Less clear is whether the standards that exist in the art world about what should be included in the provenance are followed with any regularity or even can be followed as a practical matter. While theoretically intended to be a “chain of title” that should include every owner of the work since its creation, provenance typically tends to be a non-exclusive listing of interesting facts concerning the background of the work, such as notable former owners (at least those who are willing to have their identities disclosed) and the exhibition of the work at prestigious venues. Should galleries which held the work on consignment be listed? Does a seller have potential liability if the provenance provided to the buyer turns out to be inaccurate in any material respect? What if it is merely incomplete?
Any art object—paintings, sculpture, jewelry, ceramics, fine furniture, and decorative pieces of all kinds—can be forged. The difficulty of forging, however, is as important as market price in determining what is forged. Probably fewer than 1 percent of stone sculptures are false because they require so much labour to make and their market is limited, but as many as 10 percent of modern French paintings on the market may be forgeries. The technical difficulties in making a convincing imitation of an ancient Greek vase are so great that forgeries are almost nonexistent. In contrast the forgery level of tiny archaic Greek and Cretan bronze statuettes, which are simple to cast, is possibly as high as 50 percent. A forger is most likely to succeed with a mediocre piece in the middle price range because such a piece probably will never be subjected to definitive examination. Although the price should be low enough to allay suspicion, the object can still yield a fair return for the effort expended by the forger.
At times restoration of a piece is so extensive that the original is essentially replaced when new materials are used to supplement older ones. An art restorer may also add or remove details on a painting, in an attempt to make the painting more saleable on the contemporary art market. This, however, is not a modern phenomenon - historical painters often "retouched" other artist's works by repainting some of the background or details.
Regardless of whether this provision ultimately is enacted, the underlying issue will persist. This post discusses some of the general concerns that the art and antiquities world can be misused as a conduit for dirty money. We then discuss the AML Standards for Art Market Operators proposed by the Basel Institute on Governance, and similar standards set forth by the Responsible Art Market, both of which attempt to set forth a framework for those in the business of trading art to mitigate their money laundering risks.
Some of the 20th century’s most important creators set out to undermine ideas of unique, authentic, hand-touched works of art. Precisely 100 years ago, when Marcel Duchamp began presenting store-bought bicycle wheels, urinals and bottle racks as ready-made sculptures, he was also inviting others to buy and show similar masterworks. A half-century later, Andy Warhol was famously freewheeling when it came to notions of authenticity: You could never tell, and weren’t supposed to know, how much if any of a Warhol painting had actually been made by him versus by some acolyte in his art Factory. (In interviews, Warhol would sometimes attribute his works to others even when he’d executed them himself.) The art market can’t stand the slippages such ideas introduce, and insists on selling Warhols and Duchamps the way you’d sell a Lincoln autograph. Forgers, on the other hand, help preserve modern art’s productive uncertainty.
Whenever I am approached by someone to buy my art, who I did not know, I always insist that I be paid through PayPal or Payoneer. After that, I usually never heard from those people again. Another way for an artist to protect themselves in a transaction like this is to insist to have the transaction handled by an escrow agent. The final transaction, shipping etc. is not completed until all of the funds have been verified and cleared. Any legitimate buyer or collector of art will not have a problem dealing in either manner. Anyone who objects to this way of doing business with you is someone who you do not want to do business with!
As the trial nears, a few facts are certain. Rosales sold fraudulent art; after pleading guilty to nine counts that include wire fraud and money laundering, she agreed to cooperate in the investigation and is awaiting sentencing. Her boyfriend Bergantiños was arrested in Spain and remains there. Pei-Shen, who brilliantly forged work by the most lauded artists of the 20th century, is on the loose and untouchable somewhere in China.
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.”
Tom Ripley is involved in an artwork forgery scheme in several of Patricia Highsmith's crime novels, most notably Ripley Under Ground (1970), in which he is confronted by a collector who correctly suspects that the paintings sold by Tom are forgeries. The novel was adapted to film in 2005, and the 1977 film The American Friend is also partially based on the novel.
Let’s get back to the real estate pilot program that lies at the heart of the Times’s confusion. That federal program, which may or may not be continued, relies upon mortgage title insurance companies to report to authorities the ultimate beneficial owner of any vehicle used to buy or sell very valuable real estate. It does not require the seller to reveal the beneficial owner to the buyer or vice versa.
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.
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).
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
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.
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.
