Forgery most often occurs with works of painting, sculpture, decorative art, and literature; less often with music. Plagiarism is more difficult to prove as fraud, since the possibility of coincidence must be weighed against evidence of stealing. Piracy is more often a business than an artistic fraud; it frequently occurs in the publication of editions of foreign books in countries that have no copyright agreement with the nation in which the work was copyrighted. A stage production, the reproduction of a painting, the performance of a musical composition, and analogous practices of other kinds of works without authorization and royalty payments also fall into this category.
The AML Standards for Art Market Operators (“AML Standards”) are set forth by the Basel Institute on Governance, an independent not-for-profit organization. Not surprisingly, the AML Standards adopt a “risk based” approach to establishing measures to mitigate money laundering risks, and further note that “[s]mall businesses may not have the resources to address money-laundering risks in the same way that large auction houses or major dealers and galleries will have, and may have a different risk exposure.” The AML Standards are intended to apply to everone trading in art objects, and intermediaries between buyers and sellers. They also suggest that service industries supprting the trade in art objects that are already subject to AML laws, like financial institutions, should identify their clients and customers in the art trade “as higher risk as long as there are no internationally applicable standards.”
Occasionally a forger appears with a certain specious glamour like Constantine Simonides (1824–67), a Greek adventurer who varied his trade in perfectly genuine manuscripts with the sale of strange concoctions of his own. Maj. George de Luna Byron, alias de Gibler, who claimed to be a natural son of Byron by a Spanish countess, successfully produced and disposed of large quantities of forgeries ascribed to his alleged father and to Shelley, John Keats, and others. More commonplace is the forgery encountered in the case of the Edinburgh forger A.H. (“Antique”) Smith, who was responsible for forgeries of Robert Burns, Sir Walter Scott, Mary Stuart, and other persons from Scottish literature and history—a feat that ultimately earned him 12 months’ imprisonment.
As previously noted in this Journal, the legal structure we call art law (an amalgam of personal property law, contract, estate, tax, and intellectual property law) supporting the acquisition, retention, and disposition of Fine Art, often fits uneasily with art market custom and practice. The result is that 21st-century art market participants are frequently unsure of their legal rights and obligations.
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.
While pretty much all art could be scandalized, some are more susceptible to scheming than others. Digital artist Daniel Temkin points out that digital art, which doesn’t need to be shipped or stored because it has no physical manifestation, is particularly ripe for your risky business. To make it easy for you, Temkin has created an "online auction house, offering net art by internationally renowned artists and their impersonators" called NetVVorth. The art experiment/tongue-in-cheek criminal resource hosts a series of counterfeit works created by legitimate net artists. “The collection is offered to expose net art as a viable investment to serious collectors by establishing a shadow market, proving its ability to hide illicit profits and transfer them easily around the globe. All works are supplied with provenance papers. All sales are in Bitcoin. The true counterfeiter is identified only to the owner of the piece.” The collection includes roughly 35 works. Pick your favorite. (And if you hate digital art, like most collectors, you can always hire an art consultant who can help you pick out some “reeeeeal” 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.
Less clear is whether the standards that exist in the art world about what should be included in the provenance are followed with any regularity or even can be followed as a practical matter. While theoretically intended to be a “chain of title” that should include every owner of the work since its creation, provenance typically tends to be a non-exclusive listing of interesting facts concerning the background of the work, such as notable former owners (at least those who are willing to have their identities disclosed) and the exhibition of the work at prestigious venues. Should galleries which held the work on consignment be listed? Does a seller have potential liability if the provenance provided to the buyer turns out to be inaccurate in any material respect? What if it is merely incomplete?
At Lowy, collectors interested in hiding their originals in the vault, whether for security purposes, to protect delicate works, or to lower the cost to insure them, can reproduce works without the help of a museum. The company employs both specially trained restoration artists and independent artists in need of a day job to conserve and replicate artworks. The process starts with an extremely high-quality print of a digital image, and then the painstaking application of clear conservators’ gel to simulate brushstrokes. Prices start at about $2,000, while frames tend to quadruple the amount.
At any point in a work of art's history, its authenticity can come into question. Often, art is accompanied by documentation, commonly known as provenance, that confirms its authenticity mainly through ownership history. Good provenance (ownership history) leaves no doubt that a work of art is genuine and by the artist who it is stated to be by or whose signature it bears. Unfortunately, numerous forged or otherwise misrepresented works of art are offered for sale with fake or questionable provenance at online auctions, at fixed-price art websites, and at bricks-and-mortar establishments. But nowhere is the proliferation of art with problematic provenance more pervasive than at online auctions.
“The tax laws in art make it basically legal to not pay taxes on art. If you’re a serious art buyer, you just get a good tax accountant,” former New York-based art consultant Beth Fiore tells Hopes&Fears. “If you show newly purchased works in certain museums then you never have to pay taxes on it.” Edward Winkleman of Winkleman Gallery maintains that his gallery keeps fastidious records of all transactions and pays taxes even on cash sales. But he admits that, “the state generally wouldn't question what is reported.” He also tells us that individual sales don’t need to be reported, only the totals for each quarter. Hypothetically, someone could buy millions of dollars worth of art without the IRS knowing, and then later sell those works for a “legitimate” profit that looks clean on taxes.
