Friday, January 6, 2012

Park West Gallery accused of selling an Ali forgery

By Theresa Franks, for Fine Art Registry®


The Great Park West Dali Half Million Dollar Swindle
As many of our regular readers and members know, we have been reporting for nearly five years on the deceptive and unfair trade practices of Park West Gallery and much of our investigation has focused on the forged Dali prints Park West Gallery has sold and that have been declared by world Dali experts (Frank Hunter, Nicolas Descharnes, and the Gala-Salvador Dali Foundation in Spain) as forgeries. In addition to being forged, the Dali prints were characterized by all experts as defaced (meaning that letters, numbers, annotations, chop marks, etc., were added to the prints which were not contemplated by the artist or the publisher at the time of production and/or distribution).

Many of the Park West Gallery Dali prints have also been declared as crude forgeries by world renowned, questioned document (hand-writing) expert, William Flynn (we will be sharing William Flynn's sworn trial testimony soon on Fine Art Registry—you don't want to miss it).  Sharon Day and Julian Howard and hundreds of other victims have reported having purchased Dali print forgeries and many are now suing Park West Gallery as a result. However, Park West Gallery’s MO is to keep its lawyers busy cracking down on its customers who make claims of fraud by clubbing them with endless legal maneuvers and threats of defamation lawsuits. Park West Gallery is famous for threatening anyone and everyone that dares make a stand against their business practices or who dares challenge the authenticity of what they sell.

Besides artwork (and there is much more than just the Dali prints that Fine Art Registry has questioned over the years), Park West Gallery also sells autographed sports memorabilia. In fact, we have helped victims in the past who have purchased what they have claimed were spurious autographed Muhammad Ali/Beatles photographs for as much as $6,000 each.

Park West Gallery has certainly started off 2012 with a bang! They have managed to raise the ire of Barry Stevens, who claims Park West Gallery sold him a forged autographed photograph, but this time the claimed forgery is an Ali not a Dali. What’s so incredible about Mr. Stevens' story is that there isn’t much money involved, only a little over $500.00. However, for Mr. Stevens, it's the principal of the thing. Yet Park West Gallery refuses to refund him, despite the fact that the photograph he purchased in good faith has reportedly been declared by sports memorabilia connoisseurs and avid collectors as a known forgery (more on this below). The Park West Gallery Certificate of Authenticity (COA), signed by Park West Gallery CEO, Albert Scaglione, states in pertinent part, the following:
Signed by Muhammad Ali "Muhammad Ali aka Cassius Clay" in ink. From the archives of Muhammad Ali. This sports collectible bearing both the contemporary and former names of Muhammad Ali is extremely rare. In addition, the provenance directly from the archives of Ali will distinguish it to collectors seeking sports memorabilia with impeccable authenticity." 
"Impeccable authenticity"? And "from the archives of Muhammad Ali...provenance directly from the archives of Muhammad Ali"? Okay, so where is proof of the so-called provenance referenced in the COA and why wasn't it supplied to Mr. Stevens before or at the time of his purchase? Sharon Day's set of the Dali Divine Comedy (picture above) was also supposed to be impeccable and was also to have sourced directly from someone close to Dali. Unfortunately for Sharon Day and her husband, their wonderful investment (or so Park West Gallery represented) turned out to be impeccably forged and impeccably defaced!

It is Mr. Stevens' position that if the photograph is truly authentic and signed by Ali as Park West Gallery maintains, then Park West Gallery should accept his offer for them to buy it back or refund him for his purchase price. Mr. Stevens reported to Fine Art Registry that the signed photograph (if authentic) would have increased in value considerably and that Park West Gallery's refusal to refund him is evidence enough that Park West Gallery isn't convinced it's authentic either, otherwise, he said, they would snap at the chance to buy it back and resell it for a profit. This isn't the first time Mr. Stevens has been around the block with proving forgeries. He appeared on 20/20 and other television shows during the American Royal Arts (Jerry Gladstone) scam (see, also the Inside Edition video clip below) and he also was in contact with the FBI. It's clear that Park West Gallery has squared off with a fellow that isn't going to sit down and shut up no matter what.   


