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Monday, December 08, 2008

Stolen Art Watch, Harry Winston Raiders Visit Drazic, Stojkovic Before Raid, Mikic in Drag, Update !!!

Native home of Harry Winston Raiders, above.

News from Zagrab.
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Apparently, the raiders of Harry Winston Paris called at a French Law Court to give moral support to their counterparts who were being sentenced for previous Jewel heists.

On their way back they raided Harry Winston, passed the haul to the Turk, then left France clean ?

Dragan Mikic got 15 years, Goran Drazic got 10 years, and Boban Stojkovic got 6 years, although they can relax and receive funds to make life easier inside jail.
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However, Dragon Mikic was sentenced in absentia as he had previously escaped custody during a gun battle.
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To make things worse, Dragon Mikic observed his sentence from the public gallery dressed as a woman.
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Some could say this brazen action shows Dragon has Balls, although he was not showing them !!

Upon another note, if Police review the video of the trial sentencing for Drazic and Stojkovic they will see the Harry Winston raiders enter and leave the court buildings on surveillance tapes and can also see them on court video. However, this was before they dressed up in women's clothes, apart from Dragon Mikic.

From there it should be easy to identify the Harry Winston raiders.

Now, where is the Harry Winston haul located ??

I have already said, South Suburbs of Paris.

Now off you go and recover the Harry Winston haul, if not then go and visit the Drazic and Stojkovic to make a deal.
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Update:
-
There has been a miserly reward offer for the recovery of the Harry Winston haul set at
"Up to $1 million"
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Of course this is a bogus reward offer, therefore why not set it at $10 million to make it sound tempting.
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News coming in the reward offer is being dismissed and the Underworld have already countered with an Underworld reward offer.
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This Underworld reward offer is for $2 million for a tip off that someone is speaking to authorities.
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This gang is not good, but very good.
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When will authorities and insurers realise their cheap reward offers do nothing to smoke out inside information that could realistically lead to recovering the Harry Winston haul.
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So, does an insider take a chance and give information to authorities hoping to collect the false bogus miserly $1 million reward offer, or does an insider report to the Underworld Godfathers of potential leaks and collect $2 million reward ??
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Food for thought, no doubt !!!!!

Saturday, December 06, 2008

Stolen Art Watch, Harry Winston, Victim of Underworld United Nations !!


More news on the Harry Winston Raid in Paris.

This just in from Grad Zagrab. A former Zagrab Mayor's offspring.

"There is a new Modus Vivendi between Serbian and Croatian underworld figures."

Launched from the South Suburbs of Paris, from a house close to Tomulic parents home, the Harry Winston diamond robbery is a small part in the bigger picture of Underworld United Nations at work.

The Turk has control of the Harry Winston Diamonds as collateral for the 100+ kilo's of Heroin trafficked via Poland.

A proxy of the Turk has arranged for the Harry Winston haul to be deposited in a bank vault whilst the drug deal proceeds.

I suppose if the drugs get through and are sold maybe the Harry Winston Diamonds will be given back to the man behind the robbers. The drugs may have already got through and the Harry Winston diamonds are collateral after the drug deal ???

If authorities are quick they could recover the Harry Winston haul whilst it is still in Paris, south suburb's, Tomulic.

The United Nations Underworld are proving to be a formidable foe to authorities, not least Interpol.

Beware the gangsters mole who appears to be wearing costume jewellery, it could be the Harry Winston haul disguised as cheap paste.

A tried and tested way to smuggle diamonds over borders is to be blatant and use the excuse the diamonds are not real.

The more brazen and open, the more likely border guards will not suspect.

A quick bit of work backing the large diamonds from Harry Winston with foil to dull the appearance of the diamond, then set in a cheap mount and it is very hard to tell if the cheap looking costume jewellery is the real thing in disguise.

I bet if a reward of $10 million was offered there could be a breakthrough, no matter the reward will be false and never paid, it could smoke out inside information that could see a recovery quickly whilst the haul is still in transit ???

Upon another note, it may not many degree's of separation from this Harry Winston diamond robbery and the two art thefts in Switzerland earlier this year, January and February 2008, when first, two Picasso's on loan from Germany were stolen and funny enough taken back to Germany. Then the theft of the Cezanne and Degas, which still remain outstanding.

Wonder how long it will take before authorities realise they could stumble across either the Harry Winston diamonds or the stolen Swiss paintings if they collate their investigations.

The key is the contraband the Harry Winston diamonds and Swiss stolen paintings are used to purchase.

To be continued..............

Friday, December 05, 2008

Stolen Art Watch, Stolen Diamonds are Forever, Not Just for Christmas !!


£70m jewels stolen from top Paris jeweller's

By Geoff Meade, PA
Friday, 5 December 2008



French police were today hunting for four thieves who carried out the biggest-ever jewellery raid in Paris - two of them dressed as women.


"They probably aren't still dressed as women," said one police source, as one of the most prestigious jewellery shops in the French capital was counting the cost of the audacious robbery which netted the gang almost £70 million in rings, necklaces and other expensive gems.

The four stormed into Harry Winston's, purveyor of jewellery to the stars and nobility, yesterday afternoon - able to identify staff by their names and even aware where the finest items, not on display, were stored.

The shop is in the so-called "golden triangle" of Paris shopping streets - the city's equivalent of London's Bond Street area.

About 15 browsing customers and the staff were bundled into a corner of the shop while the gang efficiently swept display jewellery into sacks. They virtually emptied the shop.

Police said they carried guns, but did not fire them. And an alarm system said to be linked to a central security system in Switzerland did not give sufficient advance warning for police to intercept the gang.

A special French police squad tackling organised crime - the Brigade de Repression du Banditisme (BRB) - predicted that the gems would be melted down and sold on in Eastern European countries, seen as the ripest for "fencing" stolen goods.

There was speculation that the raid might even have been carried out on the orders of East European crime syndicates.

The same branch of Harry Winston's was last targeted 14 months ago, in October last year. On that occasion, jewellery worth nearly £8 million was taken. The store offered a reward of more than £400,000 but the haul was never recovered and the thieves never caught.

Art Hostage comments:

News coming in from Tel Aviv about this robbery.

Apparently during the summer potential customers viewed some diamond pieces at this store and got to know the names of staff who served them, they also viewed from where staff retrieved some highly value pieces.

However, this customer did not buy anything and was really only checking out the premises and gaining intelligence about the workers.

More news coming in from Turkey revealing this raid was conducted by locals who could
originally hail from Albania or Turkey.

Now the biggest and best diamonds are not going to Eastern Europe but to Israel via Antwerp.

Funny enough, for the meantime some of this haul is being deposited in banks in Paris.

A case of moving the haul just a few blocks.

Keep you posted as more comes in.

Saturday, November 29, 2008

Stolen Art Watch, Churchill Letters, Underworld Currency !!


Churchills letter stolen after valuation on TV show

London, Nov 29 (ANI): A letter written by former British Prime Minister Winston Churchill has been stolen from council offices.

The theft comes just days after it was suggested on TVs Antiques Roadshow that a similar note could fetch a huge amount of money.

Churchill was a minister in 1910 when he wrote the letter to Cranbrook, Kent, thanking locals for their sympathy to George V after his father, Edward VII, died.

It is believed that the thief might have been tempted to nick it after watching the BCC1 show, reports British tabloid The Sun.

The antique letter is worth up to 10,000 pounds.


Handwritten letter by Churchills wife found in drugs raid

London, Aug 9 (ANI): A hand-written letter from the wife of Sir Winston Churchill has been found by police during a drugs raid at a house in Mexborough, South Yorkshire.

British officers found the letter and three cheques mounted on a card inside a plastic sleeve with a quantity of heroin.

The note from Clementine Churchill thanks a woman for making a donation to a Red Cross fund of which she was the president.

Police want to trace the owner of the letter, which is dated 1942.

The letter says: “This is to acknowledge with grateful thanks your contribution to Mrs Churchill’’s Red Cross Aid to Russia Fund.”

The Aid to Russia fund, set up by the Red Cross in 1941 to pay for clothing and medical supplies to send to Britain’’s Russian allies, raised 8million pounds.

Mrs Churchill was the fund’’s president.

A 55-year-old woman was arrested on suspicion of theft and possessing class A drugs at the property.

The woman’’s 32-year-old son and her sister, 41, were also arrested on suspicion of theft. They have been bailed until October while police make further inquiries.

“The address on the letter is not in Doncaster but it is South Yorkshire. I am confident it is not a reproduction as it is handwritten on both sides. We urge anyone with any information about the letter or who believes it may belong to them to get in touch with us, The Independent quoted PC Steve Roberts of Doncaster police, as saying. (ANI)

Art Hostage comments:

These two cases connected ????

What these two cases show is a direct link between art theft and the drugs trade.

Unfortunately, victims and art lovers can only wait until Police stumble across stolen art during drug raids.

By treating stolen art recovery as a bonus of other Police raids, drugs mostly, rather than an intention of a Police raid looking for stolen art, mainstream stolen art recovery has been reduced to almost zero, not withstanding the high profile cases, whereby Police are forced to devote resources for political reasons.

Wednesday, November 19, 2008

Stolen Art Watch, Dumb and Diller !!

Romania undercover police recover stolen paintings

BUCHAREST, Romania (AP) _ Art thieves who tried to sell a Florentine painting worth 2.5 million euros ($3.15 million) to undercover officers for 5,000 euros ($6,300) have been arrested by Romanian police, officials said Wednesday.

The thieves stole "Madonna with Child, Two Saints, Two Angels" from a private collection in Vienna and transported it in the trunk of a car to the central Romanian city of Brasov, slightly damaging it, said Codrut Olaru, head of Romania's anti-organized crime police.

The thieves also took a second painting by Ferdinand Georg Waldmueller worth 1 million euros ($1.26 million), Olaru said at a news conference.

He said a Romanian and two Hungarians had been arrested in Brasov after trying to sell the more valuable work — painted in about 1400 by a Florentine-school painter — to the undercover police for a fraction of its value. They were charged with theft.

Police also recovered the Waldmueller painting and around 30 other items, including other paintings, icons and silverware. The items, some of which were also damaged, will be returned to their owners.


Stolen clocks found
years later

Clocks found in France
Last Edited: Wednesday, 19 Nov 2008, 3:07 PM CST
Created On: Wednesday, 19 Nov 2008, 3:06 PM CST

By SHAWNA OHM, Associated Press Writer
JERUSALEM (AP) - Timepieces from a priceless collection stolen from a Jerusalem museum were discovered in French bank vaults, police said Wednesday, more than two decades after the heist.

The 43 watches and clocks will return to Israel, where they will join dozens of others from the collection found two years ago, police said Wednesday, reuniting most of the collection of 106 rare artifacts. The 1983 theft from the L.A. Mayer Museum for Islamic Art was the costliest heist in Israel's history.

Included in the original collection was an 18th-century watch made for French queen Marie Antoinette by famed watch maker Abraham-Louis Breguet, valued at $30 million by museum officials.

According to Israeli investigators, the first break in the case came two years ago when officials told them the museum paid about $40,000 to an anonymous American woman to buy back 40 items, including the Marie Antoinette watch. Museum director Rachel Hasson told The Associated Press that the watch is "the Mona Lisa of the clock world." She said that find included another piece by Breguet known as the "Sympathiques."

Police forensics experts then examined the clocks, and detectives questioned the lawyer who dealt with the sale. Eventually, police were led to Nili Shamrat, the widow of Naaman Diller, an Israeli thief notorious for heists in the 1960s and 70s.

Diller confessed to his wife on his deathbed, police said.

In the heist, police said, Diller bent the bars to a museum window and used a ladder to climb inside. They added that the thief appeared to have staked out the museum and knew where the guard was stationed and that the alarm was broken.

When Israeli and American law enforcement officers questioned her at her home in Los Angeles last May, they found more stolen clocks.

From there, Israeli police continued pursuing tips on where Diller may have scattered the remaining collection, until the 43 pieces turned up in France.

While none of the recently discovered timepieces rival the Marie Antoinette watch, Hasson said, "It is an amazing collection, they are beautifully designed."

Of the 106 rare timepieces taken in 1983, 96 have now been recovered. Police spokesman Mickey Rosenfeld said. After the first batch showed up, Hasson said she hoped to display the clocks within two months.

Friday, November 07, 2008

Stolen Art Watch, Dadd Heist Foiled, Madness, its all Bloody Madness !!


