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Showing posts with label Jaume Bagot. Show all posts
Showing posts with label Jaume Bagot. Show all posts

November 27, 2023

Marking the return of 12 pieces to Libya recovered from Spanish gallerist Jaume Bagot of J. Bagot Arqueología

Image Credit: Archaeology IN - Libya

Following the order of the Central Court of Investigation number 6 of Madrid on 24 November 2023, it was announced last week that Spain had provisionally delivered a grouping of antiquities including four marble sculptures and eight mosaics, recovered during Operación Harmakis to the Libyan authorities at the country's  embassy in Spain.  

Hardly covered in the English speaking press, the pieces were formally transferred at a ceremony held at the Intercontinental Hotel in Madrid, the pieces were delivered to Mohamed Alfaloos, the general director of Museums and Archeology of Libya, and representatives of the ministries of Culture and Foreign Affairs.  Seized during investigations conducted by Spain's law enforcement authorities, each of the artefacts has been earmarked by the Court as having been looted in the North African country, coming from Balagrae (modern day al-Bayda), Apollonia (modern day Marsa-Susa), and the UNESCO World Heritage site of Cyrene (near modern day Shahhat).   They will remain at the Libyan embassy in Madrid, in the custody of the Libyan ambassador to Spain, Walid Abu Abdulla, as per the court's ruling, until the legal case surrounding them has concluded. 

The recovery of these artefacts dates back to late March 2018, when, after three years of investigations involving some fifty law enforcement officers, including the Spanish Policía Nacional, the UDEV Central de la Comisaría General de Policía Judicial and the UCIE de la Comisaría General de Información formal charges were brought against ancient art dealer Jaume Bagot and his partner Oriol Carreras Palomar.  During which, the pair were taken into custody under suspicion for their alleged participation in a crime of financing terrorism, belonging to a criminal organisation, concealment of contraband and use of forgery for their roles in facilitating the sale of illicit antiquities.

During the 2018 Harmakis action, five property searches were conducted, three in Barcelona and two in Argentona, with police inspecting a restoration studio, a deposit/warehouse where the artworks were stored, Bagot's residence and his Barcelona art gallery and the home of Oriol Carreras Palomar.  During the execution of these search warrants, artefacts from multiple countries and circulation documentation were retained by police as evidence in a criminal investigation. 

On March 28th of that same year, the Policía Nacional in Barcelona released a video which depicts part of the searches in which some of the objects sequestered during their investigation can be identified. In this opensource video, some of the mosaics handed over to the Libyan authorities can be seen beginning at 0.38 seconds into the video.  In addition, the marble head of Demeter is depicted from 0.58 until its boxing at 1.11 and the Roman togatus can be seen at 1.19. 

Answering to the charges in Spain, Jaume Bagot and Oriel Carreras appeared before Judicial Magistrate Diego de Egea of the Central Court of Instruction Number 6 of the National Court on March 26, 2018 where each were formally informed of the allegations and charges pending against them.  During the hearing the magistrate granted both men release pending trial, while imposing a financial surety (bond) of €12000 and a series of pretrial release conditions which include the forfeiture of their passports, a mandate to remain within the territory of Spain, and biweekly court appearances as conditions of their release while awaiting trial.

Standing by the all too familiar, I didn't know approach, which has, for so long, contributed to some of the challenges of prosecuting individuals for the illegal trafficking of cultural objects,  Bagot pleaded his innocence in handling blood antiquities in an March 30, 2018 interview with Crónica Global Media.  When asked the carefully-worded question --Do you claim not to have bought any objects from sellers in Iraq, Libya or Syria?  The Spanish dealer responds cleverly:

Never in life. What they intend in the Civil Guard report - to which I have not had access because it is confidential - is to make the judge see that I transported these objects or that I was in charge, through third parties, of moving them from a country. in a conflict zone to another country where there is legality to buy them legally in order to justify the operation.

The police say that I have expressly arranged to buy an object in Libya, take it to Dubai and sell it in Spain. But this is not the case, I don't know any people from Libya, nor do I have any contacts in Libya or anything.

