Syrian Republic's Antiquities Law, Decree No. 222, was enacted in 1963.  That law vested ownership of all antiquities in the State and prohibited the sale or transfer of antiquities without governmental approval. 

This is not, however, the only incidence where "Ex-Elie Bustros Collection" has been used in connection with an artefact handled by Phoenix Ancient Art.

A Bronze Portrait of a Man, in the Toledo Museum of Art, with accession number: 1986.26 was donated in 1986 with similar provenance:

Selim Dere is the owner of a New York antiquities gallery, Fortuna Fine Arts where Manhattan authorities executed a seizure warrant in June 2018. Erdal Dere (the son of Aysel Dere and Selim Dere), was indicted in the US indicted in relation to a conspiracy to defraud buyers and brokers in the antiquities market with the use of false provenance documentation. 

The Belgian identifications resulted in a separate four-year investigation overseen by the Belgian federal prosecutor's office into the activities of the Aboutaam brothers, who opened a branch of Phoenix Ancient Art in the city of Brussel's Sablon in 2017.  This branch was subject to police raids in 2019 ordered by Judge Michael Claise. 

By June 2021, a Lebanese intermediary of Phoenix Ancient Art had already been condemned by the Geneva public prosecutor for having imported archaeological objects looted in the Middle East.  This individual was identified as having travelled to Geneva four or five times a year, for four years, to deliver ancient objects to Ali Aboutaam. Arrested in Romania, he was extradited at the request of the Geneva public prosecutor's office.

That same year, in November 2021, Ali Aboutaam was handed a 1.6 million francs fine via Swiss customs, including the costs of the proceedings. The tax authorities came after the dealer in this instance for having imported 37 million francs worth of antiquities into Switzerland between 2010 and 2017 without paying the applicable VAT. 

Which brings us back to the present, the Swiss indictment, accepted by Ali Aboutaam within the framework of a simplified procedure, acknowledges the following, verbatim:

In another section of the indictment, Aboutaam agrees that the falsification  of provenance documentation was done to launder the artworks, giving them: 

The mention of Tanis is significant.  It helps conceptualise the range of years where this shell company has been linked to questionable transactions and laundered antiquities.  In 13 December 2003 Hicham Aboutaam, Ali's brother, was arrested in the United States and charged with smuggling the silver ceremonial drinking vessel known as a rhyton into the United States from Iran and falsely claiming that it came from Syria.  That 2003 government complaint identified the gallery’s affiliate office in New York as "the Bloomfield Collection" and informed that the invoice for the artefact, declaring Syria as country of origin was issued by Tanis Antiquities, Ltd.  

Tanis Antiquities, Ltd comes up again very recently in the ongoing important French investigation involving materials sold to the Louvre Abu Dhabi.  As reported by the French newspaper Liberation, French investigators discovered that Jean-François Charnier's sister, Marie-Christine Charnier, had received money from the Aboutaam family via an account opened in a Moroccan bank, paid from the offshore structure controlled by the merchants, again, Tanis Antiquities Ltd., based in Saint Vincent and the Grenadines.  

The legal representative for Tanis Antiquities Ltd is, a Canadian citizen, of Lebanese origin, resident of Geneva, Ali Aboutaam.

I will close this article by mentioning that this is not the first occasion where the Aboutaam family, or Ali personally, has had run ins with legal authorities for their involvement  in the circulation of suspect artefacts originating from varying jurisdictions regarding trafficked objects from the Middle East.  In April 2004 Ali Aboutaam was tried in absentia in an Egyptian court and pronounced guilty and sentenced in absentia to 15 years in prison in a long-running trafficking ring that had smuggled Egyptian artefacts through Switzerland to Western dealers and galleries.  That investigation resulted in the convictions of 25 defendants, including several high-ranking Egyptian police and government officials and nine foreigners. 

In December 2010, Swiss Federal Customs Administration authorities, acting under new customs legislation to combat trafficking in works of art, requested access to the inventory of Phoenix Ancient Art SA., a major supplier of museum-quality antiquities, which stores ancient works of art at the Ports Francs et Entrepôts de Genève, a freeport located in a sprawling grey industrial building on the corner of a busy junction in southwest Geneva. 

For more information about freeports as a tax free haven to store art, please see a few of ARCA's earlier blog posts here, here, and here. 

