For example, federal prosecutions have been successful using generalized criminal statutes, including the Racketeer Influenced and Corrupt Organizations Act ("RICO"). A successful RICO charge was brought against a family which had sold counterfeit prints purportedly by Chagall, Miró, and Dalí. The defendants were also found guilty of other federal crimes including conspiracy to defraud, money laundering, and postal fraud.[26] Federal prosecutors are also able to prosecute forgers using the federal wire fraud or mail fraud statutes where the defendants used such communications.
“There are museums in the past who have wanted to take something of high value down and replace it with a replica, but that’s a behind-the-curtain thing,” says Timothy Carpenter, a supervisor and special agent in the FBI’s art theft program who frequently lectures collectors to do the same. “If you’ve got this $10 million painting that you’re concerned about, you can probably afford to make a $5,000 copy made and hang it. It’s the only guarantee to keep their painting safe if they don’t have security on their residence.”
Occasionally a forger appears with a certain specious glamour like Constantine Simonides (1824–67), a Greek adventurer who varied his trade in perfectly genuine manuscripts with the sale of strange concoctions of his own. Maj. George de Luna Byron, alias de Gibler, who claimed to be a natural son of Byron by a Spanish countess, successfully produced and disposed of large quantities of forgeries ascribed to his alleged father and to Shelley, John Keats, and others. More commonplace is the forgery encountered in the case of the Edinburgh forger A.H. (“Antique”) Smith, who was responsible for forgeries of Robert Burns, Sir Walter Scott, Mary Stuart, and other persons from Scottish literature and history—a feat that ultimately earned him 12 months’ imprisonment.
Despite all the studies and technical tests available, forgeries will still be made. The 20th-century art forger is far better equipped and much more knowledgeable than his predecessor. The demand for rare works of art has increased, and he will attempt to supply them. In collecting, whether by the private collector or by a museum, there comes a point when, after all the studies and all the tests are conducted, a decision has to be made as to whether or not to purchase a piece in question. The element of risk can be minimized but not eliminated. At this point, the collector should be ready to back his opinion with the purchase price. In order to acquire great pieces, particularly from newly discovered and relatively unknown cultures, it is necessary to take a calculated chance. The collector who has never bought a forgery probably has never bought a great piece of art.
Ken Dreifach, head of the Internet Bureau at the New York State Attorney General's office, reported the reoccurring sales of a forged painting. An individual purchased a painting from the Art and Design Center of New York City and brought it to an art expert for appraisal who determined the work was a forgery. The Art and Design Center refunded the money to the purchaser but then sold it to another individual. That person also had it evaluated by an expert who said it was a fake. The Center refunded the money to the second purchaser. Then an undercover investigator from the attorney general's office bought the same painting and the jig was up. The attorney general filed charges and the case was settled against the Center for various monetary charges (Department of Law, 2001).
In the end, maybe this guide was never intended for amoral businessmen in the first place (unless we’ve sorely misjudged our readership!) Maybe this it's more useful to the emerging artists who look for validation (read: dollar signs) in a competitive market. Maybe the artist’s secret to success is appealing to the corrupt and becoming an accomplice to white collar crime (but hopefully not). Are economic criminals the driving force of the art economy? Probably not, but what we do know for certain is that art isn’t only valuable as the evidence of creative genius. It is, to many, a vault.
The Art Business should examine the client’s background and purpose behind the contemplated transaction. For example, are the artworks being sold by the client consistent with what is known about the client’s collection? Is the level at which the client is selling or buying consistent with their past transactions and what is known about their professional activities and personal wealth? If not, the Art Business may want to ask the client for further information.
Checked it out? Good, isn't it? Historical fiction based on the largest unsolved art heist in history? An artist agreeing to forge a famous painting from the original? And the original might actually *already* be a forgery? Seriously, how can I not read this book? The back text here is a great example of what back text should be: enough to really p ...more

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!
The Internet has put a new spin on the old crime. The rise of online banking institutions, anonymous online payment services and peer-to-peer (P2P) transfers with mobile phones have made detecting the illegal transfer of money even more difficult. Moreover, the use of proxy servers and anonymizing software makes the third component of money laundering, integration, almost impossible to detect—money can be transferred or withdrawn leaving little or no trace of an IP address.