What the Barcelona dealer failed to acknowledge in his interview was that he has bought artefacts coming from conflict and post conflict countries, via intermediary sellers, in multiple countries, who are known for brokering the sales of ancient objects from countries plagued with political and civil upheaval including, in this case, funerary sculptures of Cyrene in Libya.  This demonstartes, once again, that the routes laundered "blood antiquities" travel can be circuitous and that the international flow patterns conflict, and post conflict, antiquities travel often involve intermediary countries with willing middlemen.  This allows bad acting dealers in market country galleries to profess their purchases to these third-parties were made in good faith.  That is, until officers leading investigations gather evidence which proves definitively otherwise. 

Let's not forget that the 10th section of the Rome court in Italy sentenced Jaume Peix Bagot to 4.5 years of incarceration for his handling & laundering of the second-century headless Roman sculpture depicting the Muse Calliope which had been stolen from actor Roberto Benigni's villa in 2010.  That sculpture was identified in Spain with the dealer in April 2019 and was identified as part of a multinational investigation conducted by the Spanish authorities and Italy's Comando Carabinieri per la Tutela del Patrimonio Culturale who also recovered another sculpture in  the posession of another Spanish dealer that had been stolen from Villa Borghese.

ARCA would like to close this blog post with a reminder to its collecting readers that the market for illicit antiquities operates within the framework of basic economic principles, where the scarcity of authentic material and supply and demand dynamics play a pivotal role in incentivising the clandestine trade in ancient artefacts.  As the demand for antiquities by collectors, private investors, and museums increases, this buying power in turn stimulates profiteering individuals to acquire more and more material, sometimes sourcing artefacts through individuals who engage in, or turn a blind eye to, where, or who, a sellable object comes from.

Collectors of ancient art who acquire archaeological material without conducting thorough scrutiny of the sellers, especially when encountering seemingly too-good-to-be-true items like a Hellenistic Greek marble head from a war torn country, inadvertently fuel a perpetuating cycle of illegal activities. Unchecked acquisitions also contribute to the ongoing destruction of archaeological sites, posing a threat to the preservation of our historical record. 

A more conscientious approach involves diligent research into the provenance and legal status of what a collector or museum are purchasing, accompanied by a proactive "Know Your Seller" strategy. This not only shields the purchaser from potential legal complications but also plays a pivotal role in disrupting the demand side of the illicit supply chain for cultural goods, particularly antiquities from conflict-ridden regions. 

Responsible acquisition practices can and does empower collectors to contribute actively to the protection of global cultural heritage. By prioritising the preservation of our shared human history over profit, collectors wield significant influence in fostering an art market characterized by ethical values and a genuine commitment to cultural preservation.

By:  Lynda Albertson

March 30, 2018

Illegal chains which mirror legal ones and function in the penumbra of the legal ones


While much has been discussed with regards to terrorism financed via the sale of plundered antiquities, substantiating claims with clear and defined ‘evidence’ is not straightforward. From the outside these networks are labyrinthine, multi-tiered and opaque.  From the inside militants and non-militant criminals are known to conduct illicit transactions with cash and cash alternatives which are, by their very nature, structured to fly below the radar of law enforcement authorities. This makes assessing their impact difficult to estimate and the detection and prosecution of criminals complicated. 

Even when uncovered, traffickers involved in the laundering of illicit antiquities usually haven't kept substantive incriminating paper trails that investigators can peruse.  This makes it difficult to determine what their profit margins are on the antiquities they launder.  Nor are people facing charges of laundering antiquities through the art market likely to be forthcoming with incriminating evidence that identifies who else has benefited from the layered transactions that occur from the time the object is looted from an archaeological rich region until the antiquity reached the identified via a collector, dealer, gallery, or auction house.

All this to say that those involved in the illicit market don't advertise their relationships with known criminals and the same holds even more true when the profiteering parties have direct or indirect business dealings with transnational criminal networks or militant organizations.  Additionally the economic behavior of terrorist groups and transnational criminal networks during conflicts share many of the same characteristics, methods and tactics.  Both operate in secrecy and little is known about how groups such as these coexist and, or, interact within the same geographic space.  

