This 12-page complaint filed in Manhattan Criminal Court, signed by Special Agent Brenton Easter of the Department of Homeland Security, lays out the charges against New York art dealer Nancy Wiener through her gallery Nancy Wiener Gallery.

The complaint is a textbook formula of how looted antiquities are laundered onto the licit art market through poor controls and a lack of ethics and transparency among the major players in the art market. 

The transcription below is the html version of the Court's PDF file version located here.

NOTE:

ARCA has elected to transcribe the document to make it searchable by future scholars conducting open source research on known traffickers.

Update:  15 August 2020:

NB: As details in parallel cases have been released publically by the courts several of the alleged co-conspirators have been identified publically.

Co-Conspirator #1 = Douglas Latchford
Co-Conspirator #2 = Emma Bunker
Co-Conspirator #3 = Neil Perry Smith. 

Page 1 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

Special Agent Brenton Easter, Shield 3014 of the Department of HomelandSecurity Investigations, states as follows: 

The defendant is charged with: 

1 PL 165.54 Criminal Possession of Stolen Property in the First Degree (defendant #1: 1 count) 

2 PL 165.52 Criminal Possession of Stolen Property in the Second Degree (defendant #1: 1 count) 

3 PL 105.10(1) Conspiracy in the Fourth Degree (defendant #1: 1 count) 

At the times and places described below in the County and State of New York, the defendant knowingly possessed stolen property with a value in excess of one million dollars with intent to benefit a person other than an owner of the property and to impede recovery by an owner thereof; the defendant knowingly possessed stolen property with a value in excess of 50,000 dollars with intent to benefit a person than an owner of the property and to impede recovery by an owner thereof; the defendant, with intent that conduct constituting a class B or C felony be performed, agreed with one or more persons to engage in and cause the performance of such conduct. 

The factual basis for these charges are as follows: 

Deponent, a Special Agent with DHS-HSI, states that since approximately 2007, he has been assigned to a squad responsible for investigating, among other things, money laundering, smuggling of contraband, art fraud, and the interstate sale and transportation of stolen cultural property. As a Special Agent, Deponent has led or joined teams of agents and officers in the execution of judicially-authorized search and arrest warrants seeking the arrest of individuals and recovery of property and evidence in connection with illegal importations and exportations, and with the interstate and foreign transportation and sale of stolen goods. 

Deponent states that, based on participation in this and other investigations, he is familiar

Page 2 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

with the facts and circumstances of this investigation through the following: personal participation; discussions with agents in DHS-HSI and other foreign and domestic law enforcement agencies; interviews of witnesses, including cooperating witnesses that he has worked with on this and other cases; and records and reports relating to, or generated from, this investigation. No attempt has been made to set forth the complete details of this investigation that include tens of thousands of emails, documents, and photographs recovered pursuant to more than fifty judicially authorized search warrants. Statements andfacts listed have been summarized for the specific purposes of this complaint. 

CONSPIRACY. Between at least 1999 and 2016, with intent that conduct constituting the crimes of Grand Larceny in the First and Second Degrees and Criminal Possession of Stolen Property in the First and Second Degrees be performed, the Defendant utilized her business, Nancy Wiener Gallery, 49 East 74th Street, New York County, to buy, smuggle, launder, and sell millions of dollars’ worth of antiquities stolen from Afghanistan, Cambodia, China, India, Pakistan, and Thailand. 

A. OBJECTIVES AND METHODS OF THE CONSPIRACY. Defendant and her co-conspirators have trafficked in illegal antiquities for decades. Transporting looted cultural property from the site of the theft to the ultimate buyer through intermediary countries in order to hide the true country of origin, Defendant used a laundering process that included restoration services to hide damage from illegal excavations, straw purchases at auction houses to create sham ownership histories, and the creation of false provenance to predate international laws of patrimony prohibiting the exportation of looted antiquities. 

B. OVERT ACTS. 

1. BAPHUON SHIVA. According to documents provided by informant #1, a dealer in illegal antiquities known to the District Attorney, there was an agreement between Defendant and an antiquities dealer based in London and Bangkok (“Co-Conspirator #1.”) to purchase and sell a Baphuon Shiva from Cambodia, dated to the 11th Century C.E., 39.5 inches high, depicting Shiva standing, and valued at $578,500. Exhibit A. 

Baphuon Shiva, Cambodia

According to emails seized pursuant to search warrants, Defendant and Co-Conspirator #1 bought the Baphuon Shiva in September 2008 “direct from a supplier, and not through a

Page 3 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

dealer” for $250,000. According to informants #1 and #2 (another dealer in looted antiquities known to the District Attorney), buying from a “supplier” is an indication of a looted antiquity. Co-Conspirator #1 then shipped the Baphuon Shiva to London to be “cleaned, put together, and mounted.” In my experience, and according to informants #1 and #2, looted antiquities need to be “cleaned” of tell-tale dirt and debris; “put together,” because stolen statues are often cut up into smaller pieces-called “orphans”-for ease of smuggling; and “mounted,” because stolen statues and reliefs are, often cut from their original pedestal or wall. 

According to seized documents, Defendant then consigned the Baphuon Shiva to Sotheby's New York, for its 2011 sale of “Indian and Southeast Asian Works of Art.” In May 2010, a Sotheby’s employee noted that the Baphuon Shiva had “cracks and joins dressed up with paint splatters to mask repairs.” In my experience, and according to informants #1 and #2, because shovels and picks are frequently used during the clandestine theft of antiquities, such damage is often a sign of looting. According to seized emails, Defendant told Sotheby's the statue had been purchased from antiquities dealer Spink & Son around 1968, but that she had no written proof. In my experience, and according to informants #1 and #2, misrepresenting the true provenance of an antiquity is essential for selling stolen items in the market, because false provenance prevents the items from being easily traced and enables ownership records to be falsified to predate the patrimony laws of the antiquity’s country of origin. Sotheby’s sold the Baphuon Shiva as lot 29 from its showroom at 1334 York Avenue, New York County on March 24, 2011, for $578,500. 

