Art From the Ground Up Lecture Text

8/13/2019 Art From the Ground Up Lecture Text

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And Serving as a liaison between art forensic labs and those seeking to engascientific testing services

In addition, I am committed to educating the next generation of cultuheritage professionals by teaching and integrating the topic of art fraud a

forgery into museum studies curriculums and law enforcement train

manuals. I just taught a seminar on art fraud to one of the only high school le

museum studies programs in the country; in DC we are educating the ne

generations of art scholars, registrars and curators to be vigilant and mindfu

works of art with dubious attribution.

Like many other professionals committed to cultural heritage protection,

foray into this field started with a painting. After my post graduate studies

international art crime, I was asked to guest curate an exhibition at the Natio

Crime & Punishment Museum. Entitled The Dark Arts: Thieves, Forgers and To

Raiders, I had several paintings on display that were executed by renowned forge

including an Elmyr de Hory forgery executed in the style of Modigliani. As a result

that exhibition I was contacted by an individual who had inherited the estate of t


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almost two years living and travelling in Europe tracking down artworks, interview

personal contacts & witnesses, gaining access to rare archives, accessing Inter

arrest records and analyzing suspect artworks in an art forensics lab.

The result was the creation an artistic, scientific, criminal and psychologi

profile of a great art forger. I went on to use this same methodology to study a

profile almost a dozen of the most prolific forgers of the 19th

, 20th

and 21st

centuri

I now use this knowledge to consult and support investigations for museums, priva

collectors as well as law enforcement agencies.

Why should we care about fakes and forgeries in the art market, beyond our obvio

fascination with stories that involve intrigue, misrepresentation and criminal inte

This subject is especially relevant today as it cuts to the heart of the rationale for t

importance of art and the justification for museumsnamely the essence of t

creative process and the existence of a public space where any citizen may experien

the thrill, seduction, and authority of original works of art. More importantly,

forgery is a type of crime against cultural heritage. Preventing forgeries from enter

the art market protects the art consumer, the legacy of individual artists a


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preserves art historical scholarshipessentially protecting our collective cultu

heritage. This was a central theme of the first International Conference

Counterfeit Art, held last year at Interpol headquarters and attended by internatio

law enforcement agencies and many European artist foundations. Several of t

speakers present today attended this conference and participated in the formation

a set of Conclusions; which included RECOMMENDATIONS that member countries:

(1)RAISE public and political awareness of the increasing trend in counterfeit a

fakes, forgeries and intentional misattribution, and the impact on cultural herita

the art market and historic and scientific knowledge,

(2)ENFORCE, review and, if necessary, adapt existing national laws to be able to fig

the above-mentioned crimes effectively;

(3)CALL FOR counterfeit art to be explicitly included in regional and international la

criminalizing other types of counterfeiting, and finally, a call to

(4)DEVELOPE mechanisms and procedures to fight counterfeit art more effectively

necessary by creating working groups and inter-sectorial commissions.


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Fakes and forgeries were once the dirty little secret of the art world, and no galle

museum or auction house has ever been entirely free from the embarrassment o

costly error of misattribution or faulty provenance. In todays art world, the bungl

of authentication makes big news and can no longer be silenced or swept under t

rug. Duped museums and art experts, though by no means vindicated, may now f

comfort in a growing interest in deciphering these costly mistakes. A recent flurry

articles, books, conferences and exhibits dedicated to fakes, forgeries, mistakes, a

misattributions is evidence that the age-old art of forgery has never intrigued t

public nor confounded the art market more than it does today.

Even though profit and greed are often assumed to be the underlying motive

forgery, the psychology underpinning these grand deceptions is actually far mo

complex than a simple scheme for financial gain. The artistic and psychologi

profiles of the forgers featured in my upcoming exhibition, Intent to Decei

combined with a detailed description of the techniques and tactics used to crea

massive fraud in the art world, serve as a cautionary tale for any serious collect


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investor, or institution accepting patron donations. The exhibit also serves as a wak

up call to those dedicated to preserving cultural heritage.

