http://www.nytimes.com/2002/06/12/arts/antiquities-dealer-is-sentenced-to-prison.

html Arts Antiquities Dealer Is Sentenced To Prison By CELESTINE BOHLEN Published: June 12, 2002 In a case that has been closely watched by the art world, a prominent Manhattan antiquities dealer was sentenced yesterday to 33 months in federal prison and fined $50,000 for his role in a conspiracy to sell antiquities stolen from Egypt. Frederick Schultz, 48, a New York gallery owner and former president of National Association of Dealers in Ancient, Oriental and Primitive Art, will be allowed to remain free pending his appeal. In a stern statement, Judge Jed S. Rakoff of Federal District Court in Manhattan rejected the defense's arguments that Mr. Schultz was unaware of the legal risks and called him ''an ordinary thief in every conventional sense of that word.'' The stiff sentence, coming after Mr. Schultz's conviction on Feb. 12, is seen as a sign of the federal government's determination to crack down on the trade in ancient objects that have been illegally taken out of their countries of origin. In the last decades a number of countries rich in archaeological treasures, including Egypt, have banned the export of antiquities. The Schultz case established that Americans who deal in those illegal exports may be found guilty of trafficking in stolen property.

As part of the sentence, Judge Rakoff ordered Mr. Schultz to return to the government of Egypt an Old Kingdom bas relief depicting a family with geese, now in the custody of the F.B.I. According to testimony at the trial, the relief had been illegally acquired from corrupt members of Egypt's antiquities police and was offered for sale by Mr. Schultz for $60,000. ''The Arab Republic of Egypt has been gratified by this prosecution because they believe that this is very important to their worldwide efforts to deter the theft of Egypt's patrimony,'' said Lawrence M. Kaye, a lawyer for the Egyptian government. Buyers and sellers in New York and London, the centers of the world antiquities market, have been paying greater attention to issues of provenance since the trial began. ''Throughout the world, all people who would consider getting involved in the acquisition of antiquities will have have to think much more carefully since the possible consequences have been spelled out in this case,'' said Mr. Kaye, who has also represented Turkey and other foreign governments in civil cases involving stolen antiquities. In reviewing the statements filed on Mr. Schultz's behalf by his wife, members of his family and friends, Judge Rakoff said he was convinced that Mr. Schultz had ''very strong familial and personal values.'' A number of people -- including Paul Volcker, the former chairman of the Federal Reserve

Board, where Mr. Schultz's father had worked -- had written of Mr. Schultz's generosity, loyalty and also of his navt. The defense also offered evidence that Mr. Schultz, a graduate of Princeton University, had erroneously told a 1996 meeting of the American Association of Appraisers that the United States does not recognize patrimony laws of foreign countries, ''just as we do not recognize their civil code such as divorce laws, nor foreign exchange restrictions, nor other export restrictions.'' But these arguments did not persuade Judge Rakoff. ''The court,'' he said, ''was convinced by the evidence in the trial that the defendant knew he was stealing, in every sense of the word, those objects, and I say that with regret.'' The defense lawyers had also argued that the value of the antiquities cited in the case was less than $70,000, a sum that would have lowered the seriousness of Mr. Schultz's offense and would have made him eligible for probation. Judge Rakoff stuck with the higher valuation -- more than $1.5 million -- offered by the federal prosecutors, which carries a minimum sentence of 33 months. Mr. Schultz sat quietly through proceedings yesterday morning and later comforted crying family members and friends. David Spears, his lawyer, refused to comment on the sentence, saying an appeal would be filed. In its presentencing report, the probation department suggested that Mr. Schultz be sentenced to the the maximum term of 41 months and be fined $570,434 because he had failed to show remorse for his actions. During the trial last winter, held before Judge Rakoff, Mr. Schultz argued that he had been duped by a British antiquities dealer, Jonathan Tokeley-Parry, who had sold him items that he said came from an old family collection. But Mr. Tokeley-Parry, who was convicted in Britain in 1997 on charges of handling stolen property, testified in court that Mr. Schultz had actually helped concoct the story of the old family collection and had assisted in the manufacture of false labels that obscured the origins of objects that had been recently smuggled out of Egypt. Home Times topics Member Center Copyright 2013 The New York Times Company Privacy Policy Help Contact Us Work for Us Site Map Index by Keyword