Showing posts with label george grosz. Show all posts
Showing posts with label george grosz. Show all posts

Wednesday, April 01, 2015

Nazi Art Looting Program At Colorado Supreme Court - May 7, 2015

 
 
Looted Masterpieces:
The Ethical Implications of World War II Stolen Art
May 7, 2015 at 5:00 p.m.
 
Introduction by The Honorable Robert Bacharach,
U.S. Court of Appeals for the Tenth Circuit
 
Presented by Raymond J. Dowd
 
 
 
 
This seminar will give attendees an overview about art looting during the Second World War and how sales of stolen works bankrolled large parts of the Nazi war machine. Attendees will also learn about laws that were passed in the wake of the looting, to return stolen art to its rightful owners, and the extent to which those laws have been successful. 
 
1 Ethics and 1 General Hour of Colorado CLE Credit
Thursday, May 7, 2015
Registration  opens at 4:30 pm.
Introduction:  5:00 pm –  5:15 pm
Presentation:  5:15 pm-6:15 pm
Reception: 6:15 pm – 7:15 pm
Location:   The Colorado Supreme Court 2 East 14th Avenue Denver, CO 80203
 
Mr. Dowd is a partner in the law firm of Dunnington Bartholow & Miller LLP in New York City. His legal practice centers on litigation in federal and state trial and appellate courts, arbitration, and mediation. Notable cases in which he has acted as lead counsel involve art law, copyrights, trademarks, cybersquatting, privacy, trusts and decedents estates, licensing, corporate and real estate transactions. He has litigated questions of Austrian, Canadian, French, German, Italian, Russian, and Swiss law.

 

Registration Information

Name: __________________________________________

Firm:    __________________________________________

Address: ________________________________________

                 ________________________________________

Phone No.:  _____________________________

 

Registration Fee includes wine and cheese reception.

FBA Member □ $25                       Non Member □ $35

Send check payable to the Federal Bar Association Colorado Chapter

by May 4, 2015 to:  FBA Colorado Chapter, P.O. Box 13966, Denver, CO 80201

 

Cancellations received by 5:00 p.m., three business days before the seminar will receive a full refund; less than three business days prior to the seminar will be refunded less a $10 administrative fee; no shows will not receive a refund.

 
CLE Committee Co-Chairs Mimi Tsankov, Board Member,

and Margaret Cordova, President, FBA Colorado Chapter

For information on FBA Colorado Chapter membership, events and programs, please visit our website at www.fedbar.org.  Email:  fedbarcolorado@gmail.com.



www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2014-2015) by Raymond J. Dowd
 Copyright Litigation Handbook on Westlaw

Monday, March 09, 2015

Nazi Looted Art: Cases, Ethics and Law - March 24, 2015 Westchester Women's Bar Association




Nazi Looted Art: Cases, Ethics and Law


Presenter: Raymond Dowd, Esq.  
With last year’s film Monuments Men, the upcoming Woman in Gold starring Helen Mirren and Ryan Reynolds, and with the documentary The Rape of Europa on PBS, the story of Adolph Hitler’s art looting program is finally gaining Hollywood’s attention. A find of 1,400 artworks in Munich last year in the possession of Cornelius Gurlitt, the son of one of Hitler’s art dealers, raised an international firestorm. But the unfinished business of World War II remains unfinished, with governments and families continuing to trace stolen artworks that are hidden in public and private art collections worldwide. With D.A. Robert Morgenthau’s seizure of Egon Schiele’s Portrait of Wally and Dead City III in 1998, world attention focused on the topic. Speaker Raymond J. Dowd of Dunnington Bartholow & Miller LLP brought the first federal Holocaust-era Nazi art looting case to trial in the Southern District of New York and argued it twice to the Second Circuit. In an entertaining and art-filled lecture, he will present the law, the history and the ethical concerns that continue to face our courts today.