As previously noted in this Journal, the legal structure we call art law (an amalgam of personal property law, contract, estate, tax, and intellectual property law) supporting the acquisition, retention, and disposition of Fine Art, often fits uneasily with art market custom and practice. The result is that 21st-century art market participants are frequently unsure of their legal rights and obligations.
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]
* 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.)
We take the stewardship and integrity of our collection seriously, from acquisition to deaccession, and maintain transparency about all of our professional practices. Preserving the world’s cultural heritage is of the utmost importance to collecting institutions. To that end, we publicly share our Collections Management Policy (see here) as well as our commitment to ensuring clear provenance. The donors of the deaccessioned objects or their heirs have been contacted, and none have objected to the sales. And indeed, any future acquisitions made with the funds earned through deaccessioning will acknowledge the original donor in the credit line.
Art forgery. Boston. The Gardner heist. Degas. A woman artist-protagonist. The personal letters of Isabella herself. Even a whiff of Whitey Bulger. This book had all the promising ingredients for something delectable, but unfortunately, the souffle fell flat when the oven door opened up. The main character, starving artist Claire, is an unpalatable combination of hyper-competent artist/forger and a whiny young woman who constantly plays the victim. Not to say that you would never find those trai ...more
The objective of provenance research is to produce a complete list of owners (together, where possible, with the supporting documentary proof) from when the painting was commissioned or in the artist's studio through to the present time. In practice, there are likely to be gaps in the list and documents that are missing or lost. The documented provenance should also list when the painting has been part of an exhibition and a bibliography of when it has been discussed (or illustrated) in print.
The guidelines of AAMD state that: “Deaccessioning is a legitimate part of the formation and care of collections and, if practiced, should be done in order to refine and improve the quality and appropriateness of the collection, the better to serve the museum’s mission.” The American Alliance of Museums is even more explicit: “For this [use of institutional resources] and other reasons (e.g., when items are considered redundant, are damaged beyond repair or are of poor quality), deaccessioning is both a logical and responsible collections management policy.” We uphold these professional standards and do so in the service of creating an ever-better museum experience for our public and scholars alike.
These are all Pei-Shen Qian's forgeries. Incredibly, he was able to copy the style and technique of not just one major artist, but many of the giants of the 20th century: Jackson Pollock, Willem de Kooning, Richard Diebenkorn, Barnett Newman, Clyfford Still, Franz Kline, Lee Krasner, Mark Rothko and others. He forged 63 works that sold for more than $80 million to collectors.
Founded in 1901, the Toledo Museum of Art holds a collection of extraordinary artworks. We are a free museum that had nearly half-a-million visitors last year and is nationally renowned for its focus on art education. Even with those distinctions, the Museum is most notable for the quality of its collection. Aside from its comprehensive collection of glass—Toledo is known in America as the Glass City—TMA has never sought to be comprehensive in its approach to collecting—the institution’s focus has been and remains on singular artworks by singular artists. Quality has always been the outstanding attribute of our collection, and the objects being sold are not of the quality of our permanent display collection; have been on display rarely; have not been sought out by scholars; or have not been published in recent decades. In short, these objects were not working to fulfill our mission.
