Most of these industries have checks. Real estate titles and deeds at least require a name. Mortgage brokers, stockbrokers, casinos, banks and Western Union must report suspicious financial activity to the federal Financial Crimes Enforcement Network. Banks must report all transactions of $10,000 or more. Altogether, the network logs more than 15 million currency transactions each year that can be used to track dirty money, said Steve Hudak, a spokesman for the agency. The art market lacks these safeguards. Roll up a canvas and it is easy to stash or move between countries; prices can be raised or lowered by millions of dollars in a heartbeat; and the names of buyers and sellers tend to be guarded zealously, leaving law enforcement to guess who was involved, where the money came from and whether the price was suspicious.
In this context, the provenance can occasionally be the detailed history of where an object has been since its creation, as in art history contexts – not just since its modern finding. In some cases, such as where there is an inscription on the object, or an account of it in written materials from the same era, an object of study in archaeology or cultural anthropology may have an early provenance – a known history that predates modern research – then a provenience from its modern finding, and finally a continued provenance relating to its handling and storage or display after the modern acquisition.
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.
My predominant emotion while reading this book was irritation and I became much more interested in why it was irritating me so much than I was in the novel itself. I suppose principally because I thought it was going to be much more literary – a novel that creates the feeling that the characters are generating the plot rather than a novel whose plot creates the characters.
Provenance can be difficult to determine. The information presented here is intended to be a teaching tool for those interested in provenance research, specifically how to read it and what to look out for in terms of periods and areas of added scrutiny. Beyond introducing readers to the subject, the page also aims to be the new home for information about the Toledo Museum of Art’s recently acquired works of art, especially those that require additional provenance research. The Museum welcomes any information from the public that may help close gaps or provide further information into the history of an object’s ownership.
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.
In order to fool inexperienced buyers, unscrupulous sellers often say they have provenance or documented ownership histories that they claim confirms the authenticity of bogus art. In some cases, this concocted provenance appears to date all the way back to the original artists themselves. Before bidding on or buying any art, your job is to make sure any such provenance offered by sellers is correct, legitimate, verifiable and does in fact attest to the authorship of the art. (Problem art may also be accompanied by questionable Certificates of Authenticity. To evaluate a Certificate of Authenticity or COA, read Is Your Certificate of Authenticity Worth the Paper It's Printed On?)
Money obtained illegally—from fraud, embezzlement, bribery, etc.—needs a hiding place. A huge deposit into a bank account, with no clear indication of where that money came from, is a red flag for the IRS. So instead of depositing dirty money, or holding onto it as cash, disreputable people will often turn the money into something else (cars, mansions) or filter it through a business so it comes out the other side looking like the profits of a legitimate enterprise.
The quality of provenance of an important work of art can make a considerable difference to its selling price in the market; this is affected by the degree of certainty of the provenance, the status of past owners as collectors, and in many cases by the strength of evidence that an object has not been illegally excavated or exported from another country. The provenance of a work of art may vary greatly in length, depending on context or the amount that is known, from a single name to an entry in a scholarly catalogue some thousands of words long.
A notable forger of the late 20th century was Shaun Greenhalgh, who created several works of art in a variety of styles and, after carefully constructing a credible provenance for each, sold them over the course of roughly two decades with the help of his parents, George and Olive Greenhalgh. One of his notable forgeries was a stoneware sculpture, The Faun, thought to be a rare unglazed ceramic sculpture by Paul Gauguin, another was the Amarna Princess believed to date from 1350 bc.
The potential role of high-end art and antiquities in money laundering schemes has attracted increasing attention over the last several years, particularly as the prices for such objects steadily rise and a tightening global enforcement and regulatory net has rendered other possible avenues for money laundering increasingly less attractive. The effort to subject U.S. dealers in art and antiquities to Anti-Money-Laundering (“AML”) obligations recently has gained new life. As we blogged, the House Financial Services Committee just released three proposed bills to codify many of the reform ideas that have been swirling around the Bank Secretary Act (“BSA”) and AML and Combating the Financing of Terrorism (“CFT”) laws. One of the bills — entitled as the “To make reforms to the Federal Bank Secrecy Act and anti-money laundering laws, and for other purposes” — catalogues various detailed provisions seeking to reform the BSA and AML laws. Nestled admist all of the other, generally higher-profile proposals (such as the creation of a BSA whistleblower program), one short section of this bill simply expands the list of defined “financial institutions” covered by the BSA to include “dealers in art or antiquities,” and then states that the Secretary of the Treasury shall issue implementing regulations within 180 days of the bill’s enactment.
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).
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.
Jack Flam took his information to the FBI's Art Crimes unit, which launched an investigation. In 2013, Glafira Rosales confessed to playing a key role in the multimillion dollar fraud. She is now awaiting sentencing, and told the FBI the forgeries were the handiwork of this man: Pei-Shen Qian, an artist who lived in Queens and painted the works in his garage.
The copying of famous works of art dates to the origins of the history of art collecting and therefore to the beginning of the history of art. In the ancient world, replicas of famous works were made in order to satisfy demand by collectors for such works. The bronze Spear Bearer (c. 450–440 bce) by Greek sculptor Polyclitus, for example, achieved great renown for its perfect proportions and beauty. As a result, it was often copied in marble for Roman collectors in subsequent centuries. The copies, which are all that survived into the 21st century, made no pretense of being the original or having been made by Polyclitus.