Memorandum of Law in Support of the Gov't's Opposition to Claimants' Sotheby's Inc.

https://www.box.com/s/8151e109df20b1f1f3c2



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Antiquities Dispute Pits Cambodia Against Establishment

https://www.youtube.com/watch?v=GjAGbVRU52w

Cambodian officials say they are considering asking US museums for the return of their stolen objects.

The Cambodian government has filed suit in a US court to have a statue that was looted from this site seized from the giant auction house Sotheby’s.

Brian Calvert, VOA Khmer

21 July 2012

LOS ANGELES - Two empty pedestals at Koh Ker temple, in Siem Reap province, mark a battleground that has big implications for Western museums. They are the feet of two looted statues that ended up in America.

The Cambodian government has filed suit in a US court to have a statue that was looted from this site seized from the giant auction house Sotheby’s. And now Cambodian officials say they are considering asking US museums for the return of their stolen objects.

Jason Felch, an investigative reporter for the Los Angeles Times and an author on a book about the antiquities trade, says the case is drawing battle lines.

Cambodian blood antiquities

Photo: Duryodhana, 10th century statue from Cambodia

Wednesday 20 June 2012
ABC Radio National (Australia)

"[Sotheby's] argument, well, can't stand on it's own two feet! Why? Because the feet are in Cambodia."

You've no doubt heard of the term blood diamond, but what about blood antiquities? In the 1970s many artefacts from Cambodia's ancient Hindu temples were plundered during the Vietnam War and the horror of the Khmer Rouge regime. They were taken out of the country and many landed in private collections as well as museums and auction houses. Now the Cambodian government is seeking repatriation of their cultural heritage and is taking legal action to get them back. Tomorrow in the US, a court case is being heard over a 10th century Hindu statue that was to be auctioned by Sotheby's.

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Should Cambodian 'blood antiquities' be returned?

This kneeling figure at the Metropolitan Museum of Art was estimated to have been carved around 921 to 945.

Thu June 7, 2012
By Mark V. Vlasic and Tess Davis, Special to CNN

STORY HIGHLIGHTS

• Writers: Met and Sotheby's have ancient figures thought to have been looted in Cambodia
• U.S. authorities have attempted to seize Sotheby's figures; now Cambodia seeking those at Met
• Vlasic, Davis say some in art world act the victim because Cambodia wants its art back
• Writers: Why would anyone want stolen art? Both sides must make reasonable concessions

Editor's note: Mark V. Vlasic, a senior fellow and adjunct professor of law at Georgetown University, served as the first head of operations of the joint United Nations-World Bank Stolen Asset Recovery Initiative and leads the international practice at Madison Law & Strategy Group PLLC. Tess Davis is the executive director of the Lawyers' Committee for Cultural Heritage Preservation and is working with Cambodia to combat the illicit trade in the kingdom's antiquities.

(CNN) -- The last time most New Yorkers focused on pillaged antiquities from Cambodia was likely after the release of the Angelina Jolie film "Lara Croft: Tomb Raider," which featured the heroine's adventures through the country's famous archaeological wonder, Angkor Wat.

Now, real "tomb raiding" is making the news as the Cambodian government seeks to recover antiquities allegedly plundered from the kingdom's ancient sites during its civil war, ethnic cleansing and foreign occupation.

At Cambodia's request, the United States recently filed suit in U.S. District Court against Sotheby's in New York, demanding that the auction house forfeit a sandstone warrior that was "illicitly removed," according to the complaint, from a remote jungle temple. But according to a recent New York Times story, Cambodia has now set its sights on another Manhattan institution: the Metropolitan Museum of Art. It has specifically targeted the highlight of its Southeast Asian collection: two kneeling figures that archaeologists declare are companions to the contested Sotheby's piece.

If these stones could speak, what a story they would tell.

Cambodia's looted treasures

SOTHEBY'S WARRIOR: His feet are still at Prasat Chen, in Cambodia. (Department of Homeland Security / April 24, 2012)

Plundered temples mean the history of many is lost for the pleasure of a few.

