Fine Art Registry®: Blog

Park West Gallery's lone Dali expert Bernard Ewell dead wrong--AGAIN!

2012-01-27T15:06:00.002-07:00

Bernard Ewell and his reference material

Bernard Ewell is an appraiser by trade who has worked for Park West Gallery for more than a decade as Park West's "authenticator" of the gallery's Dali print inventory. Ewell is responsible for authenticating thousands of "signed" Dali prints which were purchased by Park West Gallery from many different sources. Many of the prints have since been declared by all recognized Dali experts, including the Gala-Salvador Dali Foundation in Spain, to be defaced forgeries.

On his web site, Bernard Ewell heralds:

I am the Dali Detective...who stands as the basis of truth and model of ethics. After all, I am the only fully independent, disinterested and uncompromised Dali expert.

Yes, and if you don't believe Ewell's claim that he is the end all be all expert in Dali, all you have to do is ask him, though we don't know of a single qualified Dali expert in the industry that agrees with his proclamation. Not a single auction house that we know of relies on Ewell's opinions or so-called expertise. And truly, if one claims he is such a model of truth and ethics, why does one have to scream it? It should go without saying, shouldn't it? Deeds, not words, is what George Washington's motto was. Show us your deeds, Mr. Ewell. Words are cheap.

Moreover, no one really knows what Ewell means in his self-designation that he is a Dali Detective. What we do know, however, is that the evidence and recent court records as well as his own sworn testimony betray his claimed acuity and expertise in determining whether or not a Dali work is authentic, much less the authenticity of any signatures that are purported to be by Dali's hand. One glaring example of Ewell's reckless incompetency and error in judgment is Sharon Day and Julian Howard's Divine Comedy set of 100 woodblock prints, represented by Park West Gallery to be authentically signed by Dali and for which Day and Howard paid Park West Gallery approximately $500,000. These prints were all authenticated by Ewell (at the request of Park West Gallery) and declared to be genuine in every respect and in excellent condition. While the prints were indeed genuine woodcuts (but not at all rare--there are approximately 1,000,000 Divine Comedy prints in circulation), the signatures on the prints were not.

Fine Art Registry has proved overwhelmingly that the Divine Comedy set that Day and Howard purchased from Park West Gallery is certainly not in excellent condition and is anything but authentically signed by the hand of Dali. Yet Ewell, who blathers on and on and on about his superior knowledge of Dali, has never once commented on this gigantic elephant in the room--he has never accepted responsibility and refuses to be held accountable for his very serious and inexcusable error (whether intentional or not we will never know). The Gala-Salvador Dali Foundation in Spain along with Nicolas Descharnes and Frank Hunter have declared that the Day and Howard Divine Comedy set of prints are forged and so too has forensic questioned document expert, William Flynn, who referred to the signatures as crude forgeries. So what does Ewell have to say about all of this: absolutely nothing. And this is only one case--there are many, many others.

Ewell is his own worst enemy. In a self-aggrandizing effort to cover up his incompetency, errors and omissions and to deflect responsibility and accountability for authenticating, as genuine, what turned out to be forged Dali works of art, he waxes on in his blog posts about his rubbing elbows with the Albarettos. In doing so, Ewell ignorantly doubles down on the amazing revelation of his inadequacies when it comes to even a rudimentary knowledge of Dali and the history surrounding Dali's circle of friends and collectors. Unlike those that have actually met and worked with Dali, Ewell never met Dali and Ewell never worked with Dali. Ewell is an art appraiser. Period. He has absolutely no business authenticating Dali works of art for anyone other than himself perhaps. Appraising Dali works, yes. Authenticating Dali works, absolutely not!

Recently on his web site, Ewell posted a photograph (below) in support of his blog post and his wild proposition that Gala and Salvador Dali had a close relationship with the Albarettos and that he [Ewell] "out of all the various people who today claim to be Dali experts," was the "only one who has personally visited the [Albaretto] collection in Turin," and "that not even anyone from The Salvador Dali Museum has...gone to see the original darwings [sic] and watercolors." Then Ewell goes on to audaciously state: "That’s one reason I set myself apart from those who claim to know what they’re talking about. I’m the only one who has done due diligence in this matter."

Ewell claims that the man and woman on the far right are Guiseppe and Mara Albaretto

So, does Ewell really "know what he's talking about?" Uh, we don't think so. Fine Art Registry noticed something very odd with the photograph Ewell posted and so we checked with reliable sources who knew Salvador Dali and who also knew his good friend, and jewelry designer, Carlos Alemany. We have confirmed with our sources that it is Carlos Alemany who appears in the photograph above, NOT Guiseppe Albaretto. An obituary in the August 1993 edition of the The New York Times describes the relationship between Dali and Alemany as follows:

In the 1950's, he [Alemany] met Dali. Mr. Alemany had a workshop in the St. Regis Hotel as a partner in the firm of Alemany & Ertman. He began to translate Dali's visions from canvas to jewelry, chiefly for exhibition, designing and supervising their execution. The result was the Salvador Dali Jewel Collection of gem-studded fantasies. Mr. Alemany traveled with the jewels and lectured about them in this country and abroad. Among the collection's noted pieces was his rendition of "Persistence of Memory" (1931), with Dali's soft clocks.

To confirm that Ewell is dead wrong, below is a photograph of Carlos Alemany with his good friend, Dali. See, also, the side by side close up of Alemany. Same mustache, same nose, same eyebrow arch. Definitely, Alemany, definitely not Albaretto.


Carlos Alemany (right) with Dali in a French-Spanish Bookstore (no longer in business) near Rockefeller Center, NY

Further, in comparing photographs with those we have on file of the Albarettos, it appears that the woman in the photograph is not Mara Albaretto, either.

It also important to note that the photograph that Ewell posted on his web site is more than likely a photograph of a photograph which we can only guess was taken by Ewell at the time he claims he "visited" the Dali house which is a museum and was a museum at the time of Ewell's visit (though he conveniently omits the source of the photograph as well as the date of his so-called visit). Ewell's statements lead the unwary to believe that he had some sort of special invitation to Dali's home by the Dalis themselves, even though anyone can tour the museum. He goes on: "we spotted a photograph of the Dalis with the Albarettos among the snapshots that Gala had taped to the cupboard doors in her bathroom." Apparently Ewell forgot what Guiseppe and Mara Albaretto looked like which is bizarre as he states he has "seen over 200 photographs of the [Albaretto] family members."

Those who knew Gala and Salvador Dali well will tell you that the last thing that that anyone would expect to find inside the Dali home/museum would be a photograph of the Dalis with the Albarettos (especially and particularly in a room so private and intimate as Gala's bathroom cupboards which is where Ewell said he "spotted" the photograph). Those who were intimate with the Dalis will tell you that there was no love lost between the Albarettos and Gala, especially.

And for further comparison note the following photograph taken by Robert Descharnes which pictures Guiseppe and Mara Albaretto:

Photo by Robert Descharnes-Guiseppe and Mara Albaretto w/Dali at the Hotel Meurice

Park West Gallery used the above photograph for years, claiming it was a photograph from 1974, in support of the authenticity of the Dali prints they were selling and in order to conform with an alleged letter of authenticity that Park West Gallery claimed was signed by Dali the same year (1974). Fine Art Registry confirmed that the photograph was taken by Robert Descharnes in 1964, not 1974. Park West Gallery not only misidentified the photograph in order to support their bogus claim, they also used it for a commercial purpose (in order to sell their Dali inventory) without seeking copyright permission from the Descharnes. Further, just like Ewell, Park West Gallery claimed that the young woman in the center was the Albarettos daughter, Cristiana Albaretto. Robert Descharnes has confirmed that it was not the Albarettos daughter at all, but rather a secretary or an assistant who remains unidentified. After we exposed these rather interesting and problematic facts, Park West Gallery ceased using the photograph. Read Setting the Record Straighter, for the full story.

Yup! Some Dali Detective, huh? No wonder Ewell is responsible for so many of the Park West Gallery Dali forgeries. Perhaps we should all chipin and get him a new pair of Optivisors!

What would you give to know the secret of Whistler's Drawings?

2012-01-25T11:48:00.000-07:00

Edited, revised and expanded by Theresa Franks, for Fine Art Registry®
Original story by Otto Bacher

This is Part 2 of a continuing series we will be publishing on James Abbot MacNeill Whistler. Read Part 1: James McNeill Whistler and the Pastel Wager.

James A. MacNeill Whistler-Courtesy Library of Congress

The following firsthand account by Whistler's good friend, Otto Bacher, was originally titled: The Secret of Drawing. It is most remarkable that in the following short story, Otto Bacher refers to Whistler as "Jimmy", an extraordinarily familiar reference for the great and honored Whistler, as he commanded the greatest of respect from his contemporaries and accordingly, he was always referred to as Mr. Whistler. Only those that were Whistler's closest intimates would dare to call him by the nickname, "Jimmy". It is also interesting to note that Whistler refers to himself in the third person when posing his rather mysterious question to Otto Bacher. Some say that referring to oneself in the third-person when communicating with others is narcissism or illeism. Whatever the case, it was quintessentially Whistler.

What Would You Give to Know the Secret of Whistler's Drawings?

Otto Bacher-Self Portrait-Circa 1883-Courtesy Library of Congress

"Bacher, what would you give Whistler if he would tell you his secret of drawing correctly?"

"What can I give you for it, Jimmy?" I answered earnestly. "You know everything I own, and have here. Just tell me what you want me to give you?"

"But wouldn't you like to know Whistler's secret?

"Of course, I should; but why do you tantalize me when you know perfectly well that everything I have has been at your disposal if you want it. Why don't you express a wish for something you want in exchange for your secret?"

"But, Bacher, you don't seem to realize the value of Whistler's secret. If you had, you would have told him how much you would give to know it."


James Whistler-circa 1878-Courtesy Library of Congress

I could have offered him some fabulous sum to please him for the moment; but I did not, and told him instead that I did not think he had a secret at all, and that if he had a valuable one, he would tell it. From his evident irritation and hasty retort, I dreaded something awful. "Perhaps," I thought, "I shall now see him as he looked in that detestable photograph with an evil sneer he once showed me--a picture he was fond of, and wished the world to know him by, while he talked caressingly of the sneer as the way Whistler would look at his enemies."

My painful emotion vanished when I saw on his face a playful expression that mellowed with good humor to the kindest and most lovable look. He ended the subject in a jolly tone, saying, "Bacher, you will never know what you have lost."

In London, six years after, I asked Whistler if he remembered what he told me about his secret of drawing. He looked at me sharply, with a bright twinkle in his eyes, and sad, "You never got the secret, did you, Bacher?"

Eighteen years later I found this in the book, Whistler as I Knew Him, by Mortimer Menpes:

Only once I remember him really teaching us anything. He told it to us two pupils, and Sickert, I remember, took down every word on his cuff. He described how in Venice once he was drawing a bridge, and suddenly, as though in a revelation, the secret of drawing came to him. He felt that he wanted to keep it to himself, lest someone should use it--it was so sure, so marvelous. This is roughly how he described it: I began first of all by seizing upon the chief point of interest--perhaps it might have been the extreme distance--the little palaces and shipping beneath the bridge. If so, I would begin drawing that distance in elaborately, and then would expand from it until I came to the bridge, which I would draw in one broad sweep. If by chance I did not see the whole bridge, I would not put it in. In this way the picture must necessarily be a perfect thing from start to finish. Even if one were to be arrested in the middle of it, it would still be a fine and complete picture.

Whistler seated with Mortimer Menpes standing. Whistler wears the much talked about coat with cape and curly brimmed hat. Circa 1885. Courtesy Library of Congress.

In the above description of Whistler's secret of drawing, I find no change from his former methods. And, after all these years, I feel certain now as I did then that Whistler had no secret of drawing, because in his earlier works on the Thames and in the portrait of his mother I find the same "sure, marvelous" drawing that is found in his later works.

Drawing-Ria S. Barbara - where Whistler first lived. Courtesy Library of Congress

The Thames towards Erith-Courtesy Library of Congress

Black Lion Wharf-Courtesy Library of Congress

Portrait of Whistler's Mother-Courtesy Library of Congress

***

THE END

Next in the series, One of Whistler's Controversies.

20/20 Shocker! Cruise ships--lawless floating cities on the sea

2012-01-24T13:39:00.000-07:00

by Theresa Franks, for Fine Art Registry®

This is a follow up to the article by The Daily Beast -- Seven Top Reasons Never to Go on a Cruise, which we referenced in our January 19, 2012 post.

On January 20, 2012, ABC's 20/20 aired a shocking report on the cruise industry (below).

Kendall Carver is President of International Cruise Victims. In our parallel efforts to assist victims, we have had occasion, living in the same geographic area, to get together and discuss our respective positions in raising public awareness about various issues concerning the cruise ship industry.

Merrian Carver--Courtesy of the Carver Family/AP

In the wake of the Costa Concordia disaster, Kendall Carver and ICV worked with ABC's 20/20 in the preparation of the airing of: Vanished at Sea: Baffling Cruise Ship Missing Person Cases/Cruise Ship Confidential. Sadly, Kendall Carver lost his daughter, Merrian Carver (right), at sea in 2004. As a result of this horrific experience, Kendall founded International Cruise Victims. He has made huge gains in fighting for legislation and laws to better protect cruise passengers and to hold the cruise industry accountable.

Watch ABC's 20/20 show that aired on Friday, January 20, 2012

Be sure to visit the International Cruise Victims web site to learn how you can support this organization.

"Art Happens"--Perfection in authenticity

2012-01-24T10:06:00.000-07:00

by Fine Art Registry®

James Whistler once said, "Art happens". Oh the conditions that must come about which result in the random chance of it all! The rare opportunity to shoot this photograph is one of life's blessings which brings meaning to Whistler's statement. And so it is for all artists creating today.

Photograph "Hummingbird" by Theresa Franks

Park West Gallery's wake of victims includes its own sales recruits

2012-01-23T14:36:00.000-07:00

by Fine Art Registry®

Park West is so evil, it has to be stopped!!! The reason why they don't hire people with an art degree is that these people would immediately start asking questions about the so called "art" they have to sell which is not art. It is garbage! --Park West ex-auctioneer trainee

Over the last couple of months, Fine Art Registry has received an enormous surge in the number of complaints concerning Park West Gallery and its deceptive and unfair trade practices (some more egregious than others), including a startling report from a recent Park West Gallery “auctioneer” recruit who attended a Park West Gallery auctioneer training session in Miami Lakes, Florida at the end of 2011. The person in charge of the training was Park West Gallery’s star snake-oil salesman, the infamous, Stoney Goldstein, who we have reported on in the past and who has obviously taken over for another equally oily Park West Gallery auctioneer trainer named, Chris Lindsay (more on Lindsay below).

The ever slick Stoney Goldstein

It is important to note here that Park West Gallery salesmen are not licensed auctioneers. They are nothing more than sales reps for Park West Gallery who are trained to conduct pseudo auctions or sales events that are intended to resemble an art auction, but are far from the standard or legitimate norm. Not a single one of their salesmen we have encountered is licensed to conduct art auctions in the U.S., and few, if any, have any substantive art experience and this is by design. No experience in art is necessary when signing on for the Park West Gallery training sessions. Generally, most of the recruits are young and single. There are few requirements and the bar to admission is set low. At a minimum, one must have a pulse (it helps to have an accent) and you have to be willing to sell the Park West Gallery way. In fact, the more educated you are about art the industry as a whole, the less likely you will succeed with Park West Gallery as is evidenced by the complaint set forth below. Park West Gallery has often used Craig’s List as a resource to recruit their sales people. The recent complaint we received from a Park West Gallery auctioneer recruit (whose identity we will withhold, in order to protect the individual from harassment and threats by Park West Gallery) reported to us, in part, the following:

Dear Fine Art Registry…

Could you please publish this?

Park West is so evil, it has to be stopped!!!

The reason why they don't hire people with an art degree is that these people would immediately start asking questions about the so called "art" they have to sell which is not art. It is garbage! It probably costs $20-30 dollars to produce. It is a very clever technique to take ignorant people and train them on art, however to keep them ignorant and not educate them so that they are not able to dispute what they are doing is a very cunning tactic. This guarantees that the trainees never question the methods that Park West are using to sell art. These trainees are so motivated by the all mighty dollar that they do not stop to think about what they are doing and how they are ripping people off.

During the "sale presentation" of Mr. [Stoney] Goldstein (Vice President of Sales), he made rude and insulting comments like…calling one of our trainees a Gypsy in a front of the group because she was traveling the world, etc. Mr. Goldstein belittles and humiliates the trainees in front of the class for personal gain. He attempts to make himself look better by belittling others. They (Mr. Goldstein and another sales trainer Paul Bielby) humiliated one girl in a front of the class so badly that her parents had to drive 16 hours from Texas to get her out of this horrific environment. Shame on you "trainers"!

On the art portion of the training Mr. Goldstein was comparing art work of Damien Hirst (installations) to Tarkay (paintings) lol, or comparing art work made from rabbit poop to again Tarkay (poor guy) and some other very odd things. This is a very clever tactic by the trainer to compare artworks that are not in the same genre or league to belittle the more successful artists and brainwash the trainees into believing that they are selling work that is better and more valued. There is no way to compare a Hirst to an unknown Park West artist.

I feel so sorry for these young kids who just want to travel the world and make some money. I feel so sorry for innocent cruise passengers who have never been exposed to real art and thought that they are buying something special.

I really don't know how Mr. Scaglione and Mr. Shapiro and the rest of the Park West team can sleep at night. I guess they go to the church every morning and beg for the forgiveness but I don't believe that they will be ever forgiven….

Fine Art Registry has since provided the individual’s full story and contact information to federal law enforcement.

Chris Lindsay in action in New Zealand

The former Park West Gallery auctioneer trainer, Chris Lindsay, is cut from the exact same cloth as Stoney Goldstein. Former Park West Gallery recruits, Penny Tyler and Jill Carr, testified at length about Lindsay at the 2010 Michigan Federal Court trial where Fine Art Registry won a unanimous jury verdict and an award of $500,000.

In early 2011, Chris Lindsay apparently left Park West Gallery to move on to new and greener “art peddling” pastures in Christchurch, New Zealand, where he has apparently settled in and set up shop with another former Park West Gallery auctioneer named, Toby McAlister. Since leopards rarely change their spots, there is little doubt that Lindsay is (or was) practicing what he knows best, what he knows works, and what he has taught countless other Park West Gallery recruits to do—the Park West Gallery way of hawking artwork. That is, until he was caught red-handed on February 21, 2011, and a formal complaint was registered against him with the Auctioneers Association of New Zealand, Inc. It was soon after being caught that Lindsay decided it might be prudent to comply with New Zealand laws and apply for an auctioneer's license. However, given his background with Park West Gallery, his application for licensing was vigorously challenged by the Auctioneers Association of New Zealand, so much so that the The New Zealand Sunday Morning Herald, published an article on February 20, 2011, about Lindsay’s unregistered and unlicensed status and his long-time association with Park West Gallery. We reported on this in the FAR® Forum.

It is important to note that Fine Art Registry has heard from many Park West Gallery auctioneers over the last five years who claimed to have been verbally and psychologically abused, humiliated, left stranded, and/or altogether cheated out of pay, among other abuses, by Park West Gallery and its sham off shore company in the Turks and Caicos Islands, known as Plymouth Auctioneering. Basically, Park West Gallery set up Plymouth Auctioneering so that it could lease employees from its shell or sham company (Plymouth Auctioneering) to Park West Gallery, and thus escape liability for its salesmen and who knows what else.

Another ex-auctioneer who worked for Park West Gallery at one time aboard Royal Caribbean cruise ships, Rick Barnes, who was unfortunate enough to cross paths with Chris Lindsay, had the following to say:

He [Lindsay] was a genuine asshole and crook! His reputation of being a bastard preceded him as I had been told of him several times by others before our meeting. I was assigned to a one day class he was conducting at the Miami Lakes [Park West Gallery] facility and I was not allowed to get out of it. I tried!

Other former Park West Gallery auctioneers/salesmen have been threatened with lawsuits if they ever contemplated leaving Park West Gallery and procured another position with a different company in the art industry. (Park West Gallery has threatened to sue the galleries and art auction companies that its ex-auctioneer/salesmen have gone to work for). We have reported on this extensively over the last several years. There are many more recruits that have contacted us to report strange and bizarre training and interviewing tactics (like sleep deprivation during training sessions, for example) and bizarre interviewing procedures used by Selena Kim, who is employed by Park West Gallery to recruit unsuspecting individuals who respond to cheesy Craig’s List ads posted by Park West Gallery with promises of fortunes to be made while traveling the world. We have reported on Selena Kim in the past here on Fine Art Registry.

The complaint lodged against Chris Lindsay in New Zealand is quite serious. It is clear that New Zealanders aren’t going to allow the same shenanigans Lindsay practiced with Park West Gallery here in the U.S., to occur in New Zealand. Good for them. If the authorities here in the U.S. would take unlicensed auctioneers (or those who claim to be auctioneers) more seriously and actively police the art industry, we would have far fewer victims as result. As we have already stated, in our nearly five years of investigation into Park West Gallery’s business practices, we don’t know of a single so-called Park West salesman who is properly licensed to conduct art auctions. But then again, that’s the problem, isn’t it? The Park West Gallery dog and pony shows mostly occur on board cruise ships and at "invitation only" VIP events (a closed forum—not open to the general public). The hearing on Lindsay's application is on hold until a court hearing in Christchurch in February or early March of this year. We will keep our readers updated.

Needless to state (but we will anyway), Park West Gallery hasn’t changed its sales training model since we started investigating their business practices nearly a half decade ago. According to the recent report above, Park West is still actively abusing recruits and teaching and instructing them how to deceive buyers.

For more on Park West Gallery and their salesmen see our video library on YouTube. Here is an example of just one of our videos (May 22, 2010) on Park West Gallery salesmen, filmed after our big win against Park West Gallery on April 21, 2010:

Park West Gallery lawyer Jason Killips callously provokes cancer victim

2012-01-20T16:28:00.001-07:00

by Fine Art Registry®

It is impossible to believe that Park West Gallery and its lawyers (in Michigan) could get any more despicable than they already are, but today we learned that they have ratcheted up to a whole new level of abuse and persecution of victims who have sued Park West Gallery for the sale of fraudulent artwork.Yes, Park West Gallery sent a message to a victim that says in no uncertain terms that they will make you pay if you dare sue them or challenge them in any way.

