The Weiss Case: Pleading Guilty to Getting Duped

Two "genuine fake" ancient coins

My grandfather once had a shiny piece of jewelry (I think it was a cubic zirconia pinky ring) which he would describe as a "genuine fake diamond ring". He would say it fast enough that if you weren't listening close you thought he would just say 'genuine'.

Early this year a prominent physician, Arnold Peter C. Weiss, was arrested and charged with dealing in recently looted coins. Last week Weiss pleaded guilty to three counts of attempted criminal possession of the coins. He thought they had been recently excavated. But they were in fact modern forgeries—a predictable consequence of not asking enough questions about the history of these objects before their acquisition. Unlike Charles Stanish, who is heartened by these fakes which don't cause the looting of a site, I think these fakes do pollute our understanding of the past and defraud our collective cultural heritage.

Chasing Aphrodite reports that as part of the plea agreement reached with the Manhattan District Attorney's office, the defendant must serve 70 hours of community service, forfeit 23 other ancient coins seized, and pay a $3,000 fine. But he has some writing to do as well:

The court also required Weiss, the former treasurer of the American Numismatic Society, to write a detailed article in the society’s magazine detailing the widespread practice of dealing in coins with unclear ownership histories. It will describe the corresponding threat to the archaeological record and propose solutions for reforming the coin trade. In a statement, a spokeswoman for the Manhattan District Attorney’s office said, “Thanks to today’s disposition, the article to be written by the defendant for a coin trade magazine will raise needed awareness about unprovenanced coins, and will promote responsible collecting among numismatists.”

It should be a real page turner. I suspect Matthew Bogdanos, the Manhattan assistant DA had much to do with that writing assignment.

Paul Barford notes of the fakes:

Those coins always looked to me suspect, too fussy and the Akragas looked like it was a copy of another in a published collection, but who am I to question what the US authorities are up to, eh? (back in January, I was asked to keep my suspicions to myself, so did, but glad to see I am not going crazy). Anyway it turns out that those "priceless ancient coins" "weren't worth a wooden nickel".

Rick St. Hilaire thinks this case may be the start of increased use of state laws to police the illicit antiquities trade:

Indeed, all fifty states have receiving stolen property laws on the books, which can be applied in cases where a person is in criminal possession of stolen cultural property. The states also have "attempt" laws, which would cover a person's attempt to possess stolen cultural property or possession of forged cultural property believed to be authentic. Beyond these statutes, the states maintain consumer protection laws with applicable penalties to guard against the appearance of fraudulent and stolen items in the marketplace. The states also have nonprofit enforcement statutes that may be applied to specific cultural institutions or boards of directors that acquire illegal art, archaeological finds, or ethnological artifacts.

Let's hope so. But the same obstacle to state prosecutions exists for federal prosecutions as well. The trade makes it terribly difficult to gather sufficient evidence to establish wrongdoing in an anonymous trade. Bogdanos has been looking hard for a dodgy antiquities dealer to prosecute since the Baghdad museum looting. He has one now. But Weiss was duped by the under-regulated antiquities trade. Perhaps that notion will cause him to sit down to write his assignment with some real vigor (Peter, if you are reading, I'm happy to read a first draft). 

Hecht Trial Ends With a Whimper as Well

“I am not proud to say that Italian justice is slow. It is mortifying.”

So says Paolo Grigio Ferri, the prosecutor who helped build the case against Marion True and Robert Hecht, and also helped secure the return of many objects looted from Italy in recent decades. He was referencing the trial of antiquities dealer Hecht which has ended in Rome as a panel of three judges ruled the five-year statute of limitations expired. This was the same anticlimactic result which ended the trial of Marion. True and Hecht will not have the courtroom certainty of guilt or innocence attached to their names, though many of the important objects they acquired and exchanged have been returned to Italy.

From Elisabetta Povoledo's report:

The court ruling, issued Monday, came in response to a request from Mr. Hecht’s lawyer to dismiss the case because the statute of limitations on the charges had elapsed in 2011. The lawyer, Alessandro Vannucci, said he had hoped the trial would fully exonerate his client, who has always maintained his innocence, “but it was cut short.” This decision “does not do Bob justice,” he said, using Mr. Hecht’s nickname. The judges did not express an opinion on culpability or innocence. But they ruled that a series of objects that had been confiscated from Mr. Hecht’s homes should return to their “rightful owner,” which was identified as the Italian state, a decision Mr. Vannucci said he would contest.

