The scientific examination of a forged document may demonstrate its spurious character by showing that the parchment, paper, or ink cannot belong to the period to which they pretend. A skillful forger takes care, however, to secure appropriate materials; and in any case, scientific examination will not avail against the contemporary forger, living in the same age as his victim. Accordingly, other tests must be employed.
A recent, thought-provoking instance of potential art forgery involves the Getty kouros, the authenticity of which has not been resolved. The Getty Kouros was offered, along with seven other pieces, to The J. Paul Getty Museum in Malibu, California, in the spring of 1983. For the next 12 years art historians, conservators, and archaeologists studied the Kouros, scientific tests were performed and showed that the surface could not have been created artificially. However, when several of the other pieces offered with the Kouros were shown to be forgeries, its authenticity was again questioned. In May 1992, the Kouros was displayed in Athens, Greece, at an international conference, called to determine its authenticity. The conference failed to solve the problem; while most art historians and archeologists denounced it, the scientists present believed the statue to be authentic. To this day, the Getty Kouros' authenticity remains a mystery and the statue is displayed with the date: "Greek, 530 B.C. or modern forgery".[23]

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.”
Prosecution is also possible under state criminal laws, such as prohibitions against criminal fraud, or against the simulation of personal signatures. However, in order to trigger criminal liability under states' laws, the government must prove that the defendant had intent to defraud. The evidentiary burden, as in all criminal prosecutions, is high; proof "beyond a reasonable doubt" is required.[27]

Sylvia Dugan I started reading it, but found the main character to be too shallow and not very believable. I finally decided to stop reading it after the first 50+…moreI started reading it, but found the main character to be too shallow and not very believable. I finally decided to stop reading it after the first 50+ pages, too many other good books to read.(less)
But to dealers and their clients, secrecy is a crucial element of the art market’s mystique and practice. The Art Dealers Association of America dismissed the idea that using art to launder money was even a problem. “The issue is not an industrywide problem and really does not pertain to us,” said Lily Mitchem Pearsall, the association’s spokeswoman.
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.
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 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.
The United States similarly requires all cash transactions of $10,000 or more to be reported. Still, laundering involving art tends to be handled case by case. Federal prosecutors, who usually discover art-related laundering through suspicious banking activity or illegal transport across borders, have worked closely with other countries and aggressively used their powers under civil law to confiscate art that they can establish is linked to a crime, even in the absence of a criminal conviction.

Recent technology developments have aided collectors in assessing the temperature and humidity history or the wine which are two key components in establishing perfect provenance. For example, there are devices available that rest inside the wood case and can be read through the wood by waving a smartphone equipped with a simple app. These devices track the conditions the case has been exposed to for the duration of the battery life, which can be as long as 15 years, and sends a graph and high/low readings to the smartphone user. This takes the trust issue out of the hands of the owner and gives it to a third party for verification.

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.
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.
According to former art consultant Beth Fiore, people don’t normally buy art with cash in the US; “Cash payments for art happen in Russia [and the] Middle East” more often. So if you’re keeping your fortune under your mattress and don’t live in either of those places, you’ll need to get your money into a bank account without alerting the authorities. One way to do that is by smurfing. Despite the mental image of a blue cartoon character riding a surfboard that you may have conjured, smurfing means depositing money into a bank account or several bank accounts by breaking it up in to many small amounts that are deposited at different times, by different people. US banks must report any deposits over $10,000 to the IRS, so in order to stay sneaky, you’ll need to make a series of deposits that are less than that amount. You can hire “smurfs” to help you, who are often ordinary people willing to make an extra buck by opening up a joint bank account in their name, that you or your company has access to, and depositing money into it every day.
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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.
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.
The guidelines of AAMD state that: “Deaccessioning is a legitimate part of the formation and care of collections and, if practiced, should be done in order to refine and improve the quality and appropriateness of the collection, the better to serve the museum’s mission.” The American Alliance of Museums is even more explicit: “For this [use of institutional resources] and other reasons (e.g., when items are considered redundant, are damaged beyond repair or are of poor quality), deaccessioning is both a logical and responsible collections management policy.” We uphold these professional standards and do so in the service of creating an ever-better museum experience for our public and scholars alike.
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.
Mr. Ellis serves as Director of Business Development and Marketing of AML RightSource. He has over 15 years of experience in business development, marketing, and professional consulting within the healthcare and financial services industries. Mr. Ellis earned his undergraduate degree from Bowling Green State University and obtained his juris doctor from Cleveland State University – Cleveland-Marshall College of Law.
The 2,200 photographs by masters like Alfred Stieglitz, Edward Weston and Edward Steichen — more than could fit into an 18-wheeler — were paid for, court papers say, with some of the $78 million that the authorities say Mr. Rivkin got from defrauding oil companies like Shell, Exxon, and Mobil. Mr. Rivkin, who has not been charged with any crimes, was last thought to be in Spain and had arranged to have the photos shipped there.
However, even this careful process can be faked by those knowledgeable enough. In our collector's reading list, we feature a book called Provenance that examines how two people were able to sell forged art at the highest levels. Their documentation for the inauthentic pieces they sold was so expertly faked that more obvious flaws in the pieces themselves were overlooked.

But to dealers and their clients, secrecy is a crucial element of the art market’s mystique and practice. The Art Dealers Association of America dismissed the idea that using art to launder money was even a problem. “The issue is not an industrywide problem and really does not pertain to us,” said Lily Mitchem Pearsall, the association’s spokeswoman.
Wolfgang Beltracchi is a name you may never have heard before.  Very few people have. But his paintings have brought him millions and millions of dollars in a career that spanned nearly 40 years. They have made their way into museums, galleries, and private collections all over the world.  What makes him a story for us is that all his paintings are fakes. And what makes him an unusual forger is that he didn’t copy the paintings of great artists, but created new works which he imagined the artist might have painted or which might have gotten lost. Connoisseurs and dealers acknowledge that Beltracchi is the most successful art forger of our time -- perhaps of all time. Brilliant not only as a painter, but as a conman of epic proportions.  

An important strategy for combating that type of art fraud is research into the history of ownership of the work (called provenance) and the mention of the work in archival records. Genuine works of art appear in historical records and are owned by individuals, and one way to determine the authenticity of a work is to establish that kind of history. Marks of ownership, such as owners’ stamps, may be found on the object itself, or dates signifying change in ownership may be written on the object. Needless to say, historical marks on a work can also be forged, so provenance research alone is not sufficient to determine authenticity.
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