[CPProt.net] Statement by lawyer of the Minsa Craig Burri estate (art owned by the late Minsa Craig Burri has by no means "disappeared")

[MusSecNetworkCulPropProtNet]

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From: Michel Distel [mailto:micheldistel at micheldistel.com] 
Sent: 10 June 2005 17:08
To: moderator at cpprot.net
Subject: 


Dear Sir,
 
You seem to have taken the piece published under Bernhard Warner's by-line
in the issue of Time Magazine Europe dated May 9 at face value. This article
is unfortunately an instance of sloppy and one-sided journalism.
 
It would appear that Mr. Warner has accepted as fact a list of unfounded
allegations that have no bearing on the true situation and never checked his
sources. As a result the article misrepresents the true status of the art
referred to and the legal rights of the Albizzini foundation.
 
A number of the statements found in this article are false and defamatory. 
 
The art owned by the late Minsa Craig Burri has by no means  "disappeared".
 
It has not been "smuggled" out from France but legally exported by the
Executors of the Estate representing its legitimate owner, Minsa Craig
Burri's sole heir, her brother, after all the custom filings had been
effected. It has furthermore been inspected by the curators of the Centre
Georges Pompidou who have selected one piece fit to be accepted by the
French Treasury in lieu of estate duties. This very piece was reproduced in
the Time article.
 
It has not been "stolen" but transferred to the US by the Executors on
behalf of the owner.
 
The foundation has no standing to claim any part of the estate of Minsa
Craig Burri. Soon after the death of Alberto Burri, Minsa Craig Burri
realized that the foundation created by her late husband had betrayed the
Maestro's wishes and was under the control of schemers whose sole intent was
to live off the great legacy of Burri by selling art from the foundation to
fund the budget of an institution that has, by its own admission, less than
10 visitors a day, but continues to pay fees and salaries to various members
of the Sartenanesi family. The mishandling of the assets entrusted to the
foundation by the late Alberto Burri  has warranted the intervention of the
Italian government in the foundation's affairs. 
 
>From the very day of Burri death the foundation has attempted to dispossess
his widow of her rightful share of his estate. She never had any wish to
bequeath any part of her estate to the foundation ; on the contrary, until
her demise, she bitterly fought the foundation and its claim to be the
Maestro sole heir to have her own rights vindicated. The litigation in the
Italian courts has been resumed by the estate of Minsa Craig Burri and
remains pending ; it has not been finally decided upon. 
 
The foundation is now trying, in the same manner, to dispossess her heir and
has initiated a number of frivolous lawsuits in France where Minsa Craig
Burri had been a resident for the last fifteen years of her life and where
she died. French law applies to the devolution of her estate and a French
court of appeals has very recently decided that the foundation has no legal
existence in France, and as a result has no capacity to claim to be her
heir.
 
The statement that the foundation has "kept quiet" for fear of hurting
ticket sales, virtually non-existent due to abysmal management, is
ludicrous. Mr. Sarteanesi, who seems to be the sole source for this piece of
"reporting" knows full well that the foundation has no right whatsoever to
the property of the estate of Minsa Craig Burri reported as "stolen". 
 
Yours faithfully
 
 
Michel Distel
Avocat au Barreau de Paris
Counsel to the estate of Minsa Craig Burri
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