Defendants Plead Guilty in Stolen and Switched Matisse Painting Case

A pair indicted for their role in receiving a stolen Henri Matisse painting will be sentenced following a guilty plea hearing held on October 30.  A federal grand jury in Miami handed up indictments in July against Pedro Antonio Marcuello Guzman and Maria Martha Elisa Ornelas Lazo for their involvement with the Odalisque in Red Pants, reported stolen from the Caracas Museum of Contemporary Art (Museo de Arte Contemporaneo de Caracas (MACCSII)) in Venezuela in or around December 2002.

Henri Matisse

The two signed off on proffers that describe their role in the possession, transportation, and sale of the painting.  The proffers state that Marcuello Guzman brokered the sale of the $3+ million painting to undercover FBI agents for a discounted price of $740,000.  Ornelas Lazo later flew from Mexico City to Miami International Airport carrying the Matisse painting in a tube.  The proffers go on to describe the following details of the transfer, switch, and sale of the artwork:

" ... Ornelas and co-conspirator Marcuello met the FBI under cover agents ("UCs") at a Miami Beach restaurant. During the meeting . . . Ornelas explained that she had taken multiple precautions to minimize being stopped by U.S. Customs and to minimize being inspected, such as in the manner of her packing, dressing lightly, and bringing no food into the U.S. Ornelas admitted taking the photographs of the painting that were sent to the UC's. Ornelas advised that she was present for prior inspections when experts inspected the painting and found it to be authentic. Ornelas added that one specialist said the painting was worth $3.7 million. During the meeting, Ornelas indicated that the experts were nervous because they seem to be aware of the painting's history. When one of the UCs asked if the experts were nervous because the painting was stolen, Ornelas replied affirmatively. During the meeting, Ornelas stated that she knew everything in regards to the painting.

"The following day, July 17, 2012, co-conspirator Marcuello, Ornelas, and the UCs met at a Miami Beach hotel to conduct the sales transaction for the stolen Henri Matisse painting. ...

"During the July 17, 2012 transaction, Ornelas advised the UCs that she had researched the history of the stolen painting online when it showed up years ago at her residence in Mexico. Ornelas further indicated that she had had the painting inspectedby experts in Mexico City, but that none had been willing to authenticate the painting in writing given its origins [referring to the painting having been stolen.]  Ornelas stated that employees at the museum in Caracas had done a "switch'' [referring to the replacement of the original painting with an imitation].

"At the conclusion of the July 17, 2012 meeting, the UCs agreed to purchase the painting and followed through with an ostensible attempt to conduct a wire transfer payment to a bank account supplied to the UCs by Ornelas. Ornelas and co-conspirator Marcuello were then arrested and the painting seized."


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Prosecutors Discuss Antiquities Trafficking at International Conference

IAP President James Hamilton of Ireland.

Global antiquities trafficking is a crime that often goes undetected, unreported, uninvestigated, and unprosecuted. That was the message conveyed to over 400 prosecutors from approximately 80 countries during last week's convention of the International Association of Prosecutors (IAP) in Bangkok, Thailand. The conference focused on organized crime.

Antiquities trafficking was featured during a panel examining commodities crime and its funding of organized criminal networks. It was a privilege for me to have been invited to address the conference.

Prosecutors in attendance were informed about operating techniques used by artifacts traffickers, and how cultural contraband remains visible in the stream of commerce after being illegally dug up, transported, smuggled, laundered, and sold. 

"Impunity undermines the rule of law," said UN Special Rapporteur Gabiela Knaul as she advocated for accountability of organized crime participants. One method of enforcement suggested by Kier Starmer, head of the United Kingdom's Crown Prosecution Service, is to prosecute offenders and seize criminal assets, followed by post-conviction financial reporting by defendants in order to deter repeat offenses.

One of the IAP's stated objectives is "to improve cooperation between prosecutors to more readily combat international criminality."


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text and photo copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Register Now! - The Untold Story of Cultural Heritage, WWII, and the Pacific

The Untold Story of Cultural Heritage, World War II, and the Pacific

A Conference Marking the 70th Anniversaries of the Battles of of the Coral Sea, Midway, and Guadalcanal

Thursday, November 8, 2012 – Friday, November 9, 2012 THIS WEEK!

Learn More and Register Now

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Ithaca Lawyer's First Movie Review: Flight with Denzel

Attention: SPOILER ALERT

I am not a movie reviewer but I am a defense and personal injury attorney who focuses on DWI cases. So when the new movie Flight with Denzel Washington began their previews I got excited.

Excited for a number of reasons, I love Denzel, as an actor, I think he is amazing, I love producer Robert Zemeckis (of Forrest Gump fame), and I love this movie's storyline, DWI pilot saves/crashes a plane. However, you choose to spin the story, it is compelling, especially with Denzel at the wheel so to speak.

