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“Beauty Provoketh Thieves Sooner than Gold:” Trends in Art ..., Study notes of Art

“Beauty Provoketh Thieves Sooner than. Gold”. Trends in Art Crime. ROBERT GICZY, SPECIAL AGENT, FEDERAL BUREAU OF INVESTIGATION.

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

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“Beauty Provoketh Thieves Sooner than
Gold”
Trends in Art Crime
ROBERT GICZY, SPECIAL AGENT, FEDERAL BUREAU OF INVESTIGATION
GARY STEIN, PARTNER, SCHULTE ROTH & ZABEL LLP
DEREK FINCHAM, PROFESSOR OF LAW,
LINDSEY LAZOPOULOS FRIEDMAN, MODERATOR
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“Beauty Provoketh Thieves Sooner than

Gold”

Trends in Art Crime

ROBERT GICZY, SPECIAL AGENT, FEDERAL BUREAU OF INVESTIGATION
GARY STEIN, PARTNER, SCHULTE ROTH & ZABEL LLP
DEREK FINCHAM, PROFESSOR OF LAW,
LINDSEY LAZOPOULOS FRIEDMAN, MODERATOR

Statutes used for Federal Criminal

Prosecution

 Art/Cultural Property Specific  Money Laundering, Title 18 U.S.C. § 1956  Wire Fraud, Title 18 U.S.C. § 1343  Theft from Interstate Shipment, Title 18 U.S.C. § 659  National Stolen Property Act/Interstate Transportation of Stolen Property, Title 18 U.S.C. §§ 2314, 2315  Theft of Major Artwork, Title 18 U.S.C. § 668  Illegal Trafficking in Native American Human Remains and Cultural Items, Title 18 U.S.C. §  Archaeological Resources Protection Act, 16 U.S.C. §§ 470aa-470mm

National Stolen Property Act/Interstate Transportation of

Stolen Property and Wire Fraud

United States of America v. James Meyer ,

S.D. N.Y. 13-cr-

Meyer, an assistant to Jasper Johns, sold works he took from Johns’ studio

 Charged with Interstate Transportation of Stolen Property and Wire Fraud  Sentenced to 18 months imprisonment  Restitution of $13 million  Forfeiture of $3.9 million

Meyer with Johns at Johns’ Connecticut studio

Theft of Major Artwork

United States v. Barry Landau and Jason James

Savedoff , D. MD. 11-cr-

 Defendants posed as researchers and stole documents and manuscripts from numerous museums, historical societies, and the Franklin D. Roosevelt Presidential Library, part of the National Archives.

 Stole more than 6,000 documents and included documents signed by George Washington, John Adams, Franklin Roosevelt, Marie Antoinette, Karl Marx and Sir Isaac Newton.

 Charged with conspiracy to commit theft of a major artwork

 Landau sentenced to seven years in prison and restitution of $46,525.

Wire Fraud & Money Laundering:

United States v. Jose Carlos Bernantinos Diaz, Jesus Angel

Bergantinos Diaz, and Pei Shen Qian , S.D.N.Y. 14-cr-

Rosales’ cooperation led to indictment

against leaders of major international art

fraud conspiracy and the artist creating the

forged works, Pei Shen Qian

 Defendants were charged with:  Conspiracy to Commit Wire Fraud  Substantive Wire Fraud  Conspiracy to Commit Money Laundering  Substantive Money Laundering  Conspiracy to Defraud the IRS  False and Fraudulent US Tax Returns  Willful Failure to File Reports of Foreign Banks and Financial Accounts  False statements to Federal Agents  Indictment seeks forfeiture of more than $33 million  Defendants fled to Spain and China

Attempt to Evade or Defeat Tax, 26 U.S.C. § 7201

 Eubanks ran “Fine Art Treasures Gallery,” selling fake artworks by Picasso, Dali,

and Chagall through a rigged televised art auction

 Charged with §371 Conspiracy to Commit Wire Fraud, Mail Fraud, and

Interstate Transportation of Stolen Property, and a substantive count of filing a

false income tax return.

 Sentenced to 84 months in Prison and forfeited more than $3.8 million dollars

United States v. Kristine Eubanks ,

C.D. Cal. 07-cr-

Civil Remedies

 District Court entered a permanent injunction, enjoining Defendants’ from sending any mailers or solicitations.

 Parties entered a consent decree requiring the defendants to forfeit their customer lists and information and prohibited defendants from retaining any copies of such information.

 United States sued for an injunction based on mailers that Defendants sent out, informing recipients that they had won pieces of art and other prizes, but need to pay a fee to claim the prize.

 Mailers included bogus certificates of authenticity

United States v. Eugene Marotta, Art Masters, LLC, Palm Beach Liquidation Gallery, and William Clutter , S.D. Fla. 18-cv-