• <b>Bonhams, Feb. 11:</b> A Rare 3-rotor German Enigma I Enciphering Machine. $70,000 to $90,000
    <b>Bonhams, Feb. 11:</b> Important collection of correspondence between Werner Heisenberg and Bruno Rossi. $40,000 to $60,000
    <b>Bonhams, Feb. 11:</b> Walt Whitman Autograph manuscript containing his thoughts on death. $20,000 to $30,000
    <b>Bonhams, Feb. 11:</b> David Roberts. <i>Holy Land</i>. Six volumes. 1842-1849. First edition. $15,000 to $25,000
    <b>Bonhams, Feb. 11:</b> Extensive collection of Ray Bradbury's primary works, most signed or inscribed. $15,000 to $20,000
    <b>Bonhams, Feb. 11:</b> Peter Force. Declaration of Independence. $12,000 to $18,000
    <b>Bonhams, Feb. 11:</b> Steinbeck. <i>Grapes of Wrath</i>. A fine copy of the first edition. $10,000 to $15,000
    <b>Bonhams, Feb. 11:</b> Lewis & Clark. <i>Travels to the Source of the Missouri River</i>... First English edition, extra-illustrated. 1814. $10,000 to 15,000
    <b>Bonhams, Feb. 11:</b> Manuscript document signed by Nuno de Guzman relating to Hernan Cortes, 1528. $8,000 to $12,000
    <b>Bonhams, Feb. 11:</b> “Nos los inquisidores..." The first book in English printed West of the Mississippi. [1787]. $5,000 to $8,000.
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> <i>The Massachusetts Magazine: or Monthly Museum of Knowledge and Rational Entertainment,</i> 1789. Signed by George Washington. $28,000 to $32,000
    <b>Case Antiques, Jan. 27:</b> George Washington Signed Letter to John Marshall. $12,000 to $14,000
    <b>Case Antiques, Jan. 27:</b> Picasso Signed “Vallauris” 1952 Exhibition Poster. $6,000 to $8,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Military appointment commission document signed by both President Thomas Jefferson and Secretary of War Henry Dearborn, dated January 27, 1803. $2,400 to $2,800
    <b>Case Antiques, Jan. 27:</b> Doris Ulmann and Julia Peterkin. <i>Roll, Jordan, Roll.</i> New York, 1933, deluxe edition, preceding first edition of the same year. No. 74 of 350. $5,000 to $6,000
    <b>Case Antiques, Jan. 27:</b> John Marshall. <i>The Life of George Washington,</i> Philadelphia, 1832. Signed by author. $5,000 to $7,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Samuel L. Margolies (American, 1897-1974). Aquatint and etching, "Builders of Babylon," 1937. $4,000 to $4,500
    <b>Case Antiques, Jan. 27:</b> Two Robert E. Lee (1807-1870) signed documents as President of Washington College. $3,000 to $3,500
    <b>Case Antiques, Jan. 27:</b> William C. Harris. <i>The Fishes of North America That Are Captured on Hook and Line</i>, Vol I., New York, 1898. 40 chromolithograph plates. $2,000 to $2,500
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> $100 "Date Back" bank note 1902 from the Clarksville National Bank, Clarksville, Tennessee, depicting the portrait of John Jay Knox, Jr. $1,400 to $1,800
    <b>Case Antiques, Jan. 27:</b> View of the University of Virginia, Charlottesville and Monticello, Taken from Lewis Mountain, drawn and lithographed by Edward Sachse. $800 to $1,000
    <b>Case Antiques, Jan. 27:</b> Large Civil War photograph mounted on card stock depicting Rossville Gap in Missionary Ridge. $400 to $450
  • <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 39: Presidential Pardon Signed by John F. Kennedy. November 1962. $7,000 to $9,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 537: Marc Chagall. <i>Illustrations for the Bible</i>. Features 28 lithograph plates. First American edition, 1956. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 252: Jack Kerouac. <i>On the Road</i>. 1957. First edition. $5,000 to $7,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 143: Arthur Rimbaud. <i>A Season in Hell</i>. With photogravures by Robert Mapplethorpe. The Limited Editions Club, 1986. $600 to $800
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 72: Group of 11 Harry Truman Signed Letters. Typed & signed by the former President. 1962-1970. $1,500 to $2,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 157: Arthur Conan Doyle. The Complete Works of Sherlock Holmes by The Limited Editions Club. 8 vols. 1950-52. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 173: Jacob Lawrence. <i>The First Book of Moses, Called Genesis</i>. Illustrated with silkscreens by Lawrence. 1989. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 239: William Faulkner. <i>Sartoris</i>. First edition. New York: Harcourt, Brace, & Company, 1929. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 286: Walt Whitman. New Year’s Eve Postcard Signed, “Walt Whitman,” to the poet Gabriel Sarrazin. January, 1891. $4,000 to $6,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 351: Pair of European Fine Bindings. Including Gesanbuch (1831) & Naboznych Vylevov (1911). $200 to $300
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 423: August Luben. <i> Naturhistorischer Atlas der Saugethiere </i>. Includes complete set of 30 loose plates. Leipzig: 1858. $1,000 to $1,500
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 386: <i>Famous Monsters of Filmland No 1</i>. Art by Will Elder, text by Forrest Ackerman. Warren’s first monster magazine. Feb, 1958. $2,000 to $3,000

