Fakes Uncovered in Russia

John Varoli for Bloomberg has the story of this work, sold by Christie’s International for $3 million which may be a fake.  The work, purportedly made to appear as a work by Boris Kustodiev is included in a list of 100 alleged fakes by Russian masters which have been sold over the past decade.

For the past 18 months, Russia’s art market has faced its worst crisis of confidence in the post-Soviet era as five volumes of “The Catalog of Fraudulent Art Works” were published, said dealers. Some experts say that fakes now comprise the majority of artworks they are asked to evaluate. 

“Every month I’m asked to look at 10 paintings and nine are fakes,” said London-based Russian art dealer James Butterwick. “Many Russian collectors buy without asking competent experts. If a work is credible then it has a provenance that can be easily checked out.” 

Prices have also tumbled as the financial crisis cuts collectors’ appetite for art. Combined sales at Russian art auctions in New York at Sotheby’s and Christie’s in April were about 40 percent of the volume sold in 2008.
Rosokhran-Kultura, the government’s cultural watchdog, released the latest issue of the fakes catalog last month. It contained the most expensive item sold at Christie’s November 2005 auction of Russian paintings in London. It was listed as “Odalisque,” painted in 1919 by Kustodiev. 

“There’s no doubt ‘Odalisque’ is a fake, and that’s why we included it,” said the catalogue’s co-author Vladimir Roschin.

Questions or Comments? Email me at derek.fincham@gmail.com

"What fools the curator also fools the collector"

[image]Charles Stanish, Anthropology professor at UCLA makes some great arguments in the May/June issue of Archaeology magazine about the intersection of eBay and antiquities manufacturing. The piece, “Forging Ahead: Or how I learned to stop worrying and love eBay” argues the popular auction site is not as big a problem for the looting of ancient sites as many of us might believe. Instead, a number of forgeries have begun to flood the market. It is a terrific, and frightening article. It echoes an argument I’ve been trying to make in recent months: that the lack of transparency in the antiquities trade is defrauding our cultural heritage. Without an accurate and impartial accounting of an object’s history, how can we know for sure if an object is forged?

Pictured here is an image from the piece of a forged Moche portrait vessel. What about other potentially forged antiquities? Stanish argues in the piece:

The wealthier collector who up to now has been laughing about the naive folks who buy on eBay is in for a surprise, too: those dealers that provide private sales are some of the forgers’ best customers, knowingly or otherwise. In fact, the workshops reserve their “finest” pieces for collectors using the same backdoor channels as before, but now with a much higher profit margin because they are selling fakes. As a former curator myself, I know that an embarrassingly high percentage of objects in our museums are forgeries. What fools the curator also fools the collector.
From the professional’s point of view, there are really three kinds of “antiquities” on eBay. About 30 percent are obvious fakes or tourist art that can be detected by looking at the pictures, even the fuzzy ones. These are easy to pick out because they are not intentional reproductions, but simple pieces manufactured for tourists and sold as such. The creators of these pieces mix up iconography and choose colors and shapes for visual effect. Such objects are clearly not ancient. Another five percent or so are probably real, while the rest are in the ambiguous category of “I would have to hold it in my hand to be able to make an informed decision.” This latter category has grown fast.

This isn’t an isolated problem. Consider the Getty Kouros, the Bolton forgers, and the others we do not yet know about.

One intriguing idea which struck me as I read the piece is how perhaps the demand for antiquities can be appropriately shifted to purchasing modern recreations. Rather than insist on buying an authentic “antiquity” a better model perhaps would be if buyers purchase modern recreations—which might be considered unique works of art in their own right. Many of these forgeries are similar in many respects to the “real” thing. As Stanish argues “I know . . . of one fellow who makes grass-tempered reproductions of a 2,000-year-old pottery style. Having worked on archaeological projects for years, he learned to get the grass for his fakes from ancient middens near his house. If fired properly, and if the organic residue in one of his pots were carbon dated, it would appear to be a very old piece indeed.”

Questions or Comments? Email me at derek.fincham@gmail.com

Fake and Stolen Dalis Seized

From the BBC:

Spanish police say they have confiscated dozens of suspected fake artworks by Salvador Dali that were to be sold in the town of Estepona.  More than 80 pieces were seized, 12 of which might be genuine, but are on Interpol records as having been stolen in Belgium, France and the US.  A fake 10ft (3m) Dali sculpture of an elephant was priced at $1.5m (£1.1m).

