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News & Market

News: The Heat is On

By: David D'Arcy

April 2008

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Each of the institutions accepted donations that had been channeled through Robert Olson, a 79-year-old dealer from Cerritos, California, called “the smuggler” in court papers, who sold objects from the Ban Chiang culture (circa 2,000 B.C.–200 A.D.) of what is now Thailand. A 1961 Thai law ruled that all such material is state property. Hundreds of Ban Chiang objects passed through Olson to the Bowers Museum, all as charitable contributions. The Silk Roads Gallery in Los Angeles, operated by LACMA donor Jonathan Markell, was another alleged conduit.

In holding illegally exported objects, the museums may not be breaking U.S. law. “It’s Genesis I in the law here that a violation of a foreign export control law does not create legal liability in this country,” said James Fitzpatrick, a Washington lawyer who represents museums and dealers. “That does not make the materials in this country illegal,” he maintains. “The fact that something was smuggled out of Thailand is legally irrelevant in this country. If a museum violated its own procedures, that’s between the museum and its board, not a legal violation.”

Yet conversations recorded undercover reveal discussions among smugglers, dealers and curators about strict laws protecting antiquities in Thailand and China, which Olson allegedly skirted by making false statements to U.S. Customs and by painting objects to make them look new. A now-deceased Bowers museum curator, Armand Labbé, organized two exhibitions in Santa Ana of Ban Chiang works bought from Olson, and arranged donations for Olson’s clients. The curator, who also arranged donations to the Mingei Museum as a trustee, was recorded discussing Thai and U.S. legislation that he said Olson may have been violating. Bowers director Peter Keller, who received tax deductions for objects donated from his personal collection to his own museum, is also named in the search warrants, which allege that he was aware of the activities of Olson and Labbé. So far, no one has been charged with any crime.

Commenting on the case, the lead prosecutor, Joseph Johns, notes that with this investigation, “we intend to change the culture of museums in this country.” With the seizure of the contents of a storage locker belonging to Robert Olson, there is likely to be culture shock in store for still more museums.

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