Blog Subscription via Follow.it

November 1, 2015

The National Parks Vandalism: The Case Against Casey Nocket a.k.a. Creepytings and Others

One year ago, October 21, 2014 to be precise, Casey Schreiner, founder and editor-in-chief at Modern Hiker, broke the news of a New York hiker who was the primary suspect in a string of vandalism cases defacing rock outcrops at national parks in the western United States.  The woman under investigation by the National Parks Service, Casey Nocket, went by the pseudonym tag "Creepytings" and had documented her travels in acrylic paint, creating what is known in street art terms as "a character".  

A character is a writer's signature or visual shorthand often used to immediately identify the creator of the image. Nocket memorialised her trip out west by applying her signature character on surfaces in many federally protected locations along with a bathroom toilet or two along the way.  She then shared photographs which depicted her handiwork to followers on her Instagram and Tumbler accounts. 

As word spread through the hiking community, activists began documenting the damages either at the historical sites themselves or through electronic traces Nocket had left behind on her social media accounts. According to the US Code of Federal Regulations, it is prohibited to destroy, injure, deface, or damage national park property. Vandalism of national parks in the United States is generally categorised as a federal misdemeanour, and is punishable by three to six months in prison and a modest fine of up to $500.

As Nocket became aware of the spreading community outrage against her, she quickly removed her incriminating photos from the social media sites, but not before numerous screen shots of her character or photos of herself in action defacing federal lands had been captured and published on Modern Hiker at numerous historic locations, including

From Creeptings Tumblr
Sept, 16, 2014
•Canyonlands National Park
•Colorado National Monument
•Crater Lake National Park
•Telescope Peak within Death Valley National Park
•Joshua Tree National Park
•Rocky Mountain National Park
•Yosemite National Park
•Zion National Park

Subsequent to initial reports more graffiti, likely attributed to Nocket, were also discovered at

•Bryce Canyon National Park
•The Grand Canyon National Park
•Carrizo Plain National Monument
•Grand Staircase-Escalante National Monument
•Sequoia National Park

On October 29, 2014 t
he US National Park Service released a press report citing that Nocket had been identified as the primary suspect in the vandalism cases involving the first eight sites. The park service also stressed that helpful citizens should not attempt to remove the acrylic graffiti as in doing so, they might inadvertently create further damages.  The Park Service also indicated that documenting some of the specific incidences of the vandalism was time consuming due in part to weather conditions at some of the more remote locations. In September National Parks Traveler confirmed via the Chief of Public Affairs and Chief Spokesperson for the National Parks Service, April Slayton, that an investigation was still ongoing in the Nocket case but failed to elaborate further on reasons for the protracted delay.

Why has Nocket's tagging history for posterity case been dragging along so slowly?

The answer may lie with the fact that Nocket chose to leave her indelible footprint on rocky outcrops in national parks, whose territories cover Utah, Colorado, Oregon, California and Nevada. The cost-benefit calculus of prosecuting a misbehaving tourist for misconduct on federal land is complicated by the multiple jurisdictions where her misdeeds occurred.  For the last decade, cases involving immigration, drugs, fraud, or firearms in the United States have been the dominant federal criminal cases and make up the vast majority of felonies and Class A misdemeanours prosecuted at the federal level.  It may not ultimately be worth an assistant US Attorney's time or the governments financial resources to scrutinise a single offender with a minimal likelihood of recidivism when the costs outweigh any punishment they could possibly impose given the limitations of existing laws.  If this case does prove to be worth pursuing, the government and US Park Service will likely need to rely on experts in multiple states who can quantify the damages to all the sites involved, including the remote ones.

Image Credit: Modern Hiker
And example of a faster moving case, perhaps because it was restricted to a single location, or in light of the tagger's notoriety, is the recent vandalism case of Andre Saraiva, a Swedish-Portuguese street artist once featured in Banksy's documentary Exit Through The Gift Shop.  Saraiva's signature character normally consists of a stick-figure with a top hat, known as Mr. "A". In February 2015 he tagged a boulder in Joshua Tree National Park with an “OX”, the street artist's shorthand, reprsenting his trademark “Mr. A's” eyes.  The tag, or signature, stood for his initials.  Two months later, the piece had been removed and to put the case behind him Saraiva quickly paid the government's $275 fine for defacing the geology of a national park.  

In another recent case former Boy Scout leaders, Glenn Tuck Taylor and David Benjamin Hall, known as Utah's goblin topplers, pushed over a 20 million year old rock formation in Goblin Valley State Park. Without considering the repercussions the two brazenly videotaped their antics and uploaded a copy of the film for posterity on Youtube.  

Caught red-handed, and again in one single jurisdiction, the muscle men were quickly charged and just as quickly agreed to pled guilty.  Ordered to pay $925 in court costs, $1,500 for the cost of the investigation and an undetermined amount to erect signs in Goblin Valley warning visitors not to abuse rock formations, Taylor and Hall's legal records will be expunged upon completion of their probation.  Too bad their video will remain in perpetuity.  

But has the publicity of cases such as these reduced this type of heritage crime? Apparently not. 

September 5, 2015 Julio Perez was charged with second degree felony and criminal mischief after starting to carve his name with a car key into a 250-year-old wall in the Monks' Burial Room at the Alamo, a recently designated World Heritage site. The tag is reported to be about three inches long and one inch wide and is likely to be costly to repair. The Alamo being just one of the many historic sites damaged by tourists annually who somehow feel adding their name to the property adds to the site's aesthetic. 

