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The Bouvier Affair was a number of international lawsuits that started in 2015, and subsequent events. The lawsuits, initiated by Russian oligarch Dmitry Rybolovlev, [1] allege that Swiss art shipper and dealer Yves Bouvier defrauded him by misrepresenting the original cost of art works and subsequently overcharging them. [2] The affair has played out in courts in Monaco, Switzerland, France, the United States, Hong Kong and Singapore.
Since beginning legal proceedings against Bouvier in 2015, authorities have dismissed lawsuits filed by Rybolovlev in Singapore, Hong Kong, New York, Monaco, and Geneva. [3] The US has also dropped its investigations into Bouvier. [4]
In December 2023, the Geneva Public Prosecutor's Office closed the criminal investigation against Bouvier, citing that it did not find "any evidence allowing sufficient suspicion to be raised against the defendants (Bouvier)." [5]
In the same month, both parties reached an agreement and set aside all their remaining legal disputes in all jurisdictions. The settlement was described by Bouvier's lawyers as a "complete victory." [6]
Rybolovlev, who initiated the lawsuits against Bouvier, has since been under criminal investigations in Monaco, Switzerland, and France in relation to the case. In Monaco, he was arrested and investigated for allegedly instrumentalizing and corrupting public officials to influence the case against Bouvier. [7]
Before 2015, Bouvier was primarily known in the market as a leading art dealer [8] and curator through his company, Natural Le Coultre, and as a major shareholder and promoter of the freeport concept.
In 2008, Bouvier became embroiled in a legal case involving Lorette Shefner, a Canadian collector. Shefner's family claims that she was the victim of a complex fraud, whereby she was persuaded to sell a Soutine painting called Le Bœuf écorché at a price far below market value, only to see the work later sold to the National Gallery of Art in Washington, D.C. for a much higher price. [9] [10] Although Bouvier is not the primary defendant, court documents from 2013 accuse him of having acted "in concert" with several experts "to disguise the true ownership" of pieces of art in order to defraud the Shefner estate. [11]
In 2013, it was revealed that Bouvier was a victim in the notorious case of Wolfgang Beltracchi. [12] Beltracchi is a German forger who was convicted in 2011 of having defrauded a number of collectors, including Daniel Filipacchi, of millions of dollars. [13] Diva Fine Arts, a company owned by Bouvier, owned and brokered several paintings that were later identified as forgeries. According to German newspaper Die Zeit , Bouvier founded Galerie Jacques de la Béraudière in 2008 together with art dealer Jacques de la Béraudière, who played a key role in the Beltracchi scandal. [14] He denied any connection to Beltracchi and dismissed media coverage as uninformed speculation. [15]
Bouvier has stated that he was "one of the losers" in Beltracchi's schemes and that he had "bought works with their certificates from established dealers." One of the paintings had even duped Max Ernst's widow, who, upon seeing it, called it the "most beautiful picture that Max Ernst had ever painted." [16]
Bouvier was falsely accused by Catherine Hutin-Blay in a scheme orchestrated by Rybolovlev. In March 2015, Catherine Hutin-Blay, the step daughter of Pablo Picasso from his second wife Jacqueline, filed a complaint in Paris alleging that 58 separate works had been stolen from her. Hutin-Blay alleged that the works were stolen from a store in a suburb of Paris that is run by Art Transit, a Bouvier family company. [17] [18] It later emerged that Bouvier had sold two of the allegedly stolen Picasso paintings to Rybolovlev in 2013. [19] Bouvier maintained that he had legally paid $8 million for the artworks through the Nobilo Trust, an offshore entity based in Liechtenstein. [20] Rybolovlev handed over the paintings to French authorities in 2015. [21]
Bouvier denied any involvement in the thefts, but in September 2015 he was indicted by French authorities on charges of theft in relation to the discovery of two of the works by Picasso that Hutin-Blay alleged were stolen from her. [22] Hutin-Blay claimed that the artworks in question originally came from Picasso's last studio in Mougins. After inheriting the property, she had the contents catalogued and stored by an art broker, Olivier Thomas. Hutin-Blay asserted that she was unaware of the thefts until years later, when she visited the storage facility and found pieces missing. [23] In court, Bouvier produced a document showing that he paid $8 million to a fund in Liechtenstein, of which Hutin-Blay was the beneficiary, and asserted that this was for the two paintings. [24] Hutin-Blay disputed this, arguing that the payment concerned a matter unrelated to the thefts. [24]
In a statement to Artnet, Ron Soffer, Bouvier's Paris-based lawyer, said that one of Bouvier's entities "purchased the works in question for a substantial amount of money" and that he "conducted the necessary verification, including getting art loss registry certificates." [25]
In February 2016 French newspaper Le Point revealed that Hutin-Blay had stored 79 Picasso works including numerous portraits of her mother, at the Geneva freeports. These works, valued at €35 million, were transported by Fine Arts Transport, a company owned by Bouvier. This revelation undermined Hutin-Blay's claim that she was unfamiliar with Bouvier. [26] Investigations subsequently revealed that Hutin-Blay had sold the artworks in question, with a significant portion of the sale being routed through the Nobilo Trust. Hutin-Blay admitted in a February 2017 court hearing that she had been the beneficiary of the funds from the trust, although she maintained that she was not the account holder.
