A qualified authority is a difficult concept, because it’s more than claiming (or seeming) to be an expert. This individual needs to have significant background and experience with the artist. Such as published papers about the artist, or perhaps they teach courses, or have catalogued essays about this artist. Of course the artist themselves, relatives, employees and descendents of the artist are understood as a qualified authority. Once you have all of your documents corroborated and stored in your Artwork Archive account, you can have peace of mind.
Price flexibility in the art world is just one of the many advantages for a certain subset of the criminals — money launderers. Other advantages include portability, lack of a paper trail, anonymity, and no regulations. Artwork is lightweight compared to other valuables, like gold and cash. Artwork is bought and sold with minimal paperwork, unlike real estate. Artwork purchases can be anonymous, unlike everything else.
Prosecution is also possible under state criminal laws, such as prohibitions against criminal fraud, or against the simulation of personal signatures. However, in order to trigger criminal liability under states' laws, the government must prove that the defendant had intent to defraud. The evidentiary burden, as in all criminal prosecutions, is high; proof "beyond a reasonable doubt" is required.
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 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. 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.
Some of the 20th century’s most important creators set out to undermine ideas of unique, authentic, hand-touched works of art. Precisely 100 years ago, when Marcel Duchamp began presenting store-bought bicycle wheels, urinals and bottle racks as ready-made sculptures, he was also inviting others to buy and show similar masterworks. A half-century later, Andy Warhol was famously freewheeling when it came to notions of authenticity: You could never tell, and weren’t supposed to know, how much if any of a Warhol painting had actually been made by him versus by some acolyte in his art Factory. (In interviews, Warhol would sometimes attribute his works to others even when he’d executed them himself.) The art market can’t stand the slippages such ideas introduce, and insists on selling Warhols and Duchamps the way you’d sell a Lincoln autograph. Forgers, on the other hand, help preserve modern art’s productive uncertainty.
The best parts were the tidbits about the process of forging an old master painting. While the writing is never bad, it's bland. Lackluster prose really inhibits the narrative voice of Claire, the forger of the title, who never comes to life on the page. Her naïveté after having been burned once by a man, only to let it happen again is astonishing, yet we never understand why she seems to be so easy to dupe. On top of the her unexciting narrative tone, Shapiro includes an ongoing correspondence ...more
In the composite fraud, or pastiche, the forger combines copies of various parts of another artist’s work to form a new composition and adds a few connecting elements of his own to make it a convincing presentation. This type of forgery is more difficult to detect than the copy. Such a combining of various elements from different pieces can be very deceptive, because a creative artist often borrows from his own work. In fact, the similarity of a figure or an object in a forgery to that in a well-known work of art often adds to the believability of the new creation.
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.
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 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.
Another area of art fraud motivated by the demands of the art market involves the smuggling of works of art out of countries, especially from developing countries, where the value of the work may be poorly understood. Though smuggling is in itself a crime, art fraud may also occur when the smugglers minimize the value of the art to guardians of cultural patrimony or to customs officials. Goods thus transported are often offered elsewhere for high prices. There are sanctions against museums that buy artworks obtained in that manner, but governments of the originating country have little recourse when the objects disappear into private collections.