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.
In summer 2009, ARCA - the Association for Research into Crimes against Art - began offering the first postgraduate program dedicated to the study of art crime. The Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection includes coursework that discusses art fakes and forgery. Education on art crime also requires research efforts from the scholarly community through analysis on fake and forged artworks.
* 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.
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).
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).
The United States passed the Banking Secrecy Act in 1970, requiring financial institutions to report certain transactions to the Department of the Treasury, such as cash transactions above $10,000 or any others they deem suspicious, on a suspicious activity report (SAR). The information the banks provide to the Treasury Department is used by the Financial Crimes Enforcement Network (FinCEN), which can share it with domestic criminal investigators, international bodies or foreign financial intelligence units.
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).
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Vilas Likhite, a Los Angeles doctor, was said to have owned a multimillion-dollar art collection inherited from an Indian maharajah. His collected works included the names of Brancusi, Lichtenstein, Chagall, Casatt, and others. The pieces he collected were best described as "museum quality." At times, he could be persuaded to sell some of these works to trusted friends for exceptionally low prices. However, a recent sale of a Casatt proved to be his downfall when he sold it to an undercover police detective who specialized in art fraud. All of Likhite's carefully documented works, some presented in a three-ring binder, were fakes.
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 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.