Abstract
Focusing on the case of Inigo Philbrick and his alleged fraudulent overselling of artworks by Rudolf Stingel, we offer a new theory of art market scandal that builds upon Alexander’s framework of the pure and impure, and Adut’s concept of transgressive publicity. We argue that the presence of an art market creates latent impurity, according to the Hostile Worlds conception of markets as an impurification of art. The further financialization of an artwork into shares redoubles money’s impurification of art by creating what we term a financial simulacrum. Philbrick’s case allows us to expand Adut’s theory from mapping an art scandal of moral decency to conceptualizing an art market scandal of financial transgression. We argue that financial transgression—as enabled by the increased securitization of art—depends on the persona of the art dealer as intermediary, a projection that is itself a simulacrum. Thus, we frame Philbrick archetypally as hydroponic, validated, novel yet neutral, and self-pardoning. Drawing on interviews of expert insiders and close reading of court documents and press articles, we contribute a model of art market scandal that encompasses the dual artistic and financial nature of traded artworks and the shared art-industry risk of regulation.
Similar content being viewed by others
Notes
The category of “theft” includes looting and sale under duress as well as burglary or art heist.
Other perpetrators of art world scandal have shared this placelessness, in particular Michel Cohen, the scandalized French art dealer who defrauded U.S. investors and currently lives outside extradition reach as a French national living, purportedly, in France. What Cohen said of his time in the U.S. might apply to Philbrick as well: “Americans always think that someone from somewhere else is going to know more than they do” (Engle 2019, 14:40).
He shares the distinctive profile of quiet demeanor yet brazenly luxurious personal style with Jho Low, the Harrow-educated Malaysian scion of the 1Malaysia Development Berhad (“1MDB”) scandal. That scandal ensnared Goldman Sachs, the Malaysian government, and an assortment of Hollywood celebrities in Low’s alleged embezzlement of $4.5 billion from Malaysia’s sovereign wealth fund (Hope and Wright 2018). Physically, Philbrick cultivated a shiny, well-dressed youthfulness in line with such art-and-fashion luminaries as Anna Delvey, who falsely presented herself as a Russian heiress and defrauded friends and investors on a non-existent Manhattan real estate investment (Pressler 2018).
Philbrick’s disappearance may have exacerbated his legal consequences because it gave the impression of trying to go to a locale without U.S. extradition, even though in fact Vanuatu did not meet that criteria.
An NFT is a type of token on the Ethereum blockchain that can allow a digital image or other file to function as an original and singular (i.e., non-fungible) object whose singularity is recorded on the blockchain. Blockchain is a distributed ledger technology, meaning a special database structure in which one can create public trust in records without having to trust a central authority as the recordkeeper.
References
Abbott, A. 1992. What do cases do? Some notes on activity in sociological analysis. In What is a case? Exploring the foundations of social inquiry, ed. C.C. Ragin and H.S. Becker, 53–82. Cambridge: Cambridge University Press.
Adut, A. 2008. On scandal: Moral disturbances in society, politics, and art. Cambridge, UK: Cambridge University Press.
Alexander, J.C. 1989. Structure and meaning. New York: Columbia University Press.
Alexander, J.C. 2006. The civil sphere. Oxford: Oxford University Press.
Alexander, V.D., and A.E. Bowler. 2018. Scandal and the work of art: The nude in an aesthetically inflected sociology of the arts. Cultural Sociology 12 (3): 325–342.
Artory.com. n.d. ‘How it works,’ Artory.com, https://www.artory.com/how-it-works/. Accessed 22 Dec 2020.
ArtTactic. 2017. Rudolf Stingel: Art market report—2017. London: ArtTactic.
ArtTactic. 2018. Rudolf Stingel: Art market report—2018. London: ArtTactic.
Baudrillard, J. 1994. Simulacra and simulation. Trans. S.F. Glaser. Ann Arbor: University of Michigan Press.
Baumol, W.J. 1986. Unnatural value: Or art investment as floating crap game. American Economic Review 76: 10–14.
Becker, H. 2008. Art worlds, 2nd ed. Berkeley: University of California Press.
