Definition of Caveat Emptor from the Cornell University Law School web site:
Latin for “let the buyer beware.” A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition. Especially applicable to items that are not covered under a strict warranty.
And even more applicable to vintage, pawn or antique American Indian jewelry.
There is a distressing recent trend in the vintage American Indian jewelry market – that of applying faked hallmarks of highly collectible silversmiths to jewelry of dubious quality. This trend started some years ago with the fabrication of jewelry in the style of Charles Loloma to which fraudulent hallmarks were applied. That nearly ruined the market for Loloma’s jewelry as dealers and collectors that had been burned by fakes were (and still are) leery to consider investing again. And with good reason, those fakes will haunt the market for decades to come.
Now this practice has extended to the application of fraudulent hallmarks of other important silversmiths, such as Ike Wilson, Fred Peshlakai, Preston Monongye and Frank Patania, to jewelry of poor quality, and often made by Anglo silversmiths.
It should be noted that this isn’t the first time fake Indian jewelry has flooded the market. Starting in the early 1900s and continuing for decades, the mass-production of machine made Indian style jewelry made companies like H.H. Tammen, Arrow Novelty Company, Silver Products, Bell Trading Company and Maisel’s financially successful while the native artists struggled.
Those who remember the “Boom” of the 1970s are also familiar with the reproductions of traditional Navajo silver by hippie silversmiths from the Pagosa Springs, Colorado region and the proliferation of Anglo made Indian style jewelry. Few of these pieces were hallmarked so many have passed, and continue to pass, as “old pawn.”
Also memorable was the preponderance of counterfeit Navajo spoons, most often in the style featuring the profile of an Indian in a headdress on the handle or with the word NAVAJO etched in the bowl, after the publication of Navajo Spoons in 2001. While fake Hopi overlay, with contrived hallmarks, and fake Zuni inlay, copied from vintage issues of Arizona Highways magazine have been imported from international (off shore and south of the border) locations, and sold online and in disreputable shops for over a decade.
Previously buyers could be assured of the authenticity of a piece if it bore the hallmark of a recognized artist, and it didn’t require them to have a great deal of knowledge about the history of Indian jewelry to feel comfortable investing in high quality jewelry. But now it’s becoming common to see hallmarked jewelry misrepresented as that of some of the most respected and highly collectible silversmiths. This doesn’t even take into account the misattributions by uninformed, or overly optimistic sellers, a practice which is rampant on eBay and internet auction sites.
eBay is no help in these matters. As much lip service as they give to stopping counterfeiters from selling through their website, they make it inordinately difficult for buyers to report sellers of fakes. One shouldn’t need to jump through hoops, nor spend hours on the phone, to advise eBay that someone is profiting from selling counterfeits on their platform. Even more frustrating is that spurious listings are rarely ended by eBay even after they have been reported.
So how can collectors protect themselves when thousands of dollars can be at risk on a single bracelet? First, caution is the key to online transactions, if it seems too good to be true, then it probably is. But most importantly, buyers should educate themselves and become familiar with the styles and workmanship of the silversmiths they wish to purchase. Faked jewelry will often not resemble the work of the masters in either style or quality. For collectors, working with a trusted dealer is essential in gaining the knowledge necessary to make informed purchases.
The artists whose hallmarks are currently being forged are deceased (convenient for the forgers), and their work commands top dollar. These artists did not become so respected, and their jewelry so highly valued, because they produced inferior work. These artists made jewelry of the highest quality. Contrary to opinions that even great silversmiths had bad days, substandard work is the hallmark of the amateur, inexperienced, or sloppy silversmith. Poor quality silverwork or low grade and treated stones should raise red flags right away that the artist was not a skilled silversmith.
The only way to combat the fakers is through knowledgeable buyers. Once everyone sees their forgeries for what they are, and their market dries up, then they will stop counterfeiting Indian jewelry and move on to something more profitable (and hopefully something you don’t collect).
Examples of recent forged hallmarks
Originally published on our Goodreads.com blog December 10, 2014.