The Art Institute of Chicago has filed a detailed 132-page motion in response to a motion filed by the Manhattan district attorney’s office in February. The district attorney’s office sought to have the museum turn over “Russian War Prisoner” by Egon Schiele, alleging that it was stolen by the Nazis from cabaret star Fritz Grünbaum before the start of World War II.
The Art Institute of Chicago’s motion refutes these allegations, stating that there is no evidence that the Nazis ever seized the watercolor. The museum also argues that the district attorney’s “theory” that the work is stolen property is “factually unsupported and wrong.” A New York judge reaffirmed the Art Institute of Chicago’s ownership of the “Russian War Prisoner” in an unrelated civil case this year.
The Art Institute of Chicago’s motion states that the core allegations raised by the district attorney’s office have been the subject of decades of extensive civil litigation and government investigation, both in the United States and abroad. These investigations, according to the motion, have generally reached the opposite conclusion: that “Russian War Prisoner” was not looted during World War II but was instead lawfully sold by surviving family members after the war.
The Art Institute of Chicago’s motion also addresses the argument made by New York prosecutors that a “conspiracy of silence” existed, in which art dealers like Eberhard Kornfeld laundered artwork stolen by the Nazis. The museum’s motion states that there is no evidence to support this claim and that there is direct evidence that Lukacs sold “Russian War Prisoner” to Kornfeld.
The museum’s motion also points out that Elisabeth Grünbaum, Fritz Grünbaum’s wife, was forced to register her and her husband’s assets, including his art collection, in 1938 under Nazi law after Grünbaum was arrested. The collection was subsequently stored at the Schenker and Co. warehouse in Vienna, a company with multiple high-ranking Nazi officials on its board, ensuring Nazi control. Prosecutors have argued that Nazis sold items from this storage facility to fund the war effort.
However, the Art Institute of Chicago’s motion states that there is no reliable evidence to absolutely prove that “Russian War Prisoner” was ever in that warehouse. The motion suggests that it is plausible that Elisabeth Grünbaum managed to transfer some of her and Fritz’s possessions, including artworks, to Lukacs and her other family members before the Nazis could seize them.
The Art Institute of Chicago also argues that Schenker and Co., while affiliated with the Nazis, also provided lawful storage and moving services across Europe. The motion points out that Elisabeth Grünbaum’s sisters used the same moving company when they fled Vienna in 1938.
In conclusion, the Art Institute of Chicago’s motion refutes the allegations made by the Manhattan district attorney’s office and asserts that “Russian War Prisoner” was legally acquired by the museum and is not stolen property.
