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Showing posts with label art fraud. Show all posts
Showing posts with label art fraud. Show all posts

Friday, September 6, 2024

David John Voss sentenced for 5 years for the major art fraud case exploiting the famous Canadian Indigenous artist Norval Morrisseau

David John Voss, 52, has been sentenced to five years in prison following his guilty plea to charges of forgery and uttering forged documents. The case, which is being described as Canada's largest art fraud investigation, involved a vast scheme to create and sell counterfeit artworks falsely attributed to the late Anishinaabe artist Norval Morrisseau.

The sentencing took place on Thursday, with Superior Court Justice Bonnie Warkentin emphasizing the profound damage inflicted on Morrisseau's legacy. The judge noted that the fraudulent activities not only aimed for economic gain but also irrevocably tarnished Morrisseau's cultural and spiritual contributions.

Image of Norval Morrisseau
Norval Morrisseau, an influential figure in Canadian art, was born in 1932 and hailed from the Ojibway Bingwi Neyaashi Anishinaabek First Nation in northwestern Ontario. He is renowned for founding the Woodlands School of Art, a movement known for its vibrant and spiritual depictions of Indigenous life. Morrisseau's distinctive style features bold colors and intricate symbols rooted in Anishinaabe traditions and mythology. His work earned significant acclaim, with exhibitions held at major galleries across Canada, including Rideau Hall in Ottawa, and his pieces are celebrated for their deep cultural significance.

Morrisseau passed away in 2007 at the age of 75. His contributions to art and Indigenous culture have been recognized widely, cementing his status as one of Canada’s most revered artists. According to court proceedings, Voss orchestrated an elaborate fraud ring from 1996 to 2019. The operation involved an assembly-line process where Voss and his associates created thousands of fake Morrisseau paintings. Painters followed a 'paint by numbers' system to replicate the artist's style.
This evidence photo released by the Ontario Provincial Police in Canada shows a forgery of artwork by legendary Canadian Indigenous artist Norval Morrisseau. Photo by HANDOUT / Ontario Provincial Police /AFP via Getty Images

In March 2023, eight individuals were charged in connection with the fraud ring. Gary Lamont, considered the ringleader, was sentenced to five years in prison in December 2023. Other defendants include Diane Marie Champagne, Linda Joy Tkachyk, and Benjamin Paul Morrisseau from Thunder Bay, as well as Jeffrey Gordon Cowan, James White, and David P. Bremner from other locations. Charges against Champagne were withdrawn during Thursday’s proceedings.

A piece of Indigenous artwork on a table. One of more than 1,000 paintings seized by Ontario Provincial Police in connection with an art fraud investigation involving fake paintings attributed to Norval Morrisseau. (Ontario Provincial Police)

The fraud's impact on Morrisseau's estate has been severe, with Cory Dingle, the executive director, revealing that the estate faces estimated losses of at least $100 million. Dingle called for restitution and proposed legal reforms to prevent future occurrences. He also urged for continued assistance from those involved in identifying the fake artworks.

While the Crown did not pursue restitution due to the complexities involved, Dingle emphasized the need for changes to Canadian law to better address and remedy such frauds. This case highlights the broader implications of art fraud on cultural heritage and the challenges faced in combating such crimes.

- J.Larson

Monday, April 29, 2024

Want to Commit Art Fraud? An Expert Shares 5 Strategies

The art world has become inundated with tales of fakes, frauds, and unscrupulous behavior. Here is how cons are orchestrated.

by Richard Polsky March 14, 2024

Over the last few years, the art world has become inundated with tales of fakes, frauds, and unscrupulous behavior. Starting with the Knoedler scandal, and continuing with the Orlando Museum of Art debacle, a pattern of deceit has emerged. Since the art market is unregulated, it continues to attract individuals who don’t play by the rules—because, basically, there are none. Vigilance and common sense are the keys to staying out of trouble.

The remarkable thing about art fraud is that it can literally happen to anyone. As an art authenticator, I spend my days examining random works by Keith Haring, Jean-Michel Basquiat, and Andy Warhol, and I continue to be amazed by the forged images and fabricated provenances that I see. Over time, I’ve witnessed reoccurring scams, allowing me to compile a list of ways to commit art fraud—if you really want to. Obviously, getting away with it is easier said than done. But the following five examples bear watching, lest you get taken in by the deceptions that lie below the surface.
Digital collage by Elvin Tavarez for artnet


1. If at First You Can’t Sell a Fake, Try, Try Again Of the seven artists I authenticate, Jackson Pollock is the most complicated. One of the reasons why is because his forgeries often come from highly improbable sources that are impossible to trace. Just during the last two years alone, I’ve learned of an alleged major “drip” painting that was discovered in Bulgaria (of all places) and another that supposedly belonged to Fidel Castro (of all people). Needless to say, neither one of these paintings turned out to be authentic.

