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Case Summary
Schoeps v. Sompo Holdings, Inc. (Van Gogh Tokyo Sunflowers)
Schoeps, et al. v. Sompo Holdings, Inc., et al., No. 1:22-cv-07013 (N.D. Ill. filed Dec. 13, 2022).
Précis
Thirty heirs of Paul von Mendelssohn-Bartholdy, a prominent banker of Jewish descent in pre-War Germany, are challenging the legitimacy of the 1987 auction sale of one of Vincent van Gogh's paintings of Sunflowers to Yasuda Fire and Marine Insurance Company (“Yasuda”), a Japanese conglomerate. This
replevin
A legal action in which an original owner seeks to recover possession of property wrongfully taken or retained by another party.
replevin and
conversion
A civil wrong (tort) in which one converts another's property to his own use; in other words, “stealing.” Conversion includes treating another's goods as one's own, holding onto such property which accidentally comes into the taker’s hands, or purposely giving the impression that the assets belong to the taker. This gives the true owner the right to sue for his own property or the value and loss of use of it, as well recourse to law enforcement authorities, since conversion usually includes the crime of theft (http://dictionary.law.com).
conversion action was filed in the Northern District of Illinois, where the work was temporarily exhibited in 2001, and where the heirs allege that Yasuda engaged in fraudulent misconduct by purchasing and exploiting the painting despite knowing about its problematic
provenance
The history of the ownership of an object or work of art; sometimes also used to describe the place of origin, or the find-spot, of an archaeological object or other antiquity (more correctly, “provenience”).
provenance. The heirs seek to return the painting from Yasuda’s successor, Sompo Holdings, Inc. (“Sompo”), as well as $750 million in punitive damages.
Associated Legal Decision(s)
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Schoeps, et al. v. Sompo Holdings, Inc., et al., No. 1:22-cv-07013, Minute Entry by Judge Shah (N.D. Ill. Dec. 13, 2022).
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Schoeps, et al. v. Sompo Holdings, Inc., et al., No. 1:22-cv-07013, Defendants' Motion to Dismiss (N.D. Ill. Apr. 27, 2023).
Associated Statutes and/or Legislation
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22 U.S.C. § 1621 Holocaust Expropriated Art Recovery Act of 2016 ("HEAR Act")
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Crimes and Criminal Procedure, 18 U.S.C. § 1341, Frauds and swindles
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Commerce and Trade, 15 U.S.C. § 45, (Federal Trade Commission Act) Unfair methods of competition unlawful; prevention by Commission
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Crimes and Criminal Procedure, 18 U.S.C. § 1343, Fraud by wire, radio, or television
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Foreign Relations and Intercourse, 22 U.S.C. § 2459, ("Federal Immunity from Seizure Act"), Immunity from Seizure of Cultural Objects Imported for Temporary Exhibition or Display
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