An example of this risk without fault arose out of an art dealer’s acquisition of a painting by another distinguished 20th-century artist. Again, there was no question concerning the authenticity of the work. The information provided by the seller at the time of the sale noted that the work had been part of a celebrated 1960s exhibition of the artist’s work at a well-known New York museum. The inclusion of the work in this exhibition was acknowledgment of the work’s value and its importance to the artist’s oeuvre (not to mention further corroboration of its authenticity). Unfortunately, the exhibition history was not correct. The work was not included in the exhibition; the work was supposed to be included, but due to various circumstances another work was selected instead. There were even documents indicating that the work was in the show and it took some investigation to determine that it was not. Even though the seller had not intended to deceive or mislead the buyer/dealer, that did not change the fact that the work was measurably less valuable than the dealer thought at the time of the purchase, based on the information provided. Because the case settled before any lawsuit was filed, no court had the opportunity to address whether the erroneous exhibition history gave rise to a valid breach of warranty claim.
To combat these problems The Authentication in Art Foundation was established in 2012 by experts from different fields involved with the authenticity of art. The aim of the foundation is to bring together experts from different specialities to combat art forgery. Among its members are noted experts such as David Bomford, Martin Kemp, and Mauricio Seracini.[24]
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.[30] 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.
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.
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.

* If the seller states that the work of art sold at an auction house, have them provide the name and contact information for the auction house as well as the date of the sale and lot number of the art in that sale. Just because an auction house sells a work of art does not automatically make that work of art genuine. Best procedure here is to get a copy of the auction catalog and carefully read the listing for the art.


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.


Ultraviolet rays readily reveal additions or alterations to a painting, since the varnish layers and some of the paint layers fluoresce to different colours. Ultraviolet is also used in the examination of marble sculpture. Old marble develops a surface that will fluoresce to a yellow-greenish colour, whereas a modern piece or an old surface recently recut will fluoresce to a bright violet. Infrared rays can penetrate thin paint layers in an oil painting to reveal underpainting that may disclose an earlier painting on the same canvas, or perhaps a signature that has been painted out and covered by a more profitable one. X rays are used to examine the internal structure of an object. A carved wooden Virgin supposedly of the 15th century but revealing modern machine-made nails deep inside is obviously a fraud. A forger usually works for the surface effect and is not concerned with the internal structures.
IN Queens, a guy working in his garage churned out “Pollocks” and “Rothkos” that fooled the experts, sold for millions of dollars and helped destroy the Knoedler & Company gallery, as we learned in recent months. In China, thousands of artisans have forged the country’s artistic treasures, both ancient and modern, according to a report in The New York Times.
Any given antiquity may have both a provenience (where it was found) and a provenance (where it has been since it was found). A summary of the distinction is that "provenience is a fixed point, while provenance can be considered an itinerary that an object follows as it moves from hand to hand."[25] Another metaphor is that provenience is an artifact's "birthplace", while provenance is its "résumé",[26] though this is imprecise (many artifacts originated as trade goods created in one region but were used and finally deposited in another).
Sometimes provenance can be as simple as a photograph of the item with its original owner. Simple yet definitive documentation such as that can increase its value by an order of magnitude, but only if the owner was of high renown. Many items that were sold at auction have gone far past their estimates because of a photograph showing that item with a famous person. Some examples include antiques owned by politicians, musicians, artists, actors, etc.[6]

