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.
French artist Orlan sued American pop star Lady Gaga for forgery after the release of the 2011 hit video “Born This Way,” but ultimately lost her case. Orlan pointed out similarities to her piece Bumpload (1989), in which she added prosthetic ridges to her face, and Woman With Head (1996), which featured a decapitated head on a table. After losing her $31.7 million lawsuit, Orlan was ordered to pay the singer and her record label €20,000 ($22,000)

* An illustration of the art taken from an old auction catalog without the accompanying description does not constitute valid provenance unless the auction house is or was able to demonstrate beyond doubt that the art was by the artist in question. For example, the auction house may have sold it as "attributed" to the artist. Again, get a copy of the actual auction catalog or read the full listing online to see how the art was described and represented.
↑ Mario Clouds Not Bootleg V1.1 is a variation on Super Mario Clouds by Cory Arcangel. It was made available on the site NetVVorth as part of a collection of "forged" works by iconic digital artists. (Arcangel also offers instructions on his website that allow anyone to create a bootleg version of the piece.) It is still credited to "Cory Arcangel" in an attempt to highlight the ease of forging digital work. 
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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.

During the 16th century, imitators of Albrecht Dürer's style of printmaking added signatures to them to increase the value of their prints. In his engraving of the Virgin, Dürer added the inscription "Be cursed, plunderers and imitators of the work and talent of others".[1] Even extremely famous artists created forgeries. In 1496, Michelangelo created a sleeping Cupid figure and treated it with acidic earth to cause it to appear ancient. He then sold it to a dealer, Baldassare del Milanese, who in turn sold it to Cardinal Riario of San Giorgio who later learned of the fraud and demanded his money back. However, Michelangelo was permitted to keep his share of the money.[2][3]
At $8.3 million, it was the most expensive painting that the De Soles — the chairman of Tom Ford International and his socialite wife — had ever purchased, but they were getting what one source calls “a pretty sweet deal.” Weeks before the sale closed, a work by Rothko sold for $17,368,000 at Sotheby’s. Knoedler drew up a warranty of “authenticity and good value,” and the De Soles proudly hung Rothko’s “Untitled 1956” inside their luxurious Hilton Head, SC, home.
Of course, certain countries already impose AML regulations on the art world. The European Union Commission issued its 5th Anti-Money Laundering Directive in June 2018, which must be implemented by Member States by January 2020, and which in part expands its coverage of “obliged entities” to persons trading in art, acting as intermediaries in the trade of art, or storing art in freeports, if the value of the transaction or a group of linked transactions equals €10,000 or more. In the United States, although the BSA already applies to dealers in precious metals, stones and jewels, and thereby requires them to file Suspicious Activity Reports and comply with other AML obligations, no such rules currently apply to U.S. dealers in art.
From Oct. 19 to Oct. 26, 2017, the Toledo Museum of Art (TMA) is deaccessioning 68 objects from its antiquities collection through Christie’s auction house in New York. All information about these objects can be found online at Christie’s website. In response to inquiries concerning this sale, it is important to underscore TMA’s collecting philosophy as well as the Museum’s commitment to ensuring clear provenance of all of the objects in its collection.