October 23, 2015 It was announced that Christopher James Harp was indicted by a federal grand jury for depredation of public lands and resources under 18 U.S.C. § 1361 for damages at Rabbit Island to a large rock outcropping in the Sequoia National Forest, once home to a large Tubatulabal Indian village. An archaeologist with the United States Forest Service detected Harp's handiwork, a graffiti sprayed with black asphalt sealer over a extensive area which in addition to defacing the physical terrain had also damaged a prehistoric petroglyph of a bighorn sheep.  In committing the offence, Harp told investigators that he wanted revenge against his boss, who had talked to him in a condescending manner. The graffiti, sprayed in drunken outrage, included a phone number inviting people to call his colleague for a sex act.   Native American rock art is protected by NAGPRA, the Native American Graves Protection and Repatriation Act.  

The boundaries of street art: history or vandalism or when a tag becomes one or the other.

Street art is an ephemeral and amorphous form of art, usually in urban settings, that has developed a flourishing sub-culture all its own. Considered by some a nuisance or vandalism, for others it is a tool for communicating views, asking difficult questions or expressing one’s personality or political concerns.  

The legal distinction between destructive permanent graffiti and art is permission, something Creepyting didn't have when she defaced federal park lands, nor was she likely to get. The same for Saraiva, Perez, and Harp  But the topic becomes even more complex as contemporary unauthorised works of street art receive greater social approval and become prized in spite of, or in some cases because of, the unauthorised setting where the work is placed. Often, when the work is perceived as "not hurting anyone" or when the work in question is aesthetically pleasing, as is the case with street artists like Banksy, Blu,  or C215 the longstanding public approval of their artwork trumps arguments on legality or unconventional presentation. 

But by extension, both street artists or common graffiti doodlers do not necessarily believe what they are doing is wrong, even as they know that they are engaging in an illegal act of vandalism.   They may see or in many cases justify their expressions as explorations in identity, place and becoming and hope that they will be overlooked or with a little luck, be immortalised.

In other cases, those scratching their names into sites see merit in their graffiti comparing their added touches as something akin to the spirituality of rock art like the petroglyphs at places like Columbia River Gorge or the documentation of "being there" like the writing of early settlers at Willamette Valley who chronicled their time on the Oregon Trail by marking their passage on a hemlock stump in 1867.

Alamo historic tag
Image Credit:
The Alamo Shrine in San Antonio
Ironically, incised historic graffiti, was uncovered at the Alamo during restoration tests the theory of when tagging a building is perceived as damaging and a punishable offence versus when it is celebrated as providing us with a window into our historic past. In 2011, during an extensive cleaning, plaster and paint conservators found “1802,” “WVANCE,” “TEX” and either “54” or “SA” under layers of historic grime on a wall facing just above the main entrance to the site's church. Press conferences were held and academics researching the site used the markings to try and attribute who the tagger may have been and when he may have left the marks.  Was the date the time of his posting or the year of his birth?

Examples like these underscore how today's taggers draw similar comparison's, justifying rightly or wrongly, their similarity to, or borrowing from, the examples of public scribbling done by their forefathers. What often gives today's vandal's "permission" though, often is more simple; the low probability of being detected and therefore prosecuted and convicted.

The effects of copycats. 

But the fine line between street art and wrongdoing isn't always worthy of philosophical debate. Sometimes its fairly easy to judge when something should be avoided or is just plain wrong. A quick glimpse at the handiwork by Nocket, the goblin topplers or the hundreds of tourist names inscribed on the rockface below will demonstrate that some people just don't get the idea of leaving a place better than when you found it.

By: Lynda Albertson

October 30, 2015

Friday, October 30, 2015 - , No comments

District Judge Robert Shelby Hears Statements on "Disproportionate" and "Excessive" Force in Artifacts Trafficking Sting

Thursday October 29, 2015 U.S. District Judge Robert Shelby heard statements in a court hearing to decide whether a United States Bureau of Land Management agent, Dan Love, had violated a Blanding doctor's rights when arresting him during an artifact trafficking sting operation into the sale of looted Native American objects.  In an earlier ruling, the judge dismissed four of the five claims alleged by the family of Dr. James Redd, but had indicated there were sufficient facts to warrant a formal hearing to review the evidence on the final accusation before determining if the suspect's Fourth Amendment rights had been violated. 

This case garnered the general public's attention last year when the event was highlighted in a LA Times long-form article by award-winning journalist Joe Mozingo.  In his news report, Mozingo retold the story of the prominent physician, who had been charged in 2009 with one felony count of unlawful receipt of property stolen from an Indian tribal organization (18 U.S.C. 1163) during Operation Cerberus Action, named after the three-headed dog in Greek mythology.

James Redd, the town of Blanding's only doctor for almost 30 years and his wife Jeanne were two of the 24 suspects in Utah, Colorado and New Mexico charged with felonies for allegedly trafficking in archaeological artifacts from the Four Corners area of the American Southwest.  On the day after his arrest, Dr. Redd was found dead from carbon monoxide poisoning.  Apparently distraught over the charges against him and the members of his family, Redd had asphyxiated himself by rigging a garden hose to the exhaust pipe of his Jeep.  A week after Redd's death, a second defendant indicted in the case, Steven L. Shrader, of Santa Fe, N.M., also killed himself, dying of a self-inflicted gunshot wound on the same day he was scheduled to appear in federal court in Salt Lake City.

