Claire Roth is an artist that has been involved in an art work scandal and has found herself blackballed in the artistic world. She is forced into reproducing famous paintings to make a living.This career choice gives her an opportunity to salvage her reputation when she is offered the chance to copy a stolen Degas painting. The story also intertwines the story of the founding of the Isabella Stewart Gardner Museum in Boston and the place ...more
At Lowy, collectors interested in hiding their originals in the vault, whether for security purposes, to protect delicate works, or to lower the cost to insure them, can reproduce works without the help of a museum. The company employs both specially trained restoration artists and independent artists in need of a day job to conserve and replicate artworks. The process starts with an extremely high-quality print of a digital image, and then the painstaking application of clear conservators’ gel to simulate brushstrokes. Prices start at about $2,000, while frames tend to quadruple the amount.
Interpol also tracks art smuggling. City police forces may have units that investigate cases of art fraud on the local level. But the first, and in many cases only, line of defense against art fraud is the dealers who offer the works for sale and the museums and collectors who must make every effort to determine the authenticity and legality of the works before purchase.
The commonest motivation for fraudulence is monetary gain. Fraudulence is most likely to occur when the demand for a certain kind of work coincides with scarcity and thus raises the market prices. Unprincipled dealers have encouraged technically skilled artists to create forgeries, occasionally guiding them to supply the precise demands of collectors or museums. This is by no means a modern phenomenon: in the 1st and 2nd centuries ad, sculptors working in Rome made replicas of Grecian works to satisfy the demands for the greatly admired Grecian sculpture of the preceding five centuries. These copies or adaptations apparently were not offered as contemporary work but as booty from Greece at the extraordinarily high prices paid for such works in imperial Rome. Similar circumstances may account for the “discovery” of a manuscript or autograph by a dead author or composer, although many such finds are quite legitimate and have been authenticated.
In another common form of money laundering, called smurfing (also known as "structuring"), the criminal breaks up large chunks of cash into multiple small deposits, often spreading them over many different accounts, to avoid detection. Money laundering can also be accomplished through the use of currency exchanges, wire transfers, and "mules"—cash smugglers, who sneak large amounts of cash across borders and deposit them in foreign accounts, where money-laundering enforcement is less strict.
In the United States federal money laundering statutes apply to nearly every major transaction through which illegal profits are disguised to look legal. Typically, dirty money is laundered through the purchase of, say, a penthouse apartment, or mixed in with the earnings of a legitimate business like a restaurant. When gambling winnings or drug proceeds come out the other end, they appear as a real estate asset or business profit. They look clean.
In the geologic use of the term, provenance instead refers to the origin or source area of particles within a rock, most commonly in sedimentary rocks. It does not refer to the circumstances of the collection of the rock. The provenance of sandstone, in particular, can be evaluated by determining the proportion of quartz, feldspar, and lithic fragments (see diagram).
Perhaps most frightening of all, there is no telling how many fakes still lie in plain sight, accepted as originals by experts and the public alike. Famed contemporary forgers such as Wolfgang Beltracchi and Mark Landis, for instance, have infiltrated many museum collections. In 2014, Switzerland’s Fine Art Expert Institute estimated that 50 percent of all work on the market is fake—a figure that was quickly second-guessed, but remains troubling.
It is important to note that objects identified as containing a Nazi-era provenance are not assumed to have been looted during the Nazi era or to have been acquired illegally. Rather, by making this information available to the public, the Nelson-Atkins provides an opportunity for additional information to be made available and fulfills its mission to steward responsibly the collections in its care.
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.
In seeking to revoke the sale based on an “incomplete” provenance, the buyer claimed that the provenance constituted a warranty under the Uniform Commercial Code (“UCC”) because it was part of the “basis of the bargain.” Under UCC § 2-313(1)(a), “[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.” Section 2-313(1)(b) provides that “[a]ny description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.” It is hard to argue that these sections are not worded broadly enough to encompass the provenance of art work, assuming that provenance was considered part of “the basis of the bargain” when the artwork was sold. The bad news for the seller is that determining whether the provenance was part of “the basis of the bargain” in a given transaction will likely be a question of fact for a jury to decide. That means that, absent precautionary measures such as an express disclaimer as to completeness and accuracy, the question of whether the provenance provided by the seller in an art sale constitutes a warranty will not be decided until after a good deal of expensive litigation. And it is certain that if the provenance is arguably misrepresented or incomplete, the buyer will be able to produce an “expert” to testify about the importance of provenance in the art world, all in support of the buyer’s argument that the given provenance was part of the basis of the bargain.
Money obtained illegally—from fraud, embezzlement, bribery, etc.—needs a hiding place. A huge deposit into a bank account, with no clear indication of where that money came from, is a red flag for the IRS. So instead of depositing dirty money, or holding onto it as cash, disreputable people will often turn the money into something else (cars, mansions) or filter it through a business so it comes out the other side looking like the profits of a legitimate enterprise.
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Stylistic analysis is subjective: it rests on the astute eye of the art historian. Each artist has a style, a flair, a verve unique to himself, and this can be recognized. His style will undergo change throughout his career, and this, too, can be stylistically analyzed and documented from his known works. When an unknown work purporting to be by a certain artist is discovered, the art historian attempts to fit it into the overall body of works by this artist. The subject matter, the brushwork, the choice of colours, and the type of composition are all consistent elements in a given artist’s production. Any variation immediately arouses suspicion. When the idiosyncrasies of an artist’s brushwork are studied, a fraud can sometimes be detected in much the same way a handwriting forgery is proven. In ancient works, particularly in antiquities, the scholar must examine the iconography of a piece. Forgers rarely have the scholarly background to combine iconographic elements correctly, and their errors often betray them.