Thief escapes after failed bid to steal painting

A THIEF is on the run after failing in an attempt to swipe a painting from the Museum of Croydon yesterday (Thursday) afternoon.

Officers from the Met's Art and Antiques Unit were called to the museum, in the Croydon Clocktower, in Katharine Street, after the incident.

Security guards were able to stop the picture being stolen, but were not able to stop the man from escaping.

The attempted theft, which happened around 12.45pm, was of a painting by Richard Dadd, entitled "Portrait of a young man".

Police say the painting is safe and undamaged and will remain on display with increased security.
Anyone with information should contact the Met's Art and Antiques Unit on 0207 230 2150 or Crimestoppers, anonymously, on 0800 555111.

Art Hostage comments:
Madness, bloody madness !!
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Richard Dadd the artist stabbed his father to death thinking he was the killing the Devil, Dadd was sent to the mental asylum Bedlam and spent his last 42 years in custody.
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There is a bad vibe about stealing a Richard Dadd, so it seems ironic this attempt was thwarted, especially as nearly all art heists prove to be successful.

Thursday, November 06, 2008

Stolen Art Watch, Underwood Stroke Thwarts Police, Again !!!


Antiques Charges Dropped !!

Criminal charges against a man accused of being an antiques "Knocker" and duping elderly women have been dropped after he suffered a stroke.
Michael "The Ambassador" Underwood, 64, was taken seriously ill at Brighton Crown Court and the trial was abandoned.

The Crown Prosecution Service has decided not continue proceedings against Underwood, of Copenhagen Court, Brighton Marina, who denied concealing criminal property and perjury.

The case is to continue against Anthony Blok, 71, of Fulham, who denies eight charges including perjury and posession of criminal property.

Backstory
Wednesday, May 07, 2008
Stolen Art Watch, Simon Muggleton's Revenge, Best Served When Retired !!
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Antiques Rogue Who Deceived Women

An Antiques "Knocker Boy" duped elderly women into selling valuable heirlooms for as little as one hundredth of their true value, a court was told.

Michael "The Ambassador" Underwood appeared on the doorsteps of wealthy widows in Crowbourgh, London and the Isle of Man to persuade them to part with treasured possessions, it is claimed.

His solicitor, Anthony Hershal Blok, is accused of hiding a £300 receipt for a painting Underwood bought worth £30,000 or more on the open market.

Underwood, of Copenhagen Court, Brighton Marina, went to prison in 2006 rather than reveal the fate of the work, entitled "Girls On A Beach" by Sir William Orpen, Brighton Crown Court was told.

He is accused of failing to declare ownership of the work when he filed for bankruptcy in 2002 so it would not be seized to pay his debts.

The court was told that Underwood had been a client of Blok since 1995.

The prosecution claims Blok had files containing the cash proceeds of crime by other clients in his office.

Blok is accused of lying to a court by claiming he did not know the identity of the Orphen painting's owner.

Blok is also accused of failing to pass on information about suspected money laundering by people he represented as a criminal lawyer.

Amanda Pinto QC, prosecuting, said Underwood had tried, since obtaining the painting in 1993, to get it removed from a register of missing and stolen artwork so he could sell it.

She said, "They made concerted efforts to legitimise the painting, which had been obtained in criminal circumstances by Mr Underwood."

Blok, 71, of Gowan Avenue, Fulham, faces charges including two counts of perjury, three counts of failing to disclose evidence of money-laundering, and one count each of transferring criminal property, assisting another to obtain property which was a proceed of crime, and possession of criminal property.

Underwood, 64, of Copenhagen Court, Brighton Marina, is accused of concealing criminal property and perjury.

Underwood has a previous conviction for dishonestly obtaining property from an elderly woman in Chelsea. In that case, retired Sussex Police Art and Antiques Squad Detective Simon Muggleton, of Corsica Road Seaford, traced a stolen Porcelain plaque back to 1948, thereby showing Underwood and his accomplice Lee O'Donell were guilty of deception, for which Underwood was jailed.

Both men deny all charges. The trial is expected to last five weeks.

Art Hostage comments:

This is a case of sweet revenge for ex-Sussex Police Art and Antiques Squad icon Simon Muggleton, who has had a long personal feud with Michael "The Ambassador" Underwood.


Although Simon Muggleton retired a couple of years ago, he doggedly worked to seek his vengeance on Underwood and Blok and with the current court case it seems his vengeance is complete, guilty verdict or not.

To be continued.....................

Posted by Art Hostage at 11:38 AM 0 comments Links to this post

Tuesday, May 06, 2008
Stolen Art Watch, Brighton Antiques Mafia, Godfather and Lawyer go on Trial !!
The Crown Court

at Lewes

Daily List for Tuesday 6 May 2008 at LAW COURTS, EDWARD STREET, BRIGHTON.

http://www.courtnews1.co.uk/courtlists/current/lewes_T080506.01.htm
--------------------------------------------------------------------------------

Court 3 - sitting at 10:00 AM


HIS HONOUR JUDGE HAYWARD

For Trial

T20087048 BLOK Anthony H

T20080064 UNDERWOOD Michael D

Intriguing to say the least, I'll keep you posted as and when further news emerges !!
Posted by Art Hostage at 2:13 PM 0 comments Links to this post

Tuesday, April 22, 2008
Stolen Art Watch, History Provides Clue to Court Appearence !!


Art dealers jailed for Lowry theft

http://news.bbc.co.uk/1/hi/uk/147317.stm

From August 7th 1998

Two art dealers who stole valuable L S Lowry oil paintings from their 94-year-old owner have each been jailed for four years.

Michael Openshaw and Robert Barrett ignored the protests of the pictures' owner Dr Percy Thompson-Hancock as they took the two canvasses - 'Children on a Promenade' and 'Family of Three' - from his living room wall, leaving a £10,400 cash 'payment' behind.

They sent Dr Thompson-Hancock £6,000 in the post a few days later but it still came nowhere near the true values of paintings, the jury at Southwark Crown Court were told.

The distraught doctor and his family desperately tried to retrieve the paintings, unaware that they had been auctioned off by Bonhams for £78,000.

Eight months after the theft, the two appeared - with a price tag of £215,000 - at a Bond Street art gallery where they were spotted by Dr Thompson-Hancock's granddaughter.

'Despicable' act

Neither of the two men showed any reaction as the jury convicted them of two counts of theft. They rejected their claims that they had been victimised by the former doctor's "greedy" relatives after they had realised how much the oils were worth.

Passing sentence, Judge David Elfer QC told them: "What you men did was despicable. It was in fact a determined crusade by you to get from the doctor the best pieces that he had."

He said they had pestered their elderly victim repeatedly to part with the paintings, until finally they decided to take no more notice of his refusal to sell.

The court later heard that Mr Openshaw had only one previous conviction against him, but that Mr Barrett had a list of court appearances dating back 28 years.

They included stealing £9,000-worth of antique furniture from the home of a 90-year-old deaf and bed-ridden man.

Police believe the pair had spent years preying on elderly people across southern England.

Case officer Detective Constable Tim Snuggs said: "This case highlights the danger waiting for the old and frail, who should receive respect but don't, who cannot defend their homes and valuables and who don't know whom to trust."

He said it was difficult to gauge the extent of this sort of crime as victims were often too old and scared to come to court.

The five-day trial heard that Dr Hancock and his wife had built up a small collection of antiques and works of art including the two Lowrys over a number of years.

About five years ago, Robert Barrett and Michael Openshaw called round expressing an interest in some of the items.

They seemed "nice and sociable and appeared genuine" the doctor recalled, and he sold them a number of his pieces.

However, he always made it clear that the paintings, which he intended to leave to his two daughters, were not for sale.

It now seems likely that the two oils will eventually be returned to Dr Thompson-Hancock and his wife.

Fast forward to the Court listings for April 23rd 2008, see below:


http://www.courtnews1.co.uk/courtlists/current/lewes_T080423.02.htm


The Crown Court

at Lewes

Daily List for Wednesday 23 April 2008 at LAW COURTS, EDWARD STREET, BRIGHTON.


--------------------------------------------------------------------------------

Court 3 - sitting at 10:00 AM


HIS HONOUR JUDGE HAYWARD


NOT BEFORE 02:00 PM

For Mention
T20087048 BLOK Anthony H

Re:trial date
T20080064 UNDERWOOD Michael D



--------------------------------------------------------------------------------

Published: 22 April 2008 at 16:17 MLK/246883
Page No: 10 of 11

Art Hostage comments:

The link between the two cases.

A certain Anthony Hershal Blok was the solicitor, from Sears Blok and co, representing Barrett and Openshaw in the 1998 Lowry case.

Barratt and Openshaw complained about the £30,000 fee charged to them by Sears Blok for which they still got 4 years jail.

Michael David Underwood is a notorious Brighton Antiques Knocker Boy, nicknamed "The Ambassador" who was jailed, along with another Brighton Knocker called Lee O'Donnall for duping an elderly woman out of a porcelain plaque and was jailed for around 2 years.

The appearance together at the Court April 23rd 2008 as defendants leaves me wondering if the Brighton Antiques Mafia Lawyer has been caught up some kind of Art related criminal activity ??

Perhaps someone out there could clarify why these two, Anthony Hershal Blok and Michael "The Ambassador" Underwood are appearing together ??

Heart attack on the way ????

Sounds like a job for Owen Thomas QC

Hope it is not the same Owen Thomas who passed away last April, as Michael "The Ambassador" Underwood got 10 "Not Guilties" on the spin, when represented by Owen Thomas, Ironically, the one time Owen Thomas was not representing Michael "The Ambassador" Underwood he was found guilty, on the plaque charge and recieved 2 years jail.

Heard the other day Michael (Mickey) Underwood bought a Plane...... and for the other leg he bought a Razor !!!

Thursday, October 30, 2008

Stolen Art Watch, Knibbs Nabbed in Much Hadham Burglary !!


Rare antiques stolen in burglary
By Gemma Gardner

BURGLARS ransacked a Much Hadham home, snatching a haul of valuable and rare antiques.

Police are now asking for the public's help to trace the items which were taken last week.

The artefacts stolen include a rare Charles II period Walnut table clock with 'Joseph Knibb Londini Fecit' on the back, a late George III period, a George II silver lemon strainer, a bow front Mahogany stick barometer by Thomas Rubergall, a provincial lemon strainer by Pentecost, a Gowland Carriage Clock and a George II PAP boat.

The thieves gained entry to the house at 2.50am on Friday October 24.

They were disturbed when the intruder alarm activated and they left the property.

Detective Sergeant Tim Johnson, from the burglary and robbery team at Hoddesdon police station, said: "The owners of the items stolen are understandably upset by the burglary and are very keen to trace the stolen antiques.

"I would strongly encourage people to come forward if they have seen any of the items described, or if they have been offered to them for sale."

If you can help call the burglar and /robbery team on (01992) 533271, the non-emergency number on 0845 3300 222 or Crimestoppers on 0800 555 111.
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Art Hostage comments:
-
Now, before anyone thinks about blaming the "Johnson's" remember the Police Officer investigating this case is called Detective Sergeant Tim, (wait for it),..... Johnson !!!!

Tuesday, October 28, 2008

Stolen Art Watch, Da Vinci Madonna, Stories and Comments Removed !!


Da Vinci Madonna


To whom it may concern.


Art Hostage offers unreserved apologies.


Art Hostage has removed all stories and comments relating to the Da Vinci Madonna case and will not be making any further comments until after the trial.

Sunday, October 26, 2008

Stolen Art Watch, Harry Hyams Clocks Recovered in Ireland ???????


A 61-YEAR-OLD man is expected to appear at Downpatrick's Magistrate's Court next month charged in connection with the theft of antiques worth hundreds of thousands of pounds.

Police arrested the man on Thursday following the search of a house in the Saul Road area of Downpatrick on Wednesday, October 22.

Seven antique clocks - worth several hundred thousands pounds - were seized at the premises during the operation.

A man in his 40s was also arrested on Thursday but has since been released pending further inquiries.

The 61-year-old man is due to appear at court charged with receiving stolen goods on November 20.

Art Hostage Comments:

All will be revealed about this operation and the whole story of how this came about, since August release !!!!!

Saturday, October 25, 2008

Stolen Art Watch, Holocaust, The Fight for Justice Continues !!


