This painting, known as “Hannibal” after a word scribbled on its surface, was brought into the United States in 2007 as part of a Brazilian embezzler’s elaborate effort to launder money, the authorities say. It was later seized at a Manhattan warehouse by federal investigators who are now preparing to return it to Brazil at the behest of law enforcement officials there.

Fraudulent misrepresentations are one thing, but do sellers who proudly “stand behind the works they sell” really intend to be strictly liable (i.e., without fault) for any error or omission in the provenance or exhibition history? Do sellers undertake to do independent investigations of the provenance, or do they just pass along the same information they received when the work was acquired? In practice, more sophisticated art market participants, such as the major auction houses, include disclaimers (in fine print) in their terms and conditions of sale, but when smaller galleries and dealers sell art they rarely incorporate such protections against liability for faulty or inaccurate information.

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.
Art frauds can also be difficult to prosecute because museum curators or collectors must admit to having been duped. Rarely do museums acknowledge that works of art they own may be inauthentic. When they do, it is often because they have no choice. The Boymans-van Beuningen Museum in Rotterdam, Netherlands, was forced to acknowledge that its “Vermeer” Supper at Emmaus was actually a forgery painted in the 1930s by van Meegeren, but the museum admitted that only after the forger himself, in the context of another investigation, had revealed his involvement. The work’s original collector, D.G. van Beuningen, continued to believe (despite van Meegeren’s claim) that the work was by Vermeer.
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.
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:
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.
Fine examples of pottery and porcelain have always commanded high prices, which have, in turn, encouraged the making of forgeries and reproductions. Since many European factories tried to imitate Italian majolica during the 19th century when it was especially popular, forgeries are common. The work of Urbino, Castel Durante, Faenza, and Gubbio was copied freely, and, to a lesser extent, so were the wares of Orvieto and Florence. Most of these forgeries are not close enough to deceive a reasonably expert eye. Potters used natural deposits the impurities of which, for good or ill, often affected the final result; until recently it has been impossible to procure materials in a pure state. In all but a few isolated instances (some German stoneware reproductions, for example) the forger no longer has access to these original deposits and he has to imitate the effect of the impurities as best he can. Although the best forgeries are often remarkably close to the originals, they are not very numerous.
Sometimes it is necessary to remove small bits of materials from a work and subject them to various analyses. Chemical analysis is particularly valuable in determining the pigment used because many of the paints available to the modern forger were unknown in earlier times. Today titanium, a 20th-century product, is used to make the white pigment in most oil paints, whereas white lead was the element used in the time of Rembrandt. Many ancient colours were manufactured by grinding natural minerals such as lapis lazuli for blue and malachite for green. Today cheaper synthetic chemicals are used. Some chemical tests, however, require the removal of more ancient material than is desirable. In that event a speck as small as the head of a pin can be analyzed spectrographically. From the burning of a minute sample a photographic record of the spectrum of the light emitted is analyzed to reveal the elements present and their relative percentages.
Fact meets fiction meets art history lesson meets… Faustian deal? Who doesn’t like the mystery of an unsolved heist, which to date is still the largest unsolved art heist in history? Throw in the world of struggling young artists, art collectors, art dealers, museum curators, art copyists, glitz and not so much glam and… Forgers. I was interested.
Bob Keerseweer won an art auction on eBay by bidding $135,805 for a Diebenhorn painting. What Bob didn't know was that Rob Walton, the owner of the work, was part of a ring specializing in driving up the price of the auction. The ring posted 50 bids on the same auction that Keerseweer won. Bob also didn't know that the work was a forgery. Walton and his gang were eventually arrested and convicted (Silicon Valley Staff, 2001).
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.
Some forgers have created false paper trails relating to a piece, in order to make the work appear genuine. British art dealer John Drewe created false documents of provenance for works forged by his partner John Myatt, and even inserted pictures of forgeries into the archives of prominent art institutions.[11] In 2016, Eric Spoutz plead guilty to one count of wire fraud related to the sale of hundreds of falsely attributed artworks to American masters accompanied by forged provenance documents. Spoutz was sentenced to 41 months in federal prison and ordered to forfeit the $1.45 million he made from the scheme and pay $154,100 in restitution.[12]

Jack Flam suggested the paintings be sent for scientific testing to Jamie Martin, one of the world's top forensic art analysts. Martin showed us how he examined one of the fake Robert Motherwells using a stereomicroscope to study every millimeter of the painting's surface, and to select and then remove samples for identification. That's how he detected circular marks in the base layers, indicating an electric sander had been used to remove paint.


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.

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).

