Fakes and Forgeries in Art, and the More Specific Term “Art Fraud”: A Criminological Perspective

Summary

Fakes and forgeries are topics of frequent and agitated discussion in the art world. For criminologists, this interests shifts to art fraud because of its fit with issues of non-authentic art. While fraud shares with the wider interests the need to demonstrate deception (an obvious aspect of a fake), a successful prosecution will require in addition that the defendant be shown to be dishonest (that is, that the deception is intentional), that there is harm as a consequence, and that the victim was actually deceived. Despite its popularity as a topic for discussion in the art world, actual cases of art fraud are exceptionally rare, although cases of “mistaken identity” are reasonably common (but these will often lack the deception and intentionality required of fraud). Among the reasons for art fraud being infrequently observed appear to be: (1) police are less than eager to pursue issues of fraud in art; (2) the deceptive skills required of a successful art faker are actually rarely observed or achieved; and (3) the role of the victim in art fraud is complex and often renders victims either passive or non-compliant with the justice process.