Text messages revealed during the investigation into Dmitry Rybolovlev as part of Monacogate show that Rybolovlev and his lawyers sought to influence Hutin-Blay's case against Bouvier in Paris. In one message, a Monaco police officer assured Rybolovlev's lawyer, Tetiana Bersheda, that French authorities were already "sensitized" to the accusations, suggesting that groundwork had been laid to involve French law enforcement. The officer provided Bersheda with the name and contact information of another officer who specialized in art crimes and Bersheda indicated that she spoke with said contact. These messages suggested that Rybolovlev's legal team was working in concert with officers in Monaco and France to pressure Bouvier, using Hutin-Blay's allegations of art theft. The discovery of these communications suggested that there was a coordinated attempt to manipulate legal processes in multiple jurisdictions, further deepening the scandal surrounding the entire affair. [27]
In 2017, the Paris court closed the theft case against Bouvier. [28]
In November 2024, a French court ruled that Bouvier must stand trial over allegations concerning stolen Picasso artworks. [29] This decision followed the emergence of new evidence, including digital records and email exchanges that implicated Bouvier in the unauthorized sale of over 60 Picasso pieces from the collection of Catherine Hutin-Blay. [29] The evidence showed irregularities in the ownership documentation and suggested that Bouvier had orchestrated the secret sale of these artworks. Investigators pointed to discrepancies in valuations and hidden details about the provenance, implying that Bouvier may have deliberately inflated prices while concealing the artworks' origins. [29]
In late 2015, it emerged that Bouvier has been investigated by the authorities in Liechtenstein on suspicion of money laundering, in one instance related to a forged Max Ernst work that is alleged to have been created by Wolfgang Beltracchi. However, Liechtenstein suspended its investigation in December 2015. [30]
In September 2017, Bouvier was under criminal investigation by Swiss authorities amid allegations that he may have evaded more than 100 million Euros in taxes related to his cross-border art dealings. [31]
The Hutin-Blay case coincided with a separate case involving allegations made by Rybolovlev that forms the main part of the Yves Bouvier Affair. Beginning in 2003, with the help of Yves Bouvier, Dmitry Rybolovlev accumulated one of the most spectacular art collections of modern times. [32] Rybolovlev's art collection includes paintings by Paul Gauguin, Auguste Rodin, Amedeo Modigliani (Nude on a Blue Cushion), Pablo Picasso, Henri Matisse, and Mark Rothko (No. 6). [33] [34] In addition to these seminal works, Rybolovlev also purchased the painting Wasserschlangen II (or Water Serpents), by Gustav Klimt, though it was subsequently sold. [35]
On 25 February 2015, Bouvier was indicted in Monaco on charges of fraud and complicity in money laundering. [36] The charges followed a criminal complaint made by Rybolovlev's family trust alleging that Bouvier had systematically overcharged it over a period of 10 years to acquire paintings. [37] [38] [39] Specifically, the Russian billionaire's lawyers accused Bouvier of having misrepresented his role in obtaining 38 artworks for $2 billion and having thus defrauded Rybolovlev to the tune of a little more than $1 billion, [19] using offshore companies to disguise his gains. [40] [41]
Bouvier has denied the claims stating that he presented himself as the seller of the artwork, rather than an adviser, and that Rybolovlev was aware of the extra markup he earned on top of the fees. [42] In 2017, he filed a counter-complaint against Rybolovlev in Switzerland, accusing the latter of allegedly luring him to Monaco to be detained by the Principality's police. In October 2024, the Swiss Federal Office of the Attorney General (OAG) declared Rybolovlev not guilty and closed the criminal proceedings against him as “no suspicion justifying an indictment has been established.” [43] [44]
In 2019, the criminal charges of fraud and money laundering against Bouvier were dismissed after the court found that all investigations against him were "conducted in a biased and unfair way." [45]
