Frauds in Auctions and International Collecting: Crimes, Risks and Legal Defense
The international market of auctions and collecting moves billions of euros every year, involving artworks, antiques, and luxury items. Auction and collecting frauds represent a growing risk in a sector that is both exclusive and vulnerable, where forgeries, scams, and legal disputes are frequent. Fraud in this area can lead to serious economic and criminal consequences for collectors, dealers, auction houses, and investors.
Auction and Collecting Frauds: The Most Common Offenses
The international collecting sector is exposed to various criminal risks, including:
- False attribution of works to renowned artists or significant historical periods
- Price manipulation through fake bids or collusive agreements
- Sale of counterfeit items accompanied by forged certificates
- Payment scams, such as non-delivery of purchased goods or demands for inflated sums
- Money laundering through the purchase and resale of artworks
When proven, these behaviors entail significant criminal liability. Among the most commonly charged offenses are:
- Aggravated fraud (Art. 640 of the Italian Criminal Code) → penalty of up to 6 years imprisonment
- Forgery of works of art → up to 8 years imprisonment
- Money laundering and self-laundering → penalties of up to 12 years
Legal Defense in Auction Disputes
If involved in an investigation or legal proceedings in the art and collecting market, it is essential to adopt a structured legal defense strategy. The defense may include:
- Legal and technical analysis of the disputed artworks
- Expert evaluations and documentation to verify authenticity and provenance
- Defense in criminal proceedings for fraud, forgery, or receiving stolen goods
- Assistance in civil cases related to fraudulent sales or contract termination
- Defense against money laundering charges, especially in transnational cases
In some situations, the defense also involves preventive action: for example, through the monitoring of online auction platforms, legal analysis of NFTs and digital art, or verification of documentation before finalizing a transaction.
Frequent Disputes and Protection Strategies
In the international market of auctions and collecting, the following disputes are increasingly frequent:
- Works sold with fake certificates or incomplete documentation
- Bidding scams, resulting in financial loss for buyers or sellers
- Fraud in the NFT market, which is growing in the digital art world
- Theft of cultural assets, sometimes subject to international claims
In the presence of legal proceedings, it is crucial to:
- Prove the good faith of the party involved
- Gather documentary evidence to disprove the accusations
- Negotiate out-of-court settlements where possible, to avoid reputational damage or criminal trials