The Dubious Market for Ancient Artifacts - DER SPIEGEL
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Lucrative Loot The Murky World of the Ancient Artifact Market

A new law in Germany seeks to eliminate the trade in ancient artifacts. It was written to target people like Leonardo Patterson, whose long career selling plundered objects from Central America throws a spotlight on the dubious industry.
Leonardo Patterson in his apartment in Munich.
Leonardo Patterson in his apartment in Munich.

Leonardo Patterson in his apartment in Munich.

Foto: Peter Schinzler/ DER SPIEGEL
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At some point, Leonardo Patterson stopped counting. He no longer knows how often they turned up at his Munich apartment: customs agents, tax officials and investigators with the state criminal police office. They became familiar with every nook and cranny of his two-room apartment in a residential tower just northeast of the city center: the small stone altar with the gold cross and prayer books; the dark oil painting above his bed, portraying a bare Jesus being flagellated by two men; the keepsake photo with the pope; the Mayan heads on his desk.

Patterson's defense attorney also cannot say how often they were there. Once a year, he estimates, like close acquaintances who wanted to drop by for a visit. Just that they carried a search warrant with them each time. "Oh, Mr. Patterson," they would say, "you've rearranged things." They would then pack the evidence they needed into their moving cartons.

Originally from Costa Rica, Patterson has been trading in ancient art for half a century. He is now turning 74, but the authorities are still after him. First it was the FBI, then Scotland Yard and finally the Spanish, the Peruvians, the Mexicans, the Guatemalans and, of course, the Germans. In London, they once confiscated a Peruvian gold mask from him; and in Munich, he is now being forced to hand over two ancient wooden heads from Mexico, provided the court ruling is upheld. But that's it. Not a good result for the authorities: maximum effort for minimal returns.

People like Patterson are euphemistically known as antiquities traders. But with a business model that is only half legal at best, the term dealer might be more accurate -- even if it is often difficult to prove wrongdoing. They profit from the fact that the immense market for archeological objects is split. On the one hand are the source countries, which are mostly poor and have passed laws against taking ancient objects out of the country -- but they often don't have the wherewithal to enforce the bans.

On the other hand are the rich countries where the collectors live. They could take action to stop the plundering, but they don't often do so. There simply isn't enough political pressure. After all, it isn't their cultural heritage that is being exploited. And the unappetizing elements of the business -- grave robbing and smuggling -- aren't taking place close to home.

Plenty of Contacts

Men like Patterson profit from the Janus-faced nature of the antiquities market. Those who manage to bring their goods out of the shadows and into the light of quasi-legality can make significant profits. And for decades, Patterson was one of the industry's biggest players. Those in New York, Sydney, Paris, Geneva or Munich who were interested in pre-Columbian art could hardly bypass the Costa Rican. Mayan skulls, ceramic warrior figures from Jalisco, smiling clay figures from the Totonac culture or a stone jaguar with an erect penis from Xochipala: He had everything on offer.

Leonardo Patterson with Pope John Paul II in 1992.

Leonardo Patterson with Pope John Paul II in 1992.

Foto: Peter Schinzler/ DER SPIEGEL

Patterson also had plenty of contacts. He knew several politicians in Costa Rica, including the foreign minister and president. And the people he knew were likewise well connected. At the end of this chain of contacts was often a collector, sometimes a counterfeiter and frequently it was just a few villagers who plundered hidden temple sites in the jungles of Central America in the hopes of making a few bucks -- so that a cultivated European in Basel or Düsseldorf could place a stone, Aztec rattlesnake on the mantelpiece.

The German government's culture commissioner, Monika Grütters, would like to take action to finally curtail the illegal trade in antiquities. She has presented a new, more stringent draft law for consideration, but resistance to the new regulation has been severe.

At a hearing on Wednesday, 14 experts were invited to speak to the Cultural and Media Affairs Committee in the German parliament, where divisions over the proposed legislation were aired. Some described it as being "good, necessary and overdue," but others warned the new due diligence requirements for dealers would be "untenable." Meanwhile, Dorothee Hansen of the Kunsthalle Bremen museum warned that "there is considerable uncertainty on the part of collectors. Many are no longer prepared to loan their works to us."

Should it ultimately pass, the new law would make it illegal in Germany to trade in artifacts that do not have an export license from their country of origin. Restitutions are also to be made easier.

