May 26, 2005
Sotheby's and fidel
Thieves working hand in hand.
I just received the following:
PRESS RELEASE....Local Family Demands Sotheby's Return Stolen Cuban Painting
A New York family demands justice from Sotheby's, which has already been targeted for "trading with the enemy" sanctions for prior dealings with Fidel Castro's Cuba.
In 1960, when Architect and Professor Manuel de la Torre protested Castro's suspension of academic freedom at the University of Havana, he was given 24 hours to leave Cuba or be arrested. He had to leave behind his country, his family, and his personal art collection, including a painting called "La Hamaca" (the Hammock), by Cuban Artist Mariano Rodriquez.
He left the paintings with his sister-in-law, from whom they were stolen in 1971 in a series of home invasions by the Cuban version of the Gestapo - the Communist Block Committees.
Imagine his shock four years ago, when he opened the 2001 Sotheby's Latin Art catalog and saw his painting up for auction - together with his own name listed in Sotheby's catalog - to enhance the "provenance" of his stolen painting.
De la Torre, a resident of Hicksville, Long Island, spent four years trying to get Sotheby's to return his property. On March 2nd of this year, de la Torre passed away, but his widow Sylvia and son Manny, Jr. have vowed to continue his quest and not rest until the painting is returned to the family.
When Sotheby's refused to return the painting in 2001 - and then arrogantly purchased the painting itself - for its "in-house" collection, de la Torre had no choice but to stop the auction, plead for its return and subsequently sue for the return of his painting.
Sotheby's then played every legal trick they could to exhaust an old man and continue to delay the return of his beloved painting.
First they filed a collusive third-party action to include Michael De Navasques, the son of the former Spanish Ambassador to Cuba - from the government of fascist dictator and Hitler ally General Francisco Franco - claiming that Sotheby's interest flows somehow from that bloody dictator's envoy.
Next, they wasted nine months trying to remove the case to Federal Court in Brooklyn. The Federal Judge rejected this outrage, and returned the case to the Nassau County Supreme Court. This action still served Sotheby's tactics of trying to outlast Mr. de la Torre, by causing delays and costing him money. In at least one way, Sotheby's succeeded by delaying: Mr. de la Torre died without ever reclaiming his painting.
The legal battle still continues as Sotheby's delays the inevitable.
"The artist Mariano Rodriguez was a friend of mine. He gave me, and I purchased, several of his paintings, which I had in my collection in Havana," said Mr. de la Torre. "Mariano was a guest at my wedding."
Under the Libertad Act, signed by President Clinton in 1996, the rights of U.S. citizens to reclaim property stolen by Castro's government is protected, and companies can be sanctioned for being accessories after the fact.
This is not the first detestable regime for whom Sotheby's has acted as a fence, selling stolen property. Until they were forced to change their ways, Sotheby's profited by selling artwork stolen by the Nazis from European Jews. The rightful owners were sent to death camps, but that didn't give Sotheby's reason to pause.
Under New York state law, "a thief cannot pass good title"( Menzel v. List, 49 Misc2d 300, 315 [NY Sup. 1966] quoting Salsbury v. McCoon, 3 NY 379, 383-384 [1850]).
Sotheby's has no receipts, certificates of import /export, nor claim or title to Mr. de la Torre's painting. For the last four years Sotheby's has just kept it away from de la Torre and his family, in a storeroom where no one can enjoy it, hoping for the opportunity to reap a profit by selling a painting stolen from its rightful owner by a communist goon squad.
"The conduct of Sotheby's in trying to take and then resell stolen property is disgraceful" said Grant Lally, attorney for Mr. de la Torre. "Sotheby's has no title, no claim, and no legal or moral leg to stand on."
Before he died, Mr. de la Torre said: "I am an old man and just want to enjoy my painting for my remaining years. It is part of my family legacy."
Sotheby's recently settled with the billionaire Fanjul family to return their stolen Cuban art. There is no difference in principle between them and the de la Torre family.
For further information contact Grant M. Lally, Esq. at (516) 741-2666, or Manny de la Torre, Jr. at (516) 250-0310
Posted by Val Prieto at May 26, 2005 04:07 PM
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Comments
Sotheby's: God-damned, degenerate GHOULS. I pray the de la Torre family prevails against these hyenas.
Posted by: Alberto Quiroga at May 26, 2005 04:21 PM
cagastrim = tropical nazism
Posted by: CB at May 26, 2005 04:23 PM
Oh my gosh! And you just know there was some corrupt exhibition deal in the bargain for fidel. I have covered the fine arts world as a journo and know just how disgusting things are.
Posted by: A.M. Mora y Leon at May 26, 2005 04:23 PM
There are actually a LOT of Wilfredo Lam's privately held works making the rounds in the international market.
Lam was a contemporary and protégé of Pablo Picasso and most of his early work was left in Cuba.
Posted by: KillCastro at May 26, 2005 05:50 PM
And has any member of the august national news media, many of those top names headquartered right there in that very city, paid ANY attention to this case?
Please speak up, New Yorkers!
