Bob Keerseweer won an art auction on eBay by bidding $135,805 for a Diebenhorn painting. What Bob didn't know was that Rob Walton, the owner of the work, was part of a ring specializing in driving up the price of the auction. The ring posted 50 bids on the same auction that Keerseweer won. Bob also didn't know that the work was a forgery. Walton and his gang were eventually arrested and convicted (Silicon Valley Staff, 2001).
Sometimes it is necessary to remove small bits of materials from a work and subject them to various analyses. Chemical analysis is particularly valuable in determining the pigment used because many of the paints available to the modern forger were unknown in earlier times. Today titanium, a 20th-century product, is used to make the white pigment in most oil paints, whereas white lead was the element used in the time of Rembrandt. Many ancient colours were manufactured by grinding natural minerals such as lapis lazuli for blue and malachite for green. Today cheaper synthetic chemicals are used. Some chemical tests, however, require the removal of more ancient material than is desirable. In that event a speck as small as the head of a pin can be analyzed spectrographically. From the burning of a minute sample a photographic record of the spectrum of the light emitted is analyzed to reveal the elements present and their relative percentages.
As with other members of the American Alliance of Museums (AAM), The Nelson-Atkins Museum of Art is making a concerted effort to research Nazi-era provenance for the paintings, sculptures, decorative arts, Judaica and works on paper in its collection to determine past ownership and, if necessary, to make proper restitution to the owners or the heirs. Following the standards and guidelines issued by the Association of Art Museum Directors (AAMD) and AAM, the Museum is currently conducting research on works of art in its collection that were created before 1946 and acquired by the Museum after 1932* that changed hands, or might have changed hands, in continental Europe between 1933 and 1945, and/or could have been spoliated by the Nazis and not subsequently restituted to their rightful owners. In accordance with AAM and AAMD standards and guidelines, the Museum is prioritizing research on European paintings, sculpture, drawings and Judaica, though research will eventually cover all accessioned objects identified as containing Nazi-era provenance.
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.

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. 


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:
One may logically question the real meaning of the difference between a genuine and a spurious work of art when in many cases it requires such expert study to detect the difference between the two. Or to phrase it another way, what is the difference in value of a work of art that has been on view in a museum for 40 years, after it has been proved to be false? This is a somewhat philosophical point in that the object itself has not changed, only our opinion of it. Its monetary value has been reduced from that of a rare, expensive, original piece to that of an attractive but spurious imitation. Its aesthetic quality has become a real danger, as it is a perversion of the truth. The forgery presents a false understanding of the work of an artist or an ancient culture, one which has been perverted in its modern translation. To appreciate the work of ancient artists their work must be studied alone and not be diverted by forgeries, or one will be inexorably misguided.
To sum up, the Times muddles the very different issues of ensuring the integrity of works of art—the authenticity question—which is real and requires an entity that can work with owners who want to maintain their anonymity for legitimate reasons with the issue of beneficial ownership—which is less pressing with art because it is relatively rare and covered by the parallel system of KYC run by the banks the auction houses rely upon to vouch for their clients’ ability to afford the works they want to buy.
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 problem isn’t their argument that seller’s should reveal themselves. It’s the slapdash evidence and flawed logic they use. The story’s biggest problem begins with the lede where it is argued that real estate sellers are transparent. Several graphs deeper in the story it is revealed that real estate transactions that are on a par with major art transactions are, in fact, not transparent. How do we know that? Because the Times tells us about a pilot program that requires transparency. Here’s the opening graph:
* An appraisal for the art does not constitute valid provenance unless it has been performed by a respected expert or authority on the artist, and states that the art is absolutely by the artist. If you have any questions about an appraisal, contact the appraiser directly before bidding on the art and verify their qualifications to make any statements of authenticity contained within the appraisal. Any appraiser making statements of authenticity would also have to be a nationally or internationally respected authority on the artist in question. When you can't verify the appraiser's credentials, contact the appraiser, the appraisal does not include adequate contact information for the appraiser, or you can't make out the signature, be very careful. Best procedure would be not to bid on or buy the art. (FYI, an appraisal may assume the art is genuine and have statements or disclaimers to that effect, but is not in and of itself an authentication of the art. MAKE SURE YOU READ THE ENTIRE APPRAISAL INCLUDING ANY DISCLAIMERS CAREFULLY. In other words, you may need a separate authentication or provenance to go along with such an appraisal.)
Any art object—paintings, sculpture, jewelry, ceramics, fine furniture, and decorative pieces of all kinds—can be forged. The difficulty of forging, however, is as important as market price in determining what is forged. Probably fewer than 1 percent of stone sculptures are false because they require so much labour to make and their market is limited, but as many as 10 percent of modern French paintings on the market may be forgeries. The technical difficulties in making a convincing imitation of an ancient Greek vase are so great that forgeries are almost nonexistent. In contrast the forgery level of tiny archaic Greek and Cretan bronze statuettes, which are simple to cast, is possibly as high as 50 percent. A forger is most likely to succeed with a mediocre piece in the middle price range because such a piece probably will never be subjected to definitive examination. Although the price should be low enough to allay suspicion, the object can still yield a fair return for the effort expended by the forger.
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.
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:

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]


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.
If the BSA is extended to apply to dealers in art and antinquities, FinCEN can expect a robust notice and comment period for the implementing regulations.  Further, when proposing such regulations, FinCEN might draw upon some existing AML guidelines for the art trade, including those from two not-for-profit groups — one independent, the other supported by industry.  We explore those guidelines in the rest of this post.
Knoedler’s fantastic tale of fraud begins in the early 1990s on the streets of Manhattan. That’s where a former waiter from Spain, Jose Carlos Bergantiños Diaz, came upon a Chinese artist peddling canvases on the sidewalk. Bergantiños approached the man, Pei-Shen Qian, and said that he had friends who wanted works by esteemed artists but could not afford the real things. Could Pei-Shen duplicate paintings for them? Bergantiños reportedly offered $500 per copy.
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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