Videos from the Syrian city of Palmyra, the home of ancient ruins that was occupied until recently by Islamic State, along with images from plundered archeological digs in Iraq, Afghanistan and Mali, have shifted public perception of the problem. It has now become clear to many that the issue is not merely one that affects the countries involved. Rather, the global market in stolen antiquities threatens the cultural heritage of humanity as a whole.

Archeological art differs from more recent works of art on one decisive point: The expressiveness of an historical artifact can only fully be realized if it is known where and how it was found. Should that context be removed by way of illegal excavation, the object becomes little more than decoration. Such pieces may be nice to look at, but they have very little historical value.

The illegal trade in antiquities is almost as lucrative as the illegal trade in drugs and arms, and almost as clandestine. It is currently a booming business in the war zones of the Middle East and North Africa, but almost nothing is known about the key figures involved. And even if they are identified, they don't talk.

But regardless of whether the illegal object comes from Syria, China or Costa Rica, the business is largely the same everywhere. A Central America veteran like Leonardo Patterson operates according to similar market laws as does a Turkish dealer who trades in cuneiform writing tablets from Iraq.

SPIEGEL spent recent months combing through German and Spanish court files and documents and interviewing investigators and art appraisers along with business partners, acquaintances and relatives of Patterson. We also sat down for several interviews with Patterson himself. The result is a detailed look into an astounding career. It clearly shows how Germany and other countries have thus far failed to block the trade in plundered cultural artifacts -- and why Patterson will likely be able to continue selling those objects that remain in his possession.

THE RISE

Patterson's golden age was in the 1990s. He lived at the time in Munich, where he was chauffeured around the city in a blue Rolls Royce. He even had his own polo team, including four players and 12 horses. "I was doing well at the time because I had good stuff," he says. "Good stuff" is Patterson's code for illegal objects.

Breathing heavily, he is sitting in front of his venison goulash in a restaurant in Munich's Arabellapark -- an amicable older man in a tie, blazer and jogging shoes. He is an easy man to underestimate, which is part of his secret to success. How can you not trust a man who talks quietly, stutters and has trouble finding his words? Having never learned German, Patterson speaks the mumbled Rastafari English of his Caribbean home.

In our first meeting, he was reserved, speaking vaguely of shamans, Mayan ghosts and toad poison. It was impossible to get a precise statement out of him. But on this winter day in Munich, he is transformed. His apparent naiveté from our first meeting has vanished completely and he speaks clearly for three-and-a-half hours.

For decades, Patterson's business worked as follows: His Mexican middlemen would travel to Munich on a regular basis. "They worked together with the illegal excavators," he says. "Their focus was on fresh goods, primarily because of the prices. They had to know where digging was currently going on. They always got it at the place where it was found. They knew the people in the villages."

The Mexicans knew the kinds of things that Patterson liked. They would send him photos from the excavation sites and he would choose the objects he wanted. "My people brought me the stuff to wherever I wanted it," he says. "If I was in China, they found a way to bring it there. If I was in Paris, then they brought the stuff to Paris."

Starting at the Bottom

So the Mexicans took care of the smuggling? "Yes," says Patterson, "they knew how to do it. That was how they made money. They have contacts, friends." Did they also pay bribes? "That's how they do it."

Patterson himself denies having been directly involved in smuggling. And what about the incident at the Frankfurt Airport in 2004 when, after receiving a tip, customs officials set their sights on an air freight delivery containing archeological artifacts from Mexico and simply waited until Patterson's daughter showed up? "Oh yeah," he says. "Frankfurt was an exception."

Patterson's climb to become one of the most successful dealers in Central American antiquities began at the very bottom. The son of poor Jamaican immigrants, he was born in Costa Rica in 1942. By the time he was 12, he was already working as a cook in his aunt's restaurant. Later, he was hired by a jeweler in the capital of San José. Occasionally, plunderers would come by to melt down gold. At some point, they dragged him along into the jungle to take a look at the old graves.

Patterson saw the business potential. "I wondered why I should be melting these old things down to make a terrible ring out of them," he says, and he found a dealer who would buy the original items for a higher price. It was the beginning of an astonishing career. He moved to Miami and, not long later, to New York.

There, he was taken under the wing of Everett Rassiga, the legendary gallery owner who once had an airstrip cut into the jungles of Campeche in southeastern Mexico to fly out a plundered Mayan fresco. Rassiga invited his new protégé to Mexico. "That's how I began trading in Mexican stuff," Patterson says. He started off by selling Rassiga's objects, but he soon had his own sources who would bring him fresh goods from the ancient burial plots of Central America.