April 25, 2012
By Tess Davis
Op-Ed

During the Cambodian civil war from 1970 to 1998, the Khmer Rouge and other paramilitary groups began decimating that country's ancient sites in search of treasures to sell on the international art market. Along with arms dealing and drug smuggling, the looting and trafficking of artifacts became organized industries, which helped finance one of the 20th century's most notorious regimes.

My colleagues and I have documented the painful scars from this plunder — desecrated tombs, beheaded statues and ransacked temples — at archaeological sites throughout Cambodia. We've spoken with looters, middlemen and dealers, and have even posed as collectors. The exact path of pillaged objects is admittedly difficult to trace. But when they do surface, more often than not, it is in the legitimate art world.

US Government, Sotheby's Battle Over Ancient Khmer Warrior Statue

http://www.voanews.com/templates/widgetDisplay.html?id=147194785&player=article

Cambodian Statue Stays at Sotheby's, for Now

Wednesday, April 11, 2012
By ADAM KLASFELD
Courthouse News Services

MANHATTAN (CN) - A 10th century statue that was allegedly looted from a HinduKhmer temple in Cambodia can remain in Sotheby's pending the resolution of forfeiture proceedings, a federal judge ruled Wednesday.

Duryodhana, which translates to "difficult to fight with," is a sandstone statue depicting an antagonist of the Mahabharata, an epic battle described in "The Bhagavad Gita."

Prosecutors believe that Duryodhana and a statue of his arch-nemesis, Bhima, were looted from the Prasat Chen temple in Cambodia in the 1960s or 1970s, as war raged in the neighboring Vietnam and the Khmer Rouge rose to power.

"These two statues once stood face to face, depicted at the moment of preparation for their epic battle, as chronicled in 'The Bhagavad Gita,'" the complaint states. "The site of this sculptural group is now surrounded by rubble from the building and only the pedestals on which they stood remain."

United States v. A 10th Century Cambodian Sandstone Sculpture & Sotheby's reply

http://www.box.com/s/92bc408ae74d831c704b


http://www.box.com/s/44c596f3af547f95a315

U.S. demands Sotheby's give up ancient Cambodian statue

Mon Apr 9, 2012

NEW YORK (Reuters) - U.S. prosecutors on Wednesday filed suit demanding auctioneer Sotheby's forfeit a 10th-century sandstone statue the government says was looted from a Cambodian temple.

The statue, known as the Duryodhana, is believed to have been stolen from the Prasat Chen temple at Koh Ker in Cambodia sometime in the 1960s or 1970s, U.S. Attorney for the Southern District of New York Preet Bharara said in a statement.

The Duryodhana "was looted from the country during a period of upheaval and unrest," Bharara said. "With today's action, we are taking an important step toward reuniting this ancient artifact with its rightful owners."

If successful in the suit, the United States plans to return the statue to Cambodia.

Feds vs. Sotheby's: Antiquity looted in Cambodia, complaint says

The disputed Cambodian antiquity, as shown in court documents. (April 5, 2012)

April 5, 2012
By Tina Susman
Los Angeles Times

New York — Federal agents have threatened to seize from Sotheby's a 10th-century Cambodian sandstone statue, alleging the auction house planned to sell it despite warnings that looters had stolen the piece from its rightful place, adorning an ancient temple in the former Khmer kingdom.

Court documents filed Wednesday in New York say the Duryodhana statue -- listed as the "Defendant in rem" in the complaint -- was apparently torn from the Prasat Chen Temple in Koh Ker in northern Cambodia sometime in the 1960s or early 1970s, when the Asian nation was engulfed in civil unrest. The statue fell into the hands of a private collector in Belgium, whose heirs recently reached an agreement with Sotheby's to sell it on consignment.

"In April 2010, Sotheby’s imported the Duryodhana into the United States and made arrangements to sell the statue, despite knowing that it was stolen from Koh Ker," according to a statement from U.S. Atty. Preet Bharara in New York.

Sotheby's, Famed Auction House, Caught Knowingly Trying to Sell Stolen Cambodian Statue, Prosecutors Say

Thu., Apr. 5 2012
By Graham Rayman
VillageVoice.com (Blogs)

Sotheby's tried to sell a 1,000-year-old Cambodian statue that was pilfered from an important religious site, even though the famed auction house knew it had been stolen, federal prosecutors say.