After his death, Redd's wife Jeanne plead guilty to three felony counts of unlawful receipt of property stolen from an Indian tribal organization (18 U.S.C. 1163), two felony counts of violation of ARPA (16 U.S.C.470ee (b)) and theft of Government property (18 U.S.C. 641) admitting that she owned and sold valuable Native American seed jars, pottery and jewelry. The couple's daughter, Jericca Redd, also plead guilty, admitting to one felony count of unlawful receipt of property stolen from an Indian tribal organization (18 U.S.C. 1163) and two felony counts of violation of ARPA (one count each of 16 U.S.C.470ee (a) and (b)).

On September 16, 2009, citing consequences suffered and the seriousness of the crime that had impacts felt by her and the community, U.S. District Judge Clark Waddoups bypassed federal sentencing guidelines and sentenced Redd's wife to to a lighter sentence of 36 months of probation. Redd's daughter received 24 months probation. In addition, the family members were ordered to pay a fine and forfeit 812 archaeological objects, including human remains, they had once had in their possession. 

In May 2011 Jeanne Redd filed an excessive force lawsuit in the U.S. District Court in Salt Lake City, claiming that the Bureau of Land Management and the FBI had pushed her husband, James Redd, to suicide through “"excessive, overreaching and abusive treatment"” at the time of his arrest. Approximately eighty federal agents were reportedly deployed in the city of Blanding on June 10, 2009 as part of Operation Cerberus Action, tasked with executing warrants on the Redds and 14 other individuals.  

As arrest warrants were being served, a large but disputed number of officers, some wearing flak jackets and some carrying assault rifles arrived at the Redd’s home just after sunrise.  They detained Mr. Redd for several hours after he had returned home following early morning rounds at the health clinic, questioning him extensively in his garage. 

Family members have reported that a BLM special agent interrogated Redd for four hours before taking him into custody,  During the questioning one agent reportedly taunted him by pointing to garden tools in the garage and asking him “Which shovel do you like to dig bodies with?”  The family also indicated that officers had hinted that Dr. Redd might lose his medical license for illegally removing native american artefacts from Navajo territory. 

The constitutionality of an officer’s use of force depends on whether the officer’s conduct was “objectively reasonable’ in light of the facts and circumstances,” which must be assessed “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” United States Supreme Court GRAHAM v. CONNOR, (1989) No. 87-6571 Argued: February 21, 1989   Decided: May 15, 1989.

During yesterday’s hearing U.S. District Judge Robert Shelby told an attorney for the Redd family that he didn’t see sufficient evidence to suggest that the action taken by federal Bureau of Land Management agents necessarily violated Redd's constitutional right but he did comment on the the number of officers deployed.  He ended the hearing by saying he would take the matter under advisement before issuing a prompt ruling.

While many feel the leniency shown to the Redd family during their sentencing sends the message that heritage looting in the American Southwest is unimportant and not worth stiff sentences but the case also illustrates that a disproportionate amount of law enforcement manpower may have been deployed to a home were suspects were not actively resisting, not attempting to flee, and not posing any imminent danger to law enforcement officials. 

In total, two suspects charged in this case committed suicide, as did case's informant Ted Gardiner. Gardiner shot himself in his Salt Lake City home during a confrontation with local police officers who had been summoned for the second time in three days because of concerns about his mental health.  





Événement/Events: Fondation pour le droit de l’art /Art Law Foundation

Location: Auditorium, Fédération des Entreprises Romandes
98 rue de Saint-Jean, 1201 Genève

La date de l'événement:
Vendredi 13 novembre 2015

Sur le thème: 
L’art & le blanchiment d’argent 
Money Laundering in the Art Market 
Événement en français

Programme et l'inscription:
On or by 3 November 2015

Le marché de l’art n’est pas épargné par les questions de blanchiment d’argent. L’actualité en a fait la démonstration. Les nouvelles recommandations du GAFI en matière de blanchiment qui seront mises en oeuvre en Suisse à compter du 1er janvier 2016, le phénomène malheureux du financement de l’État islamique par la vente de biens culturels et les réflexions entourant la règlementation des ports francs soulèvent des questions importantes pour le domaine de l’art sous l’angle de son exposition aux risques de blanchiment d’argent. Alors, mythe ou réalité: l’art est-il un moyen de blanchir des avoirs criminels?

Le but de cette journée est de faire un panorama de la problématique, d’exposer les règles qui s’appliquent au blanchiment d’argent dans le marché de l’art et d’esquisser des solutions pour prévenir les risques correspondants.

La professeure:
Ursula Cassani (Université de Genève), Jean-Bernard Schmid (procureur), Thomas Seydoux (Connery Pissarro Seydoux), Solange Michel (Interpol), le professeur Xavier Oberson (Université de Genève), Yan Walther (SGS Art Services) et Laurent Crémieux (Inspection fédérale des finances) comptent parmi les intervenants à cette journée.

Cet événement est organisé par la Fondation pour le droit de l'art et le Centre du droit de l'art.



Location: The Society of Antiquaries of London
Burlington House, Piccadilly, London

Program Date: 
Tuesday, 01 December 2015

Topic: 
Art, Law and Crises of Connoisseurship
Conference in English

Programme and Registration:
Early Bird Rate until 15 November 2015

In the public realms of law and the art world, a ‘connoisseur’ must be recognised as being an expert, as being capable of giving credible testimony regarding the subject, and as remaining actively engaged with the world in which attributions and authentications are made. This public recognition takes years of work and is hard-won.

