Consistent with general AML principles, the AML Standards stress that beneficial ownership may be obscured behind multiple layers of intermediaries, such as shell companies or offshore companies involving trusts. The AML Standards further provide a list of possible red flags for identifying increased risks of money laundering presented by a client that:
This was the first book I read from the cache I purchased at the Miami International Book Fair. I wish I had a chance to read it before hearing B.A. Shapiro speak. After reading The Art Forger I am a fan. B.A. Shapiro gave a talk about her writing process with M.J. Rose, author of The book of Lost Fragrances, another novel I grabbed. I don't know if they were put on a panel together because they both go by their initials but it seemed a good pairing and their discussion was very insightful. I re ...more
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.
Your documents must be investigated—because they are worth nothing until proven to be authentic. You have to be able to trace the qualified individual’s signature, the artist in the question, or previous owners back to real people. This will help you confirm that the document given to you is not fallacious. Unqualified experts attribute art all the time, and the documents might be completely trustworthy.

Contact an art advisor to help you find a buyer for your work or see if an auction house like Sotheby’s or Christie’s wants to auction it for you. If they help you sell your collection, they will make money, so it’s in their best interest not to ask any questions. Make an appointment with an auction house to appraise the pieces in your collection. You’ll sign a contract that says you are allowing the auctioneers to sell your collection on consignment, which means if it sells you get paid, and if it doesn’t you get the art returned to you. It will also tell you what sort of fees you will be charged - like insurance, shipping, and the auction house’s cut. You’ll ship the work to the auction house, wait for your collection to be sold, and make it rain.


In fact, we are not aware of any judicial decisions addressing whether an error or omission in the listed provenance or exhibition history,4 standing alone, gives rise to a breach of warranty claim under the Uniform Commercial Code. This absence of reported cases has likely given rise to a certain complacency in the art world concerning the legal significance of provenance in connection with art sales. Nevertheless, the art world is not getting less litigious as art values escalate, and it may not be long before the courts are called upon to address this issue.
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.
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.”
The ownership history of a work of art is of fundamental importance for all those involved in the collecting, exhibiting and study of art, for determining both attribution as well as legal title. Recent ownership claims by heirs of Holocaust victims whose art works were looted or otherwise misappropriated during the Nazi-era, and also claims by foreign “source” countries for objects they believe were exported in violation of patrimony or export laws, underscore the importance of provenance research. 
He uses what is called Raman spectroscopy, which can help detect historically inaccurate pigments. That’s what cut Beltracchi’s career short.  He was sentenced to six years in a German prison. His wife, Helene, to four. But the chaos they wrought has not been undone.  Now, galleries and auction houses who vouched for his forgeries have been sued by the collectors who bought them.
Art forgery may also be subject to civil sanctions. The Federal Trade Commission, for example, has used the FTC Act to combat an array of unfair trade practices in the art market. An FTC Act case was successfully brought against a purveyor of fake Dalí prints in FTC v. Magui Publishers, Inc., who was permanently enjoined from fraudulent activity and ordered to restore their illegal profits.[28][29] In that case, the defendant had collected millions of dollars from his sale of forged prints.
Copies, replicas, reproductions and pastiches are often legitimate works, and the distinction between a legitimate reproduction and deliberate forgery is blurred. For example, Guy Hain used original molds to reproduce several of Auguste Rodin's sculptures. However, when Hain then signed the reproductions with the name of Rodin's original foundry, the works became deliberate forgeries.
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).
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.
Art history is rife with high profile scams, such as that of Han van Meegeren, a disillusioned painter who developed a complicated system of baking his Old Master-style work to age it, and subsequently sold $60 million in fake Vermeers to world class museums and Nazi leader Hermann Göring during the late 1930s and early 1940s. (While current art historians are quick to slam his work as obviously inferior, Van Meegeren actually had to paint a “new” Vermeer at trial to prove he had not sold the Nazis a priceless original.)

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.
Governments around the world have stepped up their efforts to combat money laundering in recent decades, with regulations that require financial institutions to put systems in place to detect and report suspicious activity. The amount of money involved is substantial: According to a 2018 survey from PwC, global money laundering transactions account for roughly $1 trillion to $2 trillion annually, or some 2% to 5% of global GDP .

