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US Museums Return Schiele artworks to the heirs of Fritz Grünbaum

January 31, 2024

Fragment from (1912) EGON SCHIELE (1890-1918) Ich liebe Gegensätze

By Amanda Buonaiuto

In 1941, a successful and outspoken cabaret performer, Franz Friedrich “Fritz” Grünbaum, died in the Dachau concentration camp. He was 60 years old. In 2023, after years of legal battles, in a historic move, several U.S. museums have returned 9 artworks to the heirs of Fritz Grünbaum.

The saga of the Grünbaum art collection did not start in the 21st century, and it is made up of plenty of confusion, heartache, and exceptions. Events from 2023, as related to the Grünbaum art, have become a turning point while addressing historical injustices and fostering hope for a new era of Nazi-looted art restitutions.

The persecution and plundering of Fritz Grünbaum’s art collection

Fritz Grünbaum (1880-1941) was born in Brno into a family with Jewish heritage, and during his youth, he moved to Austria to study law at the University of Vienna. Instead of practicing law, though, he ultimately chose another language-centric career. In response to the rise in Nazism, and consequently antisemitism, Grünbaum became a cabaret artist that due to the increase of the nazism and consequently antisemitism, fearlessly criticized the Nazis and antisemitism in his performances.[1]

Over the course of his lifetime, influenced by his father, who was an art dealer, Grünbaum bought art and put together a private art collection, which included several artworks painted by Egon Schiele (1890-1918). This is significant because Schiele was an Austrian expressionist painter known for painting portraits with unfiltered sensuality, and the Nazis eventually classified his art as “degenerate.”[2]

To confiscate and force the sales of such “degenerate art,” the Nazis used two legal statutes, the Gesetz über die Beschlagnahme von Erzeugnissen der entarteten Kunst, or the Law on the Confiscation of Degenerate Art (1938)[3] and the Verordnung über die Verwertung jüdischen Eigentums, or the Decree for the Reporting of Jewish-Owned Property (1938).[4] These two laws were the Nazis’ main methods of appropriating the largest amount of confiscated artworks in the world to date, including Grünbaum’s art collection.

In the same year that these laws were enacted, Grünbaum and his wife, Elisabeth Herzl (1895-1942), attempted to escape Nazi persecution by fleeing to the Czech Republic. Two years later, Grünbaum was sent to the Dachau concentration camp, where the Nazis forced him to execute a power of attorney to his wife, enabling her to complete Jewish Property Declarations on his behalf. This then resulted in the confiscation of his entire art collection, which was subsequently parceled off and sold to benefit the Nazi Party. Elisabeth’s attempts to have her husband released were ineffective, and immediately after his death, she tried to flee again but did not succeed. She ultimately passed away in the Maly Trostinets concentration camp.[5]

Grünbaum’s heirs had fought for years for the return of the looted artworks

For years, Grünbaum’s heirs have been engaged in a protracted struggle for the return of looted artworks, a battle marked by numerous legal conflicts. In the meantime, laws in the United States changed and the Holocaust Expropriated Recovery Act (HEAR Act)[6] was adopted to assist claimants with their restitution efforts. This prolonged effort underscores the complexities and difficulties individuals seeking to reclaim their stolen heritage faced, highlighting the intricate challenges inherent in the pursuit of justice for cultural restitution.

In 1999, the heirs of Grünbaum identified the painting Tote Stadt III / Dead City III (1911) by Schiele, a component of Grünbaum’s art collection, on display at the Museum of Modern Art (MoMA), which was on loan from the Leopold Museum Private Foundation. An attempt was made to seize this artwork, alleging that it had been stolen by the Nazis. However, the MoMA contested the seizure, invoking the New York Arts and Cultural Affairs Law (NYACAL),[7] which exempts works of fine art from seizure while on display in a museum. Unfortunately, the efforts of the New York District Attorney’s office to confiscate “Dead City III” were thwarted and resulted in the confiscated artwork being allowed to be exported out of the United States to Austria. Therefore, the restitution efforts to the Grünbaum heirs were not successful. 

