Scholars Give First-Hand Accounts of Archaeological Looting in Peru

Terraces at Choquequirao, Peru
Photo by Harley Calvert.  CC 

As the January 3 deadline approaches for submitting comments to CPAC (the Cultural Property Advisory Committee) regarding Peru's renewal request for import protections, some scholars have supplied firsthand accounts of the threats to cultural property in that country.

Brian Bauer of the University of Illinois remarks to CPAC:

"I am a Professor of Anthropology at the University of Illinois at Chicago, and have conducted archaeological research in Peru for more than 30 years. Looting is a huge problem in Peru and every day the archaeological record of its past civilizations becomes smaller as sites are destroyed. Much of the looting is fueled by the demand for artifacts, in both the art and antiquities market. The current restrictions on the importation of artifacts from Peru into the USA plays an important role in curbing the demand for these artifacts and helps to preserve archaeological sites. I urge you to continue as well as further strengthen these [regulations]." 

Dr. Margaret Jackson of the University of New Mexico writes in her public comments to CPAC:

"This message is in support of the proposed extension of the ban on archaeological and cultural properties from Peru. As a scholar specializing in art and cultural materials from the Andean region, I can personally speak about the kinds of damage caused by the illegal traffic in antiquities. I've witnessed it firsthand. When people think of ancient Peruvian culture, they often think of the pristine mountain fastness of sites like Machu Picchu, but unfortunately, the actuality is rather different. To supply a voracious art market, site after site will be chewed up by looters, bones and burials desecrated, architecture obliterated, fragile murals and other remains turned to rubble and cast aside. This happens at sites large and small all over Peru. Placing legal restrictions is the only way to curtail the destruction. I strongly support any measures toward this end."

And Maya Stanfield-Mazzi of the University of Florida describes:

"As a professor of art history at the University of Florida, I request that you renew the MoU with Peru to protect that country's cultural heritage. I have conducted research in Peru for several years and have seen the damaging effects of the theft and destruction of that country's heritage, both Pre-Columbian and Spanish colonial. These losses are damaging to the Peruvian people as a nation and to the Peruvian economy. It is important to the standing of the United States that it not be seen as complicit in the trade of illicit art and artifacts. Please continue to support Peru's efforts to conserve its heritage."

Comments regarding the Peruvian request for a Memorandum of Understanding (MoU) with the United States that would renew import protections pursuant to the Cultural Property Implemantaion Act (CPIA) may be submitted by clicking here.

CONTACT: www.culturalheritagelawyer.com

Alltop Lists Cultural Heritage Lawyer As Best of the Best - Thank You

Merry Christmas to all my readers.  Courtesy of your interest in and subscriptions to this blog, an early gift arrived today.  Alltop placed Cultural Heritage Lawyer on its Top Archaeology News site.  This blog is honored to join the ranks of such prestigious publications as Archaeology magazine, ScienceDaily, and Looting Matters on Alltop's list.  Thank you to all my readers.

CONTACT: www.culturalheritagelawyer.com

Brogan Museum To Close on January 15

Brogan Museum
Source: Ebaye

Just a little over a month after authorities seized the Cristo Portacroce from the Brogan Museum in Florida (see here), directors announced that they will close the doors to the museum indefinitely on January 15 because of financial problems.  Watch the WCTV report here.  It remains to be seen if the museum will reopen.

CONTACT: www.culturalheritagelawyer.com

Landau Files Motion to Suppress in Theft of Major Artwork Prosecution

Baltimore Division courthouse.
Source: US District Court of Maryland

Lawyers for Barry Landau have filed a motion to suppress the evidence the government obtained from a search of Landau’s home.  Landau is charged in M`ryland federal district court with conspiracy and theft of major artwork. See here for background.

Landau is scheduled for trial in February and is presumed innocent unless found guilty beyond a reasonable doubt.  His co-defendant, Jason Savedoff, entered a guilty plea earlier this year.  Find more information at this link.