Behrman, S.N. 2002 [1951]. Duveen: The story of the most spectacular art dealer of all time. New York: The Little Bookroom.
Beisel, N. 1993. Morals versus art: Censorship, the politics of interpretation, and the victorian nude. American Sociological Review 58 (2): 145–162.
Bernstein, J. 2020. ‘The talented Mr. Philbrick,’ New York Times, March 13. https://www.nytimes.com/2020/03/13/style/inigo-philbrick.html. Accessed 22 Dec 2020.
Black, F., and M. Scholes. 1973. The pricing of options and corporate liabilities. Journal of Political Economy 81 (3): 637–654.
Bourdieu, P. 1984. Distinction: A social critique of the judgment of taste (trans: Richard Nice). Cambridge, MA: Harvard University Press.
Bourdieu, P. 1993. The field of cultural production, or: The economic world reversed. In The field of cultural production, ed. R. Johnson, 29–73. New York: Polity.
Bowley, G. 2020. Court ruling in Monaco ends one piece of a $2 billion art dispute, New York Times, 8 July, https://www.nytimes.com/2020/07/08/arts/design/yves-bouvier-art-fraud-monaco.html. Accessed 26 Dec 2020.
Buchholz, L., G.A. Fine, and H. Wohl. 2020. Art markets in crisis: How personal bonds and market subcultures mediate the effects of COVID-19. American Journal of Cultural Sociology 8 (3): 462–476.
Carrigan, M. 2018. Major Ebsworth collection sale at Christie’s marks the first blockchain-recorded auction, The Art Newspaper, 11 October, https://www.theartnewspaper.com/news/major-ebsworth-collection-sale-at-christie-s-marks-the-first-blockchain-recorded-auction. Accessed 22 Dec 2020.
Cohen-Solal, A. 2010. Leo and his circle: The life of Leo Castelli. New York: Knopf.
Coslor, E. 2010. Hostile worlds and questionable speculation: Recognizing the plurality of views about art and the market. Economic Action in Theory and Practice: Anthropological Investigations. 30: 209–224.
Dekking, N. 2016. The art market: From chain of trust to chain of transparency [transcript of presentation]. Authentication in Congress, 13–16 May. http://authenticationinart.org/pdf/papers/nanne-dekking-speech.pdf. Accessed 22 Dec 2020.
Engle, V. 2019. The $50 million art swindle [film]. London: BBC Two.
Espeland, W.N., and M.L. Stevens. 1998. Commensuration as a social process. Annual Review of Sociology 24 (1): 313–343.
Fourcade, M. 2011. Cents and sensibility: Economic valuation and the nature of “nature”. American Journal of Sociology 116 (6): 1721–1777.
Gabriel, M. 2017. Ninth street women: Lee Krasner, Elaine de Kooning, Grace Hartigan, Joan Mitchell, and Helen Frankenthaler: Five painters and the movement that changed modern art. New York: Little, Brown.
Gaskin, S. 2020. The Basquiat behind art dealer Inigo Philbrick’s indictment, Ocula, July 17. https://ocula.com/magazine/art-news/art-dealer-inigo-philbrick-indicted-for-fraud/. Accessed 22 Dec 2020.
Gerber, A. 2017. The work of art. Value in creative careers. Stanford: Stanford University Press.
Goetzmann, W.N. 1993. Accounting for taste: Art and the financial markets over three centuries. American Economic Review 83 (5): 1370–1376.
Grampp, W.D. 1989. Pricing the priceless. New York: Basic Books.
Greenland, F. 2021. Ruling culture: Art police, Tomb Robbers, and the rise of cultural power in Italy. Chicago: University of Chicago Press.
Grossman, J. 2013. Former Knoedler president Ann Freedman reaches settlement with fellow art dealer in defamation suit, Art Law Blog, 17 December. https://www.grossmanllp.com/Former-Knoedler-President-Ann-Freedman-Reaches-Settlement. Accessed 26 Dec 2020.
Heath, C. 2012. The dynamics of auctions: Social interaction and the sale. Cambridge, UK: Cambridge University Press.