2. NAGA BUDDHA. In November 2011, Co-Conspirator #1 sold Defendant for $500,000 a stolen bronze Buddha from Thailand or Cambodia, dated to the 10th Century C.E., 17.75 inches high, depicting Buddha sitting on a throne of Naga (snake), with a market value of $1,500,000. Exhibit B. According to informant #2, the Naga Buddha came from the Khmer Empire-present-day Cambodia and parts of Thailand.

Buddha sitting on a Naga (snake) throne

According to seized emails, Defendant had earlier begun falsifying the Naga Buddha's provenance with Co-Conspirator #1 and Co-Conspirator #2 (who works as a research consultant for an American museum) by arranging for a photograph of the Naga Buddha to be published in a 2011 book. In my experience, and according to informants #1 and #2, publishing a photograph of a looted antiquity is a common laundering practice. In another

Page 4 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

email, Co-Conspirator #2 wrote that she had “changed” the provenance “a bit,” asking Co-Conspirator #1 if the changes were “okay.” Co-Conspirator #1 then emailed Defendant, seeking her approval. In another email, Co-Conspirator #1 told Defendant that he typically gave Co-Conspirator #2 bronze statues in exchange for false letters of provenance. 

In January 2016, Defendant shipped the Naga Buddha to a New York-based restorer (“Co-Conspirator #3”) for restoration, stating its value to be $850,000. In February 2016, Co-Conspirator #3 emailed Defendant a bill for the restoration, noting that the Naga Buddha appeared to have been struck by an agricultural tool, resulting in a jagged break - a sign of looting. Defendant displayed the Naga Buddha for sale for $1,500,000 in the Nancy Wiener Gallery until Deponent seized it pursuant to a warrant in March 2016. 

3. TWO SEATED BUDDHAS. In 1999, Defendant possessed, through her gallery, a stolen sandstone seated Buddha, from India, dated to the 1st-3rd Century C.E., 33 inches high and valued at $500,000 (“Seated Buddha #1"). Exhibit C. In 2000, Defendant sold the statue to Singapore’s Asian Civilisations Museum (“Singapore”) without any statement of provenance. Years later, when Singapore requested provenance, Defendant first claimed that Seated Buddha #1 had belonged to an unnamed European collection for at least 35 to 40 years, but then stated that the owner's father had acquired the piece in India. According to seized emails, Defendant then provided a third version: that the piece had belonged to Ian Donaldson, who purchased it when posted to Vietnam between 1964 and 1966. 

Pursuant to a search warrant executed at Sofia Bros. Storage, in New York County, a storage facility rented by separately charged defendant Subhash Kapoor (“Kapoor”) for his business, Art of the Past, Deponent discovered an unlabeled computer disc containing a folder titled “Shantoo.” According to a former employee of Kapoor, “Shantoo” is the nickname of Ranjeet Kanwar, one of Kapoor's main suppliers of stolen antiquities from India. The disc contained three pictures of Seated Buddha #1; in one, dated “92 11 8,” the statue appearsstill wet as it lay on a dirty floor in front of a makeshift black backdrop. Exhibit D. According to informant #2 and seized documents, Defendant purchased Seated Buddha #1 from Vaman Ghiya, a long-time supplier from India who often used Shantoo to sell his looted antiquities. 

According to informant #2 and seized documents, Defendant also acquired a second stolen

Page 5 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

seated Buddha (“Seated Buddha #2”) from Ghiya, possessing it through her gallery until she sold it to the National Gallery of Australia (“Australia”), in Canberra, Australia, in 2007 for $1,080,000. Exhibit E. In May 2006, Defendant told an employee of the NGA that she had purchased Seated Buddha #2 in 2000, “but knew of it several years prior to that,” and that “[i]t was originally purchased in Hong Kong by an Englishman posted there between1964-66.” When asked for proof, Defendant again used the name Ian Donaldson. Thus, for Australia, she claimed Ian Donaldson had been posted to Hong Kong between 1964-66, despite the fact that she told Singapore Ian Donaldson “was posted to Vietnam.” between 1964–66. 

4. KRISHNA. Pursuant to a search warrant executed at Kapoor's gallery at 1242 Madison Ave, in New York County, Deponent discovered a computer with an e-file entitled “travel.” A subfolder entitled “05 10 India” contained pictures of cultural property Kapoor purchased in India in October 2005 and later smuggled to New York. Some of these pictures depict Krishna Dancing on Kaliya (cobra) from Tamil Nadu, India, dating from the Chola Period (11th-12th Century). Exhibits F-G. In the pictures, the statue was still encrusted with dirt - in my experience, and according to informants #1 and #2, this indicates recent looting. 

According to informant #2, Kapoor purchased the Krishna in India and smuggled it to NewYork hidden in a shipment of legal handicrafts - in my experience, this is a common practice to evade U.S. Customs. According to a document recovered from Kapoor's computer, Kapoor sent the statue in June 2006 to a U.K. -based restorer (“Co-Conspirator #4”) for restoration to hide the signs of looting. According to informant #2 and seized emails, Co-Conspirator #1 - who frequently used Co-Conspirator #4 to clean and restore stolen cultural property - saw the Krishna during restoration and bought it. Another document on Kapoor's computer records the sale to Co-Conspirator #1 for “650,000.00” on “30-Aug.” 

