The Jewish Federation of Los Angeles and the heirs to a Jewish artist filed suit against a California museum to recover a pair of 16th-century oil paintings seized by the Nazis and held in the private collection of Hermann Göring.
Also on Monday, the daughters of Holocaust survivor Dina Gottliebova Babbitt sued the Auschwitz-Birkenau Museum to recover watercolors of Roma victims she was forced to paint for Josef Mengele, the physician who tormented and experimented on inmates at Auschwitz. The artist died in 2009.
The two lawsuits were filed at the end of the filing window under a 2024 California law that permits claimants in previously dismissed lawsuits to refile for the retrieval of looted artworks. The law permits claimants to recover personal property stolen as the result of “political persecution” when earlier lawsuits were dismissed on procedural grounds.
The federation is suing the Norton Simon Museum in Pasadena for the retrieval of a life-sized oil diptych of Adam and Eve by the German painter Lucas Cranach the Elder. In 1940, the Nazis seized the pair of paintings from their Jewish owner, the art dealer Jacques Goudstikker. The art wound up in the hands of Göring, the Nazi air force commander and convicted war criminal, along with about 800 other pieces from Goudstikker’s collection. The paintings eventually made their way to the Norton Simon in 1971.
In a press release, the Jewish federation said it would use the majority of the proceeds from the sale of the art to care for Los Angeles-based Holocaust survivors living in poverty. (A 2018 study from the Jewish Federations of North America found that one-third of Holocaust survivors in the United States are living below the poverty line.)
“By pursuing the recovery of the Cranachs, we are seeking to reverse a great injustice perpetrated by the Nazi theft of a Jewish family’s property, and securing the resources that will enable us to provide for the many needs of thousands of impoverished Holocaust survivors in the greater Los Angeles area so they can live in dignity for the remainder of their lives,” Rabbi Noah Farkas, president and CEO of the Los Angeles federation, said in a statement.
Goudstikker’s daughter-in-law, Marei von Saher, first sued the Norton Simon Museum in 2007, claiming the paintings belonged to her family. A 2018 ruling determined on procedural grounds that they belong to the museum.
In addition to the 2024 California law, Congress passed a law earlier this year that eliminated “state doctrine,” the principle that acts committed by foreign countries within their territory are immune from lawsuits, strengthening the cases for the heirs of Goudstikker and Babbitt.
Also in 2024, 21 countries agreed to updated guidelines for restituting Nazi-looted art, which specifies that works sold to the Nazis under duress are also considered looted or stolen property.
“I am grateful to the Jewish Federation Los Angeles and its Chairman Daniel Gryczman for taking up this cause and pursuing the recovery of Adam and Eve by Lucas Cranach the Elder,” von Saher said in a statement shared with the Jewish Telegraphic Agency. “This effort represents a meaningful step toward justice for Holocaust survivors and victims of Nazi era atrocities.”
Jewish federations rarely file lawsuits as the plaintiffs in a Nazi-looted art restitution case. The San Diego Jewish Federation was a co-plaintiff in a lawsuit in 2015.
(JEWISH REVIEW) has reached out to the attorneys for the Jewish federation for comment.
The Pasadena museum held onto the Cranachs even as other works that had been looted from Goudstikker’s collection were restituted by the Dutch government in the decades since their seizure.
“After decades of litigation, court after court including the United States Supreme Court ha confirmed that the Norton Simon Art Foundation has proper title to Adam and Eve by Lucas Cranach the Elder,” a spokesperson for the Norton Simon Museum told (JEWISH REVIEW) in a statement. “We will continue to make these important artworks accessible to the public, as we have since 1971.”
The spokesperson said the museum is reviewing the complaint, and referred to a 2016 court decision that placed the artworks in their possession.
Goudstikker first acquired the paintings at a 1931 Berlin auction hosted by the Soviet authorities, which also included many works previously owned by the Russian Stroganoff family. In 1940, after Jacques Goudstikker’s death, his collection was sold to the Nazis under duress — but no cash ever came to his family.
In the Norton Simon Museum’s online catalogue, provenance cards for the works say they were “[s]aid to have been in the Stroganoff Collection” and describe the transfer from Goudstikker to Göring as “appropriated 1940.”
The quest to restitute Goudstikker’s artwork began in 1946, when his wife Désiree, an opera singer, filed a claim in the Netherlands that was initially rebuffed. Though she was able to retrieve one painting just a few years later, all of the pieces that had been seized by Göring were kept in the Dutch national collections. In later years, more than 200 artworks were returned to von Saher’s possession.
But in 1961, George Stroganoff-Scherbatoff, a descendant of the aristocratic family whose works were sold en masse along with the Cranachs, claimed the diptych from the Dutch government. He later sold the works to the Norton Simon Museum for $800,000.
In the case of the Gottliebova drawings, a spokesperson from the Auschwitz-Birkenau Museum told (JEWISH REVIEW) that the memorial was their appropriate home. “The drawings of Roma victims made in the camp must remain in the Memorial as part of the documentation of the crimes of Mengele,” the spokesperson for the state-run museum said.
“We fully understand the emotional approach of Dina Gottliebova’s family,” said the spokesperson, but “we express the deep conviction that the watercolors should remain at the Memorial.”
“The portraits of Roma victims are the few remaining fragments of the documentation made by Mengele as part of his criminal experiments,” the spokesperson continued. “Therefore, they should be treated as unique documents related to the history of Auschwitz.”
Earlier this month, an Argentine court ordered the restitution to van Saher of a looted painting, after the painting was spotted on a real estate website advertising the sale of a home of the daughter of a former Nazi official. The painting came from Goudstikker’s collection.
Earlier this year, a judge ruled that a painting by Italian artist Amedeo Modigliani, once valued at more than $25 million, must be returned to the descendants of its original owner, who was forced to sell the painting to the Nazis under duress.
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