May 30, 2011

La Dea di Aidone

An Aerial View of Morgantina
Jason Felch reports from Aidone, Italy on the goddess formerly known as the "Getty Aphrodite" returned to Italy:

Since the Getty's controversial purchase of the statue in 1988 for $18 million, painstaking investigations by police, curators, academics, journalists, attorneys and private investigators have pieced together the statue's journey from an illicit excavation in Morgantina in the late 1970s to the Getty Museum. 
The Getty returned the goddess to Italy this spring, and a new exhibition showing the statue and other repatriated antiquities from a private American collector and the Metropolitan Museum of Art in New York was inaugurated here last week. 
The goddess' new home is a 17th century Capuchin monastery that now serves as the archaeological museum in Aidone, a hilltop village of about 6,000 residents. The cozy museum, which holds up to 150 visitors at a time, contains the most important objects discovered in the nearby ruins of Morgantina.

Someone wrote to me this morning and said that we could offer an apt byline for this story by calling it 'what comes around goes around'. That may be right, and the law leaves it up to Italy to decide where and how this object should be displayed. One hopes that the original looters will come forward in the coming months to reveal where they unearthed the object in the late 1970's.

One also wonders whether such attention have been lavished on the statue had the statue remained at the Aidone museum after it was unearthed by archaeologists? Do we need to reconfigure how the public thinks about antiquities, encouraging them to visit them much nearer their original context? Does it matter how many will appreciate and can enjoy repatriated works if they are where they 'belong'? How important is viewing the goddess in her context, even if far fewer people may seek her out?

In much the same way works of art like Munch's The Scream, or even the Mona Lisa became widely known after their theft it seems likely that more visitors will visit the small Aidone museum; and one hopes help buttress the local economy in a more lasting way which will forge connections encouraging the locals to act as good stewards to other objects and information Morgantina may hold. The Getty certainly will not be acquiring any recently looted antiquities from Morgantina any time soon and one doubts very much of that $18 million purchase price made its way to the actual looters—those profits seemingly went to the dealers closer to the Getty.

  1. Jason Felch, “Goddess statue: Once a Getty prize, Italy’s goddess statue remains a mystery,” L.A. Times, May 29, 2011, http://www.latimes.com/entertainment/news/la-ca-culture-exchange-20110529,0,6748034.story.

Kreder on Holocaust-Era Art Claims and Federal Executive Power

Prof. Jennifer Anglim Kreder has a new essay in the Northwestern Law Colloquy which examines some timely issues in Holocaust-Era art claims. From the Introduction:

Doctrines of judicial restraint in international cases take many forms, but they all have at their heart a concern about the proper role of courts, be they federal or state. This Article explores the proper role of courts in deciding state law conversion claims for art stolen or subject to forced or duress sale during the Nazi era. Many presume, incorrectly, that such claims must be precluded by separation of powers and federalism doctrines. This Article demonstrates the inaccuracy of such presumptions.

May 29, 2011

" In effect the goddess has been returned to those who looted her. . ."

La dea di Morgantina
Catherine Schofield Sezgin interviews Jason Felch, co-author of "Chasing Aphrodite". An excerpt:

ARCA Blog: When you were in Italy, did you wonder if anyone in the crowd had made money from selling "Aphrodite" to the Getty? How well were you able to explain this transaction in your book? 
Jason: Yes, there is plenty of irony here. In effect, the goddess has been returned to those who looted her, broke her into pieces and smuggled her out of the country for profit. Aidone is a very small town, and I was told that several of the locals who attended the ceremonies used to be clandestini -- the Sicilian term for looters.

Read the full interview here.

May 27, 2011

Footnotes

The 2nd Century AD frieze has a title history which precedes the 1970 UNESCO Convention by 194 years

May 25, 2011

Chasing Aphrodite Reviewed

 "Chasing Aphrodite: The Hunt for Looted Antiquities at the World's Richest Museum" (Houghton Mifflin Harcourt: 375 pp).

