However, federal criminal prosecutions against art forgers are seldom brought due in part to high evidentiary burdens and competing law enforcement priorities. For example, internet art frauds now appear in the federal courts' rulings that one may study in the PACER court records. Some frauds are done on the internet on a popular auction websites. Traces are readily available to see the full extent of the frauds from a forensic standpoint or even basic due diligence of professionals who may research matters including sources of PACER / enforcing authority records and on the internet.
* An illustration of the art taken from an old auction catalog without the accompanying description does not constitute valid provenance unless the auction house is or was able to demonstrate beyond doubt that the art was by the artist in question. For example, the auction house may have sold it as "attributed" to the artist. Again, get a copy of the actual auction catalog or read the full listing online to see how the art was described and represented.

   Some criterion for judging the monetary value for all this art was needed, and the most readily available one was the identity of the artist. First, this took the form of mark on the work, and later a signature. As the demand for fine art far exceeded the supply, misuse of these marks and signatures became rampant. Controlling legislation was enacted as it always is whenever commerce enters the picture, and the formerly respected tradition of copying art became art forgery.
Some of the 20th century’s most important creators set out to undermine ideas of unique, authentic, hand-touched works of art. Precisely 100 years ago, when Marcel Duchamp began presenting store-bought bicycle wheels, urinals and bottle racks as ready-made sculptures, he was also inviting others to buy and show similar masterworks. A half-century later, Andy Warhol was famously freewheeling when it came to notions of authenticity: You could never tell, and weren’t supposed to know, how much if any of a Warhol painting had actually been made by him versus by some acolyte in his art Factory. (In interviews, Warhol would sometimes attribute his works to others even when he’d executed them himself.) The art market can’t stand the slippages such ideas introduce, and insists on selling Warhols and Duchamps the way you’d sell a Lincoln autograph. Forgers, on the other hand, help preserve modern art’s productive uncertainty.
Art specialists with expertise in art authentication began to surface in the art world during the late 1850s. At that time they were usually historians or museum curators, writing books about paintings, sculpture, and other art forms. Communication among the different specialties was poor, and they often made mistakes when authenticating pieces. While many books and art catalogues were published prior to 1900, many were not widely circulated, and often did not contain information about contemporary artwork. In addition, specialists prior to the 1900s lacked many of the important technological means that experts use to authenticate art today. Traditionally, a work in an artist's "catalogue raisonné" has been key to confirming the authenticity, and thus value. Omission from an artist's catalogue raisonné indeed can prove fatal to any potential resale of a work, notwithstanding any proof the owner may offer to support authenticity.[20]
At $8.3 million, it was the most expensive painting that the De Soles — the chairman of Tom Ford International and his socialite wife — had ever purchased, but they were getting what one source calls “a pretty sweet deal.” Weeks before the sale closed, a work by Rothko sold for $17,368,000 at Sotheby’s. Knoedler drew up a warranty of “authenticity and good value,” and the De Soles proudly hung Rothko’s “Untitled 1956” inside their luxurious Hilton Head, SC, home.
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.
We take the stewardship and integrity of our collection seriously, from acquisition to deaccession, and maintain transparency about all of our professional practices. Preserving the world’s cultural heritage is of the utmost importance to collecting institutions. To that end, we publicly share our Collections Management Policy (see here) as well as our commitment to ensuring clear provenance. The donors of the deaccessioned objects or their heirs have been contacted, and none have objected to the sales. And indeed, any future acquisitions made with the funds earned through deaccessioning will acknowledge the original donor in the credit line.
I loved this book, all the art references and the art processes explained here are catnip to me. I love museums and art, therefore any book mixing both its going to my criteria. The only reason I'm not giving it 5 stars is because I hated the main characther personality , (so much so that I was rooting for her to get in trouble) but I guess all is well that ends well!!! :) I am completely satisfied with this book!
And in response to Beijing’s strict capital controls which make it illegal for an individual move more than $50,000 out of China per year, wealthy folks from China are turning increasingly to smuggling art out of the country instead. "Items can be bought and sold relatively anonymously, and even when a transaction occurs, complex ownership schemes -- many with a degree of secrecy attached -- are widespread," Paul Tehan of TrackArt, a Hong Kong-based art risk consultancy, told CNN. According to Tehan, senior managers of an art shipping company based in China were arrested for allegedly forging the value of imported art in order to help buyers avoid paying millions in duties.
At times restoration of a piece is so extensive that the original is essentially replaced when new materials are used to supplement older ones. An art restorer may also add or remove details on a painting, in an attempt to make the painting more saleable on the contemporary art market. This, however, is not a modern phenomenon - historical painters often "retouched" other artist's works by repainting some of the background or details.