What’s really troubling is the surprising number of “Pollock” canvases which I’ve examined, and deemed inauthentic, that then repeatedly pop up on the market like a game of Whac-A-Mole. Usually, there’s a six-month lag until the same picture shows up again. When it does reemerge, it often winds up on eBay. The seller offers platitudes about its glorious history, its extraordinary investment potential, and their rigorous vetting of the piece. Unfortunately, they conveniently leave out the “minor detail” that it was previously rejected as a fake.

An act of fraud is only committed when you sell a counterfeit painting. Up until then, you can do whatever you want with a fake picture. But if you know it’s fake beforehand, and money changes hands, then you’ve crossed over into felonious territory. The owners of these bogus Jackson Pollocks all know the truth about what they’re selling, which means they’re 100 percent liable. Proving their chicanery is the tough part. Far better to avoid getting entangled in these recycled purchases.


2. Sell a Painting Allegedly Found in a Storage Locker Dealing with a “made-up” provenance is an occupational hazard for an art authenticator. Some of the backstories that accompany fake Jean-Michel Basquiats are outrageous. I often hear about paintings and drawings that were part of a trade between the original owner and Jean-Michel for drugs. Inevitably, no one can produce the name of the drug dealer. Or I’m told that the pusher died years ago. This makes it impossible to verify the story—which is exactly what the owner wants. It’s probably true that early in Basquiat’s career he occasionally swapped his art for narcotics. But good luck proving that a particular work can be traced to a specific individual.

A more common strategy for a con artist is to claim that a painting was found in an abandoned storage locker. Everyone has heard of storage lockers whose contents were sold for non-payment. There are professional pickers who cobble together a living buying and selling recovered items from these containers. On rare occasion they score a valuable find; perhaps a piece of antique furniture or a motorcycle. However, I’ve never heard of a painting by a major artist turning up this way. It simply doesn’t work like that. Anyone who collects art is aware of how valuable Basquiat’s work has become. If you were fortunate enough to own one of his canvases, you would never keep it in a storage unit.


3. Sell an Overly Restored Work as an Original Everyone is familiar with the notorious Salvator Mundi painting. To this day, no one has been able to figure out whether it was painted by Leonardo da Vinci, by his assistants (with an assist from the master), or by a completely different artist. The point is that Christie’s sold it as a Leonardo—and obviously the buyer believed this attribution. But what happens if, at a later date, someone uncovers irrefutable evidence that it’s not a Leonardo? Was fraud then committed? The answer is “no,” as long as Christie’s was fully convinced that it was real (and could provide strong evidence to back up its opinion).

This leads to another question: At what point does a work of art cross over from being executed by a specific artist, to being altered so heavily that it’s no longer his work? For example, I knew of a Joseph Cornell box where the wooden shell was fabricated by Cornell, a few of the interior objects were selected by him, and the verso of the box bore Cornell’s signature. Yet, this was clearly an unfinished assemblage. From what I understood, the piece was later restored by someone knowledgeable in Cornell’s work. But the conservator clearly got carried away; the box now contained an overabundance of ephemeral objects and came off as too slick. If you’re going to commit art fraud by completing an unfinished work, make sure you exercise restraint.

The recent story about A.I. being used to complete one of Keith Haring’s last paintings is an example of a painting (which in my opinion) could no longer be considered a Haring for two reasons. One, the validity of an A.I.-generated work has not been established. And two, authentication always comes down to the artist’s intent. Keith Haring’s intention was to leave the painting in its incomplete state—it was meant as a comment on the AIDS epidemic.


4. Whitewash a Painting Speaking of the Salvator Mundi, one of the more provocative stories to emerge from the controversy was the owner’s blatant attempt to validate his acquisition. The owner, said to be Mohammed bin Salman, the de facto ruler of Saudi Arabia, approached the Louvre with an offer to lend his painting. At first, the Louvre’s curators proffered interest. If nothing else, it would have led to a surge in admissions. But the deal fell apart once MBS’s representatives demanded the painting be hung directly across from the Mona Lisa. The unambiguous message would have been that the Salvator Mundi is a Leonardo masterpiece just like the Mona Lisa.

This sort of thing has been going on for years. The quickest way to confer authenticity on a painting is “guilt by association.” If you own a picture where all signs point to it being genuine—but you can’t prove it—your best approach is to find a way to align it with an institution. It doesn’t have to be MoMA or the Met (though that would be good); any legitimate public or university museum will do. By hanging your painting, the institution is conferring authenticity. This is how the Orlando Museum of Art got into trouble with its show of questionable Basquiats. Bear in mind this is not committing fraud. It’s only fraud if the lender and/or the institution have suspicions about a painting’s validity (and the owner’s intention to sell it).


5. When It Comes to Documentation, Less Is More Scammers go out of their way to create elaborate paperwork. Their logic is that the greater the paperwork, the more likely the painting will pass muster as authentic. Wrong. All this does is create obfuscation. Over time, I’ve been privy to some impressive paperwork, including documents that include so many gold seals and elaborate rubber stamps that they become works of art in their own right.