At the time of the audit, authorities inspected the holdings of both Phoenix Ancient Art and its warehouseman and freight forwarder, Inanna Art Services.  During this inspection, Swiss authorities discovered, but didn't physically seize, a 1-2 ton, 150-180 CE Roman sarcophagus which depicted the twelve labours of the ancient Greek war deity, Hercules. According to customs information on file for the antiquity, the sarcophagus was imported into Switzerland in the name of Phoenix Ancient Art, which often used Inanna Art Services to store its goods or to transport works of art to and from other countries. 

This extraordinary ancient funerary object, likely only one of four of this significant quality documented in the ancient art world, had little in the way of detailed provenance.  For a piece of its quality to have nothing tying it to a previously known ancient art collection; no notations of its discovery or find spot, and nothing notable in the way of published scholarly examination of its style and iconography, rang alarm bells in Switzerland. 

In a recent video, with Al Jazeera news, Ali Aboutaam claimed that the ancient funerary object had been purchased by his father and had been in their family for 25 years. While under their control, he indicated that the sarcophagus had always been stored at the Geneva freeport aside from when it was shipped to the UK for conservation treatment.   Ali Aboutam added that in 2010 the object was sold to the Gandur Foundation as a donation to the Musée d’Art ed d’Histoire in Geneva and according to Phoenix Ancient Art's attorney Bastien Geiger, Sleiman Aboutaam purchased the object in the early 90s.

Phoenix Ancient Art had proposed the sarcophagus to billionaire Swiss tycoon and commodities trader, Jean-Claude Gandur in the spring of 2010 for an estimated $1 - 4 million saying that the firm was acting on behalf of a third party whom they interestingly refused to disclose.  Gandur, who made a fortune during the 1990s buying oil concessions in Africa, has long been a powerful collector of ancient art, as well as a long term patron of the Musée d’Art et d’histoire in Geneva. 

In consideration of the donation, Marc-André Haldimann, head of the archaeology department of the Musée d’Art ed d’Histoire of Geneva and the director of the museum, Jean-Yves Marin, went to the freeport and inspected the sarcophagus to carry out an appraisal for consideration.  The pair however remained highly skeptical of the lack of established information on the ancient sarcophagus, which implied possible illicit origins.  

How could such a prestigious object emerge on the ancient art market having never been talked or written about previously?   

Wouldn't the archaeologist who discovered such a masterpiece have mentioned this spectacular find in his or her field notes?  

Wouldn't a scholar of some repute have compared it in an academic article with the other known artworks by the same signatory group of sculptures or other sarcophagi depicting Hercules?

The only documentation Phoenix Ancient Art produced which attested to the fundamental question of this exceptional object's past, were independently established statements attesting that the ancient work of art was part of the Aboutaam collection from 2002 onward and a certificate from Art Loss Register attesting the object had been checked against ALR's known stolen art database registry.  Ultimately the sale to the Gandur Foundation was cancelled, in no small part because of suspicions that the object had been smuggled out of its source country. 

In March 2011, the Specialized Body for the International Transfer of Cultural Property at the Swiss Federal Office of Culture (FOC) issued a statement that they believed the sarcophagus had originated from the general area of the famous marble quarries of Dokimion in Phrygia, the present day Antalya region of Turkey. The Dokimeian white marble sarcophagus was likely sculpted sometime during the the second century, when the area was under Roman rule. 

Based on the FOC's examination, Swiss authorities alerted their counterparts in Ankara, and Turkey in turn, issued a demand for the restitution of the rare antiquarian work by a letter rogatory of July 2011. Turkey also sent a request for mutual assistance to the Geneva court and an inquiry was formally opened in Switzerland to look into alleged violations of the Cultural Property Transfer Act (LTBC).  This act requires art market professionals keep a register for 30 years, in which the "origin of the cultural property" is to be documented. 

In order for the sarcophagus to have been in good standing in Switzerland under the LTBC, the dealers would be obliged to prove that the acquired object was in an old collection outside the source country prior to 2005 or to demonstrate that the object was not stolen or exported illicitly after 2005.

In October 2013, the case made its way through Swiss court. The Geneva Chief Public Prosecution Office and the Chief Public Prosecutor of Antalya conducted a comprehensive joint study with the Swiss magistrate in charge of the case traveling to Antalya, Turkey where Turkish Public Prosecutor Osman Şanal provided access to witnesses.   

