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January 14, 1999

CONTENTS:

- Re: re: Stolen to Order (elaine schlefer)
- French court tells museum to surrender Klimt
- Imran says wife will fight 'fake' charge (Daily Telegraph)
- Vatican tangle over library 'sell-off' on Net (Times of London)
- Court: Smithsonian is not federal agency
- Rare Civil War flag recovered (Spokesman Review/Spokane.net)



From: elaine schlefer eschlefer@health.nyam.org
Subject:

Re: re: Stolen to Order

re: Stolen to Order
In 1977, my institution (New York Academy of Medicine) was robbed of a tapestry that was hanging in our library. Later in the year, two men entered our lobby and tore down a tapestry that was hanging there. In that same time period, tapestries were stolen from the Cathedral of St. John the Divine, and I believe from other places as well. This has always seemed to me a case of art stolen to order. We reported the theft and attempted theft to the NYC Police Department and to Interpol, but never heard anything more about it.


French court tells museum to surrender Klimt

10:54 a.m. Jan 12, 1999 Eastern
STRASBOURG, France, Jan 12 (Reuters) - A French court has ordered Strasbourg's modern art museum to return a painting by Austrian master Gustav Klimt to a Jewish family that claims it was stolen from them by the Nazis. The city promptly filed an appeal and has declined to hand over ``Die Erfuellung'' (Fulfillment), an ornate 1909 portrait of a woman in blissful embrace with her lover. The Museum of Modern and Contemporary Art bought the work, which measures 120 by 193 centimetres (47 by 76 inches), in 1959 and it has since become one of its best-known pieces. But the court on Monday sided with children of Austrian emigre Karl Grunwald, who said the Nazis stole the picture from him in 1940 after annexing Strasbourg and the Alsace region. Grunwald had moved to France in 1938, the year Hitler annexed Austria, and brought about 50 paintings with him. They were all confiscated and auctioned off in 1942 and 1943. The court ruled there was enough evidence to prove that ``Die Erfuellung'' had belonged to Grunwald, citing the fact that he had known leading figures of the Vienna Secession group, including Klimt, Egon Schiele and Oskar Kokoschka. It also noted that the stamp of the firm Grunwald hired to transport the artworks was on the back of the painting. An association acting on behalf of the Strasbourg museum bought the work in 1959 from the heirs of a local painter for just 500 francs ($90 at the present day exchange rate). The court said the association, which included the then director of Strasbourg's museums, had paid 30 times below the market value for the work. ``The defendant (Strasbourg city)...was happy to buy the disputed painting for a derisory price without seeking further information on the origin or history of this work,'' the court said in a written ruling.
Copyright 1999 Reuters Limited.


Imran says wife will fight 'fake' charge

BY CLAUDIA JOSEPH AND ZAHID HUSSAIN
JEMIMA KHAN has been charged in Pakistan with illegally exporting hundreds of antique tiles after the confiscation of a Christmas gift to her mother by customs officers. Mrs Khan, who has not been arrested and is currently in Britain, faces a six-month prison sentence and £60 fine if convicted. Yesterday her husband, Imran Khan, the former cricketer, who formed Pakistan's Movement for Justice party, accused the Government of political victimisation. "The case is fake," said Mr Khan, 46. "I will file a defamation case against the customs department, which has become a tool in the hands of the Government in victimising political opponents." Mrs Khan, 24, daughter of the late Sir James Goldsmith, had sent the 397 tiles to her mother in December when they were intercepted by customs officials. She said that the shipment, which she had bought in a market in Islamabad, was lawful because she had a receipt stating that the tiles were less than 50 years old. Customs officials said that they had referred the tiles to the local archaeological department which had declared that they were "of paramount archaeological interest and belonged to the Islamic era". They claim the tiles were originally stolen from an archaeological site.