The disquieting implication of the actions of these criminals, is that their m

attributed works have the ability to effectively sabotage the hierarchy of art a

culture. A forgery pretends to be something that it is not, affecting our concept

originality and distorting the art historical record. Ascribing authenticity to an obj

is to provide a verifiable link to its makera connection to the author, mome

location and circumstances of its creation. A forgery severs the thread that conne

a specific work to a specific artist, distorting the relationship upon which its value

determined. It appropriates an original idea from another creative personali

assuming a false pedigree and, undiscovered, occupying a place in art history tha

does not deserve.

Marketplace complicity may well be the greatest obstacle in remedying t

proliferation of art fakes and forgeries. The inability of the art market to self-police

lobby for enforceable civil and criminal laws creates the opportunity for rob

criminal enterprise. In an industry that suffers from a lack of transparency, t


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problem is one everyone recognizes but few have the incentive to fix in the face

indomitable self-interest. It is the rare dealer or auction house that has n

transacted, inadvertently or intentionally, in works of doubtful integrity.

Recent developments in forensic science offer a promising weapon in the fight

slow the proliferation of these crimes against cultural heritage. The art market, l

enforcement and cultural agencies have begun to take advantage of emerg

advances in scientific-based techniques that can aid in accurate attribution a

successful prosecution. Although connoisseurship has historically been the first l

of defense against a convincing fake, given the oft-proven fallibility of the experts

the face of psychological, economic, and social pressures, an approach free from b

such as forensic science is a welcome tool in the kit of authentication.

One of the greatest problems in this field is the complexity of what constitu

an authentic work when viewed against a vast array of faked, forged, copi

attributed, misattributed and replicated work. The types of copies are endle

whether made by an artist or by his students, whether made for educatio

purposes or deceptive purposes, whether authorized or unauthorized .and tho


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correct, Art Historical Research, can often confirm provenance, and more and mo

often, scientific research can determine whether or not a work is what it purports

be, based upon a materials analysis.Historically, we would contact artist foundatio

experts and/or professional authenticators for an expert opinion regarding t

authenticity of the workwhich is becoming more and more of a challenge. The f

of litigation is causing the rapid disbanding of artist foundations authenticat

boards, leaving no recognized entity with the professional expertise and le

standing to clarify the status of a picture. Independent experts are reticent to g

opinions for fear of being pulled into costly and potentially reputation damaging l

suits. Additionally, many of the art scholars who have the training and expertise

necessary to authenticate a work of art are employed by museums or oth

institutions whose conflict of interest rules restrict them from commenting on t

authenticity of privately held works of art. This can be very challenging for

investigation. During the course of an investigation, it is not uncommon to sub

work to scientific testing in an art forensics lab, and then bring results of all the init

research to a law enforcement official with jurisdiction over the fraud. If there

sufficient evidence to convince the agency that an investigation is warranted th


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may elect to proceed with a criminal investigation. It is important to remember t

we do not have anti-forgery legislation in this country, unlike many European natio

You cannot be tried or convicted for the crime of forgery in the US, so we often ha

to rely on wire fraud, mail fraud or customs violations to find a legal basis

prosecution. Prosecuting art fraud carries a heavy evidentiary weight that may

difficult to prove in court, first:

1) The persons committing the fraud must be aware that the item being sold

in fact, a fake and must INTEND to commit fraud by passing it off as the original

Subjective intention can be hard to establish, especially if the seller is not an

expert and protests his innocence

2) The prosecuting agency has to have jurisdiction over the fraud, which can

tough, as many sellers purportedly sell from one location and actually ship fro

another country altogether

3) It is difficult, if not impossible, to identify the true culprit as much fraud

perpetuated over time, in many locations, and usually involving several people. Oft

times, there is a substantial gap between when the work was purchased and wh


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the fraud was discovered. In order to have a successful prosecution, as Dave Hall w

no doubt discuss in the next lecture, you need to PROVE that the work in question

inauthentic, AND that there was a deliberate intent to deceive.

This can be a costly and time consuming process

Ironically, even given these difficult evidentiary requirements, sometimes it

actually easier to prove fraud and have it result in an actionable consequence than

is to prove authenticityand have that proof accepted and recognized by the

world.

I have been involved in a case where the same investigative methodology, utiliz

our same three-legged stool of attribution, resulted in a conclusion that a suspe

work of art should be inserted into the art historical record.