When addressing the KYC procedures under Guideline 3, the AML Guidelines explain that establishing a client’s risk profile will require an art business to obtain information on the client; understand the purpose and intended nature of the transaction; and understand the client’s source of wealth and how they acquired their art collection.  The AML Guidelines also stress the need to identify beneficial ownership, “even if the contracting client raises confidentiality concerns,” and note that the art business “may also choose to include appropriate warranties and representations in their agreements with their clients to emphasise the importance of this point.”  Further, art businesses should peform due diligence on intermediaries, such as art advisors or brokers, acting for one of the parties to a transaction.

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.

* Get full names and contact information for all galleries or auction houses that the seller claims previously owned the art. If these galleries are still in business, contact them in order to confirm that the information provided by the seller is correct. If none of the galleries or auction houses are traceable, then this may be cause for concern.
It is hard to imagine a business more custom-made for money laundering, with million-dollar sales conducted in secrecy and with virtually no oversight. What this means in practical terms is that “you can have a transaction where the seller is listed as ‘private collection’ and the buyer is listed as ‘private collection,’ ” said Sharon Cohen Levin, chief of the asset forfeiture unit of the United States attorney’s office in Manhattan. “In any other business, no one would be able to get away with this.”
The cringeworthy part of the story is when the Times trots out the continuing battle between Yves Bouvier and Dimitry Rybolovlev to suggest malfeasance because Mr. Bouvier was allowed to sell a work for Mr. Rybolovlev but not pass the money through to his client. The joke here is that Rybolovlev, a Russian who lives in Monaco and banks in Cyprus while engaging is massive art deals and, separately, massive real estate deals, is a guy with the kind of profile that pops red flags in KYC reviews for more detailed review.
Fakes and forgeries in the art world are the stuff of legend, the subject of books, films, and television series the world over. In real life, they land people behind bars. 2016 brought us many unwanted things, but it also appears to have been a year when a huge amount of authenticity disputes took place. The spats took shape from contested provenance, to painters faking their own work, to a multimillion dollar Old Masters scandal. From farce to tragedy, we’ve compiled the highlights of this year’s biggest art forgery scandals below.
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.
Many forgeries still escape detection; Han van Meegeren, possibly the most famous forger of the 20th century, used historical canvasses for his Vermeer forgeries and created his own pigments to ensure that they were authentic. He confessed to creating the forgeries only after he was charged with treason, an offense which carried the death penalty. So masterful were his forgeries that van Meegeren was forced to create another "Vermeer" while under police guard, to prove himself innocent of the treason charges.
This would all just be face-palm silliness on the Times’s part, a reflection of its editorial disconnect between the culture pages and the business staff, if the story didn’t also glide over the real point of what is going on here. The best protected transactions in the art market are those that pass through the auction houses because those firms do the KYC due diligence that squelch money laundering. Auction houses have compliance staff and are easily monitored by the law enforcement which doesn’t crack down on large private transactions that take place through lawyers or dealers.  The Times admits this when they point out that Jho Low passed KYC diligence before it was revealed that he was involved in the 1MDB transactions. After it was revealed, he is no longer able to access art markets through the auction houses.
Jack Flam suggested the paintings be sent for scientific testing to Jamie Martin, one of the world's top forensic art analysts. Martin showed us how he examined one of the fake Robert Motherwells using a stereomicroscope to study every millimeter of the painting's surface, and to select and then remove samples for identification. That's how he detected circular marks in the base layers, indicating an electric sander had been used to remove paint.