Testimonies were heard from Professor Haluk Abbasoğlu and Professor İnci Deleman who conducted excavations in the region where the sarcophagus was illegally excavated.   The Swiss prosecutor also met with an unnamed imprisoned smuggler serving time on a separate smuggling charge in Elmalı prison.  This smuggler allegedly confirmed that the artifact had been looted and smuggled out of Turkey. 

Based on the evidence gathered, on September 21, 2015 Swiss authorities ordered the repatriation of the sarcophagus. But international legal proceedings move at a snail’s pace and the return of this one object, approved by the Geneva Court of Justice on May 2, 2016, was slowed again, due to a challenge by the Swiss Federal Court. 

As stated in a press conference today, March 24, 2016, this objection has been withdrawn and with it comes the withdrawal of the appeal.  This means the object's mandatory return has been made final, paving the way for the sarcophagus to finally be repatriated to Turkey. 

More on the dealers involved in this repatriation case.

Phoenix Ancient Art operates a gallery in New York city as well as in Geneva Switzerland.  Founded by Sleiman Aboutaam in 1968, the firm was incorporated in 1995.  The second-generation family business is now managed by Sleiman's sons, Hicham Aboutaam and Ali Aboutaam, who took over the firm's operation after Sleiman’s death in 1998.  The firm has been embroiled in a significant number of antiquities-related controversies. 

A sampling (not a complete listing) of other instances of concern involving this firm include:

A third-century CE South Arabian alabaster stele the brothers attempted to sell in May 2002 via Sotheby’s auction house in New York for approximately $20,000 to $30,000 in which they listed the provenance for the piece as having belonged to a private English collection. Sotheby's researchers conducting due diligence before the auction found published photographs of the stele indicating that this tablet, carved in low relief, with an image of the fertility goddess Dat-Hamin, had been stolen in July 1994 from the Aden Museum in Yemen's port city during the country's previous war.  This object was forfeited to the U.S. government in December 2003 and eventually returned to Yemen.  

Hicham Aboutaam was arrested in 2003 for smuggling a looted ceremonial drinking vessel from Iran into the US, claiming that it had come from Syria.  Hicham pled guilty to the charges in 2004, paid a fine, and the vessel was returned to the Iranian authorities.  Hicham Aboutaam stated that his conviction stemmed from a "lapse in judgment."

The Egyptian authorities have accused Ali Aboutaam of involvement with Tarek El-Suesy (al-Seweissi), who was arrested in 2003 under Egypt’s patrimony law for illegal export of antiquities. Ali Aboutaam was tried in absentia, pronounced guilty and was fined, and sentenced to 15 years in prison in the Egyptian court in April 2004.  To date, he has not served any of the Egyptian sentence. 

The Aboutaams voluntarily repatriated 251 Antiquities valued at $2.7 Million to the State of Italy in May 2009 tied to one of Italy's most notorious smuggling rings.

Advice on collecting ancient art

ARCA encourages its readers to remember that the only way to avoid looting is to pressure dealers and collectors to not participate directly or indirectly in looting through their sourcing and purchases.  Collectors of ancient art are only the most current stewards of objects with long and telling histories. The provenance, or ownership history of a piece of art is important and should detail strong proof that an object has come from a legitimately traded collection.  

Buying and trading in ancient works of art, without well documented collecting histories, simply for their beauty or for the purpose of rescuing them from countries in conflict, only encourages further looting and further laundering of smuggled illicit objects. 

ARCA strongly discourages collectors and museums from buying or accepting objects that cannot pass the 1970 test or which lack a legitimate export permit from the actual and correct country of the object's origin.

By: Lynda Albertson

Sometimes the repatriation of a looted object is a long time coming. 

Tuesday, April 18, 2017 the Cleveland Museum of Art and Italy's Ministero dei Beni e delle Attività Culturali e del Turismo - MiBACT announced with great public fanfare and press releases that an agreement had finally been reached for the transfer of a marble portrait head representing Drusus Minor (Drusus Julius Caesar, 13 B.C.E.-C.E. 23) back to its country of origin.

The object was part of a group of sculptures excavated in the 1920s that had been displayed in the Civic Museum of Sessa Aurunca from 1926 until it went missing some 70+ years ago at the end of the Second World War.  It is speculated that the object was taken by military personnel, perhaps in search of war mementos.