Rare Book Monthly

Articles - August - 2017 Issue

The Hobby Lobby Case – Illegal Importation of Some of the World's Oldest Writings

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One of the cuneiform tablets (Department of Justice photo).

A settlement has been reached in a smuggling case involving approximately 5,500 items from antiquity, some of the earliest "books" created, cuneiform tablets from the "cradle of civilization," today known as Iraq. In the bizarrely titled case entitled United States of America vs. Approximately Four Hundred Fifty (450) Ancient Cuneiform Tablets and Approximately Three Thousand (3,000) Ancient Clay Bullae, the items (including some others from antiquity) have been seized and a $3 million fine assessed. Despite the case name, it was not the tablets and bullae that were charged with wrongdoing. Rather, it was the large retailer of arts and crafts items, Hobby Lobby. These are not the sort of items sold in their stores, so how did Hobby Lobby get involved in the smuggling of illegal-to-import cultural artifacts, likely stolen, from another country?

 

Hobby Lobby, despite its size, is not a public corporation. It is owned by the Green family of Oklahoma City. The Greens are devout, some might say zealous Christians. They have funded the estimated $400 million construction of the 160,000 square foot Museum of the Bible in Washington, scheduled to open later this year. They have assembled a large collection of Bibles and related material, much of it of substantial value. It is not surprising they would have a keen interest in writings going back to biblical times. Presumably, much of their collection will make its way to the museum. Whether that was to be the eventual destination of these ancient tablets and bullae is not clear.

 

U.S. law provides that it is a violation to import cultural objects illegally removed from Iraq since 1990. Since Iraqi law has provided since 1936 that it is illegal to remove any such objects from the country, clearly any cultural objects removed from Iraq post-1990 may not be imported into the United States. Those removed prior to 1990 may be eligible for importation, though other rules may apply, particularly if they were stolen. Hobby Lobby's claim was that it was informed the items were legally acquired in the 1960's. However, the circumstances of their purchase and importation led to much questioning whether someone at Hobby Lobby must have known, or clearly should have known better. Sanctions apply not just for knowingly importing cultural objects fraudulently obtained, but also "for which a reasonable suspicion exists." Naturally, ignorance of the law is no defense either.

 

The circumstances were described in the U.S. Attorney's pleadings. In the summer of 2010, the President of Hobby Lobby and a consultant went to the United Arab Emirates to inspect approximately 4,500 items from antiquity. They met with two Israeli dealers and one from the UAE. Despite the value of the material, it was spread around the floor, on a coffee table, and in loosely packed cardboard boxes, often with little or no protective layers between pieces. The dealers then proposed an even larger sale, bringing the number of items to just over 5,500.

 

On return, Hobby Lobby's in-house counsel called in an expert to make a presentation about legal issues concerned with antiquities. The "Expert" addressed a group of people, including the President, "Consultant," and in-house counsel. At this point, the Expert learned of Hobby Lobby's interest in purchasing the cuneiforms.

 

Later in August, the Consultant reported to the President and the President's Executive Assistant that the two Israeli dealers informed him the material was owned by a third Israeli dealer. For reasons not clear, the items were allegedly housed in the United States, but shipped to the UAE for inspection. The stated offering price was $2,091,000. The Consultant said he believed they could be appraised for $11,820,000, but also believed the purchase price could be negotiated down to $1,600,000. Israeli Dealer #1 followed up with a provenance statement from Israeli Dealer #3 that his father had legally acquired them in the 1960's from local markets. In the 1970's, he said they were shipped to Mississippi and placed in the care of a custodian. Hobby Lobby made no attempt to contact the alleged custodian to verify the claim. In reality, the alleged custodian never possessed the antiquities, nor even met Israeli Dealer #3 prior to 2007.

 

In October, the Expert provided Hobby Lobby's In-house Counsel with a memorandum. Part of it read, "I would regard the acquisition of any artifact likely from Iraq as carrying considerable risk. An estimated 200-500,000 objects have been looted from archaeological sites in Iraq since the early 1990s; particularly popular on the market and likely to have been looted are cylinder seals, cuneiform tablets..." The memorandum went on to say that such items were likely to be stopped by Customs, and that improper declaration of country of origin could lead to seizure and forfeiture of the object. It also advised checking on previously imported items to confirm country of origin was properly declared. The memo continued that importing cultural property looted from Iraq after 1990 could lead to criminal penalties and fines. The U.S. Attorney's pleadings said this memorandum was not shared by In-house Counsel with the President, Consultant, Executive Assistant, or anyone else involved with the purchase and importation of the items.

 

Nevertheless, Hobby Lobby made the purchase for $1.6 million, the invoice stating the seller was Israeli Dealer #3, whom no one from the firm had met, and that the artifacts originated in Israel, though they did not. The $1.6 million was then wired to seven different bank accounts associated with five separate individuals, none of whom was Israeli Dealer #3. Rather, it was Israeli dealers #1 and #2, the UAE dealer, and two others.

 

In November, the employee tasked with receiving the items ("Curator") contacted Hobby Lobby's International Department and Executive Assistant to arrange for shipping. The International Department recommended using their customs broker. However, after the broker cautioned the CBP (U.S. Customs and Border Protection) might detain the material, the Curator and Executive Assistant had Israeli Dealers #1 and #2 handle the shipping.

 

Later in November, though prior to the execution of the purchase agreement, the UAE dealer began shipping the artifacts. Numerous "errors" were made. The first package was labeled "ceramic tiles." No formal entry was made with customs, though such is required for goods exceeding $2,000 in value, as clearly was the case here. In mid-December, three more packages were shipped, listed as "Tiles (Sample)." Country of origin and value were unstated. They were addressed to the President or Executive Assistant. Some were sent to Hobby Lobby, others to two related companies in Oklahoma City. Shipments continued, sometimes without required details, other times false, including wrong country of origin or false value. At one point, the Executive Assistant emailed the UAE dealer that as long as the value of packages were kept under $2,000, they would not have to clear Customs. Obviously, that would have been difficult considering the value of the items being shipped. Still, many were declared to have a value of only $250 or $300.

 

The items were shipped via Fedex, and about January 3, 2011, Customs inspected one of the packages. It was labeled "hand made clay tiles (sample)." They weren't. Nor were they manufactured in Turkey or worth only $250 as stated. The invoice also listed the UAE dealer as the seller.

 

Four more shipments were intercepted and inspected and "errors" were found with them too. On January 19, CBP seized the packages, which contained 223 cuneiform tablets and 300 clay bullae.

 

Hobby Lobby explained the reason payments were made to multiple individuals was because they were the original owners. However, this is inconsistent with the provenance statement that it all belonged to Israeli Dealer #3's family, which established the supposed legitimacy of their ownership.

 

Hobby Lobby consented to the forfeiture of the goods and to paying $3 million to resolve the civil action. They also agreed to provide the government with quarterly reports of purchases of cultural items for the next 18 months and provide some sort of sensitivity training to its personnel. Hobby Lobby President Steve Green published a statement saying, "We should have exercised more oversight and carefully questioned how the acquisitions were handled. Hobby Lobby has cooperated with the government throughout its investigation, and with the announcement of today’s settlement agreement, is pleased the matter has been resolved."

