Art, Crime and Criminals: Painting Fresh Pictures of Art Theft, Fraud and Plunder

Lead Research Organisation: Queen Mary University of London
Department Name: Sch of Law

Abstract

Until quite recently art crime has been a relatively neglected topic of scholarly and practitioner attention. Dramatic art heists, clever art forgeries and like criminal activities have been the frequent grist for works of fiction in print and on screen. However, academics and practitioners alike have remained somewhat aloof from any detailed analysis of and response to this type of criminal behaviour. In an international art market that is currently reaching record levels of pricing and unprecedented levels of speculative sales and investment the incentives for this type of crime have, however, never been higher. Some commentators even estimate that art crime represents the third most serious form of transnational crime after drug and arms trafficking.

The main problem in tackling art crime is the variety of different actors involved and the significant expertise required. Buyers need to realise whether a painting is stolen or forged; auction houses have to find out whether an artifact has been looted and police and customs have to identify stolen or forged objects. To detect art crime a high level of expertise is required that is present in the art market, but not necessarily within law enforcement agencies. A substantial proportion of art crime today also involves multiple jurisdictions, however, most national police forces have little or no special resources allocated to this area and cooperation is difficult both with other jurisdictions and with the private sector.

Understanding art crime involves at minimum aspects of criminology, art history, the art trade, archaeology, art law, police and security studies, anthropology, sociology, museum studies, and insurance law. This area is par excellence one of interdisciplinary perspectives. However, there is a tendency both for academics and professionals to be hesitant about stepping outside their area of specialisation making it difficult to create a complete picture of the prevalence, offenders, motives and impacts of this type of crime. Bringing the different representatives of academic disciplines and practitioners together to exchange knowledge and experience on the prevention, detection, investigation and prosecution of art crime is therefore crucial to tackle art crime successfully.

The networking activity will focus on three broad and principal subject areas - art theft and vandalism, art fraud and forgery, and the plunder, looting and destruction of antiquities. It will bring together policymakers, practitioners and researcher to explore central issues, including:

1. What is the prevalence of art crime? Who are the principal participants and what are the economic drivers of this activity?
2. Where are the principle markets based and how are stolen, forged and looted objects placed on the market?
3. Are existing security measures able to protect against art theft, forgeries and looting?
4. To what extent are existing regulatory mechanisms effective and is self-regulation of the art market the way forward?
5. What scientific measures can be taken to better protect the art market?
6. How should identified fraudulent/stolen works of art be dealt with?
7. How can the legal and financial risks in authenticating works of art be mitigated?
8. How is art crime related to organised crime, money-laundering, corruption and the funding of terrorism?
9. What are the principle barriers that exist to recovery and repatriation?
10. What existing public education models to change attitudes might be adopted?


The network will draw upon experiences from different jurisdictions, including the United States, Australasia, China, Germany and Italy. International actors (eg World Customs Organisation, Interpol, International Council of Museums) will further inform discussion. The network will engage different academic disciplines (law, archaeology, criminology, art history, art conservation sciences and psychology) and key stakeholders from policy and practice.

Planned Impact

Academic impact of the new knowledge generated in this unique, innovative inter-disciplinary collaboration that will create traditional academic research outputs encompasses the disciplines of criminology, art history, the art trade, archaeology, art law, police and security studies, anthropology, sociology, museum studies, and insurance law.

Practical knowledge and guidelines for policy makers and practitioners to respond to, and help to prevent, reduce and react to the changing and growing global threat of art crime which is estimated to be worth £8 billion pounds per annum globally and £300 million pounds per annum in the UK will also be developed. This network will be of interest to policymakers and practitioners working in the area of art and heritage crimes, financial crimes, money laundering, corruption and terrorist financing. These stakeholders include: the Home Office, Metropolitan Police Service, the English Heritage, the National Police Chiefs Association, to name but a few. Leading practitioners in private practice will also be interested in the work of this network.

Beyond the UK, key stakeholders include Interpol, Europol, the World Customs Organisation, the International Council of Museums, UNESCO, and the United Nations Office on Drugs and Crime. These institutions are driving art crime legislation, prevention and investigations and respond more generally to the transnational phenomena of art crime.

