(It was later transferred to a corporation under the control of Alastair Martin’s son, Robin Martin; to an art gallery; and then to Mr. Steinhardt.)
How Mr. Klejman came across the idol is also a mystery, Judge Nathan wrote.
“There is no evidence in the record to establish where he first encountered the Idol, how the Idol came to be in his possession, or when and how he brought the Idol to the United States,” she added.
Turkey, seeking to bolster its case that the idol had been looted, wrote in its court papers that the Met’s former director, Thomas Hoving, once referred to Mr. Klejman as being among his “favorite dealer-smugglers.”
Judge Nathan countered that “Hoving’s memoir does not reveal much about Klejman’s specific trading practices” and placed more emphasis on the idol’s visibility after arriving in New York.
It was exhibited in the Met’s permanent galleries from 1968 through 1993, Judge Nathan wrote, with very few interruptions. She added that it had also been widely discussed in various writings starting in the 1960s and was mentioned in Turkish publications by academics with connections to the Ministry of Culture.
The public display of the work, along with its publication history, gave Turkish officials the opportunity to make a claim of ownership, Judge Nathan wrote. She suggested that the fact that Turkey did not make a claim on the idol before it was sold to Mr. Steinhardt could have led him to conclude that its ownership was uncontested.
“Had Turkey pursued its potential claim or inquired as to the provenance of the Idol prior to 1993,” she wrote. “It is quite possible that Steinhardt would have never purchased the Idol.”