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.


Regardless of whether this provision ultimately is enacted, the underlying issue will persist.  This post discusses some of the general concerns that the art and antiquities world can be misused as a conduit for dirty money.  We then discuss the AML Standards for Art Market Operators proposed by the Basel Institute on Governance, and similar standards set forth by the Responsible Art Market, both of which attempt to set forth a framework for those in the business of trading art to mitigate their money laundering risks.

More typically, provenance will be scrutinized where questions of authenticity arise. A few years back, an issue arose concerning the authenticity of a century-old sculpture attributed to a 20th-century artist of iconic stature. The work was sold to a prominent collector through an auction house with a certificate of authenticity from a qualified and appropriately-credentialed scholar of the artist’s work. According to the provenance provided at the time of sale, the work had been acquired in Paris after World War II by an art history professor from an Ivy League university. When questions of authenticity arose several years later, an Internet search and a few telephone calls to the university revealed that no such art history professor ever existed. Also left off the provenance was the fact that just months prior to the multi-million dollar sale to the prominent collector, the work had been purchased from an obscure antique store owned and operated by someone who had served jail time for art insurance fraud. Had these “errors and omissions” in the provenance been discovered at the time of the sale, the sale itself and several years of costly litigation would have been avoided.
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.
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.

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.
Art forgery may also be subject to civil sanctions. The Federal Trade Commission, for example, has used the FTC Act to combat an array of unfair trade practices in the art market. An FTC Act case was successfully brought against a purveyor of fake Dalí prints in FTC v. Magui Publishers, Inc., who was permanently enjoined from fraudulent activity and ordered to restore their illegal profits.[28][29] In that case, the defendant had collected millions of dollars from his sale of forged prints.
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
   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.
For museums and the art trade provenance has increasingly important, not just in the older way where establishing the authorship and authenticity of an object was the main concern, but in establishing the moral and legal validity of its chain of custody, given the increasing amount of looted art. This first became a major concern regarding works that had changed hands in Nazi-controlled areas in Europe before and during World War II. Many museums began compiling pre-active registers of such works and their history. Recently the same concerns have come to prominence for works of African art, often exported illegally, and antiquities from many parts of the world, but currently especially in Iraq, and then Syria.[2]

Ultraviolet rays readily reveal additions or alterations to a painting, since the varnish layers and some of the paint layers fluoresce to different colours. Ultraviolet is also used in the examination of marble sculpture. Old marble develops a surface that will fluoresce to a yellow-greenish colour, whereas a modern piece or an old surface recently recut will fluoresce to a bright violet. Infrared rays can penetrate thin paint layers in an oil painting to reveal underpainting that may disclose an earlier painting on the same canvas, or perhaps a signature that has been painted out and covered by a more profitable one. X rays are used to examine the internal structure of an object. A carved wooden Virgin supposedly of the 15th century but revealing modern machine-made nails deep inside is obviously a fraud. A forger usually works for the surface effect and is not concerned with the internal structures.
If a painting has been in private hands for an extended period and on display in a stately home, it may be recorded in an inventory – for example, the Lumley inventory.[14] The painting may also have been noticed by a visitor who subsequently wrote about it. It may have been mentioned in a will or a diary. Where the painting has been bought from a dealer, or changed hands in a private transaction, there may be a bill of sale or sales receipt that provides evidence of provenance. Where the artist is known, there may be a catalogue raisonné listing all the artist's known works and their location at the time of writing. A database of catalogues raisonnés is available at the International Foundation for Art Research. Historic photos of the painting may be discussed and illustrated in a more general work on the artist, period or genre. Similarly, a photograph of a painting may show inscriptions (or a signature) that subsequently became lost as a result of overzealous restoration. Conversely, a photograph may show that an inscription was not visible at an earlier date. One of the disputed aspects of the "Rice" portrait of Jane Austen concerns apparent inscriptions identifying artist and sitter.[15]

