From Sculpture to Scrap: The Theft of America’s Copper Heritage

Bronze, a mixture of copper and tin,
is found in many statues and plaques,
which are vulnerable to copper thieves.
Frederic Remington, ''The Bronco Buster,"
given to the Lyndon B. Johnson Library.
Public domain image.

Copper theft continues to run rampant throughout the country. Museums, cultural institutions, churches, art galleries, universities, and more have been impacted by the great raid on copper and bronze sculpture and plaques. That is because the price of copper is high, largely driven up by rapid industrial development in China and India.

The recent press report of a sword swiped from a copper statue located at Abraham Lincoln’s tomb site in Springfield, Illinois has become common over the last several years. And thieves may be less interested in the art and more interested in the metal’s melted value.

Many states have laws that regulate scrap metal recyclers so that law enforcement can uncover scrap metal crimes. In New Hampshire, Chapter 322 of the Revised Statutes Annotated mandates junk and scrap metal dealers to be licensed, requires photo identification from person’s turning in metal for scrap, and permits law enforcement access to business records. Maine just announced its intention to stiffen regulations. Last week legislation moved forward in Augusta that would have scrap metal dealers check photo identification and vehicle information for anyone selling scrap metal, place a 72 hour delay on processing the metal, and have payments sent by check to a physical address. Penalties for noncompliance could include a license suspension for scrap metal processors.

Protecting outdoor statuary from copper theft may not be easy, but contacting a security consultant for a site assessment should be a first step for any cultural institution. Security options can then be considered in light of the actual risks and the institution’s budget.  Members of the nonprofit International Foundation for Cultural Property Protection may be able to help.

If a theft occurs, it should be reported to the local police immediately. Be sure to tell the police about Scrap Theft Alert, where law enforcement can report a theft to the membership of the Institute of Scrap Recycling Industries.

CONTACT: www.culturalheritagelawyer.com

Museums at Risk - Results of the 2011 ICCROM-UNESCO International Storage Survey

Museums are at risk. That is the conclusion of the 2011 ICCROM-UNESCO International Storage Survey conducted between June and September by the International Centre for the Study of the Preservation and Restoration of Cultural Property and the United Nations Educational, Scientific and Cultural Organization. The published summary below shows significant deficiencies in museum storage, museum administration, risk management, and loss prevention.

Strategic planning, resource development, and risk preparation are crucial to maintaining first-class cultural institutions. Museums in need of assistance can contact the International Foundation for Cultural Property Protection (IFCPP) http://www.ifcpp.com/, RE-ORG http://www.re-org.info/, or other professionals who support cultural institutions.  The public, meanwhile, is encouraged to lend a hand to their local museums, libraries, and historical societies--both financially and by volunteering--so that history, art, science, and culture can be preserved and transmitted.  Many volunteer opportunities can be found at http://www.volunteermatch.org/.

A larger version of the report is available here.

CONTACT: www.culturalheritagelawyer.com

Historical Documents Returned to UVM - Documents Linked to Indicted Pair - Library Loss Prevention Recommended

The University of Vermont (UVM) has recovered historical documents that disappeared from its library. The Burlington Free Press reports on October 4, 2011 that 67 documents were returned to UVM after officials at the National Archives in Washington, DC reported that they had the papers in their possession. “The papers were found after investigators recovered hundreds of items from Barry Landau, 63, who with Jason Savedoff, 24, is accused of conspiring to steal rare documents to sell at a profit, according to government allegations,” the Burlingotn Free Press writes. Source: http://www.blogger.com/www.burlingtonfreepress.com/article/20111004/NEWS0213/111004005/-1/NEWS/Federal-probe-finds-missing-UVM-documents

A federal grand jury in Maryland handed up a two count indictment on July 28, 2011 against the pair, charging them with Conspiracy to Commit Theft of Major Artwork and Theft of Major Artwork. The indictment alleges that the co-defendants stole from the H. Furlong Baldwin Library at the Maryland Historical Society, the New York Historical Society, and the Franklin D. Roosevelt Presidential Library and Museum in Hyde Park, New York. The indictment also asserts that they took dozens of items in order to sell, including historical documents of FDR, a letter from Benjamin Franklin to John Paul Jones, and a land grant signed by Abraham Lincoln. An indictment is not a finding of guilt.

In order to secure a conviction of Theft of Major Artwork under 18 USC 668, the prosecution must prove beyond a reasonable doubt that the defendants “did steal and obtain by fraud from the care, custody, and control of a museum objects of cultural heritage.” An object of “cultural heritage” is defined by law as one that is under 100 years old and valued at $100,000 or more or an object that is over 100 years old and valued at $5000 or more.

The latest development in the case is a petition filed by Landau to sell assets. The motion, filed on September 23, 2011, asks the court for permission to sell antiques, letters, jewelry, art (including two Andy Warhol prints) so that Landau can raise money to pay for day-to-day expenses. Landau is under court order to not to sell assets without judicial authorization. See a further update on this recent filing at http://articles.baltimoresun.com/2011-10-07/news/bs-md-landau-asset-sale-20111007_1_barry-h-landau-warhol-print-andy-warhol.