Police have arrested a Frenchman who transported the pieces from France for the sale. He was not identified.

The art includes sculptures, lithographs, engravings, cutlery and textile pieces.
Police also uncovered “20 certificates of authenticity” for sculptures attributed to the Spanish artist.  Police said their suspicions were raised because the Frenchman had not sought special security arrangements for the show.  Dali died in 1989, leaving a multi-million dollar estate, the exact value of which is difficult to calculate partly because of the widespread existence of forgeries.

The works were seized from the town of Estepona, a resort town.  Reminding us again, that when you’re on vacation, take extra care when purchasing art. Of the 81 seized works, 12 were thought to have been genuine.  The difficulty, it seems, is with the huge number of Dali works, and purported works.  From the Times

Dalí, who died 20 years ago tomorrow at the age of 84, was said to have flooded the art market with thousands of fakes. He is thought to have signed as many as 35,000 blank sheets of paper to which lithographs could later be applied at any time. Some auction houses will not touch his work
Questions or Comments? Email me at derek.fincham@gmail.com

"Sotheby’s Withdraws Fake Belt Buckle"

From the Art Newspaper (via):

Sotheby’s has withdrawn an important “13th century” belt buckle from its 2 December old master sculpture and works of art sale after questions were raised by The Art Newspaper. The intricately-designed silver and enamel buckle had recently been owned by Paul Ruddock, now chairman of the Victoria and Albert (V&A) Museum.

We were contacted by Claude Blair, retired head of the V&A’s metalwork department, who told us that the buckle is a modern fake. Following our queries, Sotheby’s issued a statement, saying that “due to questions raised since the publication of the catalogue, we—in consultation with the US consignor—have decided to withdraw lot 2 from our sale.” It had an estimate of £20,000-£30,000.

Dr Blair, who left the V&A in 1982, is convinced that the buckle is one of the notorious Marcy fakes, marketed by Louis Marcy in the 1890s. Marcy worked as a dealer in both Paris and London, selling “medieval” metalwork.

The buckle surfaced in the collection of Dacre Kenrick Edwards, whose estate was sold at Christie’s in 1961. It then passed to distinguished New York collector Germain Seligman, who lent it for an exhibition at The Cloisters (Metropolitan Museum, New York) in 1968. The buckle was offered at Sotheby’s in 1995 (estimate £15,000-£20,000), but went unsold. It passed through two specialist dealers in New York and in 2004 was sold to an English collector via the London dealer Sam Fogg.

Though this object was discovered before its sale, how many are not?  The possibility of buying a forgery is one of the enduring consequences of the structure of the art and antiquities trade.

Questions or Comments? Email me at derek.fincham@gmail.com

Archaeology on Trial in Israel

And it is losing.  So notes Nina Burleigh in an Op-Ed in the LA Times:

Prosecutors have been hamstrung. A craftsman based in Cairo’s Khan al Khalili souk told police he made some objects for the collector, but he wasn’t inclined to testify and they cannot compel him to come to Israel. So prosecutors instead called a long list of archaeologists and epigraphers, experts in the minutia of ancient Christian and Jewish artifacts. These men and women, accustomed to working on dusty digs or answering questions from somnambulant students, were no match for nimble, expensive attorneys, among the best in Israel, working for the defense.

One by one, they either contradicted themselves on various scientific technicalities or had their conclusions ripped apart by the defense’s expert witnesses. One veteran Israeli archaeologist, Meyer Ben Dov, was so disheartened by what was happening that he told me “archaeology is on trial” — and it did not appear to be winning.

The case isn’t over, but after the judge’s comments last month, the American publisher Shanks issued a news release calling the James ossuary “vindicated,” a claim religious bloggers have since disseminated worldwide.

Pictured here is the James Ossuary, the most notable object at issue in the trial.   Is it real or a modern forgery?  The Israeli Antiquities Authority thinks it is a fake. 

The difficulty in providing sufficient evidence is a foundational problem with heritage law.  The antiquities trade as it is currently structured is too focused on hiding the history of objects.  Even Lord Colin Renfrew, a passionate campaigner for a reformed antiquities trade noted recently:

I’m much in favour of collecting, so long as it doesn’t involve objects recently taken from the ground. In my opinion all too many collections are scandalous for this very reason. I don’t mind so much people buying antiquities looted a century ago, but not if the items in question entered the market post-1970 when the convention on the illegal trade in antiquities was signed.