Outputs impacting on both the academic, policy and practitioner environments include:
1. Three workshops exploring key issues of art crime.
2. Briefing document following these workshops which will inform future research and policy-discourse.
3. Podcasts of the workshops will also be made available online.
4. Dedicated panels on art crime will be convened at leading academic conferences and practitioner-focused conferences.
5. There will also be publications in international peer-reviewed and non peer-reviewed outlets as well as an edited collection.

The listed outputs offer potential to develop and improve approaches to training and professional development of those responsible for preventing art crime across the world, as well as university level taught courses in law, criminology and art.

AHRC support for this network will facilitate an effective collaboration, potentially of global significance, which will be a powerful case study of the impact and effectiveness of the application of AHRC funded research in countering the growing phenomena of art crime.

This network will focus on a number of under-explored issues - which have been identified in consultation with stakeholders from, inter alia, the Metropolitan Police Service, Tate Gallery, The Art Management Group, the Museum Security Network and CS Consulting. Discussion will focus on:

1. What is the prevalence of art crime? Who are the principal participants and what are the economic drivers of this activity?
2. Where are the principle markets based and how are stolen, forged and looted objects placed on the market?
3. Are existing security measures able to protect against art theft, forgeries and looting?
4. To what extent are existing regulatory mechanisms effective and is self-regulation of the art market the way forward?
5. What scientific measures can be taken to better protect the art market?
6. How should identified fraudulent/stolen works of art be dealt with?
7. How can the legal and financial risks in authenticating works of art be mitigated?
8. How is art crime related to organised crime, money-laundering, corruption and the funding of terrorism?
9. What are the principle barriers that exist to recovery and repatriation of looted and stolen objects?
10. What existing public education models to change attitudes might be adopted?

Publications

10 25 50
 
Description Engagement of practitioners, policy makers and academics furthered our shared understanding of art theft in the commercial arena (art galleries museums) and art fraud through a number of international case studies.
Exploitation Route More empirical research is needed in this area
Sectors Creative Economy,Education,Environment,Financial Services, and Management Consultancy,Culture, Heritage, Museums and Collections,Retail,Security and Diplomacy

URL http://www.law.qmul.ac.uk/research/funded/Art,%20Crime%20and%20Criminals/177940.html
 
Description The influence from this Network is on people, and their attitudes to assessing and valuing provenance of stolen and forged art. Practitioners and policymakers commented, in particular, on research currently being undertaken, that they were previously unaware of. Practitioners also praised our Network for raising issue of stolen and forged art in the market context. The Network also allowed practitioners/ policymakers to connect with others working in the field - again, it was emphasised to us that practitioners/policymakers are often overloaded with their own workloads and have little time and/or opportunity to engage with others. Also, there is a reluctance of certain parts of the profession to engage with each other and with law enforcement in particular and our workshops bridged this gap. In response to our second workshop a representative of the Centre de conservation du Québec, Ministère de la Culture et des Communications, Ms Jean Dendy, informed us that she and her colleagues 'have already been discussing how to jumpstart [their] efforts to draft an institutional policy for pieces of dubious provenance'.
First Year Of Impact 2016
Sector Creative Economy,Digital/Communication/Information Technologies (including Software),Education,Environment,Financial Services, and Management Consultancy,Government, Democracy and Justice,Culture, Heritage, Museums and Collections,Security and Diplomacy
Impact Types Cultural,Societal,Economic,Policy & public services

 
Description Giving Direction to Art Crime: Working towards a Multidisciplinary Definition 
Organisation University of Maryland
Country United States 
Sector Academic/University 
PI Contribution We will host an incoming PhD student from the University of Maryland on our art crime project on Giving Direction to Art Crime: Working towards a Multidisciplinary Definition.
Collaborator Contribution The University of Maryland will fund flights and accommodation for the student in London.
Impact Submission of funding bid for the project with the British Academy Small Research Grant Scheme.
Start Year 2017
 
Description Looting and Iconoclasm Conference 
Organisation German Federal Ministry of Finance
Country Germany 
Sector Public 
PI Contribution We organised a conference on Looting and Iconoclasm at the German Ministry of Finance in Berlin.
Collaborator Contribution The Ministry provided the conference room and infrastructure.
Impact An international and multidisciplinary conference was organised and held.
Start Year 2017
 