After HSBC Monaco provided a letter during the police investigation that erroneously stated that Bouvier and a co-defendant, Tania Rappo (with whom he was accused of conspiring to launder money from his art deal proceeds) held joint accounts at the bank, Bouvier called for an investigation into that matter. [46] HSBC stated the error was "unintentional and clerical." [46]
In 2017 French [47] and Monegasque press reported that Rybolovlev arranged substantial inducements to various other members of the Monegasque establishment, including the judiciary, law enforcement and members of government, to have Bouvier arrested an investigated as part of his dispute with the art dealer. [48] The controversy led to the resignation and subsequent arrest of Monaco's Justice Minister, Philippe Narmino, and the arrest of Rybolovlev.
Dubbed "Monacogate" by the press, [49] the scandal unfolded with the disclosure of text messages from Rybolovlev's lawyer Tania Bersheda, which showed efforts to sway the legal proceedings and orchestrate the arrest of Bouvier in 2015. [50] The text messages revealed that days before the arrest of Bouvier, Rybolovlev had hosted Narmino and his family and HSBC Monaco managing director Gérard Cohen at his residence in Gstaad, Switzerland. The messages also revealed that Rybolovlev had offered lavish gifts and dinners to members of Monaco's police force and that Bersheda had been in close contact with the officers in charge of the investigation into Bouvier, Director of the Judicial Police Christophe Haget and deputy Frédéric Fusari before and during his arrest in Monaco.
On that basis, Bouvier and Rappo attempted to have the charges against them thrown out in November 2015, arguing that there were a number of irregularities in the legal procedure against them and that Rybolovlev may have exercised undue influence. [51] In 2016, a Monegasque judge rejected their argument. [52] However, in 2019, the Monaco Court of Appeals dismissed the charges against Bouvier. [53]
On 1 October 2015, Monaco's new principal prosecutor Jacques Dorémieux replaced Jean-Pierre Dreno. Dreno gained judicial responsibilities in Aix-en-Provence and had been implicated in a suspicious purchase, through the intermediary Erminio Giraudi, of an apartment at Ospedaletti on the Italian Riviera from Silvio Berlusconi's 85-year-old brother. [54] [55] [56] With the release of the Panama Papers on 3 April 2016, the minister of justice Phillippe Narmino's son Antoine Narmino through the son's consultancy firm Narmino & Dotta was shown to have established 29 overseas companies registered in Panama with support from Mossack Fonseca. [57] [58] In August and September 2017, Mediapart published articles which showed a close relationship between Dmitry Rybololev and Phillippe Narmino. [59] [60] On 8 November 2018, Dmitri Rybolovlev and Philippe Narmino were charged in Monaco court with passive and active influence peddling and for passive corruption. [61] Since then several other Monegasque officials have been charged with influence peddling, corruption, and violation of privacy, including Minister of the Interior Paul Masseron, Attorney General Jean Pierre Dreno, Director of Public Security Régis Asso, and Fusari
On 12 December, 2019, Monaco’s Court of Appeal dismissed the charges of fraud and money laundering against Bouvier. [62] Legal proceedings continue in other jurisdictions, including Switzerland. [63] The Geneva public prosecutor's office is also in possession of emails exchanged between Bouvier and Sotheby's, while the former was making private purchases for Dmitry Rybolovlev. [41]
A criminal investigation into Bouvier in Switzerland was closed in December 2023, with the Geneva Prosecutor's Office stating that it could not find any evidence to raise suspicion against him. [64]
In November 2023, it was reported that Monaco investigating judges dismissed the case against Rybolovlev concerning his alleged complicity for invasion of privacy. A complaint against Rybolovlev as well as his lawyer Tetiana Bersheda and then-Monaco public prosecutor Jean-Pierre Dreno was filed back in 2015 by Tatia Rappo, a friend of both Rybolovlev and Bouvier. The case against Dreno was also dismissed in November 2023, Bersheda was cleared of any wrongdoing related to the privacy charges by Monaco court in March 2024. [65]
In June 2024, the European Court of Human Rights ruled that the conduct of the criminal investigation against Bersheda "violated rights protected by the European Convention of Human Rights." [66]
