A forgery ring busted in 2011 is still having repercussions across the Alberto Giacometti market. Dutch Giacometti forger Robert Driessen made €8 million ($8.9 million) selling forged sculptures, along with thousands of fake bronzes, before his misdeeds were discovered. In 2015, the case again made headlines when a German dealer was caught trying to sell one of the works still at large to an undercover agent.
One may logically question the real meaning of the difference between a genuine and a spurious work of art when in many cases it requires such expert study to detect the difference between the two. Or to phrase it another way, what is the difference in value of a work of art that has been on view in a museum for 40 years, after it has been proved to be false? This is a somewhat philosophical point in that the object itself has not changed, only our opinion of it. Its monetary value has been reduced from that of a rare, expensive, original piece to that of an attractive but spurious imitation. Its aesthetic quality has become a real danger, as it is a perversion of the truth. The forgery presents a false understanding of the work of an artist or an ancient culture, one which has been perverted in its modern translation. To appreciate the work of ancient artists their work must be studied alone and not be diverted by forgeries, or one will be inexorably misguided.
Prosecution is also possible under state criminal laws, such as prohibitions against criminal fraud, or against the simulation of personal signatures. However, in order to trigger criminal liability under states' laws, the government must prove that the defendant had intent to defraud. The evidentiary burden, as in all criminal prosecutions, is high; proof "beyond a reasonable doubt" is required.
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.
While the US art market remains relatively unregulated, organizations across the globe are taking steps to hold dealers accountable for reporting illegal activity. In February of 2013, the European Commission passed ordinances that require European galleries to report sales above 7,500 euros paid in cash, as well as file suspicious-transaction reports. And in the beginning of this year, a forum was held at the World Economic Forum in Davos, Switzerland in which economist Nouriel Roubini, among others, spoke on the art market’s susceptibility to laundering and other economic crimes like tax avoidance and evasion. “Anybody can walk into a gallery and spend half a million dollars and nobody is going to ask any questions," said Roubini according to Swiss Info.
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.
Forgers of older artworks sometimes attempt to override forensic methods by using or plausibly imitating authentic materials. One of the best-known cases is that of forger Han van Meegeren, who used a modern paint mixture but mimicked an older technique to a sufficient degree that his paintings were certified, as he intended, as originals by the 17th-century Dutch master Johannes Vermeer. Even though further testing can reveal that a paint’s age has been masked, museums and collectors often simply accept initial results.