In a story filled with intrigue, spies, temple thieves, and the scent of money, federal prosecutors in Manhattan have brought a civil forfeiture action to return the statue to Cambodia after three decades. Sotheby's had been planning on selling it for $2 to $3 million.

"In April 2010, Sotheby's imported the Duryodhana into the United States and made arrangements to sell the statue, despite knowing that it was stolen from Koh Ker," federal prosecutors say.

The sandstone statue, known as the Duryodhana, was made in the 10th century, and resided at Prasat Chen temple at Koh Ker in Cambodia, until it was stolen in the 1960's or 1970's during the civil war and genocide which devastated the south Asian nation.

Sotheby's Asked to Give Up Ancient Hindu Statue

Thursday, April 05, 2012
By BARBARA LEONARD
Courthouse News Service

MANHATTAN (CN) - Federal prosecutors have filed suit to force forfeiture of a 10th century sandstone statue from the Sotheby's auction house so that it can return to Cambodia.

The Duryodhana was stolen from the Prasat Chen temple at Koh Ker in Cambodia as war raged in the neighboring Vietnam and the Khmer Rouge took power in 1975, according to the complaint.

"The Koh Ker site is of great significance from a religious, historical, and artistic perspective," according to the complaint, which explains that the city was an ancient capital that was once home to "a vast complex of sacred monuments."

Prasat Chen, a sandstone temple at Koh Ker dedicated to the Hindu god Vishnu, was looted in the 1960s or 1970s, prosecutors say.

Among the temple's lost artifacts are two large sandstone statues, the Duryopdhana and the Bhima.

Officials Are Set to Seize Antiquity [... on Thursday]

A 2011 Sotheby’s catalog shows a thousand-year-old statue believed to be from the Koh Ker temple in Cambodia.

April 4, 2012
By RALPH BLUMENTHAL and TOM MASHBERG
The New York Times

Federal agents in New York on Wednesday moved to seize a thousand-year-old Cambodian statue from Sotheby’s, alleging in a civil complaint that Sotheby’s had put the 10th-century figure of a mythological warrior up for auction despite knowing that it had been stolen from a temple.

Investigators said the sandstone statue, whose return is being sought by Cambodia and which is valued at $2 million to $3 million, would be impounded on Thursday by agents from the United States Department of Homeland Security.

The statue, consigned to Sotheby’s for sale by a Belgian collector, had been set for auction in New York in March 2011 but was abruptly pulled from the market at the last minute after Cambodia claimed ownership. At the time Sotheby’s rejected Cambodia’s efforts to recover the Khmer antiquity, insisting there was no proof that it had been looted and therefore the auction was legal.

But in a series of internal e-mail exchanges obtained by investigators and included in the federal complaint filed Wednesday in United States District Court in New York, at least one Sotheby’s officer is depicted as having been told in 2010 by a scholar in Cambodian art that Cambodian officials considered the statue a looted artifact.

Feds seek to confiscate ancient statue in NYC

April 4, 2012
AP

NEW YORK — Federal prosecutors are seeking to confiscate an ancient statue from Cambodia that had been bound for auction at Sotheby's in New York.

The U.S. attorney's office in Manhattan filed court papers Wednesday alleging the 1,000-year-old relic was stolen from a temple in Cambodia and illegally imported from Belgium to be sold at auction. The court papers say it was consigned by a private collector to Sotheby's in 2010.

Prosecutors say the statue is of "extraordinary value" to the Cambodian people.

U.S. demands Sotheby's give up ancient Cambodian statue [-About time!]

Tue, Apr 3 2012

NEW YORK (Reuters) - U.S. prosecutors on Wednesday filed suit demanding auctioneer Sotheby's forfeit a 10th-century sandstone statue the government says was looted from a Cambodian temple.

The statue, known as the Duryodhana, is believed to have been stolen from the Prasat Chen temple at Koh Ker in Cambodia sometime in the 1960s or 1970s, U.S. Attorney for the Southern District of New York Preet Bharara said in a statement.

The Duryodhana "was looted from the country during a period of upheaval and unrest," Bharara said. "With today's action, we are taking an important step toward reuniting this ancient artifact with its rightful owners."