Find more videos like this on Autograph Magazine Live!

Unfortunately for Mr. Stevens, in making his demand for a refund, he was forced to cross paths with Park West Gallery’s prickly customer service rep, Lisa Hershberger, who has apparently been charged with the responsibility of handling victims’ claims. She follows her marching orders well—but in our opinion and in light of evidence that has recently been sent to us by victims in the UK and the U.S., including Patricia Holmes who recently filed suit against the gallery in Tennessee, and now by Mr. Stevens, her tactics, on behest of her employer, Park West, are extraordinarily dishonest and reprehensible. But what else should we expect from Park West Gallery? Historically, at least as Fine Art Registry is concerned, perversion of the truth and lies by omission is business as usual for Park West Gallery.  

Mr. Stevens has been seeking a refund of $541 from Park West Gallery for the last several months and he is faced with the usual run around. Now wouldn’t it have been wise for Park West Gallery to have simply returned Mr. Stevens money? We certainly think so. It’s not only the right thing to do, but from an economic and PR perspective, it’s just bad business to let this go, as the story will mushroom (as it has here and on sports memorabilia web forums) and presumably will end up costing Park West Gallery much more in the long run in sales and refunds, and even more so in precious reputation capital (what's left of it anyway), as it will most certainly shed light on a whole new arena of potential fraud as it relates to the sales of Park West Gallery sports memorabilia.

The refusal to refund Mr. Stevens could also result in other purchasers questioning the authenticity of the sports memorabilia that Park West Gallery sells (whether authentic or not). It is true that reputable and very experienced art dealers get stuck sometimes with fakes and forgeries—its just the nature of the unregulated art market beast—but it’s what that dealer does when it learns it has sold even a possible fake or forgery that is important. In this case, instead of doing the right thing, Park West Gallery refuses to refund or, at the least, prove that what they sold is truly an authentic Ali signature. For heaven’s sake, Ali is still living. Why wouldn't or couldn't Park West Gallery go straight to Ali and get his unequivocal authentication on the autograph for Mr. Stevens—wouldn't this be the ultimate good faith customer service gesture, if in fact, Park West believed in the authenticity of the inventory it sells? It certainly would put things to bed and this article would not have been written. After all, Park West Gallery has claimed in the past that it has a special relationship with the Ali family.

Just as with the the Dali prints, Park West Gallery has failed thus far to satisfy Mr. Stevens by providing him verifiable evidence of authenticity of the autograph on the photograph he was sold.  

Further, it is stunning that Park West Gallery insists on insulting their customers' intelligence and treating them like they are complete idiots. It bears repeating: if indeed Park West Gallery believes that the photograph they sold to Mr. Stevens is authentically signed by Ali's hand, then why don’t they offer proof of its authenticity or offer to pay for an independent authentication? It would be different if Ali, like Dali, was deceased and inaccessible. Instead, what does Park West Gallery do? They do what they have always done. They crank up the smoke and mirrors machine.

In response to a victims claim for a refund and especially if the claim is for inauthenticity of any of the inventory they sell, Park West will mail a heap of insulting trash to the victim that has absolutely zero to do with the actual purchased item. Mr. Stevens was the lucky recipient of just such a delivery. All of this is done in an effort it to try to convince or overwhelm or intimidate the victim (as if they are dim wits) to accept Park West Gallery's claim that everything we sell is authentic because we say so.  What’s even more ridiculous is the fact that they piled it higher and deeper by sending Mr. Stevens the Park West Gallery rubbish on their Dali prints as well. (Read: Park West Gallery Propaganda for more on this subject.) It could be that Ms. Hershberger or Park West is confused between Ali and Dali—okay, they do sound the same. But what in the heck does Dali have to do with Ali? The mere fact that Park West Gallery is compelled to drown victims with worthless paper (which they have been doing for years by the way) which is not even remotely relevant to the victim's purchase is getting pretty darn stale and besides, no one is buying it! The Park West Gallery MO is to: “Dazzle ‘em with BS”—obviously, this has worked for Park West Gallery in their sales tactics—so they must believe it works in their customer complaint arena, too. 

