BEYOND READILY APPARENT IDENTITY

Transcription

1 BEYOND READILY APPARENT IDENTITY Due Diligence Standards for the Appraisal of Art Presented by: Cindy Charleston-Rosenberg, ISA CAPP ART APPRAISAL FIRM, LLC 1

2 Does it look, swim, quack like the SUBJECT duck? 2

3 HIGHLIGHTS OF TODAY S DISCUSSION Common pitfalls unique to art for generalists and specialists When appraiser research is sufficient When and how to go further Transparently reporting results 3

4 AM I QUALIFIED TO ASSUME READILY APPARENT IDENTITY? Qualification Standards Are Consistent Across Specialties: Relevant experience or training Sufficient exposure A credible readily apparent identity assumption is more than a meaningless disclaimer. It is a qualified, supported opinion, more likely to withstand the scrutiny of a due diligence challenge. Points of reference No physical or factual basis for doubt 4

5 PRACTICE STANDARDS FOR ART Common pitfalls 5

6 PITFALL #1 IGNORING RED AND YELLOW FLAGS Without further research and/or support If any of the following apply: The work has been excluded from a definitive catalogue raisonné The work has been disclaimed by the authority or artist Fakes or forgeries are known to be endemic (Dali prints) Any physical characteristics or attributes are inconsistent There is any factual or physical basis for doubt You are unqualified to offer a credible opinion of RAI 6

7 PITFALL #2 - ALWAYS USING AN RAI RAI is a lower standard than definitively confirmed Examples of accepted confirmations of authenticity: Included in a definitive catalogue raisonné or monograph Will be included in a forthcoming definitive catalogue raisonné or monograph Confirmed by the recognized authority or representative Included in an exhibition vetted by the current recognized authority Purchased directly from the artist or confirmed by the artist Uninterrupted, confirmed chain of provenance *Vet sources, confirm standards and use the appropriate extraordinary assumption 7

8 PITFALL #3 Over-reliance on inadequate confirmation Market events, superficial characteristics and lesser authorities 8

9 PAST AUCTION SALES ART FORGERY SCANDAL SENDING SHOCKWAVES THROUGH THE ART WORLD Old Masters Scandal Hals sold in private sale brokered by Sotheby s in 2011, reportedly at $10 million Approximately 25 fake or misattributed works placed on the market from the same collection $252 million estimated to have been paid by collectors 9

10 EMINENT GALLERY SALES Highlights of The Knoedler Forgery Scandal Prior to the scandal, one of the most respected galleries in America, with a sterling reputation; in business since 1846 Placed works on the market, later confirmed to be fakes, at a cost of more than $80M to collectors Low wholesale prices paid, all to the same source Excess authenticity fees No provenance details 10

11 OBSOLETE, BIASED OR UNAUTHORIZED OPINIONS Rothko Expert Oliver Wick Was a curator at the Beyeler Foundation Confirmed the work and included it in a Beyeler exhibition Reportedly paid $150,000 by buyer and $300,000 by Knoedler to confirm the work Undisclosed out of court settlement David Anfam is the author of the Mark Rothko catalogue raisonné 11

12 EXHIBITIONS UNLESS VETTED BY THE ACCEPTED AUTHORITY 12

13 SIGNATURES Note to Forgers: Don't Forget Spellcheck 13

14 LABELS & INSCRIPTIONS 14

15 UNCONFIRMED PROVENANCE 15

16 MANY CERTIFICATES OF AUTHENTICITY 16

17 INADEQUATE CONFIRMATION These events or physical characteristics alone should not tempt the appraiser into applying a readily apparent identity assumption Past auction sales even top-tier, unless the proper authority was consulted Eminent gallery sales Signatures, plaques, labels, inscriptions Obsolete, discredited or unauthorized opinions Prior appraisals Unvetted exhibitions Unconfirmed provenance Undocumented family history Certificates of authenticity unless executed by the recognized authority 17