Jason Felch &
Ralph Frammolino

Disputes over works of art and antiquities take many forms. Nations and individuals with claims to cultural objects pursue their claims in a number of areas; only seldom are these battles seen in courts of law. As a consequence many of the precedents set for party’s actions are seen outside the public view. This underscores the terrific resource which Jason Felch and Ralph Frammolino have created with their new book, officially released yesterday.

Their terrific series of investigative reports for the Los Angeles Times served as the jumping off point for the work. That series of articles was a finalist for the 2006 Pulitzer Prize and helped me crystallize much of my thinking about the antiquities trade and the role of art museums. Those reports, though terrific, were limited by the length of a newspaper article, and the authors continued their reporting in the form of this work to allow the space to explore these issues. In so doing they have created what will stand as the definitive account of the troubled times at the Getty from its creation in the 1970s through 2007. The book takes the form of a straightforward and rigorous account of the events which led to first the creation of the wealthiest art-acquiring institution in the world, its unfortunate choices, and its painful public shaming.

The authors maintain their reporters tone, which serves the material well. I think partisans on both sides of the heritage debates will find much to admire in the consistent and accurate depiction of characters and events. One point for which the authors deserve high marks is their description of the laws at issue—they swiftly and accurately describe the complex network of U.S., Italian and International laws without letting it overwhelm the story they are telling. There are also references and notes for further readings. The book maintains a lively and direct style throughout. I was provided an electronic copy of the work, which had no page numbers, so I am unable to reference the quotations below.

The sources for the book are impressive. They include the personal records of Arthur Houghton, who emerges as an early attempted reformer, Getty records, private correspondence, court records in Rome, and interviews with over three-hundred key individuals. The authors note the only important figures they were not able to interview were J. Paul Getty; Jiri Frel, the first antiquities curator at the Getty, who emerges as an early villain; and Marion True, a complicated figure who because of her unwise acquisitions at the Getty all while championing reform leave me feeling more baffled as to her motivations than ever.
From Left: Barbara Whitney, Deborah Gribbon, John Walsh and
Marion True in happier days

One really does wonder at times with the benefit of hindsight what True was thinking. She earned the contempt of her colleagues in the Museum community for aggressively implementing stringent acquisition standards at the Getty and criticizing the acquisitions by other museums, all while directly purchasing objects which were surely looted. The authors really do well in juxtaposing her actions at the Getty with her public rhetoric about the antiquities trade. Their description of her testimony at a 1999 Cultural Property Advisory Committee meeting evaluating an Italian request for import restrictions into the United States really highlights the hypocrisy:

. . . True strongly defended the Italian request. She deemed “improper” the suggestions of some that it was better to have illicit antiquities on well-tended American shelves than to let the careless Italians keep them in dusty exhibits. American museums were just as careless with their objects, True said. Many still didn’t have updated inventories or pictures of their own items . . . True noted that Italy was becoming more generous with loans of ancient art. Policies that expected Italy to be able to document objects that had been looted, like the one the Getty used to rely on, were irretrievably flawed.

Such comments surely did not endear True to her colleagues. In fact, the Getty had violated many legal and ethical rules to acquire their objects, and once they had a renowned collection had declared, under True’s direction, that the rules of the trade had changed, and other institutions must follow the Getty’s lead. This may perhaps explain why the Getty helped support True by paying her legal fees in her criminal trial in Rome, but had distanced itself publicly.

The "Getty Bronze", one of the
few disputed objects
which has not been returned
Anyone who has followed the Getty and cultural heritage issues in recent years knows well how this story ends, so the most fascinating parts of the book emerge at the beginning, with an account of the chance discovery and smuggling of the “Getty Bronze” from the Adriatic and the town of Fano, and the early days of the Getty.

