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Theft and Money Laundering in Art Market: Fraud Lawyers Presentation

This presentation explores theft and money laundering in the art market, highlighting historical cases, legal frameworks, recovery methods, and challenges faced. Dive into the world of stolen art, antiquities, and the complexities of combating financial crimes in the art industry. Expertly presented by Davina Given to the Fraud Lawyers Association on 27th March 2019.

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Theft and Money Laundering in Art Market: Fraud Lawyers Presentation

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  1. Slide Layout:Blank slide • This is more engaging than a blank screen and helps reinforce audience awareness of RPC • Do not alter the size of the slides without consultation with DPD,

  2. Slide Layout:Title slide • This should remain plain and white although a suitable client logo can be placed on the right hand side, but must not interfere with the RPC logo • The presenter name placeholder is bottom aligned, and expands up for multiple presenters Theft and money laundering in the art market Presentation to the Fraud Lawyers Association • Davina Given • 27 March 2019

  3. Slide Layout:Simple Bullet list • Simple bullet list • The simple bullet list slide has a main slide title and bullets only. There is no subheading or introductory text. Art theft: the advantages of portability • Traditional theft • S1, Theft Act 1968, etc • War plunder • 1815 restitution of works seized by Napoleon • 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict • Cultural Property (Armed Conflicts) Act 2017 • Nazi looting 1933-1945 • Washington Principles 1999 • Spoliation Advisory Panel • US HEAR Act

  4. Slide Layout:Simple Bullet list • Simple bullet list • The simple bullet list slide has a main slide title and bullets only. There is no subheading or introductory text. Stolen art: the disadvantages of uniqueness • Locating stolen art • Private art recovery specialists • Art & Antiquities Squad / other police organisations • Buying stolen art • Art Loss Register • The Medici papers • Ss 3 and 4, Limitation Act 1980 • Conflicts of laws: lex situs vslex loci actus • De facto bans on sale / export • Sevso silver

  5. Slide Layout:Simple Bullet list • Simple bullet list • The simple bullet list slide has a main slide title and bullets only. There is no subheading or introductory text. Antiquities: a special case • 1970 UNESCO Convention • Additional offences • Dealing in Cultural Objects (Offences) Act 2003 • Iraq (United Nations Sanctions) Order 2003  • Export Control (Syria Sanctions) Order 2013 • Draft EU Regulation on the introduction and the import of cultural goods • US approach

  6. Slide Layout:Simple Bullet list • Simple bullet list • The simple bullet list slide has a main slide title and bullets only. There is no subheading or introductory text. Money laundering • 4MLD / Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 • "high value dealer" if payment in cash ≥ EUR 10,000 • 5MLD in force January 2020 – cash criterion removed • Art fairs • Dealers as agent or principal • Auctioneers: when to perform CDD and on whom? • Resources required • Treasury approved guidance? • US legislation?

  7. Slide Layout:Holding Slide – Purple • Holding slide • Used at the end of the presentation when a question and answer session is planned Q&A Theft and money laundering in the art market

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