10 Questions with Christopher Marinello

Beginning today, I’m introducing a new interview series: “10 Questions with…” In coming weeks, you’ll hear from a wide variety of people whose work has touched the fields of art and security.

To launch the series, I could think of no better person than Christopher Marinello. In the world of art recovery, he stands at the top of the mountain. His career has included the restitution of Nazi looted art; representing countless victims of art crime; and pioneering the recovery of precious items like luxury watches and classic cars. Christopher is based in Venice and London. You can read more about the firm here and follow him on Twitter/X here.

1. How and when did you get into the field of art recovery?

My very first case as a lawyer (in 1988!) was representing an art gallery on the ground floor of 70 Pine Street in downtown Manhattan. The gallery was being sued by dealers, artists, and other creditors. I fashioned a settlement agreement that made everyone reasonably happy. Of course there was no money left to pay for my services, so I accepted 8 or 9 works of art in lieu of payment. I had wanted to be an artist prior to attending law school but was encouraged to postpone my plans of being a starving artist. Thereafter, while litigation paid the bills, I sought out the occasional art case representing collectors, dealers, and artists with their art world problems. This led to recovering stolen artworks, Nazi looted artworks, and resolving complex art related title disputes. After a few years, I sold my litigation practice and now only deal with art related matters.

2. When you went to law school did you intend to concentrate on art loss and restitution?

In the late 80’s, there was no such thing at “Art Law” and very few art related programs in law schools. Even now, I advise young law students to focus on being able to draft contracts, ethics, mediation and conflict resolution. Most of what you learn in law school ends up being tossed aside when you realize that judges (especially in New York City) don’t always follow the law. In New York you had a lot of activist judges with their own socialist agenda. Often, their decisions were explained to me as thus: “Mr. Marinello, your analysis of the law is correct, however, I am going to rule this way and your client can appeal if they don’t like my decision”. Very few clients (especially in the art world) were willing to deal with the cost, time, and public nature of the appeals process. It became patently obvious to me that success as an art lawyer meant steering my clients away from litigation and avoiding clueless, extremist judges.

3. What would you say is the biggest challenge you face in your work?

Convincing the possessors of stolen property to do the right thing is an enormous challenge. It used to be that most, honest people wanted nothing to do with stolen property and were usually cooperative in returning it to the rightful owner. These days, and especially since Covid, everyone wants to be paid for being righteous. Demands for finder’s fees, compensation, etc. are coinciding with a decrease in morality. Possessors of stolen property often hide behind “good faith purchaser” laws in some civil law jurisdictions that permit stolen or looted artworks to be acquired by allegedly unknowing buyers. There is often no sympathy for the original theft victim no matter what they went through whether it was the Nazi Holocaust or a violent, life changing crime.

4. You’ve recovered a lot of stolen items. Which was most memorable?

Recovering the $30M Nazi-looted Henri Matisse from the Gurlitt Hoard was extremely challenging and required years of strategic maneuvering against a German Government that talks a big game about restitution but does everything they can to frustrate claimants. They tried to box me into doing things according to their vacuous German procedure, but I refused. It was very satisfying to recover this piece for the Holocaust victim’s heirs. Interestingly, I have another case in Germany involving a looted Degas for the same family but this time the German authorities have asked me to “do things the German way” which I had agreed to test out. That has resulted in a decade of non-action on their part.

5. How often do people ask you to do pro bono work?

With pro bono work, the more you do, the more you get...and I get a lot of requests.

I have a soft spot for artists who have limited resources but are often taken advantage of by galleries and dealers. All my work with antiquities for governments has been pro bono as has been my work for churches and religious institutions. It’s just the right thing to do. I can’t expect possessors of stolen property to do the right thing if I won’t do the same to help a helpless and assetless victim.

6. Are there any law enforcement agencies that you think are particularly committed to stemming art crime?

The Italian Carabinieri are unparalleled in the sheer numbers and resources they have dedicated to solving art crimes including their powerful stolen art database. However, the bureaucracy and snail’s pace of the judicial system here is enough to drive you nuts. There’s nothing like an enthusiastic American FBI or police officer willing to get involved and have them tell you what they CAN do to help a theft victim rather than recite a list of things they CAN’T or WON’T do to help.

7. What is the most difficult part of your work?

Dealing with law enforcement and bureaucratic governments. We work very closely with police agencies all over the world who have seen their ranks depleted and funding curtailed. We often need the police to confirm the details of the theft and provide the necessary back up if we don’t get the cooperation we require from the “possessor”. We are often faced with officers who feel that art world victims are not the same as other victims of crime. Cases are closed with little or no investigation and some cops are outright lazy. If we are able to get the police involved, they often take years to conclude a case that could be resolved in a matter of weeks or months. I often say that we can do things that the police can’t do and vice versa. It’s a careful balance act where we want the police to be involved but only to a limited extent. A private and public collaboration is usually the best way forward. The police get the criminals and we get the artwork back for the theft victim.

8. Tell me how you got into watch recovery.

Watches are no different than fine art or classic cars. About a decade ago, we started to see a dramatic increase in watch thefts which coincided with the exponential increase in value of complicated timepieces. Criminals found them easy to steal, easy to hide, and easy to transport. The proliferation of social media “flexing” also provided criminals with a map to potential targets. Fortunately, stolen timepieces have a unique serial and movement number (which many dealers hide on their websites) which makes them easily identifiable. We have close relationships with some manufacturers and a team looking for high end stolen timepieces. Eventually, these six-figure stolen watches will be offered for sale or brought in for service and then we can pounce.

9. What sorts of cases are your most common?

Sadly, we get a lot of fraud cases but at the “hopeless” stage when the victim has already lost everything and the criminals have made off with the property. I tell people all the time that they need to slow down in their art deals and do proper due diligence not only on the item they are buying but on the people they are dealing with as well. I want to see more written contracts and the use of escrow to avoid many of these fraud cases where the criminals tend to have the upper hand.

10. Who is your favorite artist?

While I very much enjoy clever contemporary art, I am partial to the Old Masters. I love studying the detail of a good Canaletto or Marieschi and finding buildings that are still standing today. I also like to get lost in the insanity of a Hieronymus Bosch picture wondering what was going inside the artist’s head to come up with his astonishingly bizarre figures.