Mr. Anthony Castellano is a plaintiff in the Cohen v. Park West Galleries, Inc. case. Tragically, he suffers from a very serious form of cancer which we will not disclose here. A few days ago, Mr. Castellano appeared for deposition in Michigan at the demand of Park West Gallery. Mr. Castellano resides in Maryland, so he had to fly to Michigan to attend the deposition. With his medical condition, he should not have had to do so. But Park West Gallery and its lawyers, being the vipers they are, forced the issue, knowing he was suffering with cancer.

When a lawsuit is filed, it is customary for the defendant, in this case, Park West Gallery, to take the deposition or sworn testimony of the plaintiff. This is usually done in front of a court reporter or stenographer. It is interesting to note that there are so many lawsuits being filed against Park West Gallery these days, that Park West Gallery has started whining to the court about the costs of litigation and asking the court to order that the plaintiffs pay half of the cost of the deposition for those that live outside of the state of Michigan or are more than 4 hours away or who live out of the country. This is an interesting turn of events as Park West Gallery had no trouble at all throwing gobs and gobs of money all over the place during the discovery phase of the Fine Art Registry case in 2008 and 2009--goodness they had an army of lawyers, and two hired guns fly all over the U.S. and Europe taking one deposition after the other--all of them living large on the Park West Gallery dime. Now all of a sudden, Park West Gallery can't afford to pay for the depositions of the plaintiffs in these cases? Hmmm? But we digress...back to what happened.

The lawyers for Park West Gallery in Michigan are: Rodger Young, Jaye Quadrozzi, and Jason Killips. Rodger Young is one of the partners in the firm, and Quadrozzi and Killips are the associates. The deposition of Mr. Castellano was conducted by Jason Killips. We have written about Killips tactics in the past--we won't go into them here.

Near the end of the deposition, it was time for Mr. Castellano to leave for the airport to catch his flight home as he was scheduled for a very important and much needed cancer treatment. Rather than being sympathetic and sensitive to Mr. Castellano's need to get home to receive his treatment, incredibly, Killips callously argued with Mr. Castellano and insisted he remain so he [Killips] could finish his questioning. Killips actually tried to prevent Mr. Castellano from leaving the deposition. Mr. Castellano finally told Killips that he was leaving whether Killips liked it or not and so he did. Killips raged on and argued with Mr. Castellano's lawyer, Don Payton, threatening all sorts of ramifications if Mr. Castellano did not remain to finish the deposition to Killips' liking.

Picture it! This poor man is fighting to save his life from a deadly disease that is ravaging his body and at the same time is also having to battle Park West Gallery in a lawsuit in order to have any hope of a refund for the forged Dali artwork they sold to him, and if this isn't enough, he is forced to travel while very ill to Michigan for a deposition that could have easily been done telephonically. But wait, this still isn't enough for Park West Gallery and its lawyers--they need to be sure they make Mr. Castellano suffer more--with their kick him while he's down mentality. So Park West Gallery's weasel of a lawyer, Killips, demands that Mr. Castellano remain in their law office to continue a deposition that was nearly over anyway, having already submitted to approximately three hours of testimony, knowing full well that the man is suffering.

Here's a suggestion! Just REFUND the man his money and leave him the hell alone--you rotten monsters!

Weep and howl Park West Gallery for the misery that is about to come upon you!

James McNeill Whistler and the pastel wager

2012-01-20T14:24:00.000-07:00

Edited, revised and expanded by Theresa Franks, for Fine Art Registry®
Original story by Otto Bacher


James A. McNeill Whistler, Self Portrait, Courtesy Library of Congress

Artist, Otto Bacher, was born in Cleveland, Ohio, on May 31, 1856. He was a painter, an etcher and an illustrator. An early impressionist in American art, his etchings are now contained in the Print Collection of the Library of Congress. Bacher’s illustrations were represented in the early 20th century magazines of the day such as Scribner's, McClure's, and The Century. Bacher was a close friend of James Abbot MacNeill Whistler and printed Whistler’s work on his own printing equipment.

Otto Bacher published the following firsthand account more than 100 years ago, in the May 1907 edition of The Century magazine. It was a short two years later, at the young age of 53, that Otto Bacher would breathe his last. He had just published Whistler in Venice, in 1908, which had appeared first as a serial in The Century magazine. Bacher died in Bronxville, N.Y., in 1909.

We thought our readers might enjoy some of the wonderful stories regarding Whistler and his circle, extracted from our archive of rare books and manuscripts. We start with the delightful story of a very interesting challenge and wager made by one of Whistler's American friends (without Whistler's knowledge, at least at first), regarding Whistlers' pastel works (the friend is not identified). It would be interesting to know how many famous artists living today would accept such a challenge and dare go through with it.

The story is slightly edited, revised, and illustratively enhanced to expand a bit on the characters involved.

Originally titled, Wolkoff, the Russian Imitator.

James McNeill Whistler and the Pastel Wager

One evening there was a festive gathering of men from many different nations seated about a table in an open court of the Bauer Grünwald, a well known Venetian restaurant. The conversation, I believe, was in English, and the subject of Whistler’s pastels was brought up by one of his enthusiastic American admirers. A Russian named Wolkoff was flippant and depreciating, ridiculing them as works of art, jeeringly saying that he was willing to bet that he could make half a dozen pastels as good as Whistler’s and, if they were mixed with his, nobody could tell them apart. The American was surprised at this attitude and remarked:

“I’ll bet a champagne dinner for all present that you can’t.”

“All right, I’ll take your bet, and prove what I say; but I will make one condition only, and it must be agreed upon by all present: I must be permitted to see Whistler’s pastels before I begin.”

“I will agree to that, and arrange a day when you can see them.”

All this was unknown to Whistler, who was innocent of the reason for the call of his Russian guest. He received him charmingly, and showed him all his pastels. These he pinned on large cardboards, carefully, almost ceremoniously, and placed them before him upon a chair that served as an easel. This was the usual way he exhibited his pastels or etchings at home. The Russian was not heard from for six weeks. Then the committee in charge was informed that he could not go on because he found it impossible to purchase in Venice the peculiar, brilliant pastels with which Whistler obtained his effects.

The American would not let him slip through in that way, so he managed to make it possible for his Russian friend to select numerous small pieces from Whistler’s own pastel-boxes. He selected all he wanted, or thought he needed, for the easy task of making a Whistler pastel, and after this exceptional accommodation, returned to his work, saying he would be ready for the jury in a week.

The Casa Jacovitz [i.e., Jankowitz] - Whistler's rooms in Venice
Drawing on blue-gray paper: pastel by Whistler
Drawing shows exterior view of Casa Jankowitz on the edge of a canal.
Courtesy Library of Congress

How or by whom the six jurors were selected I do not know, but I remember that two strangers, an Austrian and a Dutchman, were among them; Spain was represented by Martin Rico y Ortega, England by Henry Woods, R.A., and America by Frank Duveneck and myself [Otto Bacher]. By this time Whistler knew of the wager. The jury met in a house on the Riva not far from the Casa Jankovitz, near enough for him to bring his pastels conveniently. The meeting was in a very long room facing the lagoons. The American who had accepted the wager was not there; Wolkoff was at home, sick in bed; Whistler was in the darkest and farthest corner, with this back to the company and his pastels on a long table. I was selected to bring each exhibit from Whistler’s hands and place it on a high-hacked chair.

Etching by Otto Bacher – Created between 1880 and 1900
View of the Castello Quarter near Casa Jankovitz, where Whistler lodged
Exhibited: "Whistler and his circle in Venice" at the Corcoran Gallery, Washington, D.C., 2003.
Courtesy Library of Congress

Photograph of a portrait painted by Frank Duveneck of his wife, Mrs. Duveneck, in the Cincinnati Museum Association; painting signed F. Duveneck, Paris, 1888.
Courtesy Library of Congress

Etching, Scene on Grand Canal Venice, by Frank Duveneck
Courtesy Library of Congress

It was an extraordinary position in which Whistler was placed, and a veritable ordeal which he faced. He was serious and wore a troubled look, the truth being that he was nervous at the possibility that the jury might let one of the Russian’s pastels slip by as one of his own. I am glad to say, however, that, whenever a Wolkoff appeared, it was instantly received with groans and shouts of “Take it away!” Not for one moment was there the least doubt or a dissenting voice.

Soon after this challenge, Whistler's pastels were put on view at a special exhibition given by Whistler in London during the winter of 1881. The following extracts are from a letter written by his daughter, Maud Whistler, concerning the pastels, and she records the favor with which they were received in London.

As to the pastels, well—they are the fashion. There has never been such a success known. Whistler has decorated a room for them—an arrangement in brown, gold, and Venetian red—which is very lovely, and in it they look perfect gems. All the London world was at the private view—princesses, painters, beauties, actors, everybody. In fact, at one moment of the day it was impossible to move, for the room was crammed. Even Whistler’s enemies were obliged to acknowledge their loveliness. The criticisms were one and all high in their praise.

One of them published the story of Wolkoff, the Russian imitator, and said he was onblged to take a course of mud baths after his defeat. Altogether it has been a great lark, and Whistler has often said, “Wouldn’t the boys appreciate the fun of all this?”

I am going to send you a little book of all the cuttings of the newspapers, so that you can see for yourself.

The best of it is, all the pastels are selling; four hundred pounds’ worth [about $800 in today's currency] went the first day; now over a thousand pounds’ [about $1,500 in today's currency] worth are sold. The prices range from twenty to sixty guineas [100 guineas=105 pounds or about $163], and nobody grumbles at paying for them.

THE END
***

This story raises many unanswered questions. At the time of this story's publication, Whistler had just died four short years before in 1903, so there was no way to foresee what the values of his paintings would do over the next century, much less in 1881. Wouldn't we all have loved to pick up a few Whistler works for the prices cited by Maud, though in 1881, they were still expensive, considering monetary values.

Who was Wolkoff exactly? It's a shame his first name is not mentioned. And what do you suppose happened to Wolkoff's pastels? Did he destroy them when he learned that they didn't measure up? After all, as the story goes, Wolkoff was home sick in bed and not present at the time the Whistler jurors gave their verdict. Did he make good on his wager? If Wolkoff's paintings did survive, what would they be worth today, given this story of competition with the great master, Whistler? We expect they would be worth a great deal of money today.

More than 100 years later, Whistler's works have increased in value substantially. They sell for hundreds of thousands of dollars, depending on the work. Whistler's painting, Harmony in Gray sold at Christie's in 2000 for $2.5 million.

Next in this series, "What Would You Give to Know the Secret of Whistler's Drawings?"

Newsweek:You might be in for a boatload of a ripoff

2012-01-19T18:00:00.000-07:00

Park West Gallery Blasted by The Daily Beast

by Theresa Franks, for Fine Art Registry®

7 Top Reasons to Never Go on a Cruise

The tragic shipwreck of the Costa Concordia which recently occurred in Italy has finally shed some much needed light on how cruise lines and the concessionaires they are in a financial partnership with operate. The cruise industry is a multi-billion dollar business conducted in maritime waters where the cruise passenger (whether he or she knows it or not) is at great risk and peril in many more ways than one. On January 11, 2011, the The Huffington Post published a warning that Park West Gallery was the most "overt example" of "deception" as it relates to the sale of art prints on cruise ships. Then today, The Daily Beast warned would-be cruise goers about the many pitfalls and dangers of cruising, including the "bogus [art] auctions", "fake bidders" and "worthless art," with a number of the links in the article focusing squarely on the offending art peddler, Park West Gallery.

Quoting from The Daily Beast, in relevant part:

Don’t get too mesmerized by cruise lines’ extensive lists of all the things you get with your admission price. One of the most important things—drinks—are not free, and 75 percent of Cruise Critic readers think they’re too expensive. (New York City residents, though, might think these prices are a steal.) If you want to try the nicer restaurants on board, treat yourself to the spa, or just have a soda, there’s always an extra charge. There are no consumer protection laws at sea, and cruise companies make the most of it with things like bogus auctions featuring fake bidders and worthless art.

The Costa Concordia is owned by Carnival Corporation. And it just so happens that Carnival is one of the cruise lines that still (incredibly) permits Park West Gallery to operate its "bogus" art auctions on its cruise ships. Norwegian and Regent also still allow Park West Gallery to have its way with their cruise passengers. All of these cruise lines pocket a substantial revenue share from Park West Gallery sales. Royal Caribbean, Holland America, and Disney cruise lines finally ridded their ships of Park West Gallery in 2010. This was not done, however, until after Fine Art Registry won a unanimous jury verdict against Park West Gallery--much, much too late. We are hearing from more and more and more cruise passengers every day that have dealt with Park West Gallery--the complaints are increasingly from cruisers that have attended Park West Gallery VIP auctions and have dropped hundreds of thousands of dollars in the purchase of art that is claimed by Park West Gallery to be "rare", "valuable" and a "great investment". It sure ain't pretty when these cruise passengers learn that they have been screwed, and royally.

Most people board a cruise ship with nary a thought for their own safety or a single care as to what happens if something were to go wrong--very wrong. Will the cruise lines take care of you or your family if you get sick, injured, killed or ripped off? Uh, the answer is no, they certainly will not! Read your cruise ticket and know your rights or should we say your lack of rights and remedies when wronged or ripped off by a cruise line or one of its vendors or concessionaires. Sharon Day and Julian Howard have experienced the burn that comes with cruising. They have been wrangling with Royal Caribbean for more than three years now in their claim for more than a half million dollars in the purchase of forged artwork sold by Park West Gallery. While the sale of fraudulent art does not rise to the level of murder, or missing persons, or loss of life--it does, nonetheless, take its toll financially and harms the art industry and the art market as a whole. Many have been ruined by Park West Gallery and the cruise lines, who have allowed the fraud to continue.

Thank you Newsweek and The Daily Beast for bringing this very important public policy issue to light.

In a related New York Times article, Cruise Lines Use Law and Contracts to Limit Liability, you will learn just how egregiously unfair the cruise lines are when a claim is made for anything related to your cruise. LET THE BUYER BEWARE!

One smooth stone slayed giant Park West Gallery

2012-01-19T11:55:00.000-07:00

The 2010 Sworn Trial Testimony of Forensic Document Examiner, William Flynn--Part 1

By Theresa Franks, for Fine Art Registry®

For those who don’t know, in 2008, Park West Gallery filed a SLAPP lawsuit (Strategic Litigation Against Public Participation) against Fine Art Registry, seeking a whopping $46 million dollars in alleged damages for what they claimed was defamation (actually Park West Gallery has sued FAR® multiple times for $46 million, without success). The lawsuit which played out in Michigan Federal Court in 2010, was Park West Gallery’s failed effort to shut us up—to stop us from telling the truth regarding their deceptive and unfair trade practices. Well, here we are, still standing and still communicating the truth!

The jury verdict was rendered unanimously in our favor and we were also awarded $500,000. It was a crushing defeat for Park West Gallery as they promised publicly, arrogantly, and loudly with all their many lawyers, hired guns, and seemingly endless resources to “crush us like a bug.” In contrast, Fine Art Registry had precious few resources; but what we did possess was the mighty sword of truth. It has been said by many that we were in a David vs. Goliath situation. Indeed! Many expressed concern as to how we could be expected to stand and survive against a $400 million dollar a year company with the cruise lines backing it? But just as the giant, Goliath, was delivered into David’s hand with one smooth stone divinely cast from his unassuming sling, so too was Park West Gallery delivered into our hand on April 21, 2010. It wasn't just a victory for Fine Art Registry, it was a victory for the corporate art industry, as Park West Gallery in its 42-year history has never been so challenged as it relates to the truth of how deceptive their business practices really are. And so, we will give all the glory to Jehovah God for our victory—the creator of heaven and earth, "who works all things together for good to those that love Him and are called according to His purpose." (Romans 8:28) Our triumphant win was indeed a miracle considering the stacked deck we faced.

At the trial, Fine Art Registry was blessed with many individuals to whom we will be forever grateful, who took leave of their busy lives and boarded airplanes (many at their own expense) from all over the world and the U.S. to attend the trial and testify on our behalf. This was a feat in and of itself as the trial was held in remote Port Huron, Michigan—about 70 miles (more than an hour one way) from the Detroit airport where our witnesses were to fly into. It is a mystery to us as to how the trial ended up in Port Huron and not Detroit which would have been infinitely more convenient, but we believe it was all arranged by the enemy to make it as difficult for Fine Art Registry as possible, and indeed it was extraordinarily difficult, but we happen to believe nothing is impossible--no hill for a climber--and so we persevered and endured for six long weeks. It was worth it all in the end. In fact, this writer can say that it was an experience that is unequaled in one’s life time. No one can fully understand or appreciate what Fine Art Registry had to bear at this trial and what we have had to endure after the trial and to this very day in support of the many, many Park West Gallery victims. No matter what happens from this point forward, no one can take away the fact that we faced a beast at trial and we came away victorious. At some time in the not too distant future, we will write a book about the entire experience as we believe it is instructive for many in an art industry that is rife with fraud and abuse.

We have already published the trial testimony of a few witnesses who testified on our behalf over the last year or so. We have saved some of the best witness testimony for last. The one smooth stone that was the end of Park West Gallery at trial was William Flynn. That is not to say other witnesses were not effective. They were. But Flynn's testimony pushed Park West Gallery over the cliff. The jurors who waited to talk to us in the parking lot outside of the courthouse after the jury verdict on April 21, 2010, communicated to us that we could have rested our case after William Flynn’s trial testimony, it was that impressive. There is no doubt that William Flynn’s testimony was the most compelling of the entire trial. If Park West Gallery were to be honest, they would agree. His testimony was something to behold. The jury was riveted as he took them on a journey through the most interesting power point presentation and revealed the evidence he used to conclude that the Park West Gallery Dali inventory were forgeries. Amazingly, what many of our readers do not know is that Dali reached out from beyond the grave and made a grand appearance at trial to testify by way of a 1960s film provided by Nicolas and Robert Descharnes from their archives in Paris. It shows Salvador Dali signing a set of Divine Comedy prints at the Hotel Meurice in Paris--the very same prints that were at issue in the case. In listening to William Flynn’s testimony, there could be no denying that Park West Gallery had sold Sharon Day and Julian Howard (and other victims) forged Dali prints. No, not just forged Dali prints—but crudely forged Dali prints.

It was soon after Frank Hunter’s deposition was taken by Park West Gallery lawyers in Phoenix in 2009 that we realized where Park West Gallery was heading from a strategic litigation standpoint. When the lawyers for Park West Gallery started to challenge Frank Hunter on the fact that he was not a forensic handwriting expert, we knew that we needed a forensic document expert to testify in order to nail Park West Gallery to the wall on its forged Dali prints, especially as it related to Sharon Day and Julian Howard’s set of Divine Comedy prints—so Fine Art Registry knowing the best of the best of forensic document experts worked and resided in Phoenix, Arizona, where our business is located, we quickly retained William Flynn. It was the best strategic move of the entire case and Park West Gallery never even saw it coming until it was way too late. It caught them completely off guard and crippled them.

Face to face, Robert Descharnes and Salvador Dali holding respectively a sea urchin and an Asian rhinoceros horn, two (emblèmes) of the film "The Prodigious Adventure of the Lacemaker and the Rhinoceros", Paris, Hotel Meurice 1957. Courtesy © 2009 Descharnes & Descharnes sarl / daliphoto.com

Of course, we also had the benefit of two complete, authentically signed sets of Divine Comedy prints we supplied to William Flynn for use as exemplars. The exemplar sets were owned by Jean Paul Schneider and his partner, Reinz of Galerie Orangerie-Reinz. Mr. Schneider contracted with Dali to sign 150 sets of the Divine Comedy (see the Official Catalog of the Graphic Works of Salvador Dali). Schneider appears in a 1960s film we presented to the jury which shows Schneider placing Divine Comedy woodcuts/prints in front of Dali one after the other for his signature on an entire set. More on the compelling nature of this film in future articles. We will show you the video as we continue to publish the testimony of William Flynn. You will learn why the film is, and was, so critically important to proving beyond a shadow of a doubt that the Park West Gallery Dali inventory of Dali prints we reported on are, and always have been, forgeries. The discovery of this film was also miraculous and perhaps one day we will interview the Descharnes and publish the whole story behind it. It all started with a phone call in the wee hours of the morning from Nicolas Descharnes to this writer. There is no question that Dali himself had a say at the Fine Art Registry trial--he testified on his own behalf and never had to say a word. All one needed to do was to watch him in action. It was remarkable! We are forever indebted to Nicolas and Robert Descharnes and especially to Dali and Mr. Schneider for making a special appearance at trial to defend Fine Art Registry.

Park West Gallery's "Dali Detective", Ewell

Mr. Flynn’s sworn trial testimony is quite lengthy, so we will split it up in a series of articles which will make it more manageable and easier to digest. It is important to note that Park West Gallery did not have a forensic document examiner to testify or dispute a single word of Mr. Flynn’s opinions or testimony, though it was not for a lack of trying. It just so happened that the two forensic document examiners Park West Gallery retained or tried to retain late in the game (Hargate and Richards) would not sell out. In other words, the two experts Park West Gallery tried to retain would not agree to go up against a well seasoned and enormously respected colleague. They all knew each other and respected one another’s opinions. These are the kind who don’t whore their opinions for a buck—like Bernard Ewell did for Park West Gallery. Mr. Flynn just so happens to be the cream of the forensic document examiner crop. Bernard Ewell who served as Park West Gallery’s so-called Dali expert at trial was eviscerated and annihilated by Mr. Flynn’s testimony. Ewell was also his own worst enemy—inept in every way, he was a colossal failure and no doubt an embarrassment for Park West Gallery at trial. This was made clearly evident by the cold shoulder Park West Gallery principles and lawyers gave to Ewell once he stepped down from the witness stand—you could cut the tension with a knife. William Flynn nailed the coffin shut on Ewell’s self-serving opinions and ultimately on Park West Gallery’s continuous lies and falsehoods spewed throughout the trial.

