In a market depressed and made anxious by fakes, investors and private collectors may start pulling out, leaving more room for museums to buy at prices they can afford, which in turn would be good news for any art lover who depends on our public collections. And, since museums don’t have to think about net worth and reselling (let’s forget the Detroit case for a moment), they can live with the risk of maybe having bought a fake. Their audience might still enjoy and learn from the new “Rothko” in the collection.
A variation in composite forgery, quite common with inlaid French furniture, involves the use of parts from damaged but genuine pieces to create a single complete piece that may or may not resemble one of the pieces from which it has been made. These made-up pieces are still considered forgeries. In composites of archaeological material only one part may be ancient, the balance being made up to complete the object. The head of a small terra-cotta figure may be ancient, the body and limbs of modern workmanship. A single ancient element in a composite forgery will help to deceive the buyer.
Knoedler’s fantastic tale of fraud begins in the early 1990s on the streets of Manhattan. That’s where a former waiter from Spain, Jose Carlos Bergantiños Diaz, came upon a Chinese artist peddling canvases on the sidewalk. Bergantiños approached the man, Pei-Shen Qian, and said that he had friends who wanted works by esteemed artists but could not afford the real things. Could Pei-Shen duplicate paintings for them? Bergantiños reportedly offered $500 per copy.
Like most laundering cases involving art in the United States, this one was uncovered when the work was illegally transported into the country. In 2004 Mr. Ferreira’s financial empire, built partly on embezzled funds, collapsed, leaving $1 billion in debts. A court in São Paulo sentenced him in 2006 to 21 years in prison for bank fraud, tax evasion and money laundering, a conviction he is appealing. Before his arrest, however, more than $30 million of art owned by Mr. Ferreira and his wife, Márcia, was smuggled out of Brazil, Judge De Sanctis said.
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.
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.”
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.
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.
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.
↑ 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.
Any art object—paintings, sculpture, jewelry, ceramics, fine furniture, and decorative pieces of all kinds—can be forged. The difficulty of forging, however, is as important as market price in determining what is forged. Probably fewer than 1 percent of stone sculptures are false because they require so much labour to make and their market is limited, but as many as 10 percent of modern French paintings on the market may be forgeries. The technical difficulties in making a convincing imitation of an ancient Greek vase are so great that forgeries are almost nonexistent. In contrast the forgery level of tiny archaic Greek and Cretan bronze statuettes, which are simple to cast, is possibly as high as 50 percent. A forger is most likely to succeed with a mediocre piece in the middle price range because such a piece probably will never be subjected to definitive examination. Although the price should be low enough to allay suspicion, the object can still yield a fair return for the effort expended by the forger.
Wolfgang Beltracchi is a name you may never have heard before. Very few people have. But his paintings have brought him millions and millions of dollars in a career that spanned nearly 40 years. They have made their way into museums, galleries, and private collections all over the world. What makes him a story for us is that all his paintings are fakes. And what makes him an unusual forger is that he didn’t copy the paintings of great artists, but created new works which he imagined the artist might have painted or which might have gotten lost. Connoisseurs and dealers acknowledge that Beltracchi is the most successful art forger of our time -- perhaps of all time. Brilliant not only as a painter, but as a conman of epic proportions.
When one of the oldest and most respected art galleries in America, the Knoedler Gallery in New York, closed its doors abruptly in 2011, the art world was stunned. Not because the gallery closed, but by the discovery that over the course of 15 years, the gallery and its president, Ann Freedman, had sold millions of dollars in forgeries to wealthy collectors.
The paintings were sent "in respect to a money-laundering transaction," which was "related to this drug deal," she clarified, adding that "it was the money-laundering debt that Clemente was repaying." The U.S. Drug Enforcement Administration believes that oil paintings are "a way in which drug dealers launder money. It is an investment for their drug transaction proceeds," she said.
The second essay (Purchase Price Paid Over Time: “Title Does Not Pass Until Payment in Full”) addresses a very common provision in contracts for the sale of art with installment payments. But, surprising to many art sellers, the Uniform Commercial Code probably makes this provision unenforceable, with consequences for the seller getting his art back.
Tom Ripley is involved in an artwork forgery scheme in several of Patricia Highsmith's crime novels, most notably Ripley Under Ground (1970), in which he is confronted by a collector who correctly suspects that the paintings sold by Tom are forgeries. The novel was adapted to film in 2005, and the 1977 film The American Friend is also partially based on the novel.
The Nelson-Atkins Museum of Art uses a variation of the format suggested by The AAM Guide to Provenance Research (Washington, D.C., 2001). Provenance is listed in chronological order, beginning with the earliest known owner. Methods of transactions and relationships between owners, if known, are indicated at the beginning of each line. The term “With” precedes a dealer’s name to indicate their commercial status when the method of their acquisition is unknown. Life dates for private collectors are included in parentheses and dates of ownership, when known, are indicated at the end of each line. Uncertain information is preceded by the terms “possibly” or “probably.” Footnotes are used to document or clarify information.