The fact that experts do not always agree on the authenticity of a particular item makes the matter of provenance more complex. Some artists have even accepted copies as their own work - Picasso once said that he "would sign a very good forgery".[citation needed] Camille Corot painted more than 700 works, but also signed copies made by others in his name, because he felt honored to be copied. Occasionally work that has previously been declared a forgery is later accepted as genuine; Vermeer's Young Woman Seated at the Virginals[21] had been regarded as a forgery from 1947 until March 2004, when it was finally declared genuine, although some experts still disagree.[22]
“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.”
More typically, provenance will be scrutinized where questions of authenticity arise. A few years back, an issue arose concerning the authenticity of a century-old sculpture attributed to a 20th-century artist of iconic stature. The work was sold to a prominent collector through an auction house with a certificate of authenticity from a qualified and appropriately-credentialed scholar of the artist’s work. According to the provenance provided at the time of sale, the work had been acquired in Paris after World War II by an art history professor from an Ivy League university. When questions of authenticity arose several years later, an Internet search and a few telephone calls to the university revealed that no such art history professor ever existed. Also left off the provenance was the fact that just months prior to the multi-million dollar sale to the prominent collector, the work had been purchased from an obscure antique store owned and operated by someone who had served jail time for art insurance fraud. Had these “errors and omissions” in the provenance been discovered at the time of the sale, the sale itself and several years of costly litigation would have been avoided.
Open a foreign bank account in a tax haven like Switzerland or the Cayman Islands. Banks in these countries are not required by law to hand over information about your account to anyone without your consent. If you open what's called a “numbered account” in a private Swiss bank like Union Bank of Switzerland or Credit Suisse Group, a number or code name will be associated with the account, rather than your name. To open a numbered account, you will most likely need to travel to Switzerland to do it, though if this is impossible, there are firms that help people set up off-shore bank accounts that can help you. You will most likely need to make an initial deposit of at least $100,000 to open the account, which will cost roughly $300 a year to maintain.
Open a foreign bank account in a tax haven like Switzerland or the Cayman Islands. Banks in these countries are not required by law to hand over information about your account to anyone without your consent. If you open what's called a “numbered account” in a private Swiss bank like Union Bank of Switzerland or Credit Suisse Group, a number or code name will be associated with the account, rather than your name. To open a numbered account, you will most likely need to travel to Switzerland to do it, though if this is impossible, there are firms that help people set up off-shore bank accounts that can help you. You will most likely need to make an initial deposit of at least $100,000 to open the account, which will cost roughly $300 a year to maintain.
As for you artists, firmly establishing yourself as link number one in the chain of provenance is essential. These days, proof of authenticity or authorship accompanying a work of art is more important than ever. In order to prevent unscrupulous sellers from trafficking in fakes, and avoid situations where people question your art, keep good records right from the start and provide some form of documentation with every artwork you produce. The last thing you want is people trying to figure out whether or not you actually created certain works, or contacting you with requests to authenticate works that have no accompanying paperwork or documentation. The bad news is that in the long run, repeated incidents surrounding undocumented art can actually compromise your market. So make sure there's never any doubt that ownership of your art begins with you. Read more about how to do that in this article about How to Authenticate Your Art.
In regards to the critical issue of the source of the funds, the AML Guidelines “encourage” art businesses “to decline payments from a third party who is not their client and buyer of record. If there are legitimate reasons why it is justified for the Art Business to accept payment from a third party, before doing so the Art Business should conduct enhanced due diligence on both their buyer of record and the third party payer[.]”  The AML Guidelines also articulate a “preference” for art businesses only “to accept payments from reputable banks in jurisdictions subject to AML regulation and supervision.  Such reputable banks and financial institutions are generally subject to a high degree of AML regulation. That said[,] Art Businesses should remain vigilent and not rely entirely on the fact that banks and financial institutions will have carried out the necessary checks and verification to be satisfied that the source of funds is clean.”
The Dutch forger Han van Meegeren employed a combined composite and stylistic procedure when he created seven paintings between 1936 and 1942 based on the work of Johannes Vermeer. In The Supper at Emmaus he combined figures, heads, hands, plates, and a wine jar from various early genuine Vermeers; it was hailed as a masterpiece and the earliest known Vermeer. Ironically, van Meegeren never was detected as a forger. At the end of World War II he was arrested for having sold a painting attributed to Vermeer to one of the enemy and was accused of being a collaborator. He chose to reveal himself as a forger, which was a lesser offense, and proved his confession by painting another “Vermeer” under the eye of the authorities.

The Chinese art market, where regulation is lax, is thought to be particularly prone to money laundering. "The [Chinese] art market has become more and more abnormal," Wang Shouzhi, dean of the Cheung Kong School of Art and Design at Shantou University, told the South China Morning Post in April. "It is saturated with business tricks, fake works and fake prices. … It has become a tool for corruption and money laundering."