Mixed Reviews

My wife and I went to see the movie in Ithaca after reading mostly good reviews on Rotten Tomatoes, and a bunch of "iffy" ones. I am always leery of the reviews that are too positive or too negative, afterall a movie of this nature (moral content) usually compels people (even reviewers) to take sides or positions. Some reviewers thought the movie was too AA (alcoholics anonymous) preachy. I went in looking for this perspective but didn't see it that way. As anyone knows from reading my stuff I am Not pro-drinking/drugging/driving/operating planes, trains, or automobiles, that would be crazy. I am not crazy that way but I do believe that everyone deserves the full extent of the law, it's protections and it's consequences.

Different Strokes for Different Folks

I also believe that those who need help should get it, whatever works for them, whether this is AA based or something else. I have seen different programs work for different people, just like any program/idea/philosophy/methodology it must be worked, it must be believed, and it must be integrated for a long term change.

That said, I really liked this movie but I had issues with some of the legal/administrative/story proceedings and dialogue relating to the operation of a plane while under the influence, and how Denzel's character forced me to suspend disbelief on a few occasions.

SPOILERS/SPOILERS/SPOILERS

Denzel's blood alcohol concentration post-crash came back as a 0.24 BAC. 

His attorney supposedly "squashed it", as in got it thrown out. We only know the issues he pointed out on camera: the blood preservative was wrong, the lab machine was not calibrated (verified/validated) properly/timely, and the transfer of custody procedures were violated by the hospital personnel. Whether he did this by a Court motion or by a motion and Court hearing is never revealed. Poetic license, maybe?

Multiple Samples?

There would have been at least two samples drawn. One for the hospital for triage and medical treatment of Denzel immediately, and then a forensic sample. Whether either one of those samples could have presented at an administrative or civil hearing is another issue. Proof at these hearing has a lower standard than the criminal one of beyond a reasonable doubt.

What is the True BAC limits for pilots, CDL holders, and train drivers?

The true legal limit for a pilot (commercial airline, bus, train) is .04 BAC (blood alcohol concentration).

        In 1985 and 1986, the Federal Aviation Administration implemented the current version of section 91.17 of the Federal Aviation Regulations, which applies to all aircraft pilots (general and commercial aviation alike) and states in part that

        NO person may act or attempt to act as a crewmember of a civil aircraft— (1) Within 8 hours after the consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any drug that affects the person's faculties in any way contrary to safety; or (4) While having 0.04 percent by weight [8.7 mmol per liter] or more alcohol in the blood.

The movie indicated that a .08 BAC is the criminal limit. It is BUT not when you are driving/operating/flying as a "common carrier" and this standard is even less if you look at the the Federal law above. NO alcohol within 8 hours of flying a plane or even being a "crewmember" of a plane. Zero Tolerance is the law.

Denzel drives drunk with impunity?

In the movie much time is spent watching Denzel battling his alcohol addiction. He is driving and drinking, drinking and driving, in short violating law and order at every turn. Yet, he visits his ex-wife and son unexpectedly, who then calls the police because he is angry and inflamed, they arrive, his car is parked at a fire hydrant, the press arrive, and he is completely sloshed, and he is NOT arrested for DWI/DUI?

Instead we hear that the police escort him to a safe place. This has to be a movie because in real life people get arrested after driving drunk.

Well even after all of that I still loved the movie for the following reasons:

1. Denzel comes to terms with his lying and his addiction. He accepts responsibility, and the depth of his characterization of this event is astounding. His dynamic eyes and facial expressions reveal true transformation.
2. We see the balance of people's reactions and responses to the event (crash) and even to Denzel. Just like real life many people just don't know where or how to place a life changing and fatal event.
3. Act of G-d. A loaded expression or an expression loaded with emotion, where is G-d's role to play in all of this life stuff? Is there a G-d? Is this an Act of G-d? This is real and I see it daily in my practice, people trying to make sense of tragedy, to find meaning in the harsh consequences of the world's reality.

My wife and I walked away talking, discussing, and challenging one another. To me that is the proof of a good movie, now after we watched Cloud Atlas both of us were completely silent. Maybe we were so stunned by the brilliance? Or maybe something else?

Larry Newman, Ithaca Attorney

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com

The Ithaca Doctor/Lawyer: Avoiding the Two Biggest Mistakes in Making a Disability Claim

from 123rf.com

I have represented, treated, and testified for thousands of disabled people over the span of 26 years. First as a Chiropractic Physician in Florida, and then as an attorney in NJ, FL, NY, and PA. I have rated them for impairment and disability, have evaluated and diagnosed them physically, and helped them obtain money to compensate them for their losses. Claims for disability can be made in many different areas, circumstances, and times. It is more common to become disabled than most people may wish to believe or think about.

Understanding TWO main ideas about disability claims will go a long way to ensure that yours is good.

First, Dis-ability means just that, UN-able to WORK at a JOB.

Disability is NOT impairment, disability is NOT your injury, disability is NOT your condition or your disease.
It is always job related or job specific. How specific a job is the first question for all claims?

Under an auto policy it just means the job you are doing prior to your car accident. So if you were employed at Burger King prior to your injury then not being able to flip burgers means you are disabled.

Under Social Security Claims the government has set a line in the sand at 50 years of age to make a job determination. If you are 50 or older (I am) then the last 6 years of your work life are your baseline "job." In other words, if you can't perform that type of work (the one from the past 6 years) you are 100% disabled. If you are less than 50 years of age (at least to the government) then "any" work you can physically and mentally do is the baseline. So being 100% disabled and being under 50 is a big deal to social security.

Under a private disability claim policy from a company you work for or self pay you must read the policy. It may specifically state what is and what is not disabled based upon time and job. Some policies are called "own" occupation, which means the occupation you are trained, experienced, and educated for. Other policies have looser definitions of work and employment. They might state "any" job, so your being trained as an engineer BUT being able to tear tickets at the local movie theater means that you are NOT disabled.

Second, Disability is NOT determined by YOU.

This is by far the biggest MISTAKE I see most people make. You cannot wake up and decide I can't work and then make a claim. Your doctors, and your healthcare providers (Physician Assistants, Nurses, etc.) MUST make that DETERMINATION.

Disability is always a DETERMINATION for a professional to make after an ASSESSMENT. Ongoing disability requires ongoing (continuing) evaluation and assessment. Ongoing claims need to be substantiated (shown, proven, validated) with SUBSTANCE (objective findings, testing, treatment, care).

That is why it is vitally important that you tell them all of your symptoms, problems, and limitations. A record must be made and kept to make any claim for compensation. They put you on or off disability. They continually monitor and evaluate you as time goes by. Making a record and establishing connections between your injuries (diseases, conditions, etc.) and your INABILITY to Function and to WORK is everything. Complete, detailed, and validated documentation of a disability claim will help everyone in the process. Giving claims examiners all the reasons for the disability and then the documentation makes your's stand up to any scrutiny or potential contest (challenge as to authenticity). In other words, is your claim REAL? Real claims have real documentation, causal connections, and continuity.

These two things are true regardless of:

Whether the claim was for personal injury disability against an insurance company for a car or truck accident.
Whether the claim was for a worker's compensation claim.
Whether the claim was for social security disability against the government administration.

Understanding these two truths about claims will help you make your claim for compensation stronger.

Dr. Lawrence Newman

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
newman.lawrence@gmail.com

http://www.ithacainjurylawyer.com

Shipwreck Ethics

Edward Rodley, senior Exhibit Director at Boston's Museum of Science (MoS), has written an article titled "The Ethics of Exhibiting Salvaged Shipwrecks," published in October's issue of Curator: The Museum Journal.  The article coincidentally appears as the MoS hosts a special exhibition sponsored by commercial maritime salvor Odyssey Marine Exploration called SHIPWRECK! Pirates & Treasure.

Curator magazine describes Rodley's article as follows:

"The contentious relationship between cultural heritage professionals and commercial entities is nowhere more fraught than in underwater archeological sites. More and more often, museums are drawn into this conflict through hosting traveling exhibitions. This article explores the ethical issues in two shipwreck exhibitions, Shipwrecked: Tang Treasures and Monsoon Winds, and Real Pirates: The Untold Story of the Whydah from Slave Ship to Pirate Ship, and the specific responses museums have made to address the ethical issues around commercial exploitation of cultural heritage. The article calls for museums to be more thoughtful and deliberate consumers, and embrace their potential as safe venues for exploring ethical dilemmas these sites embody."

Ed Rodley is a museum professional with a background in archaeology.  I spoke with Rodley about why he wrote the article.  He replied in an email excerpted below.

"Museum exhibitions are one of the main venues where the general public encounters archaeology, yet ethical issues get little to no acknowledgement or discussion in most exhibitions. In my experience, responses by the broader museum community to ethical issues tend to break down into either A) avoiding anything controversial, or B) pretending that there is no controversy by ignoring it. Both of these strategies deny the public the opportunity to explore these issues.

"I wanted to highlight the inadequacy of those responses and hopefully stimulate some discussion of other responses to controversy.

