By Arnaud Wajdzik – September 9, 2026
Two unprecedented proceedings target America’s most prestigious museum, concerning a Pissarro and a Bonnard stolen from Jewish families in France during the Occupation. James Palmer, founder of the Canadian company Mondex Corporation, which secured the restitution of a Modigliani to a French farmer in April, tells Ouest-France that the Met paid lobbyists to oppose the strengthening of the U.S. restitution law.
The first case is that of Max Braunthal, a Jewish businessman stripped of his property and income in Germany, who took refuge in France, where he was persecuted again. “He found himself deprived of his income and was therefore forced to sell his paintings to survive,” James Palmer recounts. “There was therefore even greater desperation to turn the paintings into money.” One of these paintings, a Pissarro, now hangs in the Met, which counters with a single argument: payment was indeed made for the sale. “That is an absolutely ridiculous position to take,” states the founder of Mondex, who bases his argument on the collapse of the franc during the Occupation. “When you withdraw money from the Banque de France, your franc no longer has the same value. If a transaction takes place in these circumstances, the idea that you have carried out a normal transaction is an illusion.” After five years of discussions without agreement, Mondex brought the matter before the courts, in France rather than the United States: “Our lawyers felt that France was the appropriate jurisdiction.”
The second case concerns the Zak gallery in Paris, which was looted during the Occupation and whose owner died in Auschwitz. The claim concerning a Bonnard has just been sent to the museum. “I don’t think we have received a meaningful response,” observes James Palmer, who hopes to avoid further proceedings. He places these two cases within a broader evolution in evidence. “At first, to establish spoliation, you almost needed an example where the Nazis were holding a gun and saying: give us your painting,” he explains. “Then it was more like: if you want to survive, give us your painting.” Today, the body of evidence taken into account includes the confiscation of income, exile and threats against relatives who remained in the occupied zone.
The most significant aspect of the interview concerns the HEAR Act, the 2016 U.S. law, a new version of which, adopted in April 2026, removes most of the technical defenses that had caused families to lose their cases on limitation or jurisdictional grounds. “The Met paid lobbyists to fight this new law. The American Association of Museums did so as well,” James Palmer asserts. He also describes how certain museums took preemptive legal action, themselves suing the heirs to have their possession confirmed: “Generally, the claimants no longer had any chance.” And he recalls why so many families waited two generations. “They did not want to talk about it or even think about it, because their experiences during the Holocaust were so terrible.”
France’s record, for its part, is considered favorable, with the restitution of a Chagall held at the Centre Pompidou. “We had a very positive experience, with the cooperation of the Ministry of Culture,” James Palmer emphasizes, adding that “Mr Macron has been very proactive, particularly in the recovery of cultural property.” In the Modigliani case, the decision on appeal is expected within six to twelve months, and a hearing on October 8 is to determine late-payment interest estimated at approximately $20 million. “Holders of stolen property have an interest in reaching an agreement rather than fighting,” he warns. Kamila Gourdie, president of Mondex, stresses the unprecedented nature of the case, which targets a private collector rather than a museum or a state: “We had never previously had such a major case involving a private collector. This will set a very good precedent, so that they understand the consequences of not wanting to do what is right from the outset.”
This is an excerpt from this Ouest-France article. Full article through this link: Read the full article in Ouest-France