Plan d’Orgon, October 25, 2008

To the attention of the Chairmen of the Judiciary
Committees of the French Assembly and he French Senate

RE : PROPOSAL FOR A BILL ON DUE DILIGENCE OBLIGATIONS OF MUSEUMS

My name is Régine Elkan, and I am a claimant against a
Paris Museum regarding a large collection looted during
World War II.

In 2002, I initiated a restitution action
with the « Commission d’Indemnisation des Victimes de
Spoliations » (« CIVS »), involving the Fine French
Furniture collection also called the « Bouvier »
collection, along with the a suit with the Paris
Administrative Court against the Office of the French Prime
Minister in 2006.

The suit in Administrative Court was filed because the CIVS
refused to apply the investigation rules which are imposed
by statute, it does not respect the principle of
confrontation of evidence by both parties, and it attempt to
manufacture false evidence.

Following the press announcement that the British
Parliament is considering a bill which would require all
state museums to unconditionally return to claimants all
artworks looted during World War II, I am that the Judiciary
Committees of the French Assembly and of the French Senate
submit a bill incorporating and making mandatory the ICOM
Code of Ethics.

If you have any question, please do not hesitate to contact
me at the address above or by email at
regine_elkan@yahoo.fr. I thank you in advance for your
help.
Sincerely yours,

Régine ELKAN

Art Hostage comments:

The screams for justice come from millions of men, women and children slaughtered by the most evil regime of the 20th century.

The fact people like Regine Elkan can visit a museum and see their persecuted ancestors artworks, openly displayed, like some Elitist, anti-Semitic trophy, beggars belief and is a stain on the character of the French elite and govt that will only be lifted when these tainted blood stained artworks are returned to their rightful owners.

-By allowing this injustice to continue, all of us are metaphorically pulling the trigger, as with the evil German below !!



President Sarkozy and wife Carla Bruni visit Israel, above, but failure to address the honourable request of people like Regine Elkan makes a mockery of the sympathies offered to Holocaust victims families. President Sarkozy, show some humanity, show France in its true enlightened spirit and demand justice for Holocaust victims families, do it now !!
---------------------------------------------------------------------------------------------
Régine Elkan
31 Impasse des Coquelicots
13750 Plan d’Orgon
(04) 90-73-25-13

Plan d’Orgon, October 25, 2008

Jean-Luc Warsmann
Chairman, Judiciary Committee
French National Assembly
126 rue de l'Université
75355 Paris 07 SP
By E-Mail : jlwarsmann@assemblee-nationale.fr, jean-luc.warsmann@wanadoo.fr

Jean-Jacques Hyest
Chairman, Judiciary and Constitutional Committee
French Senate
15, rue de Vaugirard
75291 PARIS Cedex 06
By E-Mail: jj.hyest@senat.fr

RE : PROPOSAL FOR A BILL ON DUE DILIGENCE OBLIGATIONS OF MUSEUMS

Sirs,

I am the daughter of Rosalie Elkan (born April 04, 1909, deceased January 01, 1998) and Robert Elkan (born November 1902, deceased March 20, 1968). My parents, along with other family members were victims of significant economic and financial spoliations during the Vichy Regime.

In May 2002, I initiated a restitution action with the « Commission d’Indemnisation des Victimes de Spoliations » (« CIVS »). Specifically, this action involved the so-called « Bouvier » collection, which was bequeathed to the Carnavalet Museum in Paris, France in 1965-1968. The executor in charge of this bequest was Jean Bourdel, a former President of the Paris Chamber of « Notaires ».

Following the restitution action with the CIVS, I initiated a suit with the Paris Administrative Court against the Office of the French Prime Minister on February 10, 2006, since the CIVS reports into the Office of the French Prime Minister.

My claim with the CIVS, along with my complaint with the Paris Administrative Tribunal, covers the Fraenkel estate, which was aryanized during the Vichy Regime. This estate included substantial financial assets, and most notably a very significant collection of XVIIIth Century French Fine Furniture (more than 200 artworks). This collection is now being held by the City of Paris and is one of the largest collections of the Carnavalet Museum.

As of today, these procedures have unearthed the following facts:

- The heirs of Adolphe Fraenkel were not aware of the existence or extent of the Fraenkel estate or of its looting until 1993 ; since 1993, the heirs of Adolphe Fraenkel have been diligent in preserving their rights by performing research of the artworks, by attempting to resolve the dispute directly with the Carnavalet Museum and the City of Paris, and by following the procedures established by the CIVS ;
- Certain documents from the city of Paris establish that the Carnavalet Museum violated the statutes in effect in 1965 during the bequest procedure of the Bouvier collection ;
- The executor of the Bouvier bequest, Jean Bourdel, who managed the bequest legal process in favor of the Carnavalet Museum in 1965, and who also was the Notaire who had control of the Fraenkel estate, was the President of the Paris Chamber of « Notaires » from 1943 to 1944. As such, Jean Bourdel played a central role in the aryanisation and looting of real estate assets held by Jewish families in Paris during this period. On this point, the National Archives (AJ38 archives of the Commissariat for Jewish Matters of the Vichy Regime) irrefutably support this fact, which contradicts the assessment of the Matteoli Commission Report issued in 1999.

When the CIVS was founded by then Prime Minister Lionel Jospin on September 10, 1999, I wanted to follow the « rules of the game » which the French Government had announced, by submitting my claims to a so-called independent arbitral process managed by a quasi-governmental commission, rather than resolving my claims with either French or foreign courts.

Following a six year process with CIVS, my experience has been extremely disappointing. As my suit against the French Prime Minister points out, the claims procedures and associated proceedings were marred by significant arbitrary abuses and the complete absence of due process:

- The CIVS consistently refused to proceed with appropriate and necessary research and investigation with the Bourdel Notarial Office, whereas this Office has all the appropriate records and information necessary to properly assess the Fraenkel estate. As a matter of fact, a simple investigation with the Bourdel Notarial office would have allowed the CIVS to avoid issuing absurd and contradictory interpretations of the outcome of the Fraenkel estate in its June 25, 2004 opinion. These erroneous conclusions were literally made up with the Government representative to the CIVS, who never verified his assertions with the Bourdel Notarial Office or never provided and evidence or foundations to support them. The Government representative orally presented these conclusions without a written transcript during a CIVS hearing, while I was never allowed to challenge these assertions either orally or in writing throughout the proceedings.
- The CIVS proceedings were marred by significant due process abuses when it investigated and reviewed the claims : most notably, the CIVS refused to admit a legal certificate of attestation, which established that I was a beneficiary of the Fraenkel collection. Most notably, the CIVS pressured Government officials in attempting to fraudulently create a new attestation contradicting the document I presented to the Commission.
- The CIVS refused to investigate or perform any provenance research with either the city of Paris or with the Genealogy Research firm Coutot-Roehig regarding the bequest of the Bouvier collection to the City of Paris. Following a request by me to the CADA (“Commission d’Accès aux Documents Administratifs”), I obtained on my own from the city of Paris certain limited records which showed the bequest of the Bouvier collection to the City of Paris violated the statutes involving bequest to public institutions in effect at the time.
- Following repeated requests, the CIVS refused to perform any provenance research or to provide me with any of the files containing the authentication of expert opinion regarding all artworks including the Bouvier collection, most specifically the authentication performed by Etienne Ader in 1965. During a hearing on June 25, 2004, the Carnavalet Museum Director, Jean-Marc Léri, conceded that he was intimately familiar with the details of both the Bouvier collection AND the Fraenkel collection. This statement, which was not recorded in any transcript by the CIVS, is a vivid confirmation that the City of Paris has in its possession of all of the records necessary for an appropriate provenance research and which it did not communicate. The Carnavalet Museum Director also conceded that these records did lead to an identification of a Fraenkel provenance for the Bouvier collection. This admission shows that the City of Paris and the Carnavalet Museum have in their possession all of the appropriate information to perform a complete and appropriate provenance research in order to trace back the Fraenkel collection. However, the Carnavalet Museum and the CIVS, which had the statutory obligation to perform the necessary research with the City of Paris, have both violated the ICOM (“International Council of Museums”) Code of Ethics, the UNIDROIT Convention and the Washington Principles (December 03, 1998), which require a Museum to investigate and perform a “due diligence” research regarding the provenance of an artwork.

Therefore, I have concluded that the CIVS process is a failure, since the CIVS does not apply the investigation rules which are imposed by statute, it does not respect the principle of confrontation of evidence by both parties, and it attempts to manufacture false evidence.

To remedy this unacceptable situation, and following the publication on October 18 by the Telegraph of an article titled “National galleries to hand back Nazi art”, which indicates that the British Parliament is considering a bill which would require all British state museums to unconditionally return to claimants or their heirs all artworks which were looted during World War II, I am submitting the following request to you:

I am requesting that the Judiciary Committees of the French Assembly and of the French Senate submit a bill amending the law covering the “MUSÉES DE FRANCE” (LAW n° 2002-5 du 4 janvier 2002) and the “DÉCRET DU 17 DÉCEMBRE 1928 RELATIF AU REGIME DES MUSEES DEPARTEMENTAUX ET MUNICIPAUX”.

The bill will incorporate and make mandatory certain language from the ICOM Code of Ethics. The proposed language would mandate (See Exhibit 1):

- That state and municipal museums must adopt and publish a collections policy addressing the acquisition of artworks;
- That state and municipal museums must perform a full title search prior to the acquisition through a systematic provenance research, while forbidding the completion of the acquisition unless the museum is fully confident that this research clears proper title; this certification should not be outsourced to a “Notaire” under the pretext of a search for potential heirs, since only museum professionals will be qualified to perform such a provenance research according to the appropriate ethical and regulatory standards. If anything, the case of the Carnavalet Museum demonstrates that State and Municipal museums cannot afford to rely on « Notaires », since this case shows that they no longer have credibility in this area;
- That state and municipal museums must perform a full provenance research to determine the effective ownership title on existing collections, and make the results of the provenance research public.

In my February 10 2006 complaint filed with the Administrative Tribunal against the French Government regarding the recommendations of the CIVS, I did not ask the court for the return of the Bouvier collection, but rather, I was limiting my complaint to requiring the French Government and the CIVS to comply with existing statutes and to provide me with the provenance information regarding the Bouvier collection and all information and records held by the Government or by CIVS regarding all the assets held by my family which were looted during the Vichy Regime.

In addition, you will notice that, unlike the approach being discussed in Great-Britain, I am not proposing a blanket mandate for museums to return the artworks to claimants. The reasons are as follows:

- French museums may be negatively affected by a blanket mandate to return looted artworks, while the critical issue in Nazi-looted art claims usually is the disclosure of the provenance, which is why I limit my request to the requirement of provenance research and disclosure;
- It is important to preserve flexibility, in order to either find solutions involving loans, financial compensations, shared title, or other formulas, which fit each situation.

In addition, you will notice that I am not proposing that State or municipal museums automatically waive the statute of limitations defense, which was the rationale behind a bill submitted in the French parliament in 2000 (bill number 2282), since this proposal assumed that the waiver would be valid for a period of 5 years, after which any claim would be foreclosed.

Therefore, I believe my proposal, which represents a very narrow change to existing laws:

- Will enable increased transparency regarding the national patrimony maintained by state and municipal museums;
- Will mandate the provenance research obligation, which ICOM members have already accepted to comply with by applying to and becoming member of ICOM, such as the Carnavalet Museum did;
- Does not represent an undue constraint or a significant costs on museum operating budgets, since the museum community has already signaled to the public and to the government their willingness to submit themselves to the systematic practice of provenance research;
- Will ensure that disastrous and unacceptable situations, such as the one the Carnavalet Museum is now facing, will not occur again.

If you have any question, please do not hesitate to contact me at the address above or by email at regine_elkan@yahoo.fr. I thank you in advance for your help.


Sincerely yours,



__________________________________
Régine ELKAN

cc: Bertrand Delanoë, Maire de Paris
Mairie de Paris
Place de l’Hôtel de Ville
75004 PARIS

Anna B. Rubin, Director
Holocaust Claims Processing Office
New York State Banking Department
One State Street
New York, NY 10004-1417 U.S.A.

UNESCO
Director-General Koïchiro Matsuura
c/o Spokeswoman
Mireille Jardin
Par E-Mail: m.jardin@unesco.org
By Fax: (01) 45 68 55 66
UNESCO
Mme Françoise Rivière
Sous-Directrice générale pour la culture
7, place de Fontenoy
75352 PARIS 07 SP
By Fax: (01) 45-67-16-90
By E-Mail : f.riviere@unesco.org

Ori Soltes
Chairman
Center for Holocaust Art Research
1785 Massachussets Avenue NW, Suite 100
Washington, DC 20036, U.S.A.

