Sometimes provenance can be as simple as a photograph of the item with its original owner. Simple yet definitive documentation such as that can increase its value by an order of magnitude, but only if the owner was of high renown. Many items that were sold at auction have gone far past their estimates because of a photograph showing that item with a famous person. Some examples include antiques owned by politicians, musicians, artists, actors, etc.[6]
While the detection of the careful forger may require an expert, forged literary autographs can often be detected by anyone taking the trouble to compare them with an authentic example. Many collectors have been deceived by their own credulity, because they wished to believe that they were getting a good bargain and subconsciously suppressed their critical faculty. A classic case is that of the French forger Vrain-Denis Lucas, who sold a collection of forgeries including a letter of St. Mary Magdalene, written in French on paper made in France.
Finally, under Guideline 6, the AML Guidelines provides that art businesses must maintain adequate records of their due diligence efforts. Perhaps stating the obvious, but perhaps also implicitly acknowledging the existence of practices by certain dealers, the AML Guidelines observe that “[a]ll documents issued by an Art Business in connection with a transaction (e.g. valuations, sale and purchase agreements, invoices, shipping documents, import / export declarations etc.) should be true, accurate and contemporaneous and represent the honestly held professional opinions of the Art Business.” Likewise, dealers “should refuse all requests from clients to alter, back date, falsify or otherwise provide incomplete or misleading documentation or information relating to a transaction. If there are legitimate reasons for altering a document (e.g. invoicing error etc.) the circumstances and justification should be fully documented and retained on file for future reference and audit.”

In archaeology and paleontology, the derived term provenience is used with a related but very particular meaning, to refer to the location (in modern research, recorded precisely in three dimensions) where an artifact or other ancient item was found.[3] Provenance covers an object's complete documented history. An artifact may thus have both a provenience and a provenance.

The Art Business should examine the client’s background and purpose behind the contemplated transaction. For example, are the artworks being sold by the client consistent with what is known about the client’s collection? Is the level at which the client is selling or buying consistent with their past transactions and what is known about their professional activities and personal wealth? If not, the Art Business may want to ask the client for further information.
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.
   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.
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.

There are many ways to launder money, from the simple to the very complex. One of the most common techniques is to use a legitimate, cash-based business owned by a criminal organization. For example, if the organization owns a restaurant, it might inflate the daily cash receipts to funnel illegal cash through the restaurant and into the restaurant's bank account. After that, the funds can be withdrawn as needed. These types of businesses are often referred to as "fronts."

This is a novel that is based on a true crime: a $500 million art heist at the Gardner Museum in Boston in 1990. The story centers around artist Claire Roth, who is good at making reproductions of famous paintings. Early in the book, a dealer asks Claire to make a forgery of one of the Edgar Degas paintings that was stolen from the Gardner. Claire recognizes that she's making a deal with the devil, and part of her payment is she gets her own art show.


Sometimes, they give us works that great artists simply didn’t get around to making. If a fake is good enough to fool experts, then it’s good enough to give the rest of us pleasure, even insight. The late Swiss collector Ernst Beyeler called a fake Rothko from Queens a “sublime unknown masterwork” in 2005 and hung it in his namesake museum. Why not think of that picture as the sublime masterwork that Rothko happened not to have got around to? Is it a bad thing if thousands more people in China get to own works by the great modern master Qi Baishi — even if the works they own aren’t actually by him? In some ways, they are by him, in the profound sense that they almost perfectly capture his unique contribution to art. If they didn’t, no one would imagine he’d made them.
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.[30] 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.

Finally, forgers teach us to doubt connoisseurs. There’s a myth out there, propagated by the market and some strains of academe, that certain thoroughbred experts can smell authentic art at 100 yards. After more than a century of bad attributions, reattributions and long-lived fakes, you’d think we would know better than to believe in such fantasy creatures. The truth is, the connoisseur’s eye works brilliantly in that vast majority of attributions where an artwork comes without a name attached but clearly has a single maker’s signature look. And then that eye fails utterly in those remaining, more iffy cases where a piece looks quite like some artist’s work, but may almost as easily be by someone else — including a forger.


The Art Business should examine the client’s background and purpose behind the contemplated transaction. For example, are the artworks being sold by the client consistent with what is known about the client’s collection? Is the level at which the client is selling or buying consistent with their past transactions and what is known about their professional activities and personal wealth? If not, the Art Business may want to ask the client for further information.

New England Glass Works (American, 1818-1888), Black-Amethyst Sinumbra Lamp, 1830-1835, Translucent dark amethyst glass appearing black, pressed, with patinated copper alloy (brass) fittings and iron alloy lamp mechanism, a blown transparent colorless glass shade, ground and wheel-cut, and a transparent blown glass chimney (replaced), 17 1/2 in., 2016.214.
Finally, under Guideline 6, the AML Guidelines provides that art businesses must maintain adequate records of their due diligence efforts. Perhaps stating the obvious, but perhaps also implicitly acknowledging the existence of practices by certain dealers, the AML Guidelines observe that “[a]ll documents issued by an Art Business in connection with a transaction (e.g. valuations, sale and purchase agreements, invoices, shipping documents, import / export declarations etc.) should be true, accurate and contemporaneous and represent the honestly held professional opinions of the Art Business.” Likewise, dealers “should refuse all requests from clients to alter, back date, falsify or otherwise provide incomplete or misleading documentation or information relating to a transaction. If there are legitimate reasons for altering a document (e.g. invoicing error etc.) the circumstances and justification should be fully documented and retained on file for future reference and audit.”
   Artists have been copying the images and the styles of other artists for thousands of years. Up until around the 16th Century this was a common practice, used to pass down historical, religious and artistic tradition for future generations. Copying the work of others, and particularly the Masters, was a normal part of any artist's academic training. It still is, in major art schools, a normal and required part of an art student's cirriculum.
The United States passed the Banking Secrecy Act in 1970, requiring financial institutions to report certain transactions to the Department of the Treasury, such as cash transactions above $10,000 or any others they deem suspicious, on a suspicious activity report (SAR). The information the banks provide to the Treasury Department is used by the Financial Crimes Enforcement Network (FinCEN), which can share it with domestic criminal investigators, international bodies or foreign financial intelligence units.
One of the more-complicated examples is that of the Getty kouros, an allegedly 6th-century-bce male sculpted figure owned by the J. Paul Getty Museum in Los Angeles that has long been suspected of being a modern forgery. The Getty paid a very high price for what it believed may have been the last remaining such figure on the art market only to find that the sculpture had stylistic irregularities that suggested that it could not be authentic. At the same time, scientific tests have not demonstrated that it is of modern origin, and some scholars have argued that stylistic anomalies do not prove that it is a fake. The Getty Villa exhibited the work in its galleries with a label that read: “about 530 bc or modern forgery.” However, the kouros was removed from view when the museum completed a yearlong renovation in 2018, with the director stating that the sculpture was fake.
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