1. Elisabetta Povoledo, Italian Trial of American Antiquities Dealer Comes to an End, ArtsBeat, January 18, 2012, http://artsbeat.blogs.nytimes.com/2012/01/18/italian-trial-of-american-antiquities-dealer-comes-to-an-end/ (last visited Jan 18, 2012).

Looting and Criminal Sentencing in the Four Corners

The Butler Wash Ruins near Blanding, UT

More and more of the Four Corners antiquities cases are entering the sentencing phase, and I want to highlight two profoundly different reactions.

First, Kimberly Alderman (an Assistant Clinical Professor at the University of Wisconsin Law School) argues:

It’s readily apparent that federal prosecutors overcharged the cases in an attempt to justify the immense resources that went into the investigation. One has to wonder if that contributed to the suicide death of Dr. James Redd, who in his medical practice served less advantaged communities in Utah. . . . Illicit excavation is only one misuse of “sacred artifacts.” Another is to use them to justify a witchhunt that serves only government propaganda.

Taking a very different view, Cindy Ho of SAFE argues instead that:

Receiving probation of three- and two- years and a fine of $2,000 and $300 respectively, Jeanne and Jericca Redd joined a number of other defendants who receive a mere slap on the wrist for their contribution to the destruction of cultural heritage and human remains.

In response, SAFE sent a letter (see full text below) to Judge Waddoups expressing our disappointment that the sentencing guidelines were not appropriately followed. Most importantly, that "the leniency shown to the Redds sends the message that such laws are unimportant or do not apply to the Four Corners region, and will encourage rather than deter looters." We did not receive a response from the Judge.

Stronger sentencing and custodial prison terms are poor measures for how seriously judges and the legal system take the looting of ancient sites. And placing the blame squarely on the shoulders of the sentencing Judge here misses the point I think. If you are really upset at the sentences (and I'm not sure you should be) blame should also be placed on the Federal Prosecutors. An axiom of criminal law every law student learns very early is that when defendants plead guilty, they will always receive a decreased sentence. Circumstances such as the personal circumstances of a defendant, their contriteness, and the violent or serious nature of the crime are also considered. One would be hard pressed to imagine a more sympathetic pair of defendants—a Mother and Daughter whose Father and Husband had committed suicide in the wake of the indictment. The U.S. Attorney's in this case pursued a strategy of seeking guilty pleas for many of the defendants, particularly as their witness (and two of the defendants) committed suicide.

These sentences are about the best that could be hoped for. These are not the first prosecutions in the area, but unquestionably these are exceedingly difficult crimes to prosecute and investigate for two reasons. First, the sites are remote and catching the looters in the criminal acts will always be a difficult and expensive proposition. Second, there is noting about the antiquities market which encourages giving the history of objects. Without a consistent way to adequately differentiate licit from illicit objects, the black market will continue to be profitable. Archaeologists and heritage advocates need to ask themselves a hard question: is prohibition working? We can point fingers at collectors and dealers, but this 'superindictment' in the Four Corners region is what enforcement will look like for the foreseeable future.

Two Guilty Pleas in Four-Corners Antiquities Investigation

On Monday two pleaded guilty to stealing government property and violating the Archaeological Resources Protection Act.  Both Brent Bullock and Tammy Shumway had been among those indicted during a federal investigation into looting Native American sites in the Four Corners region in the Southwest.  From the AP:

Bullock, 61, sold several ancient Indian items to an undercover operative in 2007, including a blanket fragment for $2,000 and a hoe-like tool for $500, according to court documents. He also offered to sell several ceramic figurines taken from U.S. Bureau of Land Management land.

Bullock said he wanted to sell the items because he was in debt, according to a search warrant affidavit.

Investigators said Bullock acknowledged to the informant that the items came from public land in Utah but filled out paperwork saying they were from private land in Colorado.

Shumway, who introduced Bullock to the informant, was charged because the 40-year-old woman aided and abetted the deals and signed a falsified paper about the items' origin as a witness, federal officials said.

In U.S. District Court on Monday, Bullock and Shumway acknowledged they knew the items had been illegally dug up from public land in Utah. As part of a plea deal, they each pleaded guilty to one count of trafficking in stolen artifacts and theft of government property. Prosecutors agreed to seek a reduced sentence. 