Ady Steg
Président, Alliance Israélite Universelle
45 rue La Bruyère
75428 Paris Cedex 09
By Fax : (33) 01 48 74 51 33
By E-Mail : info@aiu.org

David Kessler
France Culture
116 avenue du Président Kennedy 75016 PARIS
By email : David.Kessler@radiofrance.com

Jean-Pierre Bady, conseiller-maître honoraire à la Cour des comptes,
c/o Ministère de la Culture
Comité d'histoire du ministère de la culture et des institutions culturelles
3, place de Valois - 75001 Paris
By Fax : 01 40 15 79 52
By email : comitehistoire@culture.gouv.fr

Marie-Christine Labourdette
Direction des Musées de France
6, rue des Pyramides
75041 Paris Cedex 01
By Fax: (33) 1 40 15 34 10
By e-mail: Marie-Christine.labourdette@culture.gouv.fr

Théo Klein
Président du Musée d’Art et d’Histoire du Judaïsme
Hôtel de Saint-Aignan
71, rue du Temple
75003 Paris
By Fax: (33) 1 42 72 97 47
By e-mail: secretariat-general@mahj.org

Maxime Gremetz
Député
Assemblée nationale
126 rue de l'Université
75355 Paris 07 SP
By E-Mail : mgremetz@assemblee-nationale.fr, contact@maxime-gremetz.fr

Noël Mamère
Député
Assemblée nationale
126 rue de l'Université
75355 Paris 07 SP
By E-Mail : nmamere@assemblee-nationale.fr

Pierre Méhaignerie
Député
Président de la commission des affaires culturelles, familiales et sociales
Assemblée nationale
126 rue de l'Université
75355 Paris 07 SP
By E-Mail : pmehaignerie@assemblee-nationale.fr, pmehaign@club-internet.fr

Jacques Legendre
Sénateur
Président de la commission des affaires culturelles du Sénat
Casier de la poste
15, rue de Vaugirard
75291 - Paris Cedex 06
By E-Mail : jacques.legendre@wanadoo.fr

Office of Andrew Dismore, MP
79 the Burroughs
London
NW4 4AX
By E-Mail: "DISMORE, Andrew" DismoreA@parliament.uk

Sandro Bondi
Italian Ministry for Cultural Heritage and Activities
Ministero per i Beni e le Attività Culturali
Via del Collegio Romano, 27
00186 Roma
By Email: renzo.desimone@beniculturali.it, webmaster@beniculturali.it

Michael Liapis
Greek Ministry of Culture, Directorate of Letters
1 Rethymnou & Herakleiou Str.
10682 Athens
By Fax: (+30) 10 8201 702
By E-Mail : protocol@dgr.culture.gr

Ertuğrul Günay
Minister of Culture and Tourism
By Fax: (+90.312) 312 43 59
Atatürk Bulvarı No:29
06050 Opera
Ankara - Turkey
By E-Mail : info@kulturturizm.gov.tr

ICOM Ethics Committee
c/o Maison de l'Unesco 1, rue Miollis
75732 Paris cedex 15
By Fax : +33 (0) 1 43 06 78 62
By E-Mail: ethics@icom.museum,
Cc : "Margarida Ascenso", secretariat@icom.museum

Giuseppe Gargani
Member of the European Parliament
Chairman, Legal Affairs Committee, European Parliament
Correspondence with Citizens, GOL03A012
L-2929 LUXEMBOURG
By Fax: (352) 43 00 27 072
By E-Mail: giuseppe.gargani@europarl.europa.eu, ip-JURI@europarl.europa.eu

Katerina Batzeli
Member of the European Parliament
Chairwoman, Committee on Culture and Education, European Parliament
Correspondence with Citizens, GOL03A012
L-2929 LUXEMBOURG
By Fax: (352) 43 00 27 072
By E-Mail : katerina.batzeli@europarl.europa.eu

EXHIBIT 1 : PROPOSED LANGUAGE AMENDING LAW RELATIVE AUX “MUSEES DE FRANCE” (LAW n° 2002-5 du 4 janvier 2002) AND THE DECRET DU 17 DECEMBRE 1928 RELATIF AU REGIME DES MUSEES DEPARTEMENTAUX ET MUNICIPAUX.


Collections Policy
The governing body for each museum should adopt and publish a written collections policy that addresses the acquisition, care and use of collections. The policy should clarify the position of any material that will not be catalogued, conserved, or exhibited.

Valid Title
No object or specimen should be acquired by purchase, gift, loan, bequest, or exchange unless the acquiring museum is satisfied that a valid title is held. Evidence of lawful ownership in a country is not necessarily valid title.

Provenance and Due Diligence
Every effort must be made before acquisition to ensure that any object or specimen offered for purchase, gift, loan, bequest, or exchange has not been illegally obtained in or exported from, its country of origin or any intermediate country in which it might have been owned legally (including the museum's own country). Due diligence in this regard should establish the full history of the item from discovery or production.

Any object or specimen may only be transferred to the Museum when the Museum has proper assurances that the object or specimen:
- Was not stolen, not lost against the will of the owner, and not illegally excavated;
- Was not illicitly imported.

Objects and Specimens from Unauthorized or Unscientific Fieldwork
Museums should not acquire objects where there is reasonable cause to believe their recovery involved the unauthorized, unscientific, or intentional destruction or damage of monuments, archaeological or geological sites, or species and natural habitats. In the same way, acquisition should not occur if there has been a failure to disclose the finds to the owner or occupier of the land, or to the proper legal or governmental authorities.

Documentation of Collections
Museum collections should be documented according to accepted professional standards. Such documentation should include a full identification and description of each item, its associations, provenance, condition, treatment and present location. Such data should be kept in a secure environment and be supported by retrieval systems providing access to the information by the museum personnel and other legitimate users.

Provenance Research for Existing Collections
Museums must conduct provenance research on covered objects in their collections whose provenance is incomplete or uncertain.
a) Museums must identify covered objects in their collections and make public currently available object and provenance information.
b) Museums must review the covered objects in their collections to identify those whose characteristics or provenance suggest that research be conducted to determine whether they may have been unlawfully appropriated and without subsequent restitution.
c) In undertaking provenance research, museums must search their own records thoroughly and, when necessary, contact established archives, databases, art dealers, auction houses, donors, scholars, and researchers who may be able to provide provenance information.
d) Museums must incorporate provenance research into their standard research on collections.
e) When seeking funds for applicable exhibition or public programs research, museums must incorporate provenance research into their proposals.
f) Museums should document their provenance research for objects in their collections.

Discovery of Evidence of Unlawfully Appropriated Objects
g) If credible evidence of unlawful appropriation without subsequent restitution is discovered through research, the museum must resolve the status of the object, by making such information public and, if possible, notifying potential claimants.

Display of Unprovenanced Material
Museums should avoid displaying or otherwise using material of questionable origin or lacking provenance. They should be aware that such displays or usage can be seen to condone and contribute to the illicit trade in cultural property.

Tuesday, October 21, 2008

Stolen Art Watch, Nazi Anti-Semetic German Sonderweg Alive and Kicking in Vichy French Elite, Quisling Morality !!

Adolphe Fraenkel (1930), the original owner of the looted collection.


room where some of the Bouvier collection is shown at the Carnavalet Museum;
Please take the time to digest this tragic story and if anyone out there can offer Regine Elkan support or assistance please don't hesitate to contact her.
Art Hostage
----------------------------------------------------------------------------------------------
Régine Elkan
> 31 Impasse des Coquelicots
> 13750 Plan d’Orgon
> (04) 90-73-25-13
>
> September 11, 2008
>
> Marie-Christine Labourdette
> Direction des Musées de France
> 6, rue des Pyramides
> 75041 Paris Cedex 01
> Par Fax: (33) 1 40 15 34 10
> Par e-mail: Marie-Christine.labourdette@culture.gouv.fr
>
> Théo Klein
> Président du Musée d’Art et d’Histoire du Judaïsme
> Hôtel de Saint-Aignan
> 71, rue du Temple
> 75003 Paris
> Par Fax: (33) 1 42 72 97 47
> Par e-mail: secretariat-general@mahj.org
>
> RE : Symposium: Spoliation, Restitution, Compensation and
> Provenance Research: The Fate of Works of Art recovered
> after the Second World War (September 14-September 15 2008,
> Paris, organized by Direction des musées de France and
> Musée d’art et d’histoire du Judaïsme, (« LE PILLAGE
> DES OEUVRES D’ART: CONNAÎTRE ET RÉPARER”)
>
> Ms. Labourdette, Mr. Klein :
>
> I am the daughter of Rosalie Elkan (born April 04, 1909,
> deceased January 01, 1998) and Robert Elkan (born November
> 1902, deceased March 20, 1968). My parents, along with other
> family members were victims of significant economic and
> financial spoliations during the Vichy Regime.
>
> As you probably know, in May 2002, I initiated a
> restitution action with the « Commission d’Indemnisation
> des Victimes de Spoliations » (« CIVS »). Specifically,
> this action involved the so-called « Bouvier » collection,
> which was bequeathed to the Carnavalet Museum in Paris,
> France in 1965-1968. The executor in charge of this bequest
> was Jean Bourdel, a former President of the Paris Chamber of
> « Notaires ».
>
> Following the restitution action with the CIVS, I initiated
> a suit with the Paris Administrative Court against the
> Office of the of the French Prime Minister on February 10,
> 2006, since the CIVS reports into the Office of the French
> Prime Minister.
>
> Under your initiative, a symposium will be held this
> week-end on the issue of “Spoliation, Restitution,
> Compensation and Provenance Research: The Fate of Works of
> Art recovered after the Second World War”. During this
> symposium, the CIVS will have a significant opportunity to
> present its views on the resolution of restitution claims.
>
> With this letter, I wanted to make sure that the organizers
> of this symposium also hear the position of claimants on the
> restitution procedures run by the CIVS.
>
> My claim with the CIVS, along with my complaint with the
> Paris Administrative Tribunal, include the Fraenkel estate,
> which was aryanized during the Vichy Regime. This estate
> included substantial financial assets, and most notably a
> very significant collection of XVIIIth Century French Fine
> Furniture (more than 200 artworks). This collection is now
> being held by the City of Paris and is one of the largest
> collections of the Carnavalet Museum.
>
> As of today, these procedures have unearthed the following
> facts :
>
> - The heirs of Adolphe Fraenkel were not aware of the
> extent of the Fraenkel estate or of its looting until 1993 ;
> since 1993, the heirs of Adolphe Fraenkel have been
> diligent in preserving their rights by performing research
> of the artworks, by attempting to resolve the dispute
> directly with the Carnavalet Museum and the City of Paris,
> and by following the procedures established by the CIVS ;
> - City of Paris documents establish that the Carnavalet
> Museum violated the statutes in effect in 1966 during the
> bequest procedure of the Bouvier collection ;
> - The executor of the Bouvier bequest, Jean Bourdel, was
> also the Notaire who had control of the Fraenkel estate, and
> was the President of the Paris Chamber of « Notaires »
> from 1943 to 1944. As such, Jean Bourdel played a central
> role in the aryanisation and looting of real estate assets
> held by Jewish families in Paris during this period. On
> this point, the National Archives (AJ38) contradict the
> assessment of the Matteoli Commission Report issued in 1999.
>
> When the CIVS was founded by then Prime Minister Lionel
> Jospin on September 10, 1999, I wanted to follow the «
> rules of the game » which the French Government had
> announced, by submitting my claims to a so-called
> independent arbitral process managed by a quasi-governmental
> commission, rather than resolving my claims with either
> French or foreign courts.
>
> Following a six year process with CIVS, our experience has
> been extremely disappointing. As my suit against the French
> Prime Minister points out, the claims procedures and
> associated proceedings were marred by significant arbitrary
> abuses and the complete absence of due process:
>
> - The CIVS consistently refused to proceed with appropriate
> and necessary research and investigation with the Bourdel
> Notarial Office, whereas this Office has all the appropriate
> records and information necessary to properly assess the
> Fraenkel estate. As a matter of fact, a simple
> investigation with the Bourdel Notarial office would have
> allowed the CIVS to avoid issuing absurd and contradictory
> interpretations of the outcome of the Fraenkel estate in its
> June 25, 2004 opinion. These erroneous conclusions were
> literally made up with the Government representative to the
> CIVS, who never verified his assertions with the Bourdel
> Notarial Office or never provided and evidence or
> foundations to support them. The Government representative
> orally presented these conclusions without a written
> transcript during a CIVS hearing, while I was never allowed
> to challenge these assertions either orally or in writing
> throughout the proceedings.
> - The CIVS proceedings were marred by significant due
> process abuses when it investigated and reviewed the claims
> : most notably, the CIVS refused to admit a legal
> certificate of attestation, which established that I was a
> beneficiary of the Fraenkel collection. Most notably, the
> CIVS pressured Government officials in attempting to
> fraudulently create a new attestation contradicting the
> document I presented to the Commission.
> - The CIVS refused to investigate or perform any provenance
> research with either the city of Paris or with the Genealogy
> Research firm Coutot-Roehig regarding the bequest of the
> Bouvier collection to the City of Paris. Following a
> request by me to the CADA (“Commission d’Accès aux
> Documents Administratifs”), I obtained on my own from the
> city of Paris certain limited records which showed the
> bequest of the Bouvier collection to the City of Paris
> violated the statutes involving bequest to public
> institutions in effect at the time.
> - Following repeated requests, the CIVS refused to perform
> any provenance research or to provide me with any of the
> files containing the authentication of expert opinion
> regarding all artworks including the Bouvier collection,
> most specifically the authentication performed by Etienne
> Ader in 1965. During a hearing on June 25, 2004, the
> Carnavalet Museum Director, Jean-Marc Léri, conceded that
> he was intimately familiar with the details of both the
> Bouvier collection AND the Fraenkel collection. This
> statement, which was not recorded in any transcript by the
> CIVS, is a vivid confirmation that the City of Paris has in
> its possession of all of the records necessary for an
> appropriate provenance research and which it did not
> communicate. The Carnavalet Museum Director also conceded
> that these records did lead to an identification of a
> Fraenkel provenance for the Bouvier collection. This
> admission shows that the City of Paris and the Carnavalet
> Museum
> have in their possession all of the appropriate
> information to perform complete and appropriate provenance
> research in order to trace back the Fraenkel collection.
> However, the Carnavalet Museum and the CIVS, which had the
> statutory obligation to perform the necessary research with
> the City of Paris, have both violated the ICOM Code of
> Ethics, the UNIDROIT Convention and the Washington
> Principles (December 03, 1998), which require a Museum to
> investigate and perform a “due diligence” research
> regarding the provenance of an artwork.
>
> Therefore, I wanted to make sure that my position is known
> : the CIVS procedures are a failure, since the CIVS does not
> apply the investigation rules which are imposed by statute,
> it does not respect the principle of confrontation of
> evidence by both parties, and it attempt to manufacture
> false evidence.
>
> If, during your symposium, the CIVS representatives provide
> any indication they are ready to reconsider their procedures
> regarding my claims, I am fully available to meet with any
> DMF representatives.
>
> If you have any question, please do not hesitate to contact
> me at the address above or by email at
> regine_elkan@yahoo.fr. I thank you in advance for your help
> throughout this process.
>
> Sincerely yours

