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.

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.

While the US art market remains relatively unregulated, organizations across the globe are taking steps to hold dealers accountable for reporting illegal activity. In February of 2013, the European Commission passed ordinances that require European galleries to report sales above 7,500 euros paid in cash, as well as file suspicious-transaction reports. And in the beginning of this year, a forum was held at the World Economic Forum in Davos, Switzerland in which economist Nouriel Roubini, among others, spoke on the art market’s susceptibility to laundering and other economic crimes like tax avoidance and evasion. “Anybody can walk into a gallery and spend half a million dollars and nobody is going to ask any questions," said Roubini according to Swiss Info.

He uses what is called Raman spectroscopy, which can help detect historically inaccurate pigments. That’s what cut Beltracchi’s career short.  He was sentenced to six years in a German prison. His wife, Helene, to four. But the chaos they wrought has not been undone.  Now, galleries and auction houses who vouched for his forgeries have been sued by the collectors who bought them.


Archaeological sites Ancient Greek pottery Automobiles Bone, horn, and antler objects Books, manuscripts, documents and ephemera Ceramic objects Clocks Copper-based objects Feathers Film Flags and banners Frescos Fur objects Glass objects Herbaria Historic gardens Human remains Illuminated manuscripts Insect specimens Iron and steel objects Ivory objects Judaica Lacquerware Leather objects Lighthouses Metals Musical instruments Neon objects New media art Outdoor artworks Outdoor bronze objects Outdoor murals Paintings Painting frames Panel paintings Papyrus Parchment Performance art Photographs Photographic plates Plastic objects Pompeian frescoes Shipwreck artifacts Silver objects South Asian household shrines Stained glass Taxidermy Textiles Tibetan thangkas Time-based media art Totem poles Vehicles Vinyl discs Woodblock prints Wooden artifacts Wooden furniture
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.
Like most laundering cases involving art in the United States, this one was uncovered when the work was illegally transported into the country. In 2004 Mr. Ferreira’s financial empire, built partly on embezzled funds, collapsed, leaving $1 billion in debts. A court in São Paulo sentenced him in 2006 to 21 years in prison for bank fraud, tax evasion and money laundering, a conviction he is appealing. Before his arrest, however, more than $30 million of art owned by Mr. Ferreira and his wife, Márcia, was smuggled out of Brazil, Judge De Sanctis said.
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.
Stylistic analysis is subjective: it rests on the astute eye of the art historian. Each artist has a style, a flair, a verve unique to himself, and this can be recognized. His style will undergo change throughout his career, and this, too, can be stylistically analyzed and documented from his known works. When an unknown work purporting to be by a certain artist is discovered, the art historian attempts to fit it into the overall body of works by this artist. The subject matter, the brushwork, the choice of colours, and the type of composition are all consistent elements in a given artist’s production. Any variation immediately arouses suspicion. When the idiosyncrasies of an artist’s brushwork are studied, a fraud can sometimes be detected in much the same way a handwriting forgery is proven. In ancient works, particularly in antiquities, the scholar must examine the iconography of a piece. Forgers rarely have the scholarly background to combine iconographic elements correctly, and their errors often betray them.
Your documents must be investigated—because they are worth nothing until proven to be authentic. You have to be able to trace the qualified individual’s signature, the artist in the question, or previous owners back to real people. This will help you confirm that the document given to you is not fallacious. Unqualified experts attribute art all the time, and the documents might be completely trustworthy.
Like most laundering cases involving art in the United States, this one was uncovered when the work was illegally transported into the country. In 2004 Mr. Ferreira’s financial empire, built partly on embezzled funds, collapsed, leaving $1 billion in debts. A court in São Paulo sentenced him in 2006 to 21 years in prison for bank fraud, tax evasion and money laundering, a conviction he is appealing. Before his arrest, however, more than $30 million of art owned by Mr. Ferreira and his wife, Márcia, was smuggled out of Brazil, Judge De Sanctis said.

