The dating of an object by the study of radioactive decay of carbon-14 has had little application in the detection of art forgery because of the large quantities of material that must be destroyed. Thermoluminescent dating is based on the slight damage to all matter, including clays, by the faint nuclear radiation present in the earth. Magnetic dating of ceramic objects is based on the slow but perceptible shift of the earth’s magnetic field over the centuries.
Of the 10 civil lawsuits brought against Ann Freedman and Knoedler Gallery, six have been settled out of court for undisclosed sums, including Domenico de Sole's case, over that fake Mark Rothko. As for Ann Freedman, she is back in the art business. She has opened another gallery and is once again selling paintings just a few doors down from her old gallery in New York City.
Further complicating matters, following Man Ray's death, control of printing copyrights fell to his widow, Juliet Man Ray, and her brother, who approved production of a large number of prints that Man Ray himself had earlier rejected. While these reprints are of limited value, the originals, printed during Man Ray's lifetime, have skyrocketed in value, leading many forgers to alter the reprints, so that they appear to be original.
Every work of art carries with it not only the history of its creator, but of its owners as well. Provenance—the record of ownership for a work of art—provides important documentation explaining who, at various points in history, owned the painting, sculpture or artifact at hand. This is an especially important issue for museums, who pay careful attention to provenance to confirm the authenticity of a work of art and its rightful ownership.
Price fluidity is one of the key advantages of using artwork for money laundering. Coupled with a lack of a regulatory body authorized to oversee the value of art, pricing art is effectively a free-for-all. For example, after 9/11, Americans yearned for nostalgia, including Norman Rockwell paintings. Some of his folksy paintings tripled in value — from $15 million in 2006 to $45 million seven years later.
Of course, certain countries already impose AML regulations on the art world. The European Union Commission issued its 5th Anti-Money Laundering Directive in June 2018, which must be implemented by Member States by January 2020, and which in part expands its coverage of “obliged entities” to persons trading in art, acting as intermediaries in the trade of art, or storing art in freeports, if the value of the transaction or a group of linked transactions equals €10,000 or more. In the United States, although the BSA already applies to dealers in precious metals, stones and jewels, and thereby requires them to file Suspicious Activity Reports and comply with other AML obligations, no such rules currently apply to U.S. dealers in art.
The hardest deception to detect is usually one that has been made recently. The forgery is a product of the time in which it was made, and the forger is closer to current understanding of the artist or period forged. The forgery, therefore, is often more appealing than a genuine work of art. As a forgery ages, viewpoints and tastes shift, and there is a new basis of understanding. Consequently, a forgery rarely survives more than a generation.
This scam works for the scammer because the transaction will take time due to the distance involved for both parties. To the unwary artist, the credit card transaction will go through, the art is shipped, only for the artist to find out later that credit card number was stolen and or that the check was no good and that the artist will not be receiving their funds. Then as a consequence of all this, the artist is out of their art and the costs involved, plus the cost of the shipping.
Four people, including a Saudi prince, were recently indicted on narcotics charges in Miami. The indictment cites one of the defendants with money laundering and seeks forfeiture of two works of art in connection with the deal. The oil paintings, seized by the U.S. in New York, are "Bandits attacking a coach" attributed to Francisco de Goya and "Buste de jeune" attributed to Tsuguharu Foujita. Both works are also known by other titles. The indictment charges one José Maria Clemente with financial transactions designed to conceal the source of illegal drug proceeds.
← The crate went through customs with a valuation of $100, though it contained Basquiat’s 1982 painting Hannibal (commodities valued under $200 aren’t required to be declared at customs.) The painting had been bought and shipped by Brazilian Banker Edemar cid Ferreira in an elaborate scheme to launder over $50 million that was illegally obtained when Ferreira’s bank, Banco Santos, went bankrupt.
The laws of supply and demand dictate that there will be no end to the growing commercial value for a limited number of great works of art; and as long as those who deal in the commercial aspects of art — galleries, art dealers, auction houses and the media — are involved as the arbiters of criteria in judging art, market prices will continue to rise and art forgery will proliferate.
Speaking on the sidelines of the Art Business Conference, Pierre Valentin, head of the art law practice at London law firm Constantine Cannon, said laundering illicit funds through the art market was seductive because purchases at auctions "can be anonymous and it's a moveable asset. You can put the art on a private plane and take it anywhere. Plus there is no registration system for art."
Finally, under Guideline 6, the AML Guidelines provides that art businesses must maintain adequate records of their due diligence efforts. Perhaps stating the obvious, but perhaps also implicitly acknowledging the existence of practices by certain dealers, the AML Guidelines observe that “[a]ll documents issued by an Art Business in connection with a transaction (e.g. valuations, sale and purchase agreements, invoices, shipping documents, import / export declarations etc.) should be true, accurate and contemporaneous and represent the honestly held professional opinions of the Art Business.” Likewise, dealers “should refuse all requests from clients to alter, back date, falsify or otherwise provide incomplete or misleading documentation or information relating to a transaction. If there are legitimate reasons for altering a document (e.g. invoicing error etc.) the circumstances and justification should be fully documented and retained on file for future reference and audit.”