> Régine ELKAN


Plan of Orgon, on February 10, 2006
Graft Administrative Court of Paris
Administrative court of Paris
7, street of Jouy
75181 Paris Cedex 04
Telephone : 01 44 59 44 00
Telefax : 01 44 59 46 46
REQUEST IN CANCELLATION FOR ABUSE OF POWERS
decision of the Commission on the Compensation for the Victims of the Spoliations occurred because of the legislations anti-semites in force during Ocupation (“CIVS”), communicated by mail of the President of the Commission dated December 15, 2005, sent by the CIVS on December 27 2005, and received by me on December 29, 2005, and refusing the application of re-examination of a recommendation emitted by the CIVS in restricted formation on June 25, 2004.
On the base of the R-411-1 articles and R-421-1 of the code of administrative justice and for violation of the provisions of the texts described in section VI below relating to focntionnement of the CIVS.
Presented by
Mrs Régine Elkan (“Applicant”)
Against
Jean-Marc Saved
Secretary General of the Government
Matignon hotel
57, rue de Varenne
75700 Paris
Such 33-1-42-75-80-00


TABLE OF CONTENT
Paragraph Page
------------------------------------------------------------------------------------------------------
I. Exposed facts 3
II. Ask 4
III. Admissibility of the request as for the deadlines 4
IV. Admissibility of the request as for the nature of the decision
disputed in what it constitutes “a decision making objection” 5
V. Admissibility of the request as for the opposing party 5
VI. On the serious doubt as for the legality of the disputed decision 6
VI.1 First means: defects of procedure 6
a. Taking of evidence of the CIVS 6
B. Absence of research of the parts and elements suitable 6
I. Notarial study Bourdel 6
II. Donation of the Collection Herdsman at the Town of Paris 7
III. Conditions of acceptance of the legacy by the Town of Paris 7
iv. Individual requests near the Town of Paris 8
v. Case of the Deposits and Consignments 8
VI. Financial credits 8
vii. Prefecture of Police force 8
C. Notarial certificate 9
D. Premature end of the instruction 9
VI.2 Second Means: material errors of appreciation 9
1. Concerning the succession Adolphe Fraenkel 9
a. Control goods 9
B. Evolution of the Successional Credits 10
C. Erroneous interpretation of the testamentary provisions 10
I. Legacy with Emilie Fraenkel 10
II. Will of Adolphe Fraenkel 11
III. Hereditary reserve 11
D. Source of the Collection Herdsman 12
2. Concerning the Private mansion to the 42 Kléber Avenue 13
3. Concerning the station of agent to the Markets of Paris 13
a. Accounts of guarantee 13
B. Post of agent 14
4. Concerning the other testamentary provisions 14
a. Conernant the succession Jeanne Fraenkel 14
B. Concerning the Elkan-Schubert succession 15
C. Concerning the Schmitko succession 15
D. Concerning the succession Siegfried Elkan 15
E. Concerning the succession Joseph Subert 15
VI.3 Third Means: New facts 16
a. Definition of a fact new 16
b. Role of Jean Bourdel 16
c. Role of Henriette Herdsman 16
D. Conditions of acquisition of works of art by the Carnavalet Museum 17
E. Procedure near the Room of the Notaries of Haute-Savoie 18
VI.4 Fourth means: Decision of the Court of Appeal of Paris 1999 19
VII. Goes down for hearing 19
VIII. Ask refunding of the irrépétibles expenses 19