Most of these industries have checks. Real estate titles and deeds at least require a name. Mortgage brokers, stockbrokers, casinos, banks and Western Union must report suspicious financial activity to the federal Financial Crimes Enforcement Network. Banks must report all transactions of $10,000 or more. Altogether, the network logs more than 15 million currency transactions each year that can be used to track dirty money, said Steve Hudak, a spokesman for the agency. The art market lacks these safeguards. Roll up a canvas and it is easy to stash or move between countries; prices can be raised or lowered by millions of dollars in a heartbeat; and the names of buyers and sellers tend to be guarded zealously, leaving law enforcement to guess who was involved, where the money came from and whether the price was suspicious.


This would all just be face-palm silliness on the Times’s part, a reflection of its editorial disconnect between the culture pages and the business staff, if the story didn’t also glide over the real point of what is going on here. The best protected transactions in the art market are those that pass through the auction houses because those firms do the KYC due diligence that squelch money laundering. Auction houses have compliance staff and are easily monitored by the law enforcement which doesn’t crack down on large private transactions that take place through lawyers or dealers.  The Times admits this when they point out that Jho Low passed KYC diligence before it was revealed that he was involved in the 1MDB transactions. After it was revealed, he is no longer able to access art markets through the auction houses.
The anonymity of buyers is also a huge advantage for criminals. Who hasn’t seen the images of an art auction for a famous painting at Christie’s or Sotheby’s, where brokers are on the phone with mysterious clients? Art market operators generally refuse to disclose the identities of their clients under the guise of “protecting the integrity of the transactions.”
Many forgeries still escape detection; Han van Meegeren, possibly the most famous forger of the 20th century, used historical canvasses for his Vermeer forgeries and created his own pigments to ensure that they were authentic. He confessed to creating the forgeries only after he was charged with treason, an offense which carried the death penalty. So masterful were his forgeries that van Meegeren was forced to create another "Vermeer" while under police guard, to prove himself innocent of the treason charges.
Some exposed forgers have later sold their reproductions honestly, by attributing them as copies, and some have actually gained enough notoriety to become famous in their own right. Forgeries painted by the late Elmyr de Hory, featured in the film F for Fake directed by Orson Welles, have become so valuable that forged de Horys have appeared on the market.
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.
The provenance is listed in chronological order, beginning with the earliest known owner. Life dates of owners, if known, are enclosed in brackets. Uncertain information is indicated by the terms “possibly” or “probably” and explained in footnotes. Dealers, auction houses, or agents are enclosed in parentheses to distinguish them from private owners. Relationships between owners and methods of transactions are indicated in the text and clarified through punctuation: a semicolon is used to indicate that the work passed directly between two owners (including dealers, auction houses, or agents), and a period is used to separate two owners (including dealers auction houses or agents) if a direct transfer did not occur or is not known to have occurred. Footnotes are used to document or clarify information.
Some suggest that a verbal confirmation serves as authentication, although if you can’t store the document in your Artwork Archive account, it’s risky. If someone gives you a verbal confirmation, our suggestion is to request an inked version, certified by either the individual’s credentials or the gallery where you bought the piece. Whatever form of paper authenticity you have, be sure to log it in your Artwork Archive account.

Forgery, in art, a work of literature, painting, sculpture, or objet d’art that purports to be the work of someone other than its true maker. The range of forgeries extends from misrepresentation of a genuine work of art to the outright counterfeiting of a work or style of an artist. Forgery must be distinguished from copies produced with no intent to deceive.
The commonest motivation for fraudulence is monetary gain. Fraudulence is most likely to occur when the demand for a certain kind of work coincides with scarcity and thus raises the market prices. Unprincipled dealers have encouraged technically skilled artists to create forgeries, occasionally guiding them to supply the precise demands of collectors or museums. This is by no means a modern phenomenon: in the 1st and 2nd centuries ad, sculptors working in Rome made replicas of Grecian works to satisfy the demands for the greatly admired Grecian sculpture of the preceding five centuries. These copies or adaptations apparently were not offered as contemporary work but as booty from Greece at the extraordinarily high prices paid for such works in imperial Rome. Similar circumstances may account for the “discovery” of a manuscript or autograph by a dead author or composer, although many such finds are quite legitimate and have been authenticated.