On 12 March 2015, Rybolovlev sued Bouvier in Singapore, asking for a global freeze on Bouvier's and Rappo's assets. [19] On 13 March, Senior Judge Lai Siu Chiu of the High Court of Singapore ordered the global freezing of Bouvier's assets. [67] The Singapore Court of Appeal repealed the decision and ordered that Bouvier's assets be unfrozen, citing a low risk that Bouvier would dissipate his assets and that Rybolovlev failed to follow procedure in the injunction by not giving Bouvier notice of the proceedings. [68]
In March 2016, the High Court of Singapore dismissed Bouvier's attempt to suspend the civil suit filed in the territory against him by two companies linked to the Rybolovlev family trust. Bouvier had argued the dispute should be fought in the Swiss courts. [69] In a judgment published on 22 March 2016, Senior Judge Lai Siu Chiu ruled that the Singapore suit, which was filed in the High Court in 2015, should proceed. She said the case should be transferred to the Singapore International Commercial Court, which deals specifically with cross-border commercial disputes. [69]
On 18 April 2017, the Court of Appeal of Singapore again contradicted the High Court, ruling that Switzerland was a more appropriate forum for the civil lawsuit. [70] [71]
In addition to Singapore, Bouvier also had the assets of his Hong Kong-based company Mei Invest Limited frozen through an injunction in July 2015. [72] In September that year, it was announced that a consent summons had been agreed upon between Bouvier and Accent Delight International Limited as well as Xitrans Finance Limited, two of Rybolovlev's companies. Subsequently, Bouvier's assets were unfrozen. [73]
In New York, auction house Sotheby's became embroiled in the legal dispute in 2016 when the art dealers that had originally sold Da Vinci's Salvator Mundi painting to Bouvier learned that he had sold it to Rybolovlev at a much higher price. According to court papers, Sotheby's was asked to clarify whether it had been aware that the painting was worth more than what the art dealers had sold it to Bouvier for, and whether the auction house had misled the dealers in favor of the Swiss trader. [74] Email exchanges unearthed by Rybolovlev’s lawyers indicate that the practice of over-invoicing was systematic, with the intermediary regularly pushing his client to buy paintings without giving them the necessary reflection time for such investments. [75]
In November that year, Sotheby's issued a pre-emptive suit in relation to Salvator Mundi, denying that it had ever been part of a scheme allegedly perpetrated by Bouvier to defraud both the sellers of the painting, and Rybolovlev. [76]
On 11 June 2018, the United States District Court for the Southern District of New York granted Rybolovlev permission to access Sotheby's paperwork regarding its interactions with Bouvier for his ongoing lawsuits against the Swiss in Monaco and Switzerland. [77]
Another ongoing US investigation into Bouvier and his alleged involvement in fraudulent activities was dropped in May 2018. [78]
On 2 October 2018, Rybolovlev sued Sotheby's for $380 million, alleging the auction house had "materially assisted the largest art fraud in history" and that Sotheby's "knowingly and intentionally made the fraud possible" because it was aware of how much Bouvier had paid the original sellers of the paintings later purchased by Rybolovlev. [79] Sotheby's called these allegations "baseless" and told Reuters it would seek to have the lawsuit dismissed in a New York court. [80]
In what Sotheby’s called a “disappointing” decision, a US federal court in Manhattan rejected Sotheby’s request to have the case dismissed. [81] On 25 June 2019, the court argued that the auction house did not present evidence that would justify the “exceptional circumstances” required to have the case thrown out. [81] [82] Instead, Sotheby’s was ordered to submit previously confidential details relevant to the case for consideration and was banned from redacting information from court documents. [83]
A November 2019 ruling of a New York court compelled Sotheby’s to produce documents used in foreign criminal proceedings in the Affair in the jurisdictions of Switzerland and Monaco. [84] Sotheby’s had fought against this decision, arguing that confidentiality and the fact that it was named in the Swiss proceedings should shield it from having to submit the documents, which the court rejected. [85]
In December 2023, it was reported that Rybolovlev and Bouvier had reached an undisclosed settlement agreement.