It is also important to note that Park West Gallery has done much over the last five years to defame and disparage the opinions of world Dali experts, Nicolas Descharnes and Frank Hunter as to the Park West Gallery forged Dali inventory—but isn’t it interesting that Park West Gallery has had absolutely nothing to say about William Flynn or his testimony? They have avoided Flynn's testimony like the plague. Yes, William Flynn was the smooth stone cast right between the eyes of the giant called Park West Gallery!

So, let’s get started on rolling out the fascinating trial testimony of one of the most well respected forensic document experts in the country, if not the world. Part 1 of this article begins with Mr. Flynn’s qualifications. Not a single witness (nor all of them combined) called by Park West Gallery to prove its case against Fine Art Registry came close to equaling the prestigious qualifications and expertise of William Flynn.

Note: The sworn trial testimony of William Flynn is copied as it was taken down by the court reporter. There is no attempt to correct spelling, grammar, or sentence structure. Comments by this writer (who was present for the entire trial) are noted in brackets [ ] and are her opinion(s) based on documentary evidence and interviews with hundreds of victims and professionals in the industry. Emphasis (if any) is added by this writer.

THE SWORN TESTIMONY OF WILLIAM FLYNN

DIRECT EXAMINATION BY FAR® LAWYER DON PAYTON:

Q. Good morning, Mr. Flynn.

A. Good morning, sir.

Q. Would you state your full name for the record, sir?

A. My name is William J. Flynn, F-l-y-n-n..

Q. And what is your current occupation, Mr. Flynn?

A. I am forensic document examiner.

Q. Okay. Where do you reside, sir?

A. Phoenix. Actually, my home is in Mesa, Arizona. My business is in Phoenix, Arizona.

Q. All right. You said you were a forensic document examiner. Can you tell the jury what that means?

A. Certainly. I have been a forensic document examiner for 42 years. Most of my work on a day-to-day basis involves examination and comparison of questioned handwritings, hand printings and signatures. Probably 65 percent of my work on a day-to-day basis as it has been over the past 42 years has been the determination of whether writings, signatures or hand printings are genuine or not. Another significant portion of my work especially since about 1983, '84 has been the examination of computer generated documents. These would be documents that are used primarily in litigation. For instance, contracts, which is, probate matters, that sort of thing, to determine whether or not the printing process, for instance, was available at a given time. I am often asked to tell whether or not a will that was allegedly generated in 1983 is -- really comports with technology that was available back in 1983 rather than more modern technology. I perform paper examinations. I perform ink comparisons, which is very common in the medical malpractice side of my business also where determinations are made whether or not the medical records have been tampered with, have additions been made to the record after the lawsuit began, have alterations been made within the laboratory analyses and the charting notes, that sort thing. In general, whenever there is a question that involves a forensic question involving a document, a forensic document examiner like myself is utilized.

Q. Okay. Do you do any examination of lottery tickets?

A. I do.

Q. What does that involve?

A. I have actually testified in a criminal case involving lottery tickets in Detroit. Most of the work that I do involving lottery tickets is -- we get the tickets before they go on sale. These are the scratcher tickets. And our laboratory tries to determine whether or not you can read the information underneath the latex before they go on sale. In other words, would someone like the seller of the lottery ticket, the Seven Eleven owner, be able to go through his supply of lottery tickets and determine where the winners are before they went on sale. So I have been doing that work for 22 years actually, ever since Arizona got into the lottery business, and I now do it privately for many states around the country including Minnesota. We have tested all Minnesota's lottery tickets for the past 20 years.

Q. Can you tell me a little bit about your educational background, sir?

A. I have a bachelor of science degree. My education and background training in the field of forensic document examination actually began back in 1968. I was brought into the Philadelphia Police Crime Laboratory at that time and was initially trained at the Pennsylvania State Police Crime Laboratory in Harrisburg, Pennsylvania. Following that training I was sent to the United States Secret Service school in Washington, D.C. Later was trained also at the Federal Bureau of Investigation in Quantico, Virginia. I completed my two year training in the Philadelphia Police Crime Lab and remained there as a document examiner until about 1971, thereabouts, I guess. I was then offered a position with the Arizona State Crime Laboratory and I took that job. I left Philadelphia and became an examiner for the Arizona State Crime Laboratory until I retired 20 years later. Since that point in time until the present, I have been in full-time private practice with my own laboratory.

Q. What is the name of that?

A. Affiliated Forensic Laboratory, Incorporated.

Q. Okay. Now while you were with either the Philadelphia Crime Laboratory or the Arizona Department Of Public Safety, what did you do for them? Maybe they are different, but if they are, please tell me.

A. Well, all the work that I did, virtually all the work I did for the Philadelphia Crime Lab and the Arizona State Crime Laboratory was in the criminal arena. Our laboratory was retained in a sense by the prosecutors throughout the state of Arizona. We did the work for the county attorneys in the various counties of Arizona, the Federal U.S. Attorneys. We did the work at that time because the proximity of our lab, we did the work for the FBI, the Secret Service, the United States Postal Laboratory, all the military investigative bodies, Army CID, Air Force Criminal Investigation Division. So essentially my clients during that 20 years that I was with the Arizona State Crime Laboratory was literally every police agency in the state of Arizona at the local, municipal, county or state and federal level.

Q. Now, when I ask you about your educational background, I wonder, sir, is there any specialized training you have to receive to become a document examiner?

A. Oh, yes, there is.

Q. Can you tell me about what that is, sir?

A. Sure, there is a well-defined two year training program that's been in affect in this country in the U.S. for the better part of 40 years, the training that we receive. That's the training program that I went through when I began with Philadelphia Police Department. But in addition to that, the certification that I maintain, the diplomacy in the ABFDE, it's an acronym for the American Board of Forensic Document Examiners.

THE COURT: Speak a little slower.

THE WITNESS: Yes, your Honor.

A. It requires, even as the local profession does, that we maintain ongoing currency training so that in order to maintain our status at a diplomate we must attend so many forensic conferences, attend so many symposia, generate research papers and so forth. So just as in almost any other profession we have ongoing training that we are required to maintain.

Q. All right. What is ASQDE?

A. The American Society of Questioned Document Examiners. That's the oldest forensic document organization in North America.

Q. Are you a member of that, sir?

A. I am.

Q. Have you ever worked for the United States Secret Service?

A. I have done cases for -- I was trained by the Secret Service at one time and during my tenure with the Arizona State Crime Lab we worked many cases for the Secret Service, yes.

Q. Now, other than what you told us about two acronyms that you described, as part of your job, do you engage in any continuing education or continuing training?

A. I do. As I mentioned, I'm required, in order to remain -- to maintain my diplomat status, to attend on a yearly basis I have to provide what are called reeducation or education points. So that when I turn in my application every year I have to prove that I attended so many seminars, workshops, symposia, generated research papers, that sort of thing. It is an ongoing, continuously ongoing process.

Q. Okay. Are you a member of any professional organizations dealing with forensic document examination?

A. We mentioned ASQDE, the American Society of Questioned Document Examiners. I'm a member of the American Academy of Forensic Sciences. I am a member of the Southwestern Association of Forensic Document Examiners. And my board certification is through the American Board of Forensic Document Examiners which board certifies all the forensic document examiners in North America. I say that because the Canadian Forensic Document Examiners like the RCMP examiners are also board certified through the ABFD.

Q. Were you ever an officer in any of those organizations.

A. Yes.

Q. Which ones and what office?

A. I was past President of the ABFDE, the American board. My job at one point in time was to determine whether or not the applicants would or would not be board certified. I also been past President of the Southwestern Association of Forensic Document Examiners. I am co-founder of that organization.

Q. Now, sir, how long have you practiced as a forensic document examiner?

A. I began in February of 1968. So this past February was 42 years.

Q. Forty-two years. And during that time period, sir, can you tell the jury approximately how many forensic examinations you have undertaken?

A. Well, I've either directly examined or as the senior or chief of the section, reviewed something in excess of 22,000 reports. Many of those were in the 25 years that I was in the criminal side of the slate, but certainly since I retired in 1991 the balance is starting to swing more toward the civil practice.

Q. Okay. Have you, in going through your background, have you told us all the places that you recall that you worked as a document examiner?

A. Yes. There only has been three in the 42 years I work the for the Philadelphia Police, the Arizona State Crime Lab and since retirement with my own company, Affiliated Forensic Laboratories. That's the only three entities I worked for over these 42 years.

Q. I may have asked you this and if I did I apologize. Is your profession, does it have any certifying board?

A. Yes.

Q. Which one -- more than one?

A. There is only one -- the American Board of Forensic Document Examiners which is, it falls under the aegis of the American Academy of Forensic Sciences our board falls under the same sponsorship of the boards that board certify forensic doctors, forensic psychiatrists, forensic odontologists. These are forensic dentists and so forth. So the American Board of Forensic Document Examiners is part of the American Academy of Forensic Science's sponsorship.

Q. Do have you to be certified yearly or is it just a one time deal?

A. You have to prove that you remained current on a year to year basis but after -- I was one of the first 10 people to be board certified in North America. After 25 years I had to retake, I actually had to go through the whole process again, retake the same test that all of the newbies coming in the field had to take. It was a recertification for me after a very lengthy certification.

Q. Sir, now you told us that you are -- you now own, is that correct, your own company?

A. I do.

Q. And the name of that is what, sir?

A. Affiliated Forensic Laboratory, Incorporated.

Q. And what is the business of Affiliated Forensic Laboratory, Incorporated.

A. It's virtually identical to what I did over the 25 years that I was in law enforcement. We still do on a regular basis work in the criminal side of the slate. However, most of the work that we do in Affiliated Forensic Laboratories is for attorneys who are involved in civil litigation. I mentioned we have a fairly large medical malpractice side of our services we provide. But probate cases where signatures on wills, determining whether wills have been tampered with, contracts that are in dispute. So, most of the civil litigation cases that we get involved with these days are things of that nature, business records of one type or another.

Q. What percentage would you say, sir, is civil as opposed to criminal in your current business?

A. I would say that probably only about five, maybe 8 percent of our work is criminal. The rest is probably 92 percent or so is civil.

Q. Okay. Is that for both side of the fence? Plaintiff and defendant?

A. Yes. We testify about equally for the plaintiffs and the defendant. That is true even in the medical malpractice arena. We testify sometimes for the hospitals and sometimes for the plaintiff.

Q. Have you testified in court in any of these cases?

A. Oh, yes.

Q. And how many cases in your practice do you believe you've reviewed?

A. Well, at least 22,000 is the figure that I mentioned. But that would involve, the 22,000 cases would involve well in excess of a million and a half, perhaps as many as two million documents over that period of time.

Q. Okay. So you have testified in court. What type of courts have you testified in the past, sir?

A. Pretty much courts at every level. Everything from what we call justice courts or municipal courts, county courts. I testified in Federal Courts, many Federal Courts throughout country and I have testified internationally as well in the Middle East and in Europe.

Q. Okay. And have you been certified as an expert in court?

A. I've always been permitted throughout my entire 42 years career, I have been permitted by the court to testify as an expert, yes.

Q. Have you ever testified or ever reviewed a case involving art?

A. Yes.

Q. Can you tell us about that?

A. Well, probably the biggest art case that I was involved in prior to getting involved in the Dali case involved Pablo Picasso forgeries. This is a case that took me all over the world essentially. These were six Pablo Picasso prints that contained six signatures in pencil at the bottom that were alleged to be genuine signatures of Pablo Picasso. They were sold, the prints were actually sold from anywhere between one point two and one point four million dollars based not on the value of the print per se but based on the fact that these were signed copies of the prints. That was a case that probably took up a year of my life or so examining.

Q. Okay. And what was your role in that case?

A. I was asked to examine the Pablo Picasso signatures on the prints and compare them to other Pablo Picasso signatures that were provided to me. I had both published signatures of Pablo Picasso in various works and I also was able to, fortunately enough, to go to some museums and take a look back in the scholars area of some of the signatures of Pablo Picasso that were on file. I was also given an opportunity to go to Paris, France and examine some signatures of Pablo Picasso at Musee Picasso in Paris and also the Bibliotech Nationale in Parish as well.

Q. And what year was that as well?

A. It would have been around, it would have been in the late 80's to early 90s, somewhere in there.

Q. Do you know what the result was?

A. The result was a settlement. The gentleman who retained me suspected that the signature on his print was a forgery and that was my determination as well and the case settled in New York. It was a New York trial. If fact, the day it was supposed to start it did start and settled before any testimony was heard.

Q. Okay. Have you testified in any other art cases? Or been involved in any other art case?

A. I have been involved in art cases, most of which have settled. I have testified in other historical signature case, however. One was a murder case actually involving historical signatures where --

THE COURT: Just a moment. Are we talking about art cases?

MR. PAYTON: Yes. That was my question.

THE COURT: Why don't you ask the question again.

MR. PAYTON: Sure.

BY MR. PAYTON:
Q. For purposes of this question, Mr. Flynn, I can go on to the other, but do you recall any other art cases you were involved in?

A. Yes.

Q. About how many?

A. Just where -- Renoir, signatures of artists were involved, probably three or four cases I would say.

Q. Any of the cases, any of the cases you have been involved in, have any of them received any notoriety to your knowledge?

A. Well, the Picasso case certainly got a lot of notoriety in New York because of the figures. Picasso's heirs did, in fact, come to New York to testify in the case. There were other cases that I have been in that involved historical figures but not art figures that have received fair amount of notoriety.

Q. Anything anybody might have heard of?

A. On the art side or the historical figures?

Q. Either.

A. Yes. Potentially a case up in Utah was a bombing, a bombing case about 21 years ago where collectors of historical documents wound up in a dispute and one of the dealers resolved it by bombing three people. So that obviously received a lot of notoriety up in Salt Lake city but maybe not outside those confines.

Q. What was your role in that case?

A. My role along with the FBI's role was to examine the documents to determine whether or not the writings and signatures of these historical figures -- most of them were historical figures in the Mormon church, the founder, Joseph Smith and others -- to determine whether or not the signatures were authentic or the documents themselves, the paper, the inks and so forth were authentic.

Q. Have you published any papers, sir, in the area of forensic document examination?

A. I have.

Q. Approximately how many?

A. Probably over the years about maybe 20 papers, something like that.

Q. Have you ever received any awards for your work in forensic document examination?

A. I have.

Q. Just give us a brief summary, if you may.

A. Well, I received numerous awards over the years from most of the police agencies that we did work for that resulted in the resolution of difficult cases. I had over 214 awards presented to me in that light while I was working in the criminal arena. Just last year I received an award called the Ordway Hilton Award, which is the top award that's given by the American Board of Forensic Document Examiners for outstanding work in the field.

Q. Mr. Flynn, do you do any teaching?

A. I do.

Q. And where and what do you teach?

A. Well, I taught for 14 years at the college level, a course in forensic document examination for the ABA, the American Bankers Association. Most of the teaching that I do these days is done on a workshop or symposia basis. In fact, this month we will be doing training for the Maricopa (ph) County Recorders Office for people that check the signatures on petition ballots, petitions and signature ballots that go out for the upcoming election in November. It's a short course to familiarize them with what to look for to determine whether or not the signatures may or may not be forged on these petitions.

Q. Okay.

MR. PAYTON: Your Honor, at this time, I would like to submit Mr. Flynn as qualified as an expert in the field of questioned document examination, forensic document examination.

THE COURT: Any objection?

MR. YOUNG: Your Honor, I would like an opportunity voir dire the witness.

THE COURT: You may.

In the next article, we will pick up with Park West Gallery lawyer, Rodger Young, challenging Mr. Flynn on his qualifications. Voir dire is a legal term, pronounced (vwahr [with a near-silent "r"] deer) n. from French "to see to speak." A lawyer will usually concede the opposing proffered expert’s credentials and does not contest the opponent’s motion to have the court recognize the witness as an expert in a particular field as Don Payton motioned the court to do. But this was not the case with Park West Gallery even though it was obvious that William Flynn was abundantly qualified. Voir dire, is a self-contained evidentiary exercise in which (in this case Rodger Young) the opposing lawyer is permitted to question the proffered expert in the jury’s presence concerning his credentials before the court accepts him as an expert and permits him to testify as one. This was Park West Gallery's desperate attempt to disqualify William Flynn as they tried to do with all of our expert witnesses, including Frank Hunter and Nicolas Descharnes.

The best is yet to come. Stay tuned for Part 2 of William Flynn's sworn testimony, coming soon!

Classical Antiquity and its Works of Art

2012-01-18T16:12:00.001-07:00

by John Daab Ph.D., for Fine Art Registry®

Classical Antiquity and its Works of Art¹
The Museum Docent Series

Introduction

Classical Antiquity

A common thread running through much of European or Western Canon art are its roots during the period of 800 BCE to 150 CE. This period is traditionally known as the Classical Antiquity Period consisting of Greek, Persian, Etruscan and Roman historical developments of politics, literature, ethics, religion and art.² This same period was later looked upon as the Axial age since so many systems of knowledge and religion developed during the period.³ Some have noted that there was a divine instigation behind the facts that Buddhism, Confucianism, Christianity and other doctrines emerged at the same time. Most scholars would rather not accept the religious etiology of the period. It seems more to the point that trade routes and nation building forged the period rather than the hand of a divine operator. Hoving would classify the period as one of marauding, colonizing and copying the artistic works of subjugated peoples.⁴ The significance of this period for art is that it gave rise to the beginning of works which created a new life form for humanity. In addition to being a worker, warrior, one could now become a sculptor, potter, pottery painter, and builder. This period is a fountain for the themes, myths, and icons permeating later works which seem to reappear throughout the remaining periods of art history up to the 20th century. To be able to read and understand a work of art, one must know those periods providing its content.

Brief History

At the crossroads between Africa, Asia, and Europe lies Greece. Prior to the Classical Antiquity period, Greece existed in what is commonly known as the Dark Age. This age was one marked by a nomadic/pastoral life with no cultural development and little information about the period following the Iliad and the Odyssey. Following the Dark Age, there arose the Classical Antiquity era containing the Daedalic, Archaic, Classical, and Hellenic sub periods. The early part of the period was marked by the formation of the city-state polis which looked upon its citizens, foreign residents and helots (slaves) as the driving forces of a developing economy. Coexistence of its disparate classes and equality of its people was promoted and required. The polis concept spread through the areas and trade connections were made with Africa, Asia, and Europe. As the citi-states grew Athens and Sparta became the dominant players with an undercurrent of animosity based on incongruous political ideologies. The Classical Period gave birth to advances in politics, literature, art and architecture. It also brought war from the outside from the Persians and the inside between Athens and Sparta. As the Golden Age was spiraling upward, the Roman Republic was gaining momentum as a dominant power in the area ultimately subjugating the Greek kingdom following the death of Alexander. In the Hellenistic period in 31 BCE at the Battle of Actium Augustus (Octavian) defeated Greek armies and defined the end of Ancient Greece.⁵

Classical Antiquity and its Categories

The Antiquity period is further broken down into the Daedalic 700-650, Archaic, 650-500, Classical 500-323, and Hellenistic 323-150. Please note that the categories and times provided are not universally accepted. The categorization is a function of author, discipline, organization and time.

Daedalic

Daedalic 700-650⁶ BCE

The Daedalic period is named after the sculptor Daedalic who created sculptures for King Minos at Knossos. It has been noted that Daedalic's bodies "...have natural proportions, the roundness of the heads tempered by a certain slant to the cheeks, and the foreheads enclosed in a low, horizontal hairstyles."⁷ The presentation of the work is frontal full face, sculpture in the round. Other sculptures were in relief. The face is triangular, low forehead, and cascading locks reaching over the shoulder. Note the rather blunt features, little detail, and almost asymmetry of the human face. The forehead is small with the viewer wondering if the eyebrow hair was connected to the hair on top but worn off through time. Sculptures are made from terracotta and limestone during this period, with some bronzes. Few bronze works have been found due to the needs of war which melted art works into armaments to be used in battles. It is during the period of 700-500 BCE that the foundation of ancient Rome took place under the rule of Etruscan Kings.

Archaic

Archaic 650-500 BCE

As the Greek city states continued is political and economic development within and without the Greek world, art flourished. "Sculptors in the Aegean islands, notably on Naxos and Samos, carved large-scale statues in marble. Goldsmiths on Rhodes specialized in fine jewelry, and bronzeworkers on Crete fashioned armor and plaques decorated with superb reliefs."⁸ This was the era of the Kourus and Koro sculptures depicted more naturally and with greater refinement. Excursions to Asia brought back influences of the Orient. The themes in the various art media were figures, motion, references to the Gods, myths, the games, and warriors. The use of black figure was a technological advance in firing works of clay, and preceded red figure. Red figure dealt less with incising figures on vases and more on drawing them.

Classical 500-323 BCE

Classical

During the classical period sculpture moved from limestone marble to bronze. There was also a movement from covered or draped female sculpture to no covering or nude. Statues were portrayed with more vitality and motion such as contraposto positions. Red figures on vases were presented with more vitality, greater narration, more details, and more depth. Household goods now consisted of metal cups made with the repousee methods.

During the course of vase decoration which tells us much a about the culture and technology the development of the various shapes is taking place. "Painted vases were often made in specific shapes for specific daily uses--storing and transporting wine and foodstuffs (amphora), drawing water (hydria), drinking wine or water (kantharos or kylix), and so on--and for special, often ritual occasions, such as pouring libations (lekythos) or carrying water for the bridal bath (loutrophoros). Their pictorial decorations provide insights into many aspects of Athenian life, and complement the literary texts and inscriptions from the Archaic and, especially, Classical periods."⁹

Hellenistic

Hellenistic 323-31 BCE

The Hellenistic period, the last period of Classical Antiquity following the death of Alexander the Great, witnessed an upsurge of jewelry manufacture with more expensive stones and elaborate detail. The wealthy provided funds for museums and libraries, and the population of artists began moving away from the idealization of figures to representations of reality. As the Romans began to become more involved in Greek life and the Greeks became more cosmopolitan with numerous trading partners art began to reflect the differences in cultures. During this period one finds works representing Africans and the styles of different cultures. Roman art began to utilize available Greek works as exemplars for their own works. Romans frequently copied Greek sculptures for their own houses and environments.¹⁰

Conclusion

Our trip through the period of Classical Antiquity demonstrated a movement from rudimentary art in the Daedalic era to a refined, elegant depiction of figures in motion or in stasis. This was a movement from the blunt to the ideal to the real. The images will be found throughout the history of art and in various styles, movements, people and locations.

