Despite those advances, the detection of fraudulent art remains a complex undertaking. It is particularly difficult to weed out forgeries in the work of modern artists whose large numbers of works and superstar statuses make them especially attractive to those who commit fraud. Pablo Picasso, for example, was a prolific artist, creating a huge number of works on canvas and on paper as well as sculptures and ceramics. Considering his vast output and the varying styles and media in which he worked, scholars have had difficulty establishing a definitive corpus for him. The prestige associated with owning a Picasso and the difficulty of attribution, especially for a drawing, made and continues to make fraudulent representations of his work hard to police.
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.

Forgeries again came into play at Turkey’s State Art and Sculpture Museum in Ankara, where a group of museum officials and criminals are believed to have teamed up to steal some 302 works from the institution between 2005 and 2009. The crime was discovered in 2012, when the museum realized that 46 pieces in the collection had been replaced by copies. Another 30 works also raised suspicion.
Following these professional museum standards, TMA periodically reviews its holdings and occasionally deaccessions a select few works of art, based on what will enhance the entire Museum collection. The funds realized from deaccessioning are used solely to improve TMA’s collection through the purchase of new art, in compliance with the Association of Art Museum Directors (AAMD) Professional Practices in Art Museums (see here), the American Alliance of Museums (AAM) Code of Ethics (see the most recent update to AAM’s guidelines here) and the International Council of Museums (ICOM) Code of Ethics (see here).
American art forger Ken Perenyi published a memoir in 2012 in which he detailed decades of his activities creating thousands of authentic-looking replicas of masters such as James Buttersworth, Martin Johnson Heade, and Charles Bird King, and selling the forgeries to famous auction houses such as Christie's and Sotheby's and wealthy private collectors.[9]
Aging (artwork) Anastylosis Arrested decay Architecture Cradling (paintings) Detachment of wall paintings Desmet method Historic paint analysis Imaging of cultural heritage Inpainting Kintsugi Leafcasting Lining of paintings Mass deacidification Mold control and prevention in libraries Overpainting Paper splitting Radiography of cultural objects Reconstruction (architecture) Rissverklebung Textile stabilization Transfer of panel paintings UVC-based preservation
Among the forgers who have tried to make the experts look foolish is George Psalmanazar (1679?–1763). A Frenchman, he went to England where he pretended, with great success, to be a native of Formosa (Taiwan), and published a book about that island, which he had never visited. Another is William Lauder, who attempted to prove John Milton guilty of plagiarism by quoting 17th-century poets who wrote in Latin, into whose works he had interpolated Latin translations from Paradise Lost. A forgery made as a joke but taken seriously was the “Ern Malley” poems, offered to an Australian magazine in 1944 as the work of a recently dead poet. Actually it was composed by two young soldiers who wished to ridicule certain aspects of contemporary poetry.
In the composite fraud, or pastiche, the forger combines copies of various parts of another artist’s work to form a new composition and adds a few connecting elements of his own to make it a convincing presentation. This type of forgery is more difficult to detect than the copy. Such a combining of various elements from different pieces can be very deceptive, because a creative artist often borrows from his own work. In fact, the similarity of a figure or an object in a forgery to that in a well-known work of art often adds to the believability of the new creation.
Among the forgers who have tried to make the experts look foolish is George Psalmanazar (1679?–1763). A Frenchman, he went to England where he pretended, with great success, to be a native of Formosa (Taiwan), and published a book about that island, which he had never visited. Another is William Lauder, who attempted to prove John Milton guilty of plagiarism by quoting 17th-century poets who wrote in Latin, into whose works he had interpolated Latin translations from Paradise Lost. A forgery made as a joke but taken seriously was the “Ern Malley” poems, offered to an Australian magazine in 1944 as the work of a recently dead poet. Actually it was composed by two young soldiers who wished to ridicule certain aspects of contemporary poetry.
There are several maintained and open-source provenance capture implementation at the operating system level such as CamFlow,[42][43], Progger[44] for Linux and MS Windows, and SPADE for Linux, MS Windows, and MacOS.[45] Other implementations exist for specific programming and scripting languages, such as RDataTracker[46] for R, and NoWorkflow[47] for Python.
During the Renaissance, many painters took on apprentices who studied painting techniques by copying the works and style of the master. As a payment for the training, the master would then sell these works. This practice was generally considered a tribute, not forgery, although some of these copies have later erroneously been attributed to the master.
Despite having the means to own the original, one American multimillionaire has opted to hang a forged Renoir in his home while the real thing hangs prominently at a major museum. The man in question is not President Donald Trump, who recently made headlines with his claim of owning Renoir’s 1881 Two Sisters (On the Terrace), despite the painting being part of the Art Institute of Chicago’s permanent collection, but Henry Bloch, the Kansas City–based cofounder of tax preparation firm H&R Block.
We’ll likely never know the provenance of the president’s purported Renoir, but Bloch’s is an example of the seldom-spoken yet widespread practice among institutions to forge famous pieces for collectors who’ve either donated or loaned the original works. In 2010, Henry and late wife Marion Bloch promised the Nelson-Atkins Museum their two-decade-old collection of Impressionist and post-Impressionist art. In 2015, two years before the Bloch Collection was slated to debut, the museum began duplicating the works, some in-house, some with external help.