John (American, 1777-1851) and Hugh (American, 1781-1830) Finlay, Card Tables in the Neo-Classical Taste, c. 1825, Mahogany, maple, pine, and poplar, painted and paint-grained rosewood, and gilded, with gilt-brass toe caps and castors and die-stamped rosettes, and red velvet in the wells, 28 7/8 x 35 7/8 x 17 ¾ in. (73.34 x 91.12 x 45.09 cm), Mr. and Mrs. Robert J. Barber Art Fund, 2016.3-.4.
Scientific research is generally held to be of good provenance when it is documented in detail sufficient to allow reproducibility. Scientific workflow systems assist scientists and programmers with tracking their data through all transformations, analyses, and interpretations. Data sets are reliable when the process used to create them are reproducible and analyzable for defects. Current initiatives to effectively manage, share, and reuse ecological data are indicative of the increasing importance of data provenance. Examples of these initiatives are National Science Foundation Datanet projects, DataONE and Data Conservancy, as well as the U.S. Global Change Research Program. Some international academic consortia, such as the Research Data Alliance, have specific group to tackle issues of provenance. In that case it is the Research Data Provenance Interest Group.
Price flexibility in the art world is just one of the many advantages for a certain subset of the criminals — money launderers. Other advantages include portability, lack of a paper trail, anonymity, and no regulations. Artwork is lightweight compared to other valuables, like gold and cash. Artwork is bought and sold with minimal paperwork, unlike real estate. Artwork purchases can be anonymous, unlike everything else.
Art Businesses should also consider the form of the transaction, such as whether the transaction is taking place through intermediaries, face to face, entirely via the Internet, over the phone, or by any other similar non face to face means. In some circumstances, depending on the nature, value and/or geographic location of the transaction, enhanced due diligence may be appropriate.
Archaeologists ... don't care who owned an object—they are more interested in the context of an object within the community of its (mostly original) users. ... [W]e are interested in why a Roman coin turned up in a shipwreck 400 years after it was made; while art historians don't really care, since they can generally figure out what mint a coin came from by the information stamped on its surface. "It's a Roman coin, what else do we need to know?" says an art historian; "The shipping trade in the Mediterranean region during late Roman times" says an archaeologist. ... [P]rovenance for an art historian is important to establish ownership, but provenience is interesting to an archaeologist to establish meaning.
While the detection of the careful forger may require an expert, forged literary autographs can often be detected by anyone taking the trouble to compare them with an authentic example. Many collectors have been deceived by their own credulity, because they wished to believe that they were getting a good bargain and subconsciously suppressed their critical faculty. A classic case is that of the French forger Vrain-Denis Lucas, who sold a collection of forgeries including a letter of St. Mary Magdalene, written in French on paper made in France.
You might have seen his stuff in New York’s Metropolitan Museum or in the Hermitage in Lausanne…to name just a couple. You can also see them in the homes of the one percent. Actor Steve Martin bought this one. Beltracchi’s forgeries have also made it into art books listing the best paintings of the 20th century and have been sold in many of the world’s top auction houses.
The commonest motivation for fraudulence is monetary gain. Fraudulence is most likely to occur when the demand for a certain kind of work coincides with scarcity and thus raises the market prices. Unprincipled dealers have encouraged technically skilled artists to create forgeries, occasionally guiding them to supply the precise demands of collectors or museums. This is by no means a modern phenomenon: in the 1st and 2nd centuries ad, sculptors working in Rome made replicas of Grecian works to satisfy the demands for the greatly admired Grecian sculpture of the preceding five centuries. These copies or adaptations apparently were not offered as contemporary work but as booty from Greece at the extraordinarily high prices paid for such works in imperial Rome. Similar circumstances may account for the “discovery” of a manuscript or autograph by a dead author or composer, although many such finds are quite legitimate and have been authenticated.
Our current market, geared toward the ultra-wealthy, is helping few and hurting many. It stomps down all the emerging and midlevel dealers, artists, curators and even collectors who can’t play in the big-money game. It’s also hurting all the art lovers, current and future, who deserve work that’s conceived to address artistic issues, not to sell well to robber barons. If forgers can help burst our art bubble, blessings be upon them.
The provenance of works of fine art, antiques and antiquities is of great importance, especially to their owner. There are a number of reasons why painting provenance is important, which mostly also apply to other types of fine art. A good provenance increases the value of a painting, and establishing provenance may help confirm the date, artist and, especially for portraits, the subject of a painting. It may confirm whether a painting is genuinely of the period it seems to date from. The provenance of paintings can help resolve ownership disputes. For example, provenance between 1933 and 1945 can determine whether a painting was looted by the Nazis. Many galleries are putting a great deal of effort into researching the provenance of paintings in their collections for which there is no firm provenance during that period. Documented evidence of provenance for an object can help to establish that it has not been altered and is not a forgery, a reproduction, stolen or looted art. Provenance helps assign the work to a known artist, and a documented history can be of use in helping to prove ownership. An example of a detailed provenance is given in the Arnolfini portrait.