Date: Tuesday, March 24, 2015
Time: 6:00 p.m. - 6:30 p.m. Registration and Networking
6:30 p.m. - 8:00 p.m. Program
Place: Toscana Ristorante
214 Main Street, Eastchester, NY 10707
Fee: $55.00 for WWBA members, $65.00 for non-members.

Dinner; cash bar

RSVP: By March 19h, 2015 to
Executivedirector@wwbany.org
1.5 CLE Credits (includes 0.5 hr. Ethics)1
Attendance limited to WWBA and WPBA members and their invited guests.
www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2014-2015) by Raymond J. Dowd
 Copyright Litigation Handbook on Westlaw

Wednesday, January 14, 2015

Dunnington Partner Raymond J. Dowd to Keynote NYS Bar Association Trusts & Estates Event

 
 
 
Dunnington Partner Raymond J. Dowd will present the luncheon keynote lecture at the annual meeting of the Trusts and Estates Law Section of the New York Bar Association on January 28, 2015.  The Trusts and Estates Law Section is one of the largest sections of the New York State Bar Association, and its annual meeting attracts over six hundred attendees.  Mr. Dowd will address the topic Nazi Art Looting, Stolen Art and Our Museums: Why The Ghosts of The Past Still Haunt Us.  Tickets to the luncheon are available through http://www.nysba.org/Trusts/.

The Controversy Over Stolen Art In U.S. Museums

Why do American museums contain stolen European artworks acquired during and after World War II?  The National Stolen Property Act and comparable state laws have criminalized transporting, receiving and concealing stolen property for decades, yet the problem persists.  The keynote address will explore the reasons for this and the implications for trusts and estates practitioners.  

The Payne-Aldrich Tariff Act of 1909 cleared the way for America’s wealthiest citizens to import a vast collection of European art into the United States tax-free.  In the 1930s, a dispute between Andrew W. Mellon and the Internal Revenue Service resulted in the allowance of a tax deduction for the fair market value of art donated to U.S. museums. 

Following World War II, affluent American collectors clamored for bargain-priced art to donate to U.S. museums in exchange for substantial reductions on their personal income taxes.  Nazi spoliations and the murders of millions of Jews and others meant that the international markets were flooded with cheap, albeit stolen, artworks.  From 1945 through the early 1960s, the U.S. State Department issued warnings to U.S. museums, collectors, and dealers, advising them not to acquire artworks without solid provenance and requesting that they assist the U.S. in recovering artworks belonging to European citizens.  These State Department warnings were ignored by museums hungry to build world-class collections of European art.  Their donors, buoyed by a strong dollar, bought stolen art on the cheap and took massive tax deductions based on sale prices of comparable pieces from the latest auctions. 

The loophole in the tax code incentivizing donations of stolen art persists today, raising profound questions of tax fairness and abuse of not-for-profit corporations nationwide.  As a result of this breach of the public trust, the American public continues to subsidize museums with tax breaks yet will inherit collections tainted by stolen or undocumented artworks.  As U.S. museums have repeatedly acknowledged, the problem of artworks lacking appropriate provenance documentation in U.S. museums is a tremendous one, raising serious questions about the stewardship of our nation’s museums.





Over the last decade, Mr. Dowd has represented a number of heirs of Holocaust victims and owners in trying to reclaim artworks stolen during World War II faced with laches defenses.  In 2006, Mr. Dowd was retained by the heirs of artist George Grosz to recover three artworks at the Museum of Modern Art stolen from Grosz’s Jewish art dealer Alfred Flechtheim shortly after Grosz fled in January 1933 to New York, where he taught at the Art Students League on 57th Street.  Grosz was declared “cultural enemy number one” by the Nazis, who were enraged by Grosz’s caricatures of Hitler and other prominent party members.  Flechtheim’s inventory of Grosz artwork was stolen (“Aryanized”) in 1933.  Mr. Dowd sued on April 9, 2009, within three years of the MoMA’s trustees refusing to return the artworks.  Under New York’s traditional “demand and refusal” rule, the suit was timely.  However, the Southern District of New York found an “implied refusal” because the MoMA had spent a lengthy amount of time in settlement discussions.  Grosz v. MoMA, 772 F.Supp.2d 473 (S.D.N.Y. 2010).  Mr. Dowd went all the way to the U.S. Supreme Court in challenging this ruling.  403 Fed.Appx. 575 (2d Cir. 2010); 132 S.Ct. (2011)(denying cert.).  MoMA continues to resist sharing evidence necessary for the heirs to demonstrate that the artworks were stolen from Alfred Flechtheim and laundered through Curt Valentin, an agent for the Nazis operating in New York.