Mr. President of the Court,
The applicant has the honor to seize you of a request in cancellation for abuse of power decision of the CIVS, communicated by mail of the President of the Commission dated December 15, 2005, sent by the CIVS on December 27, 2005, and received by me on December 29, 2005, and refusing my application of réeexamen of a recommendation emitted by the CIVS in restricted formation on June 25, 2004.
The request of the applicant is justified taking into consideration consideration on the form and the bottom.
1. On the form: the decision of the CIVS is sullied with considerable defects of procedures relating to the operation of this one;
2. on the bottom:
a. the decision of the CIVS is sullied with illegality in what it results from many glaring errors of appreciation as for the evaluation of the claim of the applicant at the CIVS;
B. this decision revêt character of a decision making objection;
C. this decision is also in contradiction with the decisions of other French jurisdictions concerning the restitution of goods despoiled during the Occupation during the Mode of Vichy.
I. Exposed facts
1. History before 2002: The applicant, following the discovery of the testamentary provisions of his back grandfather, Adolphe Fraenkel, of which it was unaware of all until 1993, expresses near the Town of Paris several requests for restitution of the Collection known as “Herdsman”, collection of objets d'art of great value, which was the object of a donation to the Carnavalet Museum in 1968.
2. Between 1993 and 2002, requiring it addresses itself also directly near other institutions (Prefecture of Police force of Paris, Case of the Deposits and Consignments) concerning the evolution of certain patrimonial elements of its family for the period of the Occupation lasting the mode of Vichy.
3. By decree number 99-778 of September 10, 1999, the Commission for the Compensation for the Victims of Spoliations occurred of the fact of the legislations anti-semites in force during Ocupation (“CIVS”), is created.
4. Following the refusal repeated of the Carnavalet Museum and the Management of the Cultural Affairs of Town of Paris, the applicant lodges with the CIVS a request for restitution and compensation concerning for the patrimonial elements several members of its family, of which some disappeared during the period from the mode from Vichy. This request at the CIVS, dated May 12, 2002, includes in particular the whole of the Collection Herdsman.
5. From May 2002 to December 2003, several exchanges of mails supplement the file of the claim of the applicant.
6. The Mayor of Paris confirms by mail of July 8, 2002 near the applicant whom it will support the instruction of the file of claim of the applicant at the CIVS.
7. The Minister for the Culture and Transport confirms by mail of December 4, 2002 that it examines the request of the applicant and that this one is transmitted to the Management of the Museums of France.
8. On December 23, 2003, the applicant receives a report/ratio of the CIVS concerning the state of the instruction of the claim. With two recoveries, by mail of January 20, 2004 and February 29, 2004, the applicant describes at the CIVS the errors of instructions and the material errors of appreciation contained in this dated December 23, 2003 report/ratio.
9. By mail of June 25, 2004, the CIVS emits its recommendation, without taking into account any elements described by the applicant in the mails mentioned at the preceding point.
10. The applicant subjects consequently a request for re-examination thus that a dispute of the recommendation of the CIVS dated August 29, 2004.
11. The applicant, by a series of mails at the CIVS, in particular dated November 19, 2004,May 2, 2005, July 2, 2005, and of September 21 2005, subjects at the CIVS:
a. new elements, within the meaning of article 8-1-1 of the Decree n°99-778 of September 10, 1999, instituting the CIVS, and which indicates that “the applicants who dispute a recommendation put forth by the commission in restricted formation can request a new file examination their by the plenary formation. They address this request to the president of the commission by providing the new parts or by indicating the new facts on which their dispute is based or by clarifying the points on which the recommendation appears to them sullied with material error”;
B. additional evidence confirming the material error of appreciation established in the report/ratio of December 23, 2003 and the recommendation of June 25, 2004.
12. By mail of December 15, 2005, sent by the CIVS on December 27 2005, the CIVS refuses the application of re-examination of the applicant.
Following this rejection, the applicant considers that the preceding gracious appeal procedure a step near the Administrative Court was initiated by the applicant in the form of the request for re-examination, step which has been just rejected by the CIVS by confirming by its letter of December 15, 2005 its refusal to consider this request of the applicant. It is this last decision of refusal whose applicant disputes the cogency and legality.
II. Ask
The applicant asks the Court, on the base of articles R. 411-1 and 421-1 of the Code of Administrative Justice, the cancellation of the decision of the CIVS, refusing the application of re-examination described above.
III. Admissibility of the request as for the deadlines.
The disputed decision is dated December 15, 2005 and was sent by the CIVS on December 27, 2005, as appendix 1 shows it (copy of the postmark ), and was accepted by the applicant on December 29, 2005. Consequently, the two months deadline normally granted the applicant to present proceedings for annulment of the decision is largely respected, insofar as this one is lodged with the Administrative Court of Paris before the time, either on the basis of dispatch date, or on the basis of date of reception of the letter of the CIVS by the applicant. Consequently, the request of the applicant is admissible with regard to the times of recourse.
IV. Admissibility of the request as for the nature of the decision disputed in what it constitutes “a decision making objection”
This recourse for abuse of power is directed against an act making objection. An administrative act is considered to make objection when it produces by him even legal effects, that it modifies legal scheduling, that it reaches the rights and obligations of managed.
Incontestably, the decision makes objection, because:
- The décsision of the CIVS produces important legal effects:
1. in what it deprives the applicant of the rights of recourse at the CIVS concerning its claims relating to a considerable inheritance of value;
2. in what it constitutes a decision without call at the CIVS, since the statute of the CIVS does not envisage any appeal procedure if the CIVS refuses to consider the request of the applicant;
- The decision of the CIVS affects the rights of requédrant in what it deprives the applicant of any access to a resolution of its claim in equity.
V. Admissibility of the request as for the opposing party.
The disputed decision comes from the CIVS. The statute of the CIVS is described in the following lawful texts:
1. Decree n° 99-778 of September 10, 1999 establishing a commission on the compensation for the victims of spoliations occurred because of the legislations anti-semites in force during the Occupation;
2. Decree n° 2000-932 of September 25, 2000 modifying the decree No 99-778 of September 10, 1999 establishing a commission on the compensation for the victims of spoliations occurred because of the legislations anti-semites in force during the Occupation;
3. Decree n° 2000-1023 of October 19, 2000 carrying application of the provisions of the third subparagraph of article 31 of the law No 78-17 of January 6, 1978 to the file implemented by the commission on the compensation for the victims of spoliations occurred because of the legislations anti-semites in force during the Occupation;
4. Decree n° 2001-530 of June 20, 2001 modifying the decree No 99-778 of September 10, 1999 establishing a commission on the compensation for the victims of spoliations occurred because of the legislations anti-semites in strength during the Occupation.
In particular, article 8-2, Created by Decree n°2000-932 of September 25, 2000 art. 4 (JORF September 26, 2000) establishes that, “When the commission proposes that the State takes responsibility for its a measure of compensation, it transmits its recommendation to the Prime Minister (secretariat general of the Government). The decisions of compensation made by the Prime Minister (secretariat general of the Government) on the basis for the recommendations of the commission are notified with interested and the National office of ex-serviceman and victims of war which is charged to carry out them. »
These texts thus provide that the decisions of the CIVS become the base of administrative decisions made by the secretariat general of the Government. However, this last A émi, on base report/ratio of June 25 2004, a letter of the “Management of the Administrative and Financial Services of the Prime Minister” relating to the administrative decision in the connection of the applicant concerning his claims at the CIVS, in date of August 16, 2004.
The rejection by the CIVS of the request for re-examination by the applicant on December 15, 2005 confirms, in the absence of any other mail of the secretariat general of the government her dated August 16, 2004 initial decision. By consequent, the applicant can carry out his recourse near Mr. President of the Administrative Court only against Jean-Marc Sauvé, Secrétaire General of the Government, Hôtel Matignon, 57, rue de Varenne, 75700 Paris.
VI. On the serious doubt as for the legality of the disputed decision
VI.1 First means: defects of procedure
a. Taking of evidence of the CIVS
The Decree No 99-778 of September 10, 1999 instituting the CIVS stipulates in its article 4 that:
« Each request is informed by a rapporteur who carries out the checks necessary. The rapporteur can convene any person whose hearing appears useful to him and solicit of any third qualified an opinion or a consultation.”
Moreover , the same Decree stipulates in its article 5:
“A the exit of the instruction, the rapporteur formulates in his report/ratio of the proposals justified by holding account, if necessary, of the already before versed compensations to the applicant.”
Lastly, Internet site of the CIVS mentions, in the report/ratio public of #3 activity, following the commission of Washington, dated May 31, 2002 that:
“ the quality of the procedures of the CIVS with, in particular the respect of the principle of the contradictory one, which constitutes a base of the French right and gives the possibility to each part of taking note of the elements of the file and of pressing its possible observations, applies in an identical whatever the nature of spoliation, banking or material way”.
B. Absence of research of the parts and elements suitable
An examination of the parts commnuniquées by the CIVS which describes the research carried out by its services within the framework of the requests for claim of the applicant show serious gaps which cannot be explained by accidental omissions.
I. Notarial study Bourdel
The research carried out by the CIVS does not include any exchange of mail with the Bourdel Study. However this one, as it was indicated by the applicant at the CIVS to many recoveries, can be only the only entity which makes it possible to confirm or to cancel all the analyses made around the successions Adolphe Fraenkel, Jean Suzanne Fraenkel and Schmitko family in particular. The absence of any exchange or seeks with L `Etude Bourdel confirms with the time a legal flaw low register in the taking of evidence and confirms the whole of the material errors of appreciation carried out in this file.
Moreover , the testamentary provisions of Adolphe Fraenkel, communicated by the applicant, must be evaluated in the light of the testamentary provisions of Emilie Fraenkel and Henriette Bouvier, that the CIVS can also very easily obtain Bourdel study. However, these steps, essential for the suitable instruction of the claims of the applicant, were clearly not taken.
II. Donation of the Collection Herdsman at the Town of Paris
With regard to the succession Adolphe Fraenkel, there cannot be an unspecified instruction closure without the search for heirs carried out by the Town of Paris in 1968, following the donation of the Collection Herdsman to the Carnavalet Museum. This research led to correspondences of which with a notarial study with Sallanches, Haute-Savoie, whose applicant does not have copy. These elements were the subject of many letters, in particular:
- near the Town of Paris;
- near the genealogical Study Coutot-Roehrig;
- near the Minister of Justice, in order to request its assistance in obtaining these documents near the Notarial study Dalmais-Cuvit-Avrillon-Jacquiot, localised in Sallanches, Haute-Savoie, and which has these documents.
- near the Notarial Study indicated above, near the Court of Bankruptcy of Bonneville, ainis that Room of the Notaries of Haute-Savoie.
The whole of these steps remained without success to date. However, this essential element in the apprehension of the file was easily résolvable by the CIVS if this one had used its capacity of instruction to obtain these documents, in particular near the Bourdel study. However, these steps, essential for the suitable instruction of the claims of the applicant, were clearly not taken.
III. Conditions of acceptance of the legacy by the Town of Paris
The Bouvier legacy for the benefit of the town of Paris in 1968 was managed by Jean Bourdel and his son Alain Bourdel as executors. This representation as an executor of Henriette Herdsman, at least constitutes a serious failure with the deontologic rules of the notarial profession in terms of conflicts of interest. Indeed, this acceptance, which, would have being subjected to an administrative opinion Prefecture of Paris or Town hall of Paris, had required by the Town council a search for heirs during which my mother was contacted. However, we did not find any document of its share gone back to 1966 when it gives up any claim on the Bouvier collection near the Prefecture of the Town of Paris.
Moreover , the aunt of the applicant, Simone Subert, contacted forever during the search for heirs to 1967 and forever expressly given up the Bouvier legacy for the benefit of the Carnavalet Museum, which should have been the subject of a file properly documented by the Prefecture of Paris and the Town council of the Town of Paris. This file forever requested by the CIVS, and forever provided, neither by the Town of Paris, neither by the Bourdel Study, nor by the genealogical Study Coutot-Roehrig. Consequently, and in the absence of documents on this subject, the applicant concludes that there is a legal flaw low register as for the instruction of his claim.
iv. Individual requests near the Town of Paris
The applicant addressed himself in an individual way, before and during the period of instruction near the Town of Paris and auprès of the genealogical Study Coutot-Roehrig, in order to ask for the documents relating to the search for heirs led to the moment to this donation. These steps took action on no co-operation, nor obtaining documents of the share of the parts mentioned above.
v. Case of the Deposits and Consignments
The received correspondence on behalf of the Case of the Deposits and Consignments into dated April 4, 2003 is in contradiction with the elements provided by the applicant at the CVIS within the framework of the taking of evidence. In effect, one of the parts provided to the Commission is a receipt of transfer emitted by the Case of the Deposits and Consignments on an account of guarantee comprising of the Treasury bills in the name of Robert Elkan, the father of the applicant. It is consequently impossible for the Case of the Deposits and Consignments to affirm that it does not have any trace in its files with the name of Robert Elkan. This aspect shows, once more, that the process of research of the claims was not carried out in agreement with the Decree n° 99-778 of September 10, 1999 instituting the CIVS, which stipulate in its article 4 that “Each request is informed by a rapporteur who carries out the checks necessary”.
VI. Financial credits
Important financial credits of the succession Adolphe Fraenkel were managed by the load of Stockbroker Andre Bourdel. This load is present in many files of spoliations of financial credits found in the section of files known as AJ38. The CIVS must thus obtain the files of this load, either coming from files known as AJ38, or on behalf of the investment company or the company of purse which had taken again the accounts and credits of the load of stockbroker André Bourdel.
vii. Prefecture of Police force
The received correspondence on behalf of the Prefecture of dated May 19 Police force 2003 is in contradiction with a mail received by the applicant me on behalf of the Prefecture indicating the existence of files of denunciation of the personnel of the Markets of the Town of Paris in the files of the Prefecture of Police force. However, Robert Elkan was probably only Juif occupying a station of agent to the Markets before the Occupation. This element makes it possible to conclude that research necessary to the Prefecture of Police force to find the files concerning the father of the applicant is not insurmountable and were not carried out.
C. Notarial certificate
One of the documents included in the claim of the applicant, relating to the analysis and the interpretation of the testamentary provisions of Adolphe Franekel, is a notarial certificate establishing the successional devolution of this last for the benefit of the mother of the applicant. This document was not taken into account by the CIVS in his report/ratio of December 23, 2003 like daN its recommendation of June 25, 2004.
Moreover , the documents of the CIVS include exchanges of mail with the Meissonnier Study, whereas the applicant had expressly specified in writing with the CIVS and this study that only Giroux Master, notary in Paris, were entitled to inform the businesses of the applicant, insofar as it is this notary who is in load of the payment of the succession of the mother of the applicant, Rosalie Elkan. The applicant thus reiterates his observation concerning the exclusion of the certificate of Giroux Master, who was communicated to the CIVS by mail into dated January 20, 2004. He is inexpliquable why the rapporteur completely was unaware of this document in his mails, opinion and reports/ratios, and did not produce any part or document justifying its contradictory analysis of this succession. Consequently, and in the absence of documents on this subject, the applicant concludes that there is a legal flaw low register as for the instruction of his claims.
D. Premature end of the instruction
By submitting a report/ratio to the CIVS, the rapporteur, according to the texts mentioned above, enclosed the instruction prematurely whereas the instruction was clearly limited to very few research, and from the essential elements near institutions directly concerned with the succession Adolphe Fraenkel were not obtained.
The applicant thus concludes that the instruction was closed prematurely, which thus represents vice procedure that the applicant asks to rectify by cancelling the decision of the CIVS in order to guarantee the good course of the mission of the CIVS.
VI.2 Second Means: material errors of appreciation
1. Concerning the succession Adolphe Fraenkel
a. Control goods
In effect, like he was recalled to you during the session of the CIVS of June 25 2004, the whole of the credits of the Fraenkel family, in particular the whole of the patrimonial elements forming the Credit Net of Succession of the Succession Adolphe Fraenkel, were under the effective control of the Bourdel Study, in particular:
- rental incomes of the Private mansion Kléber Avenue coming from the Alavoine Company;
- possible inventories or incomes coming from other real goods, in particular from the grounds located in Fontenay on Loing;
- inventories of movable goods required by the calculation of the Community of Emilie Goods Fraenkel-Adolphe Fraenkel compared to the Succession Adolphe Fraenkel;
- inventories of financial credits coming from these successions and having to be maintained with the profit of minor the Lucienne Subert, then Simone Subert;
- Inventories of goods related to the Schmitko succession.
As indicated higher, the heiresses, because of their youth during the Occupation, very were unaware of reality of the testamentary provisions of Adolphe Fraenkel up to one recent time:
- Lucienne Schmitko died during the war;
- Rosalie Elkan was informed of this provision only in 1993;
- Simone Subert was informed of this provision only in 1999.
B. Evolution of the Successional Credits
As I indicated in my letter of February 29, 2004, of the elements of the credits previously quoted, in particular the Private mansion of 42 Avenue Kléber, were aryanisés during the Occupation, such as this was envisaged by the legislation anti-semite of the Mode of Vichy. As I indicated it to you in other mails, all the notaries were held of aryaniser the whole of the goods with the Jewish surname for this period.
C. Erroneous interpretation of the testamentary provisions
I. Legacy with Emilie Fraenkel
The CIVS supports in its opinion of June 25, 2004 that the third wife of Adolphe Fraenkel, born Emilie Poncelet, was instituted sole legatee of the collection Adolphe Fraenkel.
However, the interpretation of the CIVS is erroneous with the reading of the will of Adolphe Fraenkel, insofar as this one indicates that:
- Emilie Fraenkel, born Poncelet, accepted only the benefit of “lasting usufruct her life of the universality of all the goods being able to depend at the day on my death of the community on the goods existing between us without any other exception nor reserve” and at all does not designate beneficiary Emilie Fraenkel Adolphe Fraenkel formed by all the goods and credits preceding its marriage with Emilie Poncelet;
- Emilie Poncelet would be to be indicated sole legatee of the goods of Adolphe Fraenkel only “if my children have suddenly discussed some way that it is one of the clauses which precede by my will”.
However, with the knowledge of the applicant, this last clause could not apply bus:
- in 1931, two of the three small girls of Adolphe Fraenkel were minor;
- Simone Subert certified by a certificate provided by the applicant at the dated August 4, 2000 CIVS, that “it is only into 1999 that I discovered the true testamentary provision of Adolphe Fraenkel, who indicates well that its three grand-daughters were the heiresses of the whole of her succession”;
- The applicant and his mother, Rosalie Elkan, discovered this testamentary provision only in 1993, following requests near a notarial Study in Nice.
If the CIVS has documents showing that this clause was called upon, either by Adolphe Fraenkel, or by Emilie Fraenkel, and that consequently, Emilie Fraenkel was appointed sole legatee after 1931, which had to be the subject of a properly documented file, these documents were not provided within the framework of the request for access to the documents of the CIVS by the applicant.
In the absence of documents on this subject, the applicant concludes that there are a legal flaw low register and an error of appreciation on the funds as for the instruction of his claim.
II. Will of Adolphe Fraenkel
The marriage contract between Adolphe Fraenkel and Emilie Poncelet was founded on the community of goods reduced to the acquisitions, which thus involves the following conclusions, in the light of the preceding paragraph:
- all the credits of Adolphe Fraenkel had by him before its marriage, in April 1923, concerned the succession Adolphe Fraenkel exclusively;
- all the credits of Emilie Poncelet had by it before its marriage, raised of its succession, and could thus be the subject of a donation to a third;
- all common credits, i.e. acquired during the marriage by the husbands, jointly or separately, belong at the community of goods, and, must be the subject of a division for half one, with the profit of Emilie Fraenkel and her heirs, the other with the profit of the heirs to Adolphe Fraenkel.
However, goodwill represented the da essence the community of goods between Adolphe Fraenkel and Emilie Fraenkel between 1923 and 1931. The collection Adolphe Fraenkel, as for it, had been made up essentially before 1922, since it was the increase and the place held by this collection which justified for Adolphe Fraenkel the removal of his offices located with 194 Boulevard St Germain in the Private mansion of 42 Avenue Kléber, acquired in 1922.
Heirs to Adolphe Fraenkel, i.e. its three grand-daughters, would have thus to profit:
- entirety of the incomes and products of the real credits had by Adolphe Fraenkel;
- entirety of the collection Adolphe Fraenkel;
- half of goodwill available to the death of Emilie Fraenkel.
If the CIVS has documents showing that the Credit Net of Succession of Adolphe Fraenkel would have distributed being in another way, which has to be the subject of a properly documented file, in particular by the Bourdel Study, it was not provided within the framework of the request for access to the documents of the CIVS by the applicant.
By consequent, and in the absence of documents on this subject, the applicant concludes that there are a legal flaw low register and an important error of appreciation on the funds as for the instruction of his claim.
III. Hereditary reserve
At the time of the session of the Commission of June 25, 2004, the Commission considered that the Private mansion of 42 Avenue Kléber constituted the hereditary reserve for the benefit of the three grand-daughters of Adolphe Fraenkel.
However, notwithstanding the preceding paragraphs, a hereditary reserve, in the case of three surviving descendants would have required a minimal allowance of the ¾ of the credit net of succession to the three grand-daughters of Adolphe Fraenkel.
However a fast analysis of the credits of the two successions break up roughly as follows into 1931:
- Financial credits: 1.300.000 FF value 1930
- Private mansion Kléber Avenue: 700.000 FF value 1930
- Collection Adolphe Fraenkel: 3.500.000 FF value 1930
The hereditary reserve should thus have been made up, in worst case, element following, by admitting that 20% of the financial credits are ascribable A the community of goods between Adolphe Fraenkel and Emilie Fraenkel:
Leaves the credits in the succession Adolphe Fraenkel (excluding rehabilitation from half of the community of goods Adolphe Fraenkel-Emilie Fraenkel):
- Financial credits (80%): 1.040.000 FF value 1930
- Private mansion Kléber Avenue: 700.000 FF value 1930
- Collection Adolphe Fraenkel: 3.500.000 FF value 1930
TOTAL
Credit Net of Succession Adolphe Fraenkel: 5.240.000 FF
Minimal theoretical Hereditary reserve: 3.930.000 FF
The private mansion Avenue Kléber representing only 700.000FF, is approximately 13% of the approximate credit net of succession of the time, it was thus impossible that this one forms a possible hereditary reserve of the succession Adolphe Fraenkel. If the CIVS has documents showing that the Private mansion of 42 Avenue Kléber represents a hereditary reserve, which had to be the subject of a properly documented file, in particular by the Bourdel Study, these documents were not provided within the framework of the request for access to the documents of the CIVS by the applicant
By consequent, and in the absence of documents on this subject, the applicant concludes that there are a legal flaw low register and an error of appreciation on the funds as with the instruction of its claim.
D. Source of the Collection Herdsman
During the meeting of the dated June 25, 2004, Mr Jean-Marc Léri, Preserving Commission General of the Inheritance of the Town of Paris charged with the Carnavalet Museum, present at the one of hearings of the CIVS, indicated itself his intimate knowledge of the two inventories, the Bouvier inventory and the Fraenkel inventory, which confirms well that the town of Paris holds essential information in the apprehension of this file, information which was not communicated and which the family of the applicant is unaware of completely. The Conservative of the Carnavalet Museum confirmed that its research had led well to the identification of a source going up with Adolphe Fraenkel for a certain number of parts exposed to the Carnavalet Museum.
This confirmation shows that the Town of Paris, its Direction of the Cultural Affairs and the Carnavalet Museum have all the elements well to carry out research of source necessary to the reconstitution of the inheritance of Adolphe Fraenkel.
Moreover , when the mother of the applicant recognized one of these parts at the time of a visit to the Carnavalet Museum in 1993, it described the part number 85 in the catalogue of the Collection Herdsman (“85-Chair Long in two parts, etc ”) as being a shepherdess or it slept being child. However, this declaration confirms well that this part had been acquired by Adolphe Fraenkel BEFORE 1922, since Rosalie Elkan had been born in 1909, and could thus form part in no form that it is community of goods Emilie Fraenkel-Adolphe Fraenkel appréhendable by Emilie. This part could form part only of the collection Adolphe Fraenkel, made up for essence before 1922. It is thus impossible for the Carnavalet Museum or the Town of Paris to justify the presence of this part to the Carnavalet Museum by an unspecified argument. However, in the light of the analysis of the will D `Adolphe Fraenkel mentioned above, it is well the whole of the Collection Herdsman which suffers from a problem of justification of source.
2. Concerning the Private mansion with 42 Avenue Kléber
The applicant found a certain number of documents tending to show that the Bourdel Study or the tenant of the Private mansion of 42 Avenue Kléber, the Alavoine Company, did not pay the entirety of the rents which had for the period of the Occupation to the heiresses of Adolphe Fraenkel. This management was held by front the Bourdel Study, during and after the Occupation. The opinion of the CIVS of June 25, 2004 does not mention anything concerning the apprehension total or partial of the rents related with this good. Consequently, if the CIVS has documents showing that the entirety of the rents of 42 Avenue Kléber was actually paid to the heiresses of Adolphe Fraenkel for the period of the Occupation, this which has to be the subject of a document showing the countable bringing together of the rents and the payments to the heiresses carried out by the Bourdel Study, it was not provided within the framework of the request for access to the documents of the CIVS by the applicant.
Moreover , it does not have escaped with the applicant that the presence even of the Company Alavoine, Société American, after 1942 constituted an obvious violation of Trading with the Enemy Act of October 6, 1917. However, this presence continuous and not stopped for the period 1942-1944 in the buildings of a aryanized real estate because of the laws anti-semites of Vichy could concern only one direct protection on a level very high in the hierarchy of the Mode of Vichy.
In the absence of documents on this subject, the applicant concludes that there are a legal flaw low register and an error of appreciation on the funds as for the instruction of his claim.
3. Concerning the station of agent to the Markets of Paris
The CIVS proposes a compensation on the basis for a bank account found with the name of the station of agent found in the files of the Police station General to the Jewish Questions. However, this compensation would not be to reflect the reality of the spoliation whose father of the applicant was the victim.
a. Accounts of guarantee
In effect, the stations of agents were held to maintain near the Case of the Deposits and Consignments one or more accounts of guarantee in order to guarantee a certain level of treasury corresponding to the current obligations of the goodwill managed by the station. The applicant communicated traces of these consignments, which were to be held in the shape of obligation or Treasury bills other, in his claim of May 12, 2002.
However, since the activity managed by Robert Elkan was very important before the Occupation, in particular of the fact frozen chicken importation coming from Russia, the applicant concludes that these accounts of guarantee were to be important. In addition, these accounts produced, of the regular interests for the benefit of the manager of the station.
However, the Commission does not rule of anything at the same time on the credits held in these accounts guarantee, nor on the interest borne by those.
The applicant dmandé the communication of the copies of the documents produced at the CIVS by the Case of the Deposits and Consignments showing the accounts with the name of Robert Elkan or his station under accounts of guarantee, without success
B. Post of agent
The expropriation of Robert Elkan of an administrative station such as that of agent to the Markets of Paris had as a consequence a loss of earnings considerable corresponding to four years of commissions, therefore incomes, for the period of the Occupation. This corresponds to a direct damage because of an administrative decision of radiation on behalf of the Prefecture of the Town of Paris for racial reasons. The applicant considers that this damage also requires repair, on the basis of commission of agent calculated on an average of the current activity of a station of comparable agent, over the period 1940-1944.
4. Concerning the other testamentary provisions
a. Concerning the succession Jeanne Fraenkel
The Private mansion of 42 Avenue Kléber forever belonged to the succession of Jeanne Suzanne Fraenkel, Schubert wife, since this one died before Adolphe Fraenkel. Indeed, the succession of this last was for the benefit of its grand-daughters in the entirety of the goods which belonged to him. The collection Adolphe Fraenkel, included in the credit net of the succession Adolphe Fraenkel was the subject of a usufruct on behalf of his third wife, usufruct which, in conformity with the French law, dies out with the death of the usufruitière.
The conclusion of the CIVS on the fact that the succession Jeanne Suzanne Fraenkel was correctly liquidated pre-war period, cannot be exact that if it is confirmed by the existence of a testamentary provision and account-study reflecting the good provision of this succession. Indeed, like other successions, applicant is unaware of if this one were for the benefit of her husband or his daughters, of which two were minor at the time of its death, and were the subject thus of accounts of supervision near the Bourdel Study.
B. Concerning the Elkan-Schubert succession
Concerning the plundering of 14 rue Marié-Davy, the applicant and his sister, being old of 4 and 8 years respectively, are unaware of very what occurred concerning this apartment. The applicant cannot thus answer the assertions of the CIVS concerning the absence of plundering of this apartment.
Of another share, the CIVS mentions the existence of real credits with Fontenay-On-Loing. However, the succession Adolphe Fraenkel contains grounds located with Fontenay-On Loing, of which the applicant is unaware of also the destination and the provision. Only, obtaining the account-study near the notarial study Bourdel will be able to also solve this question.
C. Concerning the Schmitko succession
Concerning the real credits of the Schmitko succession, the applicant is astonished by the conclusion of the CIVS as for the absence of aryanisation of these goods, in measurement where all the Schmitko family, namely Lucienne, Boris and Henri Schmitko died during the Occupation during the bombardment of Boulogne-Billancourt in Mars 1942.
However, the opinion of the CIVS does not mention any aryanisation or spoliation of this succession, whereas it was completely controlled by the Bourdel Study. As the notarial profession was held of aryaniser the whole of these successions, requiring it asked to confirm that the Case of the Deposits and Consignments did not find any element relating to the liquidation or aryanisation of this succession.
In the absence of documents on this subject, the applicant also concludes that there is a legal flaw low register as for the instruction of my claim.
D. Concerning the succession Siegfried Elkan
The applicant notes that the opinion of the Commission does not mention anything the succession Siegfried Elkan, his grandfather, deceased in 1941. As the notarial profession was held of aryaniser the whole of these successions, the applicant requested from the CIVS the confirmation that the Case of the Deposits and Consignments did not find any element concerning the liquidation of this succession. The applicant asked the communication of copies of the documents produced at the CIVS by the Case of the Deposits and for Consignments showing that no credit of this succession was aryanisé. These documents were not produced. Consequently, in the absence of documents on this subject, the applicant also concludes that there is a legal flaw low register as for the instruction of his claim.
E. Concerning the succession Joseph Subert
With regard to both houses located in Fontenay on Loing, at least for one of them, requiring it learned that it had been rented before the Occupation by a certain Laveissière family, which repurchased the property after 1944. The applicant did not receive any information on the traces of apprehension of rents by a provisional administrator for this good during the Occupation.
In the absence of documents on this subject, the applicant also concludes that there is a legal flaw low register as for the instruction of my claim.
VI.3 Third Means: New facts
a. Definition of a new fact
Within the framework of a procedure, a version different from the already known facts, or the sudden awakening of the consequences of acts made in the past are not new facts. A new fact is generally a fact which occurred or new information which was identified after the decision, judgement or report/ratio were returned. In this case, the new elements must have played a part determining in the apprehension of the file.
b. Role of Jean Bourdel
In his letter of dispute of August 29, 2004, the applicant informed the CIVS of the role determining and capital that Jean Bourdel, notary of the Fraenkel family, played as a President of the Room of the Notaries of the Town of Paris and his role in the aryanisation of a very great number of real estate belonging to Jewish families during the Occupation. This element, in an obvious way, can only play one essential part in the apprehension of the file of the applicant. Indeed:
- the President of the Room of the Notaries of Paris had a direct role in the policy of spoliations of the mode of Vichy, and thus used this position in the provision of the patrimonial and successional elements which it controlled in a direct way, in particular sucessions quoted above;
- the President of the Room of the Notaries of Paris had access to all the means necessary to the policy of spoliation and provision of goods, namely, access to the police force, the financial institutions (Case of the Deposits, stockbrokers) necessary to the liquidation of the financial credits of the Fraenkel succession.
c. Role of Henriette Herdsman
In his letter of dispute of August 29, 2004, the applicant informed the CIVS of the role determining and capital that Henriette Bouvier has cheek near the Laval family. Indeed, this mail informed the CIVS of many mentions of Henriette Bouvier in the book “Pierre Laval seen by his Daughter” of Yves Pourcher (Editions Seeks It Midi, 2002). These extracts show the great intimacy which existed between Henriette Bouvier and Josée Laval, girl of Pierre Laval. This intimacy, related to an important trade, are elements establish by this book, who allowed to provide to Henriette Bouvier protection necessary to the apprehension of the Fraenkel Collection before the release. This element is in contradiction with the declarations of Jean-Marc Léri in its letter of January 21, 2004 at the CIVS.
More particularly, an attentive reading of this book shows that Henriette Bouvier appears on pages 137, 194, 294 and 297, and makes it possible to establish the following conclusions:
- Henriette Bouvier was it or one of most important the decorator (S) of the Laval families and Chambrun, being given a very important trade between Henriette Bouvier and these families during the Occupation;
- the file of claim of the applicant at the CIVS contains a certificate on the honor making it possible to conclude that the inventory pre-war period of Henriette Bouvier being non-existent, the commercial inventory during the Occupation describes in the book could come only from the inventory Adolphe Fraenkel;
- If Henriette Bouvier sold objets d'art and objects decorative to the Laval families and Chambrun, it is thus established that in fact only elements of the inventory Adolphe Fraenkel were transmitted by commercial transactions during the Occupation to these families.
D. Conditions of acquisition of works of art by the Carnavalet Museum
By mail of November 19, 2004, the applicant informed the CIVS of questions of source concerning of other works of art held by the Carnavalet Museum. Indeed, this one holds not only all the parts relating to the Legacy Henriette Bouvier, but too two fabrics of Master of the 17th century:
- a table by François Eisen (1695-1778) entitled “Homage to the good small drainage canal.” Gift Cailleux 1949. Number of inventory-- P 2545
- a table by Nicolas Bertin (1667-1736) entitled “the Resurrection of Christ.” Gift Hermann Voss 1955. Number of inventory--P 1940.
The applicant was enclosing in his letter a copy extracts of the report/ratio entitled “Art Link-Final Looting Investigation carryforward”, emitted by the Unit known as “Office off Strategic Services” (OS) of the Department of the War of the Government of the United States. This report/ratio subjects an not-exhaustive list of collaborators, merchants and civils servant having an important activity on the markets of art in the countries controlled by the neutral IIIe Reich or countries. This report/ratio mentions references concerning Paul Cailleux (page 95), Antiquaire specialist in the 18E Century, thus that Hermann Voss (page 79), Director of Linz Museum, the Gallery of Dresden, and person in charge for the policies of spoliation of art of the Government of A. Hitler after 1943.
The applicant was also enclosing in his letter a copy extracts of the Book entitled “the AAM Guide to Provenance research, Nancy H. Yeide, Konstantin Akinsha, Amy L. Walsh)”. In both cases, the author considers that the names indicated above, called of “Red Flags”, constitute an indicator requiring a more thorough research in order to confirm than part N `is not despoiled. In the case of the parts indicated, the possibility of spoliation is of course reinforced by the date of donation, in both cases posterior with the Release, and the type of work, which in both cases, belonged to categories of works subjected to a very keen demand during the Occupation.
However, according to the payments of the ICOM (International Council off Natural history musea or the International Council of the Museums), whose Carnavalet Museum is one of the members, thus that obligations rising in particular from convention UNIDROIT and the Convention of L `UNESCO concerning the measures to be taken to prohibit and prevent the import, the export and the transfer of illicit properties of the cultural assets (1970), the obligation of investigation or “due diligence” on the source of a cultural asset is allocated to the cultural institution, in this case the Carnavalet Museum, therefore at the town of Paris. If the source of the one of these parts would be problematic, this established fact would then affect the credibility of the whole of the process of acquisition of cultural property of the Carnavalet Museum.
the Code of ethics of the ICOM for the museums sets the minimal standards of professional practices and performance for the museums and their personnel. While adhering to the organization, each member of the ICOM commits himself respecting this Code. This code mentions in particular in its section “ 2.3. Source and obligation of diligence”:

