At the state level, art forgery may constitute a species of fraud, material misrepresentation, or breach of contract. The Uniform Commercial Code provides contractually-based relief to duped buyers based on warranties of authenticity. The predominant civil theory to address art forgery remains civil fraud. When substantiating a civil fraud claim, the plaintiff is generally required to prove that the defendant falsely represented a material fact, that this representation was made with intent to deceive, that the plaintiff reasonably relied on the representation, and the representation resulted in damages to the plaintiff.
Interpol also tracks art smuggling. City police forces may have units that investigate cases of art fraud on the local level. But the first, and in many cases only, line of defense against art fraud is the dealers who offer the works for sale and the museums and collectors who must make every effort to determine the authenticity and legality of the works before purchase.
In the case of photographer Man Ray print production was often poorly managed during his lifetime, and many of his negatives were stolen by people who had access to his studio. The possession of the photo-negatives would allow a forger to print an unlimited number of fake prints, which he could then pass off as original. Fake prints would be nearly indistinguishable from originals, if the same photographic paper was used. Since unused photographic paper has a short (2–5 years) useful life, and the composition of photographic paper was frequently changed, the fakes would have had to be produced not long after the originals.
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).
The art world was quick to fall in line, with London’s National Gallery displaying the Gentileschi and the Pamigianino popping up at New York’s Metropolitan Museum of Art. At one point, the Louvre in Paris launched a fundraising campaign to buy the Hals, dubbing it a “national treasure” after it was authenticated by France’s Center for Research and Restoration.
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.
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 another common form of money laundering, called smurfing (also known as "structuring"), the criminal breaks up large chunks of cash into multiple small deposits, often spreading them over many different accounts, to avoid detection. Money laundering can also be accomplished through the use of currency exchanges, wire transfers, and "mules"—cash smugglers, who sneak large amounts of cash across borders and deposit them in foreign accounts, where money-laundering enforcement is less strict.
The fundamental consideration in determining forgery is “intent to deceive.” The act of copying a painting or other work of art is in itself not forgery, nor is the creation of a work “in the style” of a recognized painter, composer, or writer or of a particular historical period. Forgery may be the act not of the creator himself but of the dealer who adds a fraudulent signature or in some way alters the appearance of a painting or manuscript. Restoration of a damaged painting or manuscript, however, is not considered forgery even if the restorer in his work creates a significant part of the total work. Misattributions may result either from honest errors in scholarship—as in the attribution of a work to a well-known artist when the work was in fact done by a painter in his workshop, a pupil, or a later follower—or from a deliberate fraud.
The Association of Certified Anti-Money Laundering Specialists (ACAMS) offers a professional designation known as a Certified Anti-Money Laundering Specialist (CAMS). Individuals who earn CAMS certification may work as brokerage compliance managers, Bank Secrecy Act officers, financial intelligence unit managers, surveillance analysts and financial crimes investigative analysts.
Portrait of a Woman, attributed to Goya (1746-1828). X-ray images taken of this painting in 1954 revealed a portrait of another woman, circa 1790, beneath the surface. X-ray diffraction analysis revealed the presence of zinc white paint, invented after Goya's death. Further analysis revealed that the surface paint was modern and had been applied so as not to obscure the craquelure of the original. After analysis, the conservators left the work as you see it above, with portions of old and new visible, to illustrate the intricacies of art forgery, and the inherent difficulty of detecting it.
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. 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.
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
It plainly makes sense for sellers and buyers to get ahead of the curve and finally reach a clear understanding about what is at stake when provenance or related information such as exhibition history is provided. Is the provenance really intended to be a complete chain of title and possession, given that there is no title registry for personal property such as works of art? Is that even possible, given the penchant for anonymity among many wealthy collectors, not to mention the confidentiality of private sales? Further complicating research into ownership is the fact that many art transactions are documented with simple invoices, rather than detailed contracts; often it is unclear from the face of the documents, particularly in multi-party back to back transactions, whether a dealer is acting as a principal or as agent for one of the parties.
Finally, forgers teach us to doubt connoisseurs. There’s a myth out there, propagated by the market and some strains of academe, that certain thoroughbred experts can smell authentic art at 100 yards. After more than a century of bad attributions, reattributions and long-lived fakes, you’d think we would know better than to believe in such fantasy creatures. The truth is, the connoisseur’s eye works brilliantly in that vast majority of attributions where an artwork comes without a name attached but clearly has a single maker’s signature look. And then that eye fails utterly in those remaining, more iffy cases where a piece looks quite like some artist’s work, but may almost as easily be by someone else — including a forger.
Data provenance covers the provenance of computerized data. There are two main aspects of data provenance: ownership of the data and data usage. Ownership will tell the user who is responsible for the source of the data, ideally including information on the originator of the data. Data usage gives details regarding how the data has been used and modified and often includes information on how to cite the data source or sources. Data provenance is of particular concern with electronic data, as data sets are often modified and copied without proper citation or acknowledgement of the originating data set. Databases make it easy to select specific information from data sets and merge this data with other data sources without any documentation of how the data was obtained or how it was modified from the original data set or sets. The automated analysis of data provenance graphs has been described as a mean to verify compliance with regulations regarding data usage such as introduced by the EU GDPR.
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.
French artist Orlan sued American pop star Lady Gaga for forgery after the release of the 2011 hit video “Born This Way,” but ultimately lost her case. Orlan pointed out similarities to her piece Bumpload (1989), in which she added prosthetic ridges to her face, and Woman With Head (1996), which featured a decapitated head on a table. After losing her $31.7 million lawsuit, Orlan was ordered to pay the singer and her record label €20,000 ($22,000)
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.
Glafira Rosales, an obscure Long Island art dealer, her boyfriend, and his brother enlisted Pei-Shen Qian, a Chinese artist in Queens, to paint Abstract Expressionist canvases in the style of such masters as Jackson Pollock, Mark Rothko, Robert Motherwell, and others. The venerable Knoedler gallery, which closed in 2011 as the forgeries came to light, still claims they believed Rosales’s story that the works were part of an undocumented collection sold directly by the artists to an anonymous “Mr. X.”
In the 18th and 19th centuries, the mania for classification and study of the past resulted in an upsurge in forgeries as the art market adjusted to accommodate the new interest in the artistic past. That interest in the classification of the past also led to the founding of academic disciplines such as the history of art. The study of art history and the creation of agreed-upon bodies of work for artists and eras, as well as advances in science, made possible in the 20th century the winnowing out of forgeries, fakes, and misattributions from authentic works. As art historians gained more knowledge about the past and the styles, materials, and working conditions of artists and historical epochs, inauthentic and fraudulent works were more readily exposed.