In 2008, Mr. Dowd was lead trial counsel in the Southern District of New York the first Holocaust-era art case in U.S. federal court history ever to go to trial: Bakalar v. Vavra, 2008 WL 4067335 (S.D.N.Y. 2008).  The trial judge applied Swiss law to give a 1964 purchaser good title to the artwork.  Mr. Dowd successfully appealed to the Second Circuit, obtaining a reversal and remand for the trial judge to consider evidence of Nazi looting in the record and to apply New York law.  619 F.3d 136 (2d. Cir. 2010).  The trial judge, in decisions affirmed by the Second Circuit Court of Appeals, excluded an expert report by Dr. Jonathan Petropoulos concluding that the artworks were looted from Fritz Grunbaum by the Nazis and instead decided that although the purchaser could not show good chain of title, Grunbaum heirs’ claims were barred by the doctrine of laches, despite there being no evidence that the family knew that any artworks had survived World War II.  819 F. Supp.2d 298 (S.D.N.Y. 2011) aff’d 500 Fed. Appx. 6 (2d Cir. 2012), cert. denied 133 S.Ct. 2038 (2013).  Grunbaum’s heirs continue to advocate for the consideration by the authorities of the expert evidence of Nazi looting of Grunbaum’s collection and for restitution to be made.





On November 4, 2014, Mr. Dowd succeeded in recovering for the heirs of Fritz Grunbaum Town on the Blue River (1910), a watercolor drawing by the Austrian artist Egon Schiele which was auctioned at Christie’s following its recovery.  Grunbaum was a renowned Viennese cabaret performer who had eighty-one Schiele artworks in his apartment when the Gestapo arrested him on March 22, 1938 and deported him to the Dachau Concentration Camp, where he died penniless on January 14, 1941.  Town on the Blue River sold at auction for 2.5 million dollars—more than double Christie’s high estimate—and was the subject of an October 24, 2014 New York Times article, Dispute Over Nazi Victim’s Art: Christie’s and Sotheby’s Differ on Handling of 2 Schieles.  European and American museums and private collectors today hold many artworks stolen from Fritz Grunbaum, and Mr. Dowd continues recovery efforts on behalf of the Grunbaum family.

In Matter of Flamenbaum, 22 N.Y.3d 962, 1 N.E.3d 782 (2013), Mr. Dowd succeeded on behalf of the world-famous Pergamon Museum in Berlin in persuading the New York Court of Appeals to order the return of an ancient Assyrian tablet dating to the reign of King Tukulti-Ninurta II (1200 B.C.).  The tablet went missing when Stalin’s troops invaded and occupied East Berlin in 1945.  It turned up in 2006 during a contested accounting proceeding in Nassau County Surrogate’s Court in a safe deposit box that belonged to a deceased Auschwitz survivor.  Ultimately, the New York Court of Appeals rejected the executor’s argument that the “spoils of war” doctrine permitted the decedent to retain the amulet.  The Court further rejected the argument that the doctrine of laches barred the Museum’s restitution claim.  In the wake of Flamenbaum, it is clear that under New York law, where there is a thief in the chain of title, no subsequent possessor can take good title and that the burden of proving the affirmative defense of laches is a heavy one.

