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.
Regardless of whether this provision ultimately is enacted, the underlying issue will persist.  This post discusses some of the general concerns that the art and antiquities world can be misused as a conduit for dirty money.  We then discuss the AML Standards for Art Market Operators proposed by the Basel Institute on Governance, and similar standards set forth by the Responsible Art Market, both of which attempt to set forth a framework for those in the business of trading art to mitigate their money laundering risks.

Art history, historical study of the visual arts, being concerned with identifying, classifying, describing, evaluating, interpreting, and understanding the art products and historic development of the fields of painting, sculpture, architecture, the decorative arts, drawing, printmaking, photography, interior design, etc. Art historical research has two primary concerns.…
Well, they are. In 2014, Texas business man Phillip Rivkin was charged with 68 counts of fraud after using millions of dollars worth of photographs to launder money. He had made over $78 million through fraudulent schemes involving his biodiesel production companies—which didn’t actually produce any biodiesel. Rivkin spent roughly $16 million dollars on 2,200 fine art photographs by artists like Edward Steichen, Alfred Stieglitz, and Edward Weston. Works included Edward Weston’s Dunes, Oceano, a gelatin silver print that Rivkin purchased from Sotheby’s for $134,500 and another vintage gelatin silver contact print by Alfred Stieglitz, From the Shelton, West. Rivkin wired Camera Lucida, the seller of the photograph, $150,000 to purchase it.

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 
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).
Archaeologists ... don't care who owned an object—they are more interested in the context of an object within the community of its (mostly original) users. ... [W]e are interested in why a Roman coin turned up in a shipwreck 400 years after it was made; while art historians don't really care, since they can generally figure out what mint a coin came from by the information stamped on its surface. "It's a Roman coin, what else do we need to know?" says an art historian; "The shipping trade in the Mediterranean region during late Roman times" says an archaeologist. ... [P]rovenance for an art historian is important to establish ownership, but provenience is interesting to an archaeologist to establish meaning.
A monumental sculptural forgery was a copy based on a Greek bronze statuette of a warrior of 470 bc, only five inches high and located in the Antikenabteilung, Berlin. The forgers made an eight-foot-high reproduction of it in terra-cotta and offered it as an Etruscan masterpiece. The resemblance was noted by the experts, who thought it to be an example of an Etruscan artist borrowing a Greek design motif. In 1961, after it had been in the Metropolitan Museum of Art in New York for 40 years, an analysis was made of the black glaze that covered the figure. It was found that the glaze contained as a colouring agent manganese, which never was used for this purpose in ancient times. Finally, Alfredo Adolfo Fioravanti confessed that he was the sole survivor of the three forgers.
In the late 20th century, art fraud was propelled by a rise in the popularity of art as an investment. With more collectors and museums vying for an ever-smaller number of works by noted artists or from esteemed eras in the history of art, motivations for fraud were exponentially increased. At the same time, modern science made it possible to authenticate works of art to a greater degree than at any time in the past, though even those scientific tests led at times to ambiguous results.
×