This scam works for the scammer because the transaction will take time due to the distance involved for both parties.  To the unwary artist, the credit card transaction will go through, the art is shipped, only for the artist to find out later that credit card number was stolen and or that the check was no good and that the artist will not be receiving their funds.  Then as a consequence of all this, the artist is out of their art and the costs involved, plus the cost of the shipping. 

Fine examples of pottery and porcelain have always commanded high prices, which have, in turn, encouraged the making of forgeries and reproductions. Since many European factories tried to imitate Italian majolica during the 19th century when it was especially popular, forgeries are common. The work of Urbino, Castel Durante, Faenza, and Gubbio was copied freely, and, to a lesser extent, so were the wares of Orvieto and Florence. Most of these forgeries are not close enough to deceive a reasonably expert eye. Potters used natural deposits the impurities of which, for good or ill, often affected the final result; until recently it has been impossible to procure materials in a pure state. In all but a few isolated instances (some German stoneware reproductions, for example) the forger no longer has access to these original deposits and he has to imitate the effect of the impurities as best he can. Although the best forgeries are often remarkably close to the originals, they are not very numerous.


The scientific examination of a forged document may demonstrate its spurious character by showing that the parchment, paper, or ink cannot belong to the period to which they pretend. A skillful forger takes care, however, to secure appropriate materials; and in any case, scientific examination will not avail against the contemporary forger, living in the same age as his victim. Accordingly, other tests must be employed.
— The United Nations Office on Drugs and Crime estimates the amount of illicit money that is laundered each year to be between “2 - 5% of global GDP, or $800 billion - $2 trillion in current US dollars.” The difficulty of knowing exact figures accounts for the huge margin within estimates. The UN’s estimates specifically cite “Mega-Byte” as an issue, defining the term as “money in the form of symbols on computer screens the can move anywhere in the world with speed and ease.”
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.

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.
Sack discussed transferring the proceeds from the resale to an offshore account, the agent's affidavit says, and the dealers explained that the buyer would see a net loss in funds. When the undercover agent mentioned normally paying "10% to 15%" to launder money, Katzen said the works could easily be sold at a 10% discount, the affidavit says. Katzen said he would move the money very, very slowly, the affidavit says, and told the agent he had a client in Europe who was ready to buy the Modigliani "under these circumstances."
* If the seller states that the work of art sold at an auction house, have them provide the name and contact information for the auction house as well as the date of the sale and lot number of the art in that sale. Just because an auction house sells a work of art does not automatically make that work of art genuine. Best procedure here is to get a copy of the auction catalog and carefully read the listing for the art.
It is important to note that objects identified as containing a Nazi-era provenance are not assumed to have been looted during the Nazi era or to have been acquired illegally. Rather, by making this information available to the public, the Nelson-Atkins provides an opportunity for additional information to be made available and fulfills its mission to steward responsibly the collections in its care.
This essay addresses provenance issues in the context of a sale. Of course the provenance of a piece is an important factor in determining its authenticity, but how important to the seller and buyer is knowing that, for example, there were three private owners between the artist and the current owner. If one of those owners was Paul Mellon or a major museum, it might be very important. And, have the buyer and seller made that importance clear in their sale agreement?

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As with other members of the American Alliance of Museums (AAM), The Nelson-Atkins Museum of Art is making a concerted effort to research Nazi-era provenance for the paintings, sculptures, decorative arts, Judaica and works on paper in its collection to determine past ownership and, if necessary, to make proper restitution to the owners or the heirs. Following the standards and guidelines issued by the Association of Art Museum Directors (AAMD) and AAM, the Museum is currently conducting research on works of art in its collection that were created before 1946 and acquired by the Museum after 1932* that changed hands, or might have changed hands, in continental Europe between 1933 and 1945, and/or could have been spoliated by the Nazis and not subsequently restituted to their rightful owners. In accordance with AAM and AAMD standards and guidelines, the Museum is prioritizing research on European paintings, sculpture, drawings and Judaica, though research will eventually cover all accessioned objects identified as containing Nazi-era provenance.

