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Posted

...but won’t serve time because Spain

Can I Haz Art?

A Spanish billionaire art collector has been sentenced to 18 months in jail and fined $58m (£44m) for trying to smuggle a Picasso abroad to sell at auction.

The painter's work Head of a Young Woman, declared a national treasure, was seized from Jaime Botín's yacht in Corsica, France, in 2015.

Botín, 83, is the grandson of the founder of Santander bank and was its vice president until 2004.

He was forced to forfeit the work. He may appeal against his sentence.

However, he is unlikely to spend time behind bars as first-time offenders for non-violent crimes in Spain are often spared prison if they receive sentences of less than two years.

Prosecutors said Botín planned to sell the Picasso at auction in London.

Any piece of art more than 100 years old and deemed culturally significant enough is registered as a national treasure, meaning owners must request permission before taking it outside of the country.

Botín, who bought the painting in 1977 in London, had already been denied a permit.

He argued that he had the right to take it to Geneva for safekeeping, while his lawyers said that the state could not lay claim to the painting as it had only been in Spanish territory for six months since its purchase.

But Botín was found guilty of "smuggling cultural goods" for removing the painting "from national territory without a permit".

The 1906 piece - worth an estimated €26m ($29m; £22m) - is one of the few painted by Picasso during his Gosol period, a precursor to Cubism.

The artwork is now property of the state and has been given to the Reina Sofia art museum in Madrid.

Posted
1 minute ago, idigTexas said:

Where does the "thief" part come in to play?

The part where he tried to move it without permission. Also, he was going to sell it which he can’t do without permission. It’s like living in a historical house, you never truly own it it more the status of being it’s guardian. 

Posted
7 minutes ago, Doc Reeves said:

The part where he tried to move it without permission. Also, he was going to sell it which he can’t do without permission. It’s like living in a historical house, you never truly own it it more the status of being it’s guardian. 

Did the UK give him permission to move it from London to Spain in the first place? Or is it that they don't have ridiculous laws like this?

Posted
4 minutes ago, Huckleberry said:

Did the UK give him permission to move it from London to Spain in the first place? Or is it that they don't have ridiculous laws like this?

He bought it before it was designated a “national Treasure of Spain” ridiculously increasingly its value 

Posted
5 minutes ago, Doc Reeves said:

He bought it before it was designated a “national Treasure of Spain” ridiculously increasingly its value 

It has no monetary value if you can’t sell it.

  • Like 1
Posted (edited)
29 minutes ago, conVINCEd said:

It has no monetary value if you can’t sell it.

It’s an asset you can borrow against. The fact it’s a “National treasure” guarantees it’s value 

Edited by Doc Reeves
Posted
11 minutes ago, HouTex said:

Guess they don’t have something like the 5th amendment.

I take it you’ve never had the pleasure of having one of your properties designated “historical”

Posted

Maybe this wasn’t the right story for here but he was arrested while I was in Europe and it was a really fascinating story. 
 

this guy is sort of a Mr. Burns character who is into art and buys this famous painting. He then works behind the scene to get it designed a “national treasure”, borrows against it then plans to secretly sell it to someone from SA, India or China who will keep it in secret for a huge payoff, then claim it was destroyed somehow and claim the insurance. The gov got wind of this and pounced on him. 

I thought it was a cool idea for a book, someone stealing his own painting. 

  • Like 1
Posted
I take it you’ve never had the pleasure of having one of your properties designated “historical”

Nope. But the Penn Central case provides at least some degree of protection when property is labeled as historical. If the US copied the Spanish law for artwork located in the US and owned by US citizens I would think you’d have decent claim that a taking has occurred.
Posted (edited)
1 hour ago, Huckleberry said:

Did the UK give him permission to move it from London to Spain in the first place? Or is it that they don't have ridiculous laws like this?

while, as an american who prizes property rights very highly, it seems clear to me that this guy knew exactly what he was doing to violate a law that he knew existed.

Edited by hayden_horn
  • Like 1
Posted (edited)
20 minutes ago, hayden_horn said:

while, as an american who prizes property rights very highly, it seems clear to me that this guy knew exactly what he was doing to violate a law that he knew existed.

I don't think there's anything wrong with that. I mean his intent was to get away with it, but knowingly breaking an unjust law bothers me exactly zero. To be heroic you have to do it knowing you'll be caught (i.e., civil disobedience) but it still doesn't bother me.

Edited by Huckleberry
Posted
20 minutes ago, SuingToGetAMessageBoard? said:

the fact that it's a picasso guarantees its value.