The Museum Docent - read previous articles in the series:

References:

1. As with many historical period starting and ending points, delineations are fluid. While some scholars label a period as Archaic others may label it late Geometric. Still others may sub-categorize as early or late, or high and low. For the sake of simplicity and clarity general categories will be used.

2. http://www.visual-arts-cork.com/antiquity/greek-sculpture.htm

3. http://www.newworldencyclopedia.org/entry/Axial_Age

4. Hoving, T. (1997). False Impressions, New York: Simon and Shuster

5. http://www.ancient-greece.org/

6. http://www.all-art.org/history52.html

7. http://www.visual-arts-cork.com/antiquity/greek-sculpture.htm

8. http://www.metmuseum.org/toah/hd/argk/hd_argk.htm

9. http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=Athenian+Vase+Painting%3A+Black-+and+Red-Figure+Techniques+|+Thematic+Essay+|+Heilbrunn+Timeline+of+Art+History+|+The+Metropolitan+Museum+of+Art

10. http://www.greeklandscapes.com/greece/athens_museum_hellenistic.html

Huff Post says Park West Gallery is the most overt example of alleged deception

2012-01-12T09:47:00.000-07:00

by Theresa Franks, for Fine Art Registry®

Timing is everything! The article we published yesterday titled, Park West Gallery customer's desperate cry for help--how do we get our money back? is punctuated by an excellent article also published yesterday on the Huffington Post web site, titled What Is an Original Print (and How Do Art Fairs Define Originality)?, authored by Daniel Grant.

The article sheds brilliant light on the prolific abuse of multiples or "prints" in the art market. Many promoters of art shows, art fairs and the like are cracking down on those that sell multiples as "original" works of art when they are not. Here is a quote from the article which references Park West Gallery as the most "overt" offender.

The most overt example of alleged deception has involved Park West Gallery of Southfield, Mich., which provides artwork that is auctioned on cruise ships (as part of their entertainment programming), and has been the object of a series of lawsuits for selling giclees that are described as original and "investment-grade" art with over-inflated valuations. Royal Caribbean, Celebrity, Norwegian, Carnival, Disney, Holland America, Regent and Oceania lines all hold on-board auctions that have netted Park West up to $300 million annually, selling works by such artists as Salvador Dali, Joan Miro, Pablo Picasso and Peter Max.

Thank you for this insightful article, Huff Post. We couldn't agree more.

Park West Gallery customer's desperate cry for help--how do we get our money back?

2012-01-11T12:36:00.000-07:00

By Theresa Franks, for Fine Art Registry®

Most confidence games are built on human frailties. When people learn - as I doubt they ever will - that they can't get something for nothing, crime will diminish and we shall all live in greater harmony. -Yellow Kid Weil

Since our last article regarding Barry Stevens' report to Fine Art Registry that he was sold a forged Muhammad Ali photograph by Park West Gallery, we have been inundated with inquiries regarding forged, faked, grossly overpriced, and spurious artwork and sports memorabilia that has been sold by Park West Gallery (and others like Park West Gallery). In fact, Autograph Magazine Live! has quite a discussion going on the subject. This article is written as a result of a complaint we received yesterday from a victim who purchased Park West Gallery Rembrandt prints on which we have reported extensively.

Yellow Kid Weil was a famous confidence man of his era. He swindled many in the early 20th century and the statement he makes in the quote above is true today! His tell-all book is filled with interesting stories of how everyday swindles and confidence games are done which, by the way, are no different than the con jobs that are perpetrated in the art and collectibles markets every single day in the 21st century. In fact, little has changed when it comes to swindling people. The standard, fool proof elements are (and always will be) the same: gain a person's confidence, find that fulcrum in people--twist it, capitalize on it, and go in for the kill.

Sadly, in this tough economy, many Park West Gallery customers are seeking to sell the artwork they purchased for princely sums to pay for things such as medical bills, mortgage payments and groceries. After all, Park West Gallery represented and promised its customers (through verbal representations) that the artwork they were buying was indeed "valuable" and "authentic" and was also a "great investment."

Albert Scaglione has signed and issued thousands upon thousands upon thousands of Park West Gallery appraisals which are not official appraisals at all. Rather, they are simplistic, grossly inflated, self-serving pieces of paper that reference a dollar figure with absolutely no valid support of any kind for the value stated.

Park West Gallery owns the artwork it appraises. Appraising ones own inventory is a conflict and not at all impartial. Outside of Park West Gallery, the appraisals are entirely meaningless and are not honored or taken seriously by any art professional, auction house, dealer, or independent appraiser that is worth their salt. Albert Scaglione is not an appraiser with any known appraisal association and is not qualified to issue appraisals based on the USPAP (Uniform Standards of Professional Appraisal Practice). However, as meaningless as the Park West Gallery appraisals are, they do serve a very important purpose for the Park West Gallery business model. The appraisals are used cleverly by Park West Gallery to keep its customers believing that what they purchased is indeed valuable and worth more, significantly more than the Park West Gallery purchase price. It's all an illusion! So, you see, in order to support the purchase price of what they sell, Park West Gallery must show and convince its customers that the piece that is being sold to them appraises for much more. We have yet to see a Park West Gallery appraisal that states a value for less than what the customer paid. On the contrary, the Park West appraisals are always inflated, and in many, many cases, egregiously so.

The critical question here is: Why does Park West Gallery issue or offer an appraisal on its inventory at all? Besides making a small fortune charging $35.00 for each appraisal (essentially for worthless pieces of paper that are no different than the text printed on the Certificate of Authenticity they issue on the artwork for free), why not just let the customer seek out his or her own independent appraisal? Ahhh, because the Park West Gallery appraisal is all part of the scheme to keep the Park West Gallery customers drinking the Park West Gallery Kool-Aid. How many reputable art galleries or art dealers offer their own appraisals of artwork they sell, own, or consign? Not too many, and if anyone is considering purchasing works of art or other valuable objects from galleries that do offer to write an appraisal, great caution should be taken before plunking down your hard earned money. Do your due diligence. Just because the gallery selling the work says its worth so and so--doesn't mean it is--the same goes for authenticity. Get a good, solid independent third party opinion before you risk your money. There is a good reason why Park West Gallery does not encourage its buyers to seek third-party opinions on authenticity or value of the inventory it sells.

Like Yellow Kid Weil, the Park West Gallery salesmen aboard cruise ships promised cruise passengers the earth, the sun, the moon and the stars--not a single word or verbal representation coming out of the mouths of Park West Gallery sales people or its gallery staff can be relied upon or taken as truth--and this is exactly how Park West Gallery tries to escape liability, by arguing in litigation filed by victims that their terms and conditions state clearly that no verbal representations by their salesmen can be relied upon. And so, if no verbal representations can be relied upon, this must necessarily mean that nothing Park West Gallery or its salesmen say about authenticity or value can be relied upon either. Therefore, all Park West Gallery sales must be a sham in one form or another according to Park West Gallery's own terms and conditions.

Park West Gallery simply can't have it both ways--either the verbal representations their salesmen make are valid and true, or they are not. Park West Gallery's verbal representations therefore (according to their own statement) are nothing more than hype, puffery, slick sales tactics, if not out and out lies, to induce cruise passengers to buy and to buy big. The Park West Gallery VIP auctions are being pushed heavily by them these days as they lost a big chunk of their business when they were booted from Royal Caribbean, Holland America and Disney Cruise lines after Fine Art Registry won a unanimous jury verdict against the gallery in 2010! It is a fact that the gallery preys on individuals that have never purchased a serious piece of artwork in their lives and have never attended a legitimate art auction in their lives. Let the buyer beware! Park West Gallery is still actively mining (over and over and over again) the same cruise passengers from Royal Caribbean and other cruise line brands to attend their VIP dog and pony show events.

It has been reported that the VIP events Park West Gallery hosts costs the gallery a small fortune and they have little time (depending on the length of the event) to work the invitees (intense pressure) in order to get sales to the point where they can cover their nut in expenses and also (if all goes according to plan) make an enormous profit at the same time. Ben Valenty put on the same kind of VIP dog and pony shows with his company--it's just a business model that works well for these types of art peddlers. It's easy to catch the unsuspecting, unsophisticated buyer who gets sucked into the promise of a grand trip or cruise and the attention that is lavished on them at these VIP events, not unlike a Vegas high roller being ushered into an all-expense paid suite in Vegas (but as we all know, the house always wins). The Park West VIP events are usually all expenses paid with plenty of wining and dining and buttering up of the invitees (Morris Shapiro is a master at this). There is little or no time for due diligence as the invitees are kept busy by being herded into endless pseudo auctions throughout the VIP stay. However, the minute the invitee stops buying at these VIP auctions--well, they immediately fall from VIP grace and typically aren't invited to another. The time that Park West Gallery customers stop buying at VIP events is usually the time that they are either saturated with having purchased so much Park West Gallery art (the same artwork by the same artists over and over again) they don't know what to do with it and/or are completely tapped out financially.

People are suffering economically and frankly there is no end in sight to the economic turmoil worldwide. So, it only makes sense that Park West Gallery buyers would try to keep their economic boats afloat by rushing to try to cash in on what Park West Gallery represented to them as "great investments" in art, before its too late. Some Park West Gallery victims are willing to take just about anything for the Park West Gallery art--in order to eek out just a fraction of a return on what they initially spent with the gallery. But even at pennies on the dollar there aren't any takers--no one is buying--not Park West Gallery inventory anyway, at least not those that know any better. Park West Gallery won't even eat its own dog food, despite promises at the time of sale that they will buy their own artwork inventory back.

It's clear that many of the 1.3 million satisfied customers that Park West Gallery claims to have are now waking up to the fact that they have been lied to by Park West Gallery salesmen regarding their artwork purchases--and we can't think of a greater breach of trust than to outright lie, misrepresent, or to lie by omission (which is another favorite tactic of Park West Gallery salesmen). It should be noted that when it suits them to do so, Park West Gallery claims their salesmen are not Park West employees at all, but rather are employed by a sham company controlled by Park West Gallery, known as Plymouth Auctioneering.

As we have said from the very beginning of our investigation into Park West Gallery's unfair and deceptive trade practices, the true test of the authenticity and value of the Park West Gallery artwork (including sports memorabilia) is when Park West customers try to resell the artwork (the so-called great investments) on the secondary market. Or when the Park West customer goes to consult an art professional about the value of the artwork, or when they are required by their insurance carriers to seek out a formal appraisal (independent of the worthless Park West appraisal). It is at this time that Park West Gallery customers are faced with the cold hard facts, the truth--that the artwork they were sold is either misrepresented, or is inauthentic, or is grossly over valued, or is not as represented or described (especially when the artwork is inspected outside of its frame), or is faked, or is forged, or is a combination of one or more or all of these.

To give our readers an idea of what Park West Gallery customers are facing today, what follows is an email we received yesterday from victims who will remain anonymous in order to protect them from being threatened and harassed by Park West Gallery and its lawyers:

My husband and I purchased 5 Rembrandt "etchings", millennium edition in 2008 on Royal Caribbeanline. We have just tried to sell them,as cash flow is a problem for us now; I have just had open heart surgery and myhusband, Tom has just had a full knee replacement. They [the Rembrandts] are worthless, not even etchings! but[are] photo mechanical copies. The same withthe 2 Peter Max we bought - we don't know if they are authentic, but we doknow they can be purchased on Ebay for 1/3 of what we paid to Park West. How can we get our money back???? Please address the issue of how to get yourmoney back from Park West.

If indeed the Rembrandts this victim purchased from Park West Gallery prove to be photomechanical reproductions as stated, then Park West Gallery has some serious splaining to do. This isn't the first time this has been reported to us. There is a huge difference between photomechanical reproductions and true etchings from the plate (even if the etchings have been produced recently in the 21st century). Oh and to add insult to injury, these victims were just invited by Park West Gallery to another VIP event in the hope that they will buy more of the same no doubt.

Fine Art Registry exposed Park West Gallery in 2009 as it relates to the sale of its Rembrandt etchings. Here is a link to our 4-part series of articles on the subject. The Millennium Impressions.

And here is a 2010 video of a discussion regarding the Rembrandt Plate investigation. It's also important to note that Bill Smith (who Park West Gallery has hidden away as he knows too much) was responsible for the acquisition of the Rembrandt plates and was also responsible for the majority of the spurious Dali print inventory that Park West Gallery has acquired over the years.

If you feel you have been wronged by an art dealer or any other art or collectible dealer, please feel free to contact Fine Art Registry. We may feature your story. We will keep confidential any information for those who wish to do so.

Park West Gallery accused of selling an Ali forgery

2012-01-06T15:19:00.000-07:00

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.

Fine Art Registry artist Stephanie Schaetzchen and her magical world of painted ponies

2012-01-05T11:09:00.000-07:00

by Fine Art Registry®

Paloma Blanca--FAR® ID: 39993

It's fascinating to learn how artists get started in their respective art careers, and especially those artists that self-represent and self-promote. We love to report their success stories!

Stephanie Schaetzchen's path to Painted Ponies all began with a going away gift that she received from a friend in Germany before immigrating to the U.S. with her husband in 2005.

Stephanie's body of work consists of 137 hand Painted Ponies--all permanently registered and recorded for posterity and authenticity with Fine Art Registry®. Her career as an artist has blossomed and her ponies are now collected in the U.S. and internationally. Check out Stephanie Schaetzchen's Fine Art Registry portfolio.

It should be noted that the artists who create painted ponies enjoy a huge base of serious and avid collectors worldwide.

Below are just a few of the examples of Stephanie's creations. Notice, too, the quality of the images that Stephanie uses to display her artwork:


Magic of the Season--FAR® ID 41651

Tacchino--FAR® ID: 37481

Life Lines--FAR® ID: 35074

Tempted to pirate and hijack another artist’s work?

2012-01-03T13:16:00.000-07:00

Do so at the risk of possible criminal and civil prosecution!

By Theresa Franks, for Fine Art Registry®

They say imitation is the greatest form of flattery!

Uh, not when it comes to visual art.

For some artists, it’s tempting to copy other contemporary artists that are selling well or artists that they would like to emulate in style or technique. However, most artists that have suffered loss and confusion in the marketplace as a result of having their work copied do not consider “imitation” or “copying” of their work, the greatest form of flattery, not by a long shot. Rather, they will tell you that the copying of their artwork is often destructive, an all out nuisance and is considered by most artists as intellectual property theft. Some artists may not know any better and others will copy artists out of pure spite, jealousy, low self-esteem, or the absence of creativity or talent. Of course, it should be noted that there are large art dealers and publishers out there that are also in the artist copyright infringement business—but this is another article for another day.

There are many sociological and psychological reasons as to why artists copy other artists’ works. At Fine Art Registry we have witnessed firsthand a wide range of situations concerning copyright infringement and the theft of intellectual property. We’ll make it very plain: closely copying another living or recently deceased artist's work for commercial purposes (meaning to profit from it) is illegal, and the act of copying another artist’s work could result in a civil and potentially criminal violation of copyright statutes both in the U.S. and in most international jurisdictions. Ethically speaking, it is wrong and does nothing for your career as an artist, unless you want the reputation of a being scallywag.

So, if you are one of these so-called artists that seek to intentionally leech off of successful artists by copying their work and selling it, please do yourself and all of us a huge favor: DO NOT COPY! It never works out in the end as the work is anything but authentic, is never the same quality as the original artist who created the work, and it serves to do nothing but to cause uncertainty and diminished trust in the marketplace. Worst of all, it could get you sued, criminally charged, or worse.

Fine Art Registry offers artists a solid system and database to protect their body of work by registering the work before the artwork leaves the artist’s studio and before it is ultimately sold to a collector. FAR® registrations are date stamped and time stamped so that there is no confusion as to who the true author of the work is, or when and how the work was created. Fine Art Registry artists have the confidence that what they create, register and tag (using our U.S. Patented, FAR® ID tags) in their permanent portfolio is protected against pirating and hijacking. We assist many artists who have found themselves in copyright infringement situations and as a direct result of their FAR® registrations they have prevailed on many of these issues, when otherwise they would have been without recourse.

There is nothing wrong with being influenced and inspired by other artists (living and dead); to learn from other artists, past, present and future, by implementing techniques and styles to enhance your own work. Students in art schools reproduce works of art all the time in the study of making art. After all, there is nothing new under the sun. Artists through the centuries have learned from and studied other artists which have spawned all sorts of art movements. But the deliberate, intentional act of copying another artist’s work for commercial gain is morally wrong, harmful on a variety of levels, and quite likely (depending on the circumstances) completely illegal.

The best advice for artists that may not know any better is to take the path of least resistance. Do not copy another living (or recently deceased) artist’s work! Instead, reach down deep into your creative thought and try creating work that is uniquely your own—brand yourself and your work as an artist that is distinctive and exceptional, and like none other. If you are unsure if what you are creating infringes another artist's work, then don't do it.

There is unfortunately, on the other end of the spectrum (and we have dealt with them) those individuals that will intentionally and maliciously copy other artists’ works not so much for the commercial gain it offers (as the profit is just a bonus), but because of some psychological deficit in that individual that gives them skewed pleasure in harming another. For these hard cases, civil and/or criminal prosecution is the only answer. Many times, these desperate and delusional individuals believe they are untouchable and that they can get away with stalking artists—but in time they are ultimately caught and are shutdown, but usually not before much damage to the artist and his or her body of work has been done. In severe cases, some artists have had to file for restraining orders against individuals that cross the line from copying their artwork to full blown obsession. Yes, it happens.

Here are a few things you can do immediately if you believe your artwork is being copied and marketed commercially:

Document the infringement by copying all advertisements and resulting sales records (if available) of the infringed works, if possible.
Notify the infringer in writing (via email and by regular mail) that you are aware of the infringement and demand that they immediately cease and desist from copying your work and offering it for sale. In many cases, the infringer is anonymous and cannot be easily located or identified. These are the worst kinds of situations as you are fighting a phantom. Though the vast majority of copyright infringement occurs online, there was a report to Fine Art Registry not long ago where a visual artist walked into a large big-box craft store and noticed to her horror that her artwork had been copied and was being used in hundreds of picture frames that were being sold—all sourcing from China. She was stunned and found it extraordinarily difficult to fight copyright infringement overseas. Fortunately, Fine Art Registry was able to assist.
Copyright and permanently register your work—keeping a permanent record of your artwork’s details, including photos, title, description, medium, etc., is critically important – the more detailed you can be in your records, the better chance you have of protecting your intellectual property. It is important that this be done BEFORE you find yourself in a copyright infringement situation.
If the infringement of your work continues unabated after sufficient warning, notify the web site or web sites where copies of your artwork are being sold, advertised, or used for a commercial purpose and inform the webmasters that your intellectual property rights are being infringed. Provide as much detail of the infringement as possible. Make certain your correspondence is professional and well documented.
Always be diligent and jealous of your body of work. Surf the web as much as possible looking for infringement of your work. Know what “fair use” under the copyright law means and how images of your work can be used legally, and in some cases, can be beneficial to you as an artist marketing your work.
If the infringement continues contact a professional or Fine Art Registry for assistance.

Copyright infringement is a serious and real problem in today’s 21st century Internet age. It is therefore important that artists be cognizant and vigilant as one day you could find yourself in exactly this type of situation—and especially so if your artwork begins to rise in popularity and price.

In the future, we will feature a couple of case studies of Fine Art Registry artists that have lived the horrors of having their work copied. Perhaps you have your own story of copyright infringement. If so, we would be happy to hear from you.

Visual artists lose the masks, open a vein and rev up your potential for online sales in 2012

2012-01-02T17:39:00.000-07:00

By Theresa Franks, for Fine Art Registry®

They say a picture is worth a few thousand words and while this may be true, it’s really not enough to effectively market and ultimately sell your work online.

In 2012, wouldn’t you like to rise above mediocrity and separate yourself from the pack? If so, consider the benefits of dropping that mask you’re hiding behind and opening up a vein or maybe even an artery to find out if you can seize the attention of a universe of potential collectors. Just as it is human nature to rubber-neck while passing a horrific car crash on the roadway—the mangled, twisted metal bewitches us somehow—the wreckage slows us long enough to take a good, long look, even if we know we shouldn’t. The same is true for visual art collectors who are traveling on the Internet superhighway searching for a visual artist that will root them from their mundane shopping experience and transport them to another world, to visual artists unlike any others. Are you one of these artists?

Creating and making art is one thing. Being successful at marketing and selling it online is, well…another art form altogether, especially if you are (like the vast majority) a self-representing artist—meaning you wear all the hats: creativity, production, marketing, and sales. Oh, how many artists we have heard from that dream of being represented by an art agent (charged with the business of marketing and selling for them) while the artist is left to do nothing but dream and create the next masterwork in his or her sun-drenched studio while the sweet notes of Bach or Beethoven tickle the ear—as romantic as it is to dream about, it's just so 19th and 20th century. It is a fantasy for most artists and there is often is a dark side to agent representation which will be the subject of a future article on the Fine Art Registry® Blog. This is not to say there isn’t a place for agent representation in the art industry these days—it just isn’t necessary to have an agent in order to be a successful visual artist—not by a long shot, much like it isn’t necessary to successfully self-publish a book these days. Agent representation can very often be a detriment to the artist and there are many cautionary tales of artists that have been ruined as a result of agent representation. Art consultation with a professional on the business or marketing of art would be far and away more productive for artists.

