Gurlitt Art Collection: De Spiegel 'Bavarian Justice Minister Says Empathy for Gurlitt is No Longer Any Help'

In the Spiegel Online International article "Art Investigation: 'Empathy Alone Doesn't Help Us Any Further", Bavarian Justice Minister Winfried Bausback answers Spiegel's questions about the legality and morality of confiscating the art collection of Cornelius Gurlitt in 2012.

SPIEGEL: Mr. Bausback, has the public prosecutor's office in the city of Augsburg consistently conducted itself in an absolutely correct manner in the case of Munich art collector Cornelius Gurlitt? 

Bausback: The confiscation was based on a court order. As a minister, I am in no position to comment on this. But there is another level that concerns our responsibility to come to terms with the crimes committed under the Nazi reign of terror, and this is important for the image of Bavaria and Germany around the world. Too much time has elapsed on this level since the paintings were confiscated in 2012 without us making sufficient progress in clearing up the provenance of many of these works. There is no doubt that everyone involved on the federal and state level should have tackled this challenge with more urgency and resources right from the start.

Questions about charges and Cornelius Gurlitt's legal representation are addressed:

SPIEGEL: What criminal allegations constitute the basis for the confiscation?
Bausback: Tax-related allegations in connection with art objects. The pictures and other things were confiscated as evidence.
SPIEGEL: Actually it had to do with the sale of a single painting. Did that mean that the authorities had to go ahead and cart off the entire art trove that Gurlitt had in his apartment?
Bausback: To protect tax confidentiality and Mr. Gurlitt's rights -- and because this is an ongoing investigation -- I don't want to make any public statements about the details of this case. As a general rule, every defendant in a criminal case has recourse to legal remedies to redress confiscations.
SPIEGEL: Gurlitt thinks that he will get the pictures back without resorting to such measures. Are you glad that he still hasn't hired a lawyer?
Bausback: He has every right to decide whether he wants to be represented by an attorney and how he defends himself.

 Will this case reconcile the past?

SPIEGEL: What if he refuses to return looted art -- or paintings that were confiscated according to laws enacted under Nazi Germany -- to the heirs of the former victims? Even if these individuals could still be deemed the owners of the artwork, their civil claims to recover their property expired after 30 years. They lapsed a long time ago. 

Bausback: It would be difficult for me to accept that our response to the restitution claims of such owners is that their demands are subject to the statute of limitations. I have therefore instructed my ministry to draw up draft legislation that we soon intend to put forward for debate. This legislation would prevent someone who acquired something in bad faith -- in other words, who knew that the pictures or other objects that he or she had purchased or inherited were sold under pressure by their owners -- from invoking the limitation period for claims under civil law.

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Gurlitt Art Collection: Research aimed at differentiating stolen art from that which legally belongs to the collector

"Gurlitt may have part of seized art trove returned to him," according to a quote by the Augsburg prosecutor Tuesday (November 19). The German Deutsche Welle (DW) quoted Reinhard Nemetz: 

Augsburg prosecutor Reinhard Nemetz said in a statement on Tuesday that artwork that was not suspicious, not stolen by the Nazis and "undoubtedly was the property of the accused" would be returned to Gurlitt "immediately." 

"It is of key importance that works taken in connection with the Nazi persecution be identified so that outstanding property claims can be settled and possible previous owners can exercise their rights," said Nemetz.

"Berlin Art Expert to Lead Research on Munich Find", announces De Spiegel today in an article by Michael Sontheimer: the art historian Uwe Hartmann is the leaders of The Center for Provenance Investigation and Research at the Institute for Museum Research of the Berlin State Museums-Prussian Cultural Heritage Foundation.

As scientific director of a task force, he is responsible for shedding light on the darkness of a case which has been followed by art lovers around the world for the past two weeks -- the seizure of hundreds of paintings, drawings and etchings from the home of Cornelius Gurlitt, some of which may be art that had been looted by the Nazis. The collection had belonged to his father Hildebrand Gurlitt, who had collaborated with the Nazis after 1933. 

Earlier this month, Hartmann already publicly stated his own position about the art. "In many cases, we're not dealing with art looted by the Nazis," he told the German news agency DPA. "We must therefore act on the assumption Mr. Gurlitt is lawfully in possession of this property." 

Hartmann is charged with pulling the chestnuts out of the fire for the public prosecutors in Augsburg, who seized Gurlitt's art collection at the end of February 2012 on a very questionable legal basis. But his work will also be on behalf of the Bavarian state government and officials at the Finance Ministry in Berlin who were informed of the sensational discovery but said and did nothing about it -- and Germany itself.

The task for will be 'under the political guidance of lawyer Ingeborg Berggreen-Merkel, who served between 2008 and this April as a deputy to Bernd Neumann, the federal government's commissioner for culture and the media.'

Hartmann is to act as academic head of the task force. Alongside Hoffman, five other art historians will be hired temporarily or borrowed from museums. The Bavarian representatives want these art experts to have a public prosecutor at their side, as well. The exact identities of the other members of the task force, however, shall remain secret. That, of course, will leave less room for the transparency Westerwelle has demanded. 

Berggreen-Merkel announced as a first measure that the public prosecutor's office in Augsburg will publish images of 576 paintings which are suspected to be looted art at www.lostart.de as soon as possible. But prosecutors must still determine the legal basis for releasing the images on the Internet given that Gurlitt hasn't been accused of committing any crime.