In 2013, Mr. Dowd wrote “Nazi Looted Art and Cocaine: When Museum Directors Take It, Call The Cops” 14 Rutgers Journal of Law & Religion (May 2013).  In the article, Mr. Dowd argues that statutes of limitations and laches cannot be used to launder title to stolen property, that Nazi looted art ought to be treated like contraband or drugs, and that due to the unique facts of World War II and U.S. foreign policy repudiating Nazi acts of property spoliation, U.S. museums should not be able to shield Nazi-era stolen art in their collections from scrutiny and restitution.  In 2013, as a result of advocacy efforts in which Mr. Dowd participated, the Federal Bar Association now advocates that Congress should create a Commission on Nazi-Confiscated Art Claims to assist heirs in recovering Holocaust-era looted assets.

About Ray Dowd

Mr. Dowd’s first case in New York County Surrogate’s Court was Matter of Doris Duke, a dispute over the estate of the American Tobacco heiress.  In 1994, Mr. Dowd successfully petitioned for the removal of Doris Duke’s butler, Bernard Lafferty, and U.S Trust Company as co-executors of the Duke estate.  These efforts aided in the recovery of millions in misspent funds.  Mr. Dowd’s efforts were chronicled in Vanity Fair magazine and on the front pages of New York’s tabloids.  The case garnered worldwide headlines and was immortalized by Hollywood.  As part of the subsequent proceedings, Mr. Dowd succeeded in upholding the first testamentary honorary pet trust in New York State history by using the life of the trustee as the measuring life to create a $100,000 trust fund for Ms. Duke’s dogs.  Mr. Dowd has since litigated numerous contested probate matters, guardianship proceedings, and accountings, including a rare contested adoption proceeding in Surrogate’s Court on behalf of a 9/11 victim.

Mr. Dowd is a partner in the law firm of Dunnington, Bartholow & Miller LLP in New York City.  He currently serves on the Board of Directors of the Federal Bar Association, having served as General Counsel (2011-2012), Vice President for the Second Circuit (2008-2013), President of the Southern District of New York Chapter (2006-2008), on the Editorial Board of The Federal Lawyer (2009-2011), and on the FBA Government Relations Committee (2010-2013).  From 2013-2014, Mr. Dowd served as President of Network of Bar Leaders, a coalition of over fifty bar associations in the Metropolitan New York area.  In 2013, he was appointed to serve on the Planning Committee for the 2014 Second Circuit Judicial Conference titled Cybersecurity in an Age of Cyberterrorism.  Mr. Dowd is the author of Copyright Litigation Handbook (West 8th Ed. 2014-2015) (updated annually).

Mr. Dowd’s practice consists of federal and state trial and appellate litigation, arbitration and mediation.  He served as lead trial counsel in notable cases involving art law, copyrights, trademarks, cybersquatting, privacy, trusts and decedents estates, licensing, corporate and real estate transactions.  He has litigated questions of Austrian, Canadian, French, German, Italian, Russian and Swiss law.

Mr. Dowd lectures frequently on copyright litigation, including the prestigious Copyright Society of the U.S.A.  At the 2009 Prague Conference on Holocaust-Era Assets, he was selected for an expert legal panel, and he has lectured worldwide on the matter of looted art, including at the Jewish Museum in Berlin, Yad Vashem in Jerusalem, the Pennsylvania Academy of the Fine Arts, the San Francisco War Memorial, the U.S. District Court for the District of Columbia, and many chapters of the Federal Bar Association.  In 2007, he co-founded the annual Art Litigation and Dispute Resolution Institute at New York County Lawyers’ Association.  In 2014, Mr. Dowd was selected by the Brandeis Society to deliver a lecture commemorating the 76th anniversary of Kristallnacht.  He currently serves on the Board of Governors and is Chair of the Education Committee at the National Arts Club in New York City.

Mr. Dowd is a graduate of Manhattan College (B.A. International Studies cum laude, 1986) and Fordham Law School (1991), where he served on the Fordham International Law Journal.  He speaks French and Italian.  He is admitted to practice in the State of New York, to the Southern and Eastern Districts of New York, and to the First, Second, Fifth, Seventh, Ninth, and Tenth Circuit Courts of Appeals.

