However, even this careful process can be faked by those knowledgeable enough. In our collector's reading list, we feature a book called Provenance that examines how two people were able to sell forged art at the highest levels. Their documentation for the inauthentic pieces they sold was so expertly faked that more obvious flaws in the pieces themselves were overlooked.
The primary purpose of tracing the provenance of an object or entity is normally to provide contextual and circumstantial evidence for its original production or discovery, by establishing, as far as practicable, its later history, especially the sequences of its formal ownership, custody and places of storage. The practice has a particular value in helping authenticate objects. Comparative techniques, expert opinions and the results of scientific tests may also be used to these ends, but establishing provenance is essentially a matter of documentation. The term dates to the 1780s in English. Provenance is conceptually comparable to the legal term chain of custody.
A newly discovered type of art inevitably brings on a flood of forgeries. At the end of the 19th century, when the first small, attractive Tanagra figurines were found in Greece, the market very shortly was flooded with a myriad of fraudulent Tanagra terra-cotta statuettes. In the mid-20th century, African primitive art became very popular, and woodcarvers from Italy to Scandinavia responded to supply the demand. Later, a very early civilization was discovered in Turkey, and the few genuine Anatolian ceramic pieces that appeared on the market were followed immediately by very competent forgeries apparently made in the same location as the ancient pieces. The lack of knowledge about genuine pieces made detection extremely difficult.
Within computer science, informatics uses the term "provenance" to mean the lineage of data, as per data provenance, with research in the last decade extending the conceptual model of causality and relation to include processes that act on data and agents that are responsible for those processes. See, for example, the proceedings of the International Provenance Annotation Workshop (IPAW) and Theory and Practice of Provenance (TaPP). Semantic web standards bodies, including the World Wide Web Consortium in 2014, have ratified a standard data model for provenance representation known as PROV which draws from many of the better-known provenance representation systems that preceded it, such as the Proof Markup Language and the Open Provenance Model.
Where the research is proceeding backwards, to discover the previous provenance of a painting whose current ownership and location is known, it is important to record the physical details of the painting – style, subject, signature, materials, dimensions, frame, etc. The titles of paintings and the attribution to a particular artist may change over time. The size of the work and its description can be used to identify earlier references to the painting. The back of a painting can contain significant provenance information. There may be exhibition marks, dealer stamps, gallery labels and other indications of previous ownership. There may also be shipping labels. In the BBC TV programme Fake or Fortune? the provenance of the painting Bords de la Seine à Argenteuil was investigated using a gallery sticker and shipping label on the back. Early provenance can sometimes be indicated by a cartellino (a representation of an inscribed label) added to the front of a painting. However, these can be forged, or can fade or be painted over.
Beltracchi spent a year and a half in this grim penitentiary, but is now allowed to spend many days at home, where he is launching a new career. Beltracchi is painting again and is signing his works Beltracchi. He needs to get his name out there, which is probably why he agreed to talk to us. He's lost everything is now facing multiple lawsuits totaling $27 million.
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.
I'll make a confession right off the bat: I didn't give The Art Forger 4 stars because I was blown away by the prose, scene, setting, or characterization. Had those been up to snuff I'd have given it an easy 5. There are some flat characters, relies somewhat on stereo typical thinking about artists and their studios, it sports some letters written by someone else in stand alone chapters which jar a bit with the first person view point (one would assume our heroine would have no knowledge of thes ...more
In transactions of old wine with the potential of improving with age, the issue of provenance has a large bearing on the assessment of the contents of a bottle, both in terms of quality and the risk of wine fraud. A documented history of wine cellar conditions is valuable in estimating the quality of an older vintage due to the fragile nature of wine.
When one of the oldest and most respected art galleries in America, the Knoedler Gallery in New York, closed its doors abruptly in 2011, the art world was stunned. Not because the gallery closed, but by the discovery that over the course of 15 years, the gallery and its president, Ann Freedman, had sold millions of dollars in forgeries to wealthy collectors.
According to former art consultant Beth Fiore, people don’t normally buy art with cash in the US; “Cash payments for art happen in Russia [and the] Middle East” more often. So if you’re keeping your fortune under your mattress and don’t live in either of those places, you’ll need to get your money into a bank account without alerting the authorities. One way to do that is by smurfing. Despite the mental image of a blue cartoon character riding a surfboard that you may have conjured, smurfing means depositing money into a bank account or several bank accounts by breaking it up in to many small amounts that are deposited at different times, by different people. US banks must report any deposits over $10,000 to the IRS, so in order to stay sneaky, you’ll need to make a series of deposits that are less than that amount. You can hire “smurfs” to help you, who are often ordinary people willing to make an extra buck by opening up a joint bank account in their name, that you or your company has access to, and depositing money into it every day.