In the 21st century, the art market is constantly in flux—technology is changing exponentially—and artists have to be fluid, flexible, and ready to change with the art industry (pop culture) and the market as a whole—no matter what your age or skill level. The amount of work and attention to detail you are willing to put into your self-promotion will ultimately determine how successful you will be as a visual artist and success is usually always measured by sales—and regular sales at that. Sure, we have heard of those artists that say they don’t care if they ever make a sale—they just create art for art’s sake, blah, blah, blah. This article is for those visual artists that have an insatiable thirst and are driven to make the dream of a full time career creating their art a reality and, more importantly, having complete control over the entire venture—it’s for those that have a deep desire to someday quit their day job to create, market, and sell their artwork on a full time basis and make a living from it. Is this possible? Absolutely.

The Lure, by Lorna Wallace-FAR ID 28133

Fine Art Registry artist, Lorna Wallace, is a success story. Once an executive, working in the rat race of corporate America, Lorna took a step of faith and began to chart her own destiny when it came to creating her art—and she didn’t depend on anyone to do it for her. She worked hard, representing and promoting her own artwork. After a couple of years, she retired from her job as a corporate executive and is now creating, marketing, and most importantly, selling her artwork worldwide. And because Lorna represents herself, she doesn’t share the proceeds from her sales with anyone—no middle men and no agents. Lorna has her entire body of work registered with Fine Art Registry®. Her portfolio consists of 1,937 pieces, to date. Lorna also enjoys listed artist status and has had great success. What does it take? Determination, drive, heart, and the willingness to open up and be a bit vulnerable and let the world know who you are as an artist and what moves you to create.

Lorna Wallace will be the first to tell you that there is no one on the planet that can market and promote your artwork better than the artist creating the work. So, how about broadening your horizons and let the world know something about your creation by blogging, tweeting, and facebook-ing about it? Tell the world why you create, what inspires you, what drives you as an artist, what you love, what you hate, what makes you tick, or anything else that may cause collectors to connect with you on an emotional level or any other level. Forget about the boring, dry, age-old, high-priests-of-the-old-order-biography that no one ever reads. Create a bio that someone will read—make it sensational—just like your artwork. Bring something new to collectors—help them see you like they have never seen you before—make slow down to stop, look and listen to what you have to say both through your artwork and your prose. You should come alive, larger than life through a blog post, a tweet, or a facebook message. It’s all about letting go and letting would be collectors know what makes your art original and worth collecting. This is what excites collectors and compels them to desire to collect your work.

Vick Rides Barbaro & Friends, by Steven Chandler-FAR ID 16707

You don’t have to be a professional or even a good writer to crank out some emotive prose that will help enhance your visual art and effectively promote you as an artist. Keep in mind that controversy sells art! Don’t be afraid to be controversial in your art or in your writing. A fine example of an artist who isn't afraid to be controversial is Fine Art Registry artist, Steven Chandler, and his artwork sells like hot cakes on a Sunday morning.

In today’s economy, collectors are more selective than ever as to what they spend their money on—so being able to connect emotionally with your prospective collectors is critically important and will most certainly give you the edge. But keep in mind, just like your artwork, blogging and writing is a commitment—even if it’s just a matter of posting a tweet or a quick sentence or two on facebook once a day or once a week…if you decide to start and you absolutely should, remember to do it on a regular and consistent basis.

Remember to treat the marketing, promotion, and sales of your visual art as if it is part of the creation of the artwork itself. So, go ahead! Open a vein (and regularly) bare your soul in prose just as you do when creating your art and share it with the world of prospective collectors and see what happens.

Art dealer-agent Ben Valenty files Chapter 7 bankruptcy--update

2012-01-02T10:56:00.000-07:00

By Fine Art Registry®

People Magazine Article

***BEN VALENTY BANKRUPTCY UPDATE*** On December 20, 2011, we informed our members and readers that Ben Valenty of ImaginArt and Elite Art Events filed for Chapter 11 bankruptcy. We now have confirmation that Ben Valenty has also filed personal bankruptcy (specifically, Chapter 7). This is a wake up call and a warning for artists and collectors to perform adequate due diligence before falling prey to art dealers and agents in an unregulated art market. Months before Valenty's bankruptcy filings, Fine Art Registry had informed Federal law enforcement of the reports we had received over the last several years concerning Valenty's deceptive business practices.

A Meeting of Creditors for the Chapter 11 bankruptcy filing of Ben Valenty's company, ImaginArt, is scheduled for January 18, 2012, at 2:30 p.m., at 411 West Fourth Street, Room 1-159, Santa Ana, California, 92701.

The Chapter 7 bankruptcy filing for Valenty is posted below in its entirety.

Open publication - Free publishing - More art crime

Fine Art Registry January Newsletter

2012-01-01T21:35:00.000-07:00

Happy New Year from Fine Art Registry!

Check out the latest Fine Art Registry® newsletter, for the month of January 2012.

Included in this issue: featured FAR® artist, Clyde Stallworth Jr, featured art registered with Fine Art Registry ID tags, new items for sale by FAR members, and upcoming art exhibit for photographer Cindy Sherman.

View the newsletter online: www.fineartregistry.com/newsletter/2012/01/

10 Artist Tips for online marketing in 2012--it all begins with capturing sensational images of your work

2011-12-30T17:56:00.001-07:00

by Theresa Franks, for Fine Art Registry®

Hey artists, how about starting off the New Year with a bang?!

We get questions from artists all the time on all sorts of subjects and we consult with many of them on marketing issues. However, the most frequent question we receive from artists is: how can I have more success in marketing my work online?

There are many factors and elements that go into successfully marketing online, but by far, the most important is capturing exciting, arresting, and sensational images that will grab a prospective collector’s attention—stop them dead in their web-surfing tracks and compel them to click on your portfolio to learn more—like the photograph to the right, for example. Fabulous images will cause collectors to want to buy and you don’t need a professional photographer to do it for you. With today’s digital cameras, anyone can capture quality images and while it may seem obvious that images are critically important to marketing one's work--it is astounding the number of artists that don't think twice about uploading inferior images to the web and then wonder why they aren't selling which often leads to discouragement and ultimately giving up on any hope and dreams of selling their work.

Here are just 10 of many tips to capturing images of your new visual art creation that will make your images scream for a collector’s “CALL TO ACTION” – meaning the kind of image that says, click-me-now-to-buy-you-know-you-can't-resist:

1. Buy a good, quality digital camera. You don’t need to spend a fortune—just be sure it shoots nice, clear images. Depending on what kind of artwork you are photographing, you might also want to pick up an inexpensive tripod, too. It’s almost impossible to go wrong these days on digital cameras. There are many artists who are also photographic artists. You may think that being a photographer would give one an advantage in marketing their artwork over artists that say, paint on canvas or create sculptures. This isn’t always the case. There are some great fine art photographers, but many make the same mistakes when it comes to marketing their work that other artists make. When displaying artwork online…images must absolutely be the best they can possibly be. Keep in mind that as an artist you have competition—a lot of competition. There are no statistics kept on how many artists there are worldwide. However, to give you a rough idea of the magnitude of your competition as a visual artist, try sitting outside on a clear night—look up into the sky and try to count the number of stars—this is the number of artists you are competing against for a collector's attention. There are far more artists than there are collectors, so the idea is to get your artwork noticed and consistency is the key to success.

An example of a set up for photographing your work

2. Set up a dedicated area in your studio or in your office or wherever best to photograph your work once it is completed. The photo to the right is an example (perhaps a bit over the top--but you get the idea). Choose a place where the lighting is good. For example, set up a card table with some black or white or other colored fabric or material that can be draped over an easel or tacked to the wall so that it creates a solid color background behind and below your artwork. You want the images you capture of your artwork to pop.

Power of Color by Silvio Jimenez-FAR ID No. 38538

Something from Above by Silvio Jimenez-FAR ID No. 385

3. Remove all of the background noise and obstructions before capturing images of your work--meaning any objects that appear in the background, above, below, or to the side that may interfere with a pure image of your artwork. Setting up a spot dedicated to taking images of your artwork will go a long way to shooting excellent images of your work. Keep in mind that prospective collectors want to see your artwork—not your brother’s Penn State sweatshirt draped on the back of an office chair on which you have propped the artwork, or any other paraphernalia that distracts or interferes with the image of the artwork. The image of your work should look as professional as you can possibly make it. Having a human being or any other living creature (no matter who or what it is) standing beside your artwork may be okay if you are making a scrapbook or a photo album, but it does nothing to market your work and it can actually be a complete turnoff and might very well chase collectors away who may have otherwise purchased your artwork had you left Uncle Bobby out of the photo. Many artists include people in the photos of their artwork in an attempt to show scale. Don’t do it. Just simply advertise the measurements of the work—trust us when we say that collectors will figure it out—and besides you to create questions in a prospective buyer's minds and encourage potential collectors of your work to email you or to make contact with you in any way you choose so that you can strike up a dialogue with them that may very well lead to a sale. Take a look at Fine Art Registry artist, Silvio Jimenez's work (above) as an example of how he digitally represents his work in images for the web. His photographs are clear, crisp and colorful--nothing to distract and interfere with the work itself.

4. Proper lighting of your images cannot be stressed enough. Dingy, gray or washed out images of your work will discourage sales. Sometimes it may be necessary to take your work outside into natural light to properly photograph it. However, the same care should be taken outdoors as indoors. Make sure there is no background noise that interferes with your image—such as the next door neighbor mowing his lawn or autos parked in the driveway.

5. Don’t photograph your artwork on carpeting (no matter how clean), leaning on a floor against a grimy wall, or in a garage where boxes and junk line the wall in the background.

6. If your artwork is a size that works with the size of your scanner—than it is recommended you scan your work. This is a fantastic way to really show off the detail and color of your work. Below is an example of a scanned pen and ink drawing.

Scanned Pen & Ink Drawing-FAR ID No. 34960

7. If at all possible, resist the urge to photograph your artwork in a frame, and especially if it is behind glass or Plexiglas as this material will often reflect images of objects that you don’t want to be seen—including the reflection of you dressed in your leopard Hoodie-Footie shooting the piece (yes, it has happened). If you have no choice but to photograph the piece in a frame which has glass or Plexiglas, do not shoot with a flash and try to step off to the side and capture the image at an angle in order to minimize the glare and reflection of objects. While there are those that would disagree, it is our opinion that framing is a subjective thing and unless the frame is a work of art itself or unless it is specifically designed by the artist to actually enhance or accompany the artwork, don’t photograph the work in the frame. James McNeil Whistler, for example, designed and sometimes painted his own frames to enhance or complement his work. Unless you are doing what Whistler did, lose the frame and photograph your artwork without it.

8. This one may seem like a no-brainer, but we have seen this over and over again. Do not even think about uploading a blurry image or an image that might even be a smidge out of focus, unless it is specifically intended or the “blur” is part of the artwork itself.

9. After capturing what you believe are satisfactory images of your newest masterpiece, upload them to a good photo program and if necessary make corrections to the lighting, contrast, color, or any other adjustment you believe is necessary so that the photographic image represents exactly or as close to exactly what the artwork looks like in person. You always want your collector (upon receiving your work) to tell you that your artwork looks even better in person than it did in the image you used to market it online.

10. Practice, practice and practice photographing your work. The beauty of digital photography these days is that you can review your photographs on the spot and reshoot immediately if necessary (does anyone use film anymore--seems so archaic these days, doesn't it?). The best way to get quality photographs is to practice capturing images of your artwork and experiment with lighting and with the space in which you are photographing—color, depth, etc.

There’s nothing more important than presenting your work as you would like to see it if you yourself were the one doing the shopping and the buying. As artists, it is difficult sometimes to put yourself into the shoes of a collector, but it is absolutely necessary if you want to effectively market your work online and actually have it sell.

Artists--feel free to comment with tips and suggestions of your own on photographing your artwork for the web.

Best wishes to all artists for marketing in 2012!

Stay tuned as we offer more practical tips on how to better market and protect your body of work and intellectual property.

Small Claims Flash Mobs in 2012? A new litigation strategy for cruise ship art auction victims

2011-12-29T17:01:00.000-07:00

by Fine Art Registry®

It is a fact that Park West Gallery is the most litigious art gallery on the planet. The gallery has succeeded in financially bludgeoning just about every litigant that has come up against them and they have cleverly used the court system to do so. Yet, the victims have stood strong in their resolve to fight for their day in court.

One only has to read the victims' sworn trial testimony that Fine Art Registry has published over the last year to learn that this gallery will do anything and everything to stifle and smother its critics and claimants. But social networking is working to fight corporate rip-offs and corruption on a grand scale—so that the pendulum finally swings in the favor of the average consumer—in favor of the victim that has been ripped off with seemingly no chance in hell of fighting the big guys that promise to crush them if they try.
We have reported over and over and over again how brutal Park West Gallery can be to its customers—just ask Sharon Day, Julian Howard, Martha Szostak, Mike Vallillo, Debi Austin, Heidi Rice, and literally hundreds of other victims who we have communicated with over the years that remain behind the scenes hoping for justice and a refund. This month (December 2011) Park West Gallery threatened yet another one of its customers, Patricia Holmes, who made a purchase of Dali prints that have been declared forgeries. Ms. Holmes answered Park West's arrogant threat with a lawsuit of her own in Tennessee Federal Court, alleging that the gallery defrauded her on the purchase of two Dali Biblia Sacra prints.

The lawyers for Park West Gallery in Michigan and Florida are kept very busy employing legal maneuvers to escape customer claims of fraud and deceptive and unfair trade practices, making it difficult and expensive for the average claimant to fight this multi-million dollar monster corporation. The deck is stacked against the consumer and this is by design.

Many of the Park West Gallery complainants we have heard from over the years (and many more who have posted their complaints online at other sites such as ripoffreport.com and pissedoffconsumer.com) have claims that fall at or below the $10,000 range. Unfortunately, it isn’t cost effective for people with claims below $10,000 to hire a lawyer and file a lawsuit against Park West Gallery as the cost of litigation would far exceed the purchase price of the artwork. Park West Gallery knows that this is the case and it takes full advantage, banking on the fact that its customers who demand a refund for spurious and grossly overpriced works of art, will ultimately succumb to Park West Gallery's fear and intimidation tactics and fade away into oblivion.

So, here’s a very realistic and viable alternative for the many claimants that might fall into the category above. Enter “Small-Claims Court Flash Mobs” for 2012. Take a look at this recent article in the LA Times. Heather Peters has the right idea. Hiring a lawyers isn't the only answer to getting satisfaction from a company that has ripped you off, and this is especially true when it comes to those who may have smaller claims--whether it's a Toyota automobile or a forged Dali work of art.

WATCH A VIDEO OF HEATHER PETERS

In theory, it would be nearly impossible for the self-proclaimed largest art gallery on the planet to defend against all the small claims court filings that could potentially occur en masse around the U.S. For example, in California, lawyers are not permitted and so the gallery would have to defend on its own. Now that would be something to witness.

In 2012, and in light of the recent ethics complaint that was lodged by Patricia Holmes with the American Society of Appraisers, against Bernard Ewell, he may very well find himself as a co-defendant with his darling (or should we say, former darling), Park West Gallery.

There are a number of advantages to filing a small claim, not the least of which is instant gratification in finally being able to do something about being ripped off. There is very little procedural red tape and virtually no cost to the claimant. Collecting the judgments could be a challenge, but there are answers to this as well and the benefits of filing a small claims case far outweighs any downside to collecting on a judgment.

Sure, one would have to prepare the small claims case for hearing (which would be minimal) and it would have to be valid with ample proof (just because you purchased art from Park West doesn't necessarily mean you have an automatic claim), but there is plenty of help where that is concerned and there are also many that are eager to assist victims of art fraud and art crime. In addition, there is an enormous amount of information already available on the Internet regarding the claims that have been filed in the past and which are currently pending in Federal and State courts—and many of these lawsuits/complaints for fraud are public records and are already published and can be easily modified and used as a model for small claims complaints and filings.

Heather Peters’ case is a model for all who seek compensation for corporate rip-offs. For all those that can't and won't be told to shut up and sit down. For more on how it’s done, visit Heather Peters’ web site: Don’tSettleWithHonda.org.

Do you want to know how to go about filing a small claims complaint in your state? Learn all about it here: Visit Small Claims Courts in Your State.

If you feel you have been ripped off, don’t allow yourself to be intimidated out of making a rightful and valid claim for restitution. If you feel you are a victim of art crime, be sure to report the crime to your local law enforcement agency.

Park West Gallery Sued in Tennessee for Dali art fraud

2011-12-27T17:10:00.001-07:00

By Fine Art Registry®

Park West successfully concealed from Ms. Holmes facts that would be sufficient to excite suspicion regarding the claims against them due to Park West's deception, conspiracy and continued operations.... Park West bullies, intimidates and frightens potential claimants by threatening lawsuits and/or the payment of Park West's attorney's fees.

--Holmes Complaint @ paragraphs 44 & 46

On December 22, 2011, Patricia Holmes filed suit against Park West Galleries, Inc., Albert Scaglione, and Morris Shapiro, in Tennessee District Court, alleging that the defendants sold her fraudulent Dali prints for a princely sum (specifically forged Biblia Sacra prints).

The complaint is published below in its entirety, save the voluminous exhibits.

Open publication - Free publishing - More fraud

Our readers will recall that Patricia Holmes recently lodged a formal complaint with the American Society of Appraisers against Bernard Ewell. See, Victim of Dali forgeries files ethics complaint against Bernard Ewell with American Society of Appraisers.

In her complaint, Mrs. Holmes alleges specifically as to Bernard Ewell, the following, in part:

Ms. Holmes...discovered that Bernard Ewell, Park West's proclaimed expert on Salvador Dali, had testified under oath that he could not and cannot, authenticate the hand-signature of Salvador Dali.

Bernard Ewell is a co-conspirator of Park West Gallery. He made a great deal of money cranking out endless "authentication" reports on behalf of the gallery and its circle of suppliers over the last decade or more. It couldn't be more clear from the hard evidence we have gathered over the last five years that Ewell was (and still may be) an authentication mill for Park West Gallery, as well as for the many friendly Park West Gallery suppliers that were referred to Ewell. It is obvious from the thousands of of Dali prints he authenticated that he happily obliged them all and regularly.

The so-called"authentication" reports that Ewell issued for and on behalf of Park West Gallery arenearly identical in sum and substance. The reports are cookie-cutter duplicatesof juvenile puffery, completely devoid of any thoughtful substantive analysisthat would indicate any kind of knowledge of expertise as to the origin of the signatures onthe prints, how they got there, or who put them there. Ewell simply relied on whatPark West Gallery and/or its suppliers represented--no matter how tall the tale, no matter how incredible the story. Ewell failed to produce or provide any credible independent research in his reportsto sufficiently support confirmation of the truth behind the representations made or the veracityof the sources of the Dali prints. One does not have to be a Dali expert or a Senior Appraiser withthe American Society of Appraisers to look at this whole scenario with commonsense and discern that there was and is something significantly amiss with the so-called"provenance" or the lack thereof regarding many of the signed Daliprints that Park West Gallery acquired.

We will have much more in the futureas we continue to follow the Patricia Holmes' lawsuit against Park WestGallery. We are in possession of some of the most incredibly arrogant andthreatening correspondence that was sent to Mrs. Holmes from Park West Gallery representative, Lisa Hershberger. When will Park West Gallery learn thatthreatening and intimidating its customers is not the mostprudent thing to do for your reputation as an art gallery? Also, ParkWest Gallery makes some shocking admissions in writing that wewill share with our readers in the near future.

The Star in the East-a Christmas story by Sacher-Masoch

2011-12-22T17:13:00.000-07:00

Story by Leopold Ritter von Sacher-Masoch

Translated byVirginia G. Sully

Edited, revised and illustrated by Theresa Franks, for Fine Art Registry®

It was Friday evening.

It was Christmas Eve.

Everything in nature wore an air of mysterious repose andserene tranquility. Nothing broke the stillness—not even the cry of a raven orthe distant bay of a wolf. The whole world seemed hushed in expectation of something:a solemn event—the arrival of a beloved guest—a rare and mysterious joy.

On the great white plain which stretched beneath the wintersky but one solitary figure could be distinguished. It was that of a poorlittle Polish Jew, meager and wretched, who was called Rebb Abramowitch: he washurrying along as fast as he could, and yet did not seem to himself to bemaking much progress. Around him were only darkness, snow, and cold. Nothing insight—not a cottage, not a tree, not a well, none of the familiar objects whichgenerally serve as resting-places for traveler—only that plain of snow, whichseemed endless and infinite.

Still Rebb Abramowitch hurried on; for he was afraid atevery moment that he might suddenly perceive the star which announced thebeginning of his Sabbath—that star, messenger of joy and peace for thousands ofhuman beings whose forefathers, in day of yore, had seen the roses of Sharon bloomand the fruits of Canaan ripen, and who today are scattered through the crowdedcities and miserable villages of Russia and Poland, dwelling within clay wallsand under thatched roofs, or crouching in dark, obscure little shops whoseinmates are as completely covered with dust as was their merchandise.

As yet, he did not see the star—most likely he did not wantto see it yet, for he closed his eyes. But why should he not close them? – thatwas not forbidden by any law of the Talmud. But while closing his eyes he tookthe longest steps that his poor little legs had ever accomplished. He walked asif he would cast off those poor, halting feet as useless objects; and hisnarrow chest was bent over by the weight of the burden which he carried on hisback. The wind sweeping over the vastplain blew his long arms about like the beams of a windmill. For while Rebb Abramowitchclosed his eyes and hurried along, his meager little hands were withdrawn fromhis caftan and described strange gestures which he alone could understand forhis yellow face became very sad. He was criticizing himself bitterly.

Why was he so late?—for he knew better than most Jews thelaws of his religion. Although he bought a great deal and sold still more, thatdid not prevent him from being a sage, or a seeker after truth who had evenventured to dip into the mysteries of the “Kabala,” the secret science of theJews. “The Veiled Beauty,” as the Jews term their Talmud, accompanied him onall his travels. She smiled on him when he bought onions and eggs; she was nearhim when he sold corals of doubtful authenticity, red silk hand-kerchiefs, andmany-colored ribbons. This enigmatical beauty, who has turned so many heads,had propounded to him today one of her most difficult questions; and thisquestion was the cause of his being so late, and walking over the plain whenhis Sabbath had already begun. It was she who had made him forget the sanctityof that Sabbath. The “Veiled Beauty” was the cause of all hismisfortunes—though, no doubt, the heavy snow which made walking so difficultmight have counted for something.