I have been asked to consult on, and subsequently have become intellectually intrigu

with, this example of a case where an artwork has taken almost 20 years

authenticatea work most credibly attributed to Jackson Pollock.

To my knowledge, this is one of the most comprehensively analyzed works of a

utilizing new methodologies that could set a new standard for the process

authentication.

It begins with an impressive provenance, an eyewitness account of its creationf

works of art have a firsthand witness to the moment of its creation.


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one of her canvas boards. At the time the two were living together at his house

Springs, near East Hampton. Kligman held the finished work in her possession fro

the time of its making until her death in 2010. The painting has never been shown

exhibited publicly.

There is considerable confirmatory evidence that such an event took place. In

effort to demonstrate the validity of her account, Kligman took and passed a

detector test in 1996. In the professional opinion of the expert Polygraph Examin

administering the test, Kligman spoke truthfully when she answered Yes to the fo

questions she was asked regarding the circumstances of the paintings creatio

These questions were:

Did Jackson Pollock make this painting? Did you see Jackson Pollock paint t

painting? Did Jackson Pollock give you this painting? Did Jackson Pollock ma

this painting on a canvas board you gave him?

Bette Waldo Benedict, a friend of Kligman, remembers being given the work

safekeeping just two days prior to Pollock's death, while Kligman was taking a sh

break from life with him at his home in the Springs. In an affidavit on November

1996, she swore:

When Ruth arrived [from East Hampton], she unpacked her things from a sm

suitcase and brought out this small painting that was painted by Jack for Ruth seve

weeks before. She asked if she could leave the Pollock painting with me along w


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some other things, and I said yes. We discussed this painting and her relationship

Jackson for several hours. I could never forget it, as long as I live.

Throughout her lifetime, Bette Waldo was unwavering in her reaffirmation of t

account given in her affidavit. Bette unfortunately passed away last month.

Pollock and Kligman met in the spring of 1956. The account of their intense 5 mon

relationship is public record. Living together in his home at Springs at the time of

death, on August 11th

, 1956, Kligman was the only survivor of the car accident wh

killed both Jackson Pollock and Ruth's good friend, Edith Metzger. Kligman sustain

critical injuries, which required a 3 months hospital stay and significant convalesc

afterwards. A now famous photograph taken that afternoon shows Kligman sitting

Pollocks lap behind his house. This is the last photograph of Jackson Pollock.

Soon after Pollocks death, his widow Lee Krasner began to think of commission

and overseeing the research and publication of a catalogue raisonn. Steps to t

end quickened in 1972 when the Jackson Pollock Authentication Committee w

formed. Their work initially culminated in 1978 with the publication in four volum

of the first edition of Jackson Pollock: A Catalogue Raisonn of Paintings, Drawin

and Other Works.

In her writings, Kligman recalls being "intimidated" as a reason for not bringing t

work forward for consideration and inclusion in the Catalogue Raisonne since she a

Krasner, who was a powerful figure in the world of art, had an adversar

relationshipfor obvious reasons.


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In 1986, after Lees death, Kligman, approached the Board via a third party. T

attempt at authentication appears to not have gone very far or been very thorou

In 1992, Kligman made a second approach directly - the Board asked Kligman

answer a number of questions regarding the work as part of its study and d

diligence process. By 1994 - Kligman had organized a more complete submission

the Board for its consideration -including affidavits from Kligman and Benedict, a

detector test, technical studies of the painting and letters of endorsement of t

authenticity of the painting by eminent qualified experts.

Expert Opinions

One factor that strengthens the case in favor of the work's attribution to Jacks

Pollock is the number of respected experts who presented to the Board opinio

endorsing the paintings authenticity. The experts who wrote in support of the wo

were Elizabeth Frank, Dore Ashton and Leo Castelli. To the best of our knowlednone of the experts was compensated for writing his or her opinion or had any oth

stake or interest in the outcome of the Board's decision. (Later, in 1996, Profes

Jeanne Siegle of the School of Visual Arts in New York, also wrote an opini

endorsing the picture). This is a very impressive and reputable group. Frank i

Pulitzer-Prize winning biographer and the author of a book on Jackson Pollock. S

concluded her December 3, 1994 letter to the Board with the statement, my eye te

me that in all probability the painting is by Pollock, and I believe in actual fact it

