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.
Art frauds can also be difficult to prosecute because museum curators or collectors must admit to having been duped. Rarely do museums acknowledge that works of art they own may be inauthentic. When they do, it is often because they have no choice. The Boymans-van Beuningen Museum in Rotterdam, Netherlands, was forced to acknowledge that its “Vermeer” Supper at Emmaus was actually a forgery painted in the 1930s by van Meegeren, but the museum admitted that only after the forger himself, in the context of another investigation, had revealed his involvement. The work’s original collector, D.G. van Beuningen, continued to believe (despite van Meegeren’s claim) that the work was by Vermeer.
The pure fabrication is a kind of forgery that defies classification, often because there is no false attribution and the motives are difficult to ascertain. An example of this is the Historia regum Britanniae (1135–38) of Geoffrey of Monmouth (died 1155), a pseudo-historian who compounded stories from Celtic mythology and classical and biblical sources into a fictitious history of ancient Britain. The book became one of the most popular of the Middle Ages and was the basis for some Arthurian legends recounted in medieval romance and epic.
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 The crime was discovered in 2012, when the museum realized that 46 pieces in the collection had been replaced by copies.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.
Art Businesses should also consider the form of the transaction, such as whether the transaction is taking place through intermediaries, face to face, entirely via the Internet, over the phone, or by any other similar non face to face means. In some circumstances, depending on the nature, value and/or geographic location of the transaction, enhanced due diligence may be appropriate.
Conventional X-ray can be used to detect earlier work present under the surface of a painting (see image, right). Sometimes artists will legitimately re-use their own canvasses, but if the painting on top is supposed to be from the 17th century, but the one underneath shows people in 19th-century dress, the scientist will assume the top painting is not authentic. Also x-rays can be used to view inside an object to determine if the object has been altered or repaired.
In March 2001 in Boston, meeting with an undercover agent posing as a drug dealer who showed interest in buying the putative Raphael, Stewart said he could move cash, exchange cash for gems in addition to art, and handle the resale of the Raphael, the agent's affidavit says. Eventually, the deal shifted to the Modigliani and Degas, the affidavit says, and Stewart fell out of the transaction.
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.
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.
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. In that case, the defendant had collected millions of dollars from his sale of forged prints.
In fact, we are not aware of any judicial decisions addressing whether an error or omission in the listed provenance or exhibition history,4 standing alone, gives rise to a breach of warranty claim under the Uniform Commercial Code. This absence of reported cases has likely given rise to a certain complacency in the art world concerning the legal significance of provenance in connection with art sales. Nevertheless, the art world is not getting less litigious as art values escalate, and it may not be long before the courts are called upon to address this issue.
Vilas Likhite, a Los Angeles doctor, was said to have owned a multimillion-dollar art collection inherited from an Indian maharajah. His collected works included the names of Brancusi, Lichtenstein, Chagall, Casatt, and others. The pieces he collected were best described as "museum quality." At times, he could be persuaded to sell some of these works to trusted friends for exceptionally low prices. However, a recent sale of a Casatt proved to be his downfall when he sold it to an undercover police detective who specialized in art fraud. All of Likhite's carefully documented works, some presented in a three-ring binder, were fakes.
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.
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
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."
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. 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.
The potential role of high-end art and antiquities in money laundering schemes has attracted increasing attention over the last several years, particularly as the prices for such objects steadily rise and a tightening global enforcement and regulatory net has rendered other possible avenues for money laundering increasingly less attractive. The effort to subject U.S. dealers in art and antiquities to Anti-Money-Laundering (“AML”) obligations recently has gained new life. As we blogged, the House Financial Services Committee just released three proposed bills to codify many of the reform ideas that have been swirling around the Bank Secretary Act (“BSA”) and AML and Combating the Financing of Terrorism (“CFT”) laws. One of the bills — entitled as the “To make reforms to the Federal Bank Secrecy Act and anti-money laundering laws, and for other purposes” — catalogues various detailed provisions seeking to reform the BSA and AML laws. Nestled admist all of the other, generally higher-profile proposals (such as the creation of a BSA whistleblower program), one short section of this bill simply expands the list of defined “financial institutions” covered by the BSA to include “dealers in art or antiquities,” and then states that the Secretary of the Treasury shall issue implementing regulations within 180 days of the bill’s enactment.
Whether the seller agrees to take full legal responsibility for the accuracy of the provenance is crucial information for buyers in terms of their own due diligence obligations and their ability to rely on information provided by sellers. Making all of this clear in the sales contract is unquestionably in everyone’s interest, even if—much like a prenuptial agreement—it spoils some of the romance associated with the purchase of Fine Art.
The Art Loss Register (ALR), founded in 1991, grew out of the International Foundation for Art Research (IFAR: founded 1969), a not-for-profit organization that initiated and maintained (until 1997) an international database of stolen works of art, antiques, and collectables. After 1998 ALR assumed maintenance, although IFAR retains ownership, and the two organizations work closely together.