Rapid and dramatic rises—and collapses—in price are bad things for money laundering whose sole purpose is to find a relatively stable vehicle to mask the source of funds. Money launderers are not looking to make a profit on their purchases let alone a killing. In fact, a money launderer is willing to take a loss on the vehicle that hides the illicit source of the funds because that is the price of washing the money. If a money launderer buys something with dirty money that has the potential to be unsalable for clean money, it doesn’t work. Art, even some of the world’s best art, is often temporarily unsalable for a variety of real and legitimate reasons.
   Artists have been copying the images and the styles of other artists for thousands of years. Up until around the 16th Century this was a common practice, used to pass down historical, religious and artistic tradition for future generations. Copying the work of others, and particularly the Masters, was a normal part of any artist's academic training. It still is, in major art schools, a normal and required part of an art student's cirriculum.
Jack Flam should know. He is one of the world's top experts in Robert Motherwell and was friends with the artist for years. Robert Motherwell was the youngest of a group of famous American painters that included Jackson Pollock, Mark Rothko and Willem de Kooning, who pioneered a new style of American art known as abstract expressionism. After Robert Motherwell's death, Jack Flam became president of the foundation dedicated to his work, and was assembling a catalogue of all of Motherwell's paintings - what's known as a catalogue raisonne.
Fine examples of pottery and porcelain have always commanded high prices, which have, in turn, encouraged the making of forgeries and reproductions. Since many European factories tried to imitate Italian majolica during the 19th century when it was especially popular, forgeries are common. The work of Urbino, Castel Durante, Faenza, and Gubbio was copied freely, and, to a lesser extent, so were the wares of Orvieto and Florence. Most of these forgeries are not close enough to deceive a reasonably expert eye. Potters used natural deposits the impurities of which, for good or ill, often affected the final result; until recently it has been impossible to procure materials in a pure state. In all but a few isolated instances (some German stoneware reproductions, for example) the forger no longer has access to these original deposits and he has to imitate the effect of the impurities as best he can. Although the best forgeries are often remarkably close to the originals, they are not very numerous.
   Redistribution of the world’s wealth after the Renaissance created an explosive demand for art by a newly educated and prosperous mercantile middle class. Guilds of Master artists and students became virtual factories for art that was produced to fill this demand. The sale of State and Ecclesiastical art collections created new secondary markets in the form of dealers, galleries and auction houses. For the first time in history, art became a commercial commodity.
Despite having the means to own the original, one American multimillionaire has opted to hang a forged Renoir in his home while the real thing hangs prominently at a major museum. The man in question is not President Donald Trump, who recently made headlines with his claim of owning Renoir’s 1881 Two Sisters (On the Terrace), despite the painting being part of the Art Institute of Chicago’s permanent collection, but Henry Bloch, the Kansas City–based cofounder of tax preparation firm H&R Block.
The ownership history of a work of art is of fundamental importance for all those involved in the collecting, exhibiting and study of art, for determining both attribution as well as legal title. Recent ownership claims by heirs of Holocaust victims whose art works were looted or otherwise misappropriated during the Nazi-era, and also claims by foreign “source” countries for objects they believe were exported in violation of patrimony or export laws, underscore the importance of provenance research. 
Despite all the studies and technical tests available, forgeries will still be made. The 20th-century art forger is far better equipped and much more knowledgeable than his predecessor. The demand for rare works of art has increased, and he will attempt to supply them. In collecting, whether by the private collector or by a museum, there comes a point when, after all the studies and all the tests are conducted, a decision has to be made as to whether or not to purchase a piece in question. The element of risk can be minimized but not eliminated. At this point, the collector should be ready to back his opinion with the purchase price. In order to acquire great pieces, particularly from newly discovered and relatively unknown cultures, it is necessary to take a calculated chance. The collector who has never bought a forgery probably has never bought a great piece of art.
The indictment says that Sack and Katzen promoted themselves as fine art dealers who were "capable of selling various works of art to be paid for in cash, as a way to launder money earned through illegal drug trafficking. The pair "offered to resell overseas any works of art first sold by them," the indictment says. One of the acts alleged as part of the conspiracy was the purchase of a cash-counting machine to sort out any counterfeit bills from the millions the pair expected to receive, the indictment says. The conspiracy took place in New York, Connecticut and Massachusetts, the U.S. says.
Despite those advances, the detection of fraudulent art remains a complex undertaking. It is particularly difficult to weed out forgeries in the work of modern artists whose large numbers of works and superstar statuses make them especially attractive to those who commit fraud. Pablo Picasso, for example, was a prolific artist, creating a huge number of works on canvas and on paper as well as sculptures and ceramics. Considering his vast output and the varying styles and media in which he worked, scholars have had difficulty establishing a definitive corpus for him. The prestige associated with owning a Picasso and the difficulty of attribution, especially for a drawing, made and continues to make fraudulent representations of his work hard to police.
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