Buying and selling established objects may still have violation national patrimony laws though.  Even collecting antiquities which surfaced pre-1970 produces powerful incentives for dealers and buyers to either fabricate a pre-1970 surface date, or even lead to very superficial investigation of an object’s history.  The current legal framework does not guarantee an object’s history is authentic or clean of looting, whether it occurred in 1970 or 1870. 

Burleigh is the author of the recent work “Unholy Business: A True Tale of Faith, Greed and Forgery in The Holy Land.”

Questions or Comments? Email me at derek.fincham@gmail.com

More on the Bolton forgers (UPDATE)

Peter Nahum has an excellent editorial in the Art Newspaper titled “How I was duped by the Bolton forgers“. Nahum, the director of the Leicester Galleries in London details the fraud in 1990

[S]he wished to sell a painting by the Scottish Colourist, Samuel John Peploe, which she had inherited from her grandfather who had owned an art gallery. This was confirmed by a label on the reverse: “The Metcalfe Gallery, 45 Dundas Street, Edinburgh”. She arranged for her husband to bring the painting to the gallery after 6pm and stated that she wanted cash… In the middle of that night I woke up and realised it was almost certainly a fake.

In fact he wasn’t duped, as he cancelled the check quickly and reported the incident to the police. It seems the Greenhalgh’s had built quite a reputation for passing forged art, but it wasn’t until 2006 that the Greenhalgh’s were finally raided. The troubling aspect of this case is the fact that these individuals were suspected art forgers, yet the state of the market is such that legitimate works cannot be distinguished from forgeries sold by known art forgers. The clear indication is that there needs to be a radical shift in the way the art market guarantees authenticity and title. Either a centralized database, or some kind of title insuring mechanism is sorely needed to prevent this kind of fraud.

One wonders how often dealers suspect the dubious nature of a work, but because a forgery may be of such a high quality, they reason that members of the public would not suspect. Nahum’s statement on this is quite telling I think:

The point about the Greenhalgh case … is that what seems to be a rock solid provenance can distract the expert’s eye from careful assessment. Every cloud has a silver lining; although I have sometimes lost money tracking down fakers and reporting them, I have gained another arrow in my street-smart quiver. Never trust a provenance until it can be verified. Trust your eye and instinct, your personal researches and any reliable expert on the subject you can consult.

At a minimum, the relevant law enforcement personnel should have circulated the names of the Greenhalgh’s among the dealing community to prevent further fraud. The understaffed Art and Antiques Unit was slow in responding as well it would seem. Another difficulty is the ambiguity which the term “provenance” encompasses. If courts in the UK had a wider sampling of cases with which to grapple, perhaps a firm conception of the term would emerge, however these cases occur relatively infrequently. As such, we are relying on industry practice to define the boundaries of “good provenance” and that has produced a deeply unsatisfying system.

UPDATE:

Jamie Grace, a friend and researcher at the University of Derby emailed me with some very interesting thoughts on this situation:

The sale of a forgery (and the resale of stolen art in general) would cause difficulties for DACS the agency that attempts to administer the Artist’s Resale Rights Regulation 2006. I support your call for an authenticity database – from my perspective, it could be linked to another mandatory database detailing sales, making the administration of the 2006 Regulations for the benefit of contemporary artists a lot easier.
As for the Art & Antiques Unit, restrictions on a researcher’s ‘right to know’ under the Data Protection Act 1998 and the Freedom of Information Act 2000 means that for ‘operational reasons’ the Unit cannot divulge many details about recovered or stolen works or art (or antiques etc.) – so a curious or suspicious art market professional cannot even go straight to the Unit to check provenance. Allowances are hard to make for the reasons of understaffing when the legal framework itself defeats the aims of sensible dealers.

Jamie knows far more about DACS than I do. From what I understand it is essentially a scheme which takes a small portion of the sale of works of art and distributes it among contemporary artists. I hope to hear more from him on that in the coming months here.

I’ll confess I was unaware of the implications of the Data Protection Act and the Freedom of Information Act, but they only seem to be undercutting the work of the Unit in this case.

Questions or Comments? Email me at derek.fincham@gmail.com

A Cultural Property Registry?

