The Pearlstein perspective on the Khmer statue

In December 2013 it was announced that Sotheby's would be returning a Khmer statue to Cambodia. I have been reading William G. Pearlstein's "Buying and selling antiquities in today's market" (Spencer’s Art Law Journal, 3, 1, spring 2012). There is a section on the case and Pearlstein predicted:

Sotheby’s compliance director (a former U.S. prosecutor who worked with Zawi Hawass on the Schultz trial) was quoted to say, correctly, that the statue could have been exported at any point in time before or after Cambodian national ownership laws were in effect. A dispassionate analysis under McClain, Schultz and SLAM suggests that the Government should lose, given its failure to allege the date of export. [Emphasis mine]

Pearlstein correctly anticipated "The owner/consignor is at risk of losing its purchase price in the statue".

Comments

Cultural Property Observer said…

I agree Cambodia had a good moral claim, but that is different than a legal one. As Sotheby's threw in the towel before there was any decision on the merits, we will never know if Bill was correct. As I've observed first hand, the government are masters of stringing matters out and avoiding the merits of issues-- this wears down most litigants, even it seems one as powerful as Sotheby's. Here, also the government always held the possibility of a criminal action over Sotheby's-- and that too is a powerful disincentive to litigate.

5 January 2014 at 11:26

The scale of the returns to Italy

I have been busy working on an overview, "Returning Archaeological Objects to Italy". The scale of the returns to Italy from North American collections and galleries is staggering: in excess of 350 objects. This is clearly the tip of the iceberg when it comes to the material that has surfaced on the market without a history that can be traced back to the period before 1970.

I will provide more information in due course, but the researcher is a reminder that we need to take due diligence seriously when it comes to making acquisitions.

Stele returns to Greece

The Hellenic Ministry of Culture has announced (Saturday 8 September 2018) that a stele that had been due to be auctioned at Sotheby's in London in June 2017 has been returned to Greece (Friday 7 September 2018). The identification had been made by Cambridge-based forensic archaeologist Dr Christos Tsirogiannis.

It appeared that the stele had been supplied with a falsified history as its presence with Becchina until 1990 contradicted the published sale catalogue entry. It then moved into the hands of George Ortiz.

A year ago it was suggested that Sotheby's should contact the Greek authorities. Those negotiations appear to have concluded successfully.

The 4th century BC stele fragment, with the personal name, Hestiaios, will be displayed in the Epigraphic Museum in Athens. It appears to have come from a cemetery in Attica.

"Beating sites to death"

Policy decisions for protecting archaeological sites need to be informed by carefully argued positions based on data. Dr Sam Hardy has produced an important study, “Metal detecting for cultural objects until ‘there is nothing left’: The potential and limits of digital data, netnographic data and market data for analysis”. Arts 7, 3 (2018) [online]. This builds on Hardy's earlier research.

Readers should note Hardy's conclusion about his findings: "they corroborate the detecting community’s own perception that they are ‘beat[ing these sites] to death’".

Pieterjan Deckers, Andres Dobat, Natasha Ferguson, Stijn Heeren, Michael Lewis, and Suzie Thomas may wish to reflect on whether or not their own position is endangering the finite archaeological record.

Abstract
This methodological study assesses the potential for automatically generated data, netnographic data and market data on metal-detecting to advance cultural property criminology. The method comprises the analysi…

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