CARENA DUDNATH ART 230 Unit 7 Assignment Instructions and Worksheet.docx - Art 230 Art and Crime Professor Erin Thompson Your Name Carena Dudnath Date

CARENA DUDNATH ART 230 Unit 7 Assignment Instructions and Worksheet.docx

This preview shows page 1 - 3 out of 4 pages.

Art 230: Art and Crime Professor Erin Thompson Your Name: Carena Dudnath Date: 10/19/19 Unit 7 Assignment Prosecuting Art Fraud: Selling Fake Pollocks In this assignment, you will learn about the use of data analysis in making legal arguments about whether or not dealers have scienter (guilty knowledge) about the authenticity of the paintings they sell. Preparation: Review the unit materials on art forgery and the prosecution of art crimes. Then read this article, “ Lawsuits Claim Knoedler Made Huge Profits on Fakes .” (There is also a copy in the Unit 7 Assignment folder). Assignment: As you learned from the lecture on the prosecution of art crimes, a seller who sells a forged artwork is guilty of fraud only if there exists scienter , which means that it can be proven that the seller knew that they were selling a forgery. It is often very difficult to prove scienter , since sellers rarely leave records that would show that they definitely knew they were selling a fake. The Knoedler Gallery in New York shut down after it was revealed that a number of paintings it sold to customers as authentic works by the artist Jackson Pollock were in fact forgeries. The gallery owners bought all of these paintings from a woman named Glafira Rosales, who said that she was selling the works on behalf of an unnamed collector. In fact, she had been commissioning the paintings from an art forger. The Knoedler Gallery is now being sued by a number of customers who purchased the forgeries. These customers are accusing the gallery owners of committing fraud by knowingly selling them forgeries. However, there is no direct evidence that the gallery owners knew the paintings were forgeries. The article explains the new strategy of the plaintiffs who bought the fake Pollocks: [the plaintiffs] say the gallery should have realized that someone cannot buy undiscovered masterpieces for the prices Knoedler paid Ms. Rosales. For example, Knoedler paid her $950,000 in 2003 for the untitled Rothko that it sold the following year to the De Soles for a 773 percent markup. John D. Howard, another former Knoedler customer who is suing, paid $3.5 million for a work said to be by Willem de Kooning (plus a $500,000 commission to an intermediary dealer), a 366 percent markup over the $750,000 that Knoedler had paid to Ms. Rosales just two days earlier. In his complaint Mr. Howard’s lawyer, John Cahill, described the $750,000 as “a price so low it virtually announced its dubious nature.” 1
Image of page 1

Subscribe to view the full document.

In other words, the plaintiffs are arguing that someone who buys a painting at a low price and then resells the painting for much higher price must know that the painting is a forgery, because nothing else would explain the difference in prices.
Image of page 2
Image of page 3
  • Spring '16
  • Colin Campbell

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes