Why New York can be a risky place for dealers and museums to hold art

"The Manhattan District Attorney's (DA) office has for many years been seizing antiquities from dealers, collectors and even museums. Since 2017, around 6,000 objects have been seized and most of these have now been repatriated to countries of origin like India, Mexico, China and Greece. In April, the DA received a very favourable ruling from the state's supreme court allowing the seizure of the Egon Schiele drawing, Russian War Prisoner (1916), at the Art Institute of Chicago. The museum is now appealing that decision."

"One impact is on the legal rights of possessors. The DA's view (now accepted by the court) is that if a work of art was once stolen it remains stolen today, no matter who the possessor may be. The office has been able to seize antiquities, some of which left their countries of origin decades ago, on the allegation that they constitute "stolen" property. Any title acquired by a dealer, collector or museum in an intermediary jurisdiction (like Switzerland or England) is disregarded."

The Manhattan District Attorney's office has seized around 6,000 antiquities since 2017, repatriating many to countries such as India, Mexico, China and Greece. A recent state supreme court ruling permitted seizure of Egon Schiele's Russian War Prisoner (1916) at the Art Institute of Chicago, and that decision is under appeal. The DA's position, accepted by the court, treats any work once stolen as perpetually stolen, allowing seizures regardless of subsequent transfers or intermediary titles obtained in jurisdictions like Switzerland or England. This contrasts with other jurisdictions that honour good-faith purchases and limitation periods, creating volatility in legal title and deterring movement of works through New York.

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