Good solid provenance almost always increases the value and desirability of a work of art because, first and foremost, it authenticates the art. Good provenance also provides important information about and insight into a work of art's history. Unscrupulous sellers know the value of provenance and sometimes go to great lengths to manufacture or fabricate phony provenance for their art. The good news is that phony provenance is relatively easy to detect in most cases. The following guidelines will help protect you from buying art with fake or questionable provenance:

Philip Byler, Broadening’s lawyer in New York, said that the inaccurate invoices were merely a shortsighted attempt by the art dealer that Broadening hired to save importation fees. “It was not done with the intention of smuggling,” he said. He also challenged the Brazilian authorities’ claim, saying that “Hannibal” was legally purchased from a company owned by Mr. Ferreira’s wife.
An example of this risk without fault arose out of an art dealer’s acquisition of a painting by another distinguished 20th-century artist. Again, there was no question concerning the authenticity of the work. The information provided by the seller at the time of the sale noted that the work had been part of a celebrated 1960s exhibition of the artist’s work at a well-known New York museum. The inclusion of the work in this exhibition was acknowledgment of the work’s value and its importance to the artist’s oeuvre (not to mention further corroboration of its authenticity). Unfortunately, the exhibition history was not correct. The work was not included in the exhibition; the work was supposed to be included, but due to various circumstances another work was selected instead. There were even documents indicating that the work was in the show and it took some investigation to determine that it was not. Even though the seller had not intended to deceive or mislead the buyer/dealer, that did not change the fact that the work was measurably less valuable than the dealer thought at the time of the purchase, based on the information provided. Because the case settled before any lawsuit was filed, no court had the opportunity to address whether the erroneous exhibition history gave rise to a valid breach of warranty claim.
I'll make a confession right off the bat: I didn't give The Art Forger 4 stars because I was blown away by the prose, scene, setting, or characterization. Had those been up to snuff I'd have given it an easy 5. There are some flat characters, relies somewhat on stereo typical thinking about artists and their studios, it sports some letters written by someone else in stand alone chapters which jar a bit with the first person view point (one would assume our heroine would have no knowledge of thes ...more
Once purchased, the art can disappear from view for years, even decades. A lot of the art bought at auctions goes to freeports – ultra-secure warehouses for the collections of millionaires and billionaires, ranging from Picassos and gold to vintage Ferraris and fine wine. The freeports, which exist in Switzerland, Luxembourg and Singapore, offer a variety of tax advantages because the goods stored in them are technically in transit. The Economist magazine reported that the freeport near the Geneva airport alone is thought to hold $100-billion (U.S.) of art.

Clare Roth is an artist who ekes out a living making copies of Degas paintings and other masterpieces while she struggles to live down a mistake from her past. She enters into a complicated agreement with a powerful gallery owner to forge a stolen Degas painting in return for a show at his gallery. Things take a turn when she suspects that this stolen "masterpiece" is also a forgery.
At Lowy, collectors interested in hiding their originals in the vault, whether for security purposes, to protect delicate works, or to lower the cost to insure them, can reproduce works without the help of a museum. The company employs both specially trained restoration artists and independent artists in need of a day job to conserve and replicate artworks. The process starts with an extremely high-quality print of a digital image, and then the painstaking application of clear conservators’ gel to simulate brushstrokes. Prices start at about $2,000, while frames tend to quadruple the amount.
Many works of art acknowledged to be authentic carry some risk that in the future questions of authenticity may arise. After all, experts sometimes change their minds, new experts may disagree with the old consensus, and new facts or technologies may emerge. An impeccable provenance that can be verified serves to mitigate that investment risk. On the other hand, we have seen that a dubious provenance may itself be used as circumstantial evidence that the work is a fake. Thus, even where authenticity is not currently an issue, an inaccurate or incomplete provenance still could give rise to a claim in the future.
Four people, including a Saudi prince, were recently indicted on narcotics charges in Miami. The indictment cites one of the defendants with money laundering and seeks forfeiture of two works of art in connection with the deal. The oil paintings, seized by the U.S. in New York, are "Bandits attacking a coach" attributed to Francisco de Goya and "Buste de jeune" attributed to Tsuguharu Foujita. Both works are also known by other titles. The indictment charges one José Maria Clemente with financial transactions designed to conceal the source of illegal drug proceeds.

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.
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.
The most common art scam is for a scammer to make contact with an artist  and say that they want to buy some if their artwork that they saw online.  To the unwary, hungry artist this is surely great news.  What the scammer wants is for the artist to ship the art to them without paying for it. In reality, what they will be doing is that they will be providing the artist with stolen credit card numbers or with phony checks in order to make the art purchase.
In the case of photographer Man Ray[25] print production was often poorly managed during his lifetime, and many of his negatives were stolen by people who had access to his studio. The possession of the photo-negatives would allow a forger to print an unlimited number of fake prints, which he could then pass off as original. Fake prints would be nearly indistinguishable from originals, if the same photographic paper was used. Since unused photographic paper has a short (2–5 years) useful life, and the composition of photographic paper was frequently changed, the fakes would have had to be produced not long after the originals.
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).

During the Renaissance, many painters took on apprentices who studied painting techniques by copying the works and style of the master. As a payment for the training, the master would then sell these works. This practice was generally considered a tribute, not forgery, although some of these copies have later erroneously been attributed to the master.

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