10/25/11 UPDATE: The court granted Landau's motion .

One inexpensive way to help prevent the loss of irreplaceable documents is to maintain historic documents in closed stacks. When a patron requests particular information, a librarian or staff member can obtain the materials in limited quantities (such as three items at a time) and place them at the patron’s table. Some institutions may feel comfortable asking for the patron’s ID, some may not. Regardless, a librarian or staff member should always be visible to the patron and should retrieve the items when the patron is finished, making an inventory of the items. A process like this one can be part of an effective loss-prevention program because it compels a patron to interact with a librarian or staff member directly so that the patron knows he or she has been identified, allows for the librarian or staff member to observe the patron for any signs of suspicion, permits the institution to control the quantity of materials provided to a patron at any one time, and allows for a librarian or staff member to ensure that the materials retrieved are the same ones returned. There are other methods that a certified insitutional risk management consultant can suggest.


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Protecting Against Internal Theft II

Last blog entry I wrote about the issue of internal theft at museums and cultural institutions. Because protecting against this risk is so important--next to protection against fire--the point should be raised again.

Today the El Paso Times reported that a former senior secretary of the El Paso Museum of Art was convicted and sentenced to incarceration for her role in stealing over $100,000 from the museum foundation. The lesson once again is that policies and procedures should be installed at cultural institutions to guard against such mishaps, which can be avoided through simple planning.

Protecting Against Internal Theft at Museums and Cultural Institutions

Earlier this month a grand jury charged Laura Phillips, the former treasurer of the Alabama Museum Association, with felony theft. The indictment alleged that she stole from the association. In February, a grand jury also charged her with stealing over $57,504 from the Carnegie Visual Arts Center where she was director. Such allegations should remind institutions to maintain vigilance over their purse strings.

From my experience as a former prosecutor and as an attorney dealing with nonprofits, the vast majority of people who work in museums and cultural institutions are honest and hardworking. When there is a problem with theft of funds, the crime typically is committed by someone inside the organization. A person who works with cash and who remains unsupervised may be tempted to "borrow" funds to cover personal expenses. As time goes by, the amount of funds stolen can grow.

 

Some tips to reduce internal theft include:

• ensuring board oversight of operations,
• creating an audit committee,
• involving at least two officers in money transactions,
• watching unusual behavior of the person who handles money (e.g. frequently staying late at the office to perform money transactions),
• imposing a term limit on the treasurer's position.

Good risk management involves taking time to review organizational best practices and policies that protect against internal theft.

Stealing From Inside the Museum - Egyptian Artifacts Theft in Long Island Proves the Point

Loss prevention at a museum starts by examining internal practices. When pieces are missing from a museum, the first place to look for a suspect is inside. Fortunately, a museum's risk can be reduced by performing thorough background checks on prospective employees and by creating moderate institutional oversight practices.

While the vast majority of museum employees are honest and trustworthy, there are many unfortunate instances where missing objects turn up in the hands of museum workers. Last week the New York Post reported that a federal court sentenced the director of the Long Island University Hillwood Museum to a year and a day in prison plus a $5000 fine for stealing Egyptian artifacts from his own museum. Barry Stern admitted to exacting revenge on his employer when his contract as museum director was not renewed. He worked 22 years for the university.

The Post describes how Stern stole the artifacts from the museum, brought them to Christie's for auction, and claimed they came from the Barry Stern collection. Records of the objects' existence at the Hillwood Museum were wiped out. The pieces earned Stern $51,500.

(As a side note, one wonders how the auction house failed to conduct enough due diligence regarding the provenance of the objects, particularly where the pieces presumably had accession numbers associated with the objects.)

The International Foundation for Cultural Property Protection helps cultural institutions minimize the risk of theft. Any of our colleagues can assist museums with internal loss prevention. www.ifcpp.org


Read more: http://www.nypost.com/p/news/local/li_museum_director_sentenced_for_m8ewK4q1OIOWlINeCC4BRN#ixzz13BvQpl1L

Invest in Museum Risk Management - Don't Always Count on Someone Being There When Disaster Strikes

Back in June 2008 flooding damaged areas of Iowa. One place hit by the rising waters was the University of Iowa's (UI) art museum. The good news is that the Figge Museum in Davenport was able to house and protect some of UI's artwork after the flood. Just as when Hurricane Katrina hit Louisiana and other nearby states, several art museums came to help out institutions affected by the disaster. However, long-term help cannot always be counted on. In UI's situation, Lloyd's of London will not insure a new museum building for UI if they construct it in the same spot. And the Federal Emergency Management Agency(FEMA) has just denied UI's request for funds to help build a new museum. The lesson is that an investment in risk planning can help a cultural institution mitigate or prevent problems later.