"A Signature at Gunpoint" – Reframing Forced Sales and Sales Under Duress in Nazi-Looted Art Disputes

Abstract

Between 1933 and 1945, the Nazi regime engaged in systematic looting of artwork and property from European Jews. In addition to overt looting of property by the Nazis, Jews and other persecuted individuals were often forced or coerced to sell artwork and propertyto the Nazis, their agents, and collaborators at steep discounts toevade deportation or finance their flight to unoccupied territories. These transactions have been characterized as either “forced sales” or “sales under duress,” leading to a number of claims for restitutionby the heirs of original owners in the United States and Europe. Since 2009, the United States has either endorsed or introduced policy that explicitly acknowledges the presence of forced sales and sales under duress. However, current legislation concerning Nazi-looted art disputes, namely the Holocaust Expropriated Art Act (HEAR Act), does not account for such sales. Simultaneously, courts have been faced with a number of disputes that allege sales under duress and have struggled to render consistent opinions that afford due weight to the historical realities surrounding these transactions. This Note argues for a model statute or amendment to the HEAR Act that would adopt a rebuttable presumption of duress in Nazi-looted art disputes. By comparing U.S. policy, legislation, and case law with the restitutions regimes in France and the Netherlands, this Note unearths the need to account for the unique circumstances surrounding sales under duress. Ultimately, adopting a statute or amendment that affords claimants in Nazi-looted art disputes a rebuttable presumption of duress would: (1) continue to effectuate U.S. policy on Nazi-looted art disputes; (2) account for the historical landscape and realities of Nazi persecution underlying such transactions; and (3) encourage future Nazi-looted art claims and support their resolution on the merits.

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Ashley, A Signature at Gunpoint.pdf

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