Yet, does this public recognition of expertise signify accuracy or truth in the claims that a connoisseur makes about art? This one-day conference investigates the always-interrelated and often mutually-troubled processes by which connoisseurship is constructed in the fields of art and law, and the ways in which these different fields come together in determining the scope and clarity of the
connoisseur’s ‘eye’.

Speakers Include:  
Martin Eidelberg (Rutgers University), Charles Hope (Warburg Institute), Nicholas Eastaugh (Art Analysis and Research Ltd.), Irina Tarsis (Center for Art Law), Brian Allen (Hazlitt Ltd.), Tatiana Flessas (LSE), Megan E. Noh (Bonhams) and Michael Daley (ArtWatch UK).

This event is organised at the The Society of Antiquaries of London by ArtWatch UK, the Centre for Art Law, and the London School of Economics and Political Science.




October 29, 2015

Thursday, October 29, 2015 - ,,, No comments

i2MStandards offers systematic approach to problem of fakes and forgeries in the art market -- Colette Loll, ARCA Alum


Colette Loll, Art Fraud Insights
Tom Mashberg's article for The New York Times, "Art Forgers Beware: DNA Could Thwart Fakes" (October 12, 2015) discusses "a new authentication system that would let artists sign their works with specks of synthetic DNA."

One method is being developed at the Global Center for Innovation at the State University of New York at Albany. The school said it had received $2 million in funding from the ARIS Title Insurance Corporation, which specializes in art.

Here's a link to the program's website: https://www.i2mstandards.org

Colette Loll, of Art Fraud Insights -- quoted in Mashberg's article -- consulted on the project. Loll attended ARCA's program in International Art Crime in 2009 and 2010. In October, Ms. Loll was in London with artist Eric Fischl "and some of the top conservation and materials scientists in the field," Colette wrote in an email. "I have been consulting on this initiative for over a year now." Ms. Loll explained:

“The i2MStandards initiative offers a systemic approach to fighting the prolific problem of fakes and forgeries in the art market. We have been talking about the problem for a long time, it’s wonderful to participate in a very real solution.”

Here's a link to the program's video: https://www.i2mstandards.org/media/.

by Catherine Schofield Sezgin, ARCA Blog Editor

October 28, 2015

Wednesday, October 28, 2015 - ,,, No comments

Reporting from UNESCO ICOM COMCOL 2015 Annual Conference in Soul, Korea

COMCOL is the International Committee for Collecting of the International Council of Museums (ICOM) which aims to deepen discussions, and share knowledge on the practice, theory and ethics of collecting and collections development.


This year ICOM Council on Museum Collecting (COMCOL) is hosted by the National Folk Museum in Seoul, Korea.  


Speakers participating in this conference have gathered from as far away as the Netherlands, Zambia, Brazil, England and myself, from the United States.

On our first day of this conference, we toured the Gyeongbokgung Palace, and were welcomed by an extremely knowledgeable docent at the National Folk Museum in the same complex as the Palace before beginning our conference schedule for the day.  The group also received the Gyeonggido Dodanggut, which is a shamanic ritual of community, designated as Korea’s Important Intangible Heritage #98, held in Suwon, Incheon and other areas of Gyeonggi provence to wish for the well-being and prosperity of a village.  This particular ritual consists of two parts: telling the origin and history of village guardians and praying for safety and longevity of the village and its residents.

The President of COMCOL, Léontine Meijer-van Mench (Germany) , Deputy Director at Museum Europäischer Kulturen (Museum of European Cultures) Staatliche Museen zu Berlin - Preußischer Kulturbesitz initiated session one with a presentation, “What does sustainability mean for institutional collecting?” 

Keynote speaker Kidong Bae (Korea), ICOM chair of the National Committee of Koreaand former President of the Korean Museum Association; now, Professor of Archaeology in the Department of Anthropology, Hanyang University and Director of the Jeongok Prehistory Museum, Gyounggy Province; Seoul spoke about the History of Collections and Museum Development in Korea.

In the afternoon session Yukiko Shirahara (Japan) Chief curator at the Nezu Museum presented a thought provoking paper on “Addressing the Dilemma of Sustaining Museums and Collections in an Economic Downturn”. The final paper presented by Ho Seon Riw (Korea) concerned the “Future-Oriented Collecting Policy of the National Hangeul Museum.  “Hangeoul” is the unique writing style of Korea.

In the closing of the first day of the conference, students of “Gayatori” performed Gayageum byeonchang, folk songs accompanied by the traditional Korean zither-like instrument the Gayageum.  These students are officially appointed to maintain this important intangible cultural property.  Maintenance of “intangible cultural property” is ICOM’s priority #23.  Gayatori plays Korean traditional musical instrument which includes both 12 stringed and 25 strings in performance, accompanied by flute and choral voices of the players.

This reporter will present in the next day’s session a paper titled, “Renaissance at the Academy: The Rebirth of Connoisseurship and the Examination of the Object”  

October 27, 2015

America’s Museum of the Bible - Hobby Lobby Owners Under Federal Investigation for Possibly Trafficked Assyrian and Babylonian Cuneiform Tablets

For years various academics have questioned the collecting and conservation practices of billionaire collector Steve Green, the philanthropist behind the $800 million, eight-story Museum of the Bible.  Slated to open in 2017, the museum will occupy a historically protected warehouse built in 1923 just minutes away from the National Mall and the US Capitol in Washington DC.  But Green's collection raises more questions than it answers.