^ Tan, Yu Shyang; Ko, Ryan K.L.; Holmes, Geoff (November 2013). "Security and Data Accountability in Distributed Systems: A Provenance Survey". 2013 IEEE 10th International Conference on High Performance Computing and Communications & 2013 IEEE International Conference on Embedded and Ubiquitous Computing. IEEE: 1571–1578. doi:10.1109/hpcc.and.euc.2013.221. ISBN 9780769550886.
You might have seen his stuff in New York’s Metropolitan Museum or in the Hermitage in Lausanne…to name just a couple. You can also see them in the homes of the one percent. Actor Steve Martin bought this one. Beltracchi’s forgeries have also made it into art books listing the best paintings of the 20th century and have been sold in many of the world’s top auction houses.
“It’s a useful resource for museums, auction houses, and dealers primarily that need to ply a particular artwork out of a collection,” says Brad Shar, whose New York–based firm Lowy works with both institutions and individual collectors to create reproductions. “The possibility of having an exact copy to fill a wall space is a powerful incentive a lot of the time.”
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 the movie-funding case, the scheme involved several participants, 10 countries, mislabeling transactions as “gifts” and “donations,” disguising the origins of the funds, and offshore shell companies. One letter stated that a transfer of $800 million from a Saudi prince to Razak was a “donation.” The head of the criminal operation used correspondent banks to transfer the funds in dollars.
The guidelines of AAMD state that: “Deaccessioning is a legitimate part of the formation and care of collections and, if practiced, should be done in order to refine and improve the quality and appropriateness of the collection, the better to serve the museum’s mission.” The American Alliance of Museums is even more explicit: “For this [use of institutional resources] and other reasons (e.g., when items are considered redundant, are damaged beyond repair or are of poor quality), deaccessioning is both a logical and responsible collections management policy.” We uphold these professional standards and do so in the service of creating an ever-better museum experience for our public and scholars alike.
This scam works for the scammer because the transaction will take time due to the distance involved for both parties. To the unwary artist, the credit card transaction will go through, the art is shipped, only for the artist to find out later that credit card number was stolen and or that the check was no good and that the artist will not be receiving their funds. Then as a consequence of all this, the artist is out of their art and the costs involved, plus the cost of the shipping.
But to dealers and their clients, secrecy is a crucial element of the art market’s mystique and practice. The Art Dealers Association of America dismissed the idea that using art to launder money was even a problem. “The issue is not an industrywide problem and really does not pertain to us,” said Lily Mitchem Pearsall, the association’s spokeswoman.
In a market depressed and made anxious by fakes, investors and private collectors may start pulling out, leaving more room for museums to buy at prices they can afford, which in turn would be good news for any art lover who depends on our public collections. And, since museums don’t have to think about net worth and reselling (let’s forget the Detroit case for a moment), they can live with the risk of maybe having bought a fake. Their audience might still enjoy and learn from the new “Rothko” in the collection.
In an effort to make this information more publicly accessible, this list can be found here and and is regularly updated as the Museum’s research progresses. This list is also published on AAM’s Nazi-Era Provenance Internet Portal (NEPIP), a central searchable registry of objects in U.S. museums that were created before 1946 and that possibly changed hands in continental Europe between 1933 and 1945, which was last updated in 2017.
Of the 10 civil lawsuits brought against Ann Freedman and Knoedler Gallery, six have been settled out of court for undisclosed sums, including Domenico de Sole's case, over that fake Mark Rothko. As for Ann Freedman, she is back in the art business. She has opened another gallery and is once again selling paintings just a few doors down from her old gallery in New York City.
Good solid provenance almost always increases the value and desirability of a work of art because, first and foremost, it authenticates the art. Good provenance also provides important information about and insight into a work of art's history. Unscrupulous sellers know the value of provenance and sometimes go to great lengths to manufacture or fabricate phony provenance for their art. The good news is that phony provenance is relatively easy to detect in most cases. The following guidelines will help protect you from buying art with fake or questionable provenance:
The Nelson-Atkins Museum of Art uses a variation of the format suggested by The AAM Guide to Provenance Research (Washington, D.C., 2001). Provenance is listed in chronological order, beginning with the earliest known owner. Methods of transactions and relationships between owners, if known, are indicated at the beginning of each line. The term “With” precedes a dealer’s name to indicate their commercial status when the method of their acquisition is unknown. Life dates for private collectors are included in parentheses and dates of ownership, when known, are indicated at the end of each line. Uncertain information is preceded by the terms “possibly” or “probably.” Footnotes are used to document or clarify information.
A peculiar case was that of the artist Han van Meegeren who became famous by creating "the finest Vermeer ever" and exposing that feat eight years later in 1945. His own work became valuable as well, which in turn attracted other forgers. One of these forgers was his son Jacques van Meegeren who was in the unique position to write certificates stating that a particular piece of art that he was offering "was created by his father, Han van Meegeren".
The paintings were sent "in respect to a money-laundering transaction," which was "related to this drug deal," she clarified, adding that "it was the money-laundering debt that Clemente was repaying." The U.S. Drug Enforcement Administration believes that oil paintings are "a way in which drug dealers launder money. It is an investment for their drug transaction proceeds," she said.
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.