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ART EXPERTS IN THE EYE OF A CYCLONE By Adrian Darmon
12 April 2012
Catégorie : Focus
Cet article se compose de 7 pages.
1 2 3 4 5 6 7

Inevitably the series of scandal affecting the Wildenstein family has had some adverse impact on the Wildenstein Institute  which consequently slackened its activities regarding the authentication of art works.

In fact, owners of art piece in need of authentication have met all sorts of problems when experts, especially when they have come across experts who have gone as far as taking the place of police regarding fakes. It has thus become a kind of habit for them to seize forgeries and lodge complaints against their owners who usually acted in good faith.

Experts, rightful claimants or artists still alive are by law allowed to seize forgeries though a fraud must be proved in court. In addition, the moral rights of the heirs of an artist do not necessarily invest them with the power to decide of the authenticity of an art piece. In this respect, French courts have experienced difficulties regarding their verdicts on fakes. For instance, a painting authenticated by Claude Renoir, the heir of the artist, which was sold at auction in June 1973 in Versailles was eventually rejected as the latter was not considered as an expert. In June 1979, a painting by Emile Othon Friesz authenticated by his daughter came also to be considered as not authentic. As in the case of the Renoir painting, the buyer was granted damages by the court. A similar problem occurred with the cancellation of the sale of a fake Modigliani painting, which his daughter first considered as genuine. Therefore the moral rights of the heir an artist is not a sufficient to guarantee the authentication of an art piece meaning that its owner must request the intervention of a well-established expert to do so.

According to French law, the heirs of an artist are responsible for the authenticity certificates they have delivered. This happened with the son of the painter Latapie who issued certificates for fakes which enabled their owner to obtain a loan from a bank which then tried to be reimbursed in putting them at auction but the sale was cancelled when the authenticity of the works were questioned. As a result, the heir of the artist was sentenced for his lack of cautiousness. All the more heirs can be sued for refusing to give a certificate even if they consider that the work they have examined is dubious. They can also be held responsible for having refused to issue a certificate for a genuine work as in the case of the widow and sister of the artist Jean-Michel Atlan who were sentenced to pay damages amounting to over 60000 USD to the owner of a painting they considered as a forgery. Still, according to another judgement, it was admitted that the widow of Atlan could not be forced to deliver a certificate of authenticity for a work that had been recognised as genuine by other experts. One can therefore imagine the kind of Chinese puzzle such decisions create especially as experts appointed by the courts can sometime be wrong.

Many experts and heirs of artists have however disregarded court decisions when it comes to seize works considered as forgeries as they often believe they have discretionary powers in that matters. Furthermore they have felt inclined to becomingstrict due to the growing number of fakes on the market.

Recently a Parisian gallery owner was summoned by the Alberto Giacometti committee after submitting a pair of bronze candelabras purportedly made by the artist. Accompanied by his son and a friend, he went to the headquarters of the Committee and was then shown a genuine piece placed alongside the pair for due comparison before being told that his candelabras, considered as forgeries, would be seized and police contacted for an investigation.

Suddenly becoming furious, the dealer grabbed the three pieces and caused a brawl when he tried to reach the exit. During this  unbelievable pandemonium members of the committee however managed to call police and the three men were arrested.

In recent years, disputes involving owners of art pieces, experts or committees have thus been dramatically increasing as a result of the fast development of the market.

The problem is that experts and members of authentication committees are not all of the same calibre notwithstanding the fact that is not always an easy task for them to deliver irrefutable opinions. All the more, history has shown that some experts have been sometime dishonest. This was notably the case of Cyprus-born Paul Petrides, a former tailor who became the exclusive agent of Maurice Utrillo, the son of Suzanne Valadon whom he had met by accident while delivering a suit to André Utter, her companion.

Petrides then became a much respected dealer after making a fortune with Utrillo, an inveterate drunkard who specialised in painting hundreds of Montmartre scenes. During the occupation of France between 1940 and 1944, the dealer's gallery remained much active and met much prosperity until the early 1970s.

Petrides' downfall occurred when he was accused of receiving several paintings stolen in April 1972 from the apartment of Mr Lespinasse, the wealthy owner of the Banania chocolate company.

After breaking in that apartment thieves spent over 90 minutes to choose 31 paintings worth at that time over 4 million USD, notably works by Utrillo, Modigliani, Léger, Vlaminck, Van Dongen, Raoul Dufy, François Boucher, Sisley, Rouault and Renoir, which they took off their frames before they disappeared. However, the works stolen proved difficult to sell as they were much known on the market.

In 1973 police arrested Petrides for receiving ten of these works after seizing them in his plush gallery situated near the Elysée Palace. While eleven paintings had already found their way to Switzerland or Japan, the dealer swore he had no idea that the paintings in his possession had been stolen and lodged a complaint against Marc Francelet, a photographer who had sold these works. Appearing before a Paris court, the dealer, then aged 77, failed to convince the judges of his innocence and was sentenced on April 24, 1979 to a three-year prison sentence.

Petrides was not the only expert to be caught red-handed while other specialists officiating in auction sales received the attentions of justice for having given wrong attributions for works which were eventually authenticated as genuine. There were also some French auctioneers who were prosecuted for having bought works at low prices in their own sales whereas they were barred to do so according to the law.

Whatever their degree of competence, experts are in fact not totally efficient, meaning they are prone to making mistakes while they can sometime show some resilience to do their job properly.

In 2009 a 1915 painting by German artist Lyonel Feininger titled "The Port of Swinemünd", which came from the succession a group of Roger Spiri-Mercanton, a French film-maker, was donated to the Pompidou Museum in Paris. To ensure that it was authentic before accepting that donation the museum contacted Achim Moeller, the New York based specialist in charge of the Catalogue Raisonné of the artist, but did not bother to pay him any fee for his opinion because the painting was a gift and not intended to be sold.

Moeller refrained from giving his verdict and thus induced the museum to believe the painting was not genuine. Consequently it was returned to a grouping of charitable organisations which were the beneficiaries of the succession of Spiri-Mercanton who had no direct heir. Two years later the work was submitted to the Artcurial auction group in Paris which contacted Moller again and this time, in exchange of the fees he requested, the expert finally gave a positive opinion after conducting a thorough search about its provenance. As a result, the painting was sold at auction for over 7 million USD.

No need to say that the Pompidou Museum was more than furious against Moeller who was accused of perjury.

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