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.
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.
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.
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.
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.
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).
There are no accepted estimates on the amounts of money laundered through the art market, although the general belief is that it is enormous and expanding as regulations on other asset classes, from real estate to foreign exchange, tighten up everywhere. The International Monetary Fund estimated that "the amount available for laundering through the financial system" was worth 2.7 per cent of global gross domestic product in 2009 or $1.6-trillion (U.S.).
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.
Sack discussed transferring the proceeds from the resale to an offshore account, the agent's affidavit says, and the dealers explained that the buyer would see a net loss in funds. When the undercover agent mentioned normally paying "10% to 15%" to launder money, Katzen said the works could easily be sold at a 10% discount, the affidavit says. Katzen said he would move the money very, very slowly, the affidavit says, and told the agent he had a client in Europe who was ready to buy the Modigliani "under these circumstances."
A recent, thought-provoking instance of potential art forgery involves the Getty kouros, the authenticity of which has not been resolved. The Getty Kouros was offered, along with seven other pieces, to The J. Paul Getty Museum in Malibu, California, in the spring of 1983. For the next 12 years art historians, conservators, and archaeologists studied the Kouros, scientific tests were performed and showed that the surface could not have been created artificially. However, when several of the other pieces offered with the Kouros were shown to be forgeries, its authenticity was again questioned. In May 1992, the Kouros was displayed in Athens, Greece, at an international conference, called to determine its authenticity. The conference failed to solve the problem; while most art historians and archeologists denounced it, the scientists present believed the statue to be authentic. To this day, the Getty Kouros' authenticity remains a mystery and the statue is displayed with the date: "Greek, 530 B.C. or modern forgery".[23]

Archaeology and anthropology researchers use provenience to refer to the exact location or find spot of an artifact, a bone or other remains, a soil sample, or a feature within an ancient site,[3] whereas provenance covers an object's complete documented history. Ideally, in modern excavations, the provenience is recorded in three dimensions on a site grid with great precision, and may also be recorded on video to provide additional proof and context. In older work, often undertaken by amateurs, only the general site or approximate area may be known, especially when an artifact was found outside a professional excavation and its specific position not recorded. The term provenience appeared in the 1880s, about a century after provenance. Outside of academic contexts, it has been used as a synonymous variant spelling of provenance, especially in American English.
In paleontology and paleoanthropology, it is recognized that fossils can also move from their primary context and are sometimes found, apparently in-situ, in deposits to which they do not belong because they have been moved, for example, by the erosion of nearby but different outcrops. It is unclear how strictly paleontology maintains the provenience and provenance distinction. For example, a short glossary at a website (primarily aimed at young students) of the American Museum of Natural History treats the terms as synonymous,[27] while scholarly paleontology works make frequent use of provenience in the same precise sense as used in archaeology and paleoanthropology.
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.
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.[32]

And in response to Beijing’s strict capital controls which make it illegal for an individual move more than $50,000 out of China per year, wealthy folks from China are turning increasingly to smuggling art out of the country instead. "Items can be bought and sold relatively anonymously, and even when a transaction occurs, complex ownership schemes -- many with a degree of secrecy attached -- are widespread," Paul Tehan of TrackArt, a Hong Kong-based art risk consultancy, told CNN. According to Tehan, senior managers of an art shipping company based in China were arrested for allegedly forging the value of imported art in order to help buyers avoid paying millions in duties.


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.

Finally, forgers teach us to doubt connoisseurs. There’s a myth out there, propagated by the market and some strains of academe, that certain thoroughbred experts can smell authentic art at 100 yards. After more than a century of bad attributions, reattributions and long-lived fakes, you’d think we would know better than to believe in such fantasy creatures. The truth is, the connoisseur’s eye works brilliantly in that vast majority of attributions where an artwork comes without a name attached but clearly has a single maker’s signature look. And then that eye fails utterly in those remaining, more iffy cases where a piece looks quite like some artist’s work, but may almost as easily be by someone else — including a forger.
Meeting with the undercover agent in May 2001, Katzen suggested exporting the Modigliani and Degas out of the U.S. for resale, which could take "six months to one year," the indictment says. Katzen proposed to the agent that they build up an inventory in Europe to be marketed "creatively" and that they establish a long-term relationship in moving "large amounts," the indictment says. To assure the would-be buyer, documents were sent to establish authenticity, the indictment says.
Antiques restoration Archaeological science Archaeology Bioarchaeology Building restoration Conservation science Digital photograph restoration Digital preservation Database preservation Film preservation Frame conservation Heritage science Historic preservation Media preservation Object conservation Optical media preservation Painting conservation Preservation (library and archival science) Restoration Sustainable preservation Web archiving
Statistical analysis of digital images of paintings is a new method that has recently been used to detect forgeries. Using a technique called wavelet decomposition, a picture is broken down into a collection of more basic images called sub-bands. These sub-bands are analyzed to determine textures, assigning a frequency to each sub-band. The broad strokes of a surface such as a blue sky would show up as mostly low frequency sub-bands whereas the fine strokes in blades of grass would produce high-frequency sub-bands.[19] A group of 13 drawings attributed to Pieter Brueghel the Elder was tested using the wavelet decomposition method. Five of the drawings were known to be imitations. The analysis was able to correctly identify the five forged paintings. The method was also used on the painting Virgin and Child with Saints, created in the studios of Pietro Perugino. Historians have long suspected that Perugino painted only a portion of the work. The wavelet decomposition method indicated that at least four different artists had worked on the painting.
They invented a story that fooled them all. Helene said her grandfather hid his art collection at his country estate in Germany before the war to protect it from the Nazis.  When he died, she said, she inherited it.  But there was nothing to inherit, because there had never been a collection. Every one of the works had been painted by Wolfgang Beltracchi.
Federal investigators don't know exactly how much Pei-Shen Qian made on the scheme, but it was at least $65,000. He fled to China and was later indicted. In an interview with Bloomberg News three years ago, the forger explained he began painting in Shanghai, and moved to the U.S. in the 1980s. He insisted he never intended to pass his paintings off as anything other than imitations and found it incredible that anyone had taken the paintings seriously.
Statistical analysis of digital images of paintings is a new method that has recently been used to detect forgeries. Using a technique called wavelet decomposition, a picture is broken down into a collection of more basic images called sub-bands. These sub-bands are analyzed to determine textures, assigning a frequency to each sub-band. The broad strokes of a surface such as a blue sky would show up as mostly low frequency sub-bands whereas the fine strokes in blades of grass would produce high-frequency sub-bands.[19] A group of 13 drawings attributed to Pieter Brueghel the Elder was tested using the wavelet decomposition method. Five of the drawings were known to be imitations. The analysis was able to correctly identify the five forged paintings. The method was also used on the painting Virgin and Child with Saints, created in the studios of Pietro Perugino. Historians have long suspected that Perugino painted only a portion of the work. The wavelet decomposition method indicated that at least four different artists had worked on the painting.