"Katzen and Sack indicated to the undercover agent that they could resell the paintings overseas as part of the money-laundering scheme," said the U.S. Attorney for the District of Massachusetts, Michael J. Sullivan. The undercover sting investigation, apparently prompted by an informant's tip, was conducted by the U.S. Customs Service and the FBI.
The AML Standards for Art Market Operators (“AML Standards”) are set forth by the Basel Institute on Governance, an independent not-for-profit organization. Not surprisingly, the AML Standards adopt a “risk based” approach to establishing measures to mitigate money laundering risks, and further note that “[s]mall businesses may not have the resources to address money-laundering risks in the same way that large auction houses or major dealers and galleries will have, and may have a different risk exposure.” The AML Standards are intended to apply to everone trading in art objects, and intermediaries between buyers and sellers. They also suggest that service industries supprting the trade in art objects that are already subject to AML laws, like financial institutions, should identify their clients and customers in the art trade “as higher risk as long as there are no internationally applicable standards.”
One of the best things about Goodreads is keeping a TBR list...that list that gets longer every month and nags at you when you start reading the new hot book instead. It's that nagging (just like a mother's "sit up straight!") that makes you really take a second look at the books you've been meaning to read forever and realize from reviews that you really should.
I loved that I recognized many of the locations mentioned here, like The Back Bay, The South End, Newbury Street, The Mandarin Oriental Hotel, The Museum Of Modern Art, of course the Isabella Stewart-Gardner Museum. I have actually long held a little-known fascination with the Gardner heist, primarily because of the idea that her will induces the museum board to leave empty frames in their place, even decades after the only unsolved large-scale art heist. It is unsettling, moving, eye-opening, a ...more
Price fluidity is one of the key advantages of using artwork for money laundering. Coupled with a lack of a regulatory body authorized to oversee the value of art, pricing art is effectively a free-for-all. For example, after 9/11, Americans yearned for nostalgia, including Norman Rockwell paintings. Some of his folksy paintings tripled in value — from $15 million in 2006 to $45 million seven years later.
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.
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.
Recent technology developments have aided collectors in assessing the temperature and humidity history or the wine which are two key components in establishing perfect provenance. For example, there are devices available that rest inside the wood case and can be read through the wood by waving a smartphone equipped with a simple app. These devices track the conditions the case has been exposed to for the duration of the battery life, which can be as long as 15 years, and sends a graph and high/low readings to the smartphone user. This takes the trust issue out of the hands of the owner and gives it to a third party for verification.
When addressing the KYC procedures under Guideline 3, the AML Guidelines explain that establishing a client’s risk profile will require an art business to obtain information on the client; understand the purpose and intended nature of the transaction; and understand the client’s source of wealth and how they acquired their art collection. The AML Guidelines also stress the need to identify beneficial ownership, “even if the contracting client raises confidentiality concerns,” and note that the art business “may also choose to include appropriate warranties and representations in their agreements with their clients to emphasise the importance of this point.” Further, art businesses should peform due diligence on intermediaries, such as art advisors or brokers, acting for one of the parties to a transaction.
Before addressing those questions, it is useful to consider how provenance is relevant to sales of art. Art litigation generally falls within one of three categories: disputes concerning ownership, disputes concerning authenticity, and, to a lesser extent, disputes concerning value. The provenance of a work may bear on each of those potential areas of dispute. Obviously, to the extent provenance represents a chain of title, it may bear quite directly on a dispute concerning ownership. (If “H.W. Göring, Berlin” is listed in the provenance, that is probably a red flag).3
The most common type of fraudulence in art is forgery—making a work or offering one for sale with the intent to defraud, usually by falsely attributing it to an artist whose works command high prices. Other fraudulent practices include plagiarism, the false presentation of another’s work as one’s own, and piracy, the unauthorized use of someone else’s work, such as the publication of a book without permission of the author; both practices are generally in violation of copyright laws.
“There are museums in the past who have wanted to take something of high value down and replace it with a replica, but that’s a behind-the-curtain thing,” says Timothy Carpenter, a supervisor and special agent in the FBI’s art theft program who frequently lectures collectors to do the same. “If you’ve got this $10 million painting that you’re concerned about, you can probably afford to make a $5,000 copy made and hang it. It’s the only guarantee to keep their painting safe if they don’t have security on their residence.”
Aging (artwork) Anastylosis Arrested decay Architecture Cradling (paintings) Detachment of wall paintings Desmet method Historic paint analysis Imaging of cultural heritage Inpainting Kintsugi Leafcasting Lining of paintings Mass deacidification Mold control and prevention in libraries Overpainting Paper splitting Radiography of cultural objects Reconstruction (architecture) Rissverklebung Textile stabilization Transfer of panel paintings UVC-based preservation
Speaking on the sidelines of the Art Business Conference, Pierre Valentin, head of the art law practice at London law firm Constantine Cannon, said laundering illicit funds through the art market was seductive because purchases at auctions "can be anonymous and it's a moveable asset. You can put the art on a private plane and take it anywhere. Plus there is no registration system for art."