Where are the thousands of antiquities coming from that have been purchased to supply this expansive museum?   And as a private museum, has the largest evangelical benefactor in the world cut corners in formulating his museum's acquisition policy, forgoing the standards propounded by museum associations and those dictated by international treaties?

Most of the general public are more familiar with the Green family via their landmark case against the US government objecting to the Patient Protection and Affordable Care Act which required that corporations above a certain size provide medical insurance benefits to their employees, including coverage for certain contraceptive methods.  In approving an exemption as a result of the case, Burwell v. Hobby Lobby, 573 U.S. (2014), the US Supreme Court decided in Hobby Lobby's favour stating that the Affordable Care Act's mandate requiring that for-profit corporations supply their employees with access to contraceptives at no cost to the insured employee could be opted out of by commercial enterprise owners who are opposed to contraceptive coverage based upon their religious beliefs.

GC.MS.000462, a papyrus fragment sold
on eBay in 2012 which has a text from
Galatians 2:2-4, 5-6 in the New Testament
But the Green's success in rulings over contraception has now been overshadowed by a federal investigation into the museum's collection practices regarding antiquities from ancient Assyria and Babylonia, what is now Iraq.

According to the Museum of the Bible website, the Green's purchased their first biblical object in November 2009.   Since that time, their collection has grown to an estimated 40,000 objects including Dead Sea Scroll fragments, biblical papyri, rare biblical texts and manuscripts, cuneiform tablets, Torah scrolls, and rare printed Bibles.   That's 6,666 objects per year or a whopping 18 objects purchased per day. Compare that to the number of employees currently working for the Greens in relation to their new museum and one can surmise that an object's collection history has not been a principle concern among the staff or consultants vetting historic items for inclusion in the museum's collection.

In April of 2014 Italian papyrologist Roberta Mazza, a lecturer in Classics and Ancient History at University of Manchester, pointed out her concerns surrounding a papyri fragment in the Green's collection. Mazza identified a small papyrus codex page containing lines from Galatians 2 in Sahidic Coptic during a visit to the exhibition, Verbum Domini II, organized by the Green Collection in Vatican City, Rome.  As might be expected, the fragment had a less than stellar collection history.

Belonging to the Green Collection, the fragment was first identified back in October 2012 by Dr. Bryce C. Jones, then a PhD student at Concordia University's Department of Religion.  The Galatians 2 papyrus had previously been listed for sale on the online auction site eBay that same year through an irreputable dealer using the name “mixantik”.  “Mixantik”, who also has used the names "ebuyerrrrr" and "Yasasgroup", is/was an Istanbul-based trader with a seemingly inexhaustible supply of ancient Coptic and Greek papyrus fragments from Egypt, all with little or no provenance.  This seller was also someone whom academics like Dr. Dorothy King and archaeologist Paul Barford had openly reported for trading contrary to Turkish and International law.

Concerned about the provenance of this piece of papyrus as well as other Green Collection practices, Roberta Mazza asked David Trobisch, the current director of the Museum of the Bible, both publicly and privately for more information on the acquisition circumstances of two specific pieces in the family's collection, GC.MS.000462 (Galatians 2) and P. GC. inv. 105 (the Sappho fragments). 

From the Green's employee she learned that the Galatians 2 Coptic fragment was purchased in 2013 by Steve Green from someone referred to as "a trusted dealer".   Records in the Museum of the Bible/Green Collection archives attest that the papyrus was part of the David M. Robinson collection which was sold at a Christie’s auction in London in November 2011.   

The fact that the auction sale records give no mention of the eBay seller, and conveniently does not contain a photographic record or detailed description of what the 59 packets of papyri fragments contain is suspect to say the least.  This lack of detailed documentation on auction sales involving antiquities makes it difficult to ascertain if any given object's origin is either licit or illicit.  This easy loophole leaves the door open for both buyers and sellers to slide suspect objects into the stream of international commerce undetected.  In a nutshell this method may be used to effectively launders smuggled cultural contraband and give an illegitimate object a plausibly legitimate collection history. 

Speeding forward to today, The Daily Beast has reported that the Greens have been under federal investigation for the illicit importation of cultural heritage from Iraq over import irregularities related to 200 to 300 clay cuneiform tablets seized by U.S. Customs agents in Memphis on their way to Oklahoma City from Israel.  The jointly-written article was written by Biblical scholars Joel Baden, professor of Hebrew Bible at Yale University and Candida Moss, professor of New Testament and early Christianity at the University of Notre Dame.

Cary Summers, president of the Museum of the Bible, spoke with Daily Beast reporters exclusively on Monday and stated that a federal investigation was ongoing and that “There was a shipment and it had improper paperwork—incomplete paperwork that was attached to it.” 

In 2008, the U.S. imposed an emergency import restriction on any archaeological and ethnological materials defined as "cultural property of Iraq. This import restriction was imposed to protect items of archaeological, historical, cultural, rare scientific or religious importance at risk of trafficking as the result of unrest in the country.  This import restriction continues additional restrictions already in effect continuously since August 6, 1990.

The selling of ancient Iraqi artifacts is absolutely prohibited under UN resolution 1483 from 2003, as you may find in paragraph 7 of the link here. 

