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Yahoo
22-05-2025
- Yahoo
Opinion - The shameful campaign to downplay the Holocaust and keep Nazi-looted art
Among the millions of Jews murdered by the Nazis was the prominent Jewish Viennese cabaret performer Fritz Grünbaum. He was murdered at the Dachau concentration camp in 1941. Prior to his murder, the Nazis forced him to sign over his prized collection of more than 400 works of art. Decades after the Nazis killed Grünbaum, one of his stolen pieces surfaced for sale on the international art market. When his family brought a legal action to recover their ancestor's stolen property, a federal court inexplicably ruled that Grünbaum's family could not prove that the art had been 'transferred under duress.' Grünbaum's story is one of countless examples of the Nazis' widespread theft of Jewish-owned property, including hundreds of thousands of works of art, worth tens of billions of dollars. Despite efforts by the U.S. and Allies to return Nazi-looted art after World War II, and renewed efforts since the late 1990s, over 100,000 works of art still have not been returned to their rightful owners. Grünbaum is just another victim of the Holocaust whom deniers would prefer we forget. When survivors and their families seek justice through the courts, they face a litany of absurd and shocking defenses by museums, art dealers, private owners and foreign governments that insist on holding on to art stolen by the Nazis. These institutions claim the owners sold the art 'voluntarily,' at a 'fair' market price, even though these families were fleeing Nazi persecution and desperate to raise funds to escape Europe. Others go so far as to argue that these families waited too long to bring the case, even though it was many years before the owners or heirs discovered their family's art had survived the war. Institutions claim that current holders of stolen paintings acquired a 'good title' after having held onto it for a few years before the true owner even discovered its location, as often the art had been hidden from public view. In other words, 'finders keepers.' At best, these claims disregard the property rights of families and dishonor the memory of Holocaust victims. At worst, they are tantamount to Holocaust denial, denying the context, coercion and clear theft that occurred under a genocidal regime. In 2016, Congress unanimously passed the Holocaust Expropriated Art Recovery (HEAR) Act to enable Holocaust survivors and heirs to access U.S. courts and have their claims decided on the true facts and merits. Congress found the 'unique and horrific circumstances of the Holocaust' imposed extraordinary obstacles on families to locate and recover stolen art. It mandated a six-year statute of limitations that begins only when the owner actually discovers the location of the stolen artwork, and precluded defenses based on the passage of time. Despite Congress's clear intent in the HEAR Act for claims to be decided on the merits, courts have continued to deny survivors' and heirs' claims based on opaque, discretionary, court-created doctrines. With the act due to sunset in less than two years, time is quickly running out to extend the law, strengthen it, and clarify its intent so that survivors and their families have a fair chance of recovering what is rightfully theirs. Bipartisan legislation must be enacted soon to address these issues. To that end, Sens. John Cornyn (R-Texas), Richard Blumenthal (D-Conn.) Cory Booker (D-N.J.) and Thom Tillis (R-N.C.) are introducing legislation to extend the HEAR Act and address those parts of the act that need repair. First and foremost, the Jan. 1, 2027, sunset provision of the HEAR Act is self-defeating and must be repealed. Museums and others that know they only need to run out the clock have no incentive to identify and return stolen paintings. Furthermore, the act must clarify that as long as rightful owners file suit within six years of the date they actually discover the work's location, all other defenses related to the passage of time are precluded. In many cases, courts have applied the defense of 'laches' to dismiss claims based on their subjective determination that the owners 'should have' discovered the artworks sooner, effectively nullifying the six-year window from actual discovery guaranteed by the HEAR Act. Another alarming development is the narrowing of jurisdiction in Nazi-looted art cases, contrary to Congress's intent. In 2021's Federal Republic of Germany v. Philipp, the Supreme Court held that Hermann Göring's coerced purchase of a priceless Jewish art collection in 1935 did not violate international law. Despite the overwhelming evidence that such sales were part of the Nazis' genocidal campaign, the court ruled this