According to seized emails, in June 2011, Co-Conspirator #1 emailed Defendant pre- and post-restoration pictures of the stolen Krishna, and requested that Defendant prepare an appraisal to assist in the future sale of the statue. According to a document on her computer, “Asian treasures Final v4,” Defendant provided an appraisal for $3,500,000. 

4. DORIS WIENER COLLECTION. According to documents on Defendant’s computer, upon Doris Wiener's death in April 2011, antiquities that had been owned by Doris Wiener

Page 6 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

Gallery in New York County were transferred to the estate of Doris Wiener, of which Defendant was co-executor. According to informant #1, Defendant removed all records of where, when, from whom, and for how much each piece was acquired (filling multiple file cabinets) and later told informant #1 that the records no longer existed. 

According to seized emails, Defendant contacted Sotheby's New York to sell the collection, but could not provide documentation that the antiquities had been removed from their countries of origin prior to each country’s patrimony laws. According to Tess Davis, an expert in the laws of patrimony, those years are 1980 for Afghanistan, 1900 for Cambodia, 1982 for China, 1972 for India, 1956 for Nepal, 1975 for Pakistan, and 1961 for Thailand. 

According to seized emails, Defendant instead consigned the collection to Christie's New York, because their policy requires only that an antiquity have been out of its country of origin prior to 2000 (or 1999 for Cambodia), regardless of that country’s patrimony law. In November 2011, Christie's requested provenance information for the “top 20 lots” of the sale, and Defendant provided a document, “Provenance and Country of Origin Details,” that contained false provenance. According to that document, of the 380 lots in the collection, ten came from Spink & Son (an antiquities dealer Defendant had falsely listed as provenance for other stolen antiquities); and four were originally owned by Doris Wiener (who had consigned them for auction to Sotheby’s or Christie's and then reacquired them - in my experience, and according to informants #1 and #2, this type of straw purchase is a common laundering tactic to create a false ownership history). Of the remaining 366 lots, eight were listed with an ownership history prior to Doris Wiener. Six of those eight listed Sotheby’s or Christie's, one listed a “member of the Diplomatic Corps,” and one listed an actual name. For the 380 lots, then, Defendant provided the name of an owner prior to Doris Wiener (other than Spink & Son) for one lot. Christie's offered all 380 lots for sale from its showroom at 20 Rockefeller Plaza, New York County, on March 20, 2012, resulting in a total sale of $12,796,437. 

This portion of the conspiracy utilized the following trafficking networks: 

a. OM SHARMA NETWORK. According to seized emails and informants #1 and #2, Om Sharma is a supplier of illicit antiquities from India. Beginning in 2008, Doris Wiener had a series of email exchanges with Sharma about buying a stolen red sandstone figure, from

Page 7 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

India, dated to the 12th Century C.E., 26 inches high, depicting a Jain goddess, and valued at $74,500. According to these emails, Doris Wiener had seen the Jain Goddess still wet and pre-restoration-signs of looting. Exhibits H-J. She bought the statue in 2009, wiring the money to Hong Kong, and smuggled the piece to her New York gallery. 

This Jain Goddess was one of the pieces consigned by Defendant to Christie's (lot 48) for its sale of March 20, 2012. According to seized emails, Defendant falsely claimed to Christie's that the Jain Goddess had been in a private collection in London dating back to the 1980s, before her mother acquired it in New York in 2009. It sold for $74,500. 

b. SHAROD SINGH NETWORK. According to informants #1 and #2, Sharod Singh is a supplier of illicit antiquities from India. According to emails and records provided by informant #1, Doris Wiener in 2002 bought a looted red sandstone relief (“Red Sandstone Couple”), from India, dated to the 1st–2nd Century C.E., and valued at $150,000. Exhibit K. Doris Wiener then smuggled the relief into the United States via Kurt Anderson, Inc., a corporation owned by her to facilitate the importation of looted antiquities. Her 2007 Kurt Anderson account ledger lists a red sandstone couple as line #49, “Sharod Singh Seated Stones (3) Partnership with Nancy, S1044-S1047, $150,000.00.” 

This Red Sandstone Couple was one of the pieces Defendant consigned to Christie's (lot 22) for its sale of March 20, 2012. According to seized emails, Defendant first told Christie's that her mother had acquired the relief “in London in the late 1990’s.” During a recorded conversation after the sale, Defendant admitted using a surrogate to purchase the statue for herself at auction—a tactic often used to launder the statue and later sell it at a higher price as a previously “published” piece. According to recovered documents, and to complete the laundering process, Defendant then changed the provenance to “the 1970s,” and received a certificate from the Art Loss Register. In March of 2016, informant #3, another dealer in illegal antiquities, saw the Red Sandstone Couple at the Nancy Wiener Gallery. Defendant offered the relief for sale, using a third provenance: that it had been in her mother's collection since 1992. As proof of its legitimacy, Defendant noted its publication in a catalogue as part of her mother's estate sale at Christie's in 2012. 

According to seized documents, Defendant also consigned to Christie's four other pieces from her mother's collection that had come from the Singh Network (lots 23, 24, 47, and

Page 8 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

67). In total, three of these five pieces sold at Christie's on March 20, 2012, for $70,000.00. 

c. VAMAN GHIYA NETWORK. In August 1992, Defendant sent a fax document to the supplier Vaman Ghiya (listed above), requesting that he “[p]lease call Nancy Wiener at the Hotel Storchen in Zurich immediately.” That same year, according to seized documents and informant #1, Doris Wiener bought a stolen mottled red sandstone relief depicting a Bacchanalian scene, dated to the 2nd Century C.E., 25 1/2 inches high, and valued at $180,000, from Ghiya in India. Exhibit L. This relief was consigned by Defendant to Christie's (lot 20) for its sale of March 20, 2012. According to seized documents, Defendant falsely claimed that her mother had acquired it from a private collection in London. 