In addition, Neumann writes:

But it is unlikely the researchers will be able to act with the urgency required. At the annual meeting of the Provenance Research Working Group last week in Hamburg, the around 60 attendees spoke of "undertaking the requisite research into the Munich art find as speedily as possible, but also in the necessary scientific quality." 

The working group has existed for 10 years, but its members have not been able to agree on a standard for provenance specifications. It's more likely it will take the task force years rather than months to identifiy possible looted art in Gurlitt's collection. "Each case is unique," said one provenance researcher, "every picture is different."

At first, it also appeared that politicians and officials in Berlin were hesitant to include members of the Jewish Claims Conference among the experts reviewing the Gurlitt collection. With pressure growing, however, officials announced Monday that 10 experts would be part of the group probing the artworks, including two researchers with the organization, which has sought the return or restitution of Jewish property lost during the Holocaust. 

"The Claims Conference has represented the interests of Jews persecuted by the Nazis for more than six decades in all questions about damages and restitution," Rüdiger Mahlo, the international organization's German representative, said last week. "It is self-explanatory that there should be representation of the Jewish victims on such a commission." 

While the task force is being created, investigators in Augsburg are still receiving inquiries from lawyers who want to know whether artworks they are looking for on behalf of the heirs to the victims have been found in Gurlitt's apartment. Some 100 lawyers have already registered their interest with the public prosecutor's office. They have not received any answers.

While lawyers' enquiries are based on 'Gurlitt's apartment', as in the art dealer who purchased art for Hitler's proposed museum in his hometown of Linz and who traveled to Paris on art buying trips 10 times from 1942 to 1945, the German Government's website, www.lostart.de, lists some images of the Hildebrand-Cornelius art collection under an art fund named after the district in which the apartment in Munich was located -- "Schwabinger Kunstfund".

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Gurlitt Art Collection: Hildebrand's essay in 1955 on his art and legal complications

Hans Christoph's 'Couple' 1924 TELEGRAPH

From the staff at De Spiegel: Hildebrand Gurlitt's 1950s essay about his history with art in the article 'A Kind of Fief': Munich art hoarder's father in His Own Words, begins with this introduction:

Almost a year before his death, Hildebrand Gurlitt (1895-1956) wrote a six-page essay on the history of his collection that was originally intended to serve as a foreword for an exhibition catalogue. But it was never printed "for all kinds of reasons," as Gurlitt wrote in a letter in November 1955. This forgotten manuscript, which was kept for decades in the Düsseldorf city archives, is one of the few texts written by Gurlitt that provides an insight into the life and intellectual world of this passionate collector. One page -- in which Gurlitt apparently describes his career as an art dealer during the Nazi era -- is missing from the archives. Nevertheless, the surviving pages are an important source of information on the life of this man. The following is a compilation of the key passages:

Hildebrand Gurlitt's text describes his father as a collector and friend to "modern" artists in Germany; his military service in World War I; his studies in art history in Frankfurt; his jobs as a journalist and as a museum curator; 'that German Expressionism conveys its key message in prints and drawings'; 'fierce battles' over modern art with the Nazi Party; teaching in Dresden; sacked again in Hamburg; his struggles to support 'new art'; establishing an art gallery in his apartment in Hamburg; 

A great many works of modern art passed through my hands. They came from painters, from emigrated clients and friends, from people who preferred to sell the paintings as a precaution, from the depot of confiscated art in Niederschönhausen where, if you had enough pluck, you could buy very beautiful paintings with the same foreign currencies that were otherwise illegal to possess and could land you in jail. What wasn't sold for cash -- some 80,000 works of art, I believe -- was burned by the SS. I was able to save many of these paintings from destruction and pass them on to great collectors, like Josef Haubrich in Cologne and Bernhard Sprengel in Hanover, who purchased the entire collection of prints and drawings by Emil Nolde. There were always men whose profound love of the new art made them courageous, but everything was done half in secret.

(A page is missing here.)

 Hildebrand Gurlitt recovered art works in addition to what had been confiscated by the Americans:

(After the bombing raids on Dresden on the night of Feb. 14, 1945 -editor's note) we swore to regret no material losses, to recognize the logical consequences that had led to the destruction and, although we were filled with sorrow, to resume life, no matter how simple.

I found the safeguarded remains of the collection and still own them. But their adventures had actually only just begun. Torn from their passepartouts, dispersed at various locations, part of the collection was in Saxony, and it was only later, after a communist village mayor had confiscated them, that I was able to secure their release with a bit of cunning and, thanks to a good Russian who was delighted with two bottles of schnapps on a rainy night, slip them through the Iron Curtain. Another part of the collection was confiscated by the Americans and returned to me -- safe and sound -- by an outstanding specialist five years later. A third part of the collection was hidden in the thick walls of an old windmill in the Franconia region and later recovered.

Hildebrand Gurlitt indicates he was not acting as an art dealer after the war:

I have not been an art dealer for many years now; the "thousand years" of the Third Reich were enough for me. But I won't sell any of these works of art, just as I can acquire very few new ones. I see this collection, which has -- quite unexpectedly, I must say -- fallen back into my hands after so many perils, not as my property, but rather as a kind of fief that I have been assigned to steward.

Another article today by the De Spiegel staff, "Legal Issues Complicate Munich Art Treasure Trove Find", predicts years will be required to resolve complex provenance issues.