Federal agents executed a search warrant on July 12, 2011, reportedly seizing historical documents from Landau’s New York City apartment.  But Landau claims, through his counsel, that the search warrant lacked sufficient probable cause and, therefore, the evidence seized cannot be admitted by the government at trial.

The motion to suppress contends that police observed Savedoff acting suspiciously at the Maryland Historical Society (MHS), and it was Savedoff who was found with historical documents after being arrested.  Despite the fact that Landau was not seen to have acted suspiciously and that Landau did not have possession of any historical documents, police unlawfully placed Landau under arrest and acquired a search warrant based on specious facts, the motion argues.  The motion to suppress explains:

"The affidavit provided to Judge Katz in support the respective applications for search and seizure warrants failed to establish probable cause to permit the searches authorized.  Because there was no evidence recovered from Mr. Landau, and no one observed him stealing any documents or acting inappropriately while at the MHS and prior to his arrest, there was no probable cause to allow a search of his residence and all evidence seized at this apartment pursuant to the search warrant should be suppressed."

CONTACT: www.culturalheritagelawyer.com.

"Lava Treasure" Prompts INTERPOL Alert to Dealers and Collectors

INTERPOL (the International Criminal Police Organization) has issued an alert to specialist dealers and coin collectors.  The agency seeks to recover gold coins and plates discovered off the coast of Corsica more than 25 years ago.  The 1700 year objects are part of the "Lava Treasure."

Authorities have been attempting to reclaim the Roman-era items after identifying divers who made off with the find from French waters and then sold the haul for millions.  France prosecuted eight people implicated in the case, and the nation recovered coins and a plate from the treasure last year worth up to nearly three million dollars.  Many unrecovered items could still be on the market.  Click here for more background on the case.

Anyone with information about gold coins or plates from the Lava Treasure should contact INTERPOL here.

CONTACT: www.culturalheritagelawyer.com.

Finding a Competent Lawyer for Your Medical Malpractice Suit

When a doctor makes a mistake in treating a patient, the immediate conclusion is that the latter may have a medical malpractice case against the former. It may be true to some, but not all, instances. It is not enough that the physician committed an error in the diagnosis. The more important factor is that the client should have been harmed by the mistake, which can happen anytime during the course of medical treatment.

The immediate recourse in any case of malpractice by the medical profession is a lawsuit. However, before you can file a lawsuit, there has to be a proof that the mistake caused damage or further harm to you, the patient. Amputation of the wrong limb is a clear case of malpractice. However, there are instances when the dividing line is unclear as to whether it was malpractice or not. For instance, instead of the infection on your arm getting cured, your arm's condition worsened after the treatment. Thus, a medical malpractice case is a complicated and long process. Aside from the requirement an expert witness to disprove the pieces of evidence presented by the medical professional, the services of an experienced personal injury attorney & lawyer from a reputable law firm is highly required.

What are the things that you need to consider when considering a malpractice case against you doctor?

• Look for lawyers who specialize in medical malpractice cases. There are only a few lawyers in this field because these cases are considered not only complicated but also risky and highly expensive. You may want to search for the list of reputable firms first, and them determine whether the firm handles malpractice cases.

5 Lawyer Tips for Prepping for a Big Case

Sometimes one may find himself or herself in a big lawsuit.Regardless of whether the person is a plaintiff or a defendant, it is necessary to be well prepared in order to get the best legal presentation. Getting the right legal representation can prove to be a daunting task especially in terms of professionalism and experience. Therefore it is advisable that one hires a lawyer judiciously so as to win a big lawsuit. To get the best legal representation, there are tips that one should keep in mind. Below are five tips on how to prepare for a big case:

1. It is advisable hire a lawyer that is well known to potential client. This is necessary so that the individual can be sure his or her lawyer cannot be compromised. Basically it is a way of building self confidence during the lawsuit. The lawyer should also be in a position to represent the client very strongly during the court proceedings.

