The laws of supply and demand dictate that there will be no end to the growing commercial value for a limited number of great works of art; and as long as those who deal in the commercial aspects of art — galleries, art dealers, auction houses and the media — are involved as the arbiters of criteria in judging art, market prices will continue to rise and art forgery will proliferate.
Data provenance covers the provenance of computerized data. There are two main aspects of data provenance: ownership of the data and data usage. Ownership will tell the user who is responsible for the source of the data, ideally including information on the originator of the data. Data usage gives details regarding how the data has been used and modified and often includes information on how to cite the data source or sources. Data provenance is of particular concern with electronic data, as data sets are often modified and copied without proper citation or acknowledgement of the originating data set. Databases make it easy to select specific information from data sets and merge this data with other data sources without any documentation of how the data was obtained or how it was modified from the original data set or sets. The automated analysis of data provenance graphs has been described as a mean to verify compliance with regulations regarding data usage such as introduced by the EU GDPR.
In the composite fraud, or pastiche, the forger combines copies of various parts of another artist’s work to form a new composition and adds a few connecting elements of his own to make it a convincing presentation. This type of forgery is more difficult to detect than the copy. Such a combining of various elements from different pieces can be very deceptive, because a creative artist often borrows from his own work. In fact, the similarity of a figure or an object in a forgery to that in a well-known work of art often adds to the believability of the new creation.
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.
Occasionally a forger appears with a certain specious glamour like Constantine Simonides (1824–67), a Greek adventurer who varied his trade in perfectly genuine manuscripts with the sale of strange concoctions of his own. Maj. George de Luna Byron, alias de Gibler, who claimed to be a natural son of Byron by a Spanish countess, successfully produced and disposed of large quantities of forgeries ascribed to his alleged father and to Shelley, John Keats, and others. More commonplace is the forgery encountered in the case of the Edinburgh forger A.H. (“Antique”) Smith, who was responsible for forgeries of Robert Burns, Sir Walter Scott, Mary Stuart, and other persons from Scottish literature and history—a feat that ultimately earned him 12 months’ imprisonment.
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.
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.”
Art specialists with expertise in art authentication began to surface in the art world during the late 1850s. At that time they were usually historians or museum curators, writing books about paintings, sculpture, and other art forms. Communication among the different specialties was poor, and they often made mistakes when authenticating pieces. While many books and art catalogues were published prior to 1900, many were not widely circulated, and often did not contain information about contemporary artwork. In addition, specialists prior to the 1900s lacked many of the important technological means that experts use to authenticate art today. Traditionally, a work in an artist's "catalogue raisonné" has been key to confirming the authenticity, and thus value. Omission from an artist's catalogue raisonné indeed can prove fatal to any potential resale of a work, notwithstanding any proof the owner may offer to support authenticity.
Further, and as noted, other traditional vehicles for laundering money have become less attractive, thereby driving those who need a mechanism to launder large sums into the arms of the art world. As we repeatedly have blogged, one of the most time-honored and relatively convenient vehicles for laundering — real estate — is under intense scrutiny and now is subject in the U.S. to the Financial Crimes Enforcement Network (“FinCEN”)’s ongoing Geographic Targeting Orders (these require U.S. title insurance companies in many parts of the U.S. to identify the natural persons behind legal entities used in purchases of residential real estate involving $300,000 or more and performed without a bank loan or similar form of external financing).
You might have seen his stuff in New York’s Metropolitan Museum or in the Hermitage in Lausanne…to name just a couple. You can also see them in the homes of the one percent. Actor Steve Martin bought this one. Beltracchi’s forgeries have also made it into art books listing the best paintings of the 20th century and have been sold in many of the world’s top auction houses.
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?)
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.
Recently, photographs have become the target of forgers, and as the market value of these works increase, so will forgery continue. Following their deaths, works by Man Ray and Ansel Adams became frequent targets of forgery. The detection of forged photography is particularly difficult, as experts must be able to tell the difference between originals and reprints.
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.
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.
In the late 20th century, art fraud was propelled by a rise in the popularity of art as an investment. With more collectors and museums vying for an ever-smaller number of works by noted artists or from esteemed eras in the history of art, motivations for fraud were exponentially increased. At the same time, modern science made it possible to authenticate works of art to a greater degree than at any time in the past, though even those scientific tests led at times to ambiguous results.