According to the Bavarian justice ministry, some 1,280 paintings and drawings were found in the apartment, although a figure of more than 1,400 works had been mentioned previously. The collection can be roughly divided into three groups:

• First, there were the pictures that Hildebrand Gurlitt sold on behalf of the Nazi dictatorship, which it classified as "degenerate" and which he was expected to turn in hard currency abroad. The Bavarian investigators estimate that this category includes 380 works of art.

• The second group consists of those works that were "seized in connection with acts of persecution," or the so-called looted art. These are works that were stolen from their Jewish owners. The Nazis confiscated entire collections, forcing Jewish collectors into selling them their artworks. Top Nazi officials obtained some of the works, while others ended up with art dealers. Cornelius Gurlitt's collection apparently contained some 590 works that officials suspect may have been looted art.

• The third group, which includes 310 artworks, appears to be more innocuous. Hildebrand Gurlitt's acquisition of some of the pieces may be above suspicion, perhaps because he purchased them before the Nazi era or because they were part of the family estate.

 Here's information on 25 artworks released Nov. 11 (here in De Spiegel, an analysis on LootedArt.com, and images in the Telegraph). 

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Gurlitt Art Collection: De Spiegel's Ozlem Guler Scores Interview with reclusive heir Cornelius Gurlitt

Today Ozlem Guler for De Spiegel International Online presents an "Interview with a Phantom: Cornelius Gurlitt Shares the Secrets of His Pictures" (translated from German to English).

Mr. Guler writes that 'perhaps 30' 'strangers' (customs investigators officials from the Augsburg public prosecutors office) 'broke the lock and came in' to Mr. Gurlitt's apartment in Munich in February 2012 and spent four days removing more than 1,000 artworks.

Meanwhile, Gurlitt was expected to sit in a corner and remain quiet. He complied with their wishes, watching as they removed Max Liebermann's "Two Riders on the Beach" from the wall, a work that had hung there for decades, and took the Chagall from the locked wooden cabinet. 

They left nothing behind, not even the small suitcase containing his favorite pictures, a collection of works on paper. For decades, Gurlitt had unpacked the drawings each evening to admire them. Now they were gone and Gurlitt was alone.

Mr. Gurlitt remained in the apartment apparently even when the story broke two weeks ago:

Since that day, Gurlitt has been alone in his bare apartment, in a white-painted building in Munich, a city he calls a prison. And ever since the German newsweekly Focus uncovered the confiscation of his collection two weeks ago, the world's press has been gathering downstairs, outside the front door of his apartment block. Whenever he leaves the building, he is inundated with camera flashes, as if he were a war criminal. Strangers are constantly knocking on his door and sliding letters through the mail slot. 

The works are a sensational treasure trove, including paintings by Marc Chagall, Max Beckmann, Franz Marc, Pablo Picasso and Henri Matisse. The mysterious collection stems from the estate of his father, Hildebrand Gurlitt, an art critic, museum director and art dealer who died in 1956, one of the men who established modern art in Germany and, after 1933, did business with the Nazis. 

This interview in De Spiegel is with the 81-year-old heir of the Hildebrand Gurlitt art collection and provides his point of view of the investigation and the impact on his life, pictured as solitary, cut off from television and the internet, and alone with his paintings -- the Max Liebermann's "Two Riders on the Beach" hung on the wall in his living room for decades. In regards to his father's art dealing:

The family moved around a lot, always following a father who didn't have an easy time because he "wasn't racially flawless," Gurlitt notes. But he always fought and was very clever, he adds. In Hamburg his father registered the art gallery at Klopstockstrasse 35 in his wife's name, with the art dealer himself listed as an employee. Later, in Dresden, Gurlitt says his father didn't register his business at all. Instead, he kept the works of art at home and ran his business from there. "My father was often driven out, he often fell but he always got back up on his feet again."

As for growing up with the paintings and his father's motives, Cornelius Gurlitt is quoted:

He remembers playing among paintings by Liebermann, Beckmann and Chagall when he was a child. They moved with him from city to city, and hung in the living rooms and hallways. His father sorted them and loved them -- and they all bear his mark. He hung the green face by Ernst Ludwig Kirchner on the wall above young Cornelius' bed. "Hitler didn't like green faces," says Gurlitt. In the privacy of their home, the family didn't speak well of the Führer, Gurlitt recalls. His father resisted the dictator, but so surreptitiously that no one noticed it, he adds. 

Hildebrand Gurlitt never bought anything from a private individual, Cornelius insists. Anything else would have been unimaginable for him. The pictures came from German museums or art dealers, Gurlitt says, adding that his father only cooperated with the Nazis because he wanted to save the paintings from being burned. And then he says: "It's possible that my father may have been offered something privately, but he certainly didn't accept it. He would have found that unsavory."

How his father saved the paintings from the Russians:

He helped his father back in Dresden when they saved the works of art from the Russians. People should be thankful to him, he says. "My father knew the Russians were getting closer and closer." 

His father quickly organized a vehicle from the carpool in Dresden, he recalls, and father and son loaded the artwork into the car. His father then brought everything to a farmer near Dresden, and later to a castle in southern Germany. He says that his father knew people everywhere in Germany.

And as for Mr. Gurlitt's opinion:

Gurlitt sees his paintings in the newspapers. He's appalled. "What kind of state is this that puts my private property on display?" he asks. Gurlitt has tears in his eyes. He whispers: "They have to come back to me." 

The next morning, Bavarian Justice Minister Winfried Bausback is quoted in the newspaper as saying that the authorities should definitely speak with Gurlitt. 