Provenance – also known as "custodial history" – is a core concept of archival science and archival processing. The term refers to the individuals, groups, or organizations that originally created or received the items in an accumulation of records, and to the items' subsequent chain of custody.[16] The principle of provenance (sometimes also termed the principle of archival integrity or respect des fonds) stipulates that records originating from a common source (or fonds) should be kept together – where practicable, physically; but in all cases intellectually, in the way in which they are catalogued and arranged in finding aids. Conversely, records of different provenance should be preserved and documented separately. In archival practice, proof of provenance is provided by the operation of control systems that document the history of records kept in archives, including details of amendments made to them. The authority of an archival document or set of documents of which the provenance is uncertain (because of gaps in the recorded chain of custody) will be considered to be severely compromised.
A tale of literary forgery that came to light in the early 21st century was that of the celebrity biographer Lee Israel, who confessed in her memoir, Can You Ever Forgive Me? (2008), that while down on her luck in the 1990s she had forged and sold to collectors hundreds of letters by various notable figures—Louise Brooks, Noël Coward, Dorothy Parker, Humphrey Bogart, and Lillian Hellman among them.
The best parts were the tidbits about the process of forging an old master painting. While the writing is never bad, it's bland. Lackluster prose really inhibits the narrative voice of Claire, the forger of the title, who never comes to life on the page. Her naïveté after having been burned once by a man, only to let it happen again is astonishing, yet we never understand why she seems to be so easy to dupe. On top of the her unexciting narrative tone, Shapiro includes an ongoing correspondence ...more
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.  
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."
If a painting has been in private hands for an extended period and on display in a stately home, it may be recorded in an inventory – for example, the Lumley inventory.[14] The painting may also have been noticed by a visitor who subsequently wrote about it. It may have been mentioned in a will or a diary. Where the painting has been bought from a dealer, or changed hands in a private transaction, there may be a bill of sale or sales receipt that provides evidence of provenance. Where the artist is known, there may be a catalogue raisonné listing all the artist's known works and their location at the time of writing. A database of catalogues raisonnés is available at the International Foundation for Art Research. Historic photos of the painting may be discussed and illustrated in a more general work on the artist, period or genre. Similarly, a photograph of a painting may show inscriptions (or a signature) that subsequently became lost as a result of overzealous restoration. Conversely, a photograph may show that an inscription was not visible at an earlier date. One of the disputed aspects of the "Rice" portrait of Jane Austen concerns apparent inscriptions identifying artist and sitter.[15]
I confess to being wrapped up in the reading of this book and particularly the art of art forgery Shapiro unmasks. I have often wondered why a painting that has hung for hundreds of years on museum walls and been praised for its style and beauty is not just as valuable and just as precious when it is discovered that it was not painted by one of the greats but by his apprentice. Doesn't the art remain the same. Isn't it just as valuable as art even if it was painted by an unknown? We seem to carr ...more

The most obvious forgeries are revealed as clumsy copies of previous art. A forger may try to create a "new" work by combining the elements of more than one work. The forger may omit details typical to the artist they are trying to imitate, or add anachronisms, in an attempt to claim that the forged work is a slightly different copy, or a previous version of a more famous work. To detect the work of a skilled forger, investigators must rely on other methods.
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.
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.

Glafira Rosales, an obscure Long Island art dealer, her boyfriend, and his brother enlisted Pei-Shen Qian, a Chinese artist in Queens, to paint Abstract Expressionist canvases in the style of such masters as Jackson Pollock, Mark Rothko, Robert Motherwell, and others. The venerable Knoedler gallery, which closed in 2011 as the forgeries came to light, still claims they believed Rosales’s story that the works were part of an undocumented collection sold directly by the artists to an anonymous “Mr. X.”
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.
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.

Also the documents supposedly supporting the authenticity of the art were forged. According to the art fraud detective, the fraudulent art pieces looked like they had been purchased in a dollar store because they were so bad. When the police searched his one-room condo, some of the works still were wet with paint. At the time of his arrest, another buyer filed a complaint that the piece she purchased from him was a forgery (Moore, 2004).


An important strategy for combating that type of art fraud is research into the history of ownership of the work (called provenance) and the mention of the work in archival records. Genuine works of art appear in historical records and are owned by individuals, and one way to determine the authenticity of a work is to establish that kind of history. Marks of ownership, such as owners’ stamps, may be found on the object itself, or dates signifying change in ownership may be written on the object. Needless to say, historical marks on a work can also be forged, so provenance research alone is not sufficient to determine authenticity.
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