Heinich, N. 2005. The glory of Van Gogh: An anthropology of admiration. Princeton: Princeton University Press.
Hope, B., and T. Wright. 2018. Billion Dollar Whale: The Man Who Fooled Wall Street, Hollywood, and the World. New York: Hachette.
Jacobs, M.D. 2005. The culture of savings and loan scandal in the no fault society. In The Blackwell companion to the sociology of culture, ed. M.D. Jacobs and N.W. Hanrahan, 364–380. Malden, MA: Blackwell Publishing.
Karpik, L. 2010. Valuing the unique: The economics of singularities. Princeton: Princeton University Press.
Khaire, M. 2017. Culture and commerce: The value of entrepreneurship in creative industries. Stanford, CA: Stanford University Press.
Kinsella, E. 2019. A bombshell lawsuit claims that high-flying art dealer Inigo Philbrick swindled his clients by selling the same Rudolf Stingel again and again, Artnet News, November 8. https://news.artnet.com/art-world/inigo-philbrick-lawsuit-1699095. Accessed 22 Dec 2020.
Kinsella, E. 2020a. ‘He didn’t hide who he was’: Locals describe disgraced art dealer Inigo Philbrick’s carefree life on the lam on a South Pacific island. Artnet News, 17 June. https://news.artnet.com/art-world/how-inigo-philbrick-spent-his-final-days-on-vanuatu-1887746. Accessed 22 Dec 2020.
Kinsella, E. 2020b. ‘What did Inigo Philbrick do? How one precocious dealer allegedly swindled the art market’s savviest players out of millions,’ Artnet News, March 12. https://news.artnet.com/art-world/inigo-philbrick-intelligence-report-2020-1800972. Accessed 22 Dec 2020.
Kinsella, E., Nicyper, D., Carron, L., and Tarsis, I. 2021. March 10. Art law lunch talk: Lessons not learned – fraudsters in the art market. Center for Art Law [public program and recording]. https://www.youtube.com/watch?v=AU7dQOpujsU.
Klemperer, P. 2004. Auctions: Theory and practice. Princeton, NJ: Princeton University Press.
Korteweg, A., R. Kräussl, and P. Verwijmeren. 2016. Does it pay to invest in art? A selection-corrected returns perspective. Review of Financial Studies 29 (4): 1007–1038.
Lovo, S., and C. Spaenjers. 2018. A model of trading in the art market. American Economic Review 108 (3): 744–774.
MacKenzie, D. 2006. An engine, not a camera. Cambridge, MA: MIT Press.
Mak, A. 2021. We now know who paid $69.3 million for a digital artwork—sort of, Slate, March 12. https://slate.com/technology/2021/03/metakovan-beeple-christies-auction-nfts.html.
McAndrew, C. 2020. The art market report 2020. Basel: UBS and Art Basel.
McAndrew, C. 2010. Fine art and high finance: Expert advice on the economics of ownership. New York: Bloomsbury.
McAndrew, C. 2007. The art economy. Dublin: Liffey Press.
McCormick, L. 2015. Performing civility: International competitions in classical music. Cambridge, UK: Cambridge University Press.
McNulty, T. 2013. Art market research: A guide to methods and sources. Jefferson, NC: McFarland and Company.
Mei, J., and M. Moses. 2005. Vested interest and biased price estimates: Evidence from an auction market. Journal of Finance 60 (5): 2409–2435.
Mei, J., and M. Moses. 2002. Art as an investment and the underperformance of masterpieces. American Economic Review 92 (5): 1656–1668.
MetaKovan. 2021. Metakovan and global disruption. Champions of Blockchain [conference presentation], March 27. https://championsofblockchain.co.uk/#schedule.
Mullen, K. 2020. Tough UK anti-money laundering law comes into force tomorrow—here’s what you need to know, The Art Newspaper, 9 January. https://www.theartnewspaper.com/news/ready-or-not-tough-uk-anti-money-laundering-law-comes-into-force-tomorrow-here-s-what-you-need-to-know. Accessed 26 Dec 2020.