When the museum first announced the object's acquisition in 2012 they made no mention of who the marble head was purchased from, nor what the purchase price was.  

Seeking to establish an exception to the AAMD's Guidelines on the Acquisition of Archaeological Material and Ancient Art the cached version of the now removed AAMD website object information page listed the object's details and collection history as follows:

Drafted by the the Association of Art Museum Directors and adopted by the AAMD member institutions in the US, Canada and Mexico, the AAMD guidelines, set standards by which member museums should conduct due diligence when acquiring archaeological material and ancient art.  These guidelines serve to discourage member museums from purchasing antiquities unless solid collection histories prove that the object was outside its country of probable modern discovery before 1970, or was legally exported from its probable country of modern discovery after 1970.

Filling in the gaps on one repatriated object's collection history 

Through the dedicated work of multiple researchers, archaeologists, and lawyers in Italy, France, the UK, the US and Poland, we know the following:

The French auction house's website recorded that the sculpture was sold as lot. 340 to an anonymous buyer at a Hôtel Drouot auction in Paris on September 29, 2004 for €324,000. 

The Cleveland Museum of Art acquired the ancient Roman portrait of the son of Emperor Tiberius 8 years later, from Phoenix Ancient Art, an antiquities dealer with galleries in Geneva and New York, whose has been discussed with recurring frequency on the Association's blog.

An image of the Drusus Minor bust graces the cover of the 2007 edition of the Phoenix Ancient Art catalog Imago, dedicated to four hundred years of Roman portraiture.  This cover photo can be seen in the screenshot taken from the dealer's eTiquities website below. 


It is unclear if the bust remained in the Aboutaam brothers' inventory from its 2004 purchase until its eventual purchase by the museum in 2012.

The museum's 2012 purchase was made possible from a credit line tapping the Leonard C. Hanna, Jr. Fund.  Iron, coal, and shipping magnate Leonard C. Hanna Jr. was an avid art collector, theatergoer, and patron of the arts. At his death, Hanna left a bequest of $34 million USD to the Cleveland Museum of Art making it the best-endowed art museum in the United States.  Income from the Hanna endowment fund is restricted to the purchase of art.

The black and white photos found in the Naples archives were taken in 1926. Contact find records of the documented measurements for the ancient marble head, also match records from the Cleveland museum's ancient art collection. 

In a still earlier Italian article, published before the museum's purchase, by the Italian Societá Nazionale di Scienze Lettere ed Arti Napoli, Volume LXXV 2008-2011,  Scarpati had already documented the find images, as well as site diagrams by Sergio Cascella whose documentation reconstructs the zone of the the excavation find spot, the theatre at Sessa Aurunca.

With all this documentation, transfer of the object by the Cleveland Museum of Art back to Italy was clearly the only appropriate resolution.

But will the museum will be reimbursed by Phoenix Ancient Art?

At the time of this article, William Griswold, the museum's director at the Cleveland Museum of Art declined to comment on whether his museum would be reimbursed by the Aboutaams. 

And if the museum is not reimbursed? 

According to a 2014 US government, there are upwards of 35,000 museums in America.  But how many museums employ dedicated provenance researchers to conduct research, to trace an object's history of ownership, and to clarify the circumstances surrounding the potential costly acquisition of an artwork or an antiquity with illicit or looted origins?

In 2016 Cleveland Museum of Art was named the second best museum in the U.S. by Business Insider magazine, just one step behind the Metropolitan Museum of Art in New York City. Perhaps given the diplomatically touchy nature of repatriating looted objects, which necessitates both parties drafting tedious carefully-agreed upon press releases about how wonderful one another is, museums might be wiser to invest in more personnel with solid provenance researching backgrounds to vet objects before their purchase.

In the long run, provenance researchers are cheaper than having to forfeit a pricey accessioned treasure, not to mention,  museum directors aren't subjected to those cheesy photo opportunities with cultural attachés wearing diplomatically-pasted-on grins.

“It is important that museums, libraries, archives and art dealers continue to be able to develop their collections. Nevertheless, they should ensure that their collections are built up in accordance with universally recognised moral principles. They must take precautions to ensure that they acquire or borrow only ethically acceptable items and reject items that might have been looted or illegally exported.”

Might be worthwhile to re-read this suggestion before signing a check for that new must-have acquisition.  Failure to engage in due diligence causes institutions like the Cleveland Museum of Art  to suffer at their own hands.