Material Received by Mr. Stevens from Park West Gallery
But wait, that's not all...there's more. To make their amazing and oh so brilliant package of worthless material to Mr. Stevens even more convincing, Park West Gallery just couldn’t resist topping off the mountain of gobbledygook with the most vile dollop of unsolicited, defamatory material that contains cheesy, unprofessional print outs from their web site and complete perversions of the truth concerning all of the litigation they have been involved in (see image). Now, what kind of a reputable company, willingly sends out their filthy, dirty litigation laundry to its customers? Is this really something a reputable company would want its customers to know? Is this anything to boast about? Why would any self-respecting company with a lick of sense call attention to and actually advertise all of the litigation it has been involved in? It's bizarre! You have to wonder from who and where Park West Gallery is getting their PR advice these days. What they must not know (incredible as it may be) is that sending out this tripe causes most individuals to want to learn the truth and the natural thing for them to do is is to come directly to Fine Art Registry (like Mr. Stevens did) and other professionals to learn about that little inconvenient thing called the truth. No, we don't believe the mountains of paper they send to victims is having quite the effect, Park West Gallery had hoped for. They just expect that their dissatisfied customers will drink the Park West Gallery Kool-Aid and slap on a pair of rose-colored glasses and happily accept Park West Gallery's twisted version of the truth. 

Operation Bullpen by Kevin Nelson
The autographed Muhammad Ali photograph that Mr. Stevens purchased for $440.00 from Park West Gallery on July 27, 2002, together with shipping and buyer's premium totaling, $541.00, is reported to likely have sourced from the world’s largest sports fraud ring in history, known as Operation Bullpen. Many of those who collect sports memorabilia will recall the 1999 raid and arrest of Wayne Bray, the mastermind of the $100 million Operation Bullpen rip-off, along with approximately 26 co-conspirators. Greg Marino was the chief forger. FBI agents Tim Fitzsimmons and John Ferreira, and Justice Department, attorney Phil Halprin, brought down the nationwide ring which was widely publicized. A sensational book was written about the crime ring which we highly recommend. It's a great read and one can learn much from it. There are many parallels to be drawn between the Bullpen bust and what Fine Art Registry has investigated concerning Dali art fraud over the last five years.

It was recently reported to Fine Art Registry that those in the know in the sports world believe that the photograph sold by Park West Gallery to Mr. Stevens is likely one that was forged by John Olson, one of the Bullpen forgers. See the example of an Olson forgery below and compare it with Mr. Stevens' Park West Gallery purchase. Mr. Stevens purchase is allegedly autographed, "Muhammad Ali aka Cassius Clay." The signatures, save the Cassius Clay inscription, appear to be almost exactly the same—but you can be the judge.

Forger John Olson's "Ali" Signature


Barry Stevens' Park West Gallery Purchase

Enlarged image of Signature on Stevens' Park West Gallery Purchase
 
Enlarged image (a bit blurry, sorry) of Forger John Olson's Signature

We have been asked hundreds of times by victims: Is everything that Park West Gallery sells fake or inauthentic? This is a valid and important question. Unfortunately, there isn’t a black and white answer as we would have to know exactly what was purchased and how it was represented to the buyer by Park West Gallery salesmen in order to determine if the artwork or collectible is indeed authentic. Further, it takes the necessary experts for analysis and if the artist or sports figure is living, direct input from them would be helpful. However, if there is collusion or a conspiracy between the artists and/or suppliers of sports memorabilia and the dealer selling the inventory, it is often impossible to get straight answers.

Anything that is being sold by Park West Gallery (or any other dealer for that matter) that is represented to have or bear an “authentic signature” should be verified and authenticated (if possible) first by an independent expert in that genre before purchasing the item—no matter what the price, and even then it's no guarantee. Park West Gallery will not encourage any buyer to seek an independent third-party opinion—unless, of course, it is one that they have in their pocket—like Bernard Ewell, for example, who authenticated hundreds and hundreds and hundreds of Dali prints which were later determined by experts to be forgeries.