A source familiar with the Hobby Lobby investigation told reporters at the Daily Beast that the cuneiform tablets were described as samples of “hand-crafted clay tiles” on their FedEx shipping label and were valued at under $300.   If true, this seems less like an simple oversight on the part of the shipper and more like direct falsification, not just of these objects' value but of their historic significance and origin as its doubtful that cuneiform tablets will be showing up in the Wall Decor section of Hobby Lobby anytime soon. 

American imports of art, collections and collectors' pieces, and antiques from Egypt, Iraq, Lebanon, and Syria increased sharply between 2011 and 2013. Is a pattern developing?  Is this how heritage artifacts from source countries plagued by conflict are being folded into legitimate museum and private collections?

David Trobisch has stated that the Green Collection has one of the largest cuneiform tablet collections in the country.

In selecting antiquities, individual collectors and museums have choices. They can choose to focus exclusively on the historic, aesthetic and economic benefits of their acquisitions in formulating their collections or they can add ethical and moral criteria to their purchase considerations and not purchase conflict or blood antiquities.

By Lynda Albertson 

Excerpt from ICOM Code of Ethics for Museums
©2013


October 19, 2015

Monday, October 19, 2015 - ,,, No comments

UNITAR - UNOSAT and UNDP Reports on Destruction in the City of Sana'a, Sana'a Governorate, Yemen and Its Effects on Civilians

On August 28, 2015 UNITAR’s Operational Satellite Applications Programme - UNOSAT, a technology-intensive programme delivering imagery analysis and satellite solutions to relief and development organisations within and outside the UN system illustrated satellite-detected damage and analysis of the destruction in the city of Aden, Aden Governorate, Yemen. 

Using satellite imagery acquired 10 and 23 September 2015, as well as 15 May 2015, UNITAR-UNOSAT they have now done the same thing for the city of Sana'a, Sana'a Governorate, Yemen. 

As noted in an earlier ARCA blog post Sana'a is the largest city in Yemen and the centre of Sana'a Governorate. Inhabited for more than 2,500 years, Sana'a old city is an UNESCO World Heritage Site (Date of Inscription: 1986) noted for its many-storeyed tower-houses built using pisé de terre, an ancient rammed earth method of construction that dates back to at least 7000 BCE in Pakistan.   Prior to becoming the latest victim of unrest the city of Sana'a hosted 103 mosques, 14 hammams and over 6,000 houses, all built before the 11th century.

The UNITAR-UNOSAT report, published October 15, 2015 identified a total of 652 affected structures within a city.  Detailing their findings the report noted
Approximately 283 of these were impacted as of 10 and 23 September 2015, with 54 destroyed, 94 severely damaged, and 135 moderately damaged. Previously, using the 15 May 2015 satellite image, UNITAR-UNOSAT had located 369 affected structures, of which 60 were destroyed, 72 severely damaged, and 237 moderately damaged. Additionally, 8 impact craters and 16 areas with significant amounts of debris were observed in September 2015. A total of 7 medical facilities were identified within 100 meters of damaged and destroyed buildings, and it is possible that these facilities also sustained some damage. Notably, as of 10 and 23 September 2015, significant reconstruction of structures damaged as of 15 May 2015 was visible across the examined area. This is a preliminary analysis and has not yet been validated in the field.  

A copy of the report in its entirety can be found here.  Along with a full-sized PDF version of the site damage map here

Image Credit World Food Program (WFP), Rome
Another UN group, the United Nations Development Programme (UNDP) has been working in Yemen to document how the conflict has changed the daily lives of a normal citizen. Over a six month period they have been collecting interviews from within six different governorates in Yemen -Sana’a, Taiz, Hadhramout, Hajjah, Sa’adah, and Ibb asking the Yemeni’s they spoke with to speak of their main daily challenges, their future concerns and what ongoing risks they face on a daily basis. 

For a stark look at life for the Yemeni people under such conditions their eye-opening report can be read here. Yemen needs courageous and compassionate people if it is to turn around from these catastrophic realities.

By Lynda Albertson




October 18, 2015

Sunday, October 18, 2015 - No comments

Art as a Tangible Asset

Panel Discussion: Exploring the Questions of Estate Planning, Gifting and Charitable Donations for Collectors and their Advisors 

Presented as part of The Print Center 100

Date:  Wednesday, October 28, 2015

Registration:  8:00am: Registration

Panel Discussion: 8:15 – 9:00am:
Questions and Networking

Focus during this event will be works being offered in
Freeman’s upcoming auction: Modern & Contemporary Art on November 01, 2015

Panelists include:

Robert J. Morrison
Founder, The Project Group, art collector and author with Rockefeller
Philanthropy Advisors of The Fine Art of Tangible Assets

Ruth Fine
National Gallery of Art Curator (1972-2012), where she organized the
Dorothy and Herbert Vogel Fifty Gifts for Fifty States Project; and Chair of
the Roy Lichtenstein Foundation Board

Taylor Custis
Senior Wealth Strategist, Abott Downing

William R. Valerio, PhD
The Patricia Van Burgh Allison Director and CEO, Woodmere Art Museum

Kevin P. Ray
Greenberg Trauring, LLP.
Advises artists, art galleries, art collectors, museums and cultural
institutions, and art lenders on art-secured loans, consignments, questions
of title, provenance, and compliance with national and international law

Brian A Bernhardt
Senior Vice President, Corporate Client Group Director, Private Wealth
Advisor, Morgan Stanley

Location:
Freeman’s
1808 Chestnut Street
Philadelphia, PA

Reservations are required as seating is limited.

