"The Crime That Pays? The Canadian Print Media's Construction of Art Fraud, 1978-2012" authored by Josh and Adie Nelson in the Fall 2013 issue of The Journal of Art Crime

Josh and Adie Nelson authored "The Crime That Pays? The Canadian Print Media’s Construction of Art Fraud, 1978-2012" in the Fall 2013 issue of The Journal of Art Crime. From the abstract:

This article examines the Canadian print media’s construction of art fraud from January 1978 until December 2012. Our content analysis of N=386 articles reveals that art fraud was portrayed as a low-risk crime that pays and as a “victimless” crime. In contrast to conventional crime news, which is situated in the front portions of newspapers, articles on art fraud were most often positioned in sections devoted to “entertainment.” The media’s portrayal of art fraud as a phenomenon that was more entertaining than vexatious resonated in its portrayal of offenders as charming rogues and artful dodgers, with the most notorious of offenders depicted as heroes, and in its casting of victims as fools or “legitimate” victims. This peculiar construction would seem to offer considerable inducements for schadenfreude, a revelling in the misfortunes of others.

From the article's introduction:  

Examinations of the “professional imperatives” (Chibnall, 1977: 23) that guide press reporting on crime have repeatedly suggested the folly of supposing that these dicta encourage a faithful rendering of the incidence and dynamics of crime. Thus, in emphasizing that journalists are tasked daily with producing a “certain quantity of what is called ‘news’,” Breed’s (1955) classic study suggested how this role obligation could catalyze a “persistent search in the drab episodes of city life for the romantic and picturesque, its dramatic accounts of victim and crime” (see also crime: e.g., Ericson, Baranek & Chan, 1987, 1989, 1991; Hugill, 2010; Katz, 1987; Peelo, 2006; Rajiva & Batacharya, 2010). While the frenetic quality of this quest may have abated in more recent eras with the rise of “supermarket journalism” (Mawby, 2010a, 2010b; McGovern, 2010) and the concomitant ability of journalists to “simply ‘buy’ their stories off the shelf from the press offices that are responsible for ‘managing the media’ about a particular crime or event” (Wilson, 2011), journalism’s cynical mantra, “if it bleeds, it leads,” continues to resonate both its disdain for coverage of the mundane and prosaic and rapt readiness to endow statistically atypical incidents with especial lustre. As Reiner (2002: 307) observed in his commentary upon the news media’s tendency to position the extraordinary as ordinary, “[f]rom the earliest studies (e.g., Harris 1932) onward, analyses of news reports have found that crimes of violence are featured disproportionately compared to their incidence in official statistics. Indeed, a general finding has been the lack of relationship between patterns and trends in crime news and crime statistics.”

Josh Nelson is a graduate student at the University of Guelph in the department of art history & visual culture and, beginning in September, 2013, a doctoral student in art history at Queen’s University in Kingston, Ontario, Canada. His doctoral research addresses a criminal event that the Canadian print media early and, ostensibly enduringly, dubbed the “Great Canadian art fraud”; it examines the social context in which this highly-publicized incident emerged in media reports of the early 1960s, was weighted with significance, framed as portentous and defined as a “crime against culture.”

Adie Nelson received her PhD at the London School of Economics and is an Associate Professor in the Department of Sociology & Legal Studies at the University of Waterloo. She is the author/co-author/editor/co-editor of approximately two dozen books and her writings have appeared in journals such as the British Journal of Sociology, Psychology of Women Quarterly, the Journal of Contemporary Ethnography, Qualitative Sociology and the International Review of Victimology.

Design for this issue and all issues of The Journal of Art Crime is the work of Urška Charney.

Here's a link to ARCA's website on The Journal of Art Crime (includes Table of Contents for previous issues).

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2013 ARCA Art and Cultural Heritage Conference: Senior Police Inspector Toby Bull on “Property of a Hong Kong Gentleman, Art Crime in Hong Kong – Buyer Beware”

Toby Bull

ARCA’s Art and Cultural Heritage Conference (June 21-23, 2013), held in the ancient Umbrian town of Amelia, began with cocktails for presenters and students at Palazzo Farrattini on Friday evening. The next morning, Derek Fincham opened the conference at the Chiostro Boccarini with an introduction to a panel moderated by Marc Balcells Magrans, a Fulbright scholar and criminal lawyer.

