In an effort to make this information more publicly accessible, this list can be found here and and is regularly updated as the Museum’s research progresses. This list is also published on AAM’s Nazi-Era Provenance Internet Portal (NEPIP), a central searchable registry of objects in U.S. museums that were created before 1946 and that possibly changed hands in continental Europe between 1933 and 1945, which was last updated in 2017.
Whenever I am approached by someone to buy my art, who I did not know, I always insist that I be paid through PayPal or Payoneer. After that, I usually never heard from those people again.  Another way for an artist to protect themselves in a transaction like this is to insist to have the transaction handled by an escrow agent.  The final transaction, shipping etc. is not completed until all of the funds have been verified and cleared.  Any legitimate buyer or collector of art will not have a problem dealing in either manner.  Anyone who objects to this way of doing business with you is someone who you do not want to do business with!
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.

Nearly 40 paintings, supposedly created by some of the most important artists of the 20th century, were all fakes, painted by a struggling artist in his garage in Queens. The fraud might still be going on if it weren't for an art historian Jack Flam -- who was the first person to uncover the scheme and blow the whistle to the government, putting the brakes on an $80 million con -- the most audacious and lucrative art fraud in U.S. history.


The United States similarly requires all cash transactions of $10,000 or more to be reported. Still, laundering involving art tends to be handled case by case. Federal prosecutors, who usually discover art-related laundering through suspicious banking activity or illegal transport across borders, have worked closely with other countries and aggressively used their powers under civil law to confiscate art that they can establish is linked to a crime, even in the absence of a criminal conviction.

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.


Whether the seller agrees to take full legal responsibility for the accuracy of the provenance is crucial information for buyers in terms of their own due diligence obligations and their ability to rely on information provided by sellers. Making all of this clear in the sales contract is unquestionably in everyone’s interest, even if—much like a prenuptial agreement—it spoils some of the romance associated with the purchase of Fine Art.
Edward Winkleman tells us that “transfer of title for digital art happens with an invoice. The collector generally receives a certificate of authenticity, which is required if they ever want to resell or donate the work to a museum. The artwork could indeed be delivered digitally, and payment could indeed be received digitally, but the bank records will show the transaction.”
Before addressing those questions, it is useful to consider how provenance is relevant to sales of art. Art litigation generally falls within one of three categories: disputes concerning ownership, disputes concerning authenticity, and, to a lesser extent, disputes concerning value. The provenance of a work may bear on each of those potential areas of dispute. Obviously, to the extent provenance represents a chain of title, it may bear quite directly on a dispute concerning ownership. (If “H.W. Göring, Berlin” is listed in the provenance, that is probably a red flag).3
Provenance – also known as "custodial history" – is a core concept of archival science and archival processing. The term refers to the individuals, groups, or organizations that originally created or received the items in an accumulation of records, and to the items' subsequent chain of custody.[16] The principle of provenance (sometimes also termed the principle of archival integrity or respect des fonds) stipulates that records originating from a common source (or fonds) should be kept together – where practicable, physically; but in all cases intellectually, in the way in which they are catalogued and arranged in finding aids. Conversely, records of different provenance should be preserved and documented separately. In archival practice, proof of provenance is provided by the operation of control systems that document the history of records kept in archives, including details of amendments made to them. The authority of an archival document or set of documents of which the provenance is uncertain (because of gaps in the recorded chain of custody) will be considered to be severely compromised.
* Get full names and contact information for all private parties who the seller claims previously owned the art, or other forms of proof that they indeed owned it. Confirm that these people actually exist (or existed) and, when possible, contact them or their descendants directly to confirm all claims. Or have the seller do it for you. Simply being given a list of names with no other accompanying or verifiable information is not enough.
Provenance trials, where material of different provenances are planted in a single place or at different locations spanning a range of environmental conditions, is a way to reveal genetic variation among provenances. It also contributes to an understanding of how different provenances respond to various climatic and environmental conditions and can as such contribute with knowledge on how to strategically select provenances for climate change adaptation.[68]