Formerly Associate Art Critic for The New York Times, Dore Ashton is Professor of A


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at Cooper Hewitt and among the greatest experts on Post-War and Contemporary a

She is the author of more than one hundred books and articles, including reviews a

studies of Pollock. In her December 8, 1994 fax to the Board, she wrote, I ha

known Ruth Kligman for many years, and knew of the existence of Jackson Polloc

Red, Black and Silver, in her possession since before Pollocks death. I have no reas

to doubt the authenticity of this painting, which, it seems to me, is utte

characteristic of Pollock. Castelli was one of the most influential and hig

regarded art dealers in the world and helped pioneer the collecting of American art

the 1950s and 1960s. Moreover, Castelli personally knew Pollock and Krasn

extremely well and saw Pollock regularly in East Hampton, where Castelli also own

a house, even in the weeks shortly before Pollocks death. Castelli also curat

shows with Pollock paintings in them and bought at least one major work by Pollo

for his own personal collection. He wrote to the Board on December 1, 1994:

I have seen the painting of Jackson Pollock owned by Ruth Kligman. I have kno

Ruth Kligman for thirty-five years. To the best of my knowledge and belief, t

painting entitled RED, BLACK, AND SILVER [the present work] is by Jackson Pollock.

Castelli wrote a second letter, addressed to the Boards counsel and dated May

1995, in which he stated:

It is my professional opinion that the work of art entitled Red, Black and Silver is

authentic painting by Jackson Pollock. It appears that the painting was execut

with skills that Jackson had. His control of the paint is evident and one can actua


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fell the rhythm in the painting. It is my opinion that is a small powerful Pollock

hope that above statement will help to confirm the authenticity of the painting

question.

Perhaps the strongest statement in support of the authenticity of the painting w

made by the well-known conservator Sandra Amman, who studied the work in h

studio side-by-side with Pollocks famous canvas Number 27, 1950 from the Whitn

Museum of American Art. In a letter of May 6, 1996 reporting her findings Amm

concluded:

The paint application of this painting was compared with that in Number 27 19

owned by the Whitney Museum of American Art. The manner in which the paint w

applied as well as the interwoven nature of the colors were extremely simil

Specific colors of painter were clearly applied more than once, appearing bo

beneath and above other colors. The overall oval shape of the drip forms, indicatthe arm gesture, were alike in both works. While no technical analysis w

performed, the color and consistency of the paints found in this painting appeared

be in keeping with others used in works by Jackson Pollock. In addition, paints us

are consistent with the selection of painting materials found in the artists studio

the time of his death.

1995 - The Pollock-Krasner Authentication Board proposed that the painting

illustrated in color and included in the Unresolved Attributions portion of t

Problems for Study section of Supplement One to the Pollock Catalog Raisonn. T


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Board summarized its position on publication in The Supplement One as follow

Publishing the work as a problem for further scholarly investigation wh

acknowledging the possibility that the work may well be authentic allows it to

seen in the context of Pollocks work. Those who think it authentic have their say

the textboth sides of the matter being clearly set forth."After publication in t

Supplement, any reputable scholar, as is normal in the art world, who recognizes t

work as authentic could publish the work as authentic and do so without objecti

from the Authentication Board.

Kligman felt that the section and proposed wording placed a negative connotation

the work and as a result, she chose not to have it included in the publish

Supplement. In 1996, after the publication of the supplemental volume, the Pollo

Authentication Board disbanded. To date, there is no recognized entity or spec

authority with the professional expertise and the legal standing to respond

Kligmans efforts or to clarify the status of the picture.

So where did that leave this painting?

In an attempt to further prove the authorship of the painting, Kligman had the wo

subjected to rigorous scientific analysis during the course of the next decades lo

journey. She would continue to amass evidence that she hoped would lead to the

authentication of Red, Black and Silver.


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concern was that the white pigment on the picture, being white zinc, would d

slowly and would have been inconstant with Kligmans account suggesting that t

work was made very rapidly in one afternoon.