2. There are specific law firms that handle specific cases. The firms have highly qualified, well reputed and experienced attorneys. By contacting the lawyers, the client is able to get a lawyer that could t win the case based on the experience and expertise he or she has in similar cases.

Criminal Defence Lawyer - Role and Responsibilities!

Criminal defense lawyers play an increasingly important role of defending individuals charged with innumerable criminal offences like murder, theft, robbery, assault, impaired driving and many others. Individuals charged with any of these criminal offences require a legalized representation in the court of law. For this purpose, he or she needs to hire a criminal attorney who deals with the substantive matters of the crimes with which his or her clients are accused.

Important role and responsibilities of criminal attorney have been discussed below:

• Gathering information about the case is one of the major tasks performed by criminal defence lawyer. He gathers information from all witnesses present at the time when criminal act was carried out. He understands the case properly and puts forward its negative and positive aspects in front of clients. In some of the cases, he also sits with the prosecutor for reducing the charges faced by their clients to some extent.

• A criminal defense attorney looks after all aspects of a case. In some cases, he also hires investigators for collecting evidences and proving his clients innocent.

• Criminal lawyers play an important role of protecting an individual's rights.

Peruvian Archaeology, The Costs of Cultural Property Repatriation, and Satellite Imagery to Combat Looting

While Peru currently pursues its request for an extension of American cultural property import protections under the Cultural Property Implementation Act (see this post for background), PRI’s The World and the BBC reported on yesterday’s repatriation of artifacts to Peru by Yale University.  You can listen or read the news item by clicking on the links.

Naturally, the ongoing problem of archaeological site looting was mentioned in the reports by Mattia Cabitza.  Two observations bear some attention.

First, it is not often that we hear about the specific monetary costs of repatriation.  Blanca Alva of the Peruvian Ministry of Culture is quoted as saying: "The problem is that repatriations are expensive."  "They involve a court case, and you need to pay lawyers, transportation, packing, insurance, laboratory tests, etc.”  Cabitza informs us that “[i]n 2007, the Peruvian government estimated that it spent $625,000 (£400,000) on the repatriation of some 400 antiquities.  Ms Alba believes repatriating antiquities is, in the long term, a price worth paying, but she would prefer it if more was done to fight looting.”

Second, there was a discursion about using satellite imagery to combat clandestine archaeological looting.  The idea has been mentioned many times before and bears repeating.  Indeed, Cabitza writes that “Nicola Masini of Italy's Institute for Archaeological and Monumental Heritage has been using satellite imagery in Peru since 2007. . . . Mr Masini believes satellites could also be used to combat looting, because they reveal the presence of fresh excavations.”

Satellite monitoring should be used as a tool for detecting site looting around the globe and for collecting evidence in order to both deter clandestine digs and to prosecute illegal antiquities trafficking.  Commercial satellite imagery can be expensive, but the technology has shown early results when used to expose war crimes (see the Satellite Sentinel Project).  Satellites may be used in a similar fashion to combat crimes affecting cultural heritage.  Global Heritage Network (GHN) announced that it started using satellites this year to monitor endangered cultural sites, and Google Earth is being utilized in some places as a cheaper alternative.  But there should be more widespread discussion about investing in the higher resolution images that can be provided by a commercial company like DigitalGlobe, which furnishes GHN's images.

Satellite image of the famous site of Macchu Pichu in Peru.

CONTACT: http://www.culturalheritagelawyer.com/.

Cultural Heritage and War: A Video Report on Libya

A recent video produced by NATOchannel.tv reports on cultural heritage in Libya in the context of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.  The short, two part film titled NATO and Libya - Cultural Heritage in Times of Unrest can be viewed below.

One important remark is made by Dr. Joris Kila, Chairman of the International Military Cultural Resources Work Group.  He explains that friendly military forces committed to protecting cultural property can deny enemy forces a potential reservoir of military financing.  The comment is another reminder that meaningful investigation to uncover the connection between illegal antiquities trafficking and weapons purchases is sorely needed.

