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  LEGAL ISSUES

By Rochelle Steinhaus
Court TV

Though the hunt is on for those responsible for the Gardner heist, the two mysterious men who pulled off the biggest art theft in history may have reason rest easy. According to Massachusetts state law, as long as the pair do not possess the art or were not responsible for masterminding it, they cannot be prosecuted for the robbery. That's because the statute of limitations for robbery in that state lapsed six years ago.

In one of the most unregulated industries in the world, legal issues regarding art thefts remain some of the most complicated. And since art that is recovered is often discovered in a different country from where it was stolen, discrepancies in systems of law further complicate legal actions for victims to recover their property.

Depending on where a work of art is discovered could have much to do with who the law favors - the theft victim or the good-faith purchaser. U.S. laws generally favor the victim, for example, because a thief cannot pass "good title" to even an unsuspecting a purchaser. No laws exist requiring sellers of art to verify whether a work has been stolen, however, though the major worldwide auction houses like Sotheby's and Christie's make it their policy.

In an attempt to unify the laws, several international organizations have set forth agreements which member nations have signed.

The following are some of the laws and international agreements regarding art theft.

Massachusetts Statutes
Limitations of criminal prosecutions Read Chapter 227, Section 63
Stipulates the statutes of limitations on specific crimes. While murder, for example, can be charged at any point after the crime was committed, other crimes are limited to a set amount of time following the incident in question. State prosecutors can not prosecute for a robbery beyond six years, according to the law.

US Federal Statutes
Theft of Major Artwork
Enacted: 1994
Statute of Limitations: 20 years
Penalty: 10 years
Read statute 18 USC 668
Spurred by the Gardner heist, the federal statute was adopted in 1994 making it a more serious crime to steal any work from a more than century old or worth more than $5,000. The law, however, doesn't apply to the Gardner heist since it wasn't adopted until three years after the crime.

Stolen Cultural Property Read statute 19 USC 2607
Makes importing stolen art into the United States illegal

International Agreements
The Hague Convention
Organization: UNESCO
Year: 1954
Location: Netherlands
Number of Countries: 85
Read the Hague Convention agreement
The United Nations Educational, Scientific and Cultural Organization (UNESCO) called this May 15, 1954 convention, formally called the "Convention for the Protection of Cultural Property In the Event of Armed Conflict," to ratify the first international agreement solely dedicated to the protection of cultural property.

1970 Convention
Organization: UNESCO
Location: Paris
Number of Countries: 95
Read Convention agreement
This agreement states countries where stolen art is discovered are bound to return it to nation from where it was stolen. The convention (on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property) also agreed to implement laws regulating the importation of art.

Convention on Stolen or Illegally Exported Cultural Objects
Organization: UNIDROIT
Location: Rome
Year 1995
Number of countries: 40
Read the Convention agreement
This convention of The International Institute for the Unification of Private Law, better known as UNIDROIT, produced an agreement stating anyone in possession of stolen art must return it, no exceptions. It aims to force prospective purchasers to take on the responsibility of investigating whether an item is stolen before buying it.

Convention on Stolen or Illegally Exported Cultural Objects
Organization: European Union
Year 1993
Member Countries: 15
Read the resolution
The objective, according to the agreement is to "secure the return of national treasures of artistic, historic or archaeological value that have been unlawfully removed from the territory of a Member State once controls have been abolished at internal frontiers."

 

 

 
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