In 2010, still determined to authenticate this painting, Ruth Kligman passed away

the age of 80. At the time of her death, the decision was made by her Trustees

continue the almost 20 year journey to see this work recognized as the last paint

by Jackson Pollock.

The most in-depth materials analysis of the painting was performed by Jamie Mar

of Orion Analytical in 2011. Martin is considered one of the foremost materi

scientist in the art world and his expert analysis has been used previously in matt

of Pollock authentication. In his report, Martin describes in great detail the method

application of the paint as well as its chemical composition. He determines that t

previous assumptions of the Board were based upon faulty sciencein fact, examination of the painting revealed that the pigment in question is not white z

but instead was formulated with anhydrite and rutile titanium dioxide, a mo

rapidly drying pigment used by Jackson Pollock. His comprehensive study of the wo

corroborates with the testified circumstances of its creation. In the conclusion of

report Martin states:

"If the claims of Ms. Kligman and her friend, Bette Waldo Benedict, are tr

accurate, and complete, then Untitled[Red, Black and Silver] is an authentic wo

which Jackson Pollock painted in 1956."


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Looking for an innovative approach to proof of authorship, the trustees of t

Kligman estate believed that the organic material seen imbedded in the paint had t

potential to yield important answers. They contacted Nick Petraco, from John

College of Criminal Justice, a foremost hair and fiber scientific expert in the analysis

trace evidence and the former head of the NYPD crime lab to perform trace analy

on the painting.

A trace analysis is based upon Lacards Principleof Exchange, which in this cont

states that an artists intimate contact with his or her work permits the prima

secondary and tertiary transfer of trace materials between the artist, t

environment within which the work is created, and the work itself. Materials such

hairs, fibers, skin cells, fluid droplets, soil, dust, mineral fragments, glass fragmen

seeds, plant materials, and other debris can be intentionally and/or inadverten

transferred and subsequently embedded into the work. This can occur in a variety

ways: from the artist to the painting, the painting to the artist, the environment

the artist, the environment to the painting, from the environment to the artist th

to the painting, and so on. These tiny traces of particulate matter, hairs, fibers, a

fluid droplets can be a valuable source of unbiased, scientific data and proof relat

to who created the work, the time period the work was created, and where the wo

was created.


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Red, Black and Silver was forensically examined and processed by Petraco for tra

evidence. Items of trace evidence were removed from the painting and compared

materials obtained from the Pollock home and his personal effects.

Let me run you through the details of this unique CSI-type forensic investigation:

Nick Petraco conducted a:

1. Physical examination of the painting for evidence of reasonable trace elements visible withnaked eye

a. Look at it as an object, like a crime scene investigation2. Arrived at atlas of potential trace elements on the painting

a. Used as a guideline to collect standardsb. Met with Helen Harrison, Director of the Pollock/Krasner House and Studio to discuss the

possibility of collecting samples. Helen recognized the value of this new research

approach, and agreed to participate

3. Went to Pollock Krasner House to collect samples from house and propertya. Important to note the location is a National Historic Landmark, federal designation that

recognizes its significance as one of the nations most important cultural monuments

b. Public space nowmuseum and study center, however Helen Harrison provided accessto personal effects stored in the attic.one of the most important being shoes worn by

Jackson Pollock.he was often photographed wearing loafers. This pair of shoes that

belonged to Jackson Pollock, contained a considerable amount of trace evidence

c. All the samples were collected according to protocols used when processing a crimescene, you can see the specialized suits and masks used during the process

d.HEPA vacuum used to collect trace elements from the scene which were thenmeticulously labeled for analysis using microscopy.

Microscopy is one of the most important tools used to identify trace

materials; which are particles not readily visible to the naked eye. Nick

Petraco is the author of the Manual of Microscopy for Criminalists,Chemists and Conservators, which is considered an industry standard.

This trace analysis allows for the consideration of not what the painting is made

but what evidence is contained within it. This process was also aided by Pollocks u


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of enamel paint. Similar to a mosquito being encased in amber, the paint fu

encapsulated the organic material and preserved itallowing it to be removed a

analyzed 58 years after the paintings creation.