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
To identify full-time occupation, archaeologists look for clues such as chemical signatures in bones that distinguish locals from migrants and the geographic provenance of raw materials. — Bridget Alex, Discover Magazine, "The World Is Our Niche," 3 June 2019 Many websites list used aircraft parts but omit details like final prices or provenance documents. — Agam Shah, WSJ, "Honeywell Brings Blockchain to Used Aircraft Parts Market," 28 May 2019 Part of what's remarkable about this pearl is the cutting edge science that went into verifying its age and provenance. — Stellene Volandes, Town & Country, "A Rare Natural Pearl That Once Belonged to a Spanish Princess Is For Sale," 14 May 2019 Alien provenance Loeb and Amir Siraj, a Harvard undergraduate, spotted the marauding meteor in a catalog compiled by the Center for Near Earth Object Studies. — Nadia Drake, National Geographic, "An interstellar meteor may have slammed into Earth," 16 Apr. 2019 To prove their provenance, both to consumers and retailers, Bellucci is deploying blockchain technology developed by Oracle along their supply chain. — Nell Lewis, CNN, "Could blockchain help you become a more ethical shopper?," 5 June 2019 Wohl also has boasted of launching several businesses, though their provenances are vague and their client lists even vaguer, and he has been banned from Twitter for allegedly creating fake accounts. — The Washington Post, The Mercury News, "They keep trying to smear Democrats, and keep failing," 4 June 2019 Her rose gold Rolex has similar sentimental provenance. — Chloe Malle, Vogue, "Inside Dating-App Bumble’s Bid For Global Domination," 18 Apr. 2019 Tales of their provenance ricocheted around León for years. — Alex Kingsbury, BostonGlobe.com, "You’ve got mail — for now," 10 May 2018
Less clear is whether the standards that exist in the art world about what should be included in the provenance are followed with any regularity or even can be followed as a practical matter. While theoretically intended to be a “chain of title” that should include every owner of the work since its creation, provenance typically tends to be a non-exclusive listing of interesting facts concerning the background of the work, such as notable former owners (at least those who are willing to have their identities disclosed) and the exhibition of the work at prestigious venues. Should galleries which held the work on consignment be listed? Does a seller have potential liability if the provenance provided to the buyer turns out to be inaccurate in any material respect? What if it is merely incomplete?
In summer 2009, ARCA - the Association for Research into Crimes against Art - began offering the first postgraduate program dedicated to the study of art crime. The Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection includes coursework that discusses art fakes and forgery. Education on art crime also requires research efforts from the scholarly community through analysis on fake and forged artworks.[32]
As previously noted in this Journal, the legal structure we call art law (an amalgam of personal property law, contract, estate, tax, and intellectual property law) supporting the acquisition, retention, and disposition of Fine Art, often fits uneasily with art market custom and practice. The result is that 21st-century art market participants are frequently unsure of their legal rights and obligations.
Besides that, there are other ways which an expensive art piece may be used to launder money. The underlying principle is this: there is no "standard answer" on how to launder money. Money laundering is more like an art than a science. As long as the whole process looks logical, reasonable and realistic, it is up to your creativity how you want to launder money with it!
Excluded from the category of literary forgeries is the copy made in good faith for purposes of study. In the matter of autographs, manuscripts in the handwriting of their authors, forgeries must be distinguished from facsimiles, copies made by lithography or other reproductive processes. Some early editions of Lord Byron’s work, for example, contained a facsimile of an autograph letter of the poet. If such facsimiles are detached from the volumes that they were intended to illustrate, they may deceive the unwary.
The provenance of works of fine art, antiques and antiquities is of great importance, especially to their owner. There are a number of reasons why painting provenance is important, which mostly also apply to other types of fine art. A good provenance increases the value of a painting, and establishing provenance may help confirm the date, artist and, especially for portraits, the subject of a painting. It may confirm whether a painting is genuinely of the period it seems to date from. The provenance of paintings can help resolve ownership disputes. For example, provenance between 1933 and 1945 can determine whether a painting was looted by the Nazis. Many galleries are putting a great deal of effort into researching the provenance of paintings in their collections for which there is no firm provenance during that period.[4] Documented evidence of provenance for an object can help to establish that it has not been altered and is not a forgery, a reproduction, stolen or looted art. Provenance helps assign the work to a known artist, and a documented history can be of use in helping to prove ownership. An example of a detailed provenance is given in the Arnolfini portrait.
Though there are no hard statistics on the amount of laundered money invested in art, law enforcements officials and scholars agree they are seeing more of it. The Basel Institute on Governance, a nonprofit research organization in Switzerland — the site of the world’s premier contemporary and Modern art show — warned last year of the high volume of illegal and suspicious transactions involving art. But regulation has been scattershot and difficult to coordinate internationally.
This painting, known as “Hannibal” after a word scribbled on its surface, was brought into the United States in 2007 as part of a Brazilian embezzler’s elaborate effort to launder money, the authorities say. It was later seized at a Manhattan warehouse by federal investigators who are now preparing to return it to Brazil at the behest of law enforcement officials there.