Forgeries again came into play at Turkey’s State Art and Sculpture Museum in Ankara, where a group of museum officials and criminals are believed to have teamed up to steal some 302 works from the institution between 2005 and 2009. The crime was discovered in 2012, when the museum realized that 46 pieces in the collection had been replaced by copies. Another 30 works also raised suspicion.
“Deaccessioning” is defined as the process by which an artwork (or other object) is permanently removed from a museum’s collection. Proceeds received from the sale of deaccessioned artworks must be used by art museums for the acquisition of other artworks. As such, U.S. and international professional organizations have long upheld the role of deaccessioning as vital to the care of collections. Some nationally funded museums do not allow deaccessioning under any circumstances, and internationally it is not as prevalent as it is in America, where many museums are privately funded. The Toledo Museum of Art respects that there are different points of view, but American art museums have upheld the practice of judiciously managing collections.
Our current market, geared toward the ultra-wealthy, is helping few and hurting many. It stomps down all the emerging and midlevel dealers, artists, curators and even collectors who can’t play in the big-money game. It’s also hurting all the art lovers, current and future, who deserve work that’s conceived to address artistic issues, not to sell well to robber barons. If forgers can help burst our art bubble, blessings be upon them.
Art Businesses should also consider the form of the transaction, such as whether the transaction is taking place through intermediaries, face to face, entirely via the Internet, over the phone, or by any other similar non face to face means. In some circumstances, depending on the nature, value and/or geographic location of the transaction, enhanced due diligence may be appropriate.
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.

While pretty much all art could be scandalized, some are more susceptible to scheming than others. Digital artist Daniel Temkin points out that digital art, which doesn’t need to be shipped or stored because it has no physical manifestation, is particularly ripe for your risky business. To make it easy for you, Temkin has created an "online auction house, offering net art by internationally renowned artists and their impersonators" called NetVVorth. The art experiment/tongue-in-cheek criminal resource hosts a series of counterfeit works created by legitimate net artists. “The collection is offered to expose net art as a viable investment to serious collectors by establishing a shadow market, proving its ability to hide illicit profits and transfer them easily around the globe. All works are supplied with provenance papers. All sales are in Bitcoin. The true counterfeiter is identified only to the owner of the piece.” The collection includes roughly 35 works. Pick your favorite. (And if you hate digital art, like most collectors, you can always hire an art consultant who can help you pick out some “reeeeeal” art.)
An art forger must be at least somewhat proficient in the type of art he is trying to imitate. Many forgers were once fledgling artists who tried, unsuccessfully, to break into the market, eventually resorting to forgery. Sometimes, an original item is borrowed or stolen from the owner in order to create a copy. Forgers will then return the copy to the owner, keeping the original for himself. In 1799, a self-portrait by Albrecht Dürer which had hung in the Nuremberg Town Hall since the 16th century, was loaned to Abraham Wolfgang Küfner [de]. The painter made a copy of the original and returned the copy in place of the original. The forgery was discovered in 1805, when the original came up for auction and was purchased for the royal collection.
A newly discovered type of art inevitably brings on a flood of forgeries. At the end of the 19th century, when the first small, attractive Tanagra figurines were found in Greece, the market very shortly was flooded with a myriad of fraudulent Tanagra terra-cotta statuettes. In the mid-20th century, African primitive art became very popular, and woodcarvers from Italy to Scandinavia responded to supply the demand. Later, a very early civilization was discovered in Turkey, and the few genuine Anatolian ceramic pieces that appeared on the market were followed immediately by very competent forgeries apparently made in the same location as the ancient pieces. The lack of knowledge about genuine pieces made detection extremely difficult.
Particularly notorious was the case of the Wise forgeries. Thomas James Wise (1859–1937) had the reputation of being one of the most distinguished private book collectors on either side of the Atlantic, and his Ashley Library in London became a place of pilgrimage for scholars from Europe and the United States. He constantly exposed piracies and forgeries and always denied that he was a dealer. The shock was accordingly the greater in 1934 when John W. Carter and Henry Graham Pollard published An Enquiry into the Nature of Certain Nineteenth Century Pamphlets, proving that about 40 or 50 of these, commanding high prices, were forgeries, and that all could be traced to Wise. Subsequent research confirmed the finding of Carter and Pollard and indicted Wise for other and more serious offenses, including the sophistication of many of his own copies of early printed books with leaves stolen from copies in the British Museum.
Forgeries again came into play at Turkey’s State Art and Sculpture Museum in Ankara, where a group of museum officials and criminals are believed to have teamed up to steal some 302 works from the institution between 2005 and 2009. The crime was discovered in 2012, when the museum realized that 46 pieces in the collection had been replaced by copies. Another 30 works also raised suspicion.
Forgery most often occurs with works of painting, sculpture, decorative art, and literature; less often with music. Plagiarism is more difficult to prove as fraud, since the possibility of coincidence must be weighed against evidence of stealing. Piracy is more often a business than an artistic fraud; it frequently occurs in the publication of editions of foreign books in countries that have no copyright agreement with the nation in which the work was copyrighted. A stage production, the reproduction of a painting, the performance of a musical composition, and analogous practices of other kinds of works without authorization and royalty payments also fall into this category.
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.)
Fact meets fiction meets art history lesson meets… Faustian deal? Who doesn’t like the mystery of an unsolved heist, which to date is still the largest unsolved art heist in history? Throw in the world of struggling young artists, art collectors, art dealers, museum curators, art copyists, glitz and not so much glam and… Forgers. I was interested.
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
Motivations- check, he gives you that, details of specific works- check he gives you that, but I was hoping for some information on HOW they forge things, why, if they have that kind of talent do they not do their own (other than money, and of course risk), how they can tell (lightly touched on) that it was forged. This is a good overview book, but not detailed, not for someone who has huge curiosity about the field of art forgery. Start here, but if you are wondering more, keep looking.
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
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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.