This evening the beautiful white snow did not lie like adelicate lacework over the face of nature. It had taken possession of everything.All was ice and snow—sky, earth and water. The immense plain slumbered,glittering with the diamonds that sparkled in the heavy ermine robe of winter. Nearthe road could be seen a frozen stream, like a gleaming white ribbon. On theright, clumps of birch-trees, covered with sleet, shone in the distance; whileon the left loomed the somber masses of the forest, in whose depths shone onlytwo burning spots of light—the eyes of a famished wolf in search of prey.

A hundred paces further, Rebb Abramowitch saw a lake thatlooked like a garden filled with silver flowers. A few willows near itmournfully drooped their long branches, heavy with icicles. He saw all that,but he did not see the star; for he dared not raise his pale, scared facetoward the sky. At last he saw lights, he saw walls of snow and glitteringroofs; before him lay a village, slumbering tranquilly beneath snow and ice.

The poor Jew did not live in this village; but still it wasa village, and he was sure of finding among the inhabitants some one of his ownfaith, beneath whose roof he might find shelter for his head. His heart boundedwith joy, and involuntarily he raised his head. There it was, shining in thedark vault of heaven, that beautiful star of the Sabbath; the messenger star ofnight, of love, of peace; that star which for the children of Israel marks dayand night; the star which announced to the lowly shepherds and the Magi kings,the birth of Christ our Saviour!

“The Sabbath is just beginning,” he said in a low voice. Inuttering these words he sought to deceive his God, as well as himself; but heknew now that he could no longer continue his journey, and that he would beobliged to knock at the first door on which he saw displayed the small rollcontaining a chapter of the Scriptures, such as is seen on every Jewishdwelling.

He crept along the cottages, looking in the windows andexamining the door-posts. Suddenly, on the other side of the road, he perceiveda house which was not built of clay or thatched, but a wooden house with a roofof red tiles. One window was brilliantly illuminated, and a broad ray of lightfell across the poor tired wanderer’s path. He stopped short. “That must be aJewish house,” said he, “for the Sabbath lamp is lighted; and the owners mustbe rich, for it is truly a lordly dwelling.”

Rebb Abramowitch drew near the door and looked for the roll;not finding it, he tried to see what was passing inside, but the closely drawncurtains prevented him. Again he looked along the road, and when he perceivedthat this was the only house whose window was lighted, he plucked up hiscourage, entered the vestibule, and penetrated as far as the brilliantlyilluminated room, saying as he entered:

“May the God of Abraham, Isaac and Jacob, bless the dwellersin this house.”

Scarcely had he pronounced these words when he stoodpetrified, with a look of terror on his face; while all the company assembledin the room, utterly taken by surprise, looked at him with mingled anger andamazement.

A large green pine-tree stood in the middle of this room.Rebb Abramowitch thought he must be looking at the burning bush of Moses!

This tree was covered with tiny wax candles, whose flamesdanced on the red apples, gilded nuts, toys, gingerbread cavaliers, and cakesof every shape that hung from the branches; while high up on the topmost boughof the tree shone a brilliant star.

Rebb Abramowitch saw an old lady with snow-white hair seatedin a large arm-chair; you might read in her face the record of a long,tranquil, happy life. Clustered around her were the little grandchildren, withthat air of mingled awe and expectation with which children await somelong-looked-for pleasure. Her daughter, the young mistress of the house, wasgetting ready to distribute the Christmas presents, and the servants, in theirhigh boots and long pelisses recalling the steppes of Asia, were ranged alongthe wall.

“What do you want?” cried the master of the house, who waslighting the candles in front of the manger. “Get out as quickly as you can.”

Rebb Abramowitch had already discovered that he wasintruding at a very inopportune moment into a house where he had no right toenter. He was not at all astonished at his reception. He was only astonishedthat they did not set their dogs on him to expedite his departure from theplace. He bowed humbly before the young mistress of the house, who in herkazabajka looked to him like a Czarina, and retreated timidly toward the door,walking backward, and bowing profoundly at every step.

Just as he reached the door, a little boy ran toward him. Hewas a beautiful child, about eight years old. The lights on the Christmas-treeshone on his golden hair. He took Rebb Abramowitch by the hand, and gazed athim with his great blue eyes. The poor old Jew did not understand what waspassing around him. He had read the chapters in the “Kabala” consecrated to thedifferent legions of angels who peopled heaven, but until this moment he hadnever seen an angel! The boy continued to look at him with those celestialeyes, in which shone the reflection of His love above whose lowly cradle rosethe star in the East—the love that is not of this world.

“Do not go away,” said the child softly.

“Leave him alone!” said the mother, in a tone of surpriseand displeasure, as she saw the little white hand of her child resting on therough, toil-stained hand of the Jew, who, with a look of mournful, humblegratitude at the little boy, tried still to gain the door. But the child wouldnot release his hold.

“Why may he not stay with us? He pleaded, with ahalf-bewildered, half-frightened air, as if he saw for the first time thesorrowful, darker depths of human life open before his eyes. “What harm has hedone?” Was not the holy Christ-child born for all the world?”

Two great tears trembled in his deep blue eyes as he stillclung with both hands to the kaftan of the poor Jew.

In one moment all who were assembled in that room forgot theprejudices of their education. The white-haired grandmother made a sign to theJew to remain, the young mother smiled on him graciously, and Rebb Abramowitchforgot entirely that law in the Talmud which forbade him to rest beneath aChristian roof, or to partake of any food which was not “kosher.” He set hisbundle on the floor, put his stick on the corner, and followed the little boy,who drew him close to the Christmas-tree and wished to give him a share of theapples, the gilded nuts, and spiced gingerbread. Rebb Abramowitch smiled,thanked him, but declined them. But the child insisted on filling the deeppockets (and oh! how deep they were!) of his kaftan.

After the presents were distributed, they passed into theadjoining room where supper was served. The poor Jew was seated in the midst ofthe family, eating some of everything, and forgetting entirely the Mosaic law.The golden-haired child was by his side, happy in being allowed to wait on him,and Rebb Abramowitch concluded that his most sacred duty was to eat everythingthat the little “angel” put on his plate; and, incredible as it seemed, thedelicious dishes, though not “kosher,” did not appear to do him any harm.

After supper, all of the household assembled before thelighted manger, by the Christmas-tree, and sung in chorus the “kolande,” theold Christmas chants. Rebb Abramowitch listened with deep emotion to the clear,sweet voice of the little boy, that seemed to float on silvery wings above allthe others—and he forgot more and more completely the seven laws of the Talmud.

When the singing was over, he roused himself like a man justawakening from a dream, and seized his bundle and stick to make haste to seek shelterand a night’s lodging with some one of his own race and faith. The little boyagain pressed his hand and looked at him. The old Jew stooped as if to embracehim, then suddenly drew back, and merely laid his brown hand on the golden headand blessed him. Then he hurried from the house.

***

On the high road all was white with snow; the stars wereshining in the winter sky. In all the houses they were celebrating theSaviour’s birth, and one might have dreamed that the angles who hovered abovethe earth were signing in thrilling strains, “Glory be to God in the highest,and on earth peace, good-will toward men.”

And that was the way that Rebb Abramowitch celebratedChristmas Eve, and for the first time in his life rejoiced in the birth ofChrist.

A rare 1888 interview with 19th century novelist and protector of the Jews Sacher-Masoch

2011-12-22T15:17:00.000-07:00

Edited and revised by Theresa Franks, for Fine Art Registry®

Sache-Masoch about 1885

It was exciting when Fine Art Registry® discovered primary source material in our rare book and manuscript collection for the brilliant novelist Sache-Masoch, that has not seen the light of day in more than 123 years. And even at the time of publication in December 1888, the circulation of readers was but a fraction of the reach it will have today in the 21st century. This Fine Art Registry article is published in honor of Leopold Ritter von Sacher-Masoch, known as simply Sacher-Masoch, who was a prolific 19th century Austrian novelist, from whose name the term "masochism" was derived. Sacher-Masoch was best known as the author of Jewish tales, though he was not himself a Jew.

We provide here for our readers a remarkable interview that was conducted in the fall of 1888, only seven years before Sacher-Masoch breathed his last. Contemporary historical accounts of his life indicate that at the time this interview was made, his mental state was suffering. But if this interview is any indication of his state of mind, we disagree.

Few of Sacher-Masoch writings are translated into English and we can locate no personal interviews with this remarkable man, save this one.

Since it is the Christmas season, Fine Art Registry will immediately follow this 1888 interview with the publication of a delightful Christmas story written by Sacher-Masoch, translated to English by Virginia G. Sully (the interviewer), a 19th century writer in her own right. But first, we thought our readers would like to get to know this literary artist a bit, and so we provide this cherished insight into the life of this forgotten writer provided by the long-since deceased correspondent, Virginia Sully—it is a very different perspective than what has been written about him by others in more contemporary accounts.

The statements Sacher-Macoch made in this interview are important and profound on a number of levels, from his comments with respect to the Jewish race on which we couldn’t agree more, to his emotive description of what it is to be a writer. Sacher-Masoch was a prolific and popular writer, though he had many enemies in Germany as he railed against anti-Semitism there.

As a side note, in “The Jewish Encylopedia, a descriptive record of the history, religion, literature, and customs of the Jewish people from the earliest times to the present day,” Alphonse Lévy, a French painter and illustrator, is referenced as having devoted his artistic career to drawing and painting scenes of Jewish life. Among the most important of his illustrations are those drawings for the Jewish stories of Sacher-Masoch. We provide an an example of Alphonse Lévy’s work that may have illustrated the Jewish stories of Sacher-Masoch, courtesy artprice.com.

An Intimate Interview with Sacher-Masoch

by Virginia Sully

Edited, revised and illustrated for the 21st century by Theresa Franks

Fortunate chance procured the honor of an interview in Paris with the Galician novelist Sacher-Masoch, whose talent won recognition even before this era of revelation, and whose books from their first appearance have been admired throughout Europe. I will not attempt to celebrate the descriptive and picturesque merits of these books, which have been so ably reviewed by celebrated European critics, but a rapid sketch of his person and life may perhaps prove interesting.

Sacher-Masoch was born in Lemburg, Galicia [on January 27, 1836], and is now about fifty years of age. He is tall, bronzed, closely shaven, wearing only a long moustache. He has large brown eyes, full of fire, whose first glance makes you feel that you are in the presence of a man who is no ordinary mortal.

Sacher-Masoch speaks eight languages [English not being one of them]; he arouses in you, during a first interview, an interest which is only increased by the rare charm of his conversation, the perfect distinction of his manner and appearance, and the extent of his ethnographical knowledge. He has traveled a great deal and been a close observer. His voice is musical, and his manner relaxed and full of ease. He is the kind of man of whom people say, “he never knew what it was to be embarrassed in his life.”

I have said that the Galician novelist is dark; and his complexion does not belie his origin. His grandfather was a Spaniard, his grandmother a Russian; and in his handsome face you can trace the mingling of hidalgo and boyar. From his paternal ancestor he inherits the smooth, clear, olive complexion which seems to have been tinged by ardent suns of Castile. Many readers, misunderstand the Semitic indulgence of many of his stories, believing Sacher-Masoch to be a Jew; but they are mistaken. The praises that Sacher-Masoch so liberally bestows on the Hebrew race are quite disinterested, and the result of convictions which he enumerated, with captivating eloquence, in his conversation with me.

“In the Jewish people,” he said, “I admire the oldest nation on earth—the one which has spent centuries in enriching the national intellect with every gift of progress, culture, and civilization. Nomadic, it has spread over the entire world, industrial and scientific ideas, the successive results of human study and research. It has been the agent of the transmission and diffusion of every kind of social superiority, preserving, in spite of exile and persecution, a tenacity and ardor which seem the distinguishing characteristics of this race of the elect. I respect this race today as I would the descendants of some grand old family made illustrious by the great deeds of famous and heroic ancestors.”

“The Jew inspires me with the same feeling as the lazzaroni [street people, often depicted as "beggars"] sleeping on the marble steps of an old Roman palace. Who knows if the Italian before me has not the blood of a King in his veins, and why should I not bow in reverence before this waif of an antique and mighty nation which as conquered the world, and whose fame survives into this day? In saluting him I do not pay homage to a man, but I salute history, tradition, glory, courage, letters, art! Therefore I find utterly unjust and absurd those prejudices of men who wrongly reproach the Jew of today with the weaknesses and failing which have really been imposed upon him by the intolerance of men who revile him.”

Not wishing to “specialize” our interview, I asked the novelist to tell me when it was he received the Cross of the Legion of Honor. “In 1883,” he replied. “It was a proud day for me; and France, whom I have always adored, became dearer to me than ever. Beside this distinction, a deputation presented me with an album of autographs which I shall leave to my son [Demetrius] as a heritage far more enviable than the millions of a financier. This album contains letters from the most celebrated compatriots. The Duc d’Aumale thanks me, in his letter, for loving France so well. Victor Hugo is represented in this collection of great names by a telegram so flattering that I am ashamed to repeat it. Rochefort, the Duc de Borglie, Zola, Jules Simon, all great men, without distinction of caste or party, overwhelm me with compliments of which I cannot think without my eyes filling with tears. Ah! Can you not understand that there is something I prize far beyond mere popularity, success, or gain? It is the affection which an author inspires in the hearts of his readers. It is undoubtedly gratifying to be understood, appreciated, and praised; but to be loved! – to feel that one has a friend in the reader of his books—what joy it is!—and how often in my moments of literary ambition I have murmured that proverb of my native country: ‘Close thy door if thy wilt; but open to me thine heart.’”

This touching conclusion recalls an incredible adventure which happened to Sacher-Masoch about five years ago. He had just published a novel [Die Liebe des Plato (The Love of Plato) two copies are currently for sale on Amazon], in which a Polish Count adopts a youth. He attaches him to his person, lavishes every care upon him, and makes him the confidant of his joys and sorrows. Soon the scholar comes to discuss with his master the most difficult and subtle theses; and this union continues until suddenly one day the count discovers that his protégée is a woman! The bare idea that a material question may alter the philosophic and immaterial character of their relations put the grand lord to fight, and the romance ends with this discovery à la Jocelyn.

A short time after the appearance of this novel, Sacher-Masoch received an anonymous letter in which the writer proposed to him a spiritual liaison like that of the Polish count in the novel, adding that the writer’s sex rendered impossible any such violent rupture as took place in the romance novel. In each line he repeated the assurance that he was actuated by sincere friendship and admiration, and the letter concluded with this sentimental appeal to his pity: “I pray you to console a sad and wounded heart, and to rouse anew the love of life in a soul which is despairing to the verge of suicide.” The letter was signed “Anatole,” after the heroine of the novel.

Puzzled, Sacher-Masoch believed that the letter came from a woman, notwithstanding the writer’s assurance to the contrary. The style of the second letter, the startling proposal for an interview in a little village in Styria, the condition imposed upon him to keep a blindfold over his eyes during the interview, put his last doubts to rest; so he set out immediately for the place of meeting.

He arrived at the appointed hour at a house with three rooms, the middle one being selected for the colloquy. This showed a determination to prevent any indiscreet ear from listening to the conversation. Faithful to his oath, Sacher-Masoch tied a handkerchief over his eyes: two minutes later a masculine voice—admirably modulated and very melodious, but unmistakably the voice of a man—uttered “Thank you,” and then went on to renew the proposition of the anonymous letter, in a Bavaria idiom perfectly polished and correct, and full of protestations of admiration and devotion.

Although disappointed to hear the tread of a man, while he was listening for the soft fall of a slipper and the rustle of a robe, Sacher-Masoch listened attentively to the propositions of the rich musical voice. He felt himself captivated and magnetized to such a degree that he accepted the mission of saving angel; and he yielded to this inexplicable magnetism for a year, during which he had the fortitude to keep over his eyes the silken blindfold which hid from him the features of his mysterious companion.

Discussion on the loftiest subjects ensued during the year-long visits, alternating with excursions into the domains of passion and psychology, which served as a basis for their intermittent dialogues. When these could not take place, Sacher-Masoch, according to most precise instructions, wrote letters to London, Vienna, Paris, Stockholm, etc. The replies, written on the costliest paper stamped with a ducal coronet, were invariably signed with a name absurdly commonplace, when one considers the mystery and the originality of the whole adventure. This very prosaic name (Anatole) annoyed the novelist very much at first, but he grew accustomed to it; and besides, he wished to have a clear conscience and keep his vow of secrecy, hoping that some day he might be released from his oath and allowed to behold the features of the mysterious unknown.

Ludwig II just after his accession to the throne of Bavaria in 1864
At last, Anatole said to him, one evening, “I will permit you to look at me.” Sacher-Masoch, on removing the handkerchief, saw before him a superb-looking young man of princely bearing, but with something inexpressibly sad and weary in the expression of his handsome face. He pressed the novelist’s hand, and addressed him in these words: “If you love me at all, you must have comprehended that your destiny is to save me, to cure me, and that your mission is to snatch me from darkness and despair. I beseech you to quit your own country, your own home. Let my home become yours; you shall be great, rich, and powerful.”

Sacher-Masoch was mute with astonishment. He hesitated, but the picture of his cherished wife and his dearly loved son passed before his eyes. He declined Anatole’s offer.

Ludwig II with Richard Wagner at the piano
Some days afterward, passing before a stationer’s window in Vienna, he stood there stupefied with astonishment before a photograph, which was none other than that of Anatole. Beneath it was printed this inscription: “H. M. Louis II, King of Bavaria.” A light broke upon him. The demented prince had dreamed of a literary Wagner [Wagner's operas appealed to the king's fantasy-filled imagination and filled an emotional void] as a pendant to his musical Wagner. Who knows what might have happened if Sacher-Masoch had devoted himself to the cure of this crowned lunatic? Perhaps his royal brain might have been preserved from the hallucinations which drove him to seek death beneath the waters of Lake Sternberg, and Louis II, might have been reigning still.

At the close of our interview, the novelist, seizing a sheet at random from his desk, wrote his name and address in his elegant, aristocratic handwriting, and handed me the paper. After reaching home, I chanced to turn over the sheet; and what was my astonishment to read the following thoughts, no doubt written by him that morning.

“Exotism in literature is only interesting when it serves to rouse to more vigorous life the human feelings that all of us understand.”

“When one wishes to advance in literature it is well to have more stanch enemies than stanch friends. Good friends are like women who forsake their lovers; they forget quickly. Good enemies are like women forsaken by their lovers; they pursue us even beyond the grave.”

“A Spanish proverb says, ‘A man always feels himself the equal of those whom he praises.’ I am therefore very thankful for unfavorable criticisms of the German press.”

“Not only should our work in itself be beautiful, but the truth that it represents should also be beautiful.”

These last two aphorisms show the liberal Austrian possessed by a horror of Germany, and the virtuous poet who has always used his genius in the service of the Beautiful and True.

***

Sacher-Masoch’s life is a fascinating study. He spent his life writing and fighting against anti-Semitism. Most of his life’s work is no longer in print and his more rare works are extremely hard to come by, though his most famous work, Venus in Furs, is still widely available and was the inspiration for the song by same name produced in 1967 by the band, Velvet Underground, which was produced by artist Andy Warhol. It has been said that if it were not for his connection to “masochism” Sacher-Masoch would not be remembered at all. What a shame, as this man did much for the literary arts and even more to protect the Jews against the German anti-Semitism of the day. Sacher-Masoch died on March 9, 1895. Stay tuned for the next post, “The Star in the East,” a Christmas story, written by Sacher-Masoch.

Dali forgery victim Marti Szostak slams Park West Gallery with motion for summary judgment

2011-12-21T13:31:00.002-07:00

By Theresa Franks, for Fine Art Registry®

Marti Szostak is suing Park West Gallery for the sale of fraudulent art. Like the other victims, Ms. Szostak's purchases included Dali prints (forgeries, of course)--authenticated by none other than Bernard Ewell. The self-proclaimed "Dali-Detective's" authentications have proved--well, wholly unreliable. Ms. Szostak testified for Fine Art Registry at the 2010 trial last year. Read her story and her sworn trial testimony here: Park West Gallery’s Abuse and Financial Rape of the Szostak Family.

We have written and reported a great deal about the plaintiffs, Sharon Day, Julian Howard, Marti Szostak, Mike Vallillo, and Heidi Rice. Even though there are other lawsuits that have recently
been filed against Park West Gallery by many other victims which are still pending, the Day/Howard/Szostak/Vallillo/Rice case is most prominent mainly because of the retaliation and brutality exhibited by Park West Gallery against these claimants. You'll recall that Park West Gallery in a stunningly arrogant, retaliatory, and punishing move sued all of the victims for defamation.

It is Park West Gallery's MO to file SLAPP (Strategic Litigation Against Public Participation) lawsuits to try to intimidate and silence its critics. As we have said time and time again, Park West Gallery's reputation for threats, intimidation, and SLAPP lawsuits against its customers and others, rivals their reputation for peddling spurious artwork. Park West Gallery sued each of the plaintiffs for $46 million dollars and for doing nothing more than speaking the truth about their frustration, dissatisfaction, and about how they were ripped off. Park West Gallery would have been far better off suing the suppliers who sold them the forged Dali works as well as their golden boy, Bernard Ewell. Why Park West Gallery did not do so or has not done so is the $46 million dollar question.

Adding insult to injury and as a result of Park West Gallery's SLAPP suit, the victims were forced to file a claim with their respective homeowner's insurance carriers in order that they could each be provided (a lawyer) to defend against Park West Gallery's bogus claims. Imagine what the homeowner's insurance carriers have paid out in the defense of these outrageous claims of defamation. And imagine the increased insurance premiums to the victims as a result of the claims. There is little doubt that the victims were "rated" by their insurance carriers and that their insurance premiums increased as a result of the claims they were forced to make. Seriously, who would ever want to do business with a company (much less an art gallery) who readily sues its own customers?