Those early days set the Getty on what seems to have been a course which could not have avoided trouble. Particulary in chapter four, titled “Worth the Price”. Perhaps because he seems to have offered a great deal of assistance to the authors, Arthur Houghton emerges as an important early figure who attempted to check some of Jiri Frel’s unethical and illegal conduct, particularly in . Early on Houghton recommended that the Getty adopt what he called “optical due diligence” which meant “[t]he Getty should create the appearance that the objects it was acquiring had been carefully vetted, but at the same time avoid ‘certain knowledge’ of where they were actually coming from.” This concept of optical due diligence will likely strike a familiar chord with many observers, but a phrase which I have not seen expressed with such simplicity before.

As the authors note, Houghton was far more concerned with tax fraud that Frel was committing on a grand scale. He would routinely accept donations from wealthy donors, vastly increasing the appraised value of the objects. As the authors note the optical due diligence “was a surprisingly cynical position for Houghton to take, given his moral outrage at Frel’s transgressions. But in his mind, tax fraud and forgery were entirely different from breaking the export laws of a neglectful foreign country, especially when the goal was to educate and enlighten Americans.” In fact, Houghton’s actions were probably consistent with the vast majority of American curators at the time. And given the culture in the early 1980’s, Houghton was probably right that the Getty would likely earn a lot of trouble for itself fast if the IRS discovered the endemic tax fraud.
Aphrodite (or Persephone)
 has been returned to Aidone

Though the Getty now boasts an impressive legacy of research and vast works of art, the early days of the institution are less-than-stellar. One wonders if J. Paul Getty was really the dour, humorless penny-pincher he is depicted to be. The Getty originated not as part of some grand passion for the arts but as a passing hobby of a fantastically rich oil man. As such, those early founders of the Getty trust emerge as important trend-setters who would struggle initially with vast sums of money, and a desire to create one of the world’s foremost cultural institutions. That they succeeded is a testament to the vast wealth they were provided, and also the passion that these objects instill. But the question we must ask is at what cost?

A major theme I see emerging from the book are the incentives which helped fuel this looting. More attention has been directed at recently-acquired objects certainly, but Marion True was an early star in her field because she created galleries and exhibitions of objects with skill in such a way that made the public take notice. The public likes to look at these beautiful objects, and advocates need to continue to do the hard work to essentially train them to be ‘context connoisseurs’, meaning just because an object is beautiful, does nto mean that it should belong in a museum. The path these objects take matters. Had the Getty played by the rules, and not acquired many of these dubious objects, would it have emerged as such an important cultural institution? I’m not sure it would have. We see many poor choices by Marion True in the work, but she also emerges as one of a number of individuals at the Getty, yet she is the only one to have been shamed in such a public way and put on trial. In a perfect world many more probably should have taken blame for these acquisitions.

And the reason for that likely lies in the special esteem that the looted objects instill in us. The Italian government wanted to do everything it could to secure the return of these objects while also ensuring that future illicit activity would not take place, but to secure those returns took many years of hard investigation, and time-consuming and expensive legal negotiation. The Italian team which worked to pressure the Getty and other institutions into returning objects—Maurizio Fiorilli, Paolo Ferri, Francesco Rutelli and others—all emerge as sympathetic figures. Yet they would have had grave difficulty securing the returns had they employed a more direct strategy of prosecution of individuals at the Getty. Their efforts to focus charges on Robert Hecht, Giacomo Medici and Marion True appear to have been an effort to pressure the Getty into returning objects.

The work focuses on the Getty and Marion True and the direct line which can be drawn to looters in Italy. The limestone Aphrodite (which may in fact be Persephone) serves as an apt metaphor for the antiquities trade as a whole. When you heap such esteem on objects, without respecting its past, you risk distorting the object into something it never was. The limestone statue and its marble head, with its stunning depiction of billowing fabric was likely looted from Morgantina in Sicily. The authors introduce the objects at issue well I think, describing their composition, what we know of their history, and also noting what has been destroyed by looters. One feels outrage at the way this statue, perhaps the finest example of classical Greek sculpture outside of London or Greece was smuggled to Switzerland in a carot truck:

Some had seen the body of the statue—without the head—in three pieces at the house of a looter in Gela . . . The huge statue had been toppled over onto a blunt object, breaking it cleanly into three pieces that would be easier to hide during transport. The clean breaks also would make the statue easier to reassemble. The pieces were then driven to Milan, buried under a load of carrots in the back of a Fiat truck, and transported north across the border to Chiasso [Switzerland].