Part I

Part II

CONTACT: www.culturalheritagelawyer.com.

CPAC Will Meet to Consider MoU Extensions with Cyprus and Peru - Public Comments Period Open

Extensions of the Memoranda of Understanding (MoU) with Cyprus and Peru will be taken up by the Cultural Property Advisory Committee (CPAC) at their next meeting in Washington, DC.  A public session will be held on January 18, 2012 to consider extending the bilateral agreements the United States has with these nations, which implement US import protections covering jeopardized cultural property.

An MoU is enacted pursuant to Article 9 of the 1970 UNESCO Convention (the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property).  The treaty is implemented in the US by the federal Cultural Property Implemntation Act (CPIA).  Import protections granted under the CPIA last for five years and may be renewed.

To attend the public session, reserve your place by calling  the Cultural Heritage Center of the Department of State at (202) 632–6301 by 5 p.m. EST on January 3.

Byzantine bronze cross from Cyprus
subject to US import protections.
Source: US State Dept.

Public comments may be submitted electronically to CPAC.  Click here to comment on the Cyprus MoU extension, or here to comment on the Peru MoU extension.  Comments are due January 3 by the end of the day.  If you encounter any problems, visit the eRulemaking web site at http://www.regulations.gov/.  Enter docket number DOS-2011-0135 for Cyprus or docket number DOS-2011-0136 for Peru and follow the instructions on the web site.  Be aware that the electronic submissions process sometimes can be cumbersome.  Comments may also be mailed to:

Cultural Heritage Center (ECA/P/C)

SA-5, Fifth Floor

Department of State

Washington, DC 20522-0505

The comments must address one, some, or all of the four determinations outlined by the CPIA.  Quoting 19 USC 2602, the four determinations are:

(A) [whether] the cultural patrimony of the State Party is in jeopardy from the pillage of archaeological or ethnological materials of the State Party;

(B) [whether] the State Party has taken measures consistent with the Convention to protect its cultural patrimony;

(C) [whether] --

(i) the application of the import restrictions . . . with respect to archaeological or ethnological material of the State Party, if applied in concert with similar restrictions implemented, or to be implemented within a reasonable period of time, by those nations (whether or not State Parties [to the 1970 UNESCO Convention]) individually having a significant import trade in such material, would be of substantial benefit in deterring a serious situation of pillage, and

(ii) remedies less drastic than the application of the restrictions set forth in such section are not available; and

(D) [whether] the application of the import restrictions . . . in the particular circumstances is consistent with the general interest of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes.

CONTACT: www.culturalheritagelawyer.com.

European Union Seeks Comments Relating to Cultural Property Protection

The European Commission (EC) of the European Union (EU) says in a November 29, 2011 press release that it is seeking comments on "on ways to improve the safe-keeping of cultural goods and the return between Member States of national treasures unlawfully removed from their territory."  The EC consists of a representative group of Commissioners who serve as the executive body of the EU.

The European Commission's public statement adds that it "launched a public consultation on ways to improve the safe-keeping of cultural goods and the return between Member States of national treasures unlawfully removed from their territory. The consultation will provide an insight into the views of public authorities, citizens and other stakeholders on the most effective way to facilitate such return."

Vice President Antonio Tajani

EC Vice President Antonio Tajani is quoted as saying: "Today, the illicit trafficking of cultural property is a major problem, going beyond a significant economic dimension, to affecting the core of our cultural identity. I share the increased concern of citizens and Member States and I am working to improve the situation. Please be a part of this effort and let us have your comments and ideas".

Contact information regarding where to send comments may be found here [Update 1/24/12: this link apparently has been suspended].  The deadline is March 5, 2012.

CONTACT: www.culturalheritagelawyer.com.