Founded in 1901, the Toledo Museum of Art holds a collection of extraordinary artworks. We are a free museum that had nearly half-a-million visitors last year and is nationally renowned for its focus on art education. Even with those distinctions, the Museum is most notable for the quality of its collection. Aside from its comprehensive collection of glass—Toledo is known in America as the Glass City—TMA has never sought to be comprehensive in its approach to collecting—the institution’s focus has been and remains on singular artworks by singular artists. Quality has always been the outstanding attribute of our collection, and the objects being sold are not of the quality of our permanent display collection; have been on display rarely; have not been sought out by scholars; or have not been published in recent decades. In short, these objects were not working to fulfill our mission.
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.
Sylvia Dugan I started reading it, but found the main character to be too shallow and not very believable. I finally decided to stop reading it after the first 50+…moreI started reading it, but found the main character to be too shallow and not very believable. I finally decided to stop reading it after the first 50+ pages, too many other good books to read.(less)
John Drewe was able to pass off as genuine paintings, a large number of forgeries that would have easily been recognised as such by scientific examination. He established an impressive (but false) provenance and because of this galleries and dealers accepted the paintings as genuine. He created this false provenance by forging letters and other documents, including false entries in earlier exhibition catalogues.[5]
Fakes and forgeries in the art world are the stuff of legend, the subject of books, films, and television series the world over. In real life, they land people behind bars. 2016 brought us many unwanted things, but it also appears to have been a year when a huge amount of authenticity disputes took place. The spats took shape from contested provenance, to painters faking their own work, to a multimillion dollar Old Masters scandal. From farce to tragedy, we’ve compiled the highlights of this year’s biggest art forgery scandals below.
At times restoration of a piece is so extensive that the original is essentially replaced when new materials are used to supplement older ones. An art restorer may also add or remove details on a painting, in an attempt to make the painting more saleable on the contemporary art market. This, however, is not a modern phenomenon - historical painters often "retouched" other artist's works by repainting some of the background or details.
James Martin’s expert report shows the signatures from four Knoedler paintings that were purported Jackson Pollocks. The top two signatures are quite similar. The bottom right signature shows signs that the name was first traced onto the canvas using a sharp tool, and is very similar to the signature on the bottom left, which is misspelled “Pollok.” Courtesy of James Martin.
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]
Excluded from the category of literary forgeries is the copy made in good faith for purposes of study. In the matter of autographs, manuscripts in the handwriting of their authors, forgeries must be distinguished from facsimiles, copies made by lithography or other reproductive processes. Some early editions of Lord Byron’s work, for example, contained a facsimile of an autograph letter of the poet. If such facsimiles are detached from the volumes that they were intended to illustrate, they may deceive the unwary.

Portrait of a Woman, attributed to Goya (1746-1828). X-ray images taken of this painting in 1954 revealed a portrait of another woman, circa 1790, beneath the surface. X-ray diffraction analysis revealed the presence of zinc white paint, invented after Goya's death. Further analysis revealed that the surface paint was modern and had been applied so as not to obscure the craquelure of the original. After analysis, the conservators left the work as you see it above, with portions of old and new visible, to illustrate the intricacies of art forgery, and the inherent difficulty of detecting it.
* 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.

If the BSA is extended to apply to dealers in art and antinquities, FinCEN can expect a robust notice and comment period for the implementing regulations.  Further, when proposing such regulations, FinCEN might draw upon some existing AML guidelines for the art trade, including those from two not-for-profit groups — one independent, the other supported by industry.  We explore those guidelines in the rest of this post.
These are all Pei-Shen Qian's forgeries. Incredibly, he was able to copy the style and technique of not just one major artist, but many of the giants of the 20th century: Jackson Pollock, Willem de Kooning, Richard Diebenkorn, Barnett Newman, Clyfford Still, Franz Kline, Lee Krasner, Mark Rothko and others. He forged 63 works that sold for more than $80 million to collectors.

* An appraisal for the art does not constitute valid provenance unless it has been performed by a respected expert or authority on the artist, and states that the art is absolutely by the artist. If you have any questions about an appraisal, contact the appraiser directly before bidding on the art and verify their qualifications to make any statements of authenticity contained within the appraisal. Any appraiser making statements of authenticity would also have to be a nationally or internationally respected authority on the artist in question. When you can't verify the appraiser's credentials, contact the appraiser, the appraisal does not include adequate contact information for the appraiser, or you can't make out the signature, be very careful. Best procedure would be not to bid on or buy the art. (FYI, an appraisal may assume the art is genuine and have statements or disclaimers to that effect, but is not in and of itself an authentication of the art. MAKE SURE YOU READ THE ENTIRE APPRAISAL INCLUDING ANY DISCLAIMERS CAREFULLY. In other words, you may need a separate authentication or provenance to go along with such an appraisal.)
“The tax laws in art make it basically legal to not pay taxes on art. If you’re a serious art buyer, you just get a good tax accountant,” former New York-based art consultant Beth Fiore tells Hopes&Fears. “If you show newly purchased works in certain museums then you never have to pay taxes on it.” Edward Winkleman of Winkleman Gallery maintains that his gallery keeps fastidious records of all transactions and pays taxes even on cash sales. But he admits that, “the state generally wouldn't question what is reported.” He also tells us that individual sales don’t need to be reported, only the totals for each quarter. Hypothetically, someone could buy millions of dollars worth of art without the IRS knowing, and then later sell those works for a “legitimate” profit that looks clean on taxes.