They note as well that Morgantina “proved a bonanza for local looters. After the excavators returned home from a summer of digging, the site fell prey to looters from the nearby hill town of Aidone. [Malcolm] Bell did what he could to fend them off, hiring guards to watch the site during the winter months. But the tombaroli . . . proved tenacious competitors for the relics of the ancient city. Bell once returned to the ruins after Sunday supper and stumbled upon a group hastily emptying a tomb of some 350 objects.” These accounts are disturbing, and it was the Getty’s purchase of objects which, though beautiful and rare, had destroyed context.

Many will likely point to the illegal and unethical conduct of the Getty in the work, and they are right to do so. Yet the archaeological community and nations of origin have much to answer for as well. When these ancient cities are studied, concern needs to be directed at the source to how the locals will react. What good is a trained archaeologist who painstakingly unearths parts of an ancient city, only to have her work undone at night by looters. That really is the legacy of the dispute between Italy and the Getty which the authors skillfully detail. Moving forward how can we envision a collaborative network which follows the law, but also protects sites, allows for professional excavation, and allows us to steward these precious resources for future generations.

May 16, 2011

Footnotes

Who Benefits From the Stieglitz Collection at Fitz University?

So asks Boston University Law Prof. Alan Field in a piece on SSRN: Who Are the Beneficiaries of Fisk University's Stieglitz Collection? Here is the abstract:

Most fiduciary relationships determine with specificity the beneficiaries of the fiduciary's activities. Not-for-profit entities, however, serve a class of unspecified beneficiaries and can exercise discretion in determining who to serve and how to serve them. This paper explores the limits of discretion that recent litigation established for Fisk University in balancing its educational mission and its administration of a valuable art collection donated decades earlier. The paper analyzes the case as it addresses respect for donor conditions, changes in circumstance, standing issues, the doctrine of cy pres and the designation of the appropriate class of public beneficiaries. Race and geography also play contributing roles.

Well worth a read. Donn Zaretsky finds it "much more interesting" than the Attorney General's brief in the very long legal battle over the present disposition of the collection.

May 12, 2011

Cuno on the Getty's New Acquisition Policy

"I have argued against the laws, but I haven't broken the laws."

So says James Cuno in Jason Felch's report on the new Getty president and chief executive:


Cuno's awkward embrace of a point of view he has long criticized creates a potential stumbling block for the Getty, which today relies heavily on cooperative relationships with Italy and other nations Cuno has openly criticized.
As director of the Chicago Art Institute since 2004, Cuno has rarely had to wrestle with claims by other countries that certain antiquities belong to them and not the museum that acquired them. The position Cuno staked out is largely a philosophical one, embracing the concept of "cosmopolitanism" — that antiquities are the common heritage of mankind and not the property of one nation.
He has denounced what he considers politicized claims by modern nations like Italy that, in his view, have only weak ties to the ancient civilizations that once occupied the same land.
Cuno's arguments are perhaps the clearest articulation of a view that American museum officials used for decades to justify the acquisition of antiquities with no clear ownership record. That practice has largely ended as direct evidence of looting forced leading museums, collectors and dealers to return hundreds of objects to Italy and Greece in recent years.
Yet while many museums moderated their stances during that controversy, Cuno became more outspoken.
"Cultural property is a modern political construct," he said in a 2006 debate at the New School hosted by the New York Times. In March of this year, he described laws that give foreign governments ownership over ancient art found within their borders as "not only wrong, it is dangerous."
You can read the Getty's acquisition policy here: http://www.getty.edu/about/governance/pdfs/acquisitions_policy.pdf


  1. Jason Felch, James Cuno’s history of acquiring ancient art - latimes.com, L.A. Times, May 12, 2011, http://www.latimes.com/entertainment/news/la-et-cuno-antiquities-20110512,0,7395453,full.story (last visited May 12, 2011).