A High Profile

In the 1970s, UNESCO passed a convention aimed at stopping the illegal trade of cultural artifacts, but many countries failed to immediately ratify the agreement. In the 1960s and '70s, hardly anyone in the rich countries where the collectors lived cared if huge numbers of archeological objects from illicit digs were making their way from the poor south to the prosperous north.

Patterson profited from this lawlessness and he knew how to impress his clients. He needed a high profile and, as a black man who hung out with the most exclusive gallery owners in the city, he was able to easily establish one. He would wear elegantly tailored three-piece suits when visiting the exclusive Studio 54 club in New York. And he had a former racecar driver repair his red Ferrari -- and left the workshop with an old Rolls Royce Phantom II.

Patterson had no gallery of his own, instead entertaining the rich and beautiful in the city's most expensive restaurants and showing them his pieces there. He sold some of them for a few thousand dollars, but asked millions for others. His competitors whispered that he also sold counterfeits, but Patterson responded by saying they were merely jealous of his excellent connections.

Yet counterfeits are everywhere on the antiquities market. Experts estimate that fully half of the objects on offer are fakes. There is simply no way for the illegal diggers to loot enough pieces fast enough to satisfy the demand. And despite his denials -- which he repeats to this very day -- Patterson gained a reputation for trading in counterfeits.

He moved to Los Angeles, and when he visited New York, he would stay at the luxurious St. Regis Hotel on Fifth Avenue. That's where he first met the surrealist painter Salvador Dalí. The eccentric Spaniard spent winters together with his wife Gala and ocelot Babou in room 1610, two floors above Patterson.

The artist Salvador Dalí with his ocelot Babou.

The artist Salvador Dalí with his ocelot Babou.

Foto: Library of Congress

Later, Patterson would tell people that he was friends with Dalí, and took a photographer with him to document his visit to the artist's house on the Costa Brava in Spain. It was a useful connection, helpful for demonstrating to people how excellent his contacts were. It was good for business.

Not of Pristine Provenance

Patterson's family life is not easy to reconstruct. He has 13 children, but he needs the help of his fingers to remember the number of different women they came from. Six, he says after a bit of counting. Wrong, his ex-wife contradicts, it was only five. Patterson married her a second time following a divorce.

During the summer, the richest New Yorkers head for their second homes in the Hamptons on Long Island, and Patterson used to travel along with them. In the mid-1970s, he met the artist Willem de Kooning there, who was fascinated with Patterson's pieces of pre-Columbian art. De Kooning even traded some of his own works for Mayan figurines and other Central American objects. He wasn't bothered by the fact that his studio had become home to stolen artifacts.

In the 1990s, Patterson's Costa Rican friends managed to get him a diplomatic passport from the Central American country. He was forced to give it back later, but he arranged for new diplomatic passports for himself and his family in Geneva. It has long been known that antiquities have in the past been smuggled out of their countries of origin in the luggage of diplomats. In 1997, the FBI found the Panamanian general consul with ancient gold decorations from Peru in his trunk.

Patterson denies ever having abused his diplomatic passport. "I never took advantage of my diplomat status for my art business," he says. "Nor did I use it to transport art."

In May 1987, Patterson moved to Munich with his family, and it didn't take him long to get to know everybody in the city who might be important for his business, including Bavarian royalty, gallery owners and rich collectors. They all suspected that Patterson's pieces were not of pristine provenance, but they preferred to remain silent.

In the early 1990s, he was asked to exhibit his pre-Columbian art at the Vatican pavilion during the 1992 Expo in Seville. Pope John Paul II received him in thanks.

THE FALL

In 1983, the US ratified the UNESCO convention on the protection of cultural artifacts -- and one year later the problems began. The FBI accused Patterson of having tried to sell a fake Mayan fresco to an art dealer in Boston and he was handed a suspended sentence.

Just one year later, he was arrested at the Houston airport because he had brought in turtle eggs from Mexico ("You eat them raw with a bit of lime and ketchup"). A court in Dallas sentenced him to three months in prison for violating his probation. He was released just four weeks later, however, after his son died in an automobile accident on Long Island.

In 1997, Patterson organized a large exhibition in Santiago de Compostela, Spain. The show was sponsored by the regional government of Galicia and the opening was attended by the two Central American Nobel Peace Prize laureates Rigoberta Menchú and Óscar Arias, the two-time president of Costa Rica.

Other collectors also participated in the exhibition. "I got all my stuff from my Mexicans," says Patterson. In other words, the artifacts were all illegal and were to be white-washed with the help of the show. The mayor, he says, was extremely interested in buying the entire collection for a new museum.