Toby Bull, a Senior Inspector with the Hong Kong Police Force since 1993, presented “Property of a Hong Kong Gentleman, Art Crime in Hong Kong – Buyer Beware”. Mr. Bull, a Fine Arts graduate, art historian and a qualified art authentication expert, recently founded TrackArt, an Art Risk Consultancy based in Hong Kong. In 1996, he attained detective status and is currently working within the Marine Police, whose role in the main is in dealing with anti-smuggling. The Hong Kong Police Force has no art crime squad, but has given Mr. Bull permission to lecture and do art consultancy work through his private consulting firm. Mr. Bull has been one of ARCA’s longest supporters and, like many of the lecturers & presenters on the course, was one of the contributors to ARCA’s first book, Art & Crime: Exploring the dark side of the art world edited, by Noah Charney.

Inspector Bull discussed the black-market antiquities trade and the free port of Hong Kong, often used as a ‘way station for much of China’s exported artifacts on their journey to collections abroad:

Looted antiquities are typically smuggled across porous borders, often acquiring fictitious provenance along the way. Documents claiming false authenticity and providing assurances that the items have not been looted, as well as outright fakes of antiquities are also common occurrences.

The worldwide popularity and high prices for Chinese archaeological artifacts have encouraged illegal excavation and smuggling of cultural property. Although Chinese authorities have intensified their efforts to crack down on smuggling and illicit excavation, it continues practically unabated. This huge demand for Chinese cultural artifacts has caused serious damaged to China’s cultural heritage.

Inspector Bull described the extent of the problem of looted artifacts in Hong Kong and the issue of fakes. He also raised the question as to whether or not “greater due diligence or some form of regulation amongst the local dealers could be brought in to help diminish and eventually stop the trade in illicit antiquities.”

According to Inspector Bull, criminal networks know how to move stolen art or illicitly dug-up antiquities because they already have the knowledge of the best ‘routes’ to get the illicit merchandise across the HK border, thanks in large part to their experience from drug trafficking.

"The idea that these are art-loving criminals is risible, as they are only interested in the money that comes from their various nefarious activities," Inspector Bull said. "The trade in antiquities (be they real or fake) is part of highly organized criminal enterprise structures. The people perpetrating these crimes are your commonplace criminals – no more, no less, but businessmen too, as they have realized that there is still a lot of money to be made in this type of trafficking and far less harsh penalties if caught than with drugs, for example. China is a source nation, bleeding its cultural heritage to the rich market nations. Tomb robbing in China involving diggers, equipment, and fences (middleman to sell the objects) and requires a multi-layered network.

High priced art is even used as a tool in bribing officials in China, according to Bull. "In 1997, many art dealers fled Hong Kong fearing the change of sovereignty, believing the harsh and strict export embargo of the Chinese system would be applied to Hong Kong and kill the trade," he said. "Once the announcement was made that Chinese laws on the protection of art relics would not be applied to Hong Kong (the world’s 3^rd busiest cargo port), business carried on unabated with the reputation for Hong Kong being the place to buy Chinese artifacts and antiquities solidified.

However, that brings with it the problems of Hong Kong being a Freeport: “If it’s (the artifact) not proven to be stolen, objects can be legally exported, changing from illicit to licit,” Inspector Bull said. “Once entered into auction catalogues, the objects are often shown to be from a private collection in Hong Kong.”

Inspector Bull highlighted the problematical way that the police regard art crime and their lack of proper referencing within databases, making true statistics nigh on impossible to get; a frustrating fact for any criminologist looking to study this subject. Other incidents of art crime involve fake authenticity certificates for objects; smuggling paintings back into China to avoid taxes; and smuggling of fake objects. Inspector Bull also explained the correlation between art crime and money laundering and "the surprising, but sad fact", of how Hong Kong was woefully under prepared and at risk – despite its reputation as a top international finance sector with very tough anti-money laundering measures in place for the financial sector (just not for the totally unregulated art sector).

Inspector Bull conducted some of his own original research: “Out of 25 mainstream galleries in the main antiques area of Hollywood Road in Hong Kong, only four returned a 14-question survey questionnaire about the condition of the art market – and even those four that did answer did so with rather spurious replies,” Inspector Bull said. “There is absolutely no interest from the art trade to self-regulate, nor is there any lead from the Government to clamp down (or even recognize) the problem. There is simply too much money at stake. The Hong Kong Government is now looking to make the city an ‘art hub’ – seen by the recent arrival of the mega Art Basel exhibition in May. There is a real danger that more genuine smuggled pieces will find their way in Hong Kong, as well as more fakes flooding the market”.

With this in mind, one of the aims of TrackArt  is education to the art market & those closely tied to it to highlight the problems that were addressed in Inspector Bull’s insightful and entertaining presentation : he had brought with him from Hong Kong a “1^st Class Fake” of a Tang Dynasty ceramic horse bought especially for its inconsistencies by Bull to be used as a lecture prop and which was passed around the audience – showing, indeed, the dangers of buying Chinese antiquities in Hong Kong. "Buyer Beware! Yes, most definitely."