It's painful to see Gurlitt being slowly consumed by despair. "They have it all wrong," he says. "I won't speak with them, and I won't voluntarily give back anything, no, no. The public prosecutor has enough that exonerates me." 

Gurlitt hopes the paintings that are rightfully his will soon be returned. He would still like to sell one work, though, perhaps the Liebermann -- if he is entitled to it, as he puts it -- to pay his hospital bills. The remaining paintings should be returned to his apartment, he says. The Chagall will then be put back into the cupboard, and the painting of the woman playing the piano will go in the hallway, where his mother always hung it. 

"I've really missed the paintings -- I notice that now." He says there has been enough public exposure -- of him and his paintings -- and he won't give them to any museum in the world. They have enough other things that they can exhibit, he contends. 

"When I'm dead, they can do with them what they want." But until then, he wants to have them for himself. Then he'll finally have a bit of "peace and quiet" again.

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Gurlitt Art Collection, Munich: Artworks posted on the Lost Art Internet Database

To get to the list of artworks of the Gurlitt Collection posted on www.Lostart.de, go to the left-hand side of the website, and click on "Schwabinger Kunstfund" (thank you, Martin Terraszas, for the instructions). I had a difficult time searching for the information because I was looking for "Gurlitt", not for an art collection named after the district where Cornelius Gurlitt resided.

According to my Google Translation of the introduction:

In spring 2012, an extensive art collection was confiscated in Munich. As part of the subsequent research was a first, time-consuming step is to identify the seized paintings. 

Less confiscated items that are clearly not related to the so-called "degenerate art" or "Nazi-looted art," were and are about 970 works to check. Approx. 380 of these works could be assigned to the Beschlagnahmegut the so-called "degenerate art", ie objects that were confiscated in 1937 by the Nazis as part of the so-called "degenerate art action". 

In view of the further work is to assess in particular whether they are those in which a Nazi-confiscated by (so-called "Nazi-looted art") is present. Against this background, a study on such a Nazi-related withdrawal was started out at about 590 works. 

In doing so far resulted in the following 25 properties reasonable suspicion of Nazi-related withdrawal:

Each of the 25 images of the artworks includes a title, an artist, a description, and any provenance information. For example, the Marc Chagall Allegorical Scene is undated, a painting, 48 cm tall and 36 cm wide, gouache: paper mounted on cardboard; signed. Provenance information is "Riga/Latvia?"

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Gurlitt Art Collection: Who owns it and who wants it?

Why the interest in the Hildebrand-Cornelius Art Collection? FOCUS Magazine's article on "Nazi Treasure" did not identify the 1,400 artworks and their collecting history (provenance) in custody of by Bavarian customs officials in a tax evasion investigation. However, Hildebrand Gurlitt sold pictures for the Nazis out of Germany and France. One painting, Max Beckmann's "Lion Tamer", sold in October 1911 did belong to Alfred Flechtman and his heirs reached an agreement with Cornelius Gurlitt and the Kunsthaus Lempertz in Cologne before the painting sold to share the proceeds. So what other paintings belong to heirs of Jewish art dealers and collectors who had their property stolen between 1933 and 1945?

"Nazi Loot Heirs Look to Reclusive Hoarder to Recover Art", by Alex Webb and Catherine Hickley, November 13, 2013, News from Bloomberg/Bloomberg Businessweek.

"Collectors should be happy that Cornelius and his father preserved the paintings rather than let them be destroyed" by Germany's Nazi regime, said Ekkeheart (cousin), who describes Cornelius as "a real oddball" who restored paintings and has a passion for art.... Gurlitt could have legal claim to the art because of Germany's 30-year statue of limitations and a rule called "Ersitzung," under which the possessor of property gains title after 10 years unless he or she is deemed to have acted in bad faith. If Gurlitt refused to negotiate, heirs will have to fight for the art in court -- with little chance of success, according to Bischof & Paetown, a Berlin law firm that specialized in restitution cases.... The German government says 590 works in Gurlitt's cache may have come from Jewish owners. About 380 were identified as works the Nazis seized from German museums as "degenerate" -- their term for modernist art. The remaining 430 or so works, it said in a Nov. 11 press release, "clearly have no connection with 'degenerate art' or Nazi loot."

[According to sources, Cornelius' brother-in-law in Stuttgart, Nikolaus Fraessle, delivered 22 artworks to police to protect the art.]

After Hildebrand's Dresden home was destroyed by the February 1945 Allied firebombing that leveled much of the city, he and his family -- including the then-12-year-old Cornelius -- fled for the village of Aschbach in Bavaria. It was there that U.S. forces found him, sheltering in the castle of a Baron Poellnitz with crates of art including works by Picasso, Edgar Degas and Dix. Hildebrand Gurlitt died in 1956 in a car crash.

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Gurlitt Art Collection: New images to be released under the "Schwabinger Kunstfund"

This is a Nov. 14 posting on the German government's Lost Art Internet Database about the images to be publicized from the art collection of Hildebrand Gurlitt inherited by his son Cornelius after the death of Hildebrand's wife. This is the Google Translation into English from the original German:

"Schwabing Art Fund": publication of 590 works on www.lostart.de

Berlin, 14 November 2013 

press release of the Task Force "Schwabing Art Fund" 

Dr. Ingeborg Mountain Green Merkel 

The mandated by the federal government and the Free State of Bavaria Head of the Task Force "Schwabing Art Fund" Dr. Ingeborg Mountain Green Merkel welcomes the public prosecutor in Augsburg all around 590 works of art from the "Schwabing Art Fund", with possible Nazi-related withdrawal is not excluded, reports on the website of the coordinating body www.lostart.de Magdeburg. This happens also in agreement with the involved ministries at the federal and state level. With the publication - after the technical conditions have been created - started in the coming week. 