About Dunnington

Dunnington, Bartholow & Miller LLP was selected as a 2014 Top Ranked Law Firm for Intellectual Property by Corporate Counsel/ALM/The American Lawyer.  Dunnington is a full-service law firm providing corporate, litigation, intellectual property, real estate, taxation and estate planning services for an international clientele.  Find out more at www.dunnington.com.

Attorney advertising.  Past results do not guarantee future outcomes.

www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
 Copyright Litigation Handbook on Westlaw

Tuesday, April 29, 2014

George Grosz: Cultural Enemy Number One of Hitler and the MoMA - Tomorrow Night National Arts Club!






National Arts Club - 15 Gramercy Park South NYC




Wednesday, April 30, 8:00 PM
a Roundtable / Young Members event


George Grosz, Cultural Enemy Number One of the Nazis: A Legacy in Art and Law


George Grosz was tried twice in Germany for his art, once for blasphemy (for his work “Shut Your Mouth and Keep On Serving”) and once for slandering the Prussian military (for his work “Fit for Active Service”). Declared Cultural Enemy Number One by the Nazis, Grosz was physically attacked, and escaped Germany in January 1933, just before Adolf Hitler burned the Reichstag and seized power. Prior to his escape, many of Grosz’s satirical works were banned, ordered to be destroyed, or both. From 1933 to the early 1950s, Grosz taught painting in New York City, primarily at the Art Students League. Grosz rejected abstract expressionism, making him a cultural enemy of the Museum of Modern Art.
   Decades later, from 2003 to 2011, litigation reaching the U.S. Supreme Court mapped out the tortured cultural legacy he left behind, and shook the underpinnings of the MoMA. Although Grosz, who fought for Germany in World War I, was originally associated with Dadaism, his artwork is now commonly referred to as part of the New Objectivity movement, a post-war movement in which veterans of World War I communicated the horror, destruction, and trauma of war.
   Art attorneys Ray Dowd, David Rowland, and Pati Hertling will engage in a discussion about Grosz and his legacy in law and art. NAC Governor Sam Madden will moderate; a Q&A session will follow the discussion.


More information on the National Arts Club website http://www.nationalartsclub.org/Default.aspx?p=DynamicModule&pageid=337091&ssid=235591&vnf=1






www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
 Copyright Litigation Handbook on Westlaw

Saturday, March 09, 2013

Nazi Art Looting: Egon Schiele, George Grosz and Stolen Art in U.S. Museums

The Roundtable Presents
Nazi Art Looting: Egon Schiele, George Grosz and Stolen Art in U.S. Museums

Tuesday, March 12,
8:00 PM Illustrated Lecture

National Arts Club
15 Gramercy Park South
New York, NY 10003


Ray Dowd returns to the NAC, this time to take us on an astonishing visual tour of the latest Nazi looting cases to hit the art world. He queries whether U.S. museums and collectors have betrayed the Allied victory in World War II by holding on to works belonging to persecuted Jewish families. Will the U.S. Supreme Court deal with the issue? A pre-eminent litigator in federal and state courts, Dowd has lectured at venues such as the Jewish Museum in Berlin, Yad Vashem in Jerusalem, the 2009 Holocaust-Era Assets Conference in Prague, and most recently at the Pennsylvania Academy of the Fine Arts. He is a partner in the law firm of Dunnington Bartholow & Miller LLP in NYC and is a national officer of the Federal Bar Association. You’ve read about his cases in The New York Times and ArtNews, now get the story first hand.


