| (Webinar via Zoom) The Art of the Fraud: Copies, Fakes, Forgeries, Counterfeits, Homages and Replicas: why are so many art frauds never prosecuted and why are fraudsters celebrated? |
| Date: |
13 August 2024 (Tuesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for) |
| Ref: |
L24OT20 |
| Venue: |
Webinar Course
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Presenter's Biography:
Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, art, antiquities, cultural heritage and the law, and digital technology and law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property law. Steven's research interests include equity and the law of trusts, Chinese custom and law, cultural heritage law, and law and technology.
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Objective:
In 2011, one of the world's most renowned art dealerships, M. Knoedler & Co., based in New York City, was forced to close its doors. This was in consequence of the story breaking that the Gallery had been selling fake artworks, attributed to some of the world's most famous and expensive artists, including Jackson Pollock and Mark Rothko. Subsequently, there were high profile attempts to bring civil and criminal actions against the Gallery, its officers, those who had sold the paintings to the gallery, and the artist who created the fakes. The only person to go to prison was the art dealer who sold the paintings to the Gallery, Glafira Rosales, who pleaded guilty and served three months in prison for wire fraud, money laundering, and tax evasion. For her conviction for the fraud she was sentenced to nine months' house arrest and three years' probation. A relatively light sentence when the fraud was for over US$80 million. The artist, who admitted creating the imitation works, Pei-Shen Qian, was indicted but fled to China, where he now has a studio. This three-hour seminar will consider the difficulties in bringing civil and criminal actions against those involved in art frauds. The topics include the issues in deciding if an artwork is an original or a copy, a tribute, a fake, and/or a fraud. The seminar will consider the civil actions that may be pursued and the possible remedies that may be available to a successful plaintiff. . The seminar will then consider the criminal actions that may be brought, and why they are often difficult to establish, especially against the artists who create the artworks. The seminar will consider some of the most famous cases which have been brought to trial involving fake artworks and why, often, these have seen the artists involved being relatively lightly punished if they are found guilty. We will also consider why these artists are often treated as the "royalty" of art crime, achieving fame and fortune after their exploits have been publicized, with published books about their lives, television shows and feature films, and their works, previously ignored or ridiculed, now collectible in their own right. This"royalty" of art "crime" includes Han van Meegeren, Eric Hebborn, Tom Keating, Elmyr de Hory, Tony Tetro, Wolfgang Beltracchi, Shaun Greenhalgh and Pei-Shen Qian; although, for clarification, a number of these artists have never been convicted of any crime. The seminar will conclude by considering how solicitors may assist their clients in avoiding buying fake artworks, if the client does not want to buy a fake.
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Outline:
- Differentiating copies, homages, replicas, fakes, forgeries, and counterfeits;
- The civil actions that may be maintained involving fakes and copies of artworks;
- The crimes that may be committed using fakes and copies of artworks;
- Why so many art frauds are never prosecuted and why fraudsters are celebrated;
- Case studies of civil and criminal actions involving the "royalty" of art crime, their fakes and copies of artworks;
- Technology and fake art;
- How to advise collectors and investors to avoid fakes and copies of artworks, if they want to avoid them.
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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