(The Manhattan DA was acting as agent of the Italian Republic in the seizure action.) The gallery’s lawsuit states that the head was improperly seized and that there is no actual evidence that it had ever been stolen or unlawfully exported. The gallery’s Complaint, filed on November 12, 2019, seeks the immediate return of the marble bust and damages for losses caused as a result of Italy’s wrongful action. The lawsuit details the history of legitimate, public sales of the statue before it was purchased by the gallery. It notes that despite the statue being publicly sold and published several times, Italy made no complaint and never challenged a prior sale. Research performed by the Art Loss Registry showed that the bust had been in the Kevorkian Collection, most likely dating prior to WWII. Auction records also show that on multiple occasions since 1958, the Head of Alexander appeared in illustrated catalogs and was on public display at auction houses. A Sotheby’s 2011 auction listing also attests to both Kevorkian’s ownership and date when he is thought to have acquired it. Italy has argued that the Head of Alexander was likely taken from the Forense Museum (Antiquarum Forense) in Rome but has not presented evidence that it was ever in any museum or museum inventory. The Manhattan DA’s office asserted in court filings in 2018 that the lack of a paper trail or an export permit authorizing the statue’s removal from Italy from 50-100 years before marks it as a typical clandestine export in violation of Italy’s national patrimony law. The Safani Gallery countered in its Complaint that the Head was not the type of object covered by Italian patrimony law at that time. It further states that Italy has no evidence that it required or issued export licenses for similar objects, and that Italy has not retained any record of any export license from the time period. The Safani Gallery makes the point that export without an export license does not by itself turn an object into stolen property or lead to a legal conclusion that it is stolen property. The gallery’s Complaint notes that the Italian Republic’s claim that the head was stolen is based on its assertion that (1) the bust was excavated after 1909 and was and remains Italian property because of a national patrimony law, and (2) that Italy can find no record of an export license authorizing its removal from Italy. #Alexander helios bust for sale license.
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