There is little difference between the art industry and the autograph industry. Forgeries run the gamut over all art and collectible genres. The rule of thumb should be: anything that is being offered for sale that is said to be autographed by a famous individual (whether it is a signed work of art, rare book or manuscript, photograph, boxing glove, football, baseball, guitar, or rock star album) should be immediately suspected as not legitimate or as a forgery until proven otherwise. Unless the seller can prove authenticity with verifiable data and solid provenance documents with a guarantee to refund you with no questions asked if you find otherwise, do not buy the item, unless, of course, you don’t care if you later find out that what you purchased is inauthentic or a forgery. And be extraordinarily cautious when buying on eBay--it is loaded with fakes, forgeries and the like. If you are an unsophisticated buyer, consult a professional that can help you winnow out forgeries from the legitimate and help you to determine if the purchase you are considering is truly authentic.

The black market in autograph forgery and fraud is a booming—indeed, it is a multi-billion dollar illicit industry. It’s no different than the art industry where fraud and forgeries abound. The FBI reported that roughly 50% to 90% of autographed items (which includes sports memorabilia) actively being sold on the Internet, at hotels, resorts, traveling auctions, and elsewhere are more than likely forgeries. Therefore, it is wise to suspect every autograph. This way, as a buyer, you will be less likely to be ripped off. Also, the experts or professionals you consult with should also be vetted in advance of retaining them, as the art and collectible industry is completely unregulated and some so-called experts will say or do anything for a buck.

We will keep you apprised of Mr. Stevens' progress in his fight to get a refund from Park West Gallery. 

If you want to know more about autographs and who to contact if you have a question concerning authenticity, visit Autograph Magazine where you can get the straight skinny on the good, the bad, and the ugly of autograph forgeries.

3 comments:

Anonymous said...

Teri - excellent piece and Autograph Magazine Live and it's editor Steve Cyrkin is one of the best places on the planet to learn about autorgraphs. There is a bevy of well known experts as well as sophisticated collectors.

Regarding Ali... On an NCL Cruise sometime back I noted to the sellers that I felt 2 of their Ali's were questionable. The information was based on an excellent AML Ali signature discussion just a few weeks prior. Unfortunately, I did not have the study handy so it was based on memory.

We debated at great length. Overall, the prices for the sports items were outrageous to begin with but if someone wants to waste money more power to them. What I found deceptive is the "bid" price on the items being displayed. People were informed that if you placed a bid on the item and noone bid further on it you would win it at the price. What was more deceptive is that they left off a zero even though we weren't dealing in pesos.

Since I was having a debate with myself over authenticity (not having the exemplars in front of me) and said if I am wrong then I just got a great buy..but if I am right then I just waisted a few hundred! Right it off to lesson learned!

HOwever when the item came up the auctioneer opened it up at nearly $2k. The "sales associated" by then was so closed and badgering us to raise the bid card. So close, that if he could have raised our arm he would have. When I said this is the bid placed at display, right? Absolutely! Well the bid card went up & sold it was although what was the point of doing this if I was the only bidder as it flew in the face of the earlier explanation.

I now understand as it wasn't for the bid price but considerably more. Rather than debate the matter although I made it very clear during the paperwork signing along with some other items of my concerns on this sports piece assurances were given that it came from the ali foundation (but no paperwork on authenticity, which was requested, was ever produced) and that by purchasing an Ali Piece you would be enrolled in the Ali Foundation.

All that is well and good but where is the "authenticiy". Park West will provide you with one an estimate of value.

Upon arriving stateside and home the Ali piece was challenged and in no uncertain terms PW was informed that if they shipped it, it would be refused and if it found it's was to the PW Collectors Card it would be disputed. To describe the service interaction is to characterize it as a "walk thru the dessert". But using thier own T&C of 80-90-90. something or other (it's blurry these days as most of us erase unpleasant memories). While being persistent and ignoring their arguments aoubt purchases in international waters... they did reimburse the purchase but tried to add seller fees after the fact which were also eliminated after showing them the error of their though process and argument. They would in turn drop those as well.

