In an effort to make this information more publicly accessible, this list can be found here and and is regularly updated as the Museum’s research progresses. This list is also published on AAM’s Nazi-Era Provenance Internet Portal (NEPIP), a central searchable registry of objects in U.S. museums that were created before 1946 and that possibly changed hands in continental Europe between 1933 and 1945, which was last updated in 2017.
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.
The Nelson-Atkins Museum of Art uses a variation of the format suggested by The AAM Guide to Provenance Research (Washington, D.C., 2001). Provenance is listed in chronological order, beginning with the earliest known owner. Methods of transactions and relationships between owners, if known, are indicated at the beginning of each line. The term “With” precedes a dealer’s name to indicate their commercial status when the method of their acquisition is unknown. Life dates for private collectors are included in parentheses and dates of ownership, when known, are indicated at the end of each line. Uncertain information is preceded by the terms “possibly” or “probably.” Footnotes are used to document or clarify information.
Art scammers have one objective and that is to separate the artist from their art or from their money, or both. When approached by a stranger on the Internet, always be aware of and skeptical of phony emails and solicitations. The old adage that says “when it sounds too good to be true…” still stands true today. All artists should be aware of and comfortable with whom they are dealing with when they are selling their art on the Internet.
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.
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.
Law enforcement officials in the United States and abroad say “Hannibal” is just one of thousands of valuable artworks being used by criminals to hide illicit profits and illegally transfer assets around the globe. As other traditional money-laundering techniques have come under closer scrutiny, smugglers, drug traffickers, arms dealers and the like have increasingly turned to the famously opaque art market, officials say.
Whenever I am approached by someone to buy my art, who I did not know, I always insist that I be paid through PayPal or Payoneer. After that, I usually never heard from those people again. Another way for an artist to protect themselves in a transaction like this is to insist to have the transaction handled by an escrow agent. The final transaction, shipping etc. is not completed until all of the funds have been verified and cleared. Any legitimate buyer or collector of art will not have a problem dealing in either manner. Anyone who objects to this way of doing business with you is someone who you do not want to do business with!
Within computer science, informatics uses the term "provenance" to mean the lineage of data, as per data provenance, with research in the last decade extending the conceptual model of causality and relation to include processes that act on data and agents that are responsible for those processes. See, for example, the proceedings of the International Provenance Annotation Workshop (IPAW) and Theory and Practice of Provenance (TaPP). Semantic web standards bodies, including the World Wide Web Consortium in 2014, have ratified a standard data model for provenance representation known as PROV which draws from many of the better-known provenance representation systems that preceded it, such as the Proof Markup Language and the Open Provenance Model.
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.
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)
Particularly notorious was the case of the Wise forgeries. Thomas James Wise (1859–1937) had the reputation of being one of the most distinguished private book collectors on either side of the Atlantic, and his Ashley Library in London became a place of pilgrimage for scholars from Europe and the United States. He constantly exposed piracies and forgeries and always denied that he was a dealer. The shock was accordingly the greater in 1934 when John W. Carter and Henry Graham Pollard published An Enquiry into the Nature of Certain Nineteenth Century Pamphlets, proving that about 40 or 50 of these, commanding high prices, were forgeries, and that all could be traced to Wise. Subsequent research confirmed the finding of Carter and Pollard and indicted Wise for other and more serious offenses, including the sophistication of many of his own copies of early printed books with leaves stolen from copies in the British Museum.
Vilas Likhite, a Los Angeles doctor, was said to have owned a multimillion-dollar art collection inherited from an Indian maharajah. His collected works included the names of Brancusi, Lichtenstein, Chagall, Casatt, and others. The pieces he collected were best described as "museum quality." At times, he could be persuaded to sell some of these works to trusted friends for exceptionally low prices. However, a recent sale of a Casatt proved to be his downfall when he sold it to an undercover police detective who specialized in art fraud. All of Likhite's carefully documented works, some presented in a three-ring binder, were fakes.
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.
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.
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:
Price flexibility in the art world is just one of the many advantages for a certain subset of the criminals — money launderers. Other advantages include portability, lack of a paper trail, anonymity, and no regulations. Artwork is lightweight compared to other valuables, like gold and cash. Artwork is bought and sold with minimal paperwork, unlike real estate. Artwork purchases can be anonymous, unlike everything else.
* Names of previous owners do not constitute valid provenance unless they provide concrete and irrefutable proof that the work of art in question is by the artist who the seller says it is by. For example, if an individual is listed as being the owner of the particular work of art in question in a museum exhibit catalog about the artist, this would constitute valid provenance.