The first legal dispute the Grünbaum’s heirs faced involved the drawing Sitzende Frau mit angezogenem linken bein (torso) / Seated Woman with Bent Left Leg (Torso) (1917).[8] In the 1960s, a North-American sculptor acquired this art piece for his private art collection, and in 2004, he consigned it to Sotheby’s for sale. The artwork was later auctioned. However, the purchase was halted after the heirs contested the title of the drawing.[10] The possessor of the artwork filed a lawsuit to clarify the title in the federal court in New York. The District Court maintained the title and ownership in the possessor’s favor, resulting in no restitution for the Grünbaum’s heirs.[11]

Finally in 2018, the Grünbaum heirs achieved a favorable outcome.[12] As a result of a verdict in the New York Supreme Court, two Schiele paintings, which were in the possession of the English art dealer Richard Nagy, were returned to the Grünbaum heirs: Frau mit schwarzer Schürze / Woman in a Black Pinafore (1911) and Frau das Gesicht verbergend / Woman Hiding Her Face (1912).

The court’s decision in Reif v. Nagy was the first to lean heavily on the legislative intent of the HEAR Act, recognising that the Nazis confiscated hundreds of thousands of artworks from Jews and many of them were never returned to their rightful owners. Notably, this includes the art collection of Fritz Grünbaum, which he did not voluntarily surrender; rather, it was forcibly seized by the Nazis.[13]

U.S. Museums voluntary restitutions

In 2022, with evidence suggesting that seven Schiele art pieces belonging to Fritz Grünbaum had been trafficked through New York, legal civil suits were initiated in the New York Supreme Court. The heirs of Fritz Grünbaum presented compelling evidence, indicating that the artworks in question were acquired through theft. It was emphasized that these should not have been commercialized prior to verifying their provenance to ensure the legitimacy of their acquisitions.

In the lawsuit against the MoMA, it was alleged that the institution lacked records pertaining to the acquisition of the artworks before 1956. On the other hand, in the claim against the Santa Barbara Museum, it was similarly asserted that provenance research had not been conducted with the necessary diligence. In response to these claims, the institutions countered by asserting that the artwork in question had been received as a gift from a private donor. Consequently, the museums argued that they were not aware of the historical record of the drawing before its inclusion in the collection, thereby increasing the accusations leveled against them.

In addition, the Morgan Library & Museum and the two private collections that were prosecuted (owned by Ronald Lauder and the Sabarsky Trust) remained silent.[14] They did not publicly expose which specific allegations were made against them.[15]

In light of these allegations, in an innovative approach, all of these institutions acknowledged that the art pieces were, indeed, looted and opted to voluntarily return them.[16] This scenario led to the dismissal of the legal claims.

During a special ceremony in September 2023, the Grünbaum’s heirs took possession of the seven Schiele’s paintings and drawings. Later, they decided to sell the works, earmarking half of the funds generated from the sales for the Grünbaum Fischer Foundation.[17]

While the painting Schuhe anziehendes Mädchen / Girl Putting on Shoe (1910), returned by the MoMA, was privately sold to a philanthropist with a background in Holocaust issues, all other six paintings were sold at the auction house Christie’s.[18]

On 9th November 2023, during the 20th Century Evening Sale, several restituted works were sold for a total value of $16.5 million dollars, including: Stehende Frau (Dirne) / Prostitute (1912), restituted from the MoMA, Selbstbildnis / Self-Portrait (1910), returned by the Morgan Library & Museum, and Liebe Gegensätze / I Love Antithesis (1912), surrendered by the Ronald Lauder private collection.[19]

Two days later, being part of the Sale Impressionist and Modern Works on Paper, the following artworks were sold for $3.2 million dollars: Bildnis Edith Schiele / Portrait of the Artist’s Wife, Edith (1915), handed back by the Santa Barbara Museum of Art (SBMA), Knabenbildnis / Portrait of a Boy (Herbert Reiner) (1910) and Sitzende Frau / Seated Woman (1911), both restituted from the Sabarsky Trust.[20]

Possibly the beginning of a new era of voluntary Nazi looted art restitutions

It can be stated that these voluntary restitutions truly represent a significant encouragement for future restitution cases related to the Grünbaum family. Their effects are already noticeable, as two more museums, Allen Memorial Art Museum and the Carnegie Museum of Art, have voluntarily decided to return two Schiele paintings,[21] Mädchen mit schwarzem Haar / Girl with Black Hair (1911) and Männliches Bildnis / Portrait of a Man (1917), respectively, after being notified by The Manhattan District Attorney’s Antiquities Trafficking Unit.