Art Theft at the Forbidden City

Seven works of 20th century decorative art have been stolen from the Palace Museum inside the Forbidden City in Beijing. The items were stolen when the thief may have knocked a hole in the wall. The pieces were works made of gold and encrusted with jewels. A spokesperson said that a suspect was seen fleeing the seen but guards did not intervene:

This will be an embarrassment for those who run the Palace Museum. 
One official has already said that there was a lapse in security. 
"Certainly we can only blame the fact that our work was not thorough enough if something like this can happen," said official Feng Nai'en at a news conference. 
An investigation has begun to see where improvements can be made and the museum is checking to see if any other objects have been taken. 
Perhaps more embarrassing though is the fact that these items were on loan from Liangyicang, a private collection in Hong Kong. 
The Beijing News reported that the Hong Kong museum had not insured the items for as much as it could have because it believed they would be safe in Beijing. 
The Palace Museum is based within the Forbidden City, home to the country's emperors during the Ming and Qing dynasties. 
The complex is made up of courtyards, palaces and gardens. It became a museum in 1921 after the fall of the last emperor Puyi a decade earlier.


  1. Michael Bristow, Rare theft from Forbidden City, BBC, May 11, 2011, http://www.bbc.co.uk/news/world-asia-pacific-13356725 (last visited May 12, 2011).

May 9, 2011

James Cuno to head the Getty

Dr. James Cuno, a noted writer on cultural policy and a firm supporter of universal art museums and the movement of art has been named the next President and CEO of the Getty Trust:


LOS ANGELES—The Board of Trustees of the J. Paul Getty Trust announced today that James Cuno, recognized both nationally and internationally as a noted museum leader and scholar and an accomplished leader in the field of the visual arts, has been named president and CEO of the J. Paul Getty Trust. Dr. Cuno, who comes to the Getty after serving as president and Eloise W. Martin Director of the Art Institute of Chicago since 2004, will assume his position August 1.

Prior to directing the Art Institute of Chicago, one of the world's leading encyclopedic art museums, where in 2009 he presided over the opening of the museum's Modern Wing, Dr. Cuno was the director and professor of the Courtauld Institute of Art, University of London, from 2003-2004; the Elizabeth and John Moors Cabot Director of the Harvard University Art Museums and professor of the history of art and architecture at Harvard from 1991 to 2003; director of the Hood Museum of Art, Dartmouth College, from 1989-1991; director of the Grunwald Center for the Graphic Arts, UCLA, from 1986-1989; and assistant professor of art, Vassar College, from 1983-1986.
There are many tasks involved in this new position of course, but the one I'll be closely watching will be how this will impact the Getty's ongoing dispute with Italy over this ancient bronze.

  1. PRESS RELEASE: James Cuno , PRESIDENT AND ELOISE W. MARTIN DIRECTOR OF THE ART INSTITUTE OF CHICAGO, NAMED PRESIDENT AND CEO OF THE J. PAUL GETTY TRUST, (2011), http://getty.edu/news/press/center/james_cuno.html (last visited May 9, 2011).
(via)

May 6, 2011

Looting Shipwrecks, Archaeology and the Smithsonian

Changsha bowls from the excavation
"To sell ceramics from a wreck like that makes them a hell of a lot more than selling sea cucumbers,"

So argues marine archaeologist Michael Flecker discussing the looting of perhaps the most significant shipwreck found in modern times. The wreck was discovered in 1998 by local fishermen while diving for sea cucumbers and was packed with some 60,000 glazed bowls, ewers and other ceramics. They were found in the wreck of an Arab dhow on its way from China to the Persian Gulf some 1,100 years ago. The Indonesian government did little to prevent the fishermen for taking objects from the cite and moved to hire Seabed Exploratiosn, a commercial salvage company to excavate the site, with the assistance of Flecker, who has published the excavation.