For further information please contact the National Arts Club at (212) 475-3424

www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.
Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd Copyright Litigation Handbook on Westlaw

Thursday, March 07, 2013

Should Stolen Holocaust Art be Returned? Legal and Policy Perspectives and Recent Case Developments

Should Stolen Holocaust Art be Returned? Legal and Policy Perspectives and Recent Case Developments

Thursday, March 21, 2013 from 6:00 PM to 9:00 PM.
2nd floor auditorium

Join us for a very special program discussing the hot button issues of whether stolen Holocaust art should be returned. Learn about recent cases and understand the legal and policy perspectives, including a presentation by Ambassador Douglas Davidson, Special Envoy for Holocaust Issues, U.S. State Department.
AGENDA
  • Introduction and Overview of the Issues
  • A View from the U.S. State Department
  • From Abraham Lincoln's Code of War to the Morgenthau Seizure at MOMA: The American Victory in World War II, Recent Case Law and the Failure to Return Stolen Art to Holocaust Victms
  • Nazi Looted Art Commissions After 1998 Washington Conference: Comparing the European and American Experiences
  • Cassirer v. Kingdom of Spain:An Update

Faculty:
Program Chair and Faculty: Raymond Dowd, Dunnington, Bartholow & Miller LLP

Faculty: Hon. Stephen Crane (Ret.), JAMS; Ambassador Douglas Davidson, Special Envoy for Holocaust Issues; Victor Kovner, Davis,Wright Tremaine LLP; David Rowland, Esq.,  Rowland & Petroff LLP, Sharon Cohen-Levin, A.U.S.A., Southern District of New York


Member Price:  $125
Non-Member Attorney Price: $175


Click here to register online! Or click here to download registration form!


Click here for more information!



 www.dunnington.com
 Copyright law, fine art and navigating the courts. All practice, no theory.
Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd  Copyright Litigation Handbook on Westlaw

Wednesday, July 04, 2012

Artworks Stolen From Alfred Flechtheim at the MOMA

For those who care about artworks stolen from Alfred Flechtheim, the Weimar Republic's greatest artdealer, there is a new Wikipedia page on Flechtheim in English here.   A recent article in Speigel magazine discussed Flechtheim, unfortunately the article is not in English.  Flechtheim was a Jew and the greatest dealer of contemporary art in Berlin in 1933.  He has been written out of history by those persons and institutions, particularly the MoMA, who profited from his demise.  The greatest forgery ring in German history recently ripped off the art collecting world, including comedian/art collector Steve Martin, by faking works from Flechtheim's stolen collection. Flechtheim was selected as Jewry's poster boy by the Nazis for his receding hairline and particularly prominent nose.  Harvard's Busch-Reisinger museum's modern German sculpture collection was founded in the early 1930's with a Rudolph Belling sculpture of Flechtheim's nose.

Alfred Barr borrowed much of Flechtheim's exhibition for the MoMA's first show of German art and Flechtheim gave the MoMA one of the first works to become part of its permanent collection, a sculpture of the boxer Max Schmeling, the guy who Joe Louis beat.  No one seems to know what MoMA did with the Schmeling sculpture.  History has failed to document Alfred Barr's intellectual and other debts to Alfred Flechtheim.  Barr, of course, was gleefully grabbing up art bargains that the Nazis had stolen from Jews, including the great critic and philosopher Walter Benjamin.

Many works stolen from Flechtheim are now at New York's Museum of Modern Art.  In Grosz v. MoMA the heirs of Berlin artist George Grosz sought to reclaim artworks that Grosz had left with Flechtheim when Grosz fled Hitler in January 1933 to come to New York to teach at the Art Students League.   MoMA got the case dismissed by falsely claiming to a federal judge that MoMA had refused the Grosz heirs claims and thus succeeded in applying the statute of limitations to hold onto the stolen art.  MoMA refused to provide the research files from MoMA's Provenance Research Project to the Grosz Heir and refused to provide its documents on art dealer Curt Valentin, MoMA's conduit to the Nazis.

MoMA's trafficking in artworks looted by the Nazis was the subject of William Cohan's excellent article MoMA's Problematic Provenances.

Glen Lowry, MoMA's director under whose tenure the files from the Provenance Research Project apparently disappeared, remains at its head.  Cohan won a Silurians Award (article here) for his article exposing MoMA's crimes, but MoMA's Trustees seem to have taken little note.  Hopefully German museums will start to write and publish work about Flechtheim, his Aryanization by Nazi SS  (earlier of Der Stahlhelm) member Alexander Voemel, and this research will force U.S. museums to start doing the right thing.

 www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Sunday, November 27, 2011

#art MoMA's Problematic Provenances - George Grosz




Willi Baumeister no title 1928 (collage for Alfred Flechtheim)  image Artvalue here.

