PRESS RELEASE FROM THE U. S. JUSTICE DEPARTMENT

April 17, 2001

SACRAMENTO--United States Attorney John K. Vincent announced today that two men pled guilty in federal court in Sacramento, California to multiple counts of mail and wire fraud for their participation in a ring of fraudulent bidding in hundreds of art auctions on eBay, including one last May in which an eBay user was induced to bid over $135,805 for a fake Richard Diebenkorn painting.

You remember the fake Diebenkorn on eBay, right? It was national news, and clearly eBay wanted it that way. With the perpetrators facing up to five years in prison, and fines of up to $250,000.00 a message was being sent that selling fake art on the internet could lead to real consequences.

Yet, when I spent some time surfing eBay this January I found obvious fakes throughout the eBay art category, and many of them had bids. How is this possible? Why would any seller risk posting questionable works of art after the fake Diebenkorn scandal? The answer seems to be that buyers like fakes, and are willing to take the risk of bidding on them, even when seller's take no responsibility for the authenticity of the works being sold.

It is worth noting that when the Justice Department nailed the Diebenkorn scammers, it was for rigged bidding, not for selling a fake work of art. The listing for the Diebenkorn had been full of hints that it might be by Diebenkorn, but it was never claimed to be authentic. There is no penalty for posting a "might be" on eBay, and as a result the auction site has become a Sotheby's for hicks.

Buyers who may have been bidding for Beanie Babies a few months before have wandered into the eBay Art Category, and they have decided that it is better to lose money on a fake Picasso than to play the slots at their local Indian casino. They are getting fleeced, and feeling cultured at the same time.

Its depressing to consider, but bidding on works of art that might be worth 100 times more than they are paying is a fantasy that gets quite a few people to open their checkbooks. Just envisioning the moment where the expert on Antiques Roadshow says to them "Now, I know you found this Van Gogh on eBay and only paid $200, but do you have any idea what it is actually worth?"

With nearly 200,000 listings in the art category at any one time, eBay certainly can't regulate what is being sold, and the result is that sellers of fakes are doing quite well. When I searched eBay I found "original" paintings, drawings and prints by Rembrandt, Picasso, Kahlo, Basquiat, and dozens of other famous artists. They ranged from atrocious to credible, and a surprising number had active bidding going on.

Of course, some of the bidding may be shill bidding (another serious problem on eBay), but sales are obviously being made. I wonder how many of the buyers are asking the sellers questions about the provenance of the works, or their condition, and I doubt many sellers are getting on a plane and examing the works in person before they bid. Of course, the way eBay works is that every bid gives an item a hint of credibility, and auction frenzy can result. If it might be real, who cares about dropping a few thousand?

Just how culpable are the sellers of these rogue masterpieces? Many seem to be combing estate sales, and list the art stating that they are "not experts" and that the works are sold "as-is." Of course, they also include artist biographies, information about the auction prices of verified works, and enticing hints about where they obtained the works. The great majority of these questionable works have probably been around for years: fraud is nothing new, but eBay has made the commerce in bogus works easier and increasingly lucrative. After all, eBay has broadened the audience for art, and new fools are falling off the turnip truck every day.

Anyone with an eBay feedback rating can visit a thrift store, pick up a masterpiece, and make a few bucks. Some of the fraud may be more sinister, with actual forgeries being created by the seller or their cronies, but that may involve too much effort for most.

On my recent eBay surf, I saw works that ranged from atrocious to passable, and developed a rating scale to apply to the works for sale.

The eBay Art Fraud Rating Scale

1 star: Not even close
2 stars: Could be worse
3 stars: Nice Try
4 stars: A fake of distinction
5 stars: Possibly authentic

For your education and enjoyment, here are some samples of modern art "masterpieces" recently posted for sale on eBay.

Drawing by "Picasso"

Sold on eBay, 1/30/2004 for $860.00 after 35 bids

Author's Rating: 1 star, not even close

Comments:
A pathetic Picasso, by an artist who couldn't even pass the" Draw Winky" exam found in comic books. The seller claims in came from his "grandmother's estate," and says the he is "almost sure it is authentic." I see a happy cow drawn for a Junior High School art class after a field trip to the Modern Art Museum, then signed by an underpaid art teacher.

