Art
Appeals court rules Spanish museum can keep looted Nazi art – Times Colonist
LOS ANGELES — A U.S. appeals court has ruled that a Camille Pissarro painting a Jewish woman traded to the Nazis to escape the Holocaust in 1939 may remain the property of a Spanish museum that acquired it more than a half-century later.
The unanimous ruling issued Monday by a three-judge panel of the 9th U.S. Circuit Court of Appeals is the latest — but possibly not the last — in a case that has wound through the courts of Spain and the United States for 20 years.
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At stake is “La Rue St. Honoré, effet de Soleil, Après-Midi, 1898,” an oil-on-canvas work of a rain-swept Paris street that Pissarro painted as he gazed at the scene from his hotel window. Its value has been estimated at $30 million.
Lilly Cassirer’s father-in-law bought it directly from Pissarro’s art dealer and left it to her and her husband when he died. In 1939, she traded it to the Nazis in exchange for exit visas for herself, her husband and her grandson, who eventually settled in the U.S. Her great-grandson, David Cassirer of San Diego, has continued the litigation since his father’s death.
Neither Cassirer’s heirs nor Spain’s Thyssen-Bornemisza Museum dispute the painting’s early history.
What’s at issue all these years later is whether Baron Hans Heinrich Thyssen-Bornemisza made any serious effort to determine the painting was looted art when he acquired it from a New York gallery owner for $275,000 in 1976.
Also whether Spanish curators did their due diligence in tracing its provenance when a Spanish non-profit foundation acquired it and hundreds of other paintings from the baron’s collection in 1992 and created the Madrid museum that bears his name.
Lilly Cassirer’s heirs say she spent years trying to recover the painting before concluding it was lost and accepting $13,000 in reparations from the German government in 1958.
It wasn’t until 1999 that her grandson, Claude, who had vividly recalled seeing it hanging in the family’s German home, discovered it in the Madrid museum. After Spain refused to hand it over, he sued.
Attorney Thaddeus Stauber, who has represented the museum since the case reached U.S. courts in 2005, hailed Monday’s decision, noting that the painting was sold and resold to numerous legitimate and prominent collectors over the years before the baron obtained it, with none discovering it had been seized by the Nazis.
He said there also appeared to be no effort by Thyssen-Bornemisza or any other collector to hide it from the public.
“We’ve been transparent from the start of this case, and we’re very pleased that there’s been a trial now and it brings it to a conclusion, we trust,” he said Tuesday.
He did say the Cassirer family may appeal to the full 9th Circuit or even the U.S. Supreme Court.
The family did not respond to a request for comment Tuesday, but the president of the Holocaust Survivors Foundation USA denounced the decision.
“The Nazis murdered more than 6 million Jews, including 1.5 million children under the age of 12, and including 105 members of my family,” David Schaecter said. “How on God’s Earth can Spain fight so hard to deny a Jewish family its precious legacy that was looted by the Nazis? And how on God’s Earth can an American court ignore the unprecedented trauma of the Holocaust and reward Spain for its greed?”
Both U.S. District Judge John Walter, in a 2019 ruling, and the appeals court in Tuesday’s, criticized the baron and the Spanish foundation for not doing more to discover whether the painting was looted art. But both courts concluded there was no proof either deliberately hid that it was.
Both courts also criticized Spain for not living up to what the courts called “moral commitments” to return Nazi-looted art.
“It is perhaps unfortunate that a country and a government can preen as moralistic in its declarations, yet not be bound by those declarations. But that is the state of the law,” the appeals court said in its ruling.
Art
Calvin Lucyshyn: Vancouver Island Art Dealer Faces Fraud Charges After Police Seize Millions in Artwork
In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.
Alleged Fraud Scheme
Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.
Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.
Massive Seizure of Artworks
In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.
Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.
Artwork Returned, but Some Remain Unclaimed
In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.
Court Proceedings Ongoing
The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.
Impact on the Local Art Community
The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.
For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.
As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.
While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.
Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.
As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.
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Ukrainian sells art in Essex while stuck in a warzone BBC.com
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The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”
On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.
Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”
The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.
Blaze in the West Wing
The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.
About Somerset House
Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.
Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.
Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.
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