18 APPRAISER RESEARCH Enough is enough 18

19 MANY CATALOGUES RAISONNÉ ARE ONLINE 19

20 MISATTRIBUTED CALDER PRINTS Calder Foundation 20

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23 REPLICAS Appraised for insurance for $30,000 with an RAI disclaimer and citing adjustments from auction results for edition size and dimensions 23

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25 CASE STUDY: DONALD SULTAN, EIGHT ORANGES,

26 CASE STUDY: DONALD SULTAN, EIGHT ORANGES, 1992 Objective: insurance coverage Work sold in the artist s lifetime by Knoedler, an authorized representative Provenance included a sale through William Campbell Gallery Consultation with Pam Campbell resulted in the discovery of a 1997 Knoedler insurance appraisal Freedman Art confirmed Knoedler gallery label and appraisal 26

27 CASE STUDY: DONALD SULTAN, EIGHT ORANGES, 1992 Donald Sultan Two Oranges, 1992 Sotheby s: 2014 $12,500. In applying RAI assumption consider: Objective Client exposure Your qualifications Offering client the option to go further Credible basis for an RAI assumption is distinct from authentication 27

28 CASE STUDY: PORTRAIT OF LT. GAMBLE Attributed to Anthony De Rose Equestrian Portrait of Maddox Attributed to De Rose Promising, early National Academy artist Died in 1836 at 33 years of age Descended in the Gamble family By oral family history attributed to De Rose Age, quality and materials are appropriate Unsigned With Permission: National Museum of the Marine Corps 28

29 CASE STUDY: PORTRAIT OF LT. GAMBLE Attributed to Anthony De Rose 29

30 Equestrian Portrait of Maddox Attributed to De Rose CASE STUDY: PORTRAIT OF LT. GAMBLE Attributed to Anthony De Rose Trumbull's Equestrian Portrait of Washington Minimum output - limited reference points No factual basis for attribution No demonstrable market demand for works by De Rose (apart from age and quality) Basis for Credible RAI Assumption? No relevant appraiser experience or training No object exposure No points of reference With Permission: National Museum of the Marine Corps Attributed to Anthony Lewis De Rose ( ) 30

31 WHEN YOU NEED TO GO FURTHER Pitfall #4 Failure to obtain informed consent 31

32 CASE STUDY: ATTRIBUTED TO ALEXANDER CALDER Portrait of A. Sterling Calder With permission: Rhode Island School of Design 32

33 Work is a portrait of A. Sterling Calder Letter from known family friend certifying the work Dated during a period when Calder was known to be living in Paris Paris Gallery Stamp on stretcher Inscription on verso: A. Sterling Calder by his son Sandy ca 1923? or earlier? 33

34 VERDICT - NANETTE LEDERER CALDER Portrait of Margaret Calder Hayes 34

35 CASE STUDY: SIGNED JOHN LAFARGE Intended use: estate tax liability Collector bought predominantly at small local auction houses Collector did not keep records Work is age appropriate Signed John LaFarge With permission of the estate representative 35

36 With permission of the estate representative 2003 auction result: $355,000 36

37 Note to self: You are not a handwriting expert Subject signature 37

38 THE VERDICT 38

39 GOING FURTHER Responses from Eminent American Art Galleries could not be more wrong. How was the putative La Farge acquired? I wouldn t touch it. In my opinion, all four of these are fakes the LaFarge could have a remote chance, so it might be worth contacting [expert name redacted]. I certainly wouldn t waste my time doing more research on the other three and my gut tells me that they all four are wrong. 39

40 CASE STUDY: APPRAISED AND EXHIBITED AS FRANCESCO ZUCCARELLI Intended use: donation Style and materials consistent with Zuccarelli Age appropriate Verbal history attributed to Zuccarelli Plaque affixed to frame identifies as Zuccarelli In collection for 40+ years Exhibited as a work by Zuccarelli Unsigned Prior eminent gallery appraisal with RAI assumption With Permission: Collection of DuPont Corporation, Hotel DuPont No acquisition history 40

