What are the elements of the crime of fraud?
For there to be an art fraud investigation or prosecution proceeding there must be three elements that are needed to be present. There needs to be a level of deception from the defendant that shows a proof of deception. In the case of art fraud, the deception used by O’Loughlin was that he falsely attributed paintings to Clifford Possum, who had not painted them, showing the paintings were not authentic. The second element, requires there to be harm suffered by the victim from the deception. By O'Loughlin selling those paintings, there would have been a direct monetary loss for the buyer who had paid for a work that was thought to be by Clifford Possum. The third element, needs to show there is a level of intent and dishonesty, such that the defendant intentionally claimed the object was authentic when it was not. It was suggested O’Loughlin made the deception dishonestly, he knew the paintings were not produced by Clifford Possum. (Chappell & Polk 2008)
Why are so few cases of art fraud prosecuted in Australia?
There have only been 5 known cases of art fraud processed by the Australian court since 1977 to present. One reason for such low art fraud cases could be, difficulty of proving a case, which requires various elements to have proof, before a case can even be processed by the courts. One of the
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It illuminates the object with ultraviolet, which makes the object fluoresce out a longer wavelength of light, which can be used in the determining the pigments, and assist in the authentication of the object. Such a technique was used in the analysis of a of painting, ‘Village Scene with Horse and Honn & Company Factory’, that was suspected to be a forgery of the original (Smith et al. n.d). Ultraviolet fluorescence like chemical analysis also can be destructive, as a sample of the object is usually
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
In recent years, it seems as if there is a new financial fraud being reported any given day. One could even say that fraud has become almost a much a surety as taxes. Given the opportunities and pressures, many will businesses will fall victim to human natures and suffer losses through fraudulent activities. This case study will follow one such fraud, following the crimes of Terry Scott Welch in his pursuit for happiness by indulging his passion of landscaping.
Around 1902, when luminol was first synthesized, scientists noticed that it exhibited a blue glow in the presence of other compounds. Later on, it was found that the luminol reaction occurred in the presence of blood. Its use in crime scenes was first implemented by German forensic scientist Walter Specht in 1937. When the luminol solution is sprayed, the iron present in hemoglobin in blood catalyzes the reaction to produce a blue glow. This is used because in certain situations, there may be too little blood present at a crime scene to be able to be seen. It can also help when a suspect had attempted to “clean up” the blood after committing the crime. In these cases, luminol can be used to see any evidence of blood that cannot be seen with the naked eye. The glow from the reaction only lasts for about thirty seconds and requires dark conditions to be able to see, but investigators are able to document it in
In the case of Steinkamp vs Hoffman, a collector in New York, Roderick Steinkamp sued Hoffman gallery for missing paperwork related to a Sol LeWitt drawing, Wall Drawing #448, on May 22,2012. The Suit, which seeks $350,000, claims that without the certificate of authenticity, the artwork is unsalable and thereby worthless (Cohen). Steinkamp owned Wall Drawing #448 via signed contract with the gallery in which the gallery agreed to be liable for all “loss, damage or deterioration” (Cohen). However, when the gallery claimed that they lost the certificate, their insurance company refused to pay for the document’s “mysterious disappearance,” which consequently lead to the lawsuit.