French artist Orlan sued American pop star Lady Gaga for forgery after the release of the 2011 hit video “Born This Way,” but ultimately lost her case. Orlan pointed out similarities to her piece Bumpload (1989), in which she added prosthetic ridges to her face, and Woman With Head (1996), which featured a decapitated head on a table. After losing her $31.7 million lawsuit, Orlan was ordered to pay the singer and her record label €20,000 ($22,000)
The Nelson-Atkins Museum of Art uses a variation of the format suggested by The AAM Guide to Provenance Research (Washington, D.C., 2001). Provenance is listed in chronological order, beginning with the earliest known owner. Methods of transactions and relationships between owners, if known, are indicated at the beginning of each line. The term “With” precedes a dealer’s name to indicate their commercial status when the method of their acquisition is unknown. Life dates for private collectors are included in parentheses and dates of ownership, when known, are indicated at the end of each line. Uncertain information is preceded by the terms “possibly” or “probably.” Footnotes are used to document or clarify information.
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. 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.
The 20th-century art market has favored artists such as Salvador Dalí, Pablo Picasso, Klee and Matisse and works by these artists have commonly been targets of forgery. These forgeries are typically sold to art galleries and auction houses who cater to the tastes of art and antiquities collectors; at time of the occupation of France by German forces during World War II, the painting which fetched the highest price at Drouot, the main French auction house, was a fake Cézanne.
Of course, beyond AML-related process concerns, any art dealer — just like any business person — always must remember that just about any financial transaction that involves proceeds known to have originated from illegal activity represents a criminal money laundering offense. Stated otherwise, even if the BSA is not expanded to include dealers in art and antiquities, those in the U.S. art industry still need to bear in mind, in extreme examples, the omnipresent federal criminal code. Sometimes, the provenance of the funds can be more critical than the provenance of the art.
In June, antiques dealers Laurent Kraemer, head of Paris’s venerable Kraemer Gallery, and chair specialist Bill Pallot, were arrested on suspicion of selling the Palace of Versailles four counterfeit medallion back chairs for €1.7 million ($1.9 million). Counted as “National Treasures,” the chairs were thought to be among a group of 13 created by Louis Delanois for the Palace living room in 1769, where they belonged to Louis XV’s last mistress, the countess du Barry.
The innocuous nature of these copies gets overshadowed by the explosive scandals that do rock the art world from time to time. Recent headlines include the Modigliani exhibition in Genoa, which was shut down this summer after 30 percent of the paintings were alleged to be forgeries, and the Sotheby’s $10.6 million sale of a fake Frans Hals a year ago. Legally, Lowy clients are formally required to acknowledge that the piece it is a copy and will not be used unlawfully, but just in case, the firm’s contract indemnifies the company against any potential wrongdoing. “There is certainly fraudulent behavior out there,” says co-owner Brad Shar. “We wanted to make sure that we were legally protected.”
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.
The Dutch forger Han van Meegeren employed a combined composite and stylistic procedure when he created seven paintings between 1936 and 1942 based on the work of Johannes Vermeer. In The Supper at Emmaus he combined figures, heads, hands, plates, and a wine jar from various early genuine Vermeers; it was hailed as a masterpiece and the earliest known Vermeer. Ironically, van Meegeren never was detected as a forger. At the end of World War II he was arrested for having sold a painting attributed to Vermeer to one of the enemy and was accused of being a collaborator. He chose to reveal himself as a forger, which was a lesser offense, and proved his confession by painting another “Vermeer” under the eye of the authorities.
Stories of art and money laundering tend to be media friendly, and often involve the wealthy behaving poorly. In one notorious case, the Department of Justice (“DOJ”) seized, via a civil forfeiture action, Jean Michel Basquiat’s 1981 painting, Hannibal. This work — later returned to Brazil by the DOJ — had been smuggled into the U.S. by Edemar Cid Ferreira, a former Brazilian banker who was convicted of money laundering and other offenses, and who allegedly converted some of his laundered proceeds into a significant art collection. According to the DOJ, although Hannibal had been appraised at a value of $8 million, it had been smuggled by Ferreira into the U.S. from Brazil, via the Netherlands, with false shipping invoices stating that the contents of the shipment were worth $100. Other stories provide less genteel tales of drug cartels, terrorist organizations and other criminal syndicates financing themselves through systemic looting and the illicit antiquities trade.
And in response to Beijing’s strict capital controls which make it illegal for an individual move more than $50,000 out of China per year, wealthy folks from China are turning increasingly to smuggling art out of the country instead. "Items can be bought and sold relatively anonymously, and even when a transaction occurs, complex ownership schemes -- many with a degree of secrecy attached -- are widespread," Paul Tehan of TrackArt, a Hong Kong-based art risk consultancy, told CNN. According to Tehan, senior managers of an art shipping company based in China were arrested for allegedly forging the value of imported art in order to help buyers avoid paying millions in duties.
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.