Perhaps most frightening of all, there is no telling how many fakes still lie in plain sight, accepted as originals by experts and the public alike. Famed contemporary forgers such as Wolfgang Beltracchi and Mark Landis, for instance, have infiltrated many museum collections. In 2014, Switzerland’s Fine Art Expert Institute estimated that 50 percent of all work on the market is fake—a figure that was quickly second-guessed, but remains troubling.


There is no comparable entity in the art market. But were the same type of program instituted in the art market, it would only require that the auction house, dealer or lawyer know the beneficial owner and be able to reveal that information to federal authorities. It would not require the other side of the transaction to learn the seller (or buyer’s) identity.
Some suggest that a verbal confirmation serves as authentication, although if you can’t store the document in your Artwork Archive account, it’s risky. If someone gives you a verbal confirmation, our suggestion is to request an inked version, certified by either the individual’s credentials or the gallery where you bought the piece. Whatever form of paper authenticity you have, be sure to log it in your Artwork Archive account.
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.
A forgery ring busted in 2011 is still having repercussions across the Alberto Giacometti market. Dutch Giacometti forger Robert Driessen made €8 million ($8.9 million) selling forged sculptures, along with thousands of fake bronzes, before his misdeeds were discovered. In 2015, the case again made headlines when a German dealer was caught trying to sell one of the works still at large to an undercover agent.

While the US art market remains relatively unregulated, organizations across the globe are taking steps to hold dealers accountable for reporting illegal activity. In February of 2013, the European Commission passed ordinances that require European galleries to report sales above 7,500 euros paid in cash, as well as file suspicious-transaction reports. And in the beginning of this year, a forum was held at the World Economic Forum in Davos, Switzerland in which economist Nouriel Roubini, among others, spoke on the art market’s susceptibility to laundering and other economic crimes like tax avoidance and evasion. “Anybody can walk into a gallery and spend half a million dollars and nobody is going to ask any questions," said Roubini according to Swiss Info.
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.

* FIRST AND FOREMOST: NEVER BID ON OR BUY ART WITHOUT SEEING THE PROVENANCE FIRST. Sellers may say they have provenance, but will only show or give it to winning bidders or buyers after they purchase the art. Other common excuses for not showing provenance include protecting the privacy of the previous owners, keeping bidders from contacting previous owners, or keeping it private. In most cases, the real reason for not showing the provenance is that it's questionable in nature or worse yet, it doesn't even exist. If the seller won't let you see it up front, don't bid and don't buy. Period.
I loved that I recognized many of the locations mentioned here, like The Back Bay, The South End, Newbury Street, The Mandarin Oriental Hotel, The Museum Of Modern Art, of course the Isabella Stewart-Gardner Museum. I have actually long held a little-known fascination with the Gardner heist, primarily because of the idea that her will induces the museum board to leave empty frames in their place, even decades after the only unsolved large-scale art heist. It is unsettling, moving, eye-opening, a ...more
Motivations- check, he gives you that, details of specific works- check he gives you that, but I was hoping for some information on HOW they forge things, why, if they have that kind of talent do they not do their own (other than money, and of course risk), how they can tell (lightly touched on) that it was forged. This is a good overview book, but not detailed, not for someone who has huge curiosity about the field of art forgery. Start here, but if you are wondering more, keep looking.
In summer 2009, ARCA - the Association for Research into Crimes against Art - began offering the first postgraduate program dedicated to the study of art crime. The Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection includes coursework that discusses art fakes and forgery. Education on art crime also requires research efforts from the scholarly community through analysis on fake and forged artworks.[32]
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.
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.[27]

   Redistribution of the world’s wealth after the Renaissance created an explosive demand for art by a newly educated and prosperous mercantile middle class. Guilds of Master artists and students became virtual factories for art that was produced to fill this demand. The sale of State and Ecclesiastical art collections created new secondary markets in the form of dealers, galleries and auction houses. For the first time in history, art became a commercial commodity.


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.
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