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.
In recent weeks, the art world has been rocked by perhaps the biggest forgery scandal to hit the art world since Van Meegeren’s unmasking. The extent of the Old Master forgery ring is as of yet unknown, but Sotheby’s has already issued a refund to the buyer of a $10 million Frans Hals portrait, sold in 2011 in a private sale through London dealer Mark Weiss. James Martin’s Orion Analytical, a Williamstown, Massachusetts-based company which investigates artworks, found modern-day materials in the canvas, proving it to be a forgery.
Stylistic analysis is subjective: it rests on the astute eye of the art historian. Each artist has a style, a flair, a verve unique to himself, and this can be recognized. His style will undergo change throughout his career, and this, too, can be stylistically analyzed and documented from his known works. When an unknown work purporting to be by a certain artist is discovered, the art historian attempts to fit it into the overall body of works by this artist. The subject matter, the brushwork, the choice of colours, and the type of composition are all consistent elements in a given artist’s production. Any variation immediately arouses suspicion. When the idiosyncrasies of an artist’s brushwork are studied, a fraud can sometimes be detected in much the same way a handwriting forgery is proven. In ancient works, particularly in antiquities, the scholar must examine the iconography of a piece. Forgers rarely have the scholarly background to combine iconographic elements correctly, and their errors often betray them.

No forgery to attain recognition is better known than the “Thomas Rowley” poems of Thomas Chatterton (1752–70), which the youthful author attempted to pass off as the work of a medieval cleric. These poems, which caused a scholarly feud for many years, were influential in the Gothic revival. Chatterton, however, enjoys a place in English letters as a creative genius in his own right. The more conventional forger William Henry Ireland (1777–1835) cheerfully manufactured Shakespearean documents until his forged “lost” tragedy Vortigern and Rowena was laughed off the stage at the Drury Lane Theatre, London, in 1796. More fortunate was Charles Bertram, who produced an account of Roman Britain by “Richard of Westminster,” an imaginary monk. Bertram’s dupe, the eccentric antiquary Dr. William Stukeley, identified the monk with the chronicler Richard of Cirencester, known to have resided at Westminster in the 14th century. Bertram’s forgery (cunningly published in a volume containing the works of two genuine ancient authors, Gildas and Nennius) had an enormous influence upon historians of Roman Britain, lasting into the 20th century. Equally influential were the Ossianic poems of James Macpherson (1736–96), which influenced the early period of the Romantic movement. To what degree Macpherson’s poems are to be regarded as spurious is not certain. Denounced in his own day they were possibly, as he claimed, based upon a genuine oral tradition of Scottish Gaelic poetry; but there can be little doubt that they were carefully edited and interpolated by their collector.

Art history is rife with high profile scams, such as that of Han van Meegeren, a disillusioned painter who developed a complicated system of baking his Old Master-style work to age it, and subsequently sold $60 million in fake Vermeers to world class museums and Nazi leader Hermann Göring during the late 1930s and early 1940s. (While current art historians are quick to slam his work as obviously inferior, Van Meegeren actually had to paint a “new” Vermeer at trial to prove he had not sold the Nazis a priceless original.)


Forgeries again came into play at Turkey’s State Art and Sculpture Museum in Ankara, where a group of museum officials and criminals are believed to have teamed up to steal some 302 works from the institution between 2005 and 2009. The crime was discovered in 2012, when the museum realized that 46 pieces in the collection had been replaced by copies. Another 30 works also raised suspicion.
Once purchased, the art can disappear from view for years, even decades. A lot of the art bought at auctions goes to freeports – ultra-secure warehouses for the collections of millionaires and billionaires, ranging from Picassos and gold to vintage Ferraris and fine wine. The freeports, which exist in Switzerland, Luxembourg and Singapore, offer a variety of tax advantages because the goods stored in them are technically in transit. The Economist magazine reported that the freeport near the Geneva airport alone is thought to hold $100-billion (U.S.) of art.
Conventional X-ray can be used to detect earlier work present under the surface of a painting (see image, right). Sometimes artists will legitimately re-use their own canvasses, but if the painting on top is supposed to be from the 17th century, but the one underneath shows people in 19th-century dress, the scientist will assume the top painting is not authentic. Also x-rays can be used to view inside an object to determine if the object has been altered or repaired.
The provenance is listed in chronological order, beginning with the earliest known owner. Life dates of owners, if known, are enclosed in brackets. Uncertain information is indicated by the terms “possibly” or “probably” and explained in footnotes. Dealers, auction houses, or agents are enclosed in parentheses to distinguish them from private owners. Relationships between owners and methods of transactions are indicated in the text and clarified through punctuation: a semicolon is used to indicate that the work passed directly between two owners (including dealers, auction houses, or agents), and a period is used to separate two owners (including dealers auction houses or agents) if a direct transfer did not occur or is not known to have occurred. Footnotes are used to document or clarify information.
Sorry, could not care if Claire was successful or not. I know we were supposed to be sympathetic toward her, why else for the youth prison volunteerism, but she was too untrustworthy. When I read it, it appeared as if she knew all along that she was making a forgery so that Aidan could sell it as the original but by the end of the book she had miraculously convinced herself that all she was doing was making a copy of a copy and that isn’t a crime. Of course she had her penance of never knowing i ...more
The Responsible Art Market, or RAM, is an industry-supported not-for-profit organization which describes itself as ‘”[r]aising awareness of risks faced by the art industry and providing practical guidance on establishing and implementing responsible practices to address those risks.”  On its website, RAM provides both an Art Transaction Due Diligence Toolkit, as well as Guidelines on Combatting Money Laundering and Terrorist Financing (“AML Guidelines”).  The AML Guidelines are similar to the protocols set forth by the Basel Institute, but provide slightly more concrete detail.  They set forth eight basic principles:
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.
An essay by Alexander Nagel, a professor of Renaissance art at the Institute of Fine Arts in New York, argues that “forgery” is a concept that barely existed in Western art before around 1500, when the art market was invented and a new cast of players who came to be known as “dealers,” “collectors,” “connoisseurs” — and forgers — was born. Before that moment a copy could stand in perfectly well for an earlier work of art, so long as it transmitted the same “essential content,” as Mr. Nagel puts it, and could fill the same religious or commemorative functions. When a great Byzantine icon was copied, the new version was felt to have the same relationship to its divine subject as the older one, and so could do the same cultural work. What would it mean to “forge” a picture, in a world where originals and copies could be interchanged?
Well, they are. In 2014, Texas business man Phillip Rivkin was charged with 68 counts of fraud after using millions of dollars worth of photographs to launder money. He had made over $78 million through fraudulent schemes involving his biodiesel production companies—which didn’t actually produce any biodiesel. Rivkin spent roughly $16 million dollars on 2,200 fine art photographs by artists like Edward Steichen, Alfred Stieglitz, and Edward Weston. Works included Edward Weston’s Dunes, Oceano, a gelatin silver print that Rivkin purchased from Sotheby’s for $134,500 and another vintage gelatin silver contact print by Alfred Stieglitz, From the Shelton, West. Rivkin wired Camera Lucida, the seller of the photograph, $150,000 to purchase it.

This essay addresses provenance issues in the context of a sale. Of course the provenance of a piece is an important factor in determining its authenticity, but how important to the seller and buyer is knowing that, for example, there were three private owners between the artist and the current owner. If one of those owners was Paul Mellon or a major museum, it might be very important. And, have the buyer and seller made that importance clear in their sale agreement?

Of course, beyond AML-related process concerns, any art dealer — just like any business person — always must remember that just about any financial transaction that involves proceeds known to have originated from illegal activity represents a criminal money laundering offense.  Stated otherwise, even if the BSA is not expanded to include dealers in art and antiquities, those in the U.S. art industry still need to bear in mind, in extreme examples, the omnipresent federal criminal code.  Sometimes, the provenance of the funds can be more critical than the provenance of the art.


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Provenance trials, where material of different provenances are planted in a single place or at different locations spanning a range of environmental conditions, is a way to reveal genetic variation among provenances. It also contributes to an understanding of how different provenances respond to various climatic and environmental conditions and can as such contribute with knowledge on how to strategically select provenances for climate change adaptation.[68]

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.
Once purchased, the art can disappear from view for years, even decades. A lot of the art bought at auctions goes to freeports – ultra-secure warehouses for the collections of millionaires and billionaires, ranging from Picassos and gold to vintage Ferraris and fine wine. The freeports, which exist in Switzerland, Luxembourg and Singapore, offer a variety of tax advantages because the goods stored in them are technically in transit. The Economist magazine reported that the freeport near the Geneva airport alone is thought to hold $100-billion (U.S.) of 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.”
Other paintings are now also implicated, including a Lucas Cranach the Elder, from the collection of the Prince of Liechtenstein, that was seized by French authorities from the Caumont Centre d’Art in Aix in March. An Orazio Gentileschi painting on lapis lazuli, also sold by Weiss, and a purported Parmigianino have been identified as suspect as well. Rumor has it that works by up to 25 different Old Master paintings may be involved. (For a break-down on what we know so far, read “The Frans Hals Forgery Scandal, Explained.”)
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.

The victims of art fraud are the artists who own the works, collectors who are defrauded through purchase of forged works, and museums that may use public or donated money to buy fraudulent works of art or works with a falsified provenance. Countries that lose valuable works of art to the international art market under false pretenses are also subject to art fraud.
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