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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requirements of an art fraud case is for there to be proof of deception. To prove an object is deceptive, lengthy analysis needs to performed. Therefore the number of cases that get picked up are dependent on the quality of the analysis. It can also be due to the lack of enthusiasm about art fraud by the police and courts of Australia. Which may be outside of their training and competence, therefore they treat it less like a crime. Another reason could be, victims are reluctant to report art fraud, as they are afraid the value of their art object will be hindered in the process. What are the relative merits of the different methods discussed in the lecture and what kinds of information can they provide? There are two types of scientific methods used in analysis of materials, non destructive, and destructive. The non invasive methods include infrared spectroscopy, raman spectroscopy (visible light), and X-ray diffraction. The spectroscopy methods give information on the pigments of the object.Whereas X-ray diffraction provides information relating to the crystal structure of the crystalline materials. Therefore it is limited to objects that are not amorphous. Furthermore, raman spectroscopy is more applicable in analysis of materials than infrared spectroscopy and X-ray diffraction, due to its portability as it operates on the visible spectrum. The invasive methods includes fluorescence spectroscopy. This method illuminates the object with a shorter wavelength light like ultraviolet, which will fluoresce a longer wavelength of light. This can give information on the certain pigments that fluoresce. However this method usually requires a little sample of the object to do the analysis on. Can you find other examples of the investigation of the authenticity of an artwork, other than those covered in lectures, where scientific methods were central to understanding the provenance of the work? Part of the scientific investigations into the Getty Kouros included “determination of the nature and possible origin of the chemical, mineralogical and physical alterations observable on the surface of the kouros” (Preusser 1996). There was a complex microstructure that was revealed in the alteration layer through scanning electron microscopy. The complexities of this alteration layer in the kouros were not able to be reproduced, suggesting the alteration might have occurred naturally over the centuries. Furthermore, the study of the provenance of ancient Asian daggers involved the use multiple scientific methods. The hardness of the blades was measured through an Instron Wolpert DynaTestor 10. The results revealed a hardness much higher than expected, in fact it was equivalent to that of modern steel. This eliminated the hardness of such daggers being attributed to a quenching and tempering process. Instead, it was stated this was achieved mostly through mechanically forging itself. (Nečemer et al. 2013) Explain some of the key differences between civil and criminal cases in art fraud. Criminal cases in art fraud are decided upon the standard of proof of beyond reasonable doubt, whereas civil cases are decided on the balance of probabilities. In criminal cases the victim is the state, and the main initiator of the case. Whereas in civil cases there is more control given to the victim of the art fraud and therefore more likely to be the initiator. The outcome in criminal cases is based upon establishing guilt and elements of fraud, which result in conviction. In contrast, civil cases usually get resolved through compensation or restrictions put upon the defendant. The purpose of criminal cases is not only to punish the criminal, but also to deter future crimes and rehabilitate the criminal. Civil proceedings aim to protect the victims from future fraud and compensate them for suffering or harm. What is the damage caused by false documents? False documents can both have long term damage and short term damage. The short term damage could include monetary loss on part of the owner. It can also have an affect the reputation of a public figure, person or large community that can also extend to long term harm. The extent of damage is dependent on the value or popularity of the document. Given a historical document is fake, the history that is dependent and extended on it might also need clarification.The resources and research that might have been spent on the false document have gone to waste, that have been used to build upon the document. Furthermore, the lack of anonymity of the document may spark social opinions that may have a negative impact on society. Proposal Scientific methods are instrumental in the authentication of art objects and materials and it can be used to validate certain anomalies of the object if they exist. Thus the aim of the essay will be to explore five key scientific methods that are being used to authenticate art objects. Each method will be explored in depth, with discussion relating to examples of their use in art authentication. The relative merits of each method, and where these methods might be problematic and unclear, will also be examined. X-ray diffraction (XRD) is used in the identification of crystalline material and gives insight into the crystal structure of the object. Beck et al. (2014) in their studies looked at prehistoric rock art, which involved identifying the structure and pigments of the art to correctly date it and give insight into the knowledge of human evolution. The article explored the improvement in XRD in terms of its portability and the importance it had on maintaining the non destructive element on the prehistoric rocks. It also explored the relative merits of the XRD machine in lower temperatures and higher humidity in the caves. Raman spectroscopy gives information relating to the pigment, through the means of visible light and can be central in authenticating an art object. Żmuda-Trzebiatowska et al. (2015) examined in part the raman data related to J. Matejko (1838–1893) paintings and his presence of unique colour palettes. It was suggested this can ultimately lead to authenticating 300 J. Matejko paintings with the support other scientific tools. Furthermore, Ropert et al. (2014) investigates the issues with raman spectroscopy, in particular its difficulty with working with biological and organic materials. Copper resinate, a green pigment widely adopted by 16th century painters, has been an analytical challenge in authenticating art objects (Ropert et al. 2014). Computer vision and computer graphics analysis of paintings and drawings can also assist in the authentication of them. Stork (2009) looks at different methods in such area, in particular, analysis of brush strokes and marks that use statistical patterning and connected components to determine the consistencies between an artist's paintings. Other methods range from perspective analysis to area based procedures which can also assist in the authentication of art. The limitation of computational power will often be susceptible to lower order evaluations of the art piece, which will put a liability on the accuracy of the results. The increase development more efficient algorithms in the area of computer vision like de-pict algorithm, which removes successive layers of brush strokes in a digital image of a painting, improve on such inaccuracies (Stork 2009). Another common scientific method is chemical analysis of the object which can give insight into the art object, and thus may help in authenticating it. This procedure involves testing various chemicals on the sample to determine what chemicals were initially present on the object. Technical examination of the painting ‘Young Woman Seated at a Virginal’ by various scientific methods including chemical testing that lead to identification of pigments. Such pigments were were “typical of Vermeer's palette and are consistent with a large body of other technical and art historical findings on paintings by Vermeer and other Dutch 17th century artists” (Burgio et al. 2005). However the problems with chemical analysis include having to take a sample of the object, which may result in destruction or disintegration (Burgio et al. 2005). Ultraviolet fluorescence is also a common method that is employed in the assistance of validating pieces of art.
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
required.
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.
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
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
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.
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,
enough for it to be classed as art? To understand this we have to look
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
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
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.
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...
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.