On the basis of existing findings in a timely and comprehensive research on the history of the works of art is possible only by the general public involved. Without a transparent documentation of the retrieved results is a comprehensive clarification of the provenance of the art works hard to achieve. In addition, potential voters are now set rapidly in a position to identify missing artwork and possibly be able to make a claim. Databases such as Lostart.de provide for a central communication base represents the publication of the works thus makes a decisive contribution to provenance research, and above all to easily and quickly find potential voters. The results of research on the individual works of art are made of Augsburg public prosecutor immediately available. 

"The origin of the so-called 'Schwabing Art Fund' seized works of art can be found as quickly and transparently as possible with the publication on lostart.de," said Ingeborg Mountain Green Merkel. According to the findings of the prosecution must Augsburg from the seized collection - minus the objects that clearly have no relation to Nazi-looted art - about 590 works are reviewed. 

For further research, a task force with experts has been formed for provenance research, which has already started work. And international expertise should be used. Personnel contribute to the Federal Government Commissioner for Culture and Media, the Federal Ministry of Finance, the Federal Office for Central Services and Unresolved Property Issues and the Free State of Bavaria. This method ensures that the expertise of all participating institutions at the federal and state are included. 

The website www.lostart.de is the central service unit of federal and state governments for the documentation of cultural losses during the Nazi period and corresponding sources of messages. BKM Press Office Dorotheenstrasse 84, 10117 Berlin Phone: 030 / 18272-3281 Fax: 030/18 272 -3259 E-mail: pressestelle-bkm@bpa.bund.de Internet: www.kulturstaatsminister.de

On the Looted Art Internet Database, the English version (not based on Google Translation) is titled "Munich Art Trove." The press release, dated three days earlier, is as follows:

“Schwabing art trove”: Provenance of treasures to be

researched alongside criminal proceedings – suspicious works being publicised at www.lostart.de

Press release

11 November 2013

page 1 of 2

Joint press release by the Bavarian State Ministry of Justice, the Bavarian State Ministry of Education, Science and the Arts, the Federal Ministry of Finance and the Federal Government Commissioner for Culture and the Media:

We are working as quickly and transparently as possible to find out where the works of art come from which were discovered in the “Schwabing art trove”. The Federal and State Ministries involved have agreed in the interests of possible owners to take a broad-based approach to the provenance research, making use of the “Degenerate Art” Research Centre of Freie Universität Berlin and running parallel to the criminal proceedings of the Augsburg public prosecution office. The restitution issues arising from the Schwabing art trove in connection with Nazi-confiscated and looted art cannot be adequately resolved by criminal proceedings alone. That is not the job of criminal proceedings.

The federal and Länder authorities have agreed to put together a qualified task force of at least six provenance research experts without delay. Dr Ingeborg Berggreen-Merkel has been charged by the federal and Bavarian authorities to head the task force, which will be coordinated by Berlin-based specialist provenance research office the AfP (Arbeitsstelle für Provenienzrecherche/ forschung). Dr Berggreen-Merkel was formerly Deputy Chair of the Board at the AfP as well as Deputy Minister of State to the Federal Government Commissioner for Culture and the Media. The AfP is funded by the Cultural Foundation of the Länder, and its main task is to help public museums and institutions in Germany identify cultural property in their collections which was confiscated from the legitimate owners during the Nazi era.

The Federal Government Commissioner for Culture and the Media, the Federal Ministry of Finance, the Federal Office of Central Services and Unresolved Property Issues, and the Free State of Bavaria will all provide specialists for the provenance research task force. This will ensure it can make use of the expertise of all the federal and Länder authorities involved.

Current information from the Augsburg public prosecution office suggests that, not counting those which clearly have nothing to do with “degenerate art” or Nazi confiscation, there are around 970 pieces among the artwork seized which need to be investigated. Of these, around 380 works belong to the category of so-called “degenerate art”. Approximately 590 pieces need to be investigated for possible confiscation under the Nazi regime.

In order to ensure transparency and to advance the provenance research, an initial 25 works of art where confiscation by the Nazis is particularly strongly suspected are being listed today on www.lostart.de. The Koordinierungsstelle Magdeburg, which runs the internet database, will keep the list continuously updated. The Koordinierungsstelle Magdeburg, run jointly by the Federation and the Länder, is Germany’s central service for documenting and returning cultural treasures and will be available to answer any questions about the documented objects. Questions about the criminal proceedings should be directed to the Augsburg public prosecution office.

Aware of Germany’s responsibility for resolving issues related to Nazi crimes and in deference to the 1998 Washington Conference Principles and the 1999 Joint Declaration by the Federal Government, Länder and National Associations of Local Authorities, we are thus ensuring transparency and due attention to issues of ownership and cultural history, without hindering the proper conduct of the Augsburg public prosecution office’s criminal investigations.