In January 2024, the jury at a New York Federal Court found for Sotheby's on all counts that Rybolovlev had alleged. [86] A lawyer representing Sotheby's stated that the verdict "reaffirmed what we knew since the beginning, which was that Sotheby's played no role in any fraud or attempted fraud against Rybolovlev or anyone else." [87]
Bouvier has stated that, as a result of the actions taken against him, he has "lost everything." [88] In an interview featured in the documentary The Lost Leonardo, [89] he claimed that "Rybolovlev contacted all the banks, all the auction houses. So I'm blacklisted by the auction houses. I was on the front page of every newspaper. I was discredited. My credit lines were canceled by the banks. All my insurance was canceled."
In December 2023, Bouvier stated that his "name is now cleared", adding that the Geneva Prosecutor's decision to dismiss the case marked the "end of a nine-year nightmare. Courts all around the world have now unanimously concluded that I was innocent." [90]
The Bouvier Affair has been widely reported and followed across the art world and beyond as it laid bare "the exploitation of art for financial gain" [91] and put a spotlight on the business behaviors of middlemen in the art market. [92] [93] Furthermore, Bouvier’s alleged wrongdoings have led to policymakers’ greater scrutiny of his freeports, where high-dollar art is often stored. [75] [94]
The scandal has also cast a negative light on Monaco. According to The New York Post, commentators on the case said that it ended up "almost bringing down half the principality" as "it brought back all those charges of Monaco being corrupt and dirty." [95] According to Gérard Vespierre, editor of the geopolitics journal Le Monde Décrypté, "'Monacogate'" exemplifies how jurisdictions that lack transparency and accountability risk being subverted and ultimately can allow for the rule of law to be undermined by wealthy and influential individuals to further their own agendas." [96]
Commentators have opined that the unfolding events could be the catalyst for a renewed push to reform the art sector. [97] Following a January 2024 verdict in New York where Rybolovlev lost against Sotheby's for its dealings with Bouvier, Daniel Kornstein, a lawyer for Rybolovlev, said the case "achieved our goal of shining a light on the lack of transparency that plagues the art market." [98]
Sotheby's is a British-founded multinational corporation with headquarters in New York City. It is one of the world's largest brokers of fine and decorative art, jewellery, and collectibles. It has 80 locations in 40 countries, and maintains a significant presence in the UK.
Dmitry Yevgenyevich Rybolovlev is a Russian oligarch, billionaire businessman, and investor.
Jacqueline Picasso or Jacqueline Roque was the muse and second wife of Pablo Picasso. Their marriage lasted 12 years until his death, during which time he created over 400 portraits of her, more than any of Picasso's other lovers.
Salvator Mundi is a painting attributed in whole or part to the Italian High Renaissance artist Leonardo da Vinci, dated c. 1499–1510. Long thought to be a copy of a lost original veiled with overpainting, it was rediscovered, restored, and included in an exhibition of Leonardo's work at the National Gallery, London, in 2011–2012. Christie's, which sold the work in 2017, stated that most leading scholars consider it an original work by Leonardo, but this attribution has been disputed by other leading specialists, some of whom propose that he only contributed certain elements; others believe that the extensive restoration prevents a definitive attribution.
Galerie Gmurzynska is a commercial art gallery based in Zurich, Switzerland, specializing in modern and contemporary art and work by the Russian avant-garde. It became a popular venue for international collectors seeking Russian art that was banned by the Soviet regime, and, according to Artnet, became the "go-to place for Russian art for international collectors".
Ekaterina Dmitrievna Rybolovleva is a businesswoman, equestrian and socialite. She is the daughter of Russian oligarch Dmitry Rybolovlev. A competitor in equestrian competitions, she is also the owner of several businesses and properties, including those on the islands of Skorpios and Sparti. Rybolovleva owns the football club AS Monaco FC via a trust in her name, although her father serves as the president.
Luxembourg High Security Hub, until 2021 known as Luxembourg Freeport, is a €50-million high security storage facility adjacent to Luxembourg Findel Airport. The freeport opened in September 2014.