Nick Petraco then conducted an analysis of trace materials found at the house, on the grounds and

in the personal items stored in the attic, away from public space

a. Found human hair, (Caucasian, short and light brown in color), animal hair (white),multiple colored wool fibers, plant seeds, minerals,

b. He had success at getting standardsmaterial from a known source that can be used topositively identify and make positive associations

c. next step was to Removed items from paintingunder the guidance of a professionalpaintings conservator

d. obviously, this was a Sensitive process, so Nick made a replica of the work, with enamelpaints, to order to practice the extraction process

e. he Removed 8 samples from the work in a laboratory setting, all documented on videof. it was a very Minimally destructive process

2. then he conducted a Comparison of samples extracted from the painting to known standardsand samples taken from the house

a. hair was positively identified as Human hair, the same color and morphology as the hairfound in Pollocks shoes and at the house

b. Seed, was positively identified as American Beach Grass-indigenous to Atlantic coast,and growing profusely on grounds of Pollock Krasner house

c. Colored threads were identified as course, dyed wool fibers--consistent with wool fibersfound in the shoes and in the house

d. mineral grains, were positively identified as almandine garnet, a component of sand,indigenous to the NE, and consistent with the sand of the area surrounding North

Hampton, once again found both in the shoes and in the house

3. Surprise: Petraco made surprising discovery-originally he assumed that the animal hair was froma dog, as Pollock had two dogs.

a. Using his background identifying illegally exported animal furs from endangered speciesfor Customs cases, the white hair was identified as that of a Polar Bear-- a morphology of

hair that is unique and unmistakable

b. Where could this have come from? He called Pollock-Krasner house and asked thequestion, was there a polar bear rug? Helen Harrison confirmed there was in fact a polar

bear rug in the attic.

4. Had to return to the scene, in this case the Pollock/Krasner Houseto take more samples.toconfirm source of trace materials.


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a. Went into the attic. Both the polar bear run and multicolored wool rug were thereb. Became illegal to import them in the 1960s, because of the endangered species act.

Here is an image, ca 1960, of the rug in the Pollock/Krasner house.

c. While there Nick also collected more standards from the groundsNick was then able to triangulate the three samples and make solid matches.

He then created this atlas of positively identified trace materials that matched across all three

sources, the painting, the shoes worn by Jackson Pollock, and the grounds of the

Pollock/Krasner House.

Petraco is so confident that he would testify in a court of law that the work was painted at Springs. He

has been an expert witness in over 1,000 cases and had never seen this unique combination of trace

evidence in his decades long career

d. Went from a Universe of possibilities, to a very limited subset of plausible scenariose. Only two people theref. Is it possible Ruth created the painting? if she did, she would have been lying about its

authorship, with a deliberate intent to deceive, and created the work herself, which the

fact pattern does not support,

i. In 1956, she was merely a 26 year old art student in New York, an amateur painterworking in a figurative mode conventional in the 1950s

ii. since her death in 2010,Studio still exists, completely intactiii. In it there are over 700 works, with not one example of a poured painting during

her 50 year artistic career-it was not a technique she was ever known to employ

Another analysis still being explored..

The Trustees recently involved a statistical analyst, Dr. Nick Petraco, Jr. also

professor at John Jay College of Criminal Justice, with a technical background

Quantum Chemistry. He is in the early stages of employing a Bayseian Netwo

probability modelthis is a program that allows for the inclusion of repeataexperiences and outcomes, and includes the ability to add expert opinion in an eff

to create a subjective estimation of probability of an event occurring. The mode


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constructed in a logical, coherent and cohesive manner based upon the evidence t

everyone is in agreement upon and asks.

Is it more reasonable to believe that Jackson Pollack painted this work or is it mo

reasonable to believe he did not?

This extensive search for answers, which I have just detailed, was inspired by t

questions put forth almost 20 years ago by the Authentication Board, specifica

Francis V. OConnor, as well as an ongoing pursuit of the truth.

Thanks to new advances in scientific methodologies, questions have been answer

leaving little doubt that Red, Black & Silver is in fact a work by Jackson Pollock.

last. It is an important piece of cultural heritage and, as such, should take its place

the art historical record. The story of this iconic American artists life cannot

concluded without this final piece.

Thank you so much for your time and attention. If you have any questions, I can ta

some now.

Art From the Ground Up Lecture Text

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