According to seized emails and documents, Defendant consigned to Christie's five other pieces from her mother's collection that had come from the Ghiya Network (lots 20, 21, 27, 45, 49, 55). For two of the consigned statues (lot 49 - Exhibit M and lot 55 - Exhibit O), there were pictures in the Shantoo (Ranjeet Kanwar) file on Kapoor's computer showing the pieces still in situ. Exhibits N and P.  Five of these six pieces sold at Christie's on March 20, 2012, for $478,750.

d. THE HIMALAYAN NETWORK. According to seized documents and informant #2, Co-Conspirator #5 is an antiquities smuggler of Tibetan descent based in Nepal and Hong Kong who was in frequent email contact with Defendant about illicit pieces from Nepal. According to informant #1, in 2002, Co-Conspirator #5 sold Doris Wiener a silver-inlaid gilt bronze figure of Avalokiteshvara from Northeastern India or Western Tibet (China), dated to 10th-11th C.E., and valued at $812,500. Exhibit Q. This Avalokiteshvara was one of the pieces consigned by Defendant to Christie's (lot 87) for its sale of March 20, 2012. According to seized emails, Defendant falsely claimed to Christie's that her mother had acquired the relief from a “private collection, Europe, early 1990’s.” During a recorded conversation in March 2016, Co-Conspirator #5 was asked if the provenance in the Christie's catalogue provided by Defendant for the “Silver-inlaid Gilt Bronze Figure of Avalokiteshvara,” was accurate. Co-Conspirator #5 laughed and said defendant knew that he had acquired the statue from Tibet and sold it to Doris Wiener. This statue sold at Christie's on March 20, 2012, for $812,500. 

e. THE GANDHARAN NETWORK. According to informant #2, Co-Conspirator #6 and

Page 9 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

his father are suppliers of illicit cultural property from primarily Afghanistan and Pakistan. According to several recorded conversations, Co-Conspirator #6 has been shipping large quantities of newly dug-up, stolen antiquities from Afghanistan and Pakistan to Thailand, often via Hong Kong, and then to dealers from around the world for more than a decade. 

According to seized sales invoices, Doris Wiener purchased 14 stolen antiquities in January 2011 from Co-Conspirator #6, including a gray schist relief Buddha receiving a golden bowl, a gray schist relief Buddha receiving the sheaf of grass, a gray schist relief Buddha and the devotees, all dated to 2nd-3rd Century, all between 17–20 inches high, all from Afghanistanor Pakistan, and valued at a total of $32,000. Exhibits R-T. According to informant #1, who saw the artifacts upon their arrival in New York from Asia, they were unrestored, unmounted and/or without bases - classic signs of looting. These reliefs were consigned by Defendant to Christie's (lots 1, 2, 3) for its sale of March 20, 2012.

According to seized documents, Defendant consigned to Christie's six other pieces that had come from Co-Conspirator #6 or his father (lots 5, 7, 14, 16, 18, and 38) for the sale. For six of the nine pieces, Defendant falsely claimed that her mother had acquired the pieces from a “Private Collector, Thailand, mid-1980s or earlier” (lots 1, 2, 3, 5, 7, 18). According to informant #2, that provenance was false because the “private collector” was Co-Conspirator #6, who in the mid-1980s was a child living in Pakistan and England. According to seized documents, for two of the three remaining pieces, Christie's altered the provenance, changing Defendant’s “by late 1990s” to “by late 1980s” for lot 14 and changing “2011” to“by 1996” for lot 7. On March 20, 2012, eight of these nine pieces sold at Christie's for $196,500. 

CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE: NAGA BUDDHA. As noted above, in November 2011, Co-Conspirator #1 sold to Defendant for $500,000 a stolen bronze Buddha depicting Buddha sitting on a throne of Naga (snake), from Thailand or Cambodia, dated to the 10th Century C.E., 17.75 inches high. Exhibit B. Defendant displayed the Naga Buddha for sale for its market value of $1,500,000 in her gallery, until it was seized pursuant to a warrant in March 2016. 

CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE: THE APSARA MARBLES. From on or about September 2010 to on or about at least

Page 10 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

March 2016, Defendant possessed a stolen marble Apsara ceiling panel depicting a female figure (“Apsara Marble”), from India, dated to the 10th Century A.D., 44 inches tall, and valued at $500,000. According to theft reports prepared by the Archaeological Survey of India (“ASI”) and filed with Interpol, a total of six celestial marble statutes were stolen from the ceiling of the Toos temple in India between November 2009 and September 2010. Exhibits U-V. According to seized emails, in September and October 2010, Defendant received several emails about the theft of the Apsara Marbles as well as pictures of the stolen statues. A month earlier, in August 2010, “Victor” had emailed Doris and Nancy Wiener separately to offer one of the Apsara Marbles, attaching pictures of the dirty, unrestored sculpture on the ground with what appeared to be cut marks. Exhibit W. According to informants #1 and #2, “Victor” is the email pseudonym for Om and Badal Sharma (see paragraph 5a above). According to a recorded conversation of a former employee of the Nancy Wiener Gallery, this Apsara Marble arrived at the Gallery around the same time as this string of emails, and then Defendant sent it to Co-Conspirator #3 for restoration. According to emails and documents seized from Defendant’s computer, she was still in possession of the Apsara Marble in March 2016. 

