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.
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.
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.
Sorry, could not care if Claire was successful or not. I know we were supposed to be sympathetic toward her, why else for the youth prison volunteerism, but she was too untrustworthy. When I read it, it appeared as if she knew all along that she was making a forgery so that Aidan could sell it as the original but by the end of the book she had miraculously convinced herself that all she was doing was making a copy of a copy and that isn’t a crime. Of course she had her penance of never knowing i ...more
The victims of art fraud are the artists who own the works, collectors who are defrauded through purchase of forged works, and museums that may use public or donated money to buy fraudulent works of art or works with a falsified provenance. Countries that lose valuable works of art to the international art market under false pretenses are also subject to art fraud.
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

Once purchased, the art can disappear from view for years, even decades. A lot of the art bought at auctions goes to freeports – ultra-secure warehouses for the collections of millionaires and billionaires, ranging from Picassos and gold to vintage Ferraris and fine wine. The freeports, which exist in Switzerland, Luxembourg and Singapore, offer a variety of tax advantages because the goods stored in them are technically in transit. The Economist magazine reported that the freeport near the Geneva airport alone is thought to hold $100-billion (U.S.) of art.
The anonymity of buyers is also a huge advantage for criminals. Who hasn’t seen the images of an art auction for a famous painting at Christie’s or Sotheby’s, where brokers are on the phone with mysterious clients? Art market operators generally refuse to disclose the identities of their clients under the guise of “protecting the integrity of the transactions.”
Fraudulent misrepresentations are one thing, but do sellers who proudly “stand behind the works they sell” really intend to be strictly liable (i.e., without fault) for any error or omission in the provenance or exhibition history? Do sellers undertake to do independent investigations of the provenance, or do they just pass along the same information they received when the work was acquired? In practice, more sophisticated art market participants, such as the major auction houses, include disclaimers (in fine print) in their terms and conditions of sale, but when smaller galleries and dealers sell art they rarely incorporate such protections against liability for faulty or inaccurate information.

Recently, some countries in Europe, including Luxembourg and Switzerland, have passed laws to clamp down on money laundering in the art market. Starting in 2016, Switzerland will cap cash transactions at 100,000 Swiss francs ($135,000). Payments above that cash limit will have to be made by credit card, creating a paper trail, or the seller will have to carry out due diligence to ensure the legal origins of the funds.
Every work of art carries with it not only the history of its creator, but of its owners as well. Provenance—the record of ownership for a work of art—provides important documentation explaining who, at various points in history, owned the painting, sculpture or artifact at hand. This is an especially important issue for museums, who pay careful attention to provenance to confirm the authenticity of a work of art and its rightful ownership.

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:


Sometimes, they give us works that great artists simply didn’t get around to making. If a fake is good enough to fool experts, then it’s good enough to give the rest of us pleasure, even insight. The late Swiss collector Ernst Beyeler called a fake Rothko from Queens a “sublime unknown masterwork” in 2005 and hung it in his namesake museum. Why not think of that picture as the sublime masterwork that Rothko happened not to have got around to? Is it a bad thing if thousands more people in China get to own works by the great modern master Qi Baishi — even if the works they own aren’t actually by him? In some ways, they are by him, in the profound sense that they almost perfectly capture his unique contribution to art. If they didn’t, no one would imagine he’d made them.
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:
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.

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.

The notion of intellectual property—the idea that artists’ works belong to them—dates at least to medieval Europe, though history records examples of the concept as early as ancient Greece. It had taken hold sufficiently during the Renaissance for Michelangelo to take umbrage when his work was misattributed. It was reported that when he discovered that another artist was receiving credit for sculpting the famous Pietà (now in St. Peter’s Basilica in Rome), Michelangelo returned with his chisel and added his signature across the centre of the sculpture, on the prominent sash across Mary’s upper body (in Italian): “Michelangelo Buonarroti, Florentine, made this.”
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