The Chinese art market, where regulation is lax, is thought to be particularly prone to money laundering. "The [Chinese] art market has become more and more abnormal," Wang Shouzhi, dean of the Cheung Kong School of Art and Design at Shantou University, told the South China Morning Post in April. "It is saturated with business tricks, fake works and fake prices. … It has become a tool for corruption and money laundering."
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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.
The Wolf of Wall Street was a hit when it was released in 2013. Moviegoers all over the world loved the story of excessive wealth and greed. But most people didn’t know that the movie was partially funded by a money-laundering scheme involving famous works of art. Malaysian Prime Minister, Najib Razak, had siphoned part of a $1 billion fortune from the Malaysian sovereign wealth fund into American assets, such as real estate and paintings by Basquiat, Rothko, and Van Gogh.
In the last decade, reported revenues from the Chinese auction market have expanded ninefold, now higher than those of its American counterpart. Records have been set for Chinese masters that compete with the West’s already inflated prices for Warhol and Picasso — if such records even end up holding, given some buyers who are refusing to pay because of doubts about authenticity.
When you sell your home the paperwork details the sale, including your name, and the title search lists the names of the people who owned the property before you. But when someone sells an artwork at auction — even something worth $100 million, much more than your house — the identity is typically concealed.  […] In finance, Treasury officials last year began asking banks to identify customers who set up accounts in names of shell companies. In real estate, they introduced a pilot program that requires the full identification of people who buy expensive properties in New York and Miami using cash and shell companies.
New England Glass Works (American, 1818-1888), Black-Amethyst Sinumbra Lamp, 1830-1835, Translucent dark amethyst glass appearing black, pressed, with patinated copper alloy (brass) fittings and iron alloy lamp mechanism, a blown transparent colorless glass shade, ground and wheel-cut, and a transparent blown glass chimney (replaced), 17 1/2 in., 2016.214.

Your documents must be investigated—because they are worth nothing until proven to be authentic. You have to be able to trace the qualified individual’s signature, the artist in the question, or previous owners back to real people. This will help you confirm that the document given to you is not fallacious. Unqualified experts attribute art all the time, and the documents might be completely trustworthy.
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.

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"Katzen and Sack indicated to the undercover agent that they could resell the paintings overseas as part of the money-laundering scheme," said the U.S. Attorney for the District of Massachusetts, Michael J. Sullivan. The undercover sting investigation, apparently prompted by an informant's tip, was conducted by the U.S. Customs Service and the FBI.

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. 
In the United States federal money laundering statutes apply to nearly every major transaction through which illegal profits are disguised to look legal. Typically, dirty money is laundered through the purchase of, say, a penthouse apartment, or mixed in with the earnings of a legitimate business like a restaurant. When gambling winnings or drug proceeds come out the other end, they appear as a real estate asset or business profit. They look clean.
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.”

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.
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.
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).
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.
In a market depressed and made anxious by fakes, investors and private collectors may start pulling out, leaving more room for museums to buy at prices they can afford, which in turn would be good news for any art lover who depends on our public collections. And, since museums don’t have to think about net worth and reselling (let’s forget the Detroit case for a moment), they can live with the risk of maybe having bought a fake. Their audience might still enjoy and learn from the new “Rothko” in the collection.
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When addressing the efforts to establish an artwork’s provenance history and authenticity under Guideline 4, the AML Guidelines provide that “[i]t is important to obtain and publish in any catalogue or sales document as much information as possible about the artwork, including any known provenance,” and to “check major databases of stolen and looted art and obtain any relevant and available legal documents, witness declarations, [and] expert opinions[.]” In addition to a physical examination of the artwork and a technical analysis and dating of the materials used, “[d]ocuments helpful in establishing ownership and provenance include invoices, receipts, dated photographs, insurance records, valuations, official records, exhibition catalogues, invoices for restoration work, diaries, dated newspaper articles, original signed and dated letters.”
The cringeworthy part of the story is when the Times trots out the continuing battle between Yves Bouvier and Dimitry Rybolovlev to suggest malfeasance because Mr. Bouvier was allowed to sell a work for Mr. Rybolovlev but not pass the money through to his client. The joke here is that Rybolovlev, a Russian who lives in Monaco and banks in Cyprus while engaging is massive art deals and, separately, massive real estate deals, is a guy with the kind of profile that pops red flags in KYC reviews for more detailed review.
Collecting Collection (artwork) Collections care Collection catalog Collections maintenance Collections management (museum) Collection Management Policy Collections management system Cultural heritage management Cultural resources management Deaccessioning (museum) Digital repository audit method based on risk assessment Display case Documentation of cultural property Emergency response (museum) Exhibition of cultural heritage objects Found in collection Inherent vice Inventory (museum) Museum integrated pest management Preservation metadata Preservation Metadata: Implementation Strategies Preservation of meaning Preservation survey Provenance Repatriation Restoration (cultural heritage) Storage of cultural heritage objects
Noah Charney is a professor and an international author of fiction and non‐fiction, specializing in the fields of art history and art crime. He is the founder and president of ARCA, the Association for Research into Crimes against Art, a non‐profit research group on issues in art crime. His work in the field of art crime has been praised in such international forums as the New York Times Magazine, Time Magazine, BBC Radio, National Public Radio, El Pais, Vogue, Vanity Fair, Playboy, Elle and Tatler among many others. He has appeared on radio and television as an expert on art history and art crime, including BBC, ITV, CNBC and MSNBC. Charney is the author of numerous articles and a novel, The Art Thief (2007).
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.
The Rothko even came with a romantic back story. As explained to the De Soles by Ann Freedman, then the highly regarded president of Knoedler & Co. — founded in 1846 and Manhattan’s oldest art gallery — it emerged from the collection of a mysterious Swiss heir. The man’s business-traveling father bought paintings directly from rising art stars of the 1950s. Freedman added that the piece, depicting Mark Rothko’s signature-style rectangles, had gone largely unseen by art-world cognoscenti.
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