Tess Davis, a member of the New York State Bar and affiliate of the Scottish Centre for Crime and Justice Research at the University of Glasgow, has conducted extensive field research on the illicit trade in Asian antiquities since 2004. 

Afghanistan. Ms. Davis is familiar with the cultural property laws of the Islamic Republic of Afghanistan, including the 1980 Law on Protection of Historical and Cultural Properties as modified in 2004, and the 1958 Code for the Protection of Antiquities. According to Ms. Davis, this legal regime protects cultural heritage, vesting its ownership in the state. 

Cambodia. Ms. Davis is familiar with Cambodian law governing cultural patrimony,including, inter alia, Arrété du Gouverneur Général de l'Indochine sur la conservation desmonuments et objets ayant un intérêt historique ou artistique du 9 mars 1900; Arrété relativeau classement, à la conservation et à la protection des monuments historiques des pays deprotectorat du 11 juillet 1925; 1968 Law on the Organization of Suppressing the Acts of Stealing, Receipt of Stolen Goods, and Destruction of Patrimony Relating to the National Heritage; 1992 Land Law; 1996 Law on the Protection of Cultural Heritage; and 2001 Land Law. According to Ms. Davis, this legal regime protects cultural heritage, vesting its

Page 11 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

ownership in the state. 

China. Ms. Davis is familiar with the cultural property laws of the People's Republic of China, which includes the Tibet Autonomous Region, including the Law on Protection of Cultural Relics (of 19 November 1982 as revised on 29 June 1991 and 28 October 2002). According to Ms. Davis, this and the country’s broader legal regime protects cultural heritage, vesting ownership of immoveable and moveable “cultural relics” in the state. 

India. Ms. Davis is familiar with the cultural patrimony laws of India, including theAntiquities and Art Treasures Act of 1972, along with the Antiquities and Art Treasures Rules, 1973 (updated January 2012), and the Ancient and Archaeological Sites and Remains Act of 1958 (updated in 2010). According to Ms. Davis, this legal regime protects culturalheritage, vesting its ownership in the state. 

Nepal. Ms. Davis is familiar with the cultural property laws of the Federal Democratic Republic of Nepal, including the Ancient Monuments Protection Act of 1956 as amended in1964, 1970, and 1994. According to Ms. Davis, this legal regime protects ancient monuments and archaeological objects, vesting its ownership in the state. 

Pakistan. Ms. Davis is familiar with the cultural property laws of the Islamic Republic of Pakistan, including the 1975 Antiquities Act (as amended in 1992), and its predecessors the Antiquities Act of 1968 and Ancient Monuments Preservation Act of 1904. According to Ms. Davis, this legal regime protects archaeological sites and objects, vesting the ownership of undiscovered antiquities in the state. 

Thailand. Ms. Davis is familiar with the cultural property laws of the Kingdom of Thailand, including the 1961 Act on Ancient Monuments, Antiquities, Objects of Art, and National Museums (as amended in 1992). According to Ms. Davis, this legal regime protects archaeological sites and objects, vesting its ownership in the state.

Page 12 of 12 

CRIMINAL COURT OF THE CITY OF NEW YORK 

COUNTY OF NEW YORK 

THE PEOPLE OF THE STATE OF NEW YORK FELONY 

-against- 

Nancy Wiener (F34), Defendant. 

Felony

ADA Matthew Bogdanos 

(212) 335-9323

False statements made in this written instrument are punishable as a class A misdemeanor pursuant to section 210.45 of the Penal Law, and as other crimes. 

Signed, Special Agent Brenton Easter 

Date December 21, 2016

Time: 11:40

When people query ARCA about why the world is not seeing more looted Syrian, Iraqi, Yemeni, and  Libyan antiquities on the market, given the continued unrest and looting in these countries, I usually respond resolutely with "it's just too soon."  I underscore this because I know there is a lot at stake, and I know that governments and the media want to be able to draw clearer lines between the world's current terrorist groups, organised crime and heritage looting.

Art can disappear and not resurface for decades after it was stolen and most art crime scholars will agree that the most valuable pieces are kept off the licit market by savvy traffickers and generally don't resurface until the world's interest is diverted, sometimes decades later.  

Case in point, this gazelle-skinned Kuwaiti manuscript.  Time to market? 26 years. 

Acting upon accurate information received by Iraqi security forces concerning a dealer of ancient manuscripts believed to be plying his clandestine trade in the Babil Governorate (also known as the Babylon Province ), law enforcement authorities formed a crime-fighting task force in the region south of Baghdad, hoping to catch the art criminal in the act. 

Under the command of Colonel Adham al-Salihi, director of the anticrime team in Babylon and in coordination with the National Security Directorate and the region's Economic Crimes Department, authorities subsequently arrested three people this week, both buyers and sellers, at a cafe in the city of Hilla.  Each has been accused of furthering the smuggling of antiquities.  In their possession was a historic manuscript, complete with the National Museum of Kuwait's seal on its reverse side.  Kuwaiti news reports state the object was stolen by a former soldier in the Iraqi army during the 1990 invasion of Kuwait, also known as the Iraq–Kuwait War.

Kuwaiti museum authorities are still looking for more than 450 objects looted during the conflict between Saddam Hussein’s Ba'athist government and the Emirate of Kuwait, objects that went missing during the seven-month-long Iraqi occupation of Kuwait. Many of these antiquities are feared lost forever, most likely sold illicitly, like the one recovered this week, when sold to private individuals in post-Saddam Iraq and elsewhere in the nearby Arab world. 