Statistical analysis of digital images of paintings is a new method that has recently been used to detect forgeries. Using a technique called wavelet decomposition, a picture is broken down into a collection of more basic images called sub-bands. These sub-bands are analyzed to determine textures, assigning a frequency to each sub-band. The broad strokes of a surface such as a blue sky would show up as mostly low frequency sub-bands whereas the fine strokes in blades of grass would produce high-frequency sub-bands.[19] A group of 13 drawings attributed to Pieter Brueghel the Elder was tested using the wavelet decomposition method. Five of the drawings were known to be imitations. The analysis was able to correctly identify the five forged paintings. The method was also used on the painting Virgin and Child with Saints, created in the studios of Pietro Perugino. Historians have long suspected that Perugino painted only a portion of the work. The wavelet decomposition method indicated that at least four different artists had worked on the painting.
Of course, beyond AML-related process concerns, any art dealer — just like any business person — always must remember that just about any financial transaction that involves proceeds known to have originated from illegal activity represents a criminal money laundering offense.  Stated otherwise, even if the BSA is not expanded to include dealers in art and antiquities, those in the U.S. art industry still need to bear in mind, in extreme examples, the omnipresent federal criminal code.  Sometimes, the provenance of the funds can be more critical than the provenance of the art.
* Get full names and contact information for all private parties who the seller claims previously owned the art, or other forms of proof that they indeed owned it. Confirm that these people actually exist (or existed) and, when possible, contact them or their descendants directly to confirm all claims. Or have the seller do it for you. Simply being given a list of names with no other accompanying or verifiable information is not enough.
An expert certification can mean the difference between an object having no value and being worth a fortune. Certifications themselves may be open to question. Jacques van Meegeren forged the work of his father Han van Meegeren (who in his turn had forged the work of Vermeer). Jacques sometimes produced a certificate with his forgeries stating that a work was created by his father.
In this context, the provenance can occasionally be the detailed history of where an object has been since its creation,[26] as in art history contexts – not just since its modern finding. In some cases, such as where there is an inscription on the object, or an account of it in written materials from the same era, an object of study in archaeology or cultural anthropology may have an early provenance – a known history that predates modern research – then a provenience from its modern finding, and finally a continued provenance relating to its handling and storage or display after the modern acquisition.
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.
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Clare Roth is an artist who ekes out a living making copies of Degas paintings and other masterpieces while she struggles to live down a mistake from her past. She enters into a complicated agreement with a powerful gallery owner to forge a stolen Degas painting in return for a show at his gallery. Things take a turn when she suspects that this stolen "masterpiece" is also a forgery.
Adding to the seller’s risk is the fact that a claim for breach of warranty does not depend on proof of seller’s negligence or other culpability. Under UCC § 2-714 (2) “[t]he measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.” If the provenance is deemed to be a warranty, and the artwork is less valuable because of an inaccuracy or omission in the provenance, the seller may be liable for that difference in value, regardless of his or her good faith or lack of knowledge of the error in question.
Price fluidity is one of the key advantages of using artwork for money laundering. Coupled with a lack of a regulatory body authorized to oversee the value of art, pricing art is effectively a free-for-all. For example, after 9/11, Americans yearned for nostalgia, including Norman Rockwell paintings. Some of his folksy paintings tripled in value — from $15 million in 2006 to $45 million seven years later.
An expert certification can mean the difference between an object having no value and being worth a fortune. Certifications themselves may be open to question. Jacques van Meegeren forged the work of his father Han van Meegeren (who in his turn had forged the work of Vermeer). Jacques sometimes produced a certificate with his forgeries stating that a work was created by his father.
Provenance (from the French provenir, 'to come from/forth') is the chronology of the ownership, custody or location of a historical object.[1] The term was originally mostly used in relation to works of art but is now used in similar senses in a wide range of fields, including archaeology, paleontology, archives, manuscripts, printed books and science and computing.