"I wrote the article to focus on museum responses to two underwater cultural heritage controversies; the Belitung wreck from Indonesia and the Whydah Galley. They are perfect examples of the dilemmas that face anyone working in cultural heritage. The different responses to these exhibitions are instructive for any museum thinking about hosting these kinds of exhibitions.

"Museums have the potential to be that ideal third space where people can engage with challenging ideas, and feel safe doing it. If the article encourages more conversation about ways museums can actually participate in the debate, then I'd consider it well worth the effort."

The article is worth a read.  Those wishing to learn even more about underwater heritage issues may find last year's Lawyers' Committee for Cultural Heritage Preservation conference of interest.  The program may be viewed online here.

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

New York State's Corruption Risk Report Card: It Aint Good

NYS Overall grade:

D

Click a category to see detailed scores and notes.

Public Access to Information D+ view	Political Financing D- view
Executive Accountability D view	Legislative Accountability D+ view
Judicial Accountability D view	State Budget Processes F view
State Civil Service Management D- view	Procurement D view
Internal Auditing B+ view	Lobbying Disclosure B- view
State Pension Fund Management F view	Ethics Enforcement Agencies F view
State Insurance Commissions D- view	Redistricting F view

Email report card to officials

Click here to share this report card on your site

The story behind the score

New York’s newly created ethics commission has its work cut out for it in a state government that’s often defined by dysfunction and corruption. Read more from SII State Reporter David King.

Latest state news for New York

Campaign finance laws missing teeth and transparency

JUN 26, 2012

By Mike Mullen

Gov. Scott Walker survived his recall election. The same cannot be said for the integrity of campaign finance laws in Wisconsin.

Incumbents targeted for recall are freed from Wisconsin's normal fundraising limits, and can collect unlimited contributions from individual donors. With the election between Walker and his Democratic opponent, former Milwaukee mayor Tom Barrett, seen as a battleground for national partisan politics, money poured in on both sides. But Walker exploited the seemingly infinite loophole to tremendous advantage: By election day, Walker's campaign had received more than $30 million in donations, a total that approached the $37.5 million spent by both sides during the 2010 election,according to the Center for Public Integrity.

Wisconsin received a grade of 'C-' from the State Integrity Investigation for its political financing laws and practices, with reporter Kate Golden finding proper measures on limits, enforcement, and transparency, while also documenting numerous exemptions and back-channels, including the recall election loophole. But in other states, the potentially polluting influence of unlimited, and sometimes unsupervised campaign financing is constant and permanent, borne out of state laws and practices -- or their absence.

Read more →

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New group joins push for campaign finance reform in New York

JUN 25, 2012

State integrity news for New York, from the New York Times:

Frustrated with Albany’s tepid reaction to the idea of publicly financed elections, the Facebook co-founder Chris Hughes and his fiancé are financing a new campaign to press the issue in coordination with Gov. Andrew M. Cuomo.

The group has also enlisted two former Cuomo aides to help plot its strategy. The campaign, Protect Our Democracy, will include a 501(c)(4) nonprofit group and a political action committee.

Read the rest of of the story at the New York Times.

Read more →

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Editorial: Close loopholes and open public pensions to the public

JUN 11, 2012

State integrity news for New York, from the New York Times:

The law allows the disclosure of the names and pensions of retired public workers. But it exempts disclosure of the name of a “beneficiary” — which has long been interpreted to mean a person receiving the benefits after a retiree dies.

A state court ruling last year, however, found that a retiree could also be “beneficiary” and, therefore, could be shielded from disclosure. It is now up to the State Legislature to undo this ridiculous ruling and clarify an important law.

Read the rest of the story at the New York Times.

Read more →

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Editorial: Pro-Cuomo organization should disclose its donors

JUN 06, 2012

State integrity news for New York, from the New York Times:

Cuomo administration officials argue that the governor pushed hard for ethics reform last year that, among other things, would require 501(c)(4) groups to disclose their donors.

Mr. Cuomo does not need to wait for that to happen. He can demonstrate his commitment to reform by pushing his friends at the committee to disclose all of its donors right now.

Read the rest of the story at the New York Times.

Read more →

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New York launches new open government website

JUN 01, 2012

State integrtiy news for New York, from the Daily Gazette:

The government transparency website Project Sunlight has been expanded by Attorney General Eric Schneiderman to include the user friendly New York Open Government feature. Project Sunlight, which contains a collection of information compiled by the Attorney General's Office, will now help voters and government watchdogs hold state government accountable by offering up-to-date campaign contribution, lobbying and state contract data.

“Secrecy breeds corruption, while transparency generates confidence,” Schneiderman said in a statement. “New York Open Government will help the public keep an eye on what their government is doing in order to deter corruption and increase confidence in the public sector..