constituted a 'domestic taking' rather than a violation of international norms. Such a ruling directly contradicts Congress's intent in passing the HEAR Act. Congress should not accept the notion that the HEAR Act considers that the Nazis' persecution and robbery of the Jews was a mere 'internal' German, Hungarian, Austrian, Dutch or French affair, beyond the reach of our court system, when the museums or governments holding the art engage in commercial activities in the United States. Museum boards of directors must publicly support this legislation and take an active role in its passage. Directors have a fiduciary and ethical obligation to ensure their institutions are doing all they can to identify and return looted art. Silence or neutrality is not acceptable. By failing to act, museums become complicit in the continued injustice. It is time for museums' leadership to stand on the right side of history and advocate for clear, enforceable laws that support restitution. As the number of living survivors dwindles and Holocaust denial is on the rise, the U.S. has a moral and legal responsibility to restore Nazi-looted property to its rightful owners. We need to send a clear message that we will never allow the passage of time to excuse or forgive the crimes of the Holocaust. Joel Greenberg is the president of Art Ashes, a nonprofit dedicated to assisting families in the recovery of Nazi looted art. He is also a founder of Susquehanna International Group. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


The Hill
22-05-2025
- The Hill
The shameful campaign to downplay the Holocaust and keep Nazi-looted art
Among the millions of Jews murdered by the Nazis was the prominent Jewish Viennese cabaret performer Fritz Grünbaum. He was murdered at the Dachau concentration camp in 1941. Prior to his murder, the Nazis forced him to sign over his prized collection of more than 400 works of art. Decades after the Nazis killed Grünbaum, one of his stolen pieces surfaced for sale on the international art market. When his family brought a legal action to recover their ancestor's stolen property, a federal court inexplicably ruled that Grünbaum's family could not prove that the art had been 'transferred under duress.' Grünbaum's story is one of countless examples of the Nazis' widespread theft of Jewish-owned property, including hundreds of thousands of works of art, worth tens of billions of dollars. Despite efforts by the U.S. and Allies to return Nazi-looted art after World War II, and renewed efforts since the late 1990s, over 100,000 works of art still have not been returned to their rightful owners. Grünbaum is just another victim of the Holocaust whom deniers would prefer we forget. When survivors and their families seek justice through the courts, they face a litany of absurd and shocking defenses by museums, art dealers, private owners and foreign governments that insist on holding on to art stolen by the Nazis. These institutions claim the owners sold the art 'voluntarily,' at a 'fair' market price, even though these families were fleeing Nazi persecution and desperate to raise funds to escape Europe. Others go so far as to argue that these families waited too long to bring the case, even though it was many years before the owners or heirs discovered their family's art had survived the war. Institutions claim that current holders of stolen paintings acquired a 'good title' after having held onto it for a few years before the true owner even discovered its location, as often the art had been hidden from public view. In other words, 'finders keepers.' At best, these claims disregard the property rights of families and dishonor the memory of Holocaust victims. At worst, they are tantamount to Holocaust denial, denying the context, coercion and clear theft that occurred under a genocidal regime. In 2016, Congress unanimously passed the Holocaust Expropriated Art Recovery (HEAR) Act to enable Holocaust survivors and heirs to access U.S. courts and have their claims decided on the true facts and merits. Congress found the 'unique and horrific circumstances of the Holocaust' imposed extraordinary obstacles on families to locate and recover stolen art. It mandated a six-year statute of limitations that begins only when the owner actually discovers the location of the stolen artwork, and precluded defenses based on the passage of time. Despite Congress's clear intent in the HEAR Act for claims to be decided on the merits, courts have continued to deny survivors' and heirs' claims based on opaque, discretionary, court-created doctrines. With the act due to sunset in less than two years, time is quickly running out to extend the law, strengthen it, and clarify its intent so that survivors and their families have a fair chance