“Before acquisition of an object or a specimen offered to the purchase, in gift, loan, legacy or exchange, all the efforts must be made to make sure that it was not illegally acquired in (or exported unlawfully) its country of origin or a country of transit where it could have had a legal title of property (including the country even where the museum is). On this matter , an obligation of diligence is imperative to establish the complete history of the object since its discovery or creation. »
These elements thus reinforce the initial dispute of the applicant, indicating that the procedure of treatment of its request within the CIVS is subjected to a legal flaw low register , insofar as the CIVS should have been enquérir near the Town of Paris of the integrity of the process of acquisition of the Collection Herdsman in 1966, and in particular if the procedure of search for heirs were correctly carried out at that time.
E. Procedure near the Room of the Notaries of Haute-Savoie
By dated September 21, 2005 mail, the applicant informed the CIVS of a procedure in progress near the Room of the Notaries of dated September 20, 2005 Haute-Savoie.
This letter draws up several points:
- the most complete confusion reigns on the patrimonial and successional situation of the mother of the applicant;
- the applicant requested on several occasions from a drawn up notarial study with Sallanches the documents necessary to the establishment of the succession of his mother, without success;
- the applicant lodged with the Minister of Justice, which in referred near the Room of the Notaries of Haute-Savoie, a request in order to obtain the whole of information concerning the patrimonial situation of his mother, whose following elements relate to the claims auprès of the CIVS:
a. the product of the sale of a Private mansion to the 42 Kléber Avenue, 8E District, in Paris in 1960, as well as the product of the sale of grounds located with Fontenay-on-Loing for the benefit of the mother of the applicant, these two goods belonging to the succession Adolphe Fraenkel, whose liquidation and division are the subject of the one of my claims at the CIVS;
B. the product of the sale of a station of agent to the Markets of Paris (poultry-game) in 1960, subjected well to a procedure of aryanisation in 1940, and which is also the subject of the claims auprès of the CIVS;
C. the search for heirs carried out by the Town of Paris following the donation of the Collection Herdsman to the Carnavalet Museum in 1966-1968.
This request near the Minister of Justice follows upon a procedure of report, ordered by the Court of Bankruptcy of Bonneville, which followed upon a procedure of setting under supervision of the mother of the applicant.
As this mail indicates it, the notarial study of Sallanches mentioned in the letter did not provide information necessary to the establishment of the succession of the mother of the applicant, in particular with regard to the elements mentioned above which are covered by the claims auprès CIVS.
By consequent, the situation concerning the succession of the mother of the applicant constitutes an additional new fact, which impacts in a substantial way the requests of claims at the CIVS. The refusal of the notarial study of Sallanches to produce the documents related to the search for heirs carried out by the Town of Paris following the donation of the Collection Herdsman to the Carnavalet Museum is, indeed, an essential element in the apprehension of this file.
VI.4 Fourth means: Decision of the Court of Appeal of Paris 1999
The Court of Appeal of Paris (1st Room A) by a decision of June 2 1999, establishes a precedent concerning the provision and sales of works of art belonging to a succession liquidated during the Occupation. The file of the applicant has many similarities with the facts established in the decision of the Court of Appeal of Paris of June 2, 1999, in particular:
- the liquidation of the cultural goods during the Occupation within the framework of a succession;
- the discovery of the presence of these goods by the heirs after the War in a Museum dependent on a governmental entity.
The maintenance of the decision of the CIVS near the applicant would lead to an intolerable contradiction with the decision of the Court of Appeal of Paris and would not respect any logic of right. Consequently, the applicant requests of the President of the Administratif court of Paris the cancellation of the decision of the CIVS so that the file of the applicant is informed in a suitable and complete way by the CIVS.
VII. Goes down for hearing
Owing to the fact that the applicant resides in province, and that, because of its limited incomes, it is difficult for him to move, requiring it request, in case of audience near the Administrative Court of Paris within the framework of the procedure requested, a convocation together with minimum a three weeks of notice.
VIII. Ask refunding of the irrépétibles expenses
The applicant had to engage, with the title of this procedure, the expenses irrépétibles it is quite founded to request refunding with height of E500 on the base of the L.761-1 article of the code of administrative justice.
Likes the Court.
By these reasons, and all others to produce, deduce or compensate, the need for office, the applicant shows that it likes the administrative Court of Paris:
To cancel the decision of the Commission on the Compensation for the victims of the spoliations occurred because of the legislations anti-semites in force during Ocupation, communicated by mail of the President of the Commission dated December 15 2005, sent by the CIVS on December 27, 2005, and received by me on December 29 2005, and refusing the application of réeexamen of a recommendation emitted by the CIVS in restricted formation on June 25, 2004.
.
The applicant
Régine Elkan