To sum up, the Times muddles the very different issues of ensuring the integrity of works of art—the authenticity question—which is real and requires an entity that can work with owners who want to maintain their anonymity for legitimate reasons with the issue of beneficial ownership—which is less pressing with art because it is relatively rare and covered by the parallel system of KYC run by the banks the auction houses rely upon to vouch for their clients’ ability to afford the works they want to buy.
* Provenance must specifically describe the piece of art that's being offered for sale in order to be valid. It should contain important information including dimensions, medium, date of creation (if known), title (if known), and other relevant details. Documents that do not specifically describe the work of art in question do not constitute valid provenance.
As the trial nears, a few facts are certain. Rosales sold fraudulent art; after pleading guilty to nine counts that include wire fraud and money laundering, she agreed to cooperate in the investigation and is awaiting sentencing. Her boyfriend Bergantiños was arrested in Spain and remains there. Pei-Shen, who brilliantly forged work by the most lauded artists of the 20th century, is on the loose and untouchable somewhere in China.

The commonest motivation for fraudulence is monetary gain. Fraudulence is most likely to occur when the demand for a certain kind of work coincides with scarcity and thus raises the market prices. Unprincipled dealers have encouraged technically skilled artists to create forgeries, occasionally guiding them to supply the precise demands of collectors or museums. This is by no means a modern phenomenon: in the 1st and 2nd centuries ad, sculptors working in Rome made replicas of Grecian works to satisfy the demands for the greatly admired Grecian sculpture of the preceding five centuries. These copies or adaptations apparently were not offered as contemporary work but as booty from Greece at the extraordinarily high prices paid for such works in imperial Rome. Similar circumstances may account for the “discovery” of a manuscript or autograph by a dead author or composer, although many such finds are quite legitimate and have been authenticated.
In paleontology and paleoanthropology, it is recognized that fossils can also move from their primary context and are sometimes found, apparently in-situ, in deposits to which they do not belong because they have been moved, for example, by the erosion of nearby but different outcrops. It is unclear how strictly paleontology maintains the provenience and provenance distinction. For example, a short glossary at a website (primarily aimed at young students) of the American Museum of Natural History treats the terms as synonymous,[27] while scholarly paleontology works make frequent use of provenience in the same precise sense as used in archaeology and paleoanthropology.
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In the geologic use of the term, provenance instead refers to the origin or source area of particles within a rock, most commonly in sedimentary rocks. It does not refer to the circumstances of the collection of the rock. The provenance of sandstone, in particular, can be evaluated by determining the proportion of quartz, feldspar, and lithic fragments (see diagram).
In regards to the critical issue of the source of the funds, the AML Guidelines “encourage” art businesses “to decline payments from a third party who is not their client and buyer of record. If there are legitimate reasons why it is justified for the Art Business to accept payment from a third party, before doing so the Art Business should conduct enhanced due diligence on both their buyer of record and the third party payer[.]”  The AML Guidelines also articulate a “preference” for art businesses only “to accept payments from reputable banks in jurisdictions subject to AML regulation and supervision.  Such reputable banks and financial institutions are generally subject to a high degree of AML regulation. That said[,] Art Businesses should remain vigilent and not rely entirely on the fact that banks and financial institutions will have carried out the necessary checks and verification to be satisfied that the source of funds is clean.”
To combat these problems The Authentication in Art Foundation was established in 2012 by experts from different fields involved with the authenticity of art. The aim of the foundation is to bring together experts from different specialities to combat art forgery. Among its members are noted experts such as David Bomford, Martin Kemp, and Mauricio Seracini.[24]
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.[24]
The hardest deception to detect is usually one that has been made recently. The forgery is a product of the time in which it was made, and the forger is closer to current understanding of the artist or period forged. The forgery, therefore, is often more appealing than a genuine work of art. As a forgery ages, viewpoints and tastes shift, and there is a new basis of understanding. Consequently, a forgery rarely survives more than a generation.
All the paintings appear to have originated with one man, an obscure French collector-turned-dealer named Giulano Ruffini. The works appear to have had next-to-no provenance, save that they came from the collection of French civil engineer André Borie. Ruffini insists he never suggested they were the real deal, and that eager dealers were the ones to declare his paintings Old Master originals.
The indictment says that Sack and Katzen promoted themselves as fine art dealers who were "capable of selling various works of art to be paid for in cash, as a way to launder money earned through illegal drug trafficking. The pair "offered to resell overseas any works of art first sold by them," the indictment says. One of the acts alleged as part of the conspiracy was the purchase of a cash-counting machine to sort out any counterfeit bills from the millions the pair expected to receive, the indictment says. The conspiracy took place in New York, Connecticut and Massachusetts, the U.S. says.
The dating of an object by the study of radioactive decay of carbon-14 has had little application in the detection of art forgery because of the large quantities of material that must be destroyed. Thermoluminescent dating is based on the slight damage to all matter, including clays, by the faint nuclear radiation present in the earth. Magnetic dating of ceramic objects is based on the slow but perceptible shift of the earth’s magnetic field over the centuries.
However, federal criminal prosecutions against art forgers are seldom brought due in part to high evidentiary burdens and competing law enforcement priorities. For example, internet art frauds now appear in the federal courts' rulings that one may study in the PACER court records. Some frauds are done on the internet on a popular auction websites. Traces are readily available to see the full extent of the frauds from a forensic standpoint or even basic due diligence of professionals who may research matters including sources of PACER / enforcing authority records and on the internet.
* When a seller states that a work of art is "attributed to" a particular artist, get the name of the person who did the attributing. If that person is not an established and respected expert on the artist, then the attribution is most likely meaningless. Furthermore, an attribution, no matter who makes it, does not constitute valid provenance or proof that the art is by the artist whose signature it bears.
The problem isn’t their argument that seller’s should reveal themselves. It’s the slapdash evidence and flawed logic they use. The story’s biggest problem begins with the lede where it is argued that real estate sellers are transparent. Several graphs deeper in the story it is revealed that real estate transactions that are on a par with major art transactions are, in fact, not transparent. How do we know that? Because the Times tells us about a pilot program that requires transparency. Here’s the opening graph:
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.