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The Journal of Art Crime, Spring/Summer 2012: Duncan Chappell and Saskia Hufnagel on "The Beltracchi Affair: A Comment on the "Most Spectacular" German Art Forgery Case in Recent Times

Australian criminologist Duncan Chappell and Dr. Saskia Hufnagel write on "The Beltracchi Affair: A Comment on the  "Most Spectacular" German Art Forgery Case in Recent Times" in the Spring/Summer 2012 electronic issue of The Journal of Art Crime (now available by subscription).

Abstract: On the 27th of October 2011 the four persons accused of the ‘most spectacular’ art forgery case in German post-war history were sentenced to jail terms ranging from 21 months to 6 years. The accused were Wolfgang Beltracchi (61), the painter of the forged works; his wife Helene Beltracchi (53) and her sister Jeanette Spurzem (54) who helped him in various ways; and the ‘logistical expert’ in the case, Otto Schulte-Kellinghaus (68). Considering the financial damage the forger group had caused, the embarrassment of buyers, dealers, experts and auction houses, as well as the considerable publicity the trial incurred, this seemed a remarkably mild verdict. However, observing the way in which art forgers at large appear to be dealt with by the justice systems of various countries, it could be said that the case just confirms a reoccurring pattern of lenient sentencing. This article will examine the case and its repercussions.

Duncan Chappell is a lawyer, criminologist and former Director of the Australian Institute of Criminology. He is also the Chair of the Australian Research Council’s Center of Excellence in Policing and Security. Currently an Adjunct Professor in the Faculty of Law at the University of Sydney he has researched and published on art crime as well as acting as an expert in art crime cases. His recent publications include Manacorda, S. and Chappell, D. Crime in the Art and Antiquities World. Illegal Trafficking in Cultural Property (New York: Springer, 2011).

Saskia Hufnagel is a Research Fellow at the ARC Centre of Excellence in Policing and Security (CEPS), Griffith University, Brisbane, Australia. Her PhD studies were completed at the Australian National University (ANU) on the topic ‘Comparison of EU and Australian cross-border law enforcement strategies.’ Her current work focuses on comparing legal frameworks in Australia and the EU, particularly in the fields of mass gatherings, surface transport, maritime and aviation security. She conducts further research in the field of EU and Australian police cooperation and more specifically the policing of art crime. Her publications include 114 ‘Cross-border police co-operation: Traversing domestic and international frontiers’ (2011) Crim LJ 333 and she co-edited ‘Cross-border Law Enforcement - Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives’ (2011) Routledge. Saskia is a qualified German legal professional and accredited specialist in criminal law.

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Art Fraudster John Drewe Jailed for 8 Years Following Real Estate Fraud Trial in Norwich

Christine Cunningham reported for the Evening News on March 12 that John Drewe, 64, convicted in 1999 of art fraud, was jailed for eight years after his conviction for fraud by the Norwich Crown Court for stealing 240,000 sterling pounds from a retired music teacher in an attempt to steal her home and life savings.  You can read the article here.

Ms. Cunningham writes that the court heard that Drewe had been convicted more than a dozen years ago of "conspiracy to defraud, forgery and theft, involving a major art fraud and was jailed for six years."

Andrew Levy for the Daily Mail reports that Drewe used the stolen money to purchase luxury cars and "to pay off his son's debts":

Drewe had been jailed in 1999 for masterminding one of the biggest art frauds of the century. He made £1.8million by commissioning paintings and passing them off as rediscovered works by major artists.

Using the forgeries made by John Myatt, Drewe sold 200 fake original artworks. John Myatt, who's own website claims Myatt "was involved in the biggest art con in the UK", now sells "legitimate fakes" and claims his life will be the subject of movies and television shows.

Noah Charney wrote about John Drewe's activities in the Fall 2010 Journal of Art Crime in his column Lessons from the History of Art Crime "The Art World Wants to be Deceived: Issues in Authentication and Inauthentication":

John Myatt and John Drewe created false documents to act as provenance for the forged paintings they created, and then inserted them into real archives, so that diligent researchers would "discover" them and link them to the forged paintings.

At ARCA's International Art Crime Conference in Amelia last summer (2011), Peter Watson, author of numerous books including The Medici Conspiracy and Sotheby's the Inside Story, in a discussion titled "Some Unpublished and Unpalatable Details about Recent Art Crimes", said that John Drewe had once been suspected of burning down a house that killed a Hungarian lodger.

If John Drewe serves his full jail sentence, he will be able to pursue other opportunities at the age of 72.

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