But the deal fell through when two prominent archeologists from the US warned the Galician regional government that many of the pieces were fakes. Patterson sued the pair for slander, demanding damages of $63 million, but later withdrew the complaint.

Dodging the Law

With Santiago having backed away from the sale, Patterson found himself short of cash and the exhibition was put into storage. Ten years later, in 2007, parts of the collection were seized by Peru. Patterson sold his Monte Carlo apartment to pay the storage fees in Santiago and then quickly moved the collection to Munich in March 2008 to escape the reach of the Spanish authorities. Spain, though, responded by turning to Interpol and launching an international search for the vanished objects. The collection was seized by Munich prosecutors in April.

In December 2012, a criminal court in Santiago de Compostela put Patterson on trial for violating export regulations relating to cultural artifacts when he moved his collection to Munich. But the defendant wasn't present at the trial: A German doctor had issued him a certificate of poor health saying that he was unable to travel.

That, however, didn't stop him from heading for Costa Rica just three months later. Peruvian authorities, however, filed for an international warrant for Patterson's arrest and he was detained in the Madrid airport on his return trip and incarcerated pending extradition. He was released for health reasons 10 months later, but was ordered to remain in Spain. Patterson, though, immediately left for Germany.

At the end of 2014, Patterson was arrested in Munich for selling a 10 percent share of an allegedly fake Olmec head (the Olmec were an ancient civilization in Mexico) to a businessman from nearby Starnberg for €85,000. He was released on bail, but one year later was handed a suspended sentence of a year and three months by a Munich court for fraud. Patterson appealed.

ESCAPE

When Patterson's collection was seized by the Bavarian authorities in April 2008, it initially looked like a significant coup. A year earlier, Germany had finally ratified the 1970 UNESCO convention and the Patterson collection seemed the perfect test case.

Mexico, Guatemala, Peru, Colombia, Ecuador and Costa Rica all demanded the return of the objects to their original country of origin. Their argument was that they all had laws forbidding the export of ancient artifacts and the six countries filed a complaint with the Munich court.

For months, the six plaintiffs tried to get permission for their experts to inspect Patterson's collection, but the Munich authorities refused, demanding the payment of guarantees and insurance fees. Furthermore, flying in experts would have been expensive, which led most of the countries to give up.

Ultimately, Mexico was the only country to send experts, and in March 2010, Mexican archeologists examined the collection. The result was sobering: Around a third of the Mexican objects in the collection were fakes.

One month later, the Munich court rejected the complaints filed by the six countries and the ruling was upheld a short time later by a higher court. The courts argued that the law pertaining to the return of cultural objects did not apply in this case because the source countries did not maintain publicly accessible registers in which the objects were listed.

Mexico filed civil litigation and had 691 Mexican objects seized, though the Bavarian state court in Munich lifted the seizure four years later for all of the objects except for two wooden figurines. Another civil court in Munich later awarded them to Mexico, but the case is still pending. All of the remaining objects were handed back to Patterson -- the worst possible outcome for the first test of the 2007 law.

'From a Grave'

The Patterson case is far from an exception. In a report compiled for the federal parliament in 2013, the German government drew a scathing conclusion on the effectivity of the law. The report noted that not a single object had been returned on the basis of the regulation.

The new draft law presented by Culture Commissioner Grütters is supposed to make the return of such objects simpler, primarily by requiring that the owners of the artifacts present an export permit -- which they will be unable to do since virtually every country in the world has laws against exporting ancient heritage. That's the good news.

The bad news, though, is that the law is only to apply to objects that have been brought into Germany since 2007. All others will essentially be legalized in one fell swoop. For dubious dealers such as Patterson, who has been in the business for decades, the new law represents an enormous gift. He will hardly be affected by the new law at all given that he has plenty of older objects he can still sell.

Patterson sees himself as having been unjustly persecuted. "The stuff," he says in mock innocence, "comes from a grave. Nobody put them in there and demanded a receipt. And now they have been dug up by chance."

The reality is that he spent half a century helping to destroy the cultural heritage of his Central American home. The fact that Patterson will never be forced to pay a price for doing so is the true scandal.

Still, he was at least forced to sell the Rolls Royce and his polo horses. He sometimes now even rides the subway. All the men who supplied him with stolen artifacts over the decades have since died and their sons have proven incapable of following in their fathers' footsteps. They no longer know where to find the high-quality artifacts. After five decades of plundering, the springs have run dry.

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