Excellent article by William Cohan on MoMA's concealment of the provenances of artworks in Alfred Flechtheim's 1933 inventory in December 2011 Art News here.  Alfred Flechtheim, depicted above by Willi Baumeister, was the most prominent contemporary art dealer of the Weimar Republic.  Scandal erupted over claims by the heirs of George Grosz that Grosz had left artworks now at MoMA in the hands of Flechtheim, who in turn was "Aryanized" by a Nazi from Dusseldorf named Alexander Voemel in 1933.

Cohan's article points out how MoMA has tried to erase Flechtheim from art history.

The MoMA, like a number of other U.S. museums, has used statutes of limitations to hold onto stolen art, even though museum administrators and trustees had concealed information that would permit heirs to make claims for decades.

MoMA Executive Glenn Lowry misled the Grosz heirs by claiming that he had no authority to refuse their claims to the three artworks in question and had not refused their claims to the artworks.    MoMA, represented by the Proskauer law firm, then changed its position, claiming that Lowry actually did have the authority to refuse the claims and that he'd actually refused the claims much earlier than he had by simply not returning the artworks.   

MoMA was successful in convincing federal judges that the "refusal" had triggered New York's three year statute of limitations.

You can read the cert petition in Grosz v MoMA here.   You can read the Second Circuit's opinion here.

It should shock the conscience of Americans that museums can use statutes of limitations to hold onto stolen art, the acquisition of which has been subsidized by U.S. taxpayers.    Rich people should not be able to avoid paying taxes by taken art stolen from Jews in the Holocaust and putting it into U.S. museums where it is hidden from scrutiny - often for decades.

Cohan does an excellent job of outing Nazi agent Curt Valentin.   More on Valentin here and here.

More on Alfred Flechtheim here and here and here.

The first part of Laurie Stein's declassified Swiss report (reference by Cohan) here.

(disclosure - the author represented the Grosz heirs in Grosz v. MoMA).

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Wednesday, June 22, 2011

Art Litigation: June 30 CLE Presentation at Modern Restaurant at MoMA: How Long Do Victims of Nazi Spoliation Have To Get Their Art Back?


George Grosz' Portrait of the Poet Max-Hermann Neisse
Purchased from Charlotte Weidler through Curt Valentin

I hope that you can join me in a CLE presentation of Grosz v MoMA at the Modern Restaurant on June 30 (next Thursday) - the flyer is embedded below.

6-30-11 Emips Cle Lunch Flyer1 (3)

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Wednesday, June 01, 2011

US Supreme Court Cert Petition: U.S. Museums Betray The Holocaust Victims Redress Act of 1998

We recently filed a petition to the U.S. Supreme Court on behalf of the heirs of George Grosz in Grosz v. Museum of Modern Art, accessible by the link below.    The certiorari petition describes how in federal courts around the country, museums and holders of artworks taken from Nazi persecutees have successfully advanced doctrines of constructive notice that have eviscerated the right under state law to recover stolen property that Congress thought existed when it enacted the Holocaust Victims Redress Act of 1998.   As the cert petition shows, museums told Congress that state law remedies were sufficient for victims and their heirs to recover stolen artworks.    After 1998, with Congress off their backs, museums then argued to the courts that no remedies were available under state law to those who actually tried to reclaim artworks.   Several museums even retaliated against Jewish heirs by suing them.   By filing these pre-emptive strikes, museums successfully avoided scrutiny into the question of whether or not the art was stolen.  By leaving potentially looted artworks in our museums, such "quiet title" actions have stained our national conscience.