New York Attorney General’s Office. 2020. Attorney General James Sues Sotheby’s for defrauding New York taxpayers out of millions, Press Release, 6 November. https://ag.ny.gov/press-release/2020/attorney-general-james-sues-sothebys-defrauding-new-york-taxpayers-out-millions. Accessed 24 Dec 2020.
Pénasse J., Renneboog L., and Scheinkman, J. 2020. When a master dies: Speculation and asset float, NBER Working Papers 26831, National Bureau of Economic Research, Inc. https://dx.doi.org/10.2139/ssrn.3385460.
Pressler, J. 2018. Maybe she had so much money she just lost track of it. Somebody had to foot the bill for Anna Delvey’s fabulous new life, The Cut, 28 May. https://www.thecut.com/2018/05/how-anna-delvey-tricked-new-york.html. Accessed 22 Dec 2018.
Reitlinger, G. 1961-70. The economics of taste. 3 vols. London: Barrie and Rockliffe.
Renneboog, L., and C. Spaenjers. 2013. Buying beauty: On prices and returns in the art market. Management Science 59: 36–53.
Satz, D. 2010. Why some things should not be for sale: The moral limits of markets. Oxford: Oxford University Press.
Schachter, K. 2020 The art world’s mini-Madoff and me, Vulture, 16 March. https://www.vulture.com/2020/03/inigo-philbrick-art-dealer.html. Accessed 22 Dec 2020.
Schachter, K. 2019. Where’s Inigo? As a furious art world searches for the disappeared dealer, Kenny Schachter finds him… on Instagram, Artnet News, 10 December. https://news.artnet.com/opinion/kenny-schacter-on-inigo-philbrick-1727460. Accessed 22 Dec 2020.
Schneider, T. 2021. Will NFTs revolutionize the art market or repeat its greatest failures? These 4 factors will determine their fate, Artnet News. https://news.artnet.com/market/nft-revolution-four-factors-1950645.
Sotheby’s Inc. 2018. 2018 annual report. http://www.sothebys.com/content/dam/sothebys/PDFs/2018-annual-report.pdf?locale=en. Accessed 26 Dec 2020.
United States of America versus Inigo Philbrick, 20 MAG 4507. 2020. https://www.justice.gov/usao-sdny/press-release/file/1284896/download.
Velthuis, O. 2005. Talking prices: Symbolic meanings of prices on the market for contemporary art. Princeton: Princeton University Press.
Velthuis, O. 2011. The Venice effect. The Art Newspaper 20 (225): 21–24.
Wacquant, L.J.D. 1995. Pugs at work: Bodily capital and bodily labour among professional boxers. Body & Society 1 (1): 65–93.
Whitaker, A. 2019. Art and blockchain: A primer, history, and taxonomy of blockchain use cases in the arts. Artivate 8 (2): 21–46.
Whitaker, A., and R. Kräussl. 2020. Fractional equity, blockchain, and the future of creative work. Management Science 66: 4594–4611.
Winkleman, E., and P. Hindle. 2018. How to start and run a commercial gallery, 2nd ed. New York: Allworth.
Wohl, H. 2016. Community sense: The cohesive power of aesthetic judgment. Sociological Theory 33 (4): 299–326.
Zelizer, V.A. 2001. How and why do we care about circuits? Accounts Newsletter of the Economic Sociology Section of the American Sociological Association 1 (2000): 3–5.
Zelizer, V. 2005. The purchase of intimacy. Princeton: Princeton University Press.
Acknowledgements
The authors wish to acknowledge Kenny Schachter and numerous other expert insiders who wished to remain anonymous, as well as Giana Ricci, Rani Singh, and Olga Rosen, and Anders Petterson of ArtTactic. Both authors contributed equally to the preparation of this article.
Author information
Authors and Affiliations
Corresponding author
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Rights and permissions
About this article
Cite this article
Whitaker, A., Greenland, F. Theory of an art market scandal: artistic integrity and financial speculation in the Inigo Philbrick case. Am J Cult Sociol 10, 225–247 (2022). https://doi.org/10.1057/s41290-021-00134-1
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1057/s41290-021-00134-1