 

The Company statement explained, "The Company was new to the world of acquiring these items, and did not fully appreciate the complexities of the acquisitions process. This resulted in some regrettable mistakes. The Company imprudently relied on dealers and shippers who, in hindsight, did not understand the correct way to document and ship these items. However, since learning of these errors, the Company has been an active participant with the government’s investigation and supports its efforts to protect the world’s ancient heritage. At no time did Hobby Lobby ever purchase items from dealers in Iraq or from anyone who indicated that they acquired items from that country. Hobby Lobby condemns such conduct and has always acted with the intent to protect ancient items of cultural and historical importance."

 

Somehow, the alleged naiveté and blame shifting just doesn't sound right. It's hard to fathom how it all could be a case of mistakes and misguided trust on everyone's part. Did no one at Hobby Lobby even wonder about all the "errors," many of which, such as content and price labeling, repeated over and over, were obviously false? Not "understanding the correct way to document an item" might lead to mistakes in filling out a form, but mistaking precious, ancient cuneiform tablets for new tile samples? How about the Expert's warning, the Custom Broker's warning, the astonishing bargain price, or the strange method of multiple payments to separate people and shipments to multiple addresses? It seems hard to imagine that no one at the company was even suspicious, or that the company made a thorough investigation designed to root out the truth. The indicia of fraud were just too obvious for such a benign explanation to sound plausible.

 

A statement from the U.S. Attorney's office, attributed to Special Agent-in-Charge Melendez, states, "The protection of cultural heritage is a mission that HSI [ed. note: Homeland Security] and its partner U.S. Customs and Border Protection (CBP) take very seriously as we recognize that while some may put a price on these artifacts, the people of Iraq consider them priceless." Perhaps, but this action, if this is all there is, is not that much of a deterrent. Hobby Lobby forfeited the $1.6 million they paid for the artifacts plus paid a $3 million fine, for a loss of $4.6 million. Meanwhile, Hobby Lobby did an estimated $4 billion in sales last year. Forbes Magazine estimated its CEO, David Green, to be worth $5.5 billion. The fine effectively amounts to nothing at all. If this is all there is, Hobby Lobby does indeed have much to be thankful for.

