“Art and antiquities have special value and meaning that cannot readily be quantified. As a result, they have long been the subject of theft and deception, as well as a means to launder illicit proceeds. Art should serve to inspire the mind and nourish the soul, and not be allowed to become a conduit for crime,” said Manhattan U.S. Attorney Preet Bharara.
In a related repatriation ceremony held on Sept. 21, 2010, the U.S. Attorney’s Office for the Southern District of New York returned to Brazil two paintings – “Modern Painting with Yellow Interweave” by Roy Lichtenstein and “Figures dans une structure” by Joaquin Torres-Garcia – that were smuggled into the United States.
The Poliakoff once belonged to Brazilian banker Edemar Cid Ferreira. Ferreira, the founder and former president of Banco Santos, S.A. , was convicted in Brazil of crimes against the national financial system and money laundering.
In December 2006, Ferreira was sentenced in Brazil to 21 years in prison.
After the shipment containing the paintings was imported into the United States, the Lichtenstein and the Torres-Garcia were subsequently sold, but the purchasers later voluntarily surrendered the works to Homeland Security Investigations.
The Poliakoff was shipped to Switzerland, where it was seized by Swiss authorities in July 2008 at the request of the U.S. Attorney’s Office and Homeland Security, officials said.
As part of this case, officials said a Sao Paulo Court Judge also ordered the search, seizure, and confiscation of assets that Ferreira, his associates, and members of his family had acquired with unlawfully obtained funds from Banco Santos.
Those assets included the Poliakoff, the Lichtenstein, the Torres-Garcia, and other artwork valued at $20 million to $30 million.
The artwork was kept in several locations, including Ferreira’s home in the Morumbi neighborhood of Sao Paulo, the main offices of Banco Santos, and at a holding facility, officials said. When Brazilian authorities searched these locations, they found that several of the most valuable works of art were missing, including the Poliakoff.
Authorities said Sao Paulo Court sought INTERPOL’s assistance after searching museums and institutions in Brazil for the missing artwork.
In October and November 2007, INTERPOL and the Government of Brazil sought the assistance of the United States to locate and seize the missing works on behalf of the Brazilian government.
In response, Homeland Security Investigations special agents in New Haven, Connecticut located and seized a painting by Jean-Michel Basquiat called “Hannibal,” authorities said.
The U.S. Attorney’s Office filed a civil forfeiture complaint alleging that “Hannibal” had been brought into the United States illegally.
On October 15, 2010, the Poliakoff was forfeited to the United States. “Hannibal,” which was recently valued to be worth about $8 million, and a sculpture known as the “Roman Togatus” have also been forfeited to the United States.