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.
Interoperability is a design goal of most recent computer science provenance theories and models, for example the Open Provenance Model (OPM) 2008 generation workshop aimed at "establishing inter-operability of systems" through information exchange agreements. Data models and serialisation formats for delivering provenance information typically reuse existing metadata models where possible to enable this. Both the OPM Vocabulary and the PROV Ontology make extensive use of metadata models such as Dublin Core and Semantic Web technologies such as the Web Ontology Language (OWL). Current practice is to rely on the W3C PROV data model, OPM's successor.
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.
Artists have been copying the images and the styles of other artists for thousands of years. Up until around the 16th Century this was a common practice, used to pass down historical, religious and artistic tradition for future generations. Copying the work of others, and particularly the Masters, was a normal part of any artist's academic training. It still is, in major art schools, a normal and required part of an art student's cirriculum.
French artist Orlan sued American pop star Lady Gaga for forgery after the release of the 2011 hit video “Born This Way,” but ultimately lost her case. Orlan pointed out similarities to her piece Bumpload (1989), in which she added prosthetic ridges to her face, and Woman With Head (1996), which featured a decapitated head on a table. After losing her $31.7 million lawsuit, Orlan was ordered to pay the singer and her record label €20,000 ($22,000)
The innocuous nature of these copies gets overshadowed by the explosive scandals that do rock the art world from time to time. Recent headlines include the Modigliani exhibition in Genoa, which was shut down this summer after 30 percent of the paintings were alleged to be forgeries, and the Sotheby’s $10.6 million sale of a fake Frans Hals a year ago. Legally, Lowy clients are formally required to acknowledge that the piece it is a copy and will not be used unlawfully, but just in case, the firm’s contract indemnifies the company against any potential wrongdoing. “There is certainly fraudulent behavior out there,” says co-owner Brad Shar. “We wanted to make sure that we were legally protected.”
In this context, the provenance can occasionally be the detailed history of where an object has been since its creation, 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.
Often a thorough examination (sometimes referred to as Morellian Analysis) of the piece is enough to determine authenticity. For example, a sculpture may have been created obviously with modern methods and tools. Some forgers have used artistic methods inconsistent with those of the original artists, such as incorrect characteristic brushwork, perspective, preferred themes or techniques, or have used colors that were not available during the artist's lifetime to create the painting. Some forgers have dipped pieces in chemicals to "age" them and some have even tried to imitate worm marks by drilling holes into objects (see image, right).
Portrait of a Woman, attributed to Goya (1746-1828). X-ray images taken of this painting in 1954 revealed a portrait of another woman, circa 1790, beneath the surface. X-ray diffraction analysis revealed the presence of zinc white paint, invented after Goya's death. Further analysis revealed that the surface paint was modern and had been applied so as not to obscure the craquelure of the original. After analysis, the conservators left the work as you see it above, with portions of old and new visible, to illustrate the intricacies of art forgery, and the inherent difficulty of detecting it.
My predominant emotion while reading this book was irritation and I became much more interested in why it was irritating me so much than I was in the novel itself. I suppose principally because I thought it was going to be much more literary – a novel that creates the feeling that the characters are generating the plot rather than a novel whose plot creates the characters.
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.
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.
Founded in 1901, the Toledo Museum of Art holds a collection of extraordinary artworks. We are a free museum that had nearly half-a-million visitors last year and is nationally renowned for its focus on art education. Even with those distinctions, the Museum is most notable for the quality of its collection. Aside from its comprehensive collection of glass—Toledo is known in America as the Glass City—TMA has never sought to be comprehensive in its approach to collecting—the institution’s focus has been and remains on singular artworks by singular artists. Quality has always been the outstanding attribute of our collection, and the objects being sold are not of the quality of our permanent display collection; have been on display rarely; have not been sought out by scholars; or have not been published in recent decades. In short, these objects were not working to fulfill our mission.
Stories of art and money laundering tend to be media friendly, and often involve the wealthy behaving poorly. In one notorious case, the Department of Justice (“DOJ”) seized, via a civil forfeiture action, Jean Michel Basquiat’s 1981 painting, Hannibal. This work — later returned to Brazil by the DOJ — had been smuggled into the U.S. by Edemar Cid Ferreira, a former Brazilian banker who was convicted of money laundering and other offenses, and who allegedly converted some of his laundered proceeds into a significant art collection. According to the DOJ, although Hannibal had been appraised at a value of $8 million, it had been smuggled by Ferreira into the U.S. from Brazil, via the Netherlands, with false shipping invoices stating that the contents of the shipment were worth $100. Other stories provide less genteel tales of drug cartels, terrorist organizations and other criminal syndicates financing themselves through systemic looting and the illicit antiquities trade.
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.