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Gurlitt Art Collection: Paris Match Journalists Find Cornelius Gurlitt in his neighborhood -- just three days after Augsburg prosecutor denies knowing the whereabouts of the target of his tax evasion case

Two photographs credited to Best Image/Vantagenews.co.uk,
published by the Telegraph online of Cornelius Gurlitt
'seen for the first time in public shopping at a supermarket
 in Munich'. Paris Match photo credits Goran Gajanin. 

by Catherine Schofield Sezgin,

 ARCA Blog Editor-in-Chief

Three days after Bavarian officials denied knowing the whereabouts of Cornelius Gurlitt, two journalists from Paris Match reported and photographed Gurlitt shopping near his flat in Munich ("EXLUSIF. Trésor nazi: Paris Match retrouvé Cornelius Gurlitt"). At a press conference on November 5, Augsburg chief prosecutor Reinhard Nemetz, heading an investigation of suspicion of tax evasion, would not confirm if Gurlitt was even alive.

Paris Match's Berlin Correspondents, David Le Bailly and Denis Trierweiler, wrote they found the "élégante" Gurlitt on Friday, November 8, continuing his habits in the Schwabing district near his apartment. Gurlitt responded to a question from the journalists which they reported in French: "Une approbation qui vient du mauvais côté est la pire des choses qui puisse arriver". Gurlitt's quote, as retold in English by Colin Freeman for the Telegraph ("First pictures of Cornelius Gurlitt, pensioner accused over Nazi-era art stash", November 12), was translated into English as: "Approval that comes from the wrong side is the worst thing that can happen".

Last week, when Bavarian prosecutors held a press conference after revelations in Focus Magazine about a 'Nazi art hoard', Gurlitt's whereabouts were reportedly unknown. As of November 8th, though, it appears he was shopping for groceries and still living in the same flat (or at least the same area) from which Bavarian customs officers took 3 days to remove 1,400 works of art in February 2012 in an investigation related to tax evasion.

The following sources documented Bavarian authorities denial of Gurlitt's residence at the Augsburg press conference (Augsburg is a 35-minute train ride north of Munich):

The mystery around Gurlitt himself, meanwhile, has thickened. The whereabouts of the 80-year-olld are not known, said the customs authorities. When asked by one journalist if Gurlitt was alive, Augsburg chief prosecutor Reinhard Nemetz said he could not comment. "Picasso, Matisse and Dix among works found in Munich's Nazi art stash", Philip Oltermann in Berlin, theguardian, Nov. 5.

Of the whereabouts of Mr. Gurlitt himself, nothing is known, the officials said. Mr. Nemetz said that he had been questioned after the paintings were found, and that investigation under the tax law was continuing. But there was no reason to detain the elderly man, and authorities do not know where he is, Mr. Nemetz said. "German Officials Provide Details on Looted Art Trove," Melissa Eddy, November 5, originally published in The New York Times and since revised.

Senior public prosecutor Reinhard Nemetz said Mr. Gurlitt's current location was unknown to the authorities. Neighbours at Mr. Gurlitt's apartment have reportedly not seen the white-haired 80-year-old -- who has an Austrian passport -- since summer. "Lost Nazi art: Unknown Chagall among paintings in Munich Flat", Louise Barnett, Berlin. November 5.

The paintings were discovered stacked between dirty plates and cans of food past their sell-by date, in the run-down apartment of the reclusive 80-year-old Cornelius Gurlitt, the son of an art collector who was yesterday said to have disappeared without a trace. "He could be anywhere in Germany. We think he may have access to unlimited funds," a Munich customs spokesman said. "Search is on for second cache of art confiscated by the Nazis", Tony Paterson, Berlin, The Independent.

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Gurlitt Art Collection: English language media reports German government to cooperate with publicizing art works

theguardian.com published a report today by the Associated Press under the headline: "German government unveils details of 'Nazi art': 'Almost 600 works of art discovered in the Munich apartment of Cornelius Gurlitt may have been stolen by Nazis':

Bowing to demands from Jewish groups and art experts, the German government has made public the details of paintings in a recovered trove of about 1,400 pieces of art, many of which may have been stolen by the Nazis, and said it would put together a taskforce to speed up identification. 

In a written statement, the government said as many as 590 works of art could have been stolen by the Nazis. In a surprise move, it quickly featured some 25 of those works on the website lostart.de and said it would be regularly updated.

According to the article:

A taskforce of six experts will be put together by the German government and the state government of Bavaria, with the support of a research group on "degenerate art" at the Free University of Berlin. Such art was largely modern or abstract work that Adolf Hitler's regime believed to be a corrupt influence on the German people. Many such works were later sold to enrich the Nazis. There were 380 works of art in this category, the government said. 

The taskforce would work in parallel with the continuing legal investigation by prosecutors in Augsburg, the government said. 

The prosecutor had only said there was evidence that one item – a Matisse painting of a sitting woman – was stolen by the Nazis from a French bank in 1942.

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Gurlitt Art Collection: Reuters Video: 'Cornelius Gurlitt who hid 1,400 art works was a tragic figure'

In this November 8 Reuters video posted on YouTube, Wolfgang Gurlitt in Barcelona says that his cousin Cornelius Gurlitt, whose collection of 1,400 artworks was seized from his Munich apartment by Bavarian authorities in February 2012 in an investigation regarding tax evasion, only sold paintings to support himself.

"He could have sold it [the art collection] in all these 60 years," Wolfgang Gurlitt said. "He could have sold the Picassos and all these famous paintings to a museum, to any rich people, so he was not interested in making money -- he was just interested in making money to make his own living."

