Norval Morrisseau fraud case highlights why it's so hard to catch art criminals in Canada
There's a call for resurrection of a national team investigating art crimes
High-end art fraud can seem like something out of a Mission Impossible movie, with suave criminals in black turtlenecks stealing a masterpiece from people wealthy enough to weather the loss.
In reality, organized crime groups with ties to darker trades are behind much of the art-related crime in Canada and around the world. One example of that is a recent court case in Thunder Bay, Ont., that police say became the largest art fraud ring in Canadian history.
Gary Lamont, the leader of the Norval Morrisseau fraud ring, had a criminal record spanning decades of narcotics trafficking, sexual assault and fraud convictions. Last week, he was sentenced to five years of incarceration, with credit for one year of time served.
According to the agreed statement of facts, starting in 2002, Lamont oversaw the production and distribution of hundreds of forged artworks falsely attributed to Morrisseau, an Anishinaabe artist who died in 2007.
Police, legal and other officials say a sentence like this is rare, despite being a serious crime, and many art criminals never see prison time due to limited art-crime specific investigative resources for police forces in Canada.
Art crime is not just a rich man's problem — it's a major problem.- Christopher Marinello, CEO of Art Recovery International
Art-related fraud can be difficult to investigate, especially for the average person without a background in art history.
"We went to the FBI to get advice on how to do something like this because it was foreign to us," said Thunder Bay Police Services Det. Sgt. Jason Rybak, lead investigator on the Morrisseau case.
Christopher Marinello, a lawyer and chief executive officer of Art Recovery International based in New York, said criminals often make hundreds of millions of dollars from fake and stolen art, but rarely see legal consequences.
Art crime amounts to an estimated $6 billion to $8 billion each year, according to the Sotheby's Institute of Art. Between 2005 and 2015, the FBI's art crime team said it recovered more than $160 million worth of art in its first decade of operation.
"They move [art] to buy drugs, weapons. They could even be used to fuel international terrorism," said Marinello. "Art crime is not just a rich man's problem — it's a major problem."
The oft-romanticized idea from Hollywood means many people don't take art crime seriously, said Marinello.
"The art world is a very soft spot. It's a lot easier for them to get a light sentence dealing in fake artworks than dealing in drugs."
The five-year sentence Lamont received is more than the "slap on the wrist" art criminals usually receive, said Marinello. He hopes this is a sign that prosecutors are beginning to understand the gravity of art crime.
The case against the Morrisseau fraud ring was prosecuted through the Ontario Serious Fraud Office, a newly formed initiative that brings police and prosecutors together to try to tackle major frauds through centralized investigations.
But art-specific investigative teams like this are rare in Canada.
Quebec better at tackling art fraud
There used to be a specialized unit investigating art fraud across Canada.
The Sûreté du Québec/RCMP Integrated Art Crime Investigation Team had two officers from Quebec provincial police, an RCMP officer who specializes in copyright and counterfeit money, and a civilian officer with a master's degree in art history. It worked with Interpol and the Canada Border Services Agency (CBSA) to track alleged crimes with international reach.
"The RCMP is no longer part of the Integrated Art Crime Investigation Team. At this time, there is no consideration within the RCMP to create a federal art fraud investigation unit," the RCMP told CBC in an emailed statement.
"The officers that composed the team are back in their own organization working within their fraud departments," the SQ said in an emailed statement. "The Sûreté du Québec/Montreal police/RCMP Integrated Art Crime Investigation Team that existed before has been modified to reflect the reality of today's work."
They still provide assistance to Québec police forces on art fraud and theft files, said the statement. It also uses an alert system to help auctioneers and gallery owners stay on the lookout for crime-linked works.
Ontario Provincial Police said art fraud investigations currently are handled by OPP Financial Crimes Services.
Cory Dingle, executive director of Morrisseau's estate, credits the integrated art crime investigation team for cracking down on art fraud in Quebec. While the estate is aware of roughly 4,000 fraudulent Morrisseau works in Ontario, B.C. and Alberta, few fakes seem to have made it to Quebec.
"In our second largest province in population, Quebec, we only saw three."