Consistent with general AML principles, the AML Standards stress that beneficial ownership may be obscured behind multiple layers of intermediaries, such as shell companies or offshore companies involving trusts. The AML Standards further provide a list of possible red flags for identifying increased risks of money laundering presented by a client that:
Sometimes it is necessary to remove small bits of materials from a work and subject them to various analyses. Chemical analysis is particularly valuable in determining the pigment used because many of the paints available to the modern forger were unknown in earlier times. Today titanium, a 20th-century product, is used to make the white pigment in most oil paints, whereas white lead was the element used in the time of Rembrandt. Many ancient colours were manufactured by grinding natural minerals such as lapis lazuli for blue and malachite for green. Today cheaper synthetic chemicals are used. Some chemical tests, however, require the removal of more ancient material than is desirable. In that event a speck as small as the head of a pin can be analyzed spectrographically. From the burning of a minute sample a photographic record of the spectrum of the light emitted is analyzed to reveal the elements present and their relative percentages.
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.
There are no accepted estimates on the amounts of money laundered through the art market, although the general belief is that it is enormous and expanding as regulations on other asset classes, from real estate to foreign exchange, tighten up everywhere. The International Monetary Fund estimated that "the amount available for laundering through the financial system" was worth 2.7 per cent of global gross domestic product in 2009 or $1.6-trillion (U.S.).
Stylistic analysis is subjective: it rests on the astute eye of the art historian. Each artist has a style, a flair, a verve unique to himself, and this can be recognized. His style will undergo change throughout his career, and this, too, can be stylistically analyzed and documented from his known works. When an unknown work purporting to be by a certain artist is discovered, the art historian attempts to fit it into the overall body of works by this artist. The subject matter, the brushwork, the choice of colours, and the type of composition are all consistent elements in a given artist’s production. Any variation immediately arouses suspicion. When the idiosyncrasies of an artist’s brushwork are studied, a fraud can sometimes be detected in much the same way a handwriting forgery is proven. In ancient works, particularly in antiquities, the scholar must examine the iconography of a piece. Forgers rarely have the scholarly background to combine iconographic elements correctly, and their errors often betray them.
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.[11] 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.[12]
Art history is rife with high profile scams, such as that of Han van Meegeren, a disillusioned painter who developed a complicated system of baking his Old Master-style work to age it, and subsequently sold $60 million in fake Vermeers to world class museums and Nazi leader Hermann Göring during the late 1930s and early 1940s. (While current art historians are quick to slam his work as obviously inferior, Van Meegeren actually had to paint a “new” Vermeer at trial to prove he had not sold the Nazis a priceless original.)
Mr. Ellis serves as Director of Business Development and Marketing of AML RightSource. He has over 15 years of experience in business development, marketing, and professional consulting within the healthcare and financial services industries. Mr. Ellis earned his undergraduate degree from Bowling Green State University and obtained his juris doctor from Cleveland State University – Cleveland-Marshall College of Law.
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.
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.

Like most laundering cases involving art in the United States, this one was uncovered when the work was illegally transported into the country. In 2004 Mr. Ferreira’s financial empire, built partly on embezzled funds, collapsed, leaving $1 billion in debts. A court in São Paulo sentenced him in 2006 to 21 years in prison for bank fraud, tax evasion and money laundering, a conviction he is appealing. Before his arrest, however, more than $30 million of art owned by Mr. Ferreira and his wife, Márcia, was smuggled out of Brazil, Judge De Sanctis said.
Eli Sakhia was a respectable art gallery owner in business for 15 years in Manhattan. He sold privately and to auction houses in the United States and abroad. What he failed to tell his private buyers was that they were buying the forgeries and the auction houses were getting the real works. His modus operandi was to purchase originals, sell them to auction houses, and hire artists in the interim to reproduce fakes for sale to his clients. His problems started when a past buyer of a fake tried to sell his forged piece while Sakhia attempted to sell the original to another auction house. The houses brought in an expert who stated that the past buyer's work was a fake. Sakhia was arrested and convicted; he's expected to serve three to four years in prison (Campanile, 2004).
At any point in a work of art's history, its authenticity can come into question. Often, art is accompanied by documentation, commonly known as provenance, that confirms its authenticity mainly through ownership history. Good provenance (ownership history) leaves no doubt that a work of art is genuine and by the artist who it is stated to be by or whose signature it bears. Unfortunately, numerous forged or otherwise misrepresented works of art are offered for sale with fake or questionable provenance at online auctions, at fixed-price art websites, and at bricks-and-mortar establishments. But nowhere is the proliferation of art with problematic provenance more pervasive than at online auctions.
At Lowy, collectors interested in hiding their originals in the vault, whether for security purposes, to protect delicate works, or to lower the cost to insure them, can reproduce works without the help of a museum. The company employs both specially trained restoration artists and independent artists in need of a day job to conserve and replicate artworks. The process starts with an extremely high-quality print of a digital image, and then the painstaking application of clear conservators’ gel to simulate brushstrokes. Prices start at about $2,000, while frames tend to quadruple the amount.
Perhaps most frightening of all, there is no telling how many fakes still lie in plain sight, accepted as originals by experts and the public alike. Famed contemporary forgers such as Wolfgang Beltracchi and Mark Landis, for instance, have infiltrated many museum collections. In 2014, Switzerland’s Fine Art Expert Institute estimated that 50 percent of all work on the market is fake—a figure that was quickly second-guessed, but remains troubling.
* Get full names and contact information for all galleries or auction houses that the seller claims previously owned the art. If these galleries are still in business, contact them in order to confirm that the information provided by the seller is correct. If none of the galleries or auction houses are traceable, then this may be cause for concern.
Art forgery may also be subject to civil sanctions. The Federal Trade Commission, for example, has used the FTC Act to combat an array of unfair trade practices in the art market. An FTC Act case was successfully brought against a purveyor of fake Dalí prints in FTC v. Magui Publishers, Inc., who was permanently enjoined from fraudulent activity and ordered to restore their illegal profits.[28][29] In that case, the defendant had collected millions of dollars from his sale of forged prints.