If you want to commit fraud, one way to do so is by forging an art authentication committee certificate. In recent years, this has become a growth industry. The Andy Warhol market is rife with fake certificates of authenticity from the now-defunct Andy Warhol Art Authentication Board. There have also been a blizzard of fake Keith Haring and Jean-Michel Basquiat certificates of authenticity, complete with counterfeit Julia Gruen and Gerard Basquiat signatures, respectively.

The trick for a con man is to master the subtleties and nuances of these certificates—which, so, far no one has been able to do. Forgers repeatedly make the same mistakes. They would be well-advised to watch Frank Abagnale, the slippery character played by Leonardo DiCaprio in the movie Catch Me If You Can and learn how to get it right.

https://news.artnet.com/art-world/want-to-commit-art-fraud-an-expert-shares-5-strategies-2428909

Thursday, December 14, 2023

Fraud experts, Norval Morrisseau estate say long journey to weed out fakes remains - Art fraud ring members sentenced to 5 years on fraud charges

Gary Lamont parties with distributor Ugo Matulic

One of eight people charged in what Ontario Provincial Police say is the largest art fraud investigation in Canadian history has been sentenced to five years incarceration, with credit for one year of time already served.

Gary Lamont pleaded guilty on Dec. 4 to a charge of making false documents, mainly artwork, that was attributed to Morrisseau and a count of defrauding the public in an amount exceeding $5,000.

Lamont oversaw the production and distribution of hundreds of forged artworks falsely attributed to Morrisseau starting in 2002, according to the agreed statement of facts submitted to the courts. According to the statement of facts, 190 "Lamont Ring Forgeries" have been identified to date, with 117 of them seized by investigators.

"To have one of the key figures that we've been interested in admit to his guilt in terms of creating fake Morrisseaus, that's a huge step forward," said Jonathan Sommer, a lawyer who specializes in art forgery.

Sommer represented Barenaked Ladies keyboardist Kevin Hearn in a lawsuit against a Toronto art dealer for allegedly selling him a fake Morrisseau painting. The Ontario Court of Appeal sided with Hearn and awarded him $60,000 in damages. It used to be very difficult to convince police and courts to take art fraud seriously, said Sommer.

"They treat it almost like an amusing spectacle, you know, a tale of charming rogues that defraud people who have more money than they know what to do with," he said. "There's a lot of really ugly criminality that's connected with this art fraud, Sommer said." Sommer estimates there are significantly more fraudulent works in circulation than genuine Morrisseau paintings. "It severely muddied his legacy," he said. "They undermine the relationship between viewers of the art and who Morrisseau really was."

Police laid more than 40 charges against eight people this past March after a years-long investigation into the forgery of the famous Anishinaabe artist's work. The investigation led to the seizure of more than 1,000 pieces of forged Morrisseau artwork

"There is likely at least another 5,000 fraudulent artworks out there, " said Cory Dingle, executive director of Norval Morrisseau's estate. "The real battle hasn't even started." Morrisseau's estate faces an expensive and fraught task — finding, investigating and denouncing the thousands of fake works to preserve Morrisseau's authentic legacy.

Norval Morrisseau as artist-in-residence in the Thomson Shack at the McMichael Gallery in Kleinberg, Ont., on July 11, 1979. (Ian Samson/McMichael Canadian Art Collection Archives) The sheer volume of fakes to identify combined with the difficulty of legally proving them as inauthentic is an undue burden for the estate to bear, said Dingle.

"Canada really needs to have a federal arts-fraud division, because truly we are talking about our culture and our heritage that is being defrauded," he said. Some other countries allow police to work with artist's estates to identify and destroy fake paintings, said Dingle. "That's how they clean up their market. Right now, Canada has no mechanism such as that."

Diane Marie Champagne, Benjamin Paul Morrisseau, Linda Joy Tkachyk and David John Voss will be in court in Thunder Bay. Also charged are Jeffrey Gordon Cowan of Niagara-on-the-Lake, James (Jim) White of Essa Township and David P. Bremner of Locust Hill. They will be appearing in Barrie for pre-trial.

A legacy diminished, but not destroyed
As the founder of Woodlands style art, Morrisseau's influence is so pervasive that the impact of the fraud reverberates throughout the Indigenous art scene, said art gallery owner Sophia Lebessis, who is Inuk.

"You're filled with rage and disappointment on a cultural level because it's like, here's another aspect of our lives that are just taken over and destroyed," said Lebessis, who owns Transformation Fine Art, a Calgary-based gallery of Inuit and First Nations art.

While fraudsters have damaged Morrisseau's legacy, Lebessis said they can't take away the positive impact his art has on the people who view it.

"What these criminals are not going to take away from us is that magical moment when you're walking into a gallery or you're walking into a museum and you're seeing a Morrisseau for your very first time," said Lebessis,

"That feeling that you felt, and all of a sudden your worldview changes, of Indigenous culture and Indigenous people. All of a sudden you're connected to this master artist who you might never have met."

Michelle Allan · CBC News https://www.cbc.ca/news/canada/thunder-bay/norval-morrisseau-art-fraud-sentencing-1.7059535