It was valuable anyway, however from what I understand the designation as a national treasure not only increased its value but also allowed for some subsidized insurance which would pay an incredible claim which is the real angle I believe 

Posted
It’s an asset you can borrow against. The fact it’s a “National treasure” guarantees it’s value 


How is it an asset if you can never sell it?
Posted
Rene>Faye. Rene’s tits belong in the underrated rack thread.

Erroneous sir!! That naked chick in The Thomas Crown Affair was an obvious body double. Now, I’m not trying to discount Rene’s hotness, but you need to back the fuck off of Faye.
  • Like 1
Posted
It has no monetary value if you can’t sell it.


That’s how I first interpreted it, but I don’t think that’s correct. The “crime” was taking it out of the country to sell it. Presumably, he could still sell it in Spain
Posted (edited)

 

9 hours ago, StruggleBus said:

How do you fail at smuggling a fucking painting? This dude must have been born into money

they had been watching him for over 3 years. When they busted him, his list of bullshit excuses was pretty impressive and he actually offered to forfeit the painting to the state in place of prison time. 

to me this is a lot like the Martha Stewart case here in term of how egregious and stupid he was about committing this crime. 

Pic of the yacht they confiscated it on:

 

spacer.png

Edited by Doc Reeves
  • Like 1
Posted

Erroneous sir!! That naked chick in The Thomas Crown Affair was an obvious body double. Now, I’m not trying to discount Rene’s hotness, but you need to back the fuck off of Faye.

400e1ad0e55ced86ab6433e48d4b0ef1.jpg
Didn’t say Faye was a slouch. I couldn’t find the side-boob shot of Russo with the towel around her neck (which wasn’t a body double) but here’s a wardrobe shot from the movie.
  • Like 1
Posted
20 hours ago, Huckleberry said:

So he bought a painting in London. He owns the painting. And now he's arrested, convicted, and sentenced for trying to take the painting somewhere without the government's permission.

Yeah, I'm gonna have to side with the rich dude here.

Agree. He'd had the painting in Spain for only 6 months, and now the law says it can't leave. I will guess the law has a good aim having to do with keeping iconic art in Spain. Applied like this, it's a ridiculous assault on private property.

As much as liked seeing the Parthenon sculptures at the British Museum, I think Greece has a case for the return of the Elgin collection there. It was state art. The fabulous red figure vases from the same era were private items and end up wherever they end up due to commerce.

I'm sure the World Court will want to get me on the phone for my legal opinion, but there it is. The rich guy is indeed the more sympathetic party even though he broke an absurd law.

  • Like 2
Posted
56 minutes ago, SquishMitten said:

 


That’s how I first interpreted it, but I don’t think that’s correct. The “crime” was taking it out of the country to sell it. Presumably, he could still sell it in Spain

 

My bad then.  It’s still absurd.  This is a 20th century artist who produced a large amount of work.  It’s not like these paintings are ancient relics that document the history of the country and are irreplaceable.  I dare say if I wanted a Picasso bad enough I could probably have one hanging on my wall by tomorrow.  If Spain has a massive hard-on for Picasso’s, they are more than welcome to go to Sotheby’s and bid on them like everyone else.  

Posted
On 1/16/2020 at 2:04 PM, Doc Reeves said:

Maybe this wasn’t the right story for here but he was arrested while I was in Europe and it was a really fascinating story. 
 

this guy is sort of a Mr. Burns character who is into art and buys this famous painting. He then works behind the scene to get it designed a “national treasure”, borrows against it then plans to secretly sell it to someone from SA, India or China who will keep it in secret for a huge payoff, then claim it was destroyed somehow and claim the insurance. The gov got wind of this and pounced on him. 

I thought it was a cool idea for a book, someone stealing his own painting. 

Stories of him trying to game system and ensuing drama would be fascinating 

Posted
59 minutes ago, Poolflood said:

Stories of him trying to game system and ensuing drama would be fascinating 

I’ve been trying to find stuff from when it happened, I remember a few articles with some salacious accusations but just can’t find them now. I’m thinking he may have payed off mags or google to remove stories with fun details. 

Posted
11 hours ago, HouTex said:


400e1ad0e55ced86ab6433e48d4b0ef1.jpg
Didn’t say Faye was a slouch. I couldn’t find the side-boob shot of Russo with the towel around her neck (which wasn’t a body double) but here’s a wardrobe shot from the movie.

Think that's Dennis Leary in a wig, could be wrong. 

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