Noah Charney: How frequently do you suspect that fraud takes place in the world of high-priced wines? 

Stuart George: Leaving aside the 1787 Lafite mentioned above in "The Billionaire's Vinegar), I have never knowingly seen a “genuine fake” bottle of fine wine. Nonetheless, merchants’ and auctioneers’ outrage at fake wine is like Claude Rains’ shock at learning that there was gambling at Rick’s place in Casablanca. Anything that is valuable is in danger of being faked. 

More attention is being paid to preventing fraudulent wine than ever before, which suggests that as the Hong Kong/China market has gone supernova, the amount of fakes and forgeries being sold has increased significantly.According to some sources, fake wines flow in and out of Hong Kong like the cheap and illegal Irish reprints of books that allegedly flooded the British market in the eighteenth century. I was told that China’s government officially deplores the country’s inexorable production of fakes but in practice turns a blind eye.

[Eugenio D.] Leo, 30, pleaded guilty to one count of wire fraud and faces five years in prison and a fine of up to $250,000 or twice the loss to the victims.  [Jody L.] Meyer, 46, pleaded guilty to one count of mail fraud and faces a five-year term of probation and a fine of up to $250,000 or twice the loss to the victims.  Both Leo and Meyer, who now reside in Harwood Heights, Illinois, will remain on bond pending sentencing, which is set for June 20, 2012 before Judge Kinkeade [Northern District of Texas].

These loans would be secured by pieces of artwork worth significantly more than the loan value.

This handsome edition by “Le Monde” journalist, Nathaniel Hertzberg, begins provocatively: 

“It’s the largest and richest museum in the world— works by Picasso, Renoir, Rembrandt, Monet, Matisse, Warhol, the great Italian Primitives, a whole range of Flemish masters with Vermeer at the top of the list. Also works of sculpture, furniture, rare books, musical instruments, precious timepieces. No period or important artist is unrepresented in this unique establishment, Le Musée Invisible—the greatest museum in the world, but no one can see it. Its collections, stolen over the course of centuries, pillaged from historic sites, taken from museums, churches, chateaux and private collectors, and never recovered.” 

In homage to these missing works, Herzberg has created this imaginary museum. As a backdrop to the works he has chosen for the collection, he paints the strangely diverse world of criminals responsible for the thefts, but especially a world where to steal a work of art is easier than to resell it. 

The above Introduction is actually preceded by an explanation of why a new edition was necessary so soon after the first appeared. As Herzberg explains, “...the May 2010 thefts of five masterpieces from the Paris Musée d’Art Moderne, the most important theft of a French museum in the past quarter century had occurred, and the book made no mention of it.” 

To no one’s surprise, there were other major thefts during the interval between the first and second editions: a Breughel stolen from an art fair in Brussels, an anonymous portrait from a Polish church, a Degas pastel from the Musée Cantini in Marseilles, an anonymous sculpture from a Venezuela museum, a lavishly decorated marble plaque from a Teheran mosque, and an antique statue stolen from a private collection in Copenhagen. In 2009 alone, 1751 works of art were reported stolen in France.

The public follows, with growing and increasingly alarmed attention, news on the destruction of historic sites because of speculation, pollution and even war. In contrast, little consideration is given to the rather serious state of danger in which the world’s archaeological heritage remains as a result of being the target of increasingly frequent episodes of looting at illegal excavations. 

In recent decades these depredations, due to the smuggling of archaeological material on the international arts market, have taken on such a scale that not even the specialists in this sector can assess the value of the losses with confidence. 

What is certain, however, is that the archaeological heritage of many regions of the world is constantly the subject of illegal activities involving not only the physical destruction of looted artifacts, but also the resulting loss of the rich heritage of historical information contained in those archaeological sites, destroyed by the violent action of the excavations themselves. 

The regions most severely affected by this phenomenon are in Central and South America, Italy, the Middle East, China and Turkey, while countries such as Germany, Switzerland and Austria increasingly report on looting at archaeological sites.

It is a share experience that in the art market some publicized and well-targeted penal procedures versus art dealers, auction houses, museum curators and/or others involved in this trade have strong deterrent effects. This happens mostly because of the people interested in and of their high status. And the intensification of investigations in the national and international field, which will very likely lead to the limiting of illegal purchases, especially with reference to those known as the “major purchasers” will be carefully assessed by the professionals who will reduce their demands in proportion to the investigative capacity of the public institutions. 

In this respect, one should recall the Italy’s recent initiatives through the criminal law -considered sometimes as primary tool in the protection of the Italian cultural heritage- which have had an impact on the markets, especially abroad (for instance, these initiatives triggered an ample process of return by U.S. museums, and nowadays Italian cultural items of uncertain provenance are less attractive objects of exchange). 

However, it now behooves me to underline that the adequacy of a given judicial space appears to be of vital importance not only for the cultural heritage of a single nation, but also for all the other countries, -at least- of the same cultural area. It is a known fact that the criminals acting in this sector take advantage of the weak links in the various systems, exporting and even using for the various systems of triangular trading the legal systems most permeable to illegal trafficking. And then from them, sending the cultural objects also to those countries where protection is effective and congruous. In fact, this process of laundering antiquities is highly facilitated by jurisdictions without any or insufficient regulation of the antiquities market, or by failure to enforce the existing legislation.

On July 20, 2010, on the eve of trial, the case of United States v. Portrait of Wally, which our firm litigated for more than ten years, was finally resolved by stipulation and order. The U.S. Attorney in Manhattan commenced the case in the fall of 1999 by seizing the painting, “Portrait of Wally” by Egon Schiele (Wally), while it was on loan for exhibition at the Museum of Modern Art in New York. The case has been credited with awakening governments around the world, as well as museums, collectors, and others in the global art community, to the problem of Nazi-looted art almost seventy years after the beginning of the Nazi era in Europe. Although this case will surely be commented on and analyzed for many years to come – including in a documentary film due to be released in the spring – as the attorneys for the claimant in the case, we thought it would be helpful to provide some thoughts from our unique vantage point.