In the movie-funding case, the scheme involved several participants, 10 countries, mislabeling transactions as “gifts” and “donations,” disguising the origins of the funds, and offshore shell companies. One letter stated that a transfer of $800 million from a Saudi prince to Razak was a “donation.” The head of the criminal operation used correspondent banks to transfer the funds in dollars.
Where the research is proceeding backwards, to discover the previous provenance of a painting whose current ownership and location is known, it is important to record the physical details of the painting – style, subject, signature, materials, dimensions, frame, etc.[7] The titles of paintings and the attribution to a particular artist may change over time. The size of the work and its description can be used to identify earlier references to the painting. The back of a painting can contain significant provenance information. There may be exhibition marks, dealer stamps, gallery labels and other indications of previous ownership. There may also be shipping labels. In the BBC TV programme Fake or Fortune? the provenance of the painting Bords de la Seine à Argenteuil was investigated using a gallery sticker and shipping label on the back. Early provenance can sometimes be indicated by a cartellino (a representation of an inscribed label) added to the front of a painting.[8] However, these can be forged, or can fade or be painted over.
The United States passed the Banking Secrecy Act in 1970, requiring financial institutions to report certain transactions to the Department of the Treasury, such as cash transactions above $10,000 or any others they deem suspicious, on a suspicious activity report (SAR). The information the banks provide to the Treasury Department is used by the Financial Crimes Enforcement Network (FinCEN), which can share it with domestic criminal investigators, international bodies or foreign financial intelligence units.
Nevertheless, a forgery may pretend to be no more than a copy of a genuine original. It then becomes necessary to examine the language and style in which it is written and to look for anachronisms or for statements that conflict with known authorities. This is the method of textual criticism brilliantly employed by Richard Bentley in his Dissertation upon the Epistles of Phalaris (1699), which proved that these letters, far from being written by Phalaris (a Sicilian tyrant of the 6th century bc), were in fact the work of a Greek sophist of the 2nd century ad.
In recent weeks, the art world has been rocked by perhaps the biggest forgery scandal to hit the art world since Van Meegeren’s unmasking. The extent of the Old Master forgery ring is as of yet unknown, but Sotheby’s has already issued a refund to the buyer of a $10 million Frans Hals portrait, sold in 2011 in a private sale through London dealer Mark Weiss. James Martin’s Orion Analytical, a Williamstown, Massachusetts-based company which investigates artworks, found modern-day materials in the canvas, proving it to be a forgery.
The primary purpose of tracing the provenance of an object or entity is normally to provide contextual and circumstantial evidence for its original production or discovery, by establishing, as far as practicable, its later history, especially the sequences of its formal ownership, custody and places of storage. The practice has a particular value in helping authenticate objects. Comparative techniques, expert opinions and the results of scientific tests may also be used to these ends, but establishing provenance is essentially a matter of documentation. The term dates to the 1780s in English. Provenance is conceptually comparable to the legal term chain of custody.

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.
Also the documents supposedly supporting the authenticity of the art were forged. According to the art fraud detective, the fraudulent art pieces looked like they had been purchased in a dollar store because they were so bad. When the police searched his one-room condo, some of the works still were wet with paint. At the time of his arrest, another buyer filed a complaint that the piece she purchased from him was a forgery (Moore, 2004).
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.
This essay addresses provenance issues in the context of a sale. Of course the provenance of a piece is an important factor in determining its authenticity, but how important to the seller and buyer is knowing that, for example, there were three private owners between the artist and the current owner. If one of those owners was Paul Mellon or a major museum, it might be very important. And, have the buyer and seller made that importance clear in their sale agreement?
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.
Jack Flam suggested the paintings be sent for scientific testing to Jamie Martin, one of the world's top forensic art analysts. Martin showed us how he examined one of the fake Robert Motherwells using a stereomicroscope to study every millimeter of the painting's surface, and to select and then remove samples for identification. That's how he detected circular marks in the base layers, indicating an electric sander had been used to remove paint.
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