Colette Loll, Art Fraud Insights

One method is being developed at the Global Center for Innovation at the State University of New York at Albany. The school said it had received $2 million in funding from the ARIS Title Insurance Corporation, which specializes in art.

“The i2MStandards initiative offers a systemic approach to fighting the prolific problem of fakes and forgeries in the art market. We have been talking about the problem for a long time, it’s wonderful to participate in a very real solution.”

In the Spring 2013 issue of The Journal of Art Crime, art theorist Thierry Lenain writes on "The question of the Value of Doubles in Autographic Arts".

This essay seeks to analyze the concept of the artistic value of copies, taking into account the comments of Renaissance, Early Modern, and Modern thinkers and artists, from Vasari to Friedlander. The essay is more philosophical/theoretical, rather than criminological, dealing with ideas rather than case studies. In the course of the essay, the reader is introduced to factions who praise skillful copies and others who dismiss any copy, no matter how skillful, out of hand as inherently worthless and bad. This overview shows the extent to which the treatment of the question of the double in painting has varied over time.

"(1) RAISE public and political awareness of the increasing trend in counterfeit art, fakes, forgeries, and intentional misattribution, and the impact on cultural heritage, the art market and historic and scientific knowledge";  (2) ENFORCE, review and, if necessary, adapt existing national laws to be able to fight the above-mentioned crimes effectively;  (3) CALL FOR counterfeit art to be explicitly included in regional and international laws criminalizing other types of counterfeiting or DEVELOP specific regional and international legislation on this subject;  (4) DEVELOP mechanisms and procedures to fight counterfeit art effectively, if necessary by creating working groups and inter-sectorial commissions;  (5) SUPPORT national  law enforcement agencies in preventing and suppressing the above crimes and in allocating adequate resources;  (6) DEVOTE, where possible; additional efforts and resources to tracing assets generated through the above crimes so as to dismantle the criminal networks involved;  (7) ENHANCE the information exchange on the above crimes through INTERPOL channels, and share experiences and best practices among member countries; (8) DEVELOP AND DISSEMINATE a checklist of precautions to be taken by potential customers to prevent them from acquiring fake objects; (9) DEVELOP AND DISSEMINATE a set of principles for professionals to prevent them from becoming invovled in the commerce of fake objects.

Abstract: Adopting an interpretative perspective aiming to shed light on the forger’s point of view – the ideas he has of the art, of its history and of his own practice – implies an initial paradox. By definition, the forger would not attribute his productions to any other but himself without concealing his own artistic subjectivity. This is why only failure on the forger’s part or a discovery of the fake can lead to an understanding of his point of view. Under this condition, two pathways open up to the hermeneutic inquiry. It can first be based on the examination of the works themselves. The stylistic distortions and, more importantly, the way of combining the iconographic borrowings betray the imaginary of the forger, working with the intention of deceiving. Their study most often shows a figurative spirit torn between literal imitation and the paradoxical desire to invent what the imitated artists could have created. But beyond that, the words and writings of the forgers also call for interpretation. Whether it means, for them, to revive the destabilizing power of their practice or, in contrast, to legitimize it, their discourse assumes a “theory” of the history of art that inscribes itself as well in the realm of tension and paradox. We see them, indeed, dismiss the historicist reason while at the same time relying on it. On the one hand, they rely upon an aesthetic of the expressive trace according to which all original work translates the spirit of its author as a historically placed subject. On the other, they like to imagine that the spirit of the imitated masters comes to visit them across time (spiritualism), unless they refer to eternal laws of art (idealism), whose notion leaves no room to the difference between the fake and the authentic.

Dr. Daab: I was surprised that Sakai was prosecuted. White collar crime is rarely prosecuted. I was not surprised how the prosecution was processed. Most art fraud prosecution usually ends up under the wire and mail fraud statutes. Fraud statute violations are difficult to prosecute because of the conditions of intentionality, gain to the fraudster, and loss to the victim usually found as the requirements in the statute. Intentionality is difficult to prove since there are many levels to the processing of the crime. Sifting through all the parties involved takes time and may lead to a total dead end. Prosecuting via the wire and mail fraud statutes is a more efficient method of prosecuting resulting in a higher probability of conviction.

Dr. Daab: I think that selling at sea represents a significant problem for US prosecutorial and probably international agencies since there is an undefined area where the crime takes place, and a difficulty in establishing the conditions for the violation. Lacking this defined area prevents pulling in that prosecutorial agency responsible to charge the alleged criminal, and since consumer protection laws are not operable at sea the conditions supporting the violation are ineffective. Some even argue that the consumers purchasing the art should know better. Supposedly the US policing agencies have cooperative undertakings with foreign governments for crimes at sea, but based on the fact that very few prosecutions have taken place for murder, rape, theft and assaults on board it would be unlikely that any activity will close down the selling of fake art. If the US policing agencies do not go after violent criminals at sea they will certainly not go after art fraudsters.

Dr. Daab: The art market is an unregulated, uncontrolled and non-transparent market. There is more control over selling used cars than art costing millions of dollars. While there are some organizations like Fine Art Registry focused on vetting fakes, most art is turned over with the assumption that it is genuine. Scholarly investigations have found that art found in some prestigious museums is only 60% authentic. Given that 40% of museum art is of questionable authenticity and surrounded by the foremost art historians and curators, it would be difficult to argue that the art market selling the works of collectible artists lacking this pedigree would hold works of a higher probability of authenticity. I would argue that buyers of art have no safety net in the present art market except to assume that there is a 40% chance that the collectible art one is considering is bogus, and as such maybe one should just walk away from the purchase.

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