of recovering what is rightfully theirs. Bipartisan legislation must be enacted soon to address these issues. To that end, Sens. John Cornyn (R-Texas), Richard Blumenthal (D-Conn.) Cory Booker (D-N.J.) and Thom Tillis (R-N.C.) are introducing legislation to extend the HEAR Act and address those parts of the act that need repair. First and foremost, the Jan. 1, 2027, sunset provision of the HEAR Act is self-defeating and must be repealed. Museums and others that know they only need to run out the clock have no incentive to identify and return stolen paintings. Furthermore, the act must clarify that as long as rightful owners file suit within six years of the date they actually discover the work's location, all other defenses related to the passage of time are precluded. In many cases, courts have applied the defense of 'laches' to dismiss claims based on their subjective determination that the owners 'should have' discovered the artworks sooner, effectively nullifying the six-year window from actual discovery guaranteed by the HEAR Act. Another alarming development is the narrowing of jurisdiction in Nazi-looted art cases, contrary to Congress's intent. In 2021's Federal Republic of Germany v. Philipp, the Supreme Court held that Hermann Göring's coerced purchase of a priceless Jewish art collection in 1935 did not violate international law. Despite the overwhelming evidence that such sales were part of the Nazis' genocidal campaign, the court ruled this constituted a 'domestic taking' rather than a violation of international norms. Such a ruling directly contradicts Congress's intent in passing the HEAR Act. Congress should not accept the notion that the HEAR Act considers that the Nazis' persecution and robbery of the Jews was a mere 'internal' German, Hungarian, Austrian, Dutch or French affair, beyond the reach of our court system, when the museums or governments holding the art engage in commercial activities in the United States. Museum boards of directors must publicly support this legislation and take an active role in its passage. Directors have a fiduciary and ethical obligation to ensure their institutions are doing all they can to identify and return looted art. Silence or neutrality is not acceptable. By failing to act, museums become complicit in the continued injustice. It is time for museums' leadership to stand on the right side of history and advocate for clear, enforceable laws that support restitution. As the number of living survivors dwindles and Holocaust denial is on the rise, the U.S. has a moral and legal responsibility to restore Nazi-looted property to its rightful owners. We need to send a clear message that we will never allow the passage of time to excuse or forgive the crimes of the Holocaust. Joel Greenberg is the president of Art Ashes, a nonprofit dedicated to assisting families in the recovery of Nazi looted art. He is also a founder of Susquehanna International Group.


New York Post
18-05-2025
- Entertainment
- New York Post
‘Monumental' NYC ruling on Nazi-looted art tied to inspiration for Joel Grey character in ‘Cabaret'
The Art Institute of Chicago has likely spent more than a million dollars trying to keep its claws on a Nazi-looted drawing in a Manhattan case shaping up to be 'monumental' in the history of stolen works. The school's legal challenge to halt Manhattan prosecutors' pursuit of the swiped art backfired last month, when a judge effectively ruled the district attorney's office could hunt down such looted treasures if they ever pass through New York City — regardless of their current location. 8 This drawing, 'Russian War Prisoner' by Egon Schiele, was part of an art collection looted by the Nazis. Manhattan District Attorney's Office 8 Jewish Viennese cabaret performer and onetime owner Fritz Grünbaum was murdered in the Holocaust. New York Post Manhattan Criminal Court Judge Althea Drysdale's scathing decision against the art Institute came as the establishment has been fighting to keep a drawing by expressionist Egon Schiele titled 'Russian War Prisoner' — likely spending well more in the legal battle than the work's value. Her decision found that Nazi officials stole the work from the Viennese Jewish cabaret performer and art collector Fritz Grünbaum years before he was murdered in the Holocaust. Grünbaum served as an inspiration for Joel Grey's character in Hollywood's Oscar-winning classic 'Cabaret.' The institute did not do its due diligence in determining the work's history of ownership, the judge said. 