Counterfeit Art Sales Prosecutions
Counterfeit art sales involve the creation, sale, or distribution of forged or misrepresented artworks. U.S. law prosecutes such activities under:
18 U.S.C. § 2314 – National Stolen Property Act: Criminalizes transportation of stolen or counterfeit goods valued over $5,000 across state lines.
18 U.S.C. § 1341 – Mail Fraud: Used when counterfeit art is sold via mail or online platforms.
18 U.S.C. § 1343 – Wire Fraud: Applied when transactions occur electronically.
Trademark and Copyright Laws: Protect original artist marks and designs.
Penalties often include imprisonment, fines, and restitution to victims.
Case 1: Knoedler Gallery / Fake Rothko Paintings (2011–2013)
Summary: The Knoedler Gallery in New York sold dozens of paintings purportedly by Mark Rothko, which were later proven to be forgeries. The gallery received millions from collectors.
Charges: Civil fraud; while no criminal charges were filed against gallery executives, civil lawsuits focused on fraudulent sales and misrepresentation.
Outcome: Settled multiple civil cases for tens of millions of dollars; gallery eventually closed in 2011.
Significance: Set a precedent for holding galleries accountable for selling counterfeit art without proper verification.
Case 2: Wolfgang Beltracchi / European Forged Art Scandal (2011)
Summary: German artist Wolfgang Beltracchi created forgeries of early 20th-century European artists and sold them through U.S. and European galleries. Many works were transported across U.S. borders.
Charges: Fraud, wire fraud, and NSPA violations for moving forged art across state and international borders.
Outcome: Beltracchi pleaded guilty in Germany; U.S. victims filed civil claims and recovered some losses.
Significance: Showed how international art fraud networks affect U.S. collectors and require cross-border enforcement.
Case 3: John Myatt and John Drewe Art Forgery Case (1995)
Summary: John Myatt, a British artist, forged paintings of famous modern artists, while John Drewe manipulated provenance documents to sell them to U.S. collectors and galleries.
Charges: Wire fraud, mail fraud, and misrepresentation of artwork.
Outcome: Drewe received 6 years in prison, Myatt 1 year; U.S. buyers recovered some funds through civil claims.
Significance: Demonstrated that forging both artwork and its documentation can constitute federal fraud in U.S. transactions.
Case 4: Robert Scull / Jackson Pollock Forgery Dispute (2007)
Summary: A dispute arose when a Jackson Pollock painting, sold by a U.S. gallery, was claimed to be a counterfeit. Investigations revealed issues with provenance and misattributed authenticity.
Charges: Civil fraud and misrepresentation; criminal charges were considered but not filed.
Outcome: Settlement included partial restitution to the buyer; reinforced the need for provenance verification in high-value art sales.
Significance: Emphasized the importance of expert authentication and liability of galleries in counterfeit disputes.
Case 5: Mark Landis / Charity Art Forgeries (2008–2010)
Summary: Mark Landis donated forged artworks to over 50 U.S. museums over two decades, pretending to be famous artists. While he didn’t sell them, the forgery misrepresented art authenticity.
Charges: Civil fraud claims, but criminal prosecution was limited because no money changed hands.
Outcome: Landis was prosecuted under civil law and barred from further donations; case led to museums strengthening verification protocols.
Significance: Highlighted that even non-commercial forgeries can have legal and institutional consequences.
Case 6: Knoedler Gallery / “Fake de Koonings” (2012)
Summary: The gallery sold forged Willem de Kooning paintings to wealthy U.S. collectors. Forgeries were later discovered to be the work of a single forger.
Charges: Civil fraud and misrepresentation; federal authorities investigated potential mail and wire fraud violations.
Outcome: Settlements totaled over $60 million, one of the largest in U.S. art forgery history.
Significance: Demonstrated the scale of commercial liability in high-value counterfeit art sales.
Key Takeaways from Counterfeit Art Prosecutions in the USA
Fraud Focused: Most prosecutions rely on fraud statutes rather than purely art-specific laws.
Civil and Criminal Enforcement: Civil claims often dominate, but criminal charges apply when interstate or international sales are involved.
Provenance Verification is Critical: Galleries and collectors are liable if they fail to verify authenticity.
Cross-Border Impact: Many major cases involve international networks of forgers and dealers.
High Financial Stakes: Settlements and fines often reach millions, showing the seriousness of art fraud in the U.S.
RELATED Blog
0 comments