There are several maintained and open-source provenance capture implementation at the operating system level such as CamFlow,[42][43], Progger[44] for Linux and MS Windows, and SPADE for Linux, MS Windows, and MacOS.[45] Other implementations exist for specific programming and scripting languages, such as RDataTracker[46] for R, and NoWorkflow[47] for Python.
The fundamental consideration in determining forgery is “intent to deceive.” The act of copying a painting or other work of art is in itself not forgery, nor is the creation of a work “in the style” of a recognized painter, composer, or writer or of a particular historical period. Forgery may be the act not of the creator himself but of the dealer who adds a fraudulent signature or in some way alters the appearance of a painting or manuscript. Restoration of a damaged painting or manuscript, however, is not considered forgery even if the restorer in his work creates a significant part of the total work. Misattributions may result either from honest errors in scholarship—as in the attribution of a work to a well-known artist when the work was in fact done by a painter in his workshop, a pupil, or a later follower—or from a deliberate fraud.
Archaeology and anthropology researchers use provenience to refer to the exact location or find spot of an artifact, a bone or other remains, a soil sample, or a feature within an ancient site,[3] whereas provenance covers an object's complete documented history. Ideally, in modern excavations, the provenience is recorded in three dimensions on a site grid with great precision, and may also be recorded on video to provide additional proof and context. In older work, often undertaken by amateurs, only the general site or approximate area may be known, especially when an artifact was found outside a professional excavation and its specific position not recorded. The term provenience appeared in the 1880s, about a century after provenance. Outside of academic contexts, it has been used as a synonymous variant spelling of provenance, especially in American English.
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.
Even though De Sole was appointed chairman of Sotheby’s in 2015 and, presumably, is art-savvy, Clarick points out that his being scammed speaks volumes. “To me,” says Clarick, “it says that the works were pretty good-looking and conveys the impeccable reputation that Knoedler and Ann Freedman had. People believed them. You don’t buy a really fancy diamond from Tiffany and have it checked out on 47th Street.”
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