Yves Bouvier is a Swiss businessman and art dealer best known for his role in the Bouvier Affair that resulted in criminal charges being brought and dismissed against him in France and Monaco by Russian oligarch Dmitry Rybolovlev. He was the president of Natural Le Coultre, an international company specialized in the transportation, storage, scientific analysis, and conservation of works of art, luxurious goods and other collectibles.
La Gommeuse is a 1901 oil-on-canvas painting by the Spanish artist Pablo Picasso. It dates from his Blue Period and is noted for its caricature of Picasso's friend Pere Mañach painted on the reverse. Gommeuse was sexually charged slang of the time for café-concert singers and their songs. It was offered for sale ex the William I. Koch collection at a Sotheby's, New York, auction on 5 November 2015. The painting realized $67.5 million at the sale, a record for a Blue Period Picasso, placing the painting among the most expensive ever sold.
No. 6 is a 1951 painting by the Latvian-American expressionist artist Mark Rothko. It was painted in 1951. In common with Rothko's other works from this period, No. 6 consists of large expanses of colour delineated by uneven, hazy shades. In 2014, it became one of the most expensive paintings sold at auction.
Helly Nahmad is an American art dealer and art collector. In 2000, he founded the Helly Nahmad Gallery in Manhattan, New York, which holds several fine art exhibitions each year featuring artists such as Pablo Picasso, Chaïm Soutine, Francis Bacon, and Giorgio de Chirico.
Nirav Deepak Modi is an Indian-born Belgian fugitive who was charged by Interpol and the Government of India for criminal conspiracy, criminal breach of trust, cheating and dishonesty including delivery of property, corruption, money laundering, fraud, embezzlement and breach of contract in August 2018. Modi is being investigated as a part of the $2 billion fraud case of Punjab National Bank (PNB). In March 2018, Modi applied for bankruptcy protection in Manhattan, New York. In June 2018, Modi was reported to be in the UK applying for political asylum. In June 2019, Swiss authorities froze a total of US$6 million present in Nirav Modi's Swiss bank accounts along with the assets.
Marc Restellini is a French art historian, museum director, founder of the Pinacothèque de Paris, and a specialist on Amedeo Modigliani.
Water Serpents II, also referred to as Wasserschlangen II, is an oil painting made in 1907 by the Austrian artist Gustav Klimt. It is the follow-up painting to the earlier painting Water Serpents I. Like the first painting, Water Serpents II deals with the sensuality of women's bodies and same-sex relationships. The painting has a rich history. During World War II, it was stolen by the Nazis, and more recently, it has been the center of a controversy surrounding its record 2013 sale. As of December 2019, it is the 6th most expensive painting in the world and the most expensive work by Klimt to sell.
The Lost Leonardo is an internationally co-produced documentary film directed by Andreas Koefoed, released in 2021. It follows the discovery and successive sales of the painting the Salvator Mundi, allegedly a work by Leonardo da Vinci, an artist for whom there are only a few attributed works in existence. The film chronicles the dramatic increases in the painting's value from its original purchase in 2005 for $1,175 to its auction in 2017 for $450 million, when it became the most expensive artwork ever sold. The use of high-end artwork for hiding wealth, as well as the conflicts created by large commissions and other economic incentives, are explored in the film. It includes interviews with leading art experts and art critics on issues regarding the provenance and authenticity of the work.
Robert B. Simon is an American art historian and art dealer most known for rediscovering Leonardo da Vinci's picture, Salvator Mundi.
Otahi is a 1893 oil on canvas painting by the Post-Impressionist artist Paul Gauguin.
Mario Brero is an Italian private detective heading five companies registered in Geneva, Switzerland. In 1989 he founded Alp Services SA, a private investigation business, focusing on banks, law firms and wealthy clients with "advice, support, strategic guidance, diplomatic intermediation and organisation in crisis management and image reputation" and with "national and international investigations and inquiries, notably commercial and financial, in combating money laundering, counterfeiting, parallel markets, economic and/or computer crime; surveillance and protection of individuals and companies, crisis and risk management, asset searches, due diligence, auditing.
Art Dealer Under Investigation Again as New Evidence Emerges in Case of Stolen Picassos Linked to Yves Bouvier