'This Court cannot conclude that Respondent's inquiries into the provenance of Russian War Prisoner were reasonable,' Drysdale wrote in her decision. But critically, the ruling also found that Manhattan DA Alvin Bragg has jurisdiction to recover the art from Chicago because the work was purchased and displayed by a Manhattan gallery in 1956. The DA's office has not traditionally had to go this far in the courts to retrieve such a work. Raymond Dowd, a lawyer and stolen-art expert who is working to return the stolen Grünbaum collection to the collector's descendants, called the judge's decision 'extraordinary. '[Drysdale's] decision is monumental for the world because it says if it passes through New York City, the court will retain jurisdiction, no matter where it goes,' Dowd told The Post. 8 The Art Institute of Chicago sought to curtail the reach of Manhattan prosecutors, likely spending far more in legal fees than the value of the work itself, experts told The Post. Bumble Dee – 'There's billions [of dollars] in Nazi-looted art hidden away,' Dowd said. 'All those people sitting on that stuff are not going to be sleeping as well since Drysdale's decision.' While most institutions holding Nazi-looted work — including 12 other Schiele pieces once owned by Grünbaum — have willingly returned the art, the Chicago museum brought the biggest legal challenge yet to Manhattan prosecutors' art hunt. Experts say the Windy City art house easily blew more than the value of the Schiele drawing, estimated by the DA's office to be $1.25 million, in its challenge. 'The Art Institute fought tooth and nail for well over two years,' Dowd said. 'That's a massive thing to do, an enormous financial investment. They wanted to cut off their jurisdiction. They wanted the DA to stick to New York.' 8 Manhattan District Attorney Alvin Bragg has returned 12 Schiele paintings so far to the Grünbaum family, in addition to hunting down numerous other looted artworks. LP Media The work is being seized in place as the museum appeals the decision, the DA's office said, adding it is 'pleased' with the ruling. Drysdale's decision is already 'the talk of the town,' said art lawyer and former prosecutor Georges Lederman to The Post. In addition to expanding the DA's jurisdiction, the court ruled that ownership questions, typically a civil matter, can be brought in criminal court when 'there is evidence of theft,' Lederman said. 8 Grünbaum descendant Judge Timothy Reif (second left) and family members pose at a news conference with the Manhattan DA's Office announcing the return of another Schiele work from Grünbaum's collection. Steven Hirsch 'I think this is a warning to museums and to collectors to dig deeper,' said lawyer Leila Amineddoleh, who also teaches art law. But even in cases where 'the ethics could not be more clear,' Amineddoleh said she worries about the practicalities of such rulings. 8 While imprisoned at the Nazi's Dachau death camp, 'fellow detainees remember Grünbaum employing his trademark wit and defiance to mock his captors and the conditions that he and other prisoners were subjected to,' Judge Drysdale wrote in her decision. New York Post 'We are putting today's standards on prior acquisitions,' Amineddoleh said. 'These involve really complicated factual inquiries for scenarios that took place decades ago with very little paper [record].' But Lederman said, 'If I were an institution, a museum, I'd be very concerned at this point in time.' Bragg's office has recovered 12 out of the 76 Schiele artworks once owned by Grünbaum, an outspoken and unafraid critic of Adolf Hitler. Drysdale's ruling traces the history of 'Russian War Prisoner' from when Grünbaum lent the drawing for exhibits in 1925 and 1928 to his arrest and the seizure of his collection by Nazis in 1938. 8 Bragg's office has made the pursuit of stolen art a major focus, with a massive team of experts devoted to researching suspected looted works. LP Media Grünbaum was then sent to Dachau Concentration Camp, where he was murdered three years later. While the dealer who sold the work to the Institute in the 1960s claimed that Grünbaum's sister-in-law sold the Schiele drawing after the war, Drysdale states in her ruling that no record supports that claim. That dealer, who also claimed Nazi's never seized Grünbaum's collection, was later revealed to be a 'prominent dealer in Nazi-looted art,' Drysdale wrote. 8 Another Schiele work, 'Girl with Black Hair,' was recovered from the Allen Museum of Art at Oberlin College and valued at approximately $1.5 million. LP Media 'Despite these vibrant red flags, it appears as though the Art Institute of Chicago did nothing further to corroborate the account of a man whose credibility had directly been called into question on this very issue,' the judge said in her decision. The art institute told The Post it is 'disappointed with the ruling.' 'There is significant evidence that demonstrates this work was not looted, and previous courts have found that evidence to be credible,' a rep said.