Archaeologists now are criticizing the exhibition of this material at the Smithsonian, claiming the commercial salvage amounts to looting. Kimberly Faulk of the Advisory Council on Underwater Archaeology says: "They were not excavated properly. They are indeed looted artifacts that were sold for profit," which "sends a message that treasure hunting is OK." That seems a very impractical stance to take. No one would argue that a concerted and extensive archaeological excavation would have been the best resolution here, or even if the Indonesian government had been able or willing to police the site of the wreck. yet short of those options, a removal of the objects with archaeologists yields some information right? What should be done with the objects now according to the archaeologists? What kinds of information might a longer extended excavation have recovered? I'd be interested in comparing the scientific results of this excavation with other more rigorous studies?

I mean, what should happen, should the 60,000 objects be returned to the ocean floor? Is there really no value in these objects without the context? If the advocates are using this for a chance to raise the profile of the problem of conservation and excavation of underwater archaeological sites, that seems a worthwhile endeavor, but doing so at the expense of common sense solutions seems to diminish their cause.
  1. Elizabeth Blair, From Beneath, A Smithsonian Shipwreck Controversy : NPR, http://www.npr.org/2011/05/04/135956044/from-beneath-a-smithsonian-shipwreck-controversy (last visited May 6, 2011).
  2. Flecker, Michael. "A 9th-Century Arab or Indian Shipwreck in Indonesian Waters." International Journal of Nautical Archaeology. Volume 29(2), 2000.
  3. Flecker, Michael. "A 9th-Century Arab or Indian Shipwreck in Indonesian Waters: Addendum.International Journal of Nautical Archaeology, Volume 37(2), 2008.

Footnotes

Häuser mit bunter Wäsche (Vorstadt II), by Egon Schiele
  • The Leopold Museum in Vienna is deaccessioning a cityscape by Egon Schiele to raise the money to pay the settlement to the heirs of Lea Bondi Jaray over the disposition of Portrait of Wally.
  • A 500 year-old Nuremberg Chronicle has appeared in Salt Lake, it had been gathering dust in an attic for decades, or so the undisclosed seller has claimed. One wonders if the actual story is a good deal more complicated.
  • A review of a new human history of the Mediterranean notes the study of the island-city of Motya in Sicily has been delayed by looting
Motya is just four kilometres square, yet only five per cent has been excavated to date. Archaeological investigations collapsed in 1987 owing to Mafia complicity in pilfering antiquities. In the nearby Sicilian town of Marsala (famous for its fortified wine) a small museum nevertheless displays artefacts. Marsla is incidentally named after the Arab Mars al Allah, "Harbour of God", after the Saracen invasion of the western Mediterranean in 831.
Here’s a list on which most Egyptologists agree: Consult with local and international agencies and specialists to develop and implement long-term management plans. Train on-site inspectors and give them greater responsibility. Design better security for sites and museums. Allocate more money for site conservation and documentation. Take a strong stand against commercial and political interests that threaten the monuments.

May 5, 2011

Looting and Criminal Sentencing in the Four Corners

The Butler Wash Ruins near Blanding, UT
More and more of the Four Corners antiquities cases are entering the sentencing phase, and I want to highlight two profoundly different reactions.

First, Kimberly Alderman (an Assistant Clinical Professor at the University of Wisconsin Law School) argues:


It’s readily apparent that federal prosecutors overcharged the cases in an attempt to justify the immense resources that went into the investigation. One has to wonder if that contributed to the suicide death of Dr. James Redd, who in his medical practice served less advantaged communities in Utah. . . . Illicit excavation is only one misuse of “sacred artifacts.” Another is to use them to justify a witchhunt that serves only government propaganda.

Taking a very different view, Cindy Ho of SAFE argues instead that:

Receiving probation of three- and two- years and a fine of $2,000 and $300 respectively, Jeanne and Jericca Redd joined a number of other defendants who receive a mere slap on the wrist for their contribution to the destruction of cultural heritage and human remains.