Art for Art's Sake: Its Fallacy and Viciousness. The Art World, Vol.2. May 1917. 98-102
To argue that this form of art is 'bad' art, one must have a reference
Proving criminality may be challenging because defendants may present a number of defenses. For example, defendants can assert that they were unaware that the information received was nonpublic. Additionally, defendants can argue that they did not know their trade was illegal and they may even deny having any knowledge or possession of the material information. Based on the aforementioned examples, a defendant could claim that their trade was merely a routine business transaction (Committee on the Judiciary United States Senate,
In this article, David Grann examines the work of Peter Paul Biro in an art authentication in a delightful heading “The Mark of a Masterpiece” (Grann 1). Notably, Biro had a claim that he has innovatively designed a camera that is above any available camera. This brings to the understanding that this character is using his own professionalism and ideas to achieve what he wants to. As a fact, he scooped a dozen of fortune, including DARPA, NASA, several universities, and R. and D fortune from numerous departments of about five hundred technology companies all of which are from his own effort. Therefore, we can speculate that Grann was a genius who used the same gift towards his success. Moreover, at his thirty years, he smartly developed a suitable computer science that would process high definitive data. In fact, he had mastery of both DNA analysis, and fingerprint forensics alongside a comprehensive understanding of both art conservation and art history (Grann 2). With his professionalism, Grann contributed in the world of art. He once said everyone would only seek to see what he or she wants to see from portraits or painting; a view that is shared by other authors. Therefore, conclusively we can say that Biro’s ideology as described by the author; as a single genius compounds his human idiosyncrasy that is within his awareness and exploitation ability that is characteristic of the elites of the world of art. The artistic works are compounded in individual’s professionalism and understanding, which also determines their understanding and interpretation of such work and this, has been controversially demonstrated by different authors and moviemakers as they address same school.
Art is one of man kinds most beautiful creations. Art is a great way to express yourself to other people. But, Thieves always are trying to steal someone of artist most popular artworks. The Most Known and popular art heist is Rembrandt's Christ in the Storm on the Sea of Galilee and 12 other artworks. The stolen artworks are valued at $500 Million, making it the most largest artwork theft in American History.Its been gone for several years and has not been found by the authorities since it was missing in March 1990 from the Isabella Stewart Gardner Museum. There are many challenges that authorities face when trying to locate missing and stolen works of art and documents. Authorities today are intrigued by some paint chips received in 1997
enough for it to be classed as art? To understand this we have to look
Unlike any other markets, the art market is extremely diverse and opaque. In most cases, buyers tend to hide themselves behind the curtains (especially during important auction events or art fairs), which make it hard to get access to the accurate information (art pieces ownerships, collection ownerships and price history). As a result, the more information you have from the inside market, the more chances you gain art bus...
Internet auction fraud is the use of the internet for an online transaction between a buyer and a seller to use deceptive means to defraud the buyer which includes failure to deliver merchandise, intentionally delivering defective merchandise, or delivering merchandise that was promised or purchased of lesser quality than mentioned. Auction fraud can happen on places such as Ebay, where the potential auction fraud is high. Especially for sellers over-seas. I have even been a victim of auction fraud. If one is not careful and is able to research who they are buying from to confirm they are a legitimate seller, then they are subjecting themselves to fraud. Some of the things, such as Ebay, has in process is a strong investigative team to investigate any cases of fraud reported, though it takes time. Other things in place are disclaimers warning people of fraud and what to do if they find themselves in a fraudulent situation.
The FBI has also made the National Stolen Art File, an online database for art that was reported stolen, as well as cultural properties for agencies to be have handy for use. In Los Angeles, the Art Theft Team that works there created a specific crime unit called the Art Theft Detail. In this designated area, only fine art was looked into if it was the subject of a robbery. The two detectives who work on the case will “target suspects preying upon artists, art dealers, and collectors” (“About the Art Theft Detail”). The Los Angeles Art Theft Team also provides a section on their website where you can determine whether a piece of art is fake, or authentic. Interpol also has their hand in dealing with the art theft world. Since acknowledging the importance of their role in inquiring about shady trade deals, they encourage other professions in the similar field, like the dealers
As a conclusion,there were many silent victims of the internet auction fraud cases that did not report the crimes to the authorities.Even with the skyrocketing reports of the fraud cases,many people still had the gut to participate in the online auctions once again when 80% of the past victims still participated in other online auctions after being deceived once.Thus,the situation between the crime being reported and unreported was just the same because people still just ignored the effects of the fraud and participated back in the auctions even though being deceived multiple times.
It is the technique that uses visible light as a source of illumination to view small objects which are in finer detail than the ability of naked eye.