I'd be very surprised if someone can prove to me that there has been some accurate and fair coverage of the situation of the rightful owners of this stolen property!
Remember the hullaballo that (correctly) took place when it was shown that the Nazis stole a lot of art and other valuable property from Jews during World War II?
Pretty much seems to be happening within Cuba today... the tyranosaurius castrus pushes his people out of the country, then he and his minions "liberate" their property, particularly valuable works of art.
The more things change...
Julio
Posted by: Julio C. Zangroniz at May 26, 2005 06:32 PM
More important is that the communist S.O.B.s (aka "hijos de la gran puta") are pilfering and squandering the Cuban patrimony world wide in order to finance the exportation of communists revolution. Financing with it misery for other human beings.
Posted by: cohetedude at May 27, 2005 12:49 AM
Thank you all for your support, as it turns out this is the 3rd. painting that we know of that Sotheby's has now sold at Auction....
This must stop for the sake of my dad's collections, but most of all for the sake of every Cuban and their families with similar stories to tell.
Please help the cause by writing e-mails and boycotting Sotheby's auctions...
Spread the word this is just like the Nazi/Jewish art....and all their art is being returned to their rightful owners.
Many of you have contacted me with silimar sitiations with Sotheby's.....It's time, to fight and bring attention to this matter in mass, do not be afraid any more.
Sotheby's is "Goliath" and my Mom and I are "David", but we are not afraid!!! We know the truth!! Truth will prevail!!!
We know what is right and what was taken from us, Our Country, our families, our belongings and our lives.
It is time to send them the message that we will unite and not go away!!
Thanks again to all of you!!
God is blessing you.
Manny
and on behalf of the de la Torre family.
Posted by: Manny at May 30, 2005 07:43 PM
My cousin is VP at Sotheby's and I know she would never allow something of this nature to occur. Your information is incorrect the truth is as follows;
Hi Enrique,
Yes, I know about this. The statement you sent is written by the de la Torre family and is not accurate. We've worked very hard to try to settle this issue. Pls see attached. You might want to forward our statement to your friend "babalu".
Saludos,
Maria
STATEMENT FROM SOTHEBY’S REGARDING “LA HAMACA”
May 23, 2005 – Since 2001, Sotheby’s has tried to resolve an ownership dispute over the painting “La Hamaca” by Mariano Rodríguez, which was left in Cuba when Mr. Manuel de la Torre fled over 40 years ago. The painting was subsequently acquired in Cuba in the early 1960s by a Spanish diplomat, Mr. Jesus Navascués, who then held the painting for over thirty years. In 1997, after the death of Mr. Navascués, his son offered the painting for sale through Sotheby’s. At that time, there was no way Sotheby’s could have known of any claim, given that the painting had never been reported as lost or stolen by Mr. de la Torre.
In 2001, the buyer who had acquired the painting in the 1997 auction reconsigned it to Sotheby’s for sale. When Mr. de la Torre saw his name included in the provenance in the sale catalogue, he made a claim to the painting. As a result of this claim, Sotheby’s withdrew it from sale, and rescinded the original 1997 auction. Mr. de la Torre then sued Sotheby’s for the return of the painting and Sotheby’s added Mr. Navascués to the lawsuit.
In 2004, a court denied Mr. de la Torre’s initial request that he be awarded title to the painting, because of the “relative uncertainty in the factual record…regarding the painting’s ownership history and in particular the key events which transpired during the period between (de la Torre’s) departure from Cuba, and Sotheby’s subsequent involvement with the painting in 1997 and later in 2001.”
Cases like these, which involve tragic circumstances, are extremely difficult as they typically pit innocent parties against each other. Sotheby’s is extremely sensitive to such issues, including those relating to Cuba. The Navascués family has steadfastly maintained that their father acquired the painting legally and in good faith. Given the conflicting positions of the Navascues and de la Torre families, Sotheby’s has made numerous and ongoing efforts to reach an equitable resolution of this matter among all parties. Unfortunately, our efforts have not been successful and the matter will now be resolved by the courts.
Guy Heinemann, attorney for the third-party defendant, Michael Navascués, stated: “Mr. Navascués’s father, Jesus Navascués Arroyo, was a respected diplomat of the Spanish Government for many years, and served as commercial attaché in Havana. He was also an amateur art collector. There is no question that Mr. Navascués’s father acquired “La Hamaca” lawfully and in good faith. At the end of the day, we fully expect the court to reject the outrageous insinuations made by the de la Torre family against Mr. Navascues’s father, who passed away many years ago.”
Posted by: Enrique de la Pezuela at June 3, 2005 08:35 AM
Enrique,
Your argument, and not to take anything away from your cousin, is moot. The simple fact that de la Torre had to leave Cuba without his belongings, ie his artwork, means that these works of art were, in fact, stolen from him by fidel castro's regime. Thus, the spanish family, whatever their intentions may have been, had basically purchased stolen property. Thus, the legal, rightful owners of the works in question are and remain the de la Torres.
val
Posted by: Val Prieto at June 3, 2005 08:56 AM


