Ken Dreifach, head of the Internet Bureau at the New York State Attorney General's office, reported the reoccurring sales of a forged painting. An individual purchased a painting from the Art and Design Center of New York City and brought it to an art expert for appraisal who determined the work was a forgery. The Art and Design Center refunded the money to the purchaser but then sold it to another individual. That person also had it evaluated by an expert who said it was a fake. The Center refunded the money to the second purchaser. Then an undercover investigator from the attorney general's office bought the same painting and the jig was up. The attorney general filed charges and the case was settled against the Center for various monetary charges (Department of Law, 2001).

In recent weeks, the art world has been rocked by perhaps the biggest forgery scandal to hit the art world since Van Meegeren’s unmasking. The extent of the Old Master forgery ring is as of yet unknown, but Sotheby’s has already issued a refund to the buyer of a $10 million Frans Hals portrait, sold in 2011 in a private sale through London dealer Mark Weiss. James Martin’s Orion Analytical, a Williamstown, Massachusetts-based company which investigates artworks, found modern-day materials in the canvas, proving it to be a forgery.
“Deaccessioning” is defined as the process by which an artwork (or other object) is permanently removed from a museum’s collection. Proceeds received from the sale of deaccessioned artworks must be used by art museums for the acquisition of other artworks. As such, U.S. and international professional organizations have long upheld the role of deaccessioning as vital to the care of collections. Some nationally funded museums do not allow deaccessioning under any circumstances, and internationally it is not as prevalent as it is in America, where many museums are privately funded. The Toledo Museum of Art respects that there are different points of view, but American art museums have upheld the practice of judiciously managing collections.

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.
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In this context, the provenance can occasionally be the detailed history of where an object has been since its creation,[26] 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.

In the 18th and 19th centuries, the mania for classification and study of the past resulted in an upsurge in forgeries as the art market adjusted to accommodate the new interest in the artistic past. That interest in the classification of the past also led to the founding of academic disciplines such as the history of art. The study of art history and the creation of agreed-upon bodies of work for artists and eras, as well as advances in science, made possible in the 20th century the winnowing out of forgeries, fakes, and misattributions from authentic works. As art historians gained more knowledge about the past and the styles, materials, and working conditions of artists and historical epochs, inauthentic and fraudulent works were more readily exposed.

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