The Nahmad family, one of the art world’s most powerful entities, has lost their 11-year restitution dispute over a highly desired painting by the coveted Italian artist Amedeo Modigliani. The decision, handed down by a Swiss court, concludes a long-standing legal battle that drew significant attention in the international art community.
The disputed artwork, “Seated Man with a Cane” painted in 1918, is a masterpiece valued around $25 million according to a recent appraisal. It was owned by Oscar Stettiner, a Parisian Jewish art dealer, before the Nazis occupied France in World War II. Stettiner was forced to abandon the painting when he fled the country in 1939, along with countless Jews who had to leave their valued belongings behind as they escaped the Nazi regime.
Upon Stettiner’s death in 1948, his grandson Philippe Maestracci initiated legal proceedings to reclaim the artwork. The Nahmad family, however, claimed they purchased it legally at an auction in 1996. The art dealing dynasty, with its multi-billion dollar empire spread across the globe, maintained that they were not in possession of the painting, and it was owned by the International Art Center, a company registered in Panama.
In 2016, leaked documents known as Panama Papers presented strong evidence that the Nahmad family were, in fact, the true owners of the International Art Center. Allegedly, they had used it as an offshore company to sell artworks in secret.
The Geneva court judge sided with Maestracci, stating that the Nahmads failed to sufficiently prove they did not control the International Art Center. Switzerland’s high court agreed, rejecting the Nahmad family’s final appeal. As a result, Modigliani’s “Seated Man with a Cane” will finally go back to Stettiner’s rightful heir after 83 years, marking a significant judicial success in the ongoing global issue of art restitution. This case sets a crucial precedent in Switzerland, a country known for its banking secrecy and stringent laws, and is therefore a significant milestone in art restitution cases.
James Palmer, the founder of the Mondex Corporation, which specializes in recovering looted art, said, “It’s great when justice is done, although it is a shame it has taken so long. This verdict gives fresh hope to all those still seeking to recover their looted artworks. I hope people learn from this: you have rights, and if you pursue them with determination and good legal advice, justice can be achieved.”
This case has prompted renewed discussion on the responsibility of the art industry to restitute plundered artworks to their rightful owners. Nahmad family’s defeat marks a crucial victory for those trying to reclaim art looted during World War II and points to a changing atmosphere in the art world towards looted art.
The painting’s whereabouts during and after the war remain somewhat mysterious: records show it appeared in the collection of an American naval officer, and later in the hands of a private collector, then to going under auction where the Nahmads claimed to have legally purchased it. The painting eventually found its way to New York’s Helly Nahmad Gallery. The ruling did not comment specifically on the details of the painting’s journey.
For now, the Modigliani masterpiece will remain in Geneva, awaiting the court’s instruction for the next steps. This case marks one more victory in the ongoing struggle for justice for art victims of Nazi looting, finally putting an end to an 11-year legal battle filled with secrecy, art, and millions of dollars.
Original Source: https://www.artnews.com/art-news/news/modigliani-restitution-dispute-nahmad-family-loss-1234779947/