____________________________

APPENDICES OF THE REQUEST
I. MAILS WITH THE CIVS
1. copy seal post office of the letter of the decision of the dated December 15 CIVS 2005, showing the sending on December 27, 2005
2. Letter of claim of the applicant at the dated May 12, 2002 CIVS
3. letter complementary to the applicant to the dated July 29, 2002 CIVS
4. answer of Dated December 12, 2002 CIVS
5. letter of requiring with the CIVS of February 24, 2003
6. answer of Dated April 16, 2003 CIVS
7. report/ratio of Dated December 23, 2003 CIVS
8. letter of requiring with the dated January 20, 2004 CIVS
9. letter of requiring with the dated February 29, 2004 CIVS
10. decision of Dated June 25, 2004 CIVS
11. letter of secretariat general of the dated August 16, 2004 government
12. letter of dispute of the applicant with the dated August 29, 2004 CIVS
13. letter of requiring with the dated November 19, 2004 CIVS
14. letter of requiring with the dated May 2, 2005 CIVS
15. letter of requiring with the dated September 21, 2005 CIVS
16. decision of dated December 15, 2005 commission
II. MAILS WITH THIRDS
17. Letter of the Mayor from dated July 8, 2002 Paris
18. answer of requiring near the Mayor of dated July 24, 2002 Paris
19. Letter of Ministry for the dated December 4, 2002 Culture
20. Letter of requiring near the Minister for dated February 29, 2004 Justice
21. letter of requiring near the genealogical study dated May 18 Coutot-Roehrig 2004
22. Letter of the applicant near the mayor of dated September 7, 2004 Paris
III. OTHER DOCUMENTS
23. Decision of Court of Appeal of Paris of June 2, 1999

APPENDIX
Art Hostage comments:
Shameful this whole episode !!!
to be continued..........................................................................