(Times of London)

Vatican tangle over library 'sell-off' on Net

FROM RICHARD OWEN IN ROME
THE plot reads like a modern-day The Name of the Rose. The Vatican Library, which under generations of Popes acquired an unmatched collection of books and manuscripts, is engulfed in scandal and mystery. The library scandal, which has been brewing for more than a decade, came to a head over an attempt to swell Vatican coffers by selling the worldwide rights to images from the library's many treasures on CD-Rom, videos, computers and the Internet. At the heart of the affair is Fr Leonard Boyle, a genial and erudite Irish Dominican who was head of the Vatican Library for 14 years. Fr Boyle - who according to some insiders is as much the victim of the scandal as its perpetrator - was dismissed last year. It has now emerged that Fr Boyle had sold the rights to reproduce 150,000 Vatican manuscripts, plus other works of art, to two Californians with a history of bankruptcy. "It was like finding someone selling off St Peter's Dome," said Mgr Francesco Salerno, head of the Vatican's finance department. "My hair stood on end". The Vatican librarian negotiated a contract with Elaine Peconi, an exuberant marketing expert from California. In 1988, with Fr Boyle's backing, Mrs Peconi established a company called Belvedere Courtyard Enterprises, with the right to market images from the manuscripts. Under the deal, 40 per cent of the revenue went to Mrs Peconi and her associates in California and the remainder to the Vatican. Unknown to Fr Boyle, Mrs Peconi had been declared bankrupt in 1987, shortly before the Vatican deal was struck. Leroy Carver III, a Californian financier and property dealer, and former owner of a savings bank which had crashed with debts of $60 million, bought a 40 per cent stake in Belvedere Courtyard for $3 million, with the promise of more to come. But the revenues were disappointing, and Mr Carver fell out with Mrs Peconi, accusing her of using funds from the Vatican sales to build a villa - a charge she denies. He withdrew from the partnership and sued for a return of his investment - plus legal fees. Fr Boyle nonetheless signed a second contract with Mrs Peconi valid until 2024. At this point the Vatican stepped in and declared the contracts with Mrs Peconi null and void. Mrs Peconi is now suing the Vatican for breach of contract and claiming compensation for the lost contract.


Court: Smithsonian is not federal agency

WASHINGTON - The Supreme Court Monday let stand a ruling that says the Smithsonian Institution, which operates the government's museums in the nation's capital, is not a federal agency and therefore need not comply with a privacy-protecting law. The justices, without comment, rejected an appeal by a Smithsonian employee who says her privacy rights were violated in a disciplinary matter. Margaret Dong, a federal employee who works at the Smithsonian's Hirshhorn Museum and Sculpture Garden, sued the Smithsonian in 1994. She accused museum officials of violating her rights during an investigation of alleged misconduct. As part of her job, Dong serves as a courier when works of art are sent to other museums. Employees are supposed to get permission before performing such duties. Museum officials said Dong failed to get such permission in September 1993 before she served as a courier for a painting being shipped to a New York City museum. When her supervisors learned of the trip, they called museum officials in New York without first discussing the matter with Dong. After Dong's supervisors confronted her, she admitted taking the trip and received a five-day suspension. She sued the Smithsonian under the federal Privacy Act. Under the law, federal agencies cannot gather information about someone that might lead to negative consequences without trying to get the information directly from that person "to the greatest extent practicable." A federal judge ruled that the Smithsonian violated the privacy law. But the U.S. Circuit Court of Appeals for the District of Columbia reversed, saying the Smithsonian is not a federal agency because it does not exercise independent authority by making rules or determining people's rights. In the appeal acted on Monday, Dong's lawyers said the federal government has daily supervisory control over the Smithsonian. They said the lower court's ruling also could mean the Smithsonian is not covered by the Freedom of Information Act. Justice Department lawyers urged the justices to reject Dong's appeal, contending that the Smithsonian is a cultural institution that does not carry out regulatory functions performed by federal agencies.
The case is Dong vs. Smithsonian Institution, 97-1435. By The Associated Press


Rare Civil War flag recovered

(Spokesman Review/Spokane.net)
Philadelphia _ A rare Civil War-era American flag that represented a black regiment has been recovered with the arrest of a man authorities say is an unscrupulous dealer who tried to sell the artifact to an undercover FBI agent. The flag represented the 12th Regiment Corps d'Afrique, one of the first units composed of black soldiers in the Union army. It's been missing for at least 22 years after being stolen from an Army museum while en route to Fort Jackson, S.C. Charles Wilhite of Overland Park, Kan., was arrested Monday after meeting with the undercover agent at a hotel. He was charged with interstate transportation of stolen property and theft of major artwork, and faces up to 10 years in prison and a $500,000 fine if convicted. He was free on $50,000 bail. ``The significance of the flag is that it is one of the only U.S. Colored troop flags in existence,'' said Steven Wright, curator of collections at The Civil War Library & Museum in Philadelphia. ``These are unbelievably rare, and absolutely priceless historically.''



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