Description Transatlantic Cultural Property Crime Network 
Organisation DeSales University
Country United States 
Sector Academic/University 
PI Contribution Organisation of first Symposium on Transatlantic Cultural Property Crime in June 2018 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Organisation of second Symposium on Transatlantic Cultural Property Crime in June 2020 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University and Sophie Vigneron, University of Kent. Due to COVID postponed and converted to online event to be held in September 2021. Publication of Proceedings of first Symposium on Transatlantic Cultural Property Crime in June 2018 with Routledge with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Manuscript finalised, to be submitted in April 2021. All tasks for the above divided equally between collaborators.
Collaborator Contribution Organisation of first Symposium on Transatlantic Cultural Property Crime in June 2018 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Organisation of second Symposium on Transatlantic Cultural Property Crime in June 2020 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University and Sophie Vigneron, University of Kent. Due to COVID postponed and converted to online event to be held in September 2021. Publication of Proceedings of first Symposium on Transatlantic Cultural Property Crime in June 2018 with Routledge with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Manuscript finalised, to be submitted in April 2021. All tasks for the above divided equally between collaborators.
Impact Saskia Hufnagel, Kate Melody Burman and Michelle Fabiani (eds.), Transatlantic Cultural Property Crime (Routledge 2021, forthcoming).
Start Year 2017
 
Description Transatlantic Cultural Property Crime Network 
Organisation Mount Saint Mary College
Country United States 
Sector Academic/University 
PI Contribution Organisation of first Symposium on Transatlantic Cultural Property Crime in June 2018 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Organisation of second Symposium on Transatlantic Cultural Property Crime in June 2020 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University and Sophie Vigneron, University of Kent. Due to COVID postponed and converted to online event to be held in September 2021. Publication of Proceedings of first Symposium on Transatlantic Cultural Property Crime in June 2018 with Routledge with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Manuscript finalised, to be submitted in April 2021. All tasks for the above divided equally between collaborators.
Collaborator Contribution Organisation of first Symposium on Transatlantic Cultural Property Crime in June 2018 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Organisation of second Symposium on Transatlantic Cultural Property Crime in June 2020 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University and Sophie Vigneron, University of Kent. Due to COVID postponed and converted to online event to be held in September 2021. Publication of Proceedings of first Symposium on Transatlantic Cultural Property Crime in June 2018 with Routledge with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Manuscript finalised, to be submitted in April 2021. All tasks for the above divided equally between collaborators.
Impact Saskia Hufnagel, Kate Melody Burman and Michelle Fabiani (eds.), Transatlantic Cultural Property Crime (Routledge 2021, forthcoming).
Start Year 2017
 
Description Transatlantic Cultural Property Crime Network 
Organisation University of Kent
Country United Kingdom 
Sector Academic/University 
PI Contribution Organisation of first Symposium on Transatlantic Cultural Property Crime in June 2018 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Organisation of second Symposium on Transatlantic Cultural Property Crime in June 2020 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University and Sophie Vigneron, University of Kent. Due to COVID postponed and converted to online event to be held in September 2021. Publication of Proceedings of first Symposium on Transatlantic Cultural Property Crime in June 2018 with Routledge with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Manuscript finalised, to be submitted in April 2021. All tasks for the above divided equally between collaborators.
Collaborator Contribution Organisation of first Symposium on Transatlantic Cultural Property Crime in June 2018 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Organisation of second Symposium on Transatlantic Cultural Property Crime in June 2020 at QMUL with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University and Sophie Vigneron, University of Kent. Due to COVID postponed and converted to online event to be held in September 2021. Publication of Proceedings of first Symposium on Transatlantic Cultural Property Crime in June 2018 with Routledge with Kate Melody Burman, Mount Saint Mary College, Michelle Fabiani, DeSales University. Manuscript finalised, to be submitted in April 2021. All tasks for the above divided equally between collaborators.
Impact Saskia Hufnagel, Kate Melody Burman and Michelle Fabiani (eds.), Transatlantic Cultural Property Crime (Routledge 2021, forthcoming).
Start Year 2017
 
Description Alumni Event Presentation 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Alumni Event Presentation, School of Law, Queen Mary University of London on Protecting Cultural Property from Plunder - Criminal Justice Efforts to Curb the Market, 24 November 2022, QMUL.
Year(s) Of Engagement Activity 2021
URL https://www.qmul.ac.uk/law/alumni/alumni-series/protecting-cultural-property-from-plunder/
 
