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Brescia: Carabinieri TPC seize “due to disproportion” works of art worth over 1.600.000 euros

Major seizure of works of art carried out by the Carabinieri for the Protection of Cultural Heritage.

Brescia: Carabinieri TPC seize “due to disproportion” works of art worth over 1.600.000 euros

In recent months, the Carabinieri of the Cultural Heritage Protection Unit of Udine have carried out a preventive seizure order for receiving and laundering works of art issued by the GIP of the Court of Brescia against two suspects of the province. The operations involved 284 finds for a total of 578 art objects of which 26 are the result of various thefts that occurred over the years, as well as 5 Modern Artworks by Famous Masters Found to be Counterfeit. The preventive seizure was implemented on the basis of the assumption of the disproportion of the economic value they have in relation to the economic possibilities of the suspects, for an estimated value of approximately 1 million and 600 thousand Euros.

Brescia: Carabinieri TPC sequestrano "per sproporzione" opere d'arte per un valore di oltre 1.600.000 euro

In 2020 the military personnel of the TPC Nucleus of Udine have 17th century oil on copper painting found on the web, depicting Saint Catherine of Siena, put up for sale by a private user living in a town in the Brescia area. The image was immediately compared with those available in the “Database of Illegally Stolen Cultural Heritage“, for exclusive use by the TPC Command, returning a positive result in the same figure, in size and theme, of the painting Saint Catherine of Siena stolen in 2009 in the province of Perugia at the home of an antique dealer. The necessary investigations, however, allowed us to discover that the "ramino" put up for sale on the web had different characteristics from the stolen one but subsequent expertise allowed us to discern changes made with the aim of making it difficult to recognise the original work, thus also integrating the crime of art recycling.

Brescia: Carabinieri TPC sequestrano "per sproporzione" opere d'arte per un valore di oltre 1.600.000 euro

The search carried out subsequently at a 40 year old from Brescia he discovered a modest-sized dwelling, but very rich in works of art located inside it and in the appurtenances. Although the item sought was not present, as it had already been sold, the presence of such a large number of works of art aroused many suspicions, which is why investigations began on the paintings hanging on the walls, which appeared to be of considerable value and beauty. The house, which belonged to the parents, was in fact filled with works of art that the father had accumulated over the years, as he had been involved in the antiques trade all his life.

The search for the “ramino” ended with the execution of a search and seizure order at the home of a Modena citizen, not under investigation, who turned out to be the good faith buyer of the portrait of Saint Catherine of Siena. All the other works, including paintings that were located at the home of the 40-year-old, owned by his father, a merchant from the province of Brescia, were Check in TPC database in order to thoroughly investigate the possibility that there were other stolen items.

Brescia: Carabinieri TPC sequestrano "per sproporzione" opere d'arte per un valore di oltre 1.600.000 euro

Among those paintings, 23 were found to have been stolen between 1971 and 2009 to the detriment of private individuals, including noble residences, private homes and even a foundation of a Milanese bank. The subsequent work was based on the recognition of the works by those who suffered the thefts over the years, or by their respective heirs. The recognition was therefore followed by a formal restitution of individual works to their respective rights holders.

There remained an important aspect on which to develop the investigative activity, also in light of the new legislation for the protection of cultural heritage and the legal circulation of works of art. The two suspects, father and son, who were found to be in possession of dozens of works of art without having any document that established their legitimate provenance and traceability, had a standard of living and a source of income not compatible with the possession of so many valuable goods.

Brescia: Carabinieri TPC sequestrano "per sproporzione" opere d'arte per un valore di oltre 1.600.000 euro

This is the new frontier of special cases of confiscation provided for by the penal code which provides that even crimes committed against cultural assets such as receiving, laundering and use of criminal assets in economic activities, are included among those types of crime for which proceeding to b; when, due to the standard of living, the impossibility of demonstrating their lawful origin and the economic sources of sustenance, their possession by the accused is not justifiable. Even more so, if among the goods there are some of evident illicit origin (well 23).

Among these, we must also consider the 5 contemporary art paintings that have been declared counterfeit by the foundations responsible for protecting the artist's name, among which are a Michele Cascella, two Mario Sironi - one of which is of value, if it were authentic, between 400 and 700.000 € – and a Renato Guttuso. In these cases, however, the destination of the false works will be destruction, as provided for by the consolidated legislation.

Brescia: Carabinieri TPC sequestrano "per sproporzione" opere d'arte per un valore di oltre 1.600.000 euro

On the basis of what has emerged during the investigations, to which have been added the Asset checks and sources of income for the entire family which led to confirming the circumstantial evidence, the Public Prosecutor's Office of Brescia requested and obtained from the GIP of the Court the issuing of a preventive seizure order aimed at confiscation due to disproportion with respect to all assets present in the home and its appurtenances.

In the execution of the decree, a total of 127 paintings of ancient and modern art, 15 valuable worked frames, 4 candelabras, worked mirrors, 8 antique clocks, 3 holy water stoups, 19 marble statues, 16 sculptures of different materials and other objects including heraldic coats of arms, crockery and valuable furnishing components were seized which, appropriately packaged and catalogued, were sent to a place specifically designated for their custody. The checks on the new seized goods allowed us to trace 3 works of art – two paintings and a piece of antique furniture – stolen from private homes in Veneto and Piedmont between 1991 and 2000.

Brescia: Carabinieri TPC sequestrano "per sproporzione" opere d'arte per un valore di oltre 1.600.000 euro

The operations, meticulously carried out in the presence of a professional restorer, were accompanied by the expertise of an antique dealer appointed as an auxiliary of the judicial police who indicated their economic value in view of the subsequent procedural phases that will follow, establishing a total amount of over 1.600.000 euros.

The responsibilities of the defendants, which clearly will have to be ascertained during the trial, are based, precisely, on the simple possession of goods of considerable value for which they were unable to demonstrate the lawful provenance.

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