But like any legal supply chain does, an illegal supply chain matches supply with demand. So while much of our evidence of where the proceeds of transnational artefact crime finish is condemned by the market as being overly anecdotal, what we see clearly is from what regions illicit contraband flows.  From there we can extrapolate that illicit antiquities originating in countries of conflict, from zones where terrorists or militants have a controlling stake territorially, are by extension, a viable revenue stream for terrorism.

Where the two chains, the legal and the illegal, meet.


This month after almost three years of investigations, involving some fifty law enforcement officers, Spanish authorities have brought formal charges against two individuals for their alleged participation in a crime of financing terrorism, belonging to a criminal organization, concealment of contraband and use of forgery for their roles in facilitating the sale of illicit antiquities.

On orders from the Audiencia Nacional, a special high court in Spain with jurisdiction throughout the Spanish territory, as well as over international crimes which come under the competence of Spanish courts, Barcelona antiquities dealer Jaume Bagot and his partner Oriol Carreras Palomar are being investigated for their purported roles in illiit trafficking.  Both have been taken into custody for their alleged role(s) in the sale of Greek and Roman antiquities plundered from Libya and Egypt, which prosecutors believe were then being sold through the licit European art market purporting to be antiquities from historic collections.

Screen Capture: 
Youtube https://www.youtube.com/watch?v=XObAk1kDVp4
Answering to the charges, the pair appeared before Judicial Magistrate Diego de Egea of the Central Court of Instruction Number 6 of the National Court on Monday, March 26, 2018 where they were formally informed of the allegations against them. During the hearing the magistrate granted their release pending trial, imposing a financial surety (bond) and a series of pretrial release conditions which included the forfeiture of their passports, a mandate to remain within the territory of Spain, and biweekly court appearances as conditions of their release while awaiting trial.

Jaume Bagot established his gallery, J. Bagot Arqueología Ancient Art Gallery in 2005 in the heart of Barcelona.  According to his profile on the BRAFA art fair website, where he is a vetted dealer of ancient art, Bagot's firm specializes in the sale of art from the Etruscan, Greek, Roman and Egyptian civilizations, from Mesopotamia, the Middle East, Gandhara and from various Pre-Columbian cultures. No mention of Libyan cultural objects are mentioned in his BRAFA profile, and yet, police authorities in Spain have seized sculpture which originated from three cities of Libya: Albaida, Apolonia and Cyrene, some of which are believed to have been looted while the territory was under the control of Islamist militant groups.

Bagot's gallery is listed as a member of the influential dealer association C.I.N.O.A. (Confédération Internationale des Négociants en Oeuvres d'Art), as well as the F.E.A. (Federación Española de Anticuarios) where they list him as Jaume Bagot Peix, and where he is also identified as the vice-président of the  Professional Group of Antiquarians of the (Barcelona) Royal Shipyard (Asociación de Anticuarios de las Reales Atarazanas) 

In addition to forming strategic affiliations within the art market's important dealer associations, Bagot's gallery's "about us" page assures potential collectors that he is an ethical dealer by stating:

"Our main objective is to offer original ancient works of art guaranteeing their authenticity and maximum quality while at the same time strictly complying with the laws of protection of national, foreign and UNESCO heritage." 

and

"We also carry out exhaustive research into the provenance and previous ownership of the pieces. To this end we make use of the  data base [sic] of stolen objects, Art Loss Register, as well as making use of publications, sworn  statements, dated photographs, bills, customs documents and insurance policies."

All of which stands in stark contradiction to the apparent charges he now faces with the Spanish authorities of facilitating the sale of illicit antiquities from regions of conflict where terrorist actors might have been involved.

Criminal actors and investments in the legitimate art economy: 
The making of a case = Good (unfortunately usally unpaid) research.

As is all too often the case, some of the best evidence collected highlighting trends in the field of illicit trafficking, is research conducted by unpaid academics, as there has been little funding up until now, made available at the national or multinational level in market countries to financially support the type of in-depth specialized research required by provenance experts studying the flow of illicit objects onto the licit market.  This holds true as well for this particular Spanish investigation, which got its start thanks to an academic researcher.