Evidence of provenance in the more general sense can be of importance in archaeology. Fakes are not unknown, and finds are sometimes removed from the context in which they were found without documentation, reducing their value to science. Even when apparently discovered in situ, archaeological finds are treated with caution. The provenience of a find may not be properly represented by the context in which it was found (e.g. due to stratigraphic layers being disturbed by erosion, earthquakes, or ancient reconstruction or other disturbance at a site. Artifacts can also be moved through looting as well as trade, far from their place of origin and long before modern rediscovery. Further research is often required to establish the true provenance of a find, and what the relationship is between the exact provenience and the overall provenance.
On the night of St Patrick's Day in 1990 when the attention of Boston was focused elsewhere, thieves entered the Isabella Stewart Gardner Museum and made off with art valued at $500 million, including three Rembrandts, one of only 34 known paintings by Vermeer, and works by Manet and Degas. Because the eccentric Isabella insisted in her will that nothing be changed in the museum (nothing!), the empty frames remain on the walls as a sad reminder of what has been lost.
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).
Of course, certain countries already impose AML regulations on the art world. The European Union Commission issued its 5th Anti-Money Laundering Directive in June 2018, which must be implemented by Member States by January 2020, and which in part expands its coverage of “obliged entities” to persons trading in art, acting as intermediaries in the trade of art, or storing art in freeports, if the value of the transaction or a group of linked transactions equals €10,000 or more. In the United States, although the BSA already applies to dealers in precious metals, stones and jewels, and thereby requires them to file Suspicious Activity Reports and comply with other AML obligations, no such rules currently apply to U.S. dealers in art.
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.
The hardest deception to detect is usually one that has been made recently. The forgery is a product of the time in which it was made, and the forger is closer to current understanding of the artist or period forged. The forgery, therefore, is often more appealing than a genuine work of art. As a forgery ages, viewpoints and tastes shift, and there is a new basis of understanding. Consequently, a forgery rarely survives more than a generation.
From Oct. 19 to Oct. 26, 2017, the Toledo Museum of Art (TMA) is deaccessioning 68 objects from its antiquities collection through Christie’s auction house in New York. All information about these objects can be found online at Christie’s website. In response to inquiries concerning this sale, it is important to underscore TMA’s collecting philosophy as well as the Museum’s commitment to ensuring clear provenance of all of the objects in its collection.
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.”
Seed provenance refers to the specified area in which plants that produced seed are located or were derived. Local provenancing is a position maintained by ecologists that suggests that only seeds of local provenance should be planted in a particular area. However, this view depends on the adaptationist program – a view that populations are universally locally adapted. It is maintained that local seed is best adapted to local conditions, and that outbreeding depression will be avoided. Evolutionary biologists suggest that strict adherence to provenance collecting is not a wise decision because:
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.
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.
Recently an art dealer faced a claim that the provenance he provided with a painting was incomplete because it did not include all of the owners going back to the artist. According to the disgruntled buyer, this omission was material because the provenance included a gallery involved in a well-publicized forgery scandal and, therefore, the painting would be hard to re-sell at an appropriate price without a verifiable provenance going back to the artist. Significantly, the painting had been sold at auction a decade earlier and the dealer had provided the current buyer with exactly the same pre-auction provenance as the prominent auction house had provided at the time of the auction sale. The dealer did not think to second-guess or investigate the completeness of the provenance provided by the auction house and did not have the resources to do so. Previous owners of the work did not want their identities disclosed due to privacy concerns (which is not uncommon), so a more complete provenance was not even feasible. Nevertheless, the buyer claimed that he had been promised a “verifiable provenance” and sought to revoke the sale. The buyer did not contend that the work was not an authentic painting by the famous artist, but merely that it would be hard to re-sell without a complete and verifiable provenance going back to the artist. Although the dispute ultimately was resolved without litigation, this episode starkly highlights the potential risks a seller may be assuming by providing—without qualification—a provenance that he or she has no real reason to doubt.
Another area of art fraud motivated by the demands of the art market involves the smuggling of works of art out of countries, especially from developing countries, where the value of the work may be poorly understood. Though smuggling is in itself a crime, art fraud may also occur when the smugglers minimize the value of the art to guardians of cultural patrimony or to customs officials. Goods thus transported are often offered elsewhere for high prices. There are sanctions against museums that buy artworks obtained in that manner, but governments of the originating country have little recourse when the objects disappear into private collections.