Their deceptive, aggressive and slight of hand is amazing and high pressure sales tactics unbelievable.

Fortunately, I took action within their "exchange" period which provided much more leverage than unlike Barry S.

DB said...

excellent pieces. One thing that some learn the hardway is to know when to sit on the bid card! It is without question that the auctioneers are well versed and working the crowd (experienced & rookies).

In reading this it strikes me that one should have confidence in the Art side especially in this operation and perhaps not as much faith in the sports side.

It was intriguing enough for me to pull my Apprisal "disclaimer" which I had not read previously for some reason but it did strike a chord of "larceny". BTW, it's a form evidently printed from some PW computer at h:\design\pwforms\certificates PWAppraisal revised 10.30.07,qxd

In now reading it I find it compelling with regards to their "method of appraisal" and their Exclusion & Limitiations. It is clearly drafted by lawyers. Upon reading this based on prior reeports here I wonder How many Bid Cards or Pre-Bids would have occurred if this was avaiable at the time of auction, clearly visible and in laymen language.

That document is perhaps 2ndary to the verbiage of the COA one receives long after your disembarkment.

The COA in part reads amongst other things; Guarantee Coverage: If within five years of the date of sale of any item, the original purchaser of record tenders to us a purchased item in the same condition as when sold through us and it is established that the identification of Authorship (as defined above; means the identity of the creator, the period or cultural source of origin of the property, as the case may be, as set forth in the first line of the description of the artwork. For sports memorabilia items the identify of the featured athlete whose signature is afffixed to the item) is not substantially correct based on a fair reading of the written description which may be contained in the auction catalog, then the slae of such items will be rescinded and the original price refunded.

There is also a terms of limit liabilities as well that indicates in part except for Authorshiop and Guarantee Coverage that any claim whatsoever for artwork purchases shall not be maintainable unless filed within nine months after the offer date shown on the invoice.

Since Sports Items are not listed as being constrained by "time limits" and apparently a bonafide argument exists to "authorship" from the Barry S and thus if correct a reimbursement seems warranted.

What was more interesting is the verbiage that points to other documents that was certainly not made available nor explained in layments terms. For that matter, What Auction Catalog?

On the Works of Art Appraisal received long after the items arrives to your shipping address it indicates, "Park West provides a limited FIVE YEAR guarantee of authenticity with the original purchase of CERTAIN works of art. By issuiing this appraisal Park West makes no warranties or representations, express or implied, with respect to the artwork or its authenticity?.

Perhaps the cruise lines need lawyers present that can interpret the above and many other type exclusions. Having said that I wonder how many attendees would be present. Nonetheless, some of the timetables to file an issue appear reasonable based on other places who have done or a week and only if you have a petition signed by your Mayor and Legislators!

Thinking back to the auction, I believe every item that came up was presented as "authentic" "authentic Authorship" a "great bargain" and a solid investment. After reading these 2 documents I have an analogy from Duck Soup as Groucho is reading to Chico "the party of the 1st part... and they essentially tear up the whole thing except for the signature portion". The only difference is the T&Cs were available.

Anonymous said...

I too was a victim of Park West with Ali. I was on a Carnival Cruise when they got a hold of me. After the fact and ,although asked and denied, I am convinced there were shills in the crowd as well as fraud and misrepresentations. I found out later that Carnival had "kicked" them to the curb. The other sad part is I just visited the museum in Louisville. My name was on no list or engraved anywhere as I was told by Park West that it would. That in and of itself was pretty embarrassing. In addition, one of the Vice-Presidents there stated that they got rid of all of Park West's art that they had in their Museum. She did not come right out and say it (told me to Google it) but reading between the
lines it was obvious that there was fraud, deception and more. I will be taking legal action against these people, including the cruise lines.