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Gurlitt Art Collection: Images of the FOCUS Magazine 'Exclusive'

First page of FOCUS article

The second half of the front page spread

Jacobiene Kuijpers (ARCA '13) kindly scanned images of the FOCUS article that broke the news of the 'discovery' of the Hildebrand-Cornelius Gurlitt art collection. Sascha Gleckler, an American living in Berlin, reviewed the article, translating from German to English. Ms. Gleckler, who took an art law class while earning her degree from Stanford Law, said that until this week she had not been aware of the weekly publication FOCUS but that the investigation on the Gurlitt collection lead the evening news on television last Sunday in Berlin. "How did this remain a secret while they were researching these paintings?" Ms. Gleckler asked. "And how will they deal with what started as a tax issue and is now leading into issues about restitution for Holocaust looted art?"

The issue of this week's FOCUS carries a front page exlusive of "Der Nazi-Schatz", The Nazi Treasure, described as a sensational discovery after 70 years of 1500 lost works of art by artists including Picasso, Matisse, Chagall, and Dürer with a value that might be worth more than one billion euros. Credit at the end of the 11-page article (exclusive of advertising) is given to Markus Krischer and Thomas Roell. Here's a link to a German television interview with Mr. Krischer.

Third page

Fourth page

Focus-Research described how Cornelius Gurlitt's trips on the train with large amounts of cash aroused the suspicion of Bavarian custom authorities and lead to a search of his dirty and cluttered apartment in Munich and the discovery of about 1,500 artworks. The article includes a summary of the history of degenerate and confiscated art during the National Socialist era.

Fifth page

Sixth page

The article includes images of paintings by Franz Marc (fifth page) and a photo of the legendary Parisian art dealer Paul Rosenberg standing next to a painting by Matisse. On the sixth page is an image of Max Beckmann's 'Lion Tamer' (in German, "Löwenbändiger").

The seventh page includes a photo of Cornelius Gurlitt's residence and photos of artists on file.

Seventh page

Eighth page

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Gurlitt Art Collection: Images of FOCUS Magazine 'Exclusive' Continued

The article includes information about three art dealers who had handled (bought and sold) degenerate paintings during the Nazi regime: Karl Buchholz, who opened a gallery in New York City and conducted business from Spain to Romania for Joseph Goebbels; Ferdinand Möller, an international dealer in Expressionist paintings who made a lot of money selling confiscated (including degenerate) -- he held back a lot of expensive paintings and pictures for himself and after the war he showed the invoices that he had bought them for himself (FOCUS); and Bernhard Böhmer, a sculptor and a dealer, who as an associate for National Socialism became a millionaire before committing suicide at the end of the war.

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Gurlitt Art Collection Discovery: Augsburg Press Conference on November 5 reacts to Focus exclusive

by Catherine Sezgin, ARCA Blog Editor

Yesterday's Augsburg press conference followed publication Sunday by the German magazine Focus of the discovery of an art collection hoarded by Cornelius Gurlitt, the son of a German art dealer of modern art active during the Nazi era.

Here's a video posted by the British newspaper, the Guardian, on November 5, 2013:

A press conference in Augsburg shows some of the 1,406 unknown works of art found in a Munich apartment in 2012. They include works by Matisse, Marc Chagall, and Otto Dix. Reinhard Nemetz, Augsburg state prosecutor, said (translated from German to English with subtitles provided by The Guardian): A total of 121 framed and 1,285 non-framed works, among them from famous artists, were seized. There were oil paintings, others in Indian ink, pencil, water colours, colour prints, other prints from artists like Max Liebermann and others. Dr. Meike Hoffmann, Berlin’s Free University, said (in English): “Of course, it was very emotional for me to see the works of art and to recognize that they exist but not comment to the value of the collection.

In an accompanying article ("Picasso, Matisse, and Dix among works found in Munich's Nazi art stash") written by Philip Oltermann in Berlin, the art works were described:

Treasures discovered during a raid on Cornelius Gurlitt's flat in Schwabing include a total of 1,406 works – 121 of them framed – by Franz Marc; Oskar Kokoschka; Henri de Toulouse-Lautrec; Max Liebermann; Ernst Ludwig Kirchner; Max Beckmann; Albrecht Dürer; a Canaletto sketch of Padua; a Carl Spitzweg etching of a couple playing music; a Gustave Courbet painting of a girl with a goat; and drawings and prints by Pablo Picasso.

Art historian Meike Hoffmann, of the Free University of Berlin, said the art world would be particularly excited about the discovery of a valuable Matisse painting from around 1920 and works that were previously unknown or unseen: an Otto Dix self-portrait dated around 1919, and a Chagall gouache painting of an "allegorical scene" with a man kissing a woman wearing a sheep's head.

Other information reported by the Guardian from the conference: 'most of the pictures had been stored professionally and were in good condition; only a couple of paintings had been slightly dirty'; the flat had been raided on 28 February 2012, not in early 2011 as Focus magazine had reported on Sunday; Gurlitt, an Austrian national owns another property in Salzburg, but a Munich customs official 'said the existence of more hidden artworks was "not likely"'; and the whereabouts of the 80-year-old Cornelius Gurlitt are unknown.

The emergence of old masters such as Dürer and Canaletto among the modernists further complicates the picture of the extraordinary art collection. Initial speculation had been that most of the pictures were "degenerate art" looted or confiscated by the Nazis. Now it looks likely that at least some were purchased by Cornelius Gurlitt's father, thus making him the rightful owner. One painting, by Gustave Courbet, was auctioned off -- presumably to Gurlitt senior -- as late as 1949. Hoffmann said that determining which of the works have to be returned to the descendants of their rightful owners could take a long time.

