Updates on Two Ongoing Cases...

In regards to the Kapoor and Koh Ker statue cases that I originally assisted in tracking or exposing, here are some excellent updates recently reported. Once my doctorate is finished, I will return to more regular and weighty posts where possible, as well as new topics as they arise!

-Regarding Cambodia vs. Sotheby's, the case now seems to be locked in a legal battle between Sotheby's lawyers and the US District attorney. Sotheby's is still prohibited from moving or selling the piece, and the fight will resume on the 12th April. My colleague Jason Felch reports for the LA times here, and Chasing Aphrodite has a great summary here.

-Regarding the Kapoor case, the global network of his contacts and charitable (tax deductible?) "gifts" is slowly being revealed (see Chasing Aphrodite again here). I predict that as more investigations occur, more antiquities trafficked from outside Tamil Nadu and beyond will be revealed. Does this include the alleged smuggling of Buddhist statuary and antiquities out of Afghanistan, and might they have ended up in galleries such as this one, investigated by Australian authorities once before?

Particularly interesting to me is the presence of antiquities (in the LACMA collection and elsewhere?) gifted by Kapoor's brother Ramesh via his independent Kapoor Galleries. I personally visited this gallery as well in 2010 and can attest that it is smaller is size/scope than Art of the Past and allegedly trades more in historic pieces and paintings. Is Subhash Kapoor merely trying to foist blame onto his innocent siblings and daughter (here), or are they more connected than we realize?

Of course, an investigation is currently underway regarding the National Gallery of Australia's Shiva statue, one of 21 artifacts purchased from Kapoor (see photo above, © The Australian). Several press releases have occurred locally (here, here, and here). I can personally attest to having been briefly interviewed for Mrs. Boland's article in The Australian, but more relevant authorities as to the specific legal matters were also approached. An additional update as of August 6th is that the Art Gallery of NSW has also purchased from Kapoor and is now under investigation (see reporting here). Another relevant question is what will recently proposed Immunity from Seizure acts currently moving through the Australian Parliament mean for repatriation or prosecution? More developments on these cases and others will be broken or shared here as situations warrant.

The Kapoor Case Continues...

The latest new reports (here and here) regarding the extradition and trial of one Mr. Subash Kapoor (see photo at left) attest that prosecution has now begun. He is currently on trial in an Ariyalur courtroom for the specific charge of helping to illegally export 18 idols from Tamil Nadu, but he will apparently be interrogated for details regarding many other cases. Despite the very strict laws on the books regarding the private ownership (in India) and export of genuine archaeological or historic artifacts, and the requirement that any modern replicas be officially registered as such by local authorities before exportation, yet all involved in both supply and demand countries can attest that these laws are not enforceable enough.


Cases like Kapoor's (and that of one Mr. Ghiya, and the separate smuggling of the Sivapuram Nataraja bronze, both detailed in the article) make this all too apparent. The Indian Ministry of Culture continues to put out updated lists of high-profile antiquities of known or suspected illicit export, begging for their return from collectors or museums, but has had little luck, at least as of 2010. Perhaps some validly pre-date 1970 in exportation? Perhaps the Ministry drops the case at the first sign of objection from collectors or museum officials? Obtaining accurate information will be challenging. Perhaps what's now needed in a new ICOM Red List of Indian/South Asian cultural objects? This would at least provide Interpol and customs authorities one more weapon in this fight. I still feel that the arrest and trial of Kapoor will serve as something of a warning to other smugglers or would-be prominent dealers seeking to hide their role in the trade behind ownership of a glitzy gallery in a prominent demand country. Now the art, museum, and illicit antiquities research communities at large can only wait to see how the trial(s) unfold and what kind of justice is served. In this case at least, all roads eventually led to New York... 

And Now This...

Looks like Subash Kapoor will now be extradited from Germany to India to stand trial for at least one artifact (statuary) related smuggling charge. Primarily "panchaloha" statues (idols) such as the image at left. Three men from the Tamil Nadu police are apparently on their way to Germany to retrieve him as I write this. This is probably only the tip of the iceberg, both in relation to crimes that he personally connects to, as well as artifact smuggling from the region in general. Nevertheless, it should serve as a solid warning to others, especially transnational dealers in Indian antiquities, that they are not above the law. After being personally threatened by this man, or those working for him, vindication of this sort is welcome. Thanks go to Paul Barford for the tip off this morning!