The potential role of high-end art and antiquities in money laundering schemes has attracted increasing attention over the last several years, particularly as the prices for such objects steadily rise and a tightening global enforcement and regulatory net has rendered other possible avenues for money laundering increasingly less attractive. The effort to subject U.S. dealers in art and antiquities to Anti-Money-Laundering (“AML”) obligations recently has gained new life. As we blogged, the House Financial Services Committee just released three proposed bills to codify many of the reform ideas that have been swirling around the Bank Secretary Act (“BSA”) and AML and Combating the Financing of Terrorism (“CFT”) laws. One of the bills — entitled as the “To make reforms to the Federal Bank Secrecy Act and anti-money laundering laws, and for other purposes” — catalogues various detailed provisions seeking to reform the BSA and AML laws. Nestled admist all of the other, generally higher-profile proposals (such as the creation of a BSA whistleblower program), one short section of this bill simply expands the list of defined “financial institutions” covered by the BSA to include “dealers in art or antiquities,” and then states that the Secretary of the Treasury shall issue implementing regulations within 180 days of the bill’s enactment.
French artist Orlan sued American pop star Lady Gaga for forgery after the release of the 2011 hit video “Born This Way,” but ultimately lost her case. Orlan pointed out similarities to her piece Bumpload (1989), in which she added prosthetic ridges to her face, and Woman With Head (1996), which featured a decapitated head on a table. After losing her $31.7 million lawsuit, Orlan was ordered to pay the singer and her record label €20,000 ($22,000)
New England Glass Works (American, 1818-1888), Black-Amethyst Sinumbra Lamp, 1830-1835, Translucent dark amethyst glass appearing black, pressed, with patinated copper alloy (brass) fittings and iron alloy lamp mechanism, a blown transparent colorless glass shade, ground and wheel-cut, and a transparent blown glass chimney (replaced), 17 1/2 in., 2016.214.
Art forgery dates back more than two thousand years. Roman sculptors produced copies of Greek sculptures. Presumably[clarification needed] the contemporary buyers knew that they were not genuine. During the classical period art was generally created for historical reference, religious inspiration, or simply aesthetic enjoyment. The identity of the artist was often of little importance to the buyer.
To sum up, the Times muddles the very different issues of ensuring the integrity of works of art—the authenticity question—which is real and requires an entity that can work with owners who want to maintain their anonymity for legitimate reasons with the issue of beneficial ownership—which is less pressing with art because it is relatively rare and covered by the parallel system of KYC run by the banks the auction houses rely upon to vouch for their clients’ ability to afford the works they want to buy.
They invented a story that fooled them all. Helene said her grandfather hid his art collection at his country estate in Germany before the war to protect it from the Nazis. When he died, she said, she inherited it. But there was nothing to inherit, because there had never been a collection. Every one of the works had been painted by Wolfgang Beltracchi.
It is important to note that objects identified as containing a Nazi-era provenance are not assumed to have been looted during the Nazi era or to have been acquired illegally. Rather, by making this information available to the public, the Nelson-Atkins provides an opportunity for additional information to be made available and fulfills its mission to steward responsibly the collections in its care.
Provenance – also known as "custodial history" – is a core concept of archival science and archival processing. The term refers to the individuals, groups, or organizations that originally created or received the items in an accumulation of records, and to the items' subsequent chain of custody. The principle of provenance (sometimes also termed the principle of archival integrity or respect des fonds) stipulates that records originating from a common source (or fonds) should be kept together – where practicable, physically; but in all cases intellectually, in the way in which they are catalogued and arranged in finding aids. Conversely, records of different provenance should be preserved and documented separately. In archival practice, proof of provenance is provided by the operation of control systems that document the history of records kept in archives, including details of amendments made to them. The authority of an archival document or set of documents of which the provenance is uncertain (because of gaps in the recorded chain of custody) will be considered to be severely compromised.
The primary purpose of tracing the provenance of an object or entity is normally to provide contextual and circumstantial evidence for its original production or discovery, by establishing, as far as practicable, its later history, especially the sequences of its formal ownership, custody and places of storage. The practice has a particular value in helping authenticate objects. Comparative techniques, expert opinions and the results of scientific tests may also be used to these ends, but establishing provenance is essentially a matter of documentation. The term dates to the 1780s in English. Provenance is conceptually comparable to the legal term chain of custody.
Following these professional museum standards, TMA periodically reviews its holdings and occasionally deaccessions a select few works of art, based on what will enhance the entire Museum collection. The funds realized from deaccessioning are used solely to improve TMA’s collection through the purchase of new art, in compliance with the Association of Art Museum Directors (AAMD) Professional Practices in Art Museums (see here), the American Alliance of Museums (AAM) Code of Ethics (see the most recent update to AAM’s guidelines here) and the International Council of Museums (ICOM) Code of Ethics (see here).
As the trial nears, a few facts are certain. Rosales sold fraudulent art; after pleading guilty to nine counts that include wire fraud and money laundering, she agreed to cooperate in the investigation and is awaiting sentencing. Her boyfriend Bergantiños was arrested in Spain and remains there. Pei-Shen, who brilliantly forged work by the most lauded artists of the 20th century, is on the loose and untouchable somewhere in China.