At Ayuela Jiménez, we are pleased to share the recent acquittal of our client (a renowned art dealer) of the charge of receiving stolen goods, after having purchased a valuable 18th-century Baroque sculpture without knowledge of its illicit origin, as acknowledged by the Provincial Court of Granada in Judgment 447/2024, dated 9 October.
The Facts of the Case: The Appropriation of the Piece from the Convent of Los Ángeles in Granada and Our Client’s Knowledge of These Events
The story began in 2018, when the closed Convent of Los Ángeles in Granada had shut its doors. According to the allegations (from the Public Prosecutor and the Regional Government of Andalusia), it was at this time that the antique dealer who sold the piece to our client took it (along with other items) to prepare a restoration estimate, which was ultimately rejected. Instead of returning the piece, the antique dealer allegedly sold the original work to our client for €90,000 and, in its place, delivered a low-quality replica to the convent.
The original piece (a carving of Santa Margarita de Cortona) was later put up for sale by our client at the prestigious TEFAF New York fair, with, according to the allegations, awareness of its illicit origin.
Exceptional Defence to Ensure Our Client’s Innocence
The court accepted the key arguments we presented, confirming that our client acted in good faith when purchasing the piece, entirely unaware that it might have a criminal origin. As the court acknowledges, at no time did our client conceal his acquisition from the Ministry of Culture (obtaining the necessary export permit) nor from third parties, as evidenced by his attempts to sell the piece at the world’s most important art fair and featuring it in his own catalogue.
Additionally, the court found that our client could not reasonably have known that the piece belonged to a convent (as works belonging to religious institutions cannot be transferred to third parties under Spanish Historical Heritage Law). The piece appeared in the Andalusian Historical Heritage register with a different iconography (currently still listed as depicting Saint Rose of Viterbo), and no clear historical references were available for its identification.
The Importance of Transparency and Legal Knowledge in the Art Market
This case highlights the importance of specialised legal advice. In a market where transactions involving heritage works can entail complex legal considerations, it is crucial that art dealers, collectors, and sector professionals are backed by expert legal support. At Ayuela Jiménez, we understand the nuances of this sector and provide our clients with the security and support they need to operate transparently and within the legal framework.
Ayuela Jiménez: Experts in Law and Legal Defence
Our experience and dedication to defending our clients’ interests position us as a leading law firm in the sector. With a specialised team led by our criminal law partner and defence attorney Jesús Villamor Blanco, Ayuela Jiménez successfully resolved this case, protecting our client’s reputation and rights.
If you need high-level legal advice, Ayuela Jiménez offers a comprehensive service that ensures security and transparency in all your transactions. Our team of specialised lawyers is equipped to handle any type of dispute, providing effective and tailored solutions to protect your interests in the most complex matters.