Rare Book Monthly

  • <b>Swann Auction Galleries, Feb 15:</b> Icons & Images: Photographs & Photobooks
    <b>Swann Auction Galleries, Mar 1:</b> Vintage Posters Featuring Highlights from the Gail Chisholm Collection
    <b>Swann Auction Galleries, Mar 8:</b> Early Printed, Medical, Scientific & Travel Books
    <b>Swann Auction Galleries, Mar 13:</b> 19th & 20th Century Prints & Drawings
    <b>Swann Auction Galleries, Mar 22:</b> Autographs
    <b>Swann Auction Galleries, Mar 29:</b> Printed & Manuscript African Americana
    <b>Swann Auction Galleries, Apr 12:</b> Printed & Manuscript Americana
    <b>Swann Auction Galleries, Apr 26:</b> Fine Illustrated Books & Graphics
    <b>Swann Auction Galleries May 3:</b> Graphic Design
    <b>Swann Auction Galleries May 15:</b> 19th & 20th Century Literature
    <b>Swann Auction Galleries, Jun 7:</b><br>Maps & Atlases, Natural History & Color Plate Books
    <b>Swann Auction Galleries, Jun 21:</b> Revolutionary & Presidential Americana from the Collection of William Wheeler III
  • <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> Snowy Heron, Plate 242. John James Audubon (1785-1851). First Edition Engravings with Original Hand Color. London: Robert Havell, 1827-1838.
    <b>Arader Galleries, Jan. 27:</b> Great Blue Heron, Plate 211. John James Audubon (1785-1851). First Edition Engravings with Original Hand Color. London: Robert Havell, 1827-1838.
    <b>Arader Galleries, Jan. 27:</b> The Clouded Leopard. Charles Robert Knight (1874-1953). Oil on canvas.
    <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> A Bouquet of Daffodils and Other Flowers with a Butterfly on the Stem. Pierre-Joseph Redouté (1759-1840). Black Chalk, Watercolor And Gum Arabic On Vellum.
    <b>Arader Galleries, Jan. 27:</b> CELLARIUS, Andreas (ca 1596-1665). <i>Harmonia macrocosmica seu atlas universalis et Novus</i>. Amsterdam: Pieter Schenk and Gerald Valk, 1708.
    <b>Arader Galleries, Jan. 27:</b> HOMANN, Johann Baptist (1663-1724). <i>Grosser Atlas über die gantze Welt</i>. Nuremburg: J.H.G. Bieling for the heirs of Homann, 1737.
    <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> LEVAILLANT, Francois (1753-1824). <i>Histoire naturelle des perroquets</i>. Paris: Levrault frères (later Levrault, Schoell & Co.), 1801-1805.
    <b>Arader Galleries, Jan. 27:</b> FUCHS, Leonhard (1501-1566). <i>De historia stirpium commentarii insignes. adiectis earundem vivis plusquam quingentis imaginibus</i>… Basel: Michel Isingrin, 1542.
    <b>Arader Galleries, Jan. 27:</b> Original Manuscript Map "Plano De Una Parte De La Provincia De La Luisiana..." AN EXCEPTIONALLY FINE AND HISTORICALLY IMPORTANT MAP SHOWING THE ORIGINS OF THE STATE OF TEXAS AT THE TURN OF THE 19TH CENTURY.
    <b>Arader Galleries Auction<br>January 27, 2018</b>
    <b>Arader Galleries, Jan. 27:</b> J. De Cordova's Map of the State of Texas Compiled from the records of the General Land Office of the State by Robert Creuzbaur, Houston. Hand-colored lithograph. New York: J. Atwood, 1850.
    <b>Arader Galleries, Jan. 27:</b> Texas. David Burr (1803-1875). Engraved Map with original hand color in full. New York: J. H. Colton & Co., 1834. Second Edition.
    <b>Arader Galleries, Jan. 27:</b> Map of Texas with Parts of Adjoining States Compiled by Stephen F. Austin. Engraved Map with original hand color. Philadelphia, 1830. First Edition.
  • <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> <i>Verve: Revue Artistique et Littéraire/An Artistic and Literary Quarterly,</i> nos.1-38 in 26 vol [a complete set], numerous colour lithographs by Picasso, Chagall, Matisse & others. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Wesley (John, Church of England clergyman and a founder of Methodism, 1703-91). Autograph Letter signed to Rev. John Bredin, 1782. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Austen (Jane). Brock (Charles Edward). A group of seventeen ink and watercolour drawings for Dent's edition of Jane Austen's <i>Sense and Sensibility,</i> 1908. £6,000 to £8,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Tibullus (Albius) and Gaius Valerius Catullus. <i>Elegiae, sive Carmina,</i> Venice, Andreas de Paltasichis, 1487. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Doves Press. English Bible (The), 5 vol., one of 500 copies, signed and inscribed by Laurence Hodson, Doves Press, 1903. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Africa. Smith (Andrew). <i>Illustrations of the Zoology of South Africa,</i> 5 vol., first edition, original cloth, [1838-50]. £4,000 to £6,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Longitude. <i>An Act for providing a Publick Reward for such Person or Persons as shall Discover the Longitude at Sea,</i> first edition of this highly important act, John Baskett, 1714. £3,000 to £5,000
    <b>Forum Auctions, Jan. 25:</b> Shirley (James). <i>Six new playes, viz. The Brothers. Sisters. Doubtfull Heir. Imposture. Cardinall. Court secret,</i> first edition, 1653. £3,000 to £4,000
    <b>Forum Auctions, Jan. 25:</b> Heaney (Seamus). <i>Ugolino,</i> number 77 of 125 copies, Dublin, Dolmen Press, 1979. £3,000 to £4,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Lasinio (Carlo, 1759-1838). <i>[Ritratti Originali de Pittori Esistenti Nella Reale Galleria de Firenze],</i> 99 engravings, circa 1791-96. £1,800 to £2,200
    <b>Forum Auctions, Jan. 25:</b> Japan. Kusakabe Kimbei. Photograph Album, 50 hand-coloured albumen prints, oblong folio, [c.1890-1900]. £1,500 to £2,000
    <b>Forum Auctions, Jan. 25:</b> Polar. Expedition in search of Sir John Franklin. Arctic Expedition in search of Sir John Franklin, printed flyer, 1852. £1,000 to £1,500

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