If successful in the suit, the United States plans to return the statue to Cambodia.

Return of Stolen Cambodian Art

Dear Brothers and Sisters

YOU are invited into the Solidarity campaigning against the Sothebe company in order to return the stolen of Cambodia Art , so please find in the attachment for the Call for Action and for more detail and press up to raise hearing voice to the world that this great heritage is belong to Cambodia while this company refuses to return and ACILS will meet up with the Ministry of Culture and Fine Art on these but we also need your voice and supports as well , so please share and forward this information to people you know and invite them to show up with solidarity to distribute a leaflet (CALL FOR ACTION TO RETURN THE STOLEN CAMBODIAN ART) in front of the national museum on Friday tomorrow at 4 pm .

Looking to seeing you all there

In solidarity
Tharo
........................
Khun Tharo

Red List of Cambodian Antiquities At Risk

http://www.box.com/s/gcr8vrmgm002ikrvcp8f

The Real Secret of Cambodia’s Mythic Warrior: Archaeological Insight

By Kent Davis
Originally posted at http://www.devata.org/2012/03/the-real-secret-of-cambodias-mythic-warrior-archaeological-insight/

…like a good Indiana Jones movie, the real story of this lost treasure began with a flash of archaeological insight in a remote Asian jungle half a world away….

Koh Ker, Cambodia – Protests from the Kingdom of Cambodia recently halted the multi-million dollar Sotheby’s sale of an ancient stone statue with the support of the United States government. When the Cambodians sought help bringing the thousand-year-old Khmer statue back to their country the New York Times ran a detailed article entitled “Mythic Warrior Is Captive in Global Art Conflict.”

10th century Cambodian sculpture previously scheduled for a multi-million dollar Sotheby’s sale.

Their investigation reveals that the legal and moral issues surrounding the ownership and sale of ancient art are quite complex. In this case, one generous art collector may actually provide a positive solution. But like a good Indiana Jones movie, the real story of this lost treasure began with a flash of archaeological insight in a remote Asian jungle half a world away.

Mystery of the Missing Men of Koh Ker

One thousand years ago, the Khmer Empire ruled most of what is now Southeast Asia from its capital in Angkor. During their heyday, the architecturally and artistically sophisticated Khmer people created some of humanity’s most extraordinary stone temples and statues. Apart from a few stone inscriptions, however, no written records of the civilization survived. Out of necessity, archaeologists have had no alternative but to piece the story of the Khmer people together, clue by clue and stone by stone.

Rising above 30 meters in height, Koh Ker’s central temple-mountain of Prasat Thom was built 100 years before Angkor Wat. Photo: Khmersearch, Panoramio.

Early in the 10th century (for reasons that are still unclear), King Jayavarman IV and his son Harsavarman II relocated the empire’s capital from Angkor to an isolated plateau 100 km to the northeast. There they built the city of Koh Ker, a huge new complex of temples and shrines, where they established their throne for a brief 16 year period (928-944 AD). Like all great Khmer cities, Koh Ker was ultimately abandoned and swallowed up by the jungle. The rediscovery of the Khmer civilization by Westerners didn’t begin until French explorers arrived in the second half of the 19th century.

In 2007, stone conservator Simon Warrack was working with the German Apsara Conservation Project (GACP), a scientific organization that had been doing critical restoration on Angkor Wat temple for more than a decade. In May, Warrack took a side trip to the Koh Ker site (Google Map link) to consider future conservation needs there.

At Koh Ker, Warrack noticed two distinctive pedestal platforms in the first enclosure of Prasat Chen. There, by the west gopura (an entry structure), he saw the feet where two statues had clearly been broken off. But the gods that once stood there were nowhere to be found. The mystery sparked his imagination.

The two Koh Ker pedestals as Warrack found them at Prasat Chen in May 2007. The pedestal circled in red shows a fabric section still attached in the center.

Virtually Connecting Ancient Dots…and Stones

Second statue looted from Koh Ker now at the Norton Simon Museum

A Collection of Cambodian Sculpture by Alan Priest (1937)

A Collection of Cambodian Sculpture by Alan Priest (1937)
http://www.scribd.com/fullscreen/59843577?access_key=key-1k5vuq9gx9zp99rce63o