41 AUCTION DATA FOR FOLLOWERS OF, CIRCLE OF OR LOOSE ATTRIBUTIONS TO ZUCCARELLI 41

42 AUCTION DATA FOR WORKS BY ZUCCARELLI 42

43 TOOLS Finding the right reference and proper authority 43

44 IFAR CATALOGUE RAISONNÉ SEARCH 44

45 WorldCat 45

46 GOOGLE BOOK PREVIEW 46

47 AUTHENTICATION EXPERTS ARE OFTEN CITED IN AUCTION LISTINGS Diamond Sponsor 47

48 RESOURCES The good, the bad and the ugly 48

49 ONLINE CATALOGUES RAISONNÉ Confirm you are consulting the definitive reference 49

50 NON-AUTHORITATIVE ATTRIBUTIONS Artist was listed in the Frick archives as Robert Feke (since corrected) Exhibited at PAFA in 1959 as Feke Uninterrupted provenance - descended in the family of the sitter According to oral family history by Feke Confirmed as a work by John Hesselius for a PMA exhibition Portrait of Lynford Lardner by John Hesselius 50

51 OBSOLETE ATTRIBUTIONS 51

52 CONFIRM CURRENT AUTHORITY Confirm you are consulting the recognized authority 52

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54 DO IT YOURSELF PICASSO AUTHENTICATION 54

55 TRANSPARENTLY REPORTING RESULTS 55

56 Sample Language: Lower Value Assignments EXTRAORDINARY ASSUMPTIONS Extraordinary assumptions, as defined by the version of USPAP, are assignment-specific assumptions, which if found to be false could alter the resulting opinion or conclusion. The following extraordinary assumptions apply to this appraisal assignment: Authenticity: Authorship is a critical aspect of valuation. It should be understood that qualified authentication opinions are not absolute and are susceptible to amendment over time as new information, testing techniques and scholarship become available. The works in this appraisal have been valued on the assumption of authenticity, based on their readily apparent identities. This assumption is supported by the following factors: The subject works appear to be of the appropriate age, materials and quality generally associated with the subject artists. The appraiser has not identified any other physical features casting doubt on authorship. The appraiser has not identified any factual circumstances casting doubt on authorship and considers the information she has been supplied to be credible. The appraiser is familiar with the work of the subject artists and has examined and appraised numerous similar examples over the course of 25 years. The appraiser is not aware of a significant number of known forgeries on the market that have been wrongly attributed to the subject artists. Although the appraiser considers herself qualified by training and experience to make these observations, she is not an authentication authority. The appraiser has determined that further research to confirm authorship is not warranted for this assignment; however, this appraisal is not and should not be interpreted as a warrant of authenticity. The fair market value conclusions would be affected should authenticity be disproved. This sample language will not relate to every assignment. Remember to always carefully review your boilerplate to be fully relevant to the specific assignment. 56

57 Sample Language: High Value Assignments EXTRAORDINARY ASSUMPTIONS Extraordinary assumptions, as defined by the version of USPAP, are assignment-specific assumptions, which if found to be false could alter the resulting opinion or conclusion. The following extraordinary assumptions apply to this appraisal assignment: Authenticity: Confirmation of authorship is a critical aspect of valuation. It should be understood that the authentication process is not absolute and is susceptible to amendment over time as new information, testing techniques and scholarship become available. The following steps have been taken to confirm authorship of the subject works in this appraisal: The N.C. Wyeth painting, The Home Seekers, is included in the N. C. Wyeth Catalogue Raisonné, complied by Christine Podmaniczky, Curator, N.C. Wyeth Collections and Historic Properties at the Brandywine River Museum of Art. Podmaniczky is the recognized living authority on the work of the artist. The Harriet Frishmuth sculpture, Call of the Sea, is included in the authoritative Frishmuth Catalogue Raisonné, compiled by Janis Conner, et al., Captured Motion, The Sculpture of Harriet Whitney Frishmuth. The Rembrandt Peale painting, Portrait of George Washington, is referenced and illustrated in a recent publication by Carol Eaton Soltis, The Art of the Peales: Adaptations and Innovations. Dr. Soltis is the recognized living authority on the Peale family of painters. The Childe Hassam painting, Apple Trees in Bloom, was included in a the Metropolitan Museum of Art exhibition: Childe Hassam: American Impressionist, June 10-September 12, 2004, vetted by Kathleen M. Burnside, who is in the process of compiling a definitive Hassam catalogue raisonné. In accordance with accepted professional art appraisal and general art market standards, the above works are presumed to be authentic works by the subject artists. The appraiser is familiar with and has appraised numerous works by Nelson Shanks and has not identified any apparent physical features or factual circumstances related to the work causing her to doubt its authenticity. It appears to be of the appropriate age, materials and quality generally associated with the artist. An uninterrupted chain of ownership has been established through the family of the subject. Based on these factors and the absence reasons to suspect authorship, such as a significant number forgeries in this market, further research to document authenticity for this work was considered unwarranted. However, it should be understood that the appraiser is not a qualified authenticator for the subject artists. Although reasonable efforts have been made to confirm authorship, this appraisal is not and should not be interpreted as a warrant of authenticity. The fair market value conclusions would be affected should authenticity later be disproved. This sample language will not relate to every assignment. Remember to always carefully review your boilerplate to be fully relevant to the specific assignment. 57

58 When the Expert Says No : Sample Language EXTRAORDINARY ASSUMPTIONS: Extraordinary assumptions, as defined by the version of USPAP, are assignment-specific assumptions, which if found to be false could alter the resulting opinion or conclusion. The following extraordinary assumptions apply to this appraisal assignment: 1. Authenticity: Authorship is a critical aspect of valuation. It should be understood that qualified authentication opinions are not absolute and are susceptible to amendment over time as new information, testing techniques and scholarship become available. A. Works appraised as Circle or Follower of Francisco Zuccarelli: The four works previously attributed by verbal history to Francesco Zuccarelli have been reviewed by the accepted Zuccarelli expert, Dr. Federica Spadotto. Dr. Spadotto is the author of the definitive Zuccarelli catalogue raisonné and has, according to her website, served as an expert to the Italian government on 18th century Italian landscape paintings. The major auction houses reference her as the expert consulted for comment and authentication for works by Zuccarelli, and she is listed as the author of the artist's catalogue raisonné on the International Foundation for Art Research (IFAR) website. After reviewing high-resolution photographs of the recto and verso of the paintings, Dr. Spadotto has ruled out Zuccarelli as the creator of the four 18th century Italian works in this assignment. In her opinion, they are works by a follower of the artist and are of the period. Accordingly, these works are appraised as circle or follower of Zuccarelli, based on the extraordinary assumption that Dr. Spadotto s opinion is accurate. However, it should be understood that the appraiser is not a qualified authenticator for the subject artists and that authenticity is an opinion, subject to revision as new information and techniques become available. Although reasonable efforts have been made to confirm authorship, this appraisal is not and should not be interpreted as a warrant of authenticity. The fair market value conclusions would be affected should Dr. Spadotto s opinion subsequently be disproved. 58

59 SUMMARY RAI ASSUMPTIONS MUST HAVE A QUALIFIED AND CREDIBLE BASIS RAI ASSUMPTIONS ARE NOT APPROPRIATE FOR EVERY ASSIGNMENT CONFIRM YOU ARE CONSULTING THE RECOGNIZED AUTHORITY DUE DILIGENCE 59

60 BEYOND READILY APPARENT IDENTITY Due Diligence Standards for the Appraisal of Art Presented by: Cindy Charleston-Rosenberg, ISA CAPP ART APPRAISAL FIRM, LLC 60