Please RSVP to:
Tessa Laney
267.414.1239
tlaney(at)freemansauction.com

October 17, 2015

Saturday, October 17, 2015 - No comments

The Holy Site of Joseph's Tomb قبر يوسف, in Nablus Has Long Been the Target of Palestinian-Israeli Discord

Tomb of Joseph in 1908
Joseph's Tomb  (Hebrew: קבר יוסף‎, Kever Yosef, Arabic: قبر يوسف‎, Qabr Yūsuf) was set ablaze overnight in the West Bank amid unrest in the territory. The tomb is located at the eastern entrance to the valley that separates Mounts Gerizim and Ebal, some 230 metres (750 ft) north of Jacob's Well, on the outskirts of the West Bank city of Nablus in the Palestinian Authority, near the site of biblical Shechem.  In the biblical tradition, this is the burial site of the son of Jacob who served the king of Egypt.

The heritage attack came as the Palestinian-led Ḥarakat al-Muqāwamah al-ʾIslāmiyyah (Islamic Resistance Movement), referred to by its acronym "Hamas" called for another day of ragein protest to the Israeli-occupied West Bank and East Jerusalem.  Both events serve to further escalate tensions that in the past two weeks have taken the lives of dozens in both Israel and in the Occupied Palestinian Territories. 

The site of Joseph's tomb has been venerated throughout the ages by Samaritans, Christians, Jews, and Muslims.

Though the authenticity of Joseph’s Tomb has long been a matter of debate, its identification with Joseph is many centuries old. According to Jewish tradition Joseph's bones were returned from Egypt and buried in the town of Shechem. Shulamit Aloni, Israel's former Minister of Education, cited archaeologist Meir Ben-Dov, who asserted that the site contains the late Arab grave of a 19th century sheikh by the same name. The Muslim scholar believed to be buried there is Sheik Youssef Dawiqat, a cleric who is said to have healed the sick by reading them verses from the Koran.

But despite being the object of devotion by both Muslims and Jews, Joseph's Tomb has long been a flash point for violence against practitioners of the Jewish faith. The conflicts around the holy shrine underscore a stunning and long standing lack of regard for the sanctity of the place and the complexities of protecting just one of the many at risk religious sites in the Holy Land in its contested areas.

In addition to this week's fire Joseph's Tomb has been an ongoing bone of contention and symbol of discord between Palestinians and Jews for decades.

In the mid-1980s an Israeli Defence Forces military outpost was built at the site along with a yeshiva, Od Yosef Chai (Joseph Still Lives). By 2013 and due to its extremest views, the Israeli government cancelled its government funding support of the yeshiva's programs, due to the school's encouragement of violent actions and provocation against Palestinians and the security services.

On the eve of the Sukkot (the Jewish Feast of Tabernacles) at the end of September 1996 the site was fired upon during the the Western Wall Tunnel riots and six Israeli soldiers were killed.  During that incident, the tomb and army post were ransacked and the yeshiva, as well as hundreds of religious books, were burned.
Palestinians stand on the roof of Joseph’s Tomb in Nablus
on October 7, 2000
Also in October 2000 during the Al-Aqsa Intifada the Islamic Resistance Movement (Hamas) declared an earlier "day of rage" on October 6th, urging Palestinians to attack Israeli army outposts in the occupied territories.

Then-Prime Minister Ehud Barak ordered a unilateral retreat from the area around Joseph's tomb in order to prevent further loss of life to lower tensions after intense fighting left seventeen Palestinians and one Israeli soldier dead and wounded more than 170 people.

On October 7, 2000, based on a Palestinian agreement to protect the site, Israeli defence forces withdrew, and the last IDF soldiers evacuated religious site at 3:00 am. Palestinian policemen, who were supposed to take over the protection of the site, watched helplessly as a frustrated mob soon overran the shrine-  Palestinian Authorities said there was little they could do to stop the anger-led destruction.

As seen in the October 7, 2000 photo above, the rampaging rioters took out their frustrations by severely damaging much of the humble site. During the incident vandals attacked the tomb with pickaxes, sledgehammers and even with their bare hands. Jewish prayer books were ripped apart and their pages left scattering in the wind.  Furniture and religious objects were also burned. A rabbi, who had walked to the site on October 8th, hoping to salvage the Torah scrolls, was murdered. As a result of the increase in violence Isreali Defence Forces reduced the Jewish presence to the site to a once-monthly evening visit, trucking in worshipers on that day by the busload.  This change in visitation however did little to decrease tension between the two religious factions and left the site extremely vulnerable to sporadic attack.
Crypt destruction inside Joseph’s Tomb.  Photo published
in March 2003, the two pillars beside the crypt are still visible.

While previous desecration to the site were severe, up until March 2003 there were no reports of damage to the cenotaph which sits inside the shrine. Sometime between 2000 and 2003, the crypt was smashed into the pile of rubble seen in the image to the right.  The site remained in shambles for years as can also be seen in this later photo article by New York Times photojournalist Rina Castelnuovo who shot images of worshipers still gathering in the detritus.