The Association of Certified Anti-Money Laundering Specialists (ACAMS) offers a professional designation known as a Certified Anti-Money Laundering Specialist (CAMS). Individuals who earn CAMS certification may work as brokerage compliance managers, Bank Secrecy Act officers, financial intelligence unit managers, surveillance analysts and financial crimes investigative analysts.
The history of the arts reveals instances of persons who have used forgery either to gain recognition of their own craftsmanship or to enjoy deceiving the critics who had rejected their genuine work. A legend told about Michelangelo illustrates this point. At the age of 21, he carved in marble a small sleeping Eros, or Cupid, based on ancient Roman works that he admired. Some time later this carving was sold as an antique to the well-known collector Cardinal Riario, who prized it highly. When Michelangelo stepped forward and claimed the work as his own he won immediate fame as a young man who could rival the work of the greatly venerated ancient sculptors.
To combat these problems The Authentication in Art Foundation was established in 2012 by experts from different fields involved with the authenticity of art. The aim of the foundation is to bring together experts from different specialities to combat art forgery. Among its members are noted experts such as David Bomford, Martin Kemp, and Mauricio Seracini.
These pesky forgers don’t limit their scams to painting, and are capable of turning their hands to many types of fakery. In the case of this set of six Louis XIV chairs—sold by highly-respected Parisian antiques dealer Kraemer Gallery to the Palace of Versailles itself—it emerged after the sale was made public that there just were not as many chairs in the court of Versailles as there are currently in circulation. The natural conclusion would be that some of the presumed authentic chairs must indeed be fakes.
Eli Sakhia was a respectable art gallery owner in business for 15 years in Manhattan. He sold privately and to auction houses in the United States and abroad. What he failed to tell his private buyers was that they were buying the forgeries and the auction houses were getting the real works. His modus operandi was to purchase originals, sell them to auction houses, and hire artists in the interim to reproduce fakes for sale to his clients. His problems started when a past buyer of a fake tried to sell his forged piece while Sakhia attempted to sell the original to another auction house. The houses brought in an expert who stated that the past buyer's work was a fake. Sakhia was arrested and convicted; he's expected to serve three to four years in prison (Campanile, 2004).
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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. Provenance covers an object's complete documented history. An artifact may thus have both a provenience and a provenance.
* Get full names and contact information for all galleries or auction houses that the seller claims previously owned the art. If these galleries are still in business, contact them in order to confirm that the information provided by the seller is correct. If none of the galleries or auction houses are traceable, then this may be cause for concern.
The fundamental consideration in determining forgery is “intent to deceive.” The act of copying a painting or other work of art is in itself not forgery, nor is the creation of a work “in the style” of a recognized painter, composer, or writer or of a particular historical period. Forgery may be the act not of the creator himself but of the dealer who adds a fraudulent signature or in some way alters the appearance of a painting or manuscript. Restoration of a damaged painting or manuscript, however, is not considered forgery even if the restorer in his work creates a significant part of the total work. Misattributions may result either from honest errors in scholarship—as in the attribution of a work to a well-known artist when the work was in fact done by a painter in his workshop, a pupil, or a later follower—or from a deliberate fraud.
But to dealers and their clients, secrecy is a crucial element of the art market’s mystique and practice. The Art Dealers Association of America dismissed the idea that using art to launder money was even a problem. “The issue is not an industrywide problem and really does not pertain to us,” said Lily Mitchem Pearsall, the association’s spokeswoman.
The art world was quick to fall in line, with London’s National Gallery displaying the Gentileschi and the Pamigianino popping up at New York’s Metropolitan Museum of Art. At one point, the Louvre in Paris launched a fundraising campaign to buy the Hals, dubbing it a “national treasure” after it was authenticated by France’s Center for Research and Restoration.
The principles of archival provenance were developed in the 19th century by both French and Prussian archivists, and gained widespread acceptance on the basis of their formulation in the Manual for the Arrangement and Description of Archives by Dutch state archivists Samuel Muller, J. A. Feith, and R. Fruin, published in the Netherlands in 1898 (often referred to as the "Dutch Manual").
Often a thorough examination (sometimes referred to as Morellian Analysis) of the piece is enough to determine authenticity. For example, a sculpture may have been created obviously with modern methods and tools. Some forgers have used artistic methods inconsistent with those of the original artists, such as incorrect characteristic brushwork, perspective, preferred themes or techniques, or have used colors that were not available during the artist's lifetime to create the painting. Some forgers have dipped pieces in chemicals to "age" them and some have even tried to imitate worm marks by drilling holes into objects (see image, right).