In a recent news release for the Jewish Telegraphic Agency,[22] the Manhattan District Attorney, Alvin Bragg, highlighted those two successful voluntary restitutions. Bragg further expressed his satisfaction with the work he and his team had undertaken, stating how pleased he was to support the Grünbaum family in the process of restoring their cherished works of art:

“The evidence makes clear the two drawings were stolen by the Nazis and subsequently transported into Manhattan, before landing in these museums. We are proud to have now returned nine Egon Schiele drawings to Mr. Grünbaum’s relatives and continue to reflect on his indelible legacy.”[23]

In conclusion, the restitution journey of Fritz Grünbaum’s looted art collection stands as a testament to the enduring quest for justice in the face of historical injustices. From Grünbaum’s brave resistance against the Nazis as a cabaret artist to the confiscation and dispersal of his collection under the Nazi oppressive regime, the narrative is one of tragedy, resilience, and, finally, some triumph. After several legal battles and complex disputes, the recent voluntary restitutions by several U.S. museums mark a positive shift in addressing the Nazi-looted nature of artworks and the willingness to return them to their rightful owners. The efforts of Grünbaum’s heirs, marked by both setbacks and victories, have not only resulted in the return of nine Egon Schiele drawings but have also set a precedent for future restitution cases. May this be just the beginning of a new era of voluntary Nazi-looted art restitutions.

Suggested readings

About the author

Amanda Buonaiuto (Center for Art Law Legal Fellow Spring 2024) is a Brazilian lawyer who specialized in the restitution of Nazi-looted art during her L.L.M at the University of Bonn. Amanda’s academic journey together with a global perspective shaped by her international background provided her with a significant understanding of the legal complexities within the Art Law field.

Sources:

  1. Who was Fritz Grünbaum?, Cᴏʟʟᴇᴄᴛɪᴏɴ Gʀᴜ̈ɴʙᴀᴜᴍ, https://www.collectiongruenbaum.com/who-was-fritz-grunbaum/ (last accessed Jan. 24, 2024). ↑
  2. The Aryan ideal of art was composed by conventional themes such as landscapes in a symmetrical, realistic and natural way. Anything that did not fit this classical form was considered “degenerate art.” SeeAmanda Buonaiuto, Methode Bedarf und Chancen eines Restatement of Restitution Rules for Nazi-confiscated Art, LL.M. Mᴀsᴛᴇʀᴀʀʙᴇɪᴛ ᴀᴛ ᴛʜᴇ Uɴɪᴠᴇʀsɪᴛʏ ᴏғ Bᴏɴɴ (July 9, 2023), https://drive.google.com/file/d/1vQ5QWKAU5A8sfJIZWVU4fHRpep251j5r/view?usp=drive_link. ↑
  3. This law stipulated that all modern works of art in museums or private collections were to be expropriated by the Nazi state without compensation. See Amanda Buonaiuto, Restitution von Nazi-Raubkunst – Der Fall Max Stern, LL.M. Sᴇᴍɪɴᴀʀᴀʀʙᴇɪᴛ ᴀᴛ ᴛʜᴇ Uɴɪᴠᴇʀsɪᴛʏ ᴏғ Bᴏɴɴ (Apr. 19, 2022), https://drive.google.com/file/d/1y3Cf8YDnYC5a6tp8t6dDeHq0_XL5qM8T/view?usp=drive_link. ↑
  4. This legislation imposed that Jews should dispose of their real property, sell or liquidate their businesses and deposit their securities in a foreign exchange bank. See Id. ↑
  5. Pia Schölnberger, Elisabeth (Lilly) Grünbaum, Lᴇxɪᴋᴏɴ ᴅᴇʀ ᴏ̈sᴛᴇʀʀᴇɪᴄʜɪsᴄʜᴇɴ Pʀᴏᴠᴇɴɪᴇɴᴢ Fᴏʀsᴄʜᴜɴɢ (Jan. 6, 2019), https://www.lexikon-provenienzforschung.org/en/grunbaum-elisabeth. ↑
  6. This Act passed in 2016 and is valid until 2027. It follows the current discovery rule, where the injured party need only have sufficient information about a relevant fact or circumstance to have a claim, meaning that mere knowledge is sufficient. Under the HEAR Act, victims of the Holocaust or their heirs have a six-year period to make a restitution claim based on ownership of a work of art and its identification and discovery. See Holocaust Expropriated Art Recovery Act, Pub. L. No. 114-308, 130 Stat. 1524 (codified at 22 U.S.C. § 1621), https://www.congress.gov/114/plaws/publ308/PLAW-114publ308.pdf. ↑
  7. See Reif v. Nagy, 106 N.Y.S.3d 5 (N.Y. App. Div. 2019). ↑
  8. See New York Arts and Cultural Affairs Law,2021 N.Y. Laws 57.05. ↑
  9. See Bakalar v. Vavra, 237 F.R.D. 59 (S.D.N.Y. 2006). ↑
  10. Id. ↑
  11. Id. ↑
  12. See Reif v. Nagy, 106 N.Y.S.3d 5 (N.Y. App. Div. 2019). ↑
  13. Id. ↑
  14. Ronald Lauder is an Nnorth -Aamerican philanthropist, art collector, and currently president of the World Jewish Congress. See Leena Kim, Billionaire Art Collector Ronald Lauder Is Opening the Doors to His Latest Acquisitions,Tᴏᴡɴ & Cᴏᴜɴᴛʀʏ Mᴀɢᴀᴢɪɴᴇ (Nov. 2, 2022), https://www.townandcountrymag.com/leisure/arts-and-culture/a41558588/ronald-lauder-neue-galerie-exhibit-2022/. Serge Sabarsky (1912-1996) was a private art collector with special interest in German and Austrian art. After his death, his wife became responsible for his trust. See Sabarsky Foundation Supports Museum Exhibits, Programs, Mɪᴅᴅʟᴇʙᴜʀʏ Cᴏʟʟᴇɢᴇ Mᴜsᴇᴜᴍ ᴏғ Aʀᴛ (June 10, 2013), https://www.middlebury.edu/museum/news/sabarsky-foundation-supports-museum-exhibits-programs. ↑
  15. Tom Mashberg and Graham Bowley, Schiele Artworks Returned to Heirs of Owner Killed by Nazis, Tʜᴇ Nᴇᴡ Yᴏʀᴋ Tɪᴍᴇs (Sept. 20,2023),https://www.nytimes.com/2023/09/20/arts/schiele-fritz-grunbaum-nazis.html. ↑
  16. Id. ↑
  17. The remaining profits will be directed to another descendant of Fritz Grünbaum. The charity has been funded by two Grünbaum’s heirs with the sale of the two works that they had won back in 2018 and is dedicated to establishing a scholarship program for young musicians. See Jackie Hajdenberg, Jewish Cabaret Artist’s Paintings, Stolen by Nazis, to Be Auctioned, Tʜᴇ Jᴇʀᴜsᴀʟᴇᴍ Pᴏsᴛ (Oct. 28, 2022), https://www.jpost.com/diaspora/article-720862. ↑
  18. Benjamin Sutton, Egon Schiele Works Recently Restituted to Holocaust Victim’s Heirs Head to Auction, Tʜᴇ Aʀᴛ Nᴇᴡsᴘᴀᴘᴇʀ (Oct. 5, 2023), https://www.theartnewspaper.com/2023/10/05/egon-schiele-fritz-grunbaum-holocaust-restitution-christies-auction. ↑
  19. Sold Egon Schiele Artworks, Cʜʀɪsᴛɪᴇ’s, https://www.christies.com/en/search?entry=egon%20schiele&page=1&sortby=relevance&tab=sold_lots (last accessed on Jan. 24, 2024). ↑
  20. Id. ↑
  21. Later those were sold for $3,2 million dollars. See id. ↑
  22. Jackie Hajdenberg, 2 More Egon Schiele Works Returned as Manhattan DA’s Office Turns Its Attention to Works Seized by Nazis, Jᴇᴡɪsʜ Tᴇʟᴇɢʀᴀᴘʜɪᴄ Aɢᴇɴᴄʏ (Oct. 6, 2023), https://www.jta.org/2023/10/06/united-states/2-more-egon-schiele-works-returned-as-manhattan-das-office-turns-its-attention-to-works-seized-by-nazis. ↑
  23. Id. ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

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