A couple points which might not be evident from some of the coverage of these plea deals.  First, sentencing will occur in July; and the AP piece notes the maximum sentence is 12 years in prison.   Neither of these defendants will likely receive anything close to the statutory maximum.  That is because when a defendant enters into a plea deal, they do so in most cases to achieve a recommendation from prosecutors on sentencing; which will often fall far below the maximum sentences.  This should not be construed as authorities in the United States not taking these crimes seriously—rather a reflection of the general criminal procedures when plea agreements are reached. 

Second, Tammy Shumway is the widow of Earl Shumway, a notorious antiquities looter.  Shumway became a national figure in the 1980's, who boasted that he began looting at three years old with his father.  He sold a large collection of over thirty prehistoric baskets and sold them for a great deal.  Though he was prosecuted for selling those baskets, he cooperated with authorities and only received probation.  He went right back to looting, using a helicopter and even lookouts to avoid authorities.  He boasted to the media that he could never be apprehended.  Though he was not caught in the act of looting, authorities did secure a conviction using DNA evidence found on Mountain Dew soda cans he left in the areas he looted.  In 1995 he received a 5-year prison sentence which sent a message that Federal agents and prosecutors took this kind of crime seriously. 

1. Timothy Egan, In the Indian Southwest, Heritage Takes a Hit, N.Y. Times, November 2, 1995.
2. Mike Stark, 2 Utahns plead guilty in sweeping artifacts case, AP, March 29, 2010.

True/Hecht Trial Continues Slowly

The trial of Marion True and Robert Hect continued last week in Rome.  The prosecution is now in its fourth year.  From the New York Times:

Focus shifted to the dealer, Robert Hecht, who has been accused along with Ms. True of conspiracy to traffic in antiquities looted from Italian soil. Both defendants deny the charges. Daniela Rizzo, an archaeologist, presented documents and photographs of artifacts that prosecutors contend passed through Mr. Hecht’s hands. Mr. Hecht’s lawyer said his client disputed the case made by prosecutors for the provenance of each object. Several objects sold by Mr. Hecht to institutions like the Getty and the Metropolitan Museum of Art have been returned to Italy.

 Italian court proceedings can be extremely slow, so this may not be that extraordinary.  One wonders at this point though, what are the consequences for Italy and other nations of origin if the defendants are not guilty? 

Mardirosian Guilty

Robert Mardirosian was found guilty by a jury yesterday in US District Court in Boston. From the Boston Globe:

Mardirosian, 74, who faces a maximum of 10 years in federal prison, sat impassively as each of the 12 jurors individually agreed with the verdict in response to a defense request to poll the jury.

"I expected it," the silver-haired, mustachioed defendant told a reporter outside the courtroom afterward. But, he added, "I think we've got a good appeal."

Assistant US Attorney Jonathan F. Mitchell asked US Chief District Judge Mark L. Wolf to immediately detain Mardirosian, who has been on home confinement in East Falmouth and is scheduled to be sentenced Nov. 18. Mitchell said Mardirosian poses a risk of flight because he faces a potentially long sentence.

Brian Fitzsimmons, one of Mardirosian's lawyers, countered that Mardirosian voluntarily returned to the United States from France in February 2007 to surrender to authorities and has never missed a court date. He also said his client has a good chance of getting his conviction overturned on appeal.

Returning, Recovering and Punishing

Three stories caught my eye this morning:

First, Police in Sao Paulo have recovered a Pablo Picasso print that was stolen back in June (mentioned earlier here). The police have already recovered three other works. Details are thin, but what often takes place in these kinds of recoveries is thieves or their agents will offer to sell a portion of a group of stolen works, holding the remaining works as a kind of collateral against possible arrest.

Second, the FBI in its continuing investigation into the William M.V. Kingsland collection is trying to track down the owners of 300 works. This work, Riders in a Landscape by Henry Aiken (~1840) is included in the collection. You can read more about the rather bizarre Kingsland collection here. If you have any information on the Kingsland collection, you can contact FBI Agent Wynne at 7182867302, or by email at James.Wynne "at" ic.fbi.gov.

Finally, in the Mardirosian trial, Federal District Court Judge Mark Wolf dismissed a stolen transportation charge as the NSPA does not in his view apply to a transfer between Switzerland and England. He does still face a charge for possessing or concealing the stolen works though.