During his PhD research on les sculptures funéraires de Cyrénaïque (the funerary sculptures of Cyrenaica), French historian, turned conflict antiquities researcher, Morgan Belzic, of the École Pratique des Hautes Études had been working with the French Archaeological Mission and Libya heritage authorities documenting antiquity in the northeastern part of modern Libya focusing on the cities of Shahat (Cyrene), Susa (Apollonia), Tulmaytha (Ptolemais), Tocra (Taucheira), and Benghazi (Euesperides/Berenike).

Looking at evidence useful for understanding the culture and history of ancient Cyrenaica, which thrived between the 6th century BCE and the 4th century CE, Belzic uncovered a worrisome correlation between the looting and destruction that has occurred over the past twenty years at the Greek necropoleis of Libya and an uptick in the number of ancient objects, identifiable solely to that specific region, appearing on the international art market. In conjunction with this increased availability of ancient material surfacing on the art market, he also noted that tomb destruction in the region had risen exponentially, in part as a result of the longstanding instability in the region, but notably over the last ten years in conjunction with items appearing in the market.

Speaking with Morgan about his research last summer, during an informal ARCA meeting of academic antiquities researchers, he told me that while the material remains, the alabaster, glass, and terracotta, found in the tombs of Cyrenaica could likewise be found in other Hellenistic regions, making it difficult to pinpoint the country of origin for looted antiquities of these types, the deities and funerary portraits of Cyrenaica are an exception.

Belzic explained that these sculptures are quite specific in their iconography and style, making it possible for experts, familiar with the sculpture of Cyrenaica, to objectively identify pieces from the region.  Then when these types of sculpture come on the market,  with limited documentation that does not match with existing established collections, one can begin to question their legitimacy and whether or not they may have come from ransacked tombs before making their way into some of Europe's prestigious galleries.

With two rival governments, and countless local militias in Libya, Belzic understood that the probability of staunching the flow of illicit objects following out of Libya could only be tackled by disrupting the demand side of the supply chain.  With that in mind, he turned his research over to law enforcement authorities in Spain who began their lengthy investigation building upon the foundation of his academic research.

In an interview with Crónica Global Media “JBP,” as the Catalan antiquarian prefers to be called, denies any direct involvement with purchasing antiquities from parties in Iraq, Libya or Syria.  He goes on to add that all the items in his inventory have been purchased in good faith, without knowing that the objects in question had been stolen or looted.  His statements imply that any illegal antiquities that made their way into his gallery's inventory did so by honest, unknowing mistake, rather than willful ignorance or a lack of due diligence.

Bagot’s statements are telling as they touch upon the legal framework, technicalities and procedural obstacles that the dealer may try to use in his defence and when fighting any cross-border restitution claim presented by Libya and Egypt in relation to the seizure of his merchandise. It is this culture of willful impunity, the eye's closed "I didn't know" approach which has, for so long, contributed to the challenges of preventing the illegal trafficking of cultural objects through the means of prosecution. 

Unless we establish mandated due diligence accountability for dealers, those who deal in the grey area of the market will continue to rely on the legal conceptualizations of property and ownership in countries favourable to their mercurial transactions.  

Last week I spoke at an UNESCO-EU-funded conference in Paris entitled “Engaging the European Art Market in the fight against the illicit trafficking of cultural property” where I recommended more dedicated public prosecutors and law enforcement officers assigned to focus on art crimes, and building capacity (i.e. funding) in support of experts dedicated to analyzing trafficking from regions at risk.   Belzic, who sat beside me, listened thoughtfully to Erika Bochereau, General Secretary of C.I.N.O.A. (Confédération Internationale des Négociants en Oeuvres d'Art) as she said “It is in the interest of dealers to work only in the licit trade because their business depends on it.”  

I wonder what the confederation's stance will be now that one of their members has come under prosecutorial scrutiny.  

By:  Lynda Albertson