By:  Lynda Albertson

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

ARCA internal research data

July 6, 2017 Manhattan prosecutors initiated custody of a 2,300-year-old marble bull's head, that was on loan to the Metropolitan Museum of Art over suspicions that the antiquity had been pillaged from Lebanon.  In additional documents filed with New York’s Supreme Court on September 22, 2018 by Manhattan Assistant District Attorney Matthew Bogdanos, senior trail council in the office of New York County District Attorney Cyrus R. Vance Jr., New York authorities reconstruct the journey of this ancient sculpture from its theft during the Lebanese civil war through its passage in the hands of antiquities dealers well known to readers of this blog.

Damningly, the report further outlines the extreme lack of due diligence on the part of wealthy US collectors who purchased the stolen object for their collections despite the sculpture's alarming lack of legitimate pedigree.

The State of New York's 68-page Application for Turnover goes into painstaking detail on how this plundered antiquity made its way to the United States.  This entire document can be read here.
The bull's head sculpture was acquired by Lynda and William Beierwaltes on November 27, 1996 for US$1.2 million from one of the (now) most notorious dealers in the antiquities world, Robin Symes.

Art Dealer Robin Symes

It is worth noting in relation to the bull's head that according to Bogdanos' Application for Turnover, the bulk of the Beierwaltes' substantial collection had been sourced through Symes and his partner.  Also of note, it wasn't long after Symes' January 2005 sentencing that the Colorado couple elected to contact Hicham Aboutaam and his brother Ali about the possibility of their firm, Phoenix Ancient Art, acting as their agents in the sale of objects from their collection originally acquired through Symes.

After the Aboutaam's appraisal, the couple elected to consign the marble sculpture and other objects to Phoenix Ancient Art where the brothers' firm would act as the Beierwaltes' exclusive dealer. In 2010, the Aboutaams then brokered the sale of the bull's head to Michael Steinhardt and Steinhardt shortly thereafter, finalized the loan to the Metropolitan Museum of Art.

After learning that the object was to be subject to seizure, Steinhardt then prssured the Beierwaltes to take back the object and compensate him for his losses.

If it seems too good to be true, it probably is.

In their pursuit of the rare and beautiful, both Steinhardt and the Beierwaltes are not amateurs when it comes to collecting ancient art. Both have amassed million dollar collections and both should have been able to recognise the material consequences of the illicit trade in providing material for the market.  Furthermore, the limited collection documentation associated with these objects should have raised further red flags.  With such a spartan amount of documentation, both collectors should have walked away from the object doubting its legitimacy on the licit market.  Yet neither collector put much, if any, emphasis on rigorously researching the provenance of the object prior to its acquisition.

In the case of the Beierwaltes it also seems possible that the couple, having learned of Syme's problems with the law, established a consignor/consignee relationship with Phoenix Ancient Art and the Aboutaams in order to recoup a portion of their their financial investment once they came to see the associated liability of having a $95 million collection sourced by, and purchased through, Robin Symes.

Image Credits: Left - Symes Archive, Middle - New York DA, Right - Symes Archiv,

Earlier today ARCA was informed by Christos Tsirogiannis of matches that he has made from the confiscated archives of Medici, Becchina and Symes-Michaelides which are related to the recent antiquities seizures made by the state of New York law enforcement authorities earlier this month.

Identifications made from these archives, confiscated by the Italian authorities (with the cooperation of the French and Swiss) and Greek police and judicial authorities, have already facilitated numerous repatriations of antiquities which have passed through the hands of traffickers whose networks are known to have plundered objects from Italy and Greece.

Of the 16 artifacts reported as seized by the Manhattan District Attorney's Office from the home and office of retired hedge-fund billionaire Michael Steinhardt and Phoenix Ancient Art, an ancient art gallery co-owned by Hicham Aboutaam in New York City, Tsirogiannis has tied 9 objects conclusively to photos in all three archives.  Several others objects might be a match, but the DA's publically released photos have been taken from differing angels or opposite sides of the objects so they remain to be confirmed.

The object at the top of this article, a Greek Attic Monumental White-Ground Lekythos used to pour ritual oils at funeral ceremonies, seized from Michael Steinhardt's property,  matches 5 images from the archive of British former antiquities dealer Robin Symes, all of which depict the vessel from various sides.