Rarely, do pieces like these turn up early on the Western powerhouse art markets, though in 1996, a 16th century emerald, ruby and turquoise-encrusted Moghul dagger was spotted on the cover of a Sotheby's auction catalogue.  With supporting identification documents from the Dar al-Athar al-Islamiyyah (DAI) at Kuwait National Museum (KNM), the country's museum authorities were able to stop the sale and the dagger was eventually reliquished to the museum's collection. 

Pending completion of the investigation, the parchment seized this week will remain with the Iraqi authorities for safekeeping and further identification before being eventually returned to the Kuwait museum.

By: Lynda Albertson

Often ahead of the game when it comes to having a low tolerance for art crimes, Italy is about to get tougher still by adapting its current criminal legislation on crimes against cultural heritage.

During a press conference held on Friday at the inauguration of the reopening of the House of the Faun at Pompeii, the Italian Minister of Culture Dario Franceschini and the country's new Prime Minister, Paolo Gentiloni, announced that Italy was perched to crack down further on a variety of art and heritage related crimes, something it has been valiently trying to accomplish in legislation originally pushed for by General B(a) CC Roberto Conforti, the (now) retired Commander of the del Comando Carabinieri Tutela Patrimonio Culturale.

Based on a revised proposal submitted by the Minister of Justice Andrea Orlando and Mr. Franceschini, Italy's Council of Ministers, has approved a bill today that will be tabled in Parliament to give the government a mandate for the reform of the country's rules on penalties for offenses against cultural heritage.

If approved by Italy's parliament the reform is designed to:

Then you should try and make time to see "La Tutela Tricolore," an exhibition dedicated to the “Custodians of Italy’s cultural identity” at the La Galleria degli Uffizi a Firenze.



The exhibition opened December 19, 2016, and is made up of eight themed sections, some of which are highlighted here.  Focusing on art crimes in general and highlighting many of the exceptional recoveries that are a result of Italy's unique investment in cultural heritage protection through its  unique-in-the-world Comando Tutela del Patrimonio Culturale dei Carabinieri, the exhibition demonstrates just how diverse "crimes against art" really are.

The event inaugurates the newly opened Aula Magliabechiana, part of a 18 million euro restoration project to overhaul two floors beneath the Biblioteca Magliabechiana.  These renovations not only provide a connection with Vasari’s original building on Piazza Castellani, but create a permanent exhibition space on the ground floor which will be dedicated to temporary exhibits such as this one.


"La Tutela Tricolore's" first section highlights art crimes by terrorism and pays homage to the city of Florence and the Uffizi's recovery from the May 27, 1993 bombing on the museum and the Accademia dei Georgofili.

Long before there was an ISIS, domestic terrorists affiliated with the Italian organised crime group Cosa Nostra placed 280 kilograms of Pentrite and T4 explosives mixed with a small quantity of TNT in a Fiat and left it parked on Via dei Georgofili, just behind the historic Uffizi Gallery's main entrance.  The resulting early morning explosion, caused when the car bomb detonated, created a ten foot wide and six foot deep crater that claimed the lives of five people, including one small, seven-week old, girl. Thirty-three people were treated in local hospitals for their injuries and the scar on the heart of the Renaissance city remains palpable in Florence's architecture and the city's collections.

Serving as a defiant symbol of "defeat through reconstruction," the opening of this Uffizi exhibition space commemorates this mournful occurrence and Florence's determination to overcome its devastating effects.  It serves as a reminder that through solidarity and hope, the beauty of art, and its appreciation and preservation, has the ability to heal wounds, even those inflicted long ago.

Section two of the exhibition highlights Florentine works of art stolen during World War II.  Some of the highlights on display include Labors of Hercules by Antonio Pollaiolo, the Madonna and Child (also called the Tickling Madonna or the Madonna Casini) by Masaccio, and Galatea by Bronzino.

Another section highlights works of art repatriated to Italy from other countries.

Some of the more recent repatriations on display are:

Photo Credit: Manhattan U.S. Attorney Preet Bharara

The Torlonia Peplophoros, a first-century BC sculpture depicting the body of a young goddess.  The statue is one of 15 stolen from the Villa Torlonia in Rome in 1983 which was just returned to Italy on December 7, 2016 from the United States.


An ornate parade wagon dating back to the early seventh century B.C.E., looted from the tomb of a Sabine prince laid to rest within the Colle del Forno necropolis. This wagon and other funerary objects were repatriated July 2016 following extremely difficult and protracted multi-year negotiations with the Ny Carlsberg Glyptotek, an art museum in Denmark's capital of Copenhagen.


A second century CE marble head, belonging to a statue of Julia Domna, the wife of Emperor Septimius Severus, the founder of the Severan dynasty.  This bust was stolen from the Museo del Canopo at Hadrian's Villa in Tivoli in 2012 and was also returned to Italy earlier this month.


This 510 B.C. E Etruscan black-figure kalpis, attributed to the Micali painter or his workshop, was looted by Tombaroli passed through the now well known trafficking network of Gianfranco Becchina before being sold to the Toledo Museum of Art with only a photocopy of two paragraphs typed in German on hotel stationery by the Swiss hotel's owner, stating he had owned it since 1935 as provenance.  As the result of an incriminating polaroid and a Federal Verified Complaint in Forfeiture, the museum was eventually encouraged to return the antiquity to Italy in 2012.