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.
Further complicating matters, following Man Ray's death, control of printing copyrights fell to his widow, Juliet Man Ray, and her brother, who approved production of a large number of prints that Man Ray himself had earlier rejected. While these reprints are of limited value, the originals, printed during Man Ray's lifetime, have skyrocketed in value, leading many forgers to alter the reprints, so that they appear to be original.
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.
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]

The history of the arts reveals instances of persons who have used forgery either to gain recognition of their own craftsmanship or to enjoy deceiving the critics who had rejected their genuine work. A legend told about Michelangelo illustrates this point. At the age of 21, he carved in marble a small sleeping Eros, or Cupid, based on ancient Roman works that he admired. Some time later this carving was sold as an antique to the well-known collector Cardinal Riario, who prized it highly. When Michelangelo stepped forward and claimed the work as his own he won immediate fame as a young man who could rival the work of the greatly venerated ancient sculptors.


Provenance – also known as "custodial history" – is a core concept of archival science and archival processing. The term refers to the individuals, groups, or organizations that originally created or received the items in an accumulation of records, and to the items' subsequent chain of custody.[16] The principle of provenance (sometimes also termed the principle of archival integrity or respect des fonds) stipulates that records originating from a common source (or fonds) should be kept together – where practicable, physically; but in all cases intellectually, in the way in which they are catalogued and arranged in finding aids. Conversely, records of different provenance should be preserved and documented separately. In archival practice, proof of provenance is provided by the operation of control systems that document the history of records kept in archives, including details of amendments made to them. The authority of an archival document or set of documents of which the provenance is uncertain (because of gaps in the recorded chain of custody) will be considered to be severely compromised.

Stories of art and money laundering tend to be media friendly, and often involve the wealthy behaving poorly.  In one notorious case, the Department of Justice (“DOJ”) seized, via a civil forfeiture action, Jean Michel Basquiat’s 1981 painting, Hannibal. This work — later returned to Brazil by the DOJ — had been smuggled into the U.S. by Edemar Cid Ferreira, a former Brazilian banker who was convicted of money laundering and other offenses, and who allegedly converted some of his laundered proceeds into a significant art collection.  According to the DOJ, although Hannibal had been appraised at a value of $8 million, it had been smuggled by Ferreira into the U.S. from Brazil, via the Netherlands, with false shipping invoices stating that the contents of the shipment were worth $100.  Other stories provide less genteel tales of drug cartels, terrorist organizations and other criminal syndicates financing themselves through systemic looting and the illicit antiquities trade.


Other paintings are now also implicated, including a Lucas Cranach the Elder, from the collection of the Prince of Liechtenstein, that was seized by French authorities from the Caumont Centre d’Art in Aix in March. An Orazio Gentileschi painting on lapis lazuli, also sold by Weiss, and a purported Parmigianino have been identified as suspect as well. Rumor has it that works by up to 25 different Old Master paintings may be involved. (For a break-down on what we know so far, read “The Frans Hals Forgery Scandal, Explained.”)
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:
The principles of archival provenance were developed in the 19th century by both French and Prussian archivists, and gained widespread acceptance on the basis of their formulation in the Manual for the Arrangement and Description of Archives by Dutch state archivists Samuel Muller, J. A. Feith, and R. Fruin, published in the Netherlands in 1898 (often referred to as the "Dutch Manual").[17]
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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.”
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