Archaeological sites Ancient Greek pottery Automobiles Bone, horn, and antler objects Books, manuscripts, documents and ephemera Ceramic objects Clocks Copper-based objects Feathers Film Flags and banners Frescos Fur objects Glass objects Herbaria Historic gardens Human remains Illuminated manuscripts Insect specimens Iron and steel objects Ivory objects Judaica Lacquerware Leather objects Lighthouses Metals Musical instruments Neon objects New media art Outdoor artworks Outdoor bronze objects Outdoor murals Paintings Painting frames Panel paintings Papyrus Parchment Performance art Photographs Photographic plates Plastic objects Pompeian frescoes Shipwreck artifacts Silver objects South Asian household shrines Stained glass Taxidermy Textiles Tibetan thangkas Time-based media art Totem poles Vehicles Vinyl discs Woodblock prints Wooden artifacts Wooden furniture
In recent years, there has been an increased awareness of the issues surrounding works of art that were stolen, looted, displaced, or illegally exchanged during the Nazi era in Europe (1933-1945). After World War II, Allied Forces recovered thousands of artworks and returned them to the countries from which they were taken for restitution to the owners or their heirs. Nevertheless, many paintings, sculptures, and other objects entered the international art market during the Nazi era. Many of these were acquired in good faith by museums and collectors.
There is no comparable entity in the art market. But were the same type of program instituted in the art market, it would only require that the auction house, dealer or lawyer know the beneficial owner and be able to reveal that information to federal authorities. It would not require the other side of the transaction to learn the seller (or buyer’s) identity.
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.
Even though De Sole was appointed chairman of Sotheby’s in 2015 and, presumably, is art-savvy, Clarick points out that his being scammed speaks volumes. “To me,” says Clarick, “it says that the works were pretty good-looking and conveys the impeccable reputation that Knoedler and Ann Freedman had. People believed them. You don’t buy a really fancy diamond from Tiffany and have it checked out on 47th Street.”
The Art Loss Register (ALR), founded in 1991, grew out of the International Foundation for Art Research (IFAR: founded 1969), a not-for-profit organization that initiated and maintained (until 1997) an international database of stolen works of art, antiques, and collectables. After 1998 ALR assumed maintenance, although IFAR retains ownership, and the two organizations work closely together.
In fact, we are not aware of any judicial decisions addressing whether an error or omission in the listed provenance or exhibition history,4 standing alone, gives rise to a breach of warranty claim under the Uniform Commercial Code. This absence of reported cases has likely given rise to a certain complacency in the art world concerning the legal significance of provenance in connection with art sales. Nevertheless, the art world is not getting less litigious as art values escalate, and it may not be long before the courts are called upon to address this issue.
Federal investigators don't know exactly how much Pei-Shen Qian made on the scheme, but it was at least $65,000. He fled to China and was later indicted. In an interview with Bloomberg News three years ago, the forger explained he began painting in Shanghai, and moved to the U.S. in the 1980s. He insisted he never intended to pass his paintings off as anything other than imitations and found it incredible that anyone had taken the paintings seriously.
Sometimes, they give us works that great artists simply didn’t get around to making. If a fake is good enough to fool experts, then it’s good enough to give the rest of us pleasure, even insight. The late Swiss collector Ernst Beyeler called a fake Rothko from Queens a “sublime unknown masterwork” in 2005 and hung it in his namesake museum. Why not think of that picture as the sublime masterwork that Rothko happened not to have got around to? Is it a bad thing if thousands more people in China get to own works by the great modern master Qi Baishi — even if the works they own aren’t actually by him? In some ways, they are by him, in the profound sense that they almost perfectly capture his unique contribution to art. If they didn’t, no one would imagine he’d made them.
In regards to the critical issue of the source of the funds, the AML Guidelines “encourage” art businesses “to decline payments from a third party who is not their client and buyer of record. If there are legitimate reasons why it is justified for the Art Business to accept payment from a third party, before doing so the Art Business should conduct enhanced due diligence on both their buyer of record and the third party payer[.]” The AML Guidelines also articulate a “preference” for art businesses only “to accept payments from reputable banks in jurisdictions subject to AML regulation and supervision. Such reputable banks and financial institutions are generally subject to a high degree of AML regulation. That said[,] Art Businesses should remain vigilent and not rely entirely on the fact that banks and financial institutions will have carried out the necessary checks and verification to be satisfied that the source of funds is clean.”
Another reason that art fraud is difficult to control is that the art market is enormous, unwieldy, and greatly varied, embracing items from Victorian buttons to 6th-century Greek vases and from medieval pilgrim badges to contemporary photographs. Business is often conducted under the veil of secrecy, with buyers wishing to remain anonymous to avoid the attention of burglars and other opportunists. It would be logistically impossible to monitor all of the transactions between dealers, private collectors, and museums that are in the business of acquiring art. Suspected art forgeries are generally considered on a case-by-case basis, because they can usually be identified only by an expert in the field. But it is not unusual for two experts to have wildly different opinions of the authenticity of the same object, based in each case on reputable evidence.