The Internet has put a new spin on the old crime. The rise of online banking institutions, anonymous online payment services and peer-to-peer (P2P) transfers with mobile phones have made detecting the illegal transfer of money even more difficult. Moreover, the use of proxy servers and anonymizing software makes the third component of money laundering, integration, almost impossible to detect—money can be transferred or withdrawn leaving little or no trace of an IP address.
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.
Despite being perfectly legal and of exceptionally high quality, art reproductions do carry a stigma. The owner of one faux Picasso recounted the story of how his grandparents, after selling their entire collection, commissioned a major auction house to duplicate each piece as gifts for their grandchildren. He declined to be named. Two sources from Christie’s, who spoke on background, have confirmed that reproduction is a common practice there. And as of press time, the Metropolitan Museum of Art has not returned our request for comment.
There are many ways to launder money, from the simple to the very complex. One of the most common techniques is to use a legitimate, cash-based business owned by a criminal organization. For example, if the organization owns a restaurant, it might inflate the daily cash receipts to funnel illegal cash through the restaurant and into the restaurant's bank account. After that, the funds can be withdrawn as needed. These types of businesses are often referred to as "fronts."
These pesky forgers don’t limit their scams to painting, and are capable of turning their hands to many types of fakery. In the case of this set of six Louis XIV chairs—sold by highly-respected Parisian antiques dealer Kraemer Gallery to the Palace of Versailles itself—it emerged after the sale was made public that there just were not as many chairs in the court of Versailles as there are currently in circulation. The natural conclusion would be that some of the presumed authentic chairs must indeed be fakes.
In the geologic use of the term, provenance instead refers to the origin or source area of particles within a rock, most commonly in sedimentary rocks. It does not refer to the circumstances of the collection of the rock. The provenance of sandstone, in particular, can be evaluated by determining the proportion of quartz, feldspar, and lithic fragments (see diagram).
During the 16th century, imitators of Albrecht Dürer's style of printmaking added signatures to them to increase the value of their prints. In his engraving of the Virgin, Dürer added the inscription "Be cursed, plunderers and imitators of the work and talent of others". Even extremely famous artists created forgeries. In 1496, Michelangelo created a sleeping Cupid figure and treated it with acidic earth to cause it to appear ancient. He then sold it to a dealer, Baldassare del Milanese, who in turn sold it to Cardinal Riario of San Giorgio who later learned of the fraud and demanded his money back. However, Michelangelo was permitted to keep his share of the money.
Some forgers have created false paper trails relating to a piece, in order to make the work appear genuine. British art dealer John Drewe created false documents of provenance for works forged by his partner John Myatt, and even inserted pictures of forgeries into the archives of prominent art institutions. In 2016, Eric Spoutz plead guilty to one count of wire fraud related to the sale of hundreds of falsely attributed artworks to American masters accompanied by forged provenance documents. Spoutz was sentenced to 41 months in federal prison and ordered to forfeit the $1.45 million he made from the scheme and pay $154,100 in restitution.
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.
I confess to being wrapped up in the reading of this book and particularly the art of art forgery Shapiro unmasks. I have often wondered why a painting that has hung for hundreds of years on museum walls and been praised for its style and beauty is not just as valuable and just as precious when it is discovered that it was not painted by one of the greats but by his apprentice. Doesn't the art remain the same. Isn't it just as valuable as art even if it was painted by an unknown? We seem to carr ...more
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There are several maintained and open-source provenance capture implementation at the operating system level such as CamFlow,, Progger for Linux and MS Windows, and SPADE for Linux, MS Windows, and MacOS. Other implementations exist for specific programming and scripting languages, such as RDataTracker for R, and NoWorkflow for Python.
The layout of the book is unconventional, but the material itself is fascinating. This, like the recent movie "Big Eyes" and the works of contemporary artists like Banksy and Koons stimulates the age-old debate of what art "is". Aristotle's definition (pg. 108) seems amazingly accurate over 2,000 years later. Because so much is covered in such a brief manner, it certainly will lead me to more detailed books and primary sources amply provided in Charney's "Selected Bibliography." I find the effects of mass psychology (the willingness to be fooled that greed begets), institutional jealousies, the arrogance of the "connoisseur" class, and the exclusivity of gallerists - all fascinating - and all ample motivation for the revenge of the forgers.
Jack Flam took his information to the FBI's Art Crimes unit, which launched an investigation. In 2013, Glafira Rosales confessed to playing a key role in the multimillion dollar fraud. She is now awaiting sentencing, and told the FBI the forgeries were the handiwork of this man: Pei-Shen Qian, an artist who lived in Queens and painted the works in his garage.
Art forgery. Boston. The Gardner heist. Degas. A woman artist-protagonist. The personal letters of Isabella herself. Even a whiff of Whitey Bulger. This book had all the promising ingredients for something delectable, but unfortunately, the souffle fell flat when the oven door opened up. The main character, starving artist Claire, is an unpalatable combination of hyper-competent artist/forger and a whiny young woman who constantly plays the victim. Not to say that you would never find those trai ...more
Recently, photographs have become the target of forgers, and as the market value of these works increase, so will forgery continue. Following their deaths, works by Man Ray and Ansel Adams became frequent targets of forgery. The detection of forged photography is particularly difficult, as experts must be able to tell the difference between originals and reprints.
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.