The sixth section highlights the globalization of criminal networks with pieces recovered from the Castellani Goldsmith collection, stolen during a dramatic 2013 Easter weekend jewelry heist the Museo Nazionale di Villa Giulia in Rome. As reported on earlier, this museum theft turned out to be a theft-to-order, involving a shady antiquarian, a drug dealer and a Russian with a penchant for gold.


Some of the last objects in the exhibit are the most poignant, and highlight art crimes in war, and the risk to the countries irreplaceable works of art which have been subject to natural disasters like Italy's recent earthquakes that continuously endanger its historic buildings and collections.  These objects remind us that fighting to protect art, against the elements and against the theft and exportation of works of art is a matter of civilisation and is a battle which warrants our full investment and engagement.

This exhibition is free of charge and runs through 14 February 2017 in Florence at:

La Galleria degli Uffizi a Firenze

Address: Piazzale degli Uffizi, 6, 50122 Firenze, Italy
Phone:+39 055 23885

Tues. – Sun. 10 am to 7 pm

(Closed on Mondays)
Entrance from door 2,
guided visits can be requested at: firenzemusei@operalaboratori.com.

Beit Ghazaleh, the house of the Ġazaleh, غزالة‎‎. was named after the Ghazaleh family and is one the largest palaces in Aleppo from the Ottoman period.  Dating to the seventeenth century, the historic structure is located in the Al-Jdayde neighbourhood; a once-prestigious section of the city that sits adjacent to the old city of Aleppo. Between 2007 and 2011, well before the start of the ongoing  conflict, the palace underwent renovations carried out by Syria's museum authorities in preparation if hosting the city's Memory Museum.

Yesterday archaeologist student Obada Diar Bakerly posted recent photographs of Beit Ghazaleh to the Facebook Group "Aleppo Archaeology."  His photographs show the present condition of the external portion of the palace which seems to have suffered substantial damages during the intervening five years of war.

On July 4, 2013, the Association of National Committees of the Blue Shield whose mission includes coordinating and strengthening international efforts to protect cultural property at risk of destruction during armed conflicts or natural disasters, included Beit Ghazaleh on its ‘no strike list’ of the 20 most important archaeological sites in Aleppo.

In February 2014 Syria's Directorate-General of Antiquities & Museums (DGAM ) wrote of their own concerns for the building's future.

In August 2016 the head of Aleppo's Department of the Directorate-General for Antiquities and Museums, Eng. Khaled Masri, speaking to news journalists representing the SANA news agency reported that a DGAM inspection of the site showed that the building had sustained serious damage to the stone walls and ceilings, as well as its wooden ornamentation, a unique feature in Ottoman Aleppo. 

UNESCSO's dedicated pages for Safeguarding Syrian Cultural Heritage state that the organisation has received reports that would suggest that the decorative elements inside the structure have been removed, possibly to be sold illicitly.  They have asked the public to be on the alert should they see anything similar being sold on the art market. 

Attached below are images provided by UNESCO, taken in 2010 of some of the rooms of Beit Ghazaleh. 

Following the convictions of many of the accomplices arrested in connection with the theft of 17 paintings stolen on November 19, 2015 from the Museo Civico di Castelvecchio, the paintings are finally cleared to return to Italy today.

In a ceremony held earlier this morning, broadcast live from the Khanenko museum in Kiev at 11:45 GMT+1, the stolen works of art were formally released in the presence of the President of the Ukraine, Petro Porošenko to the Italian Minister of Cultural Heritage and Activities and Tourism, Dario Franceschini and an Italian delegation made up of:

Flavio Tosi, the mayor of Verona
Gen. Fabrizio Parrulli, Commander of the Comando Carabinieri Tutela Patrimonio Culturale
Dr. Gennaro Ottaviano, the Deputy Prosecutor of Verona
Dr. Vincenzo Nicolì, Director of the Central Operational Service (SCO)
Roberto Benedetto, the head of the mobile police squad of Verona,
Antonio Coppola, Commander of the Operational department of the Comando Carabinieri Tutela Patrimonio Culturale
Dr. Ettore Napione, Curator of the Museo Civico di Castelvecchio


This afternoon, at 17.30 GMT+1 the 17 works of art will be presented back to the Verona public at the Museo Civico di Castelvecchio where a ceremony will be held welcoming the paintings back home.

All 17 artworks were recovered May 6, 2016 in the Ukrainian region of Odessa during a raid carried out by the special Ukrainian police forces.  The museum pieces were found wrapped in plastic bags and hidden in a willow forest, located on Turunciuk island, a parcel of land that sits on the left branch of the Dniester River that flows along the border between Moldova and the Ukraine.

Ricciardi Pasquale Silvestri, the point of connection between the Italians and the Moldavians criminals involved in the theft, was sentenced December 5, 2015 to 10 years and eight months for his role in the armed robbery and kidnapping.  His brother, Francesco Silvestri, the contracted security guard at the Castelvecchio museum on the night of the robbery, also involved in the plot, was sentenced to 10 years for his key role in illustrating the vulnerabilities of the museum. 

Pasquale's Moldovan girlfriend, Svetlana Tkachuk received a six-year prison sentence, for her role and translator between the members of the transnational organized crime group.  Another co-conspirator, also from Moldova, Victor Potinga, was sentenced to five years. Potinga transported the stolen artworks in his van from Verona to Brescia the evening of the theft. 

Two other defendants, Anatolie Burlac Jr. and Denis Damaschin each entered guilty pleas earlier in the year for their own roles in the crime.  Damaschin was sentenced to 3 years and 4 months incarceration for receiving stolen goods, having stored the paintings in his home in Brescia, in Northern Italy before they were disguised in television boxes and transported to the Ukraine. 