These pesky forgers don’t limit their scams to painting, and are capable of turning their hands to many types of fakery. In the case of this set of six Louis XIV chairs—sold by highly-respected Parisian antiques dealer Kraemer Gallery to the Palace of Versailles itself—it emerged after the sale was made public that there just were not as many chairs in the court of Versailles as there are currently in circulation. The natural conclusion would be that some of the presumed authentic chairs must indeed be fakes.
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.
Where the research is proceeding backwards, to discover the previous provenance of a painting whose current ownership and location is known, it is important to record the physical details of the painting – style, subject, signature, materials, dimensions, frame, etc. The titles of paintings and the attribution to a particular artist may change over time. The size of the work and its description can be used to identify earlier references to the painting. The back of a painting can contain significant provenance information. There may be exhibition marks, dealer stamps, gallery labels and other indications of previous ownership. There may also be shipping labels. In the BBC TV programme Fake or Fortune? the provenance of the painting Bords de la Seine à Argenteuil was investigated using a gallery sticker and shipping label on the back. Early provenance can sometimes be indicated by a cartellino (a representation of an inscribed label) added to the front of a painting. However, these can be forged, or can fade or be painted over.
Art forgery. Boston. The Gardner heist. Degas. A woman artist-protagonist. The personal letters of Isabella herself. Even a whiff of Whitey Bulger. This book had all the promising ingredients for something delectable, but unfortunately, the souffle fell flat when the oven door opened up. The main character, starving artist Claire, is an unpalatable combination of hyper-competent artist/forger and a whiny young woman who constantly plays the victim. Not to say that you would never find those trai ...more
To sum up, the Times muddles the very different issues of ensuring the integrity of works of art—the authenticity question—which is real and requires an entity that can work with owners who want to maintain their anonymity for legitimate reasons with the issue of beneficial ownership—which is less pressing with art because it is relatively rare and covered by the parallel system of KYC run by the banks the auction houses rely upon to vouch for their clients’ ability to afford the works they want to buy.
Financial gain is the most common motive for literary forgery, the one responsible for the numerous forged autographs that appear on the market. The popularity of such authors as the Romantic poets Robert Burns, Percy Bysshe Shelley, and Byron led to the fabrication of numerous forgeries of their autographs, some of which remain in circulation. These forgeries were usually made by men who had access to only one or two genuine specimens, which they began by tracing. Their forgeries are stiff, exaggeratedly uniform, and lacking in the fluency and spontaneity of genuine autographs.
The history of the arts reveals instances of persons who have used forgery either to gain recognition of their own craftsmanship or to enjoy deceiving the critics who had rejected their genuine work. A legend told about Michelangelo illustrates this point. At the age of 21, he carved in marble a small sleeping Eros, or Cupid, based on ancient Roman works that he admired. Some time later this carving was sold as an antique to the well-known collector Cardinal Riario, who prized it highly. When Michelangelo stepped forward and claimed the work as his own he won immediate fame as a young man who could rival the work of the greatly venerated ancient sculptors.
For example, federal prosecutions have been successful using generalized criminal statutes, including the Racketeer Influenced and Corrupt Organizations Act ("RICO"). A successful RICO charge was brought against a family which had sold counterfeit prints purportedly by Chagall, Miró, and Dalí. The defendants were also found guilty of other federal crimes including conspiracy to defraud, money laundering, and postal fraud. Federal prosecutors are also able to prosecute forgers using the federal wire fraud or mail fraud statutes where the defendants used such communications.
Price flexibility in the art world is just one of the many advantages for a certain subset of the criminals — money launderers. Other advantages include portability, lack of a paper trail, anonymity, and no regulations. Artwork is lightweight compared to other valuables, like gold and cash. Artwork is bought and sold with minimal paperwork, unlike real estate. Artwork purchases can be anonymous, unlike everything else.
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:
Even as far back as ancient Rome, Mr. Nagel shows, it was considered utterly normal to copy the Greek statues of Praxiteles or Polyclitus, even while altering them. Patrons wanted access to the larger aesthetic ideas and ideals of their artistic geniuses; they didn’t think of works of art “as singularities, as unrepeatable performances by an author,” as Mr. Nagel puts it.
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. 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:
To combat these problems The Authentication in Art Foundation was established in 2012 by experts from different fields involved with the authenticity of art. The aim of the foundation is to bring together experts from different specialities to combat art forgery. Among its members are noted experts such as David Bomford, Martin Kemp, and Mauricio Seracini.
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.
The victims of art fraud are the artists who own the works, collectors who are defrauded through purchase of forged works, and museums that may use public or donated money to buy fraudulent works of art or works with a falsified provenance. Countries that lose valuable works of art to the international art market under false pretenses are also subject to art fraud.