In order to fool inexperienced buyers, unscrupulous sellers often say they have provenance or documented ownership histories that they claim confirms the authenticity of bogus art. In some cases, this concocted provenance appears to date all the way back to the original artists themselves. Before bidding on or buying any art, your job is to make sure any such provenance offered by sellers is correct, legitimate, verifiable and does in fact attest to the authorship of the art. (Problem art may also be accompanied by questionable Certificates of Authenticity. To evaluate a Certificate of Authenticity or COA, read Is Your Certificate of Authenticity Worth the Paper It's Printed On?)

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.
In regards to the critical issue of the source of the funds, the AML Guidelines “encourage” art businesses “to decline payments from a third party who is not their client and buyer of record. If there are legitimate reasons why it is justified for the Art Business to accept payment from a third party, before doing so the Art Business should conduct enhanced due diligence on both their buyer of record and the third party payer[.]”  The AML Guidelines also articulate a “preference” for art businesses only “to accept payments from reputable banks in jurisdictions subject to AML regulation and supervision.  Such reputable banks and financial institutions are generally subject to a high degree of AML regulation. That said[,] Art Businesses should remain vigilent and not rely entirely on the fact that banks and financial institutions will have carried out the necessary checks and verification to be satisfied that the source of funds is clean.”
The layout of the book is unconventional, but the material itself is fascinating. This, like the recent movie "Big Eyes" and the works of contemporary artists like Banksy and Koons stimulates the age-old debate of what art "is". Aristotle's definition (pg. 108) seems amazingly accurate over 2,000 years later. Because so much is covered in such a brief manner, it certainly will lead me to more detailed books and primary sources amply provided in Charney's "Selected Bibliography." I find the effects of mass psychology (the willingness to be fooled that greed begets), institutional jealousies, the arrogance of the "connoisseur" class, and the exclusivity of gallerists - all fascinating - and all ample motivation for the revenge of the forgers.
In the case of photographer Man Ray[25] 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.

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 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.”
The paintings were sent "in respect to a money-laundering transaction," which was "related to this drug deal," she clarified, adding that "it was the money-laundering debt that Clemente was repaying." The U.S. Drug Enforcement Administration believes that oil paintings are "a way in which drug dealers launder money. It is an investment for their drug transaction proceeds," she said.
Speaking on the sidelines of the Art Business Conference, Pierre Valentin, head of the art law practice at London law firm Constantine Cannon, said laundering illicit funds through the art market was seductive because purchases at auctions "can be anonymous and it's a moveable asset. You can put the art on a private plane and take it anywhere. Plus there is no registration system for art."
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.
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.

In regards to the critical issue of the source of the funds, the AML Guidelines “encourage” art businesses “to decline payments from a third party who is not their client and buyer of record. If there are legitimate reasons why it is justified for the Art Business to accept payment from a third party, before doing so the Art Business should conduct enhanced due diligence on both their buyer of record and the third party payer[.]”  The AML Guidelines also articulate a “preference” for art businesses only “to accept payments from reputable banks in jurisdictions subject to AML regulation and supervision.  Such reputable banks and financial institutions are generally subject to a high degree of AML regulation. That said[,] Art Businesses should remain vigilent and not rely entirely on the fact that banks and financial institutions will have carried out the necessary checks and verification to be satisfied that the source of funds is clean.”
Federal investigators don't know exactly how much Pei-Shen Qian made on the scheme, but it was at least $65,000. He fled to China and was later indicted. In an interview with Bloomberg News three years ago, the forger explained he began painting in Shanghai, and moved to the U.S. in the 1980s. He insisted he never intended to pass his paintings off as anything other than imitations and found it incredible that anyone had taken the paintings seriously.
×