Franchise Lawyer - A Specialist in Franchise Law

A franchise lawyer is one whose primary practice is law. There can lawyers who help those interested in making a investment. The types of legal services offered by law of this type include negotiating franchise contracts, reviewing disclosure documents and sometimes negotiating the lease for the ultimate retail location. Fees for attorney are an hourly rate that ranges from a low of $300 to $600 or more per hour.

The second kind of lawyer are those who help companies that want to expand and sell franchises for their business model. A attorney of this type usually drafts franchise disclosure documents, the agreement and registration applications. There are approximately 14 states where a lawyer needs to file a registration application before the company can Offer or sell franchises in these states. There are also 24 states that have business opportunity laws the lawyer may need to comply with in order for the company to offer or sell franchises in these states. Attorney who do this type of work typically charge hourly rate that ranges from a low of $300 to $600 or more per hour for franchising a business services.

HOW TO FIND A GOOD FRANCHISE LAWYER

Using a lawyer early in the process is best, whether you are thinking about buying a franchise or franchising a business. But with franchise it's also important to be selective and savvy. Find a lawyer who, in addition to their law degree also has an MBA (Master of Business Administration) and you've narrowed the field to a select few. It's surprisingly easy to do this. You can simply do a Google search for MBA franchise attorney. Now you're dealing with a lawyer who understands both the legal and business issues that are both critical in the franchise industry. You've done a good job at this point, but don't stop here. You can narrow the field and obtain the best of the best by finding a franchise, with an MBA, who also has franchise ownership experience. Whether you're buying a franchise for the first time or franchising a business, the advice received is a lot more meaningful and practical when it comes from a lawyer, MBA and former, successful franchise owner - as opposed to someone who has never operated a franchise before. Finding a attorney, with an MBA, and who has owned a successful franchise- that is the cream of the crop.

Personal Injury Lawyer Earnings

By definition, a personal injury lawyer is one who provides legal support to those who have been injured psychologically or physically owing to the wrongdoing or negligence of a company, agency, government or a person. They have knowledge and experience in the field called tort law which involves non-economic or economic damages to the rights, properties or reputation of a person.

Accidents, negligence and wrongdoing are not an uncommon occurrence. People suffer from pain, hurt or heavy losses. These losses maybe caused by some other people, organisations or agencies. In such cases the victims are liable for compensation by the accused. Personal injury lawyers help the victims file a lawsuit against those responsible and get an adequate compensation. Apart from wrongdoing, these lawyers also deal with death due to negligence, medical malpractices and accidents caused during work. His salary depends on several factors such as qualification, experience, location, size of the firm, type of employer etc.

Qualifications

Like most attorneys, he must have completed a four-year bachelor degree along with a three-year law degree from a law school. After completing the education, the lawyers must pass a bar exam for the state where they wish to pursue their law practice. To become a full time lawyer or even to practice law they must complete their internship at a firm. If he wants to be a law firm partner then he must have many years' experience. The salary is decided depending on the experience and the firm reputation.

Five Good Reasons To Hire A Lawyer

Some people will tell you that the cost to hire a lawyer to represent their interests is not worth the results. These are the same people who have never hired a law firm. They are either parroting the opinions of others or are simply assuming their declaration is true. Those people who have actually hired a lawyer will give you the straight facts. They will tell you that the expense involved is well worth it as they did much better with a good lawyer by their side than they would have alone. Here are the top five reasons that may encourage you to go ahead and hire that law firm.

Drug Side Effects: If you or a relative have been prescribed a drug that caused horrible side effects then having a lawyer on your side can be very important. Most lawyers firmly believe that it is a doctor's job to know what he is prescribing to his patients and what the side effects are. We go to our doctors and pay them to help us when we or our children are sick and we trust them to take care of us. When they betray that trust and prescribe something that hurts instead of helps we need a lawyer to help us fight for the compensation we deserve.