The Proto - Corinthian pottery figural representing an owl;
the Corinthian terracotta figural vessel representing a lion;
the Corinthian Bull’s Head;
the Ionian sculpture figural representing a ram’s head;
and the Attic Aryballos in the form of a Head of an African;
--were each purchased by Steinhardt in either 2009 or 2011.

These 5 objects along with the Rhodian Seated Monkey seized at Phoenix Ancient Art each match photographs found in the archive of antiquities dealer Giacomo Medici.

The Apulian Rhyton for libations in the form of a Head of an African listed in the warrant appears in a photocopied photo in the archive of antiquities dealer Gianfranco Becchina.

It should be noted that in the joined composite image of the archive photos above, each of the six antiquities have been photographed by someone using the same light-colored hessian (burlap) material as a neutral background.  This could indicate that the antiquities where photographed by a singular individual once the objects arrived under Medici's control. Alternatively, it could mean that the ancient objects have been photographed by a singular individual who then shopped the objects, directly or indirectly, through illicit channels to Medici, who in turn, kept the photographs in his archive as part of his inventory recordkeeping.

As demonstrated by this case, each of these dealer's inventory photos provide valuable insight into the illicit trade in antiquities and which when combined, includes thousands of ancient objects from all over the world.  Many of these objects, those without documented collection histories, likely passed through the hands of smugglers, middlemen, and antiquities dealers who "laundered” the illicit objects onto the licit market.

It would be interesting to know, from the antiquities buyer's perspective, how many private investors of ancient art, having knowingly or unknowingly purchased illicit antiquities in the past, later decide to facilitate a second round of laundering themselves, by culling the object from their collection and reselling the hot object on to another collector.  By intentionally failing to disclose the name of a known tainted dealer, these antiquities collectors avoid having to take any responsibility for the fact that they too have now become players in the game.

While staying mum further facilitates the laundering of illicit antiquities, this option may be seen as far easier to collectors who have invested large sums into their collections than admitting they purchased something, unwisely or intentionally, with a less than pristine provenance pedigree.  To admit to having bought something that potentially could be looted might bring about the loss of value to the asset.  Furthermore by confirming that the antiquity has an illicit background as verified in archives like those of these traffickers, would then render the object worthless on the licit art market.  Worse still, it is likely that their antiquity would then be subject to seizure and repatriation.

By: Lynda Albertson

Copy of search warrant executed at Phoenix Ancient Art in New York can be viewed here.

On Friday, January 5, 2018, Manhattan district attorney, Cyrus R. Vance Jr., and assistant district attorney Matthew Bogdanos also initiated seizures at Phoenix Ancient Art, New York, in connection with an investigation into the purchase of illicitly trafficked antiquities.

The second-generation family business Phoenix Ancient Art has galleries in New York and Geneva. The business was founded by Sleiman Aboutaam in 1968 and is now operated by his sons, Hicham and Ali Aboutaam.  The Aboutaam name comes up frequently on ARCA's blog. 

The search warrants executed at 47 East 66th street resulted in the seizure of the following objects:


A) Rhodian Seated Monkey with missing arms (the “Seated Monkey”)
Period: dating to 580-550 BCE
Measurement: 5.25 inches tall
Valued at: $150,000


B) Attic Female Head Flask (the Female Head Flask”)
Period: dating to 500-490 BCE
Measurement: 5.5 inches tall by 2 inches wide.
Valued at: $80,000

C) Ionian figural vessel representing a Siren (the”Siren Vessel”)
Period: dating to 500-525 BCE
Measurement: 4 inches tall by 4.5 inches wide.
Valued at: $35,000


D) Teano Ware figural representing a Dove (the “Dove”).
Period: dating to 330-300 BCE
Measurement: 4.5 inches tall by 2.5 inches wide.
Valued at: $25,000


E) Corinthian figural representing a Ram (the “Ram”) painted with black dots.
Period: dating to the 6th century BCE
Measurement: 2 1/8 inches tall by 3 1/8 inches wide
Valued at: $20,000


F) Corinthian figural representing a Sea-Serpent with a human torso and head of a man (the “Sea-Serpent”) painted with black dots.
Period: dating to the 6th century BCE
Measurement: 4.5 inches tall by 1.75 inches wide
Valued at: $140,000

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.

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.

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.

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.

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.