Park West Gallery ended up falling on its sword and dismissed its claims of defamation against Day/Howard and Vallillo, and rightfully so--but not before Park West Gallery made them suffer substantially. However, to this day, more than three years into the litigation, Park West Gallery still maintains its ridiculous claim of defamation against Marti Szostak and Park West refuses to dismiss it.

On December 19, 2011, Marti Szostak's lawyer, Ron Molter, filed a Motion for Summary Disposition also known as a Motion for Summary Judgment. Read the scalding motion below which was recently filed with the court to learn just how nasty Park West Gallery is when a victim or anyone who criticizes their business practices is treated. The message Park West Gallery wants potential claimants to get is: if you come after us seeking a refund, we will make you pay one way or the other. Note the reference to ripoffreport.com who Park West Gallery pays a substantial sum to in order to suppress and prevent negative reports about their business practices being posted online:

Open publication - Free publishing - More artwork

It is a fact that the Park West Gallery victims in this case have been put through the grinder, but to their credit, they have stood strong and have fought tooth and nail to see to it that they have their day in court--and so, the day is fast approaching. Like it or not, unless Park West Gallery settles with these plaintiffs for the full purchase price they paid for the artwork, plus attorneys' fees and costs, this case IS going to trial. Park West Gallery has exhausted all of its bag-o-tricks. There are no more slick legal moves to yank out of their black hat. It's only a matter of time now. The judge will soon set a firm trial date and we expect it will be in late spring or summer--incidentally, a great time to be in Oakland County, Michigan. We are all looking forward to it.

We believe Marty Szostak will be successful in her Motion for Summary Disposition. Park West Gallery should be made to reimburse Ms. Szostak's insurance company for every single penny that was paid out in the defense of Park West Gallery frivolous claim of defamation.

Ben Valenty--ImaginArt files for bankruptcy protection to avoid fraud claims

2011-12-20T15:36:00.000-07:00

by Theresa Franks for Fine Art Registry®

Ben Valenty aka ImaginArt, LLC., dba Imaginart Publishing and dba Elite Art Events (the art auction company Valenty operated) filed for bankruptcy protection on December 16, 2011, after Valenty was served last month with two lawsuits alleging fraud. It appears that Valenty is attempting to escape liability, even though committing art fraud is a willful act and is not usually dischargeable in bankruptcy. Plaintiffs Brian Wells and Dr. William Tucker have purchased hundreds of thousands of dollars of spurious artwork from Valenty and they are suing to recover. There are likely many, many more potential ImaginArt victims out there who have purchased artworks from Valenty who will also be seeking to recover.

Valenty is a chameleon and has a pattern of starting companies and then filing for bankruptcy when challenged with claims of fraud, only to start up a new business under a different name when the dust has settled. Fine Art Registry will keep a diligent watch to see when and if Valenty resurfaces in the future.

No doubt the bankruptcy has left all of Valenty's artists in a lurch. He is alleged to have represented artists (many of them Valenty claimed were "child prodigies") Autumn De Forest, Alexandra Nechita (who has sued Valenty in the past), Lauren Voiers, James Gill, and others. Where does this bankruptcy filing leave Valenty's artists? Good question. Holding the bag, no doubt. This is a lesson for all artists to be extraordinarily cautious in who they select to represent and publish their body of work.

It should be noted that Ben Valenty is or has been actively selling on eBay under the username: grandpapav and the eBay store name: Elite Art Auctions--so let the buyer beware.

A copy of the recent bankruptcy filing:

Victim of Dali forgeries files ethics complaint against Bernard Ewell with American Society of Appraisers

2011-12-17T23:47:00.000-07:00

By Theresa Franks for Fine Art Registry®

A formal ethics complaint was just lodged with Mr. Don Bretthauer, Executive Vice President of the American Society of Appraisers (ASA) against the "Dali Detective" (aka Bernard Ewell) for his role in the authentication of Dali prints which have been declared by recognized authorities as forgeries.

Bernard Ewell Reading "Art for Dummies" and having a chat with his Dali dummy

The Dali prints were sold on a cruise ship by the self-proclaimed largest art gallery in the world. Ewell worked for the art gallery authenticating Dali prints for more than a decade--and many of the prints, hundreds in fact, have recently been declared forgeries by all recognized world Dali experts, and most recently by the Gala-Salvador Dali Foundation in Spain. We wonder if Ewell is still authenticating for the art gallery, but it would appear not, as the art gallery has since removed all sale offerings of the signed Dali prints in question from its web site. This is a telling move and would strongly suggest that Ewell's authentications are not at all what they were purported to be in the art gallery's Certificates of Authenticity issued to victims. It could be that the art gallery is still peddling these Dali prints at their closed, invitation only VIP events. In fact, it is a wonder that the art auction vendor has not yet sued Ewell for his error in authenticating, especially since the art gallery is being sued by a number of victims.

The allegations in the ethics complaint against Ewell are blistering and we suspect there will be additional formal complaints lodged against Ewell by other victims in the near future. Whether or not the American Society of Appraisers will discipline Ewell for ethics violations is anyone's guess. But it's about time that appraisers are held accountable in an unregulated art market for their conduct. Many individuals don't know how to go about filing a formal complaint against an appraiser, so we have provided a link to the ASA web site: How to File an Ethics Complaint with the ASA.

In Ewell's capacity as an appraiser and according to the USPAP (Uniform Standards of Professional Appraisal Practice), he should not be authenticating works of art, even if he possessed the expertise that would qualify him to do so--the act of authentication while acting as an appraiser is very much frowned upon by the ASA.

Fine Art Registry received a copy of the ethics complaint sent to the ASA which was lodged by Mrs. Patty Holmes on Friday, December 16, 2011. Contained in the complaint package were many accompanying documents in support of her complaint. Specifically there was a remarkable and shocking series of emails that Mr. Ewell sent to Mrs. Holmes when she inquired with him to learn more information regarding how he [Ewell] authenticated the signatures of the Dali Biblia Sacra prints she purchased from the shipboard art vendor. The email responses from Ewell were insulting, belligerent, and beyond unprofessional--certainly conduct unbecoming a supposed Senior Member of the ASA. It is also evident in the complaint that Ewell is also biting the hand of his own appraisal organization by arrogantly criticizing the ASA board. The complaint Ms. Holmes filed asks the following pertinent questions:

Is this the way a Senior Appraiser for the ASA is supposed to act and activities he should involve himself in? Is "authenticating art" as opposed to "appraising art" condoned by the ASA? I read your code of ethics and it appears that his bashing of the [ASA] board of selection, other members, and self-claim to fame are also violations of your code of ethics.

Sharon Day and the Forged Divine Comedy Set that Ewell Authenticated

In addition to the complaint lodged by Ms. Holmes, we now have confirmation that Bernard Ewell has been sued a second time in California for breach of contract in a defamation/libel suit. Dali dealer, Bruce Hochman, who owns and operates the Salvador Dali Gallery, in California, sued Ewell earlier this year for libel. In settlement of the claim, Ewell agreed to delete a significant number of his defamatory (if not incoherent) rants concerning Mr. Hochman, Frank Hunter, Nicolas Descharnes and others. It appears in reading the lawsuit that Ewell has breached his settlement agreement whereby he promised to cease and desist from publishing anymore defamatory or libelous material whatsoever against Hochman (his gallery), Hunter, and Descharnes. Ewell has apparently fired up his poison keyboard again and in desperation continues to post defamatory and untrue statements in retaliation for being exposed for his direct and active involvement in the authentication of what have been declared as forged Dali prints.

Signatures on Day/Howard Divine Comedy Set Declared NOT to be by the hand of Dali

Ewell is quick to defame Fine Art Registry and all experts that have testified against him. It would be fine if what Ewell was publishing was even remotely true or accurate and supported by hard evidence. Curiously, as much as Ewell is swift to disparage others, he has remained silent on the adverse findings of the Gala-Salvador Dali Foundation in Spain as to his bogus authentications of the Sharon Day and Julian Howard set of Divine Comedy prints. Rather than address the issues at hand or simply admit that he was dead wrong on his authentications for the cruise ship art auction gallery, Ewell sticks his head in the sand and remains in denial. Instead he resorts to publishing vile material as subterfuge or a strategem to dodge or deflect the central issue which is his exposure in having authenticated hundreds, if not thousands and thousands of Dali prints as genuinely signed works by Dali which are nothing of the kind and are in fact forgeries and worse.

Yes, the final nail in the coffin on Ewell's Dali bogus authentications was the adverse finding by the Gala-Salvador Dali Foundation in Spain. Combine the Gala-Salvador Dali Foundation's findings with the same findings by world experts, Nicolas Descharnes, and Frank Hunter and questioned document expert, William Flynn and you have one heck of an impossible situation for Ewell and for the art vendor who sold the works.

Truly, the sheer number of authentications Ewell has made over the last decade or so which turned out to be forged Dali works of art, absolutely eclipses the largest Dali art fraud in history. Now this would be something for Ewell to blog about, don't you think? After all, he is the "Dali Detective."

Marketing with QR codes-an artist's new best friend

2011-12-17T09:28:00.000-07:00

By Theresa Franks, for Fine Art Registry®

Have you thought about using QR codes as a marketing tool? If not, you're missing out on this cool new technology that is a cinch to incorporate into your marketing efforts and it's FREE. What is a QR code? The "QR" stands for Quick Response (which is exactly what we want as artists). Typically, it is a code which consists of black modules arranged in a square pattern on a white background which can be created free of charge, unless you choose to go with the more "artistic" QR codes which can also be created easily, but for a nominal charge, starting at around $35.00. These designer codes are a great way of branding yourself as an artist, or branding your studio or gallery. The information encoded can be made up of any kind of data, so just think of the endless possibilities for marketing your work, right?

The basic QR code looks like this and no doubt many of you have seen it displayed on all manner of advertising:

Fine Art Registry Web Site

Download a QR reader/scanning application on your smart phone and give it a try. Just hold your smart phone over the image above and your smart phone will instantly scan it and take you directly to the coded web site or wherever it is coded to take you--in this case, it is the Fine Art Registry web site. Think of the QR code as an instant advertisement for your artwork or a business card that does much more than a traditional printed business card or gallery card and can be scanned by anyone, anywhere using a smart phone. Again, the possibilities are endless.QR codes are simple and easy to create. All you need is a computer, a mobile phone and a printer if you want to print the code. The QR codes can be saved in digital format and added to any print media--and in many cases, yes, even on the artwork itself. The beauty of it is, you don't have to be a technological genius to immediately implement QR codes into your marketing plan.

Want to get started creating your own QR codes right now? Visit QR Stuff and create your QR code today, and share your artwork with us here on the FAR® Blog

The QR code below was created specifically for Fine Art Registry member, Lorna Wallace. It is her permanently registered portfolio of artwork. Scan the code with your smart phone and view Lorna's FAR® registrations:

FAR® Portfolio--Artist Lorna Wallace

In 2012, Fine Art Registry will be offering our member artists all sorts of marketing ideas and services using QR codes. We will also be offering designer codes to our artists using the trusted Fine Art Registry logos, so our artists' works will be instantly recognized as a FAR protected work. We will also be regularly featuring member artists on the FAR Blog using their portfolio QR code. So if you're not a member of Fine Art Registry, consider joining us today!

Fine Art Registry® looking forward to changing it up in 2012

2011-12-16T15:05:00.000-07:00

By Fine Art Registry®

We have a lot of exciting changes coming to Fine Art Registryin 2012. Some of the changes include upgrades to the Fine Art Registry web site which will add functionality and other cool featuresfor our member artists and collectors.

We will also be transitioning to brand new and fresh article/blog contentusing the Google blog platform (yes, this one right here), which means we will be publishing many morearticles much more frequently. This way we can get relevant and importantinformation on all sorts of art-related topics out to our members and visitors lighteningfast and simultaneously share our articles/blog posts with all the popular socialnetworking platforms like Facebook, Twitter, and LinkedIn. The Google blogplatform will also allow our members, readers, and visitors to be much more involvedand interactive with Fine Art Registry with the ability to dynamically post comments to anyof our articles, videos, and blogs posts. All of our old content will be archived and will remain on the Fine Art Registry web site and will be fully accessible to all.

We look forward to bringing you some great educational, entertaining,and useful content in 2012 that will assist artists, collectors, professionals and allart and collectible enthusiasts in more safely navigating the unregulated art andcollectible industry.

Subscribe to our blog now so you can keep up with all thelatest news from Fine Art Registry.

We wish all of our members and supporters a Merry Christmasand a prosperous New Year in 2012!

In a Sense Lost-art lessons learned-an artist's true story

2011-12-16T12:20:00.000-07:00

by Fine Art Registry®

The following is an all too frequent and cautionary tale of Fine Art Registry artist, Angela Pierce. Fine Art Registry deals with situations like these everyday as artists are constantly being exploited in once form or another. Fine Art Registry is an advocate for all artists who want to protect their body of work and their intellectual property.

IN A SENSE, LOST--Art Lessons Learned!

To learn more about Angela Pierce and to view her artwork, visit Fine Art Registry or Angela's web site.

Avian Blue 1, by Angela Pierce

FAR® ID 41738

Is fine art authentication an illusion?

2011-12-16T10:54:00.002-07:00

By Theresa S. Franks, for Fine Art Registry®

In our experience, with rare exception, the answer is aresounding, yes!

We receive phone calls and email correspondence on a daily basisfrom people who hope to have found the “undiscovered” Warhol, Pollock, Dali, Chagall,Matisse, Rembrandt, and so on. All of them are absolutely certain that theirfinds are truly authentic and they seek to have their new-found treasure “authenticated”by any means possible, which is where the danger comes in.

Since our investigation into forged fingerprints and the overallforensic aspect of art authentication (which by the way is not always embraced andmany times is completely rejected by the old guard or the art connoisseurs whoare familiar with the famous artists’ works), we have been inundated withrequests from collectors for assistance in the process of authentication ofworks of art by famous artists. Most inquiries we receive from collectors centeron materials, DNA, and fingerprint analysis. While serious studies are being done on some blue chip artists with respect to DNA identification and analysis, it is far from a viable and affordable authentication option, at least for now, but who knows what the future holds.

Fine Art Registry has often consulted with and educated collectorson the reality versus the pure fantasy of art authentication. Many don't have the first clue of what is involved in seeking authentication and this is where many fall prey to the con. Weusually tell collectors with orphan works of art (which with few exceptions lackany verifiable, rock-solid provenance or other documentation in support of theartwork's authenticity), that the road to authentication is littered with failed attempts, dashed hopes, empty bank accounts, and sometimes much, much worse. We tell them that the chances of having a recognized artmarket authority formally declare the work as authentic is extremely remote, if not impossible. We also communicate tothe collector that it is an extraordinarily expensive, very long, frustrating, andarduous process that often does not end well.

Historically, one only has to look at the endless purportedJackson Pollock pieces that have surfaced over the last decade and thatcontinue to surface, which have been declared by questionable self-proclaimed experts as genuine JacksonPollock works of art when in fact they are far from it. A few instances that come tomind that Fine Art Registry has reported on in the past are: Teri’s Find, theAlex Matter's paintings, and the recent unending expansion and proliferation ofso-called Jackson Pollock works which make up what is known as the “ChrysalisCollection.” To our knowledge, not one of these works of art have ever been sold on the openmarket, or have made it to a respected auction house as abona fide, authenticated Jackson Pollock work, and not a single piece has made itinto the official catalog of Jackson Pollock, which is controlled by thePollock-Krasner Foundation.

Artists’ foundations and boards (dedicated to the protectionof the artists’ body of work) are considered the high priests for a particularartist and like it or not (there is a great deal of controversy over art authentication boards), it is the respective artists’ foundations that controlwhat is and what is not ultimately designated as authentic and by the hand of the artist.Further, it is the foundation or board that decides what is ultimately included in theartists’ official oeuvre. Accordingly, without thePollock-Krasner Foundation weighing in officially on these purported Jackson Pollock works (Teri’sFind, the Alex Matter paintings, and the ChrysalisCollection) they are all absolutely and unequivocally dead on arrival. There is no other way to look at it. Sure, theyall might be nice, decorative, Pollockesque paintings, but they will never be considered by the hand of the master himself. In fact, "Teri's Find" has been claimed to be by the living artist Frankie Brown, who requested access to the painting so he could positively identify it. Mr. Brown's request was flat out denied and the reason why he was denied is obvious. So much for getting to the truth.

And to drive home the point on Jackson Pollock works of art,just take a look at this blog post by Felix Salmon on Reuters, dated December 3, 2011.

The old adage holds true. If it looks and sounds too good to be true, it usuallyand probably is.

It is wise to remember that the art industry is completelyunregulated. And in the 21^st century information age, snake oil salesmenand charlatans are alive and well. This means that anyone anywhere in the worldcan hang out a shingle on the world wide web and for a colossal fee will be happy tomake all your authentication dreams come true. Don’t believe it! Do your duediligence. Check with trusted sources before considering handing over yourhard-earned money to someone that promises you the world. Fine Art Registrywill direct you to those in the art industry that can be relied upon andtrusted to give you the expert advice and guidance you can count on and willtell you what you need to know, not just tickle your ears and tell you what youwant to hear in order to make a buck.

Pinhead Peter Paul Biro discovers fingerprints on disputed Munch painting--no, really?

2011-12-15T12:51:00.000-07:00

by Fine Art Registry

Ouch! Another painting by Peter Paul Biro has bit the authentication/attribution dust according to a leading expert. Read the December 15, 2011, article published in The Art Newspaper.

Isn't it simply amazing how many fingerprints of dead artists Peter Paul Biro claims to have discovered on all sorts of orphan works of art over the years beginning with his claim to fame--JMW Turner? Here's just a few:

JMW Turner
Pablo Picasso
Jackson Pollock
Edvard Munch
Leonardo Da Vinci

It's also remarkable that the fingerprints Biro discovers are always conveniently on orphan works (with no verifiable provenance) and all by blue chip artists that sell for multi-millions of dollars.

Biro's "methodology" (or the complete lack thereof) in discovering and processing fingerprints is done (or so he claims) by using a super secret formula (maybe it's magic fingerprint fairy dust) that he alone developed and is unknown to any of the leading qualified, forensic fingerprint examiners in the world.

More truth about Biro in a future post as he has upped the ante and amended his complaint to include other defendants in his lawsuit, including Fine Art Registry®.

BREAKING NEWS on Fine Art Registry® Jury Verdict:

2010-12-17T16:36:00.000-07:00

Park West Gallery Litigation Update #76

by Fine Art Registry®

On December 8, 2010, in a stunning but welcome ruling, Judge Zatkoff, decided to let the 6th Circuit Court of Appeals decide whether or not the April 21, 2010, unanimous jury verdict in favor of Fine Art Registry should be reinstated (including the award of $500,000). Judge Zatkoff has stayed all further proceedings in the case until a determination by the 6th Circuit Court of Appeals can be made.

We are confident that Fine Art Registry will prevail and that the jury verdict will be reinstated.

Burned Artist Playing With Fire or..?

2010-11-18T09:23:00.000-07:00

by Kenth Bender, for Fine Art Registry®

A Closer Look at Art Authentication and Attribution

Everywhere you turn there's a piece of artwork being sold. With a good deal of them, there's also a bit of paperwork including provenance, documentation, attribution and certification. They're used to solidify claims that a certain piece of art was genuinely done by a specific artist. But all the papers in the world won't do much if they came from questionable sources.

Authenticating and Attributing Art Blues

There's nothing wrong with wanting to learn more about art authentication and attribution. When it comes to attributed art pieces, you have to know which people can be trusted and which ones you should just walk away from.
If you're a bit lost with regard to attributed art, here's a simple explanation. It is a term for describing artwork that was certified by skilled authorities as being an original. The operative term here is "skilled." If the one doing the attribution lacks the skills and training, all attributions that come out of him or her will be worth nothing.

Attributed art pieces are considered mostly hard-sells. A lot of people get in trouble with them, passing them off as works of a particular artist using various invalid reasons. Unprofessional individuals of all kinds are guilty of committing such acts.
They proffer attributions that have no sound basis except personal opinions and perceptions. The end result is attributions that have no real value. In the field of everything art-related, the only sources of legit, reliable attributions are those who are known to be authorities or experts on a given artist and his artwork.
People who demonstrate exhaustive knowledge on a certain artist and his work, and have evidence to support their statements are called practiced authorities. On the other hand, qualified authorities is what you call people who sold or purchased pieces by an artist, taught several related courses, studied the artist and his work, penned articles and released several publications, and curated the artist's museum exhibits.
Occasionally, the artists are also the skilled authorities. It could be a relative, heir, employee or other direct descendants too. Individuals who possess legal, official or formal entitlements or other estate-awarded sanctions can also voice opinions on the artist's artworks. They are then referred to as trained authorities. The biggest requirement of all is to have the art district back them up and recognize them as the premier specialists on a particular artist and his pieces.
There are plenty of people out there who aren't practiced in attributing art. It's impossible to cover them all completely. Focus your attention instead on the telltale signs you're dealing with art attribution pretenders. If you encounter any of the items listed below, you're likely doing business with someone untrustworthy and highly unqualified for performing art attribution tasks.

The seller is convinced the piece he's selling belongs to a certain artist's collection because it looks very similar to what that artist produces.
Stumbling across illustrations in art books that look a lot like the piece the seller has up for sale is his only basis for concluding it's from the same artist.
Art appraisers doubling as validation people minus the necessary qualifications. Remember: appraisers should stick with appraisals if they're not equipped for validating artworks.
Sellers fond of answering questions with "that's what recent owners of the piece said to me." Verification in this instance is impossible.
Sellers who equate the previous owner's fame and fortune with an art piece being the handiwork of the same artist who produced similar artwork.