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.
* 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.

The scandal kicked off with the high drama of French authorities seizing Venus by Lucas Cranach the Elder—owned by the Prince of Liechtenstein—from the Caumont Centre d’Art in Aix, and spread through the art world like wildfire, taking Orazio Gentileschi’s David with the Head of Goliath, and Velázquez’s Portrait of Cardinal Borgia with it, calling the authenticity of the Old Master works into question.


Though there are no hard statistics on the amount of laundered money invested in art, law enforcements officials and scholars agree they are seeing more of it. The Basel Institute on Governance, a nonprofit research organization in Switzerland — the site of the world’s premier contemporary and Modern art show — warned last year of the high volume of illegal and suspicious transactions involving art. But regulation has been scattershot and difficult to coordinate internationally.
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Following these professional museum standards, TMA periodically reviews its holdings and occasionally deaccessions a select few works of art, based on what will enhance the entire Museum collection. The funds realized from deaccessioning are used solely to improve TMA’s collection through the purchase of new art, in compliance with the Association of Art Museum Directors (AAMD) Professional Practices in Art Museums (see here), the American Alliance of Museums (AAM) Code of Ethics (see the most recent update to AAM’s guidelines here) and the International Council of Museums (ICOM) Code of Ethics (see here).

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.
In recent years, there has been an increased awareness of the issues surrounding works of art that were stolen, looted, displaced, or illegally exchanged during the Nazi era in Europe (1933-1945). After World War II, Allied Forces recovered thousands of artworks and returned them to the countries from which they were taken for restitution to the owners or their heirs. Nevertheless, many paintings, sculptures, and other objects entered the international art market during the Nazi era. Many of these were acquired in good faith by museums and collectors.
When addressing the efforts to establish an artwork’s provenance history and authenticity under Guideline 4, the AML Guidelines provide that “[i]t is important to obtain and publish in any catalogue or sales document as much information as possible about the artwork, including any known provenance,” and to “check major databases of stolen and looted art and obtain any relevant and available legal documents, witness declarations, [and] expert opinions[.]” In addition to a physical examination of the artwork and a technical analysis and dating of the materials used, “[d]ocuments helpful in establishing ownership and provenance include invoices, receipts, dated photographs, insurance records, valuations, official records, exhibition catalogues, invoices for restoration work, diaries, dated newspaper articles, original signed and dated letters.”
* Names of previous owners do not constitute valid provenance unless they provide concrete and irrefutable proof that the work of art in question is by the artist who the seller says it is by. For example, if an individual is listed as being the owner of the particular work of art in question in a museum exhibit catalog about the artist, this would constitute valid provenance.
Following the Renaissance, the increasing prosperity of the middle class created a fierce demand for art. Near the end of the 14th century, Roman statues were unearthed in Italy, intensifying the populace's interest in antiquities, and leading to a sharp increase in the value of these objects. This upsurge soon extended to contemporary and recently deceased artists. Art had become a commercial commodity, and the monetary value of the artwork came to depend on the identity of the artist. To identify their works, painters began to mark them. These marks later evolved into signatures. As the demand for certain artwork began to exceed the supply, fraudulent marks and signatures began to appear on the open market.
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