Description Art Crime Lecture at Christie's Education 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Postgraduate students
Results and Impact Christie's Education invited me to give a guest lecture to their students and practitioners in March 2020 on International art crime. 40 participants attended and there were questions and debate at the end of the talk. Christie's reported very positive feedback from participants. Christie's is an international auction house and engagement with them and practitioners within the institution very relevant for impact of the project.
Year(s) Of Engagement Activity 2020
 
Description Christie's Education Lecture 2019 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Postgraduate students
Results and Impact Christie's Education invited me to give a guest lecture to their students and practitioners in March 2019 on International art crime. 34 participants attended and there were questions and debate at the end of the talk. Christie's reported very positive feedback from participants. Christie's is an international auction house and engagement with them and practitioners within the institution very relevant for impact of the project.
Year(s) Of Engagement Activity 2019
 
Description International Art Crime Presentation at Institute of Art and Law Seminar 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact The Institute of Art and Law regularly organises seminars (1 day) for practitioners on art law related topics. The audience is composed of practitioners, such as lawyers, police, museums, insurers. The talk I gave was about 1 hour with following lively discussion and the feedback given to the institute very positive.
Year(s) Of Engagement Activity 2017
 
Description Interview on BBC World Service 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Interview given on BBC World Service on the theft from the Dresden Green Vault and wider implications.
Year(s) Of Engagement Activity 2019
 
Description Interview on Today Programme 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Interview given on Today Programme (Radio 4) on the attempted theft of 2 Rembrandt paintings from Dulwich Picture Gallery and wider implications.
Year(s) Of Engagement Activity 2019
 
Description Interview with Evening Standard 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact I was interviewed for an article on Art Theft in London by the Evening Standard and quoted in to. The article was also promoted within QMUL in our 'Queen Mary in the Media' section.
Year(s) Of Engagement Activity 2017
URL https://www.standard.co.uk/lifestyle/esmagazine/art-theft-is-the-world-s-third-most-profitable-crimi...
 
Description Invited Speaker at Art and Crime Conference at the Ghent Museum of Fine Arts 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact International Conference on Art Crime with Museum and Police professionals, ca 100 participants. Debates on crimes involving Ghent Triptych altar piece.
Year(s) Of Engagement Activity 2020
URL https://visit.gent.be/en/omg-van-eyck-was-here
 
Description Presentation on International Art Crime at Christie's London 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Postgraduate students
Results and Impact Christie's Education invited me to give a guest lecture to their students and practitioners in March 2018 on International art crime. 24 participants attended and there were questions and debate at the end of the talk. Christie's reported very positive feedback from participants. Christie's is an international auction house and engagement with them and practitioners within the institution very relevant for impact of the project.
Year(s) Of Engagement Activity 2018
 
Description Queen Mary Visual Cultures Forum, online presentation on art fraud. 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Presentation on Art Fraud and its historical development on Teams with a general and academic audience of about 30 participants and discussions on interdisciplinary issues in the field.
Year(s) Of Engagement Activity 2020
 
Description Symposium 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Second Transatlantic Cultural Property Crime Symposium with a focus on the intersection between civil and criminal law
Year(s) Of Engagement Activity 2021
URL https://www.qmul.ac.uk/law/events/items/2021-transatlantic-cultural-property-crime-symposium.html
 
Description Teaching and Convening Art Crime Executive Course (CPD Points, Practitioner Training), University of Hong Kong. 6-7 February 2017. 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact I organised, taught and convened an Art Crime Executive Course (CPD Points, Practitioner Training) at the University of Hong Kong on 6-7 February 2017. The course was geared specifically at practitioners in the Asian Art Market as this is a very challenging place with a view to art crime.
Year(s) Of Engagement Activity 2017
 
Description Workshop Presentation 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Fakes in the art market - International research workshop. Alma Mater Studiorum - University of Bologna, 21 Juni 2021.
Year(s) Of Engagement Activity 2021
URL https://www.artmarketstudies.org/cfp-fakes-in-the-art-market-online-workshop-alma-mater-studiorum-un...
 
Description Workshop Presentation 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Workshop: Anti-Money Laundering/Counter-Terrorism Financing and the Art Market, Dezember 6, 202, University of Amsterdam.
Year(s) Of Engagement Activity 2021
URL https://aissr.uva.nl/content/events/events/2021/12/anti-money-laundering.html?origin=KUHyM4f8RLeh6D4...