Arrested in Romania and extradited to Italy after some initial confusion over his identity, his father is Anatolie Burlac Sr., who is also wanted for questioning in the crime, Burlac Jr. received the lightest of the sentences handed down in connection with the crime, only one year eight months.   This was most likely due to the critical statements he made while being interrogated by the Italian authorities, which contributed to the convictions handed down in the case. Other accomplices, arrested last March, are still to be tried in Moldova.

Testimony presented in the case against the six in Italy indicated that the theft was originally planned for the 18th of November. It was then postponed to the next evening as the accomplices arrived at the museum on the 18th only to find additional cars in the parking lot indicating their was too much activity in the area to proceed.

According to defence attorneys, the original plan was to rob the museum of one painting only, a theft to order, with only the guard-accomplice present who was to pretend to authorities that he had been subdued during the robbery. Unfortunately, the accomplices arrived prematurely while the museum's cashier was still in the building. By tying her up and gagging her along with their accomplice-cohort, the thieves transformed the museum theft from a simple robbery to armed robbery and kidnapping. 

Ukrainian law enforcement believes that the works were shipped out of Moldova and into the Ukraine after arrests were made in the case in mid-March.  If the shift was made to hide the evidence or to send the works onwards to buyers in either somewhere in the Ukraine or Russia has never been established with certainty, however Italian police and Ukrainian media reports have suggested that the final buyer was rumored to be a wealthy collector in Chechnya.  According to the Russian news agency TASS, the paintings were sent from Moldova to the Ukraine via the postal service and at the time of their discovery, were awaiting transfer back to Moldova.

In a developing story, first reported by France's La Tribune de l'Art, a stolen painting, Le Campement de bohémiens, believed to be by the artist Alexandre-Gabriel Decamps, has been identified in an online auction catalog at the Paris auction house Hôtel Drouot. 

The artwork was first spotted by Xavier de Palmaert, who in turn notified Jacques Ranc, an art historian working on Alexandre-Gabriel Decamps catalog raisonné.  The painting on auction is believed to be one of 17 by the artist bequeathed to the Louvre Museum in Paris in 1902 from the collection of Thomy Thiéry.  Not on display at the time of its disappearance, the artwork was identified as being missing during an inventory check on January 15, 1977 and is believed to have been taken from the museum sometime between 1973 and 1977. 

Listed in the Louvre Museum's archive records as:

2833 — Le Campement de bohémiens. 

Devant un mur dégradé, des bohémiens, un homme, une femme et uhc fillette, ont allumé du feu et font bouillir la marmite. La femme, au premier plan, misérablement vêtue, est assise sur une pierre ; l'homme, assis à terre, à gauche, est appuyé contre le mur du fond, tandis que la fillette debout, à droite, la pincette à la main, surveille le feu qu'abrite une vieille porte de bois. Quelques récipients grossiers sont à terre. 

Signé sur une pierre, à droite : Decamps. 

Bois. Haut., 18 cent.; larg., 24 cent. 

Collections J. Fan, Véron, dit Taillis, H. Didier. 

M"'"' la baronne Nath. de Rothschild et Denain. 

Catalogue Moreau, p. 193. 

(Translated in English)

2833 - The Gypsy Camp. 

In front of a degraded wall, gypsies, a man, a woman and a young girl, lit the fire and boil the pot. The woman in the foreground, miserably clad, sat on a stone; man, sitting down, left, is leaning against the back wall, while the girl standing, right, tongs in hand, watching the fire beside an old wooden door. Some containers thrown crudely down. 

Signed [by the artist] on a stone, on the right: Decamps. 

Wood. 18 cent .; 24 cent.

Collections J. Fan, Véron, dit Taillis, H. Didier. 

Miss Baroness Nath. Of Rothschild and Denain.

Catalog Moreau, p. 193.

Here for comparison is a matching photograph taken from an article titled: "George Sand et les Bohémiens" by François de Vaux de Foletïer from 1976

Considered by some to be the founding father of Orientalism, Alexandre-Gabriel Decamps was one of the first French painters of the 19th century to turn from Neoclassicism to Romanticism.  Due to his influence, Decamps is likely one of the most copied and forged artists of the nineteenth century.

For Mr. Ranc to consider this work as potentially authentic is a big statement, especially as he has been vocal about the number of fakes or copies or "in the manner ofs" Alexandre-Gabriel Decamps artworks that are part of museum collections.

Hôtel Drouot has long been one of France’s most venerable and prestigious auction houses.  In March 2016 a scandal broke when 40 of the firm's self-governing and self-employed corps of porters, known as the ‘red collars’ indicted for pilfering' thousands of items. 

For the moment, the painting has been removed from sale pending the official demand for restitution by the Ministère de la Culture et de la Communication in France. 

Further details of the painting's history and provenance found on the Ministry's cultural patrimony portal: 

Alexandre-Gabriel Decamps Photo Credit: Eugene Disdéri

Nine archaeological objects from clandestine excavations conducted in northern Puglia have been recovered as the result of two separate investigations led by Italy’s art crime police, the Carabinieri del Comando Tutela Patrimonio Culturale and are now on temporary display at the Museo dei Vescovi di Canosa in Puglia.

Among the objects recovered are two Apulian polychrome craters dating back to IV-III century. BCE, which had been illegally exported to the United States and placed up for auction. 

Among the other finds are two Kylix wine goblets, a bell crater with floral and geometric decorations and a Roman-era aphora found during a routine check in an antique store. At the end of the exhibition the objects will be turned over to the archaeological superintendency responsible for the areas of Barletta, Andria, Trani and Foggia.

The artifacts recovered are pictured below.