Garcia opened his palms as if to say, “Of course.”
Mendez, still squirming, broke in and spoke for the first time. His words came rapid fire, his tone overly accusatory. “Are you sure about this? How do you know it’s illegal to bring the backflap into the U.S.?” Before I could answer, he fired again. “How do you know? How do you know?”
I acted like I had done this a hundred times. “Trust me, I looked it up.” I should have left it there, but Mendez didn’t look convinced, so I added an unnecessary comment. “I’m an attorney,” I said.
Mendez couldn’t argue with that, but I regretted the lie the moment it passed my lips. A lie like that trips you up. Claiming to be a lawyer was especially dumb—it was too easy for the criminals to check, and might cause trouble if the case ever went to trial.
Mendez shifted in his seat and moved to his next question. “Bob, look—I’m sure you understand, I’ve got to ask you.” He looked me in the eye, but I could tell he was nervous. I could guess what was coming. Mendez subscribed to an old wives’ tale—the mistaken belief that the law requires an undercover officer to tell the truth if directly confronted.
“Bob, are you a cop?”
I pivoted to put him on the defensive. “No, are you?”
“Of course not,” Mendez snapped. He moved to his next dumb question, the kind a veteran smuggler would never ask a fellow criminal. “Tell me more about your buyer.”
I moved to retake control of the conversation and caught his gaze. “The buyer is anonymous,” I said sternly. “That’s all you need to know.”
I turned to Garcia, the brains, and softened my tone. “Look, my buyer’s a collector. He likes gold. He buys anything made of gold. Let’s just call him the Gold Man.”
Garcia liked that. “Perhaps I can meet the Gold Man one day?”
“Maybe,” I said as we shook hands to leave. “Someday.”
I got to the van and dialed the Gold Man’s number.
A secretary came on the line. “U.S. Attorney’s Office. How can I help you?”
“Bob Goldman, please.”
ASSISTANT U.S. ATTORNEY Robert E. Goldman was unlike any other federal prosecutor I’d met.
He lived on a large working farm in Bucks County, north of Philadelphia, where he kept peacocks, horses, sheep, ducks, and dogs. Though Goldman came from a family of lawyers—and became one because it was expected of him—he liked to call himself a frustrated history professor. He wore a handlebar mustache in the style of his hero, Teddy Roosevelt, and at his home library, he stuffed his bookshelves with more than 150 Roosevelt titles. With his appreciation of history and culture, Goldman was precisely the kind of prosecutor I knew I needed if I wanted to pursue art crime. Without a kindred spirit at the U.S. Attorney’s Office to prosecute art crime cases, I knew I wouldn’t get very far. As an FBI agent, I could investigate almost any federal crime. But if I wanted to harness the full power of the U.S. Department of Justice—from subpoena to grand jury indictment to criminal prosecution—I’d need a like-minded Assistant U.S. Attorney as a partner, someone willing to take on tough, esoteric cases, even if the unstated goal of an investigation was not an arrest, but the rescue of a stolen piece of art. Goldman understood the value of pursuing stolen pieces of history and really didn’t care if his bureaucratic supervisors shared his vision.
As important, Goldman treated FBI agents as partners, something that some of his prosecutor colleagues did not. Many young federal prosecutors are arrogant and insecure—paradoxically full of confidence and fear that they’ll screw up. These prosecutors often take it out on the agents, barking orders and making menial and abusive demands. Goldman was cool. He’d already worked as a county prosecutor for nearly a decade, following detectives to crime scenes, and he had earned a healthy respect for investigators, whether local cops or federal agents. I’d learned this when we worked our first case together back in 1989, a high-profile armored-car investigation, when I’d been a rookie. Since then, I’d kept returning to him with property theft cases, steadily creating a specialty. First came the jewelry store robberies, then an antique-show heist, and now, the Moche backflap.
THE JERSEY TURNPIKE meeting had gone well, but I didn’t get too excited. Start daydreaming about indictments and press conferences, you might get yourself killed.
Was I on the cusp of rescuing a South American treasure? And if so, would anyone notice? In the late 1990s, the FBI’s focus was squarely on another South American commodity, cocaine. While my supervisors and the public had certainly applauded when I arrested the thugs for robbing jewelry stores, I didn’t know how they’d react if we rescued a piece of stolen history, an antiquity that wasn’t even American. Would anyone care?
If I recovered the backflap and received a tepid reaction, it wouldn’t bode well for my fledgling career as an art crime sleuth.
I also had another worry—that Garcia might be trying to sell me a fake. And I had good reason to be suspicious.
Three years earlier, I knew, Garcia had offered to sell the backflap for $1 million to a New York art broker named Bob Smith. I also knew that Smith believed he was close to closing the deal. As a sign of good faith, Smith even made a preliminary deal, paying Garcia $175,000 cash for an ancient Peruvian headdress. But as the months passed, Garcia kept backing out of the backflap deal, coming up with lame excuses, irritating the already crusty dealer. Garcia tried to buy time, offering Smith a series of paintings and antiquities that the dealer rejected as insulting fakes. Smith shrugged it off for a while, but when Garcia tried to peddle a bogus Monet, Smith exploded, saying he’d run out of patience: Get the backflap or get lost. Garcia stopped calling.
I knew all of this because “Bob Smith” was really Bob Bazin. Smith was the name my mentor used when he worked undercover.
Bazin’s gruff art-broker shtick wasn’t my style, but it worked for him. When he retired with the backflap case still unresolved in early 1997, the FBI made two fortuitous decisions. First, supervisors decided not to charge Garcia with the illegal headdress sale; they thought it might spoil a related case, so they let him get away with it (along with the $175,000 the smuggler pocketed). As far as Garcia knew, Smith/Bazin was still looking to buy the backflap. Second, the bureau kept Bazin’s undercover phone number active, just in case.
Then, late in the summer of 1997, out of the blue, Garcia called Smith’s undercover number. An FBI operator passed the message to me; I found Bazin at his condo on the Jersey Shore and asked him to call Garcia back. The retired FBI agent fell back into his ornery covert role and lit into Garcia. He called him a joker, a poseur, a liar—a guy who made outlandish promises, then vanished for years. Bazin screamed that he didn’t have time to deal with Garcia, that he was sick and about to undergo triple bypass surgery. Still, he added…
“I don’t know why I should do this for you, but I’ll give your name to my associate, Bob Clay. Maybe he’ll call you.”
Grateful and profusely apologetic, Garcia thanked Smith/Bazin.
Within a week, Garcia and I were negotiating a sale by phone. He demanded $1.6 million, and though the price wasn’t too important—I never intended to pay—I needed to draw him out and collect as much evidence as possible. I asked for more information and he said he would mail me a package. Perfect, I thought. Use of the mails to commit a fraud is mail fraud, a serious federal crime. So even if the deal fell through, I’d have him on that charge.
Garcia’s package arrived a few days later.
August 14, 1997Dear Mr. Clay,Enclosed please find the information you requested on the backflap. The culture of the piece is Moche. The antiquity is approximately 2,000 years old. The weight is approximately 1300 grams, length 68 centimeters and width 50 centimeters. For your review, I also enclosed pictures and two National Geographic magazines that further explain the piece. Please do not hesitate if you need any further information.Sincerely,Denis Garcia