This is because fraudsters knew Quebec had a dedicated art crime team, said Dingle, and chose to seek out easier markets in other provinces that are less equipped to tackle art fraud.
Push for national art crime unit
Expecting each individual victim of art fraud to pursue a case in their corresponding jurisdiction is an inefficient use of resources, said Dingle.
"Why would we want to create 5,000 criminal [and] civil lawsuits and pack the courts? That's insane," he said. "If we had a federal response, we can bundle it all up at once."
The Department of Canadian Heritage did not provide a response when asked how they were responding to art fraud, instead directing CBC to contact the RCMP.
"Canada is a major art world player and they should have an art crime team," said Marinello. "But we're also seeing cuts in law enforcement all over the world, and these art crime teams seem to be the first to go."
"At this time, there is no consideration within the RCMP to create a federal art fraud investigation unit," the RCMP told CBC in an email. "When assessing whether the RCMP Federal Policing will undertake a fraud investigation, it is assessed against the RCMP National priorities."
Marinello said the Integrated Art Crime Investigation Team was incredibly effective and he would like to see it resurrected.
"If that's something that the government wants to invest in, then I mean it's a great thing," Rybak said.
While art crime is something police want to devote resources to, he said it's one of many issues in Thunder Bay that investigators have to spread limited resources across.
"The crimes that we deal with in the city here, the homicides and the homicide rate we have would take precedence over fraud. But I don't think they're any less serious in nature. It's just they're prioritizing how they're investigated."
First Nations art devalued by fraudsters
Ontario Regional Chief Glen Hare of the Chiefs of Ontario said in a community impact statement that the fraudulent activity relating to Morrisseau's works is a form of cultural theft of a master Anishinaabe artist.
"These forgeries have exploited our culture for criminal, financial gain," said Hare. "This may lower the retail value of our artists' work."
Morrisseau's legacy was irrevocably tarnished, he said.
"There will be lasting consequences on the legitimacy of other First Nations artists and art on the market."
Many of the victims who submitted impact statements said they were afraid to buy First Nations art out of fear of being defrauded again.
"I do not think we will ever purchase another painting of any [Indigenous] Canadian artist. Our trust has been violated," said a victim who had hoped to pass down their collection of Morrisseau paintings to their children.
"This, at a time of reflection on truth and reconciliation, makes it difficult for us to consider the purchase of works from local artists," said the statement of a couple who spent thousands of dollars on fraudulent Morrisseau works. "We have lost any degree of confidence that we are directing our dollars and enthusiasm to those who deserve our recognition and support."
The fraud has also impacted art dealers, said gallery owner Sophia Lebessis, who is Inuk.
"This is your livelihood. You're dedicating your time, your resources to promoting Indigenous artwork," said Lebessis, who owns Transformation Fine Art, a Calgary-based gallery of Inuit and First Nations art. Finding out that the art you thought was legitimate may be fake can be devastating both financially and emotionally, she said.
"You're filled with rage and disappointment on a cultural level because it's like, here's another aspect of our lives that are just taken over and destroyed."
Art fraud has left the estates of many significant Canadian artists considering leaving Canada and incorporating in another country, said Cory Dingle, executive director of Norval Morrisseau's estate.
Lasting impact on Canadian art
The impact of Canadian art fraud has reverberated throughout the world, said Dingle.
Saturating the market with cheap fakes also brings down the price of other Canadian artists' work, and international galleries and museums become more wary of buying from Canadian artists.
"The world knows that Canada is this 'Wild West,'" said Dingle. "The whole international community knows that we are just a dumping ground of fakes."
Dingle said the estates of Morrisseau and other famous Canadian artists were considering incorporating in France, in hopes of gaining greater legal protection from art fraud.
"We're going to bundle all of Canada's greatest artists, all of our culture and heritage, and physically move out of Canada because we're not being protected enough."
But Marinello said there's no place in the world that is completely safe from art crime.
"Wherever the money is, that's where art fraud is taking place. It happens every day in every major city of the world," said Marinello.
"It's very common everywhere and I wouldn't isolate Canada as any better or any worse."
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