The buyers of this work should have saved their money to buy a Kinkade.

On the upside, the Aaron Brother's frame it is displayed in could be worth at least $22.95!

Pastel and Crayon by "de Kooning"

Sold on eBay, 1/31/2004 for $4,350.00 after 6 bids

Author's Rating: 2 stars, could be worse

Comments:
What are the chances that an authentic de Kooning depicting "Woman", the artist's seminal theme from the most important era of his career, would really end up on eBay? An authentic work on paper of this type could easily clear $1 million dollars at auction, so why isn't the seller taking the time to have this one looked at by auction houses and experts?

Of course, this image doesn't even look right, but it appears that eBay bidders are still hoping they might be getting a Duesenberg for the price of a used Hyundai.

Acrylic and Oilstick by "Basquiat"

Sold on eBay, 2/03/2004 for $5,763.00 after 44 bids

Author's Rating: 3 stars, Nice Try

Comments:
According to the description on eBay, this "Basquiat" was purchased from the artist by a Doctor from Toronto. The description goes on to mention that it was purchased at the artist's Great Jones Street studio.

OK, someone has done a bit of research, but it puzzles me that this work looks like a pastiche of things Basquiat did in 1981 and 1982, sometime before he lived on Great Jones Street. I suppose the artist might have had some things from earlier years hanging around, but let's be honest here: this is a lame painting, and the brushwork and handwriting are not Basquiat. It does look like the forger was at least smoking some weed, and that is a good start.

Also, the painting is too small (16.75 x 15.25 inches) for the scale of the imagery. Gosh, do you think it was made by someone looking at a Basquiat catalog? Hmmm...

The seller hasn't bothered to show this painting to the Basquiat Estate, and of course, you and I know why. From the auction description:

"This work is being sold as an attribution since I have no approval from the estate and all sales are final. Any further speculation is the sole responsibility of the buyer."

This eBay seller has covered his ass, and made a nice profit at the same time.

Drawing by "Matisse" on a Postcard

Sold on eBay, 2/02/2004 for $338.88 after 20 bids

Author's Rating: 4 stars, a fake of distinction

Comments:
Here is a nice example of an older fake, perhaps from the 1950's. It is done on a postcard from the Matisse chapel in Vence, and appears to be dedicated to a friend of the artist.

At first glance, this seems like a nice little image, with a chance to pick up the artist's autograph. Then, take a look at the eyelashes and hair, and you will realize that none of Matisse's skill or fluidity in drawing is present. This drawing is an amateur forgery, but at least it is in the ballpark.

In the auction description, the seller acknowledges that this piece has not been seen by any expert, and does not have a certificate of authenticity. The winner of this auction is going to own a small conversation piece, and will very likely leave the seller glowing feedback. Another eBay fool has been parted from his/her money, and nobody is really going to mind.

Drawing by "Heckel" circa 1910

No Bids on eBay, 1/30/2004, opening price of $1,825.00

Author's Rating: 5 stars, possibly authentic

Author's Comments:
Works like this one are tempting. The paper is old ( the seller claims the paper has been date-tested) and the image seems credible as the work of German Expressionist Erich Heckel.

I get the feeling that this seller, may actually think the work is authentic, hence the high asking price. My guess is that even though this work has a chance of being credible, it will be a hard sell. Why? Because the bidders who bid on obvious forgeries are fools who want a big name and a low opening bid. They also want something a bit splashier.

For someone with expertise, or perhaps some expert advice, this is the kind of item that might be worth seeing in person, and perhaps even bidding on. At it's best, eBay can be a place where you can take a chance on a work of art which lacks a pedigree.

Still, if you really want a Heckel, save your money and go to Christies or Sotheby's. Works like this one will never have their authenticity verified. Of course, what if you can't afford a real one? Well, there's always eBay...