On Thursday Donn Zaretsky at the always-enjoyable art law blog continued his discussion of the fake Gaugin Faun statue. Specifically, he wondered what kind of international registry might have prevented this kind of fraud, and asked me how I would envision a registry. I have a few thoughts on the subject, but they’re still in an early stage.

I had originally intended to put discussions of a potential registry and some concrete reforms of the market which are needed in the thesis. It’s not in there though because I simply ran out of space, and I’ll have to save those ideas for some future work I suppose. I don’t have a definitive answer for how an international registry might be constructed. Ideally an international body such as UNESCO would step forwards and create one, however that is far too ambitious an undertaking for that organization given its current state of funding. The industry itself could choose to regulate itself more closely, but it gains more profit by not revealing information information. In the end, the art market needs a registry like MLB, the NFL and other sports leagues need a test for Human Growth Hormone. But neither is likely to arise soon.

It’s a difficult potential issue because there a number of serious obstacles to creating a registry. The Art Loss Register and other databases exist, but they aren’t the answer to the whole problem. The current market structure earns more money without a registry. Here’s how: if I have a painting and want to sell it I can take it to an auction house. Now I’m a lowly PhD student, and that’s certainly not a lucrative career choice. If someone were to purchase the painting from me directly they would have a great deal of bargaining power if they knew my relative financial position. The painting might be worth $20,000; however the purchaser may realize my financial position and negotiate the deal lower. Auctions take place anonymously and avoid this. In many if not most transactions, we are unaware who the buyer and seller are. For the fake Faun, the consignor was Mrs. Greenhalgh using her maiden name. Had the buyer known she was living in council housing, might they have been less inclined to purchase the object, or even have more cause to doubt its authenticity? I think so certainly.

A good recent article in the Florida Law Review proposes a torrens registration scheme for works of art. Bruce W. Burton, IN SEARCH OF JOHN CONSTABLE’S THE WHITE HORSE: A CASE STUDY IN TORTURED PROVENANCE AND PROPOSAL FOR A TORRENS-LIKE SYSTEM OF TITLE REGISTRATION FOR ARTWORK, 59 Fla. L. Rev. 531 (2007). The introduction lays out the main argument:

At least forty percent of valuable artwork circulating in the marketplace is either forged or misattributed. Apart from this significant problem of art authenticity, the chains of title showing current ownership of many genuine and properly attributed objects are defective. These defects are due to incompleteness of the historical records, innocent error, lapse of time, fraudulent manipulation, or theft. This Article explores the dual complexities of properly establishing a valuable art object’s correct provenance-that is to say, determining both the authenticity as well as the chain of legal ownership of the work. This Article also examines the six principal legal doctrines that human society has designed to resolve competing ownership claims and the significant moral shortcomings of each doctrine. Most significantly, this Article presents a proposal for a much-needed reform in the law of art provenance.
The proposed reform is modeled on the Torrens land-title registration system in effect in Australia, parts of the United Kingdom, and a handful of states in the United States. The reform would offer the following: (1) a legal system for conclusively registering both the ownership and authenticity of any valuable piece of artwork; (2) fundamental fairness to all parties claiming an interest in the artwork; (3) assured financial compensation to any innocent party whose claim to the artwork has been injured or lost by operation of the Torrens-like system; (4) permanent and visible public records of art ownership; and (5) enhanced market stability because of the certitude and transparency afforded to art consumers by such a title registration system.

Burton makes a good case, but it would rely on individual states to implement the system, creating a patchwork of coverage. That would be better than nothing I suppose. In the end buyers of art, and even authenticators get excited by the prospect of rediscovering “lost” art or works which have gone missing. It can happen in legitimate ways as evidenced by the trash-rescue earlier this year. However, such a system leaves open the possibility of forgers, and also creates havoc in the antiquities trade for source nations and sites. The best advantage of a registration system would not necessarily be that it prevents these kinds of fraudulent transactions today, but that it builds up a body of knowledge about an object’s provenance so as to prevent such mistakes in the future. As it stands now, we still aren’t certain how many more forgeries by Greenhalgh may have been sold.

Questions or Comments? Email me at derek.fincham@gmail.com

Forgery Revealed in Chicago


Apologies for the light posting this last week. I’ve been away in Dubai with the wife. I’ll talk about why, and talk a bit about my impressions tomorrow. For now I want to talk about the big story which was revealed while I was away: the forgery by Shaun Greenhalgh, whom I talked about earlier here.

Tyler Cowen first revealed the Paul Gauguin sculpture was a fake after Jim Cuno told the staff of the Art Institute of Chicago was a fake. Donn Zaretsky helpfully collects links to the prominent coverage.

The Art Newspaper has perhaps the best coverage, as it seems it tracked the sculpture to Chicago. Last month the three members of the Greenhalgh family were sentenced over the Amarna Princess. They discovered a Gauguin sculpture had been created by Greenhalgh after talking with Scotland Yard. They then tracked the work to Chicago.

The forged work was consigned to Sotheby’s by “Mrs. Roscoe”, the maiden name of Olive Greenhalgh. It was sold for £20,700. The London dealers Howie and Pillar purchased it, and it was later sold to the Art Institute for $125,000. The purchase was hailed as a success. Martin Bailey asks why nobody questioned the authenticity? The real sculpture has been missing, the forgery was based on a faun sketch dating to 1887. It seems Sotheby’s is expected to reimburse the Art Institute of Chicago. I think this reveals at least two troubling matters.

First, how many more forgeries are out there? How easy is it to trick authenticators? The best in the world looked at this sculpture and were duped. Perhaps they wanted to believe a little too much. Also, when visitors (and even experts) looked at the sculpture did it convey emotion? How much did that have to do with the beauty of the object itself; and how much was related to the idea that this small work was created by a “great” artist, Paul Gauguin?

Second, I think it reveals the continuing need for more provenance information in art and antiquities sales. The answer may be for an international registry which tracks buyers and sellers when objects are bought and sold. Until such a system emerges, the market continues to leave itself open to this kind of embarrassment.

Questions or Comments? Email me at derek.fincham@gmail.com

Evidence of a Flawed Market


BBC News has an overview of the sentencing of a Family of 3 Art forgers from Bolton, UK. Pictured here is the “Amarna Princess” a fake Egyptian statue which the Bolton Council purchased for more than £440,000. A gallery of a number of the forgeries is here.

Shaun Greenhalgh, 47, has been jailed for four years while his 83-year-old mother, Olive, has been given a 12-month suspended sentence for her part in the con. His father, George, 84, is to be sentenced at a later date.

For successful forgers, the trio had an unremarkable lifestyle. Despite having £500,000 in the bank they lived “in abject poverty”, said police. Olive had never even left Bolton.


Much of the reporting of this arrest and sentencing focuses on the criminals themselves. Shaun Greenhalgh, 47, and his 83-year-old Mother and 84-year-old Father. I however agree with David Gill who asked back in October
[W]hat checks were made? Who made them? And who double-checked in the [National Arts Collection Fund and the National Heritage Memorial Fund]?” From what I can gather, the checks were made, but the letters and other fake provenance was fabricated cleverly to appear genuine. In a market where few checks are made, these probably were far more comprehensive than what usually passes for provenance. Of course there is an eagerness to acquire valuable objects which can sometimes cloud judgment. This story echoes the Getty’s purchase of an unprovenanced Greek kouros, which was purchased in 1983. As far as I know it is displayed today as “Greek, 530 B.C. or modern forgery”.

Of course provenance research could alleviate some these problems, but the current state of the antiquities trade relies on limiting information rather than providing a full picture. If a man living with his parents in Council Housing can fool authenticators at the British Museum and auction houses, isn’t it time for more thorough research when objects are bought and sold? I think so. The sad reality is that these fakes came with far better provenance information than many antiquities which are bought and sold today.

Questions or Comments? Email me at derek.fincham@gmail.com

$15.4 Million for a Hidden Rockwell

Norman Rockwell’s “Breaking Home Ties” sold at a Sotheby’s auction yesterday for $15.4 million. The work was rediscovered last March behind a false panel in a home in Sandgate Vermont. Art historians have long noticed discrepancies between the image which appeared on the cover of the Saturday Evening Post, and what was believed to have been the original, on temporary exhibition at the Norman Rockwell Museum in Stockbridge, Massachusetts. It appears that cartoonist Don Trachte Jr. bought the work for $900 in 1960.

It seems that the cartoonist may have forged the work, and hidden the original in his Vermont home to prevent his ex-wife from gaining the work in a messy divorce in 1973. His sons discovered the work last Spring after their father’s death.

Questions or Comments? Email me at derek.fincham@gmail.com