Work-Related Injuries: We all work very hard for our employers especially in today's lousy economy where our options for finding another job are practically nonexistent. We value our position in the company highly, sometimes more than the company values us. If we sustain an on-the-job injury we need a lawyer to make sure that the company doesn't shove us around. The Workers Compensation system is a maze and a lawyer specializing in such cases will make sure that the injured party is compensated for all medical bills and every hour of missed work.

The Role of a Criminal Defense Lawyer in Today's Time

Criminal defense lawyers sometime get a not-so-flattering portrayal because people assume that they defend guilty people. However, if you are a defendant in a criminal proceeding, you need the assistance of a qualified criminal defense lawyer, regardless of your guilt or innocence. As the protectors and advocates of the accused, defense lawyers play a pivotal role in the United States justice system to see that everyone charged with a criminal act has an opportunity to defend themselves.

Defense Lawyers Protect the Rights of the Accused

First and foremost, a criminal defense lawyer's role is to protect the rights of the accused. Upholding your rights under the Bill of Rights as set forth in the United States Constitution, criminal defense lawyers are bound by law to assist their clients by making sure you are treated fairly by the United States criminal justice system. Specifically, your criminal defense lawyer's job is to see that you are allowed:

·The right to a trial by a jury of your peers;

·The right to be presumed innocent until proven guilty "beyond a reasonable doubt";

· The right to a speedy and public trial;

MoU Extended With Bolivia - US Customs Issues Final Rule

Tamucumira Mask.
One of the Bolivian objects subject to
CPIA import regulations.
Photo courtesy US State Dept.

The US government has extended import protections over archaeological and ethnological objects from Bolivia. The two governments entered into a bilateral agreement  in 2001 pursuant to the Cultural Property Implementation Act (CPIA), which gives force to the 1970 UNESCO Convention (the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and transfer of Ownership of Cultural Property). Import restrictions under the agreement last five years and may be renewed each period.

Bolivia received emergency protection under the CPIA in 1989.  A bilateral agreement, or Memorandum of Understanding (MoU), was finalized in 2001, and the US government renewed that MoU in 2006.  The latest renewal occurred earlier this year.  The Federal Register reports:

"On August 26, 2011, after reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of Bolivia continues to be in jeopardy from pillage of certain archaeological and ethnological materials, made the necessary determination to extend the import restrictions for an additional five years. On November 10, 2011, diplomatic notes were exchanged reflecting the extension of those restrictions for an additional five-year period."

On December 1, 2011, US Customs and Border Protection published its final rule describing the specific import regulations.  The rule may be found here.

Thanks go to Gary Nurkin for news of the rule's publication.

CONTACT: www.culturalheritagelawyer.com.

US-Greece MoU Produces Final Cultural Property Import Protection Rule

United States Customs and Border Protection today issued the final administrative rule covering import restrictions covering archaeological and ethnological material from Greece. The rule follows the July 17, 2011 adoption of a memorandum of understanding (MoU) between the United States and Greece under the Cultural Property Implementation Act in accord with the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The MoU entered into force on November 21, 2011 and can be found here.

Greek mosaic.
Source: Bijan.  CC.

Import protections are now in place on Greek archaeological and ethnological cultural items dating from around 20,000 B.C. through the 15th century A.D. These restrictions last for five years and were instituted in order to "control illegal trafficking of such articles in international commerce" and to protect "endangered cultural property," according to the rule.

Ancient objects subject to seizure at the American border include those made of stone, metal, ceramic, bone, ivory, glass, faience, textile, papyrus, paint, mosaic, wood, glass, and parchment. The import restrictions cover sculptures, sarcophagi, reliefs, furniture, vessels, tools, weapons and armor, coins, beads, pottery, musical instruments, documents, paintings, floor mosaics, and more.

Lawful entries of these specified cultural objects are permitted in certain cases. For example, a valid export permit from Greek authorities would allow an archaeological or ethnological cultural object to enter the US border.

The Federal Register has published the rule at 19 CFR Part 12.  Click here for the full text.

CONTACT: www.culturalheritagelawyer.com.