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.
Data provenance covers the provenance of computerized data. There are two main aspects of data provenance: ownership of the data and data usage. Ownership will tell the user who is responsible for the source of the data, ideally including information on the originator of the data. Data usage gives details regarding how the data has been used and modified and often includes information on how to cite the data source or sources. Data provenance is of particular concern with electronic data, as data sets are often modified and copied without proper citation or acknowledgement of the originating data set. Databases make it easy to select specific information from data sets and merge this data with other data sources without any documentation of how the data was obtained or how it was modified from the original data set or sets.[31] The automated analysis of data provenance graphs has been described as a mean to verify compliance with regulations regarding data usage such as introduced by the EU GDPR.[69]
Seed provenance refers to the specified area in which plants that produced seed are located or were derived. Local provenancing is a position maintained by ecologists that suggests that only seeds of local provenance should be planted in a particular area. However, this view depends on the adaptationist program – a view that populations are universally locally adapted.[63] It is maintained that local seed is best adapted to local conditions, and that outbreeding depression will be avoided. Evolutionary biologists suggest that strict adherence to provenance collecting is not a wise decision because:
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.
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.
Ken Dreifach, head of the Internet Bureau at the New York State Attorney General's office, reported the reoccurring sales of a forged painting. An individual purchased a painting from the Art and Design Center of New York City and brought it to an art expert for appraisal who determined the work was a forgery. The Art and Design Center refunded the money to the purchaser but then sold it to another individual. That person also had it evaluated by an expert who said it was a fake. The Center refunded the money to the second purchaser. Then an undercover investigator from the attorney general's office bought the same painting and the jig was up. The attorney general filed charges and the case was settled against the Center for various monetary charges (Department of Law, 2001).

Conservation issues of Pompeii and Herculaneum Conservation-restoration of Ecce Homo by Elías García Martínez Conservation-restoration of The Gross Clinic by Thomas Eakins Conservation-restoration of Leonardo da Vinci's The Last Supper Conservation-restoration of the Shroud of Turin Conservation-restoration of the Sistine Chapel frescoes Conservation-restoration of the Statue of Liberty Conservation-restoration of the H.L. Hunley Modern and Contemporary Art Research Initiative
The Art Business should examine the client’s background and purpose behind the contemplated transaction. For example, are the artworks being sold by the client consistent with what is known about the client’s collection? Is the level at which the client is selling or buying consistent with their past transactions and what is known about their professional activities and personal wealth? If not, the Art Business may want to ask the client for further information.
Motivations- check, he gives you that, details of specific works- check he gives you that, but I was hoping for some information on HOW they forge things, why, if they have that kind of talent do they not do their own (other than money, and of course risk), how they can tell (lightly touched on) that it was forged. This is a good overview book, but not detailed, not for someone who has huge curiosity about the field of art forgery. Start here, but if you are wondering more, keep looking.
Ken Dreifach, head of the Internet Bureau at the New York State Attorney General's office, reported the reoccurring sales of a forged painting. An individual purchased a painting from the Art and Design Center of New York City and brought it to an art expert for appraisal who determined the work was a forgery. The Art and Design Center refunded the money to the purchaser but then sold it to another individual. That person also had it evaluated by an expert who said it was a fake. The Center refunded the money to the second purchaser. Then an undercover investigator from the attorney general's office bought the same painting and the jig was up. The attorney general filed charges and the case was settled against the Center for various monetary charges (Department of Law, 2001).
Occasionally a forger appears with a certain specious glamour like Constantine Simonides (1824–67), a Greek adventurer who varied his trade in perfectly genuine manuscripts with the sale of strange concoctions of his own. Maj. George de Luna Byron, alias de Gibler, who claimed to be a natural son of Byron by a Spanish countess, successfully produced and disposed of large quantities of forgeries ascribed to his alleged father and to Shelley, John Keats, and others. More commonplace is the forgery encountered in the case of the Edinburgh forger A.H. (“Antique”) Smith, who was responsible for forgeries of Robert Burns, Sir Walter Scott, Mary Stuart, and other persons from Scottish literature and history—a feat that ultimately earned him 12 months’ imprisonment.
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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).

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


Even though De Sole was appointed chairman of Sotheby’s in 2015 and, presumably, is art-savvy, Clarick points out that his being scammed speaks volumes. “To me,” says Clarick, “it says that the works were pretty good-looking and conveys the impeccable reputation that Knoedler and Ann Freedman had. People believed them. You don’t buy a really fancy diamond from Tiffany and have it checked out on 47th Street.”
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