As for the authenticity of the art, the Guardian reported:

Hoffmann said she had only properly examined 500 works and could therefore not comment on the entire collection. "With the works I have done research on, I am assuming that they are authentic works. But that's just my personal assessment."

Melissa Eddy for The New York Times reported from Augsburg in "German Official Provide Details on Looted Art Trove" (November 5) identified Siegfried Klöble, the head of the Munich customs office, as the one who oversaw the operation to recover the art and Reinhard Nemetz as the chief of the state prosecutor's office.

Louise Barnett in Berlin reporting for Britain's Telegraph in "Lost Nazi art: Unknown Chagall among paintings in Berlin flat" focused on the emergence of an 'untitled allegorical scene by Marc Chagall' identified by Dr. Hoffmann as 'dating back to the mid-1920s and "was of especially high art history value"'.  Here's a link to images credited to AFP/Getty images as posted by the Telegraph.

After the press conference, Catherine Hickley for Bloomberg reported in "U.S. List Helps Heirs Track Nazi-Loot Art in Munich Cache":

A list of art compiled by U.S. troops in 1950 may help Jewish heirs identify works looted by the Nazis that wound up in a squalid Munich apartment, researchers from the Holocaust Art Restitution Project said. U.S. troops vetted Heldebrand Gurlitt's collection -- including works by Max Beckmann and Edgar Degas -- and handed it back to him 63 years ago, according to a custody receipt that Marc Masurovsky and Willi Korte, researchers at HARP, found yesterday in the National Archive in Washington.

Masurovsky told Hickley that Gurlitt 'regularly acquired works at the Jeu de Paume in Paris, where the Nazis assembled art looted from French Jewish families during the Nazi occupation. Masurovsky is the director of the Cultural Plunder Database of the objects taken from the Jeu de Paume.

Here's links to two article published prior to the conference:

Report of Nazi-Looted Trove Puts Art World in an Uproar, The New York Times

Dirty Munich Home's Nazi Loot Estimated at $1.35 Billion, Bloomberg

And here's links to articles reacting to the news:

Search is on for second cache of art confiscated by the Nazis, The Independent

Nazi art: does Germany have a problem returning art stolen by the Nazis, Telegraph

BBC News: Nazi art trove raises host of legal questions, BBC

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Kunsthaus Lempertz: The auction house used by the Beltracchi forgery gang, Cornelius Gurlitt, and for liquidating Jewish-owned art galleries during the Nazi-era

by Catherine Sezgin, ARCA Blog Editor-in-Chief

Journalist Alison Smale wrote for The New York Times in Berlin in "Report of Nazi-Looted Trove Puts Art World in an Uproar" that the auction house Kunsthau Lempertz was surprised to discover more information about the million dollar Max Beckmann painting they had sold in 2011. These are the first three paragraphs of Ms. Smale's article:

BERLIN - There was no hint that the older man who called a couple of years back about selling a picture could be sitting on an unimaginable trove of art confiscated or banned by the Nazis. When the proffered work, "Lion Tamer" by the German artist Max Beckmann, was collected, the seller seemed to be a proper gentleman in Munich dispensing with a lone, dusty art gem at the end of his life. 

It was a "fantastic picture," recalled Karl-Sex Feddersen of the Cologne auction house Lempertz, who noted how pleased the auction house team was with the auction price: 864,000 euros, or $1.17 million. 

When he learned on Monday that the Beckmann seller, Cornelius Gurlitt, now 80, had reportedly sat on hundreds of works, including art by Picasso and Matisse, that were confiscated under the Nazis or sold cheaply by owners desperate to flee Hitler, Mr. Feddersen was amazed. "Imagine!" he said, envisaging seeing and selling such a collection.

According to Catherine Hinkley of Bloomberg, Beckmann's "Lion Tamer" belonged to Alfred Flechtheim who's heirs settled with Cornelius Gurlitt before the Lempertz auction in October 2011.

Kunsthaus Lempertz  is described as one of the leading art auction houses in Europe. This Cologne auction house is associated with another story covered in the ARCA blog: the Beltracchi forgery case. In October 2011, Catherine Hinkley reported for Bloomberg that the convicted forger Wolfgang Beltracchi had used the Kunsthaus Lempertz:

The Cologne auction house Kunsthaus Lempertz said in January that it had sold five of the forgers' works. The authenticity of all of them "was confirmed by leading experts and some of them were subsequently shown in a number of museums." 

"My colleagues and I, like the whole art market, were deceived by the highly skilled and professional operations of the forgers," Lempertz chief executive Henrick Hanstein wrote in a letter to the Frankfurter Allgemeine Zeitung in July.

Beltracchi and his accomplices were sentenced to 15 years in prison for selling $14 million in forged paintings.

In this radio interview with the BBC on November 4, Clarence Epstein of the Max Stern Art Restitution Project explains the role of the Lempertz auction house in Cologne during the Nazi-era. Max Stern, Epstein explains, inherited a gallery established by his father in 1913 in Dusseldorf.

When Max Stern entered the scene in 1934 he had about one year before he started receiving letters from the Chamber of Fine Art in Germany advising him that due to his Jewish persuasion he was no longer permitted to transact as an art dealer. For the following three years, Max Stern was forced, under duress, to liquidate his family gallery and effectively consign the final pieces from the gallery and family collection to an auction house in Cologne, Germany, called Lempertz, which at that time was transacting what was called "Jew sales" for what was the final act of business of the Gallery Stern in that city.

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