In response, SAFE sent a letter (see full text below) to Judge Waddoups expressing our disappointment that the sentencing guidelines were not appropriately followed. Most importantly, that "the leniency shown to the Redds sends the message that such laws are unimportant or do not apply to the Four Corners region, and will encourage rather than deter looters." We did not receive a response from the Judge.
Stronger sentencing and custodial prison terms are poor measures for how seriously judges and the legal system take the looting of ancient sites. And placing the blame squarely on the shoulders of the sentencing Judge here misses the point I think. If you are really upset at the sentences (and I'm not sure you should be) blame should also be placed on the Federal Prosecutors. An axiom of criminal law every law student learns very early is that when defendants plead guilty, they will always receive a decreased sentence. Circumstances such as the personal circumstances of a defendant, their contriteness, and the violent or serious nature of the crime are also considered. One would be hard pressed to imagine a more sympathetic pair of defendants—a Mother and Daughter whose Father and Husband had committed suicide in the wake of the indictment. The U.S. Attorney's in this case pursued a strategy of seeking guilty pleas for many of the defendants, particularly as their witness (and two of the defendants) committed suicide.

These sentences are about the best that could be hoped for. These are not the first prosecutions in the area, but unquestionably these are exceedingly difficult crimes to prosecute and investigate for two reasons. First, the sites are remote and catching the looters in the criminal acts will always be a difficult and expensive proposition. Second, there is noting about the antiquities market which encourages giving the history of objects. Without a consistent way to adequately differentiate licit from illicit objects, the black market will continue to be profitable. Archaeologists and heritage advocates need to ask themselves a hard question: is prohibition working? We can point fingers at collectors and dealers, but this 'superindictment' in the Four Corners region is what enforcement will look like for the foreseeable future.

ARPA Research Assistance

Carolyn Shelbourn at the School of Law at the University of Sheffield in the United Kingdom is looking for information on offences under the Archaeological Resources Protection Act of 1979.    You can find
out some more about her and her research here:

http://www.sheffield.ac.uk/law/staff/academic/cshelbourn

She would welcome information on any ARPA cases, but is particularly keen to contact archaeologists who have been involved  following an ARPA offence, so that she can compare their experience with that of archaeologists in England. All information will be treated in confidence and individual respondents will not be identified unless you give her express permission to do so.

She has the following questions:

1. ABOUT YOU
(a)     Your name
(b)     Occupation
(c)     Have you attended any training course on ARPA and its enforcement and if so what was this training?
(d)     Contact details if you are happy for me to contact you for more information

2. THE OFFENCE
(a) What kind of site was involved?
(b) What was the nature of the ARPA offence?

3.  EVIDENCE FROM CRIME SCENE
(a) Was evidence taken from the scene of the offence?
(b) Who collected this evidence?
(c) What kind of evidence was collected?

4. LEGAL PROCEEDINGS FOLLOWING OFFENCE
(a) Was the offender prosecuted?
(b) Was a civil penalty sought?

5. INVOLVEMENT OR ARCHAEOLOGISTS IN PROCEEDINGS
(a) Did you  or a colleague write a statement of archaeological value?
(b) Did you or a colleague  give evidence in person at the hearing?
(c) Did you receive assistance in preparing for this  appearance and if so what was this and  who gave it?
(d) Did you feel confident/well prepared when giving evidence?

6. THE OUTCOME
What was the outcome of the proceedings?
(a) Conviction?
(b) If yes what was the sentence imposed?
(c) Civil penalty?
(d) If so what was the sentence imposed?
(e) Forfeiture?
(f) Other penalty?

7. ARE THERE ANY COMMENTS YOU WISH TO MAKE?


Her e-mail address is  c.shelbourn@sheffield.ac.uk. Please put ‘ARPA
questionnaire’ as the subject of the e-mail.

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