Unfortunately, very few voices have been heard to draw attention to this tremendous crime.   Media coverage is anecdotal.  Each time stolen artworks are uncovered in museum collections, the museums feign horror and surprise, but the reality is that in the high-tax Cold War years, laundering stolen art was a major function of the U.S. museum community.  We are all now paying for those Cold-war "don't look a gift horse in the mouth" policies.   A generation of wealthy Americans dodged taxes by flipping stolen property to museums, thus passing the societal cost of their misdeeds onto the backs of U.S. taxpayers.

In turning their backs on restitution of Nazi-looted artworks after 1998, American museums have betrayed our trust and have become international scofflaws.   This is a major problem and inconsistent with the traditions of common law under which no one can take good title from a thief.   It is also inconsistent with the traditions of equity, which do not unjustly enrich those with superior knowledge, such as the museums, that should have known better than to profit from the world's worst crime.  Everyone in the art community, thanks to U.S. government warnings starting in the 1940's, knew that acquiring an artwork of European provenance that entered the country after 1932 but was created before 1946 was a "red flag".   Art historians now pretend to have no knowledge of this and instead play a game of blaming the victims and waiting until enough people die or are discouraged so that they can assert the defense of laches.   While museums throw up endless new buildings, they claim they can't even afford to figure out what stolen art is in their collections.   And by refusing to share documents and publish provenances, they ensure that no one else can figure out the stolen property trail either.

American museums, having unclean hands, should not be heard to invoke equity.  American museums, which should be taking the lead in opposing Holocaust profiteering, have instead set up impenetrable legal defenses and hide the truth behind spurious claims of privilege.   This is both morally and legally untenable.  If U.S. museums don't do the right thing and show world leadership in returning the property of Holocaust victims, no one will.

Grosz v Moma Petition of Certiorari FINAL With Appendix 5.10.11


 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Wednesday, June 30, 2010

Art Litigation - Grosz v MoMA Amicus Curiae Brief on Nazi Spoliation


Jacob Hilsdorf 1910 photograph of Alfred Flechtheim

When artist George Grosz fled Nazi Germany in January 1933, he left his artworks in the care of Jewish art dealer Alfred Flechtheim.   Flechtheim was the premier contemporary art dealer of the Weimar Republic.  You haven't heard his name before and no one in the United States has even cared enough to make a Wikipedia page for him in English, even though our museums are full of works that passed through his hands.   My earlier posts on him here .   Big article in Welt Online today on Flechtheim here.  Use Google Translate to read it if you don't read German, it predicts that the Flechtheim restitution litigation will be the biggest ever filed in Germany.

My firm represents the heirs of George Grosz in trying to obtain restitution of artworks Grosz left with Flechtheim's gallery in 1933.  Our complaint was dismissed pursuant to Rule 12 b 6 of the Federal Rules of Civil Procedure as time-barred based on a settlement communication sent by MoMA Director Glenn Lowry to a representative of the Grosz Heirs, which the MoMA claimed, and the district judge accepted, to be a "refusal" for statute of limitations purposes under New York's demand and refusal rule.

I understand that MoMA made an informal presentation of its position to the NY City Bar Association's Art Law Committee, I am hopeful that we will receive equal time.

The Grosz Heirs appealed to the Second Circuit Court of Appeals, the appeal is now pending.  An amicus brief was filed in support of our position, a list of the Amici and a copy of the brief below:

American Jewish Congress, Commission for Art Recovery; Filippa Marullo Anzalone, Yehuda Bauer, Michael J. Bazyler, Bernard Dov Beliak, Michael Berenbaum, Donald S. Burris, Judy Chicago and Donald Woodman, Talbert D’Alemberte, Marion F. Desmukh, Hedy Epstein, Hector Feliciano, Irving Greenberg, Grace Cohen Grossman, Marcia Sachs Littell, Hubert G. Locke, Carrie Menkel-Meadow, Arthur R. Miller, Carol Rittner, John K. Roth, Lucille A. Roussin, William L. Shulman, Stephen D. Smith and Fritz Weinschenk, In Support of Plaintiffs-Appellants and Reversal


Grosz v MoMA Amicus Brief - Nazi Art Looting

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