In September 2007 during a visit for Chol Hamoed Sukkot, it was discovered that the tomb had been vandalised even further; this time the inner spaces had been filled with garbage and set alight.  In an act of reconciliation, a group of Palestinians set to work to clean the tomb in November of that same year only to have determined vandals return in February 2008 setting fire to by igniting tires they brought inside.

Ten months later on December 23, 2008 the IDF accompanied a team of workers from the Shechem Echad organization to Joseph's Tomb. With funding by anonymous donors, and experience restoring historic Jewish graves throughout Samaria, the team set about repainting the blackened walls of the defaced site, and to restoring the tomb's cenotaph. Their restoration work would be short-lived and did little to deter further site damage.  Not long after they finished, fresh footprints where found in the newly poured and not yet dried cement.

April 23, 2009 the site was defaced again. Boot prints were found on the grave itself and swastikas had been painted on the tomb's walls along with ominous graffiti depicting a blood-dripping sword and a boot hovering above a Star of David symbol underscoring that holy places in contested areas create the potential for military, theological, and political clashes, as long as there is political divide.

On April 24, 2011 a skirmish between Israeli soldiers and Palestinian youths at the site resulted in more tires being set on fire, this time at the entrance of the tomb. According to a less than clear investigation by the Israel Defence Forces and the Palestinian Authority, the event seems to have been sparked when Palestinian security forces opened fire on three cars full of Israelis who entered the West Bank compound of Joseph's Tomb without IDF permission, breaking through a local checkpoint. How the two incidences fit together has never been fully explained.

On Sunday July 6, 2014 angry Palestinians tried to again tried to firebomb Joseph’s Tomb as riots in the area dragged into their fifth day following the Shin Bet confirmation that several Jewish suspects had been arrested in connection with the murder of East Jerusalem teenager, Muhammed Abu Khdeir. The rioters were stopped from damaging the tomb by Palestinian Authority security forces who used tear gas to deter the assailants from approaching close enough to do serious damage.

During Shabbat on August 1, 2015 Palestinian vandals again targeted the site and tried to burn down the ancient tomb as a "revenge" attack for the lethal arson by Israeli extremists that killed a Palestinian infant in the West Bank a day earlier.

On September 21, 2015 rioters hurled stones and firebombs, and rolled burning tires at Israel Defense Forces soldiers guarding twenty busloads of Jewish worshipers who had come to pray at the tomb during a Yom Kippur Eve visit. One soldier was injured.

As reported by Palestinian news agency WAFA today's most recent attack on the Nablus tomb compound has drawn sharp condemnation from Palestinian Authority President, Mahmoud Abbas. Abbas denounced the arson as an “illegal act that harms our culture, religion and ethics” and ordered the damages to be repaired, adding that the authorities would be opening an investigation to find the culprits responsible. Israel's military estimated that 100 people converged on the tomb before Palestinian security forces arrived and were able to push them back and extinguish the blaze.

But despite political condemnation of the destruction, some Palestinians and Israeli settlers in the area remain far from reconciliation.  Leaders of the extreme right yeshiva, The Od Yosef Hai that was once located at Joseph’s Tomb and then moved to Yitzhar, referred to the torching of the tomb as a pogrom.  Frequented by violent Jewish settlers, the yeshiva's aggressive doctrine has called upon settlers and their supporters to exact revenge against their opponents and members of its leadership have been known to actively condone the use of violence.

In the past, some of the controversial yeshiva's students have allegedly been involved in 'price tag' attacks against Palestinian villages and area security forces demonstrating that finding an accord is still a long way off. According to the Hebrew news site site Kipa Od Yosef Hai has demanded that Israel's Prime Minister Benjamin Netanyahu and the army “immediately and completely cancel the terror monstrosity known as the ‘Oslo Agreements,’ and bring back Jewish control over Nablus and the rest of Israel.”

The yeshiva's, rigid stance underscores that shared religious sites in the Holy Land revered by both Jews and Muslims, and that anchor competing religious and national identities have been, and will remain, physical and diplomatic battlefields for Israel and Palestine. Rooted in strife, the significance of sites like Joseph's Tomb and Temple Mount/Haram el-Sharif, one of the most important religious sites in the Old City of Jerusalem, magnify the religious significance of the location.  This gives them symbolic and strategic importance in the political tensions making them vulnerable during the ongoing Israel-Palestine conflict.

Protecting heritage symbols like Joseph's tomb in spite of heightened religious and ethnic tensions will requires cooperation not just between Israeli and Palestinian political leaders and security authorities, but also the area's joint religious leaders who serve to shape the meaning and value that sacred places hold for believers and the attitudes of their respective followers.





October 16, 2015

The 2016 World Monuments Watch List

Yesterday, World Monuments Fund (WMF) President and Chief Executive Officer Bonnie Burnham announced the 2016 World Monuments Watch List. Established in 1996 and published every two years, the list brings to the fore diverse archaeological, architectural, and cultural sites at risk from an array of threats, ranging from forces of nature, development, climate change, natural decay and political upheaval.  This year's list features 50 sites in 36 countries. 

Some of those spotlighted include:

This year's list also included the Unnamed Monument which acknowledges the deliberate damage and destruction of thousands of cultural heritage sites in areas of political and social instability. This monument "seeks to shift the focus to local populations who are losing their cultural heritage and history, and away from our own outrage, which plays to the propaganda of those who are perpetrating this damage."   

Find the full 2016 World Monuments Watch List and more information at the World Monument Fund's website.

By Kirsten Hower