Are you planning to buy attributed art yourself? Make sure whoever is doing business with you is totally legitimate. He/she should be a qualified and skilled authority on both the artist and his work. Talking with the actual artists is the ideal circumstance.
The group exhibit held in 1991 over in Sweden invited the likes of Kenth Bender to participate. A year later, the event ended. Paintings on display were all lost (or stolen), with the payments also disappearing. The tragic happening made Bender so uninspired that he had to take a break from it all. After some alone time, approx 18 years, he's now back in the game once again. Ready for what 2010 has in store.
www.kenthbender.com

Park West Gallery Targets Innocent Victims:

2010-11-18T09:22:00.000-07:00

In Vicious Bullying & Intimidation Campaign and Much More

by Fine Art Registry®

"All that is necessary for the triumph of evil is that good men do nothing." -- Edmund Burke

Park West Gallery and its mob of sleazy hyenas are now on a brand new campaign of destruction. Desperate times call for extraordinarily desperate measures. The Park West Gallery jackals are being set loose on individuals and companies that have published in the past anything even remotely negative about the self-proclaimed "largest art peddler on the planet" or were in any way supportive of Fine Art Registry efforts in exposing the Park West Gallery fraud. They are threatening immediate lawsuits if the so-called offending content (or the TRUTH) is not removed from the Internet.

The letters that Park West Gallery is surreptiously sending to these individuals and companies contain content that is not only defamatory to Fine Art Registry, but perverts and omits the truth (which is really nothing new for Park West Gallery). Jason Killips is the Park West Gallery legal henchman that has been tasked with this new onslaught of intimidation. Killips is creative in his correspondence to the victims of the Park West Gallery intimidation, we'll give him that. He takes liberal license on a number of points in these aggressive letters, but then again, we know for a fact that the law firm he works for (Young & Susser) isn't exactly the most ethical in its approach. The firm permits its paralegals during active litigation to post wantonly on Internet forums. This gem of a quote by the firm's paralegal, Jaclyn Schulte Bua, makes it very clear that the firm "is small and light on the bureaucratic rules, regulations, etc." We know Killips isn't being truthful with the targets - not by a long shot and is in fact defaming Fine Art Registry in the process of writing these letters. Killips probably didn't think past his hourly billing rate that Fine Art Registry would find out about his cowardly little "love" letters, but then again, Park West Gallery has always underestimated Fine Art Registry and the friends and supporters we have in the art industry that watch this controversy carefully.

This recent drive by Park West Gallery is an astonishingly frantic, haughty, and an enormously stupid move, if not a complete cowardly and pathetic approach to "reputation management" that is certain to result in serious blow back for Park West Gallery and Albert Scaglione. Whatever they are trying to hide, we hope they keep up this ludicrous, puny, and sadistic attack on innocent victims and other art industry professionals as it will only cause to shed more glaring light on the malevolent deeds of this so-called "art gallery."
As we have reported in the recent articles, Park West Gallery is now known as the ONLY gallery on the planet to threaten to make waste of individuals and others, including its own customers, its employees, art professionals, and media outlets that dare speak out against its bad business practices or that dare publish anything that is even remotely favorable to Fine Art Registry. Hmmm? What is this Nazi Germany? Who in the heck does Park West Gallery and Albert Scaglione think they are? Is Park West Gallery's conduct what one would expect from a respected art gallery that claims to be in business for 40 years? No, it is not. In fact, it is what one would expect from the dregs of society.

Park West Gallery's lawyers, and there are many (who are raking in hundreds of thousands of dollars from the art dealer) are sending (via Federal Express and email) heavy-handed, insulting, and threatening letters to all those who have reported on the Park West Gallery calamity and controversy demanding that they remove the content (in most cases content that is nearly a year old) from their respective web sites within 5 days, or else. In essence "breaking legs" and doing what Park West Gallery has become famous for - putting the proverbial gun to the head of anyone that challenges Park West Gallery's unfair and deceptive trade practices. They are using the U.S. court system to choke free speech and the in-your-face arrogance of Albert Scaglione is infinite and he and his company will stop at nothing to ensure that he continues to operate just as he always has no matter the collateral damage. He believes that he and his gallery are above the law. It is true that Park West Gallery preys on the inexperienced art buyer - those that don't know any better and those that can least afford to challenge or fight them on any level. It is also true that the art industry (including reputable dealers, appraisers, authenticators, and auction houses) as a whole knows exactly what Park West Gallery is all about. So while Park West Gallery may be successful in the short term in continuing to defame Fine Art Registry and in intimidating people and professionals into silence, make no mistake, the truth will surface and there isn't a thing that Albert Scaglione (Park West Gallery) and his lawyers or any Judge in the land will be able to do about it.

Fine Art Registry has been in touch with many of the individuals that Park West Gallery has recently threatened with intimidation tactics that rival the mafia. We know the Park West Gallery stratagem all too well. We understand the razor sharp litigious sword that Park West Gallery wields against those that have no resources to defend themselves. Park West Gallery is vicious, calculated, and diabolical in its approach and has made the act of intimidation an art form. They are an equal opportunity intimidation machine. Unless you are one of those individuals that have "the goods" on Park West Gallery, you are likely to receive the Park West Gallery "treatment" if you dare cross them. Park West Gallery will attempt to "crush like a bug" anyone that stands for the truth. That's what they promised to do to Fine Art Registry at the trial in Michigan in March and April of this year. Park West Gallery failed and miserably. No matter what, the truth always prevails in the end.
As we have reported in recent articles, Park West Gallery is now better known for its mafia-like tactics than it is for the art it peddles. And it is exactly the black campaign Park West Gallery has going at this very moment that explicitly evidences the sheer desperation of a corrupt art dealer that refuses to do the right thing; an art dealer that refuses to tell the truth; an art dealer that will at all costs avoid the tough questions about its deceptive trade and business practices. Park West Gallery now has the distinction in the art world of being the "world's largest art-peddling bully," for what kind of an art gallery would hammer innocent people (those who are only speaking and reporting the truth) with threats of lawsuits and use intimidation tactics to silence them? Indeed, only an art gallery that has much to hide.

In other news, it is our pleasure to publicly report that on September 24, 2010, Fine Art Registry prevailed in yet another SLAPP lawsuit that Park West Gallery and Albert Scaglione filed against Fine Art Registry in their never ending desperation to silence us. This was a sneaky, underhanded filing that we just learned about. This will make the fifth lawsuit, yes that's a whopping FIVE lawsuits in a row that Park West Gallery has filed against Fine Art Registry and its writer, David Phillips, for doing nothing more than reporting the truth. The Court's Order is posted below. Park West Gallery has filed lawsuits against Fine Art Registry in every jurisdiction in the U.S. they could possibly think of and get away with - this is the third one they filed against Fine Art Registry and our writer, David Phillips, in Florida. Park West Gallery capitulated to Fine Art Registry on this one and rightly so. We will take this as a win and a big one!

Read the Entire Article HERE

Depreciate Your Works of Art:

2010-11-18T09:21:00.000-07:00

Proceed at Your Peril

by Dr. John Daab CFE, CFC, AFC, RI, for Fine Art Registry®

Introduction

The end of the year is almost upon us and calls for proper tax planning are heard near and far. For those who own personal property such as fine, decorative or collectible art, reading the IRS personal property depreciation deduction sounds like a great plan to reduce the tax bite for the coming filing. After all in the Simon v. Commissioner(1), works of art such as antique musical instruments allowed the personal property owners to depreciate their works. Yes, it took a few years and some varied courts, but the court did give the green light to works of art depreciation. Since such works are found in the office or are used in the business, even more reason to go for the depreciation deduction. The antique desk or chair or even the Remington bronze in the office is there for the business. While some personal property can be depreciated it is the exception rather than the rule. Forging ahead with such planning is to proceed with risk. Let us see why.

The Background of the Depreciation Deduction

Depreciation of property has been an IRS rule approved by the Supreme Court for over 65 years(2). It is a way to identify the yearly cost of using a particular property in a business. Tables are provided by the IRS to determine a given property's yearly depreciation. Personal property was depreciated via section 167 of the Internal Revenue Code of 1954, but then after the Economic Recovery Act of 1981 the law required that personal property possess a useful life identification by the taxpayer. In point, if a taxpayer wants to depreciate personal property the taxpayer must be able to assert that the useful life is 5, 10, 40 years, or a given quantity of years. The underlying consideration of establishing the useful life is identified in terms of wear, tear, decay or decline from natural causes. For example, a chair or desk used in an office wears and tears and as such when it is no longer usable the property has established its useful life. This concept was somewhat unworkable and subject to many taxpayer issues such that later rulings provided the defined years a particular property could be depreciated from various tables outlined in the IRS code. The various rulings(3) also noted quite clearly that works of art even if used in a business are not depreciable.

The Simon Ruling (4)

The Simon ruling held that although the bows from antique violins are customarily identified as works of art they are subject to wear and tear and decay through age. As such they are depreciable. The two bows in question generated approximately one $6000+ and one $4000 depreciation in the tax filing. This ruling took close to ten years in the making. Originally knocked down twice by the IRS, the third attempt succeeded in allowing the depreciation of the bows in Simon v. Commissioner (2nd Cir. 1998). Some have taken this case as a conceptual mandate to allow business expenses such as fine, decorative, and collectible art as being possibly depreciable. Let's look at why the concept is not a practical application of IRS regulations and possibly quite costly to the taxpayer using works of art as a depreciable write off.

Read the Entire Article HERE

The Artistry of Amulets, Talismans, and Charms and the Wearing of Them

2010-11-18T09:19:00.000-07:00

by Theresa Franks, for Fine Art Registry®

The following is an anonymous article published circa 1882. Often associated with the occult, amulets have an amazing history. There are many living artists today that design and make amulets, closely following the practice, traditions and origins of the ancient past of peoples.

"Who wore the first amulet? It would be impossible to say; but the adoption of a talisman to ward off evil is of very ancient origin.

Phylacteries, the Greek word for amulets, were worn by the Jews, to which allusion is made in the Scriptures. These phylacteries were a narrow strip of parchment, on which were written passages from the Old Testament. This strip was placed in a small leathern box, and bound to the left elbow by a narrow strap. There was a smaller phylactery for the forehead, the box for which was about an inch square.

The word amulet is of Arabic origin, and implies a thing suspended. Amulets were of various kinds. The moonstone found in the desert of Arabia was worn as a talisman against enchantment by the women, who suspended it around the neck. It was a white transparent stone, the time of searching for it being midnight.

In India a variety of gems and stones are used as amulets. The most common is the Salagrama, a stone as large as a billiard ball, and which is perforated with black. This is supposed to be found only in the Gandaki, a river in Nepal. The person who possesses one of these stones is esteemed highly fortunate; he preserves it in a clean cloth, from whence it is sometimes taken to be bathed and perfumed. He believes that the water in which it is washed, if drank, has the power to preserve from sin. Holding it in his hand the dying Hindu expires in peace, trusting in a stone rather than in the living God.

The modern Egyptian is a believer in the Evil Eye, to avert which he hangs around the neck charms supposed to possess a magic power. These are usually worn by children, and consist of little tin or leather cases, which enclose words either from the Scriptures or Koran, if the children are of Muslim parents.

Even the Romans were not without their charms. They hung little cases around the neck which contained a charm, generals not disdaining the same. Augustus thought it would bring him good luck to wear a piece of the sea-calf [also known as a seal], and therefore, never went without this talisman.

In Greece the priests sell the sick charms consisting of pieces of paper, on which is written the name of the disease from which the person is suffering, and these are nailed to the door of the chamber. Pliny(1) tells us that any plant, gathered by a river before sunrise by a person, if unseen, tied on the left arm of an ague [successive stages of chills and fever that is a symptom of malaria] patient, without his knowing what it is, will cure the disease.

Queen Elizabeth, during her last illness, wore around her neck a charm made of gold which had been bequeathed her by an old woman in Wales, who declared that so long as the queen wore it she would never be ill. The amulet, as was generally the case, proved of no avail; and Elizabeth, not withstanding her faith in the charm, not only sickened but died. During the plague in London, people wore amulets to keep off the dread destroyer. Amulets of arsenic were worn near the heart. Quills of quicksilver [Mercury] were hung around the neck, and also the powder of toads [which is no doubt hard to come by in the 21st Century].

It was not at all unusual for soldiers and others who were exposed to danger to wear talismans by way of protection. A story, which gained credence, is told of a soldier in the time of the Prince of Orange [a title of nobility]. He was a Spanish prisoner, and, on being condemned to be shot, it was found that he was invulnerable. The soldiers stripped him to see what kind of armor he wore, when it was discovered that he was not protected in that way, but an amulet, on which was the figure of a lamb, was found on his person. This was taken away from him, and the hosts took effect. During the Prussian war of 1870, after the battles, the field was frequently found full of amulets which had fallen from the dying grasp of the soldiers. It was ascertained that the more ignorant the Russian soldier, the more he clung to the belief in the protective power of the amulet.

In 1838, a beautiful locket, forming a small padlock, was found in digging a grave in a churchyard at Devizes, in Wilthsire, England. This was a charm, and, being valuable was buried with the owner.
Louis Napoleon, who believed himself, even amidst exile and poverty, destined to that throne which the prestige of his name and his cunning coup d' etat enabled him to reach, was not without his superstitions. In his will he says, "With regard to my son, let keep as a talisman the seal I used to wear attached to my watch." This talisman had no power to turn aside the fatal balls of the Zulus; and the young Napoleon met a sadder fate than his father's worst fears could have imagined for him.

Read the Entire Article HERE

Black Hat Manipulation - Violating the Internet Search Engine Process:

2010-11-18T09:18:00.000-07:00

Reputation Management, Series #4

by Dr. John Daab CFE, CFC, AFC, RI, for Fine Art Registry®

Read the previous articles in the series: Reputation Management

Background

In an earlier article it was noted that some art galleries and auction houses engage in systemic malfeasance through the use of various structures to deceive the indifferent and trusting consumer. Selling what has been described as "crap" art or art of questionable authenticity for inflated prices and then refusing returns when the duped consumer wants to return the purchased item, such galleries stone wall, engage in bringing SLAPP suits against the customer, remove the critical consumer from the sales area, and file defamation suits against anyone providing information about such activities. The significant thrust of the past article was that such activities are not accidental or happen by chance but are part of a paradigm or process model to stifle criticism in order to maintain corporate revenue and profits. This article examines black hating another aspect of the model: using the Internet search engine process to redirect internet searches away from information about the level of a given company's malfeasant behavior to other websites owned by corrupt company.

Introduction

Thirty years ago the research process consisted of going to the library grabbing a few books or articles, sitting at a desk and reading up on a certain topic. This process was time consuming as the research required traveling from home to the library, locating the materials in the Dewey Decimal System, and walking around the shelves to secure the materials. It could also be expensive if some of the materials had to be copied. Nowadays the research process takes place via a computer. It is convenient, quick, and inexpensive. In the past the research process was student or writer driven. Today everyone researches except the research process is now called surfing and almost everyone with a computer does some surfing whether to develop an article, research paper, or to discover the latest news. More importantly our current research activities are able to provide much information about products and services offered to consumers. With lightening speed, a given product may be given a thumbs up or thumbs down. Corporations are keenly aware of how Internet information may be a threat to their products and services and a benefit in selling their wares. Some have taken steps to prevent negative Internet information from reaching the surfer or researcher, and at the same time, provide data reflecting the value of what they are selling. They are able to control this information by manipulating the Internet search process. To understand how this manipulation is done, it is necessary to understand search engines.

Search Engines

Google, Dogpile, Alta Vista, and Lycos are Internet search engines used to gather information about a particular word - "keyword" - topic, or phrase. What one types into a browser will come back as information specifically, or in a cluster of information. For example, if Fine Art Registry® (FAR®) is typed into the Google browser it will come back as the first result of thousands of results. Fine Art Registry will be the first and as one scrolls down the page there will be additional information tagged on to FAR, e.g. Fine Art Registry and Forensics, Fine Art Registry and Featured Artists, and so on. The actual quantity of web sites associated with the keyword does not always match the projected quantity found at the top of the first page of results. The information provided by the various web sites is presented as a result or results of the item being searched. The results of a given search can be millions, one, or none. The returned results or web page hits match, come fairly close to the keyword, or fail to provide relevant information. You type in cat and receive an ad for a virus protection program.

Search Engines and Their Processes and Rules

Search engines periodically send out spiders and bots which are computer type programs to find new information and check present information on the Internet. New information is indexed so that appropriate results match keyword searches. Results which violate search engine standards are reported back to the search engine managers who decide how such violations will be processed. Results or web pages are also reevaluated for better indexing so that keywords and hits match more closely. If your keyword does not match the results the search engine provides it is more than likely due to indexing problems or violations of the search engine rules.
Search engines have standards and rules allied with providing genuine information, for the most part, and penalties for providing deceptive data. Abiding by the rules allow web sites to continue in a given search engine process; not abiding by the rules places the web site in jeopardy since the search engine owner e.g. Google, may remove the web site listing from the search domain preventing researchers or surfers from garnering the information or products found on the web site. For some no hits means no revenue and ultimately no business.

Manipulation of Website Addresses

Website addresses, URLs, are the results provided when keywords or phrases are typed into a browser. www.fineartregistry.com is the website URL for Fine Art Registry. According to the first results page from aol.com search there are 131000 possible hits associated with this phrase. An additional note about the phrase fineartregistry is that it is a domain name which is copyrighted. It belongs to the owners of fineartregistry and no one else may use without permission except those willing to break the law or be penalized by the search engine providing the results. The interesting point is that some galleries and auction houses decided that law or no law they were going manipulate accessing the FAR website by adding a tag to the site redirecting keyword searches of Fine Art Registry to the site of the malfeasant company. In point, the company used the copyrighted name without permission. As the result of doing so the gallery/auction was brought to court and the finding of the court was that the malfeasant company violated the law.
Besides violating copyright laws the malfeasant company engaged in URL redirecting which "...is taking the user to another page without his or her intervention" (Wiki 2010). The way this is accomplished is by adding the keyword URL name to the redirected URL. Thus, if a website is providing information about a company engaging in acts potentially considered as fraudulent or violations of the law, the nefarious company tags the URL to their URL address/website and the researcher is taken to the violating company's website and given a mouthful of spin about how bad the reporting site is and how wonderful the malfeasant site is.
Redirection of URLs is against the standards of search engines in general simply because the violating URL is deceiving the researcher by providing content not requested. The researcher wants X content, but is given Y which he did not request. In essence, the researcher was given spam. The penalty if discovered is really insignificant since the search engine may or may not remove the guilty URL. Even if the URL is removed the company merely has to clean its website remove the material from its site and request to have its site restored.

Read the Entire Article HERE

The Park West Gallery "Marc" Chagall Swindle:

2010-11-18T09:17:00.000-07:00

The Financial Rape of Victim Tom Ungar

by Theresa Franks, for Fine Art Registry®

Tom Ungar is one of the more egregious cases of financial rape and victimization by Park West Gallery. We won’t bother going to the trouble of setting forth the process of how Park West Gallery sacks its victims as Fine Art Registry has reported ad nauseam on the subject of the snake oil sales tactics employed by Park West Gallery, including the issuing of bogus Certificates of Authenticity and its extortionate and worthless self-appraisals.

It is sufficient to know that after years of investigation, purchasers of Park West Gallery artwork are typically (and with rare exception) first time or unsophisticated art buyers who have never purchased a serious artwork in their lives and have never attended a legitimate art auction. Our statistics reveal (with more than 500 Park West Gallery victims having contacted us over the last three and a half years) that the vast majority of Park West Gallery purchasers never even heard of Park West Gallery until they set sail on a cruise ship.

Below is an in depth analysis of Tom Ungar's Park West Gallery purchase. We have made an example of this specific crooked deal because it is instructive as a warning on a variety of levels. This article is meant to educate and inform the unsuspecting public and to bring to light that it's not just the faked and forged Dali inventory that Park West Gallery sells that is at issue. Rather, it is our opinion that it is every aspect of the Park West Gallery business model that is a plague to the art industry as a whole.

The entirety of the documents provided by Park West Gallery as it concerns the purported Chagall drawing purchased by Mr. Ungar are published here, so they can be reviewed, investigated, and studied by everyone and anyone that has an interest and with the hope that those reading this will learn something and perhaps save others from going down the same road. Mr. Unger's contact information has been redacted and withheld in order to protect his privacy and shield him from Park West Gallery retaliation.

Perpetrating the "Marc" Chagall Fraud

The faked, forged, or counterfeit drawing that Mr. Unger purchased from Park West Gallery is illustrated below. The artwork is housed in the typical Park West Gallery frame. There is a reason that Park West Gallery encourages framing to its buyers (save the cheesy give-away pieces). While there is no doubt a sizable profit is made from the framing, we believe there is a much more sinister reason for framing all works and especially those sold at exorbitant sums such as what was sold to Mr. Ungar. It is our opinion that when Mr. Ungar's artwork is finally removed from its frame, latent or hidden defects, abnormalities, and other discoveries as to the artwork’s lack of authenticity will be flagrant, perceptible, and abundantly apparent. Framing the artwork prior to delivery is a way to covertly hide anything and everything that may be considered suspect.

Read the Entire Article HERE

Paul Gauguin:

2010-11-18T09:16:00.001-07:00

Post French Impressionist

by Gwen Howlett, for Fine Art Registry®

Paul Gauguin (1848-1903)

The simplicity of form and a distinct preference of pleasing to the eye abstraction are clearly identifiable in the brusque but flowing lines and flat brilliant color that is the hallmark of Paul Gauguin's work.

Eugene Henri Paul Gauguin was born in Paris, France to journalist Clovis Gauguin and Aline Maria Chazal, who was of Peruvian desent. At the tender age of 3, Paul's family moved to Peru due to political circumstances. Unfortunately his father Clovis passed away on the voyage to their destination resulting in his mother having to carry the burden of raising Paul and his young sister on her own. Aline was forced to move to Lima, Peru with Paul's uncle and his affluent family. As you might imagine, the visions and images of his early life eventually greatly influenced his art.

Eventually the Gaugin family moved back to Orleans, France to live with Paul's grandfather. He was 7 years old at the time and quickly learned French, excelling in his school work. When he turned 17 he became an assistant to the pilot in the merchant marines in order to satisfy his mandatory military service. Later he served two years in the French navy, after which he returned to Paris taking employment as a stockbroker. He met and married a Danish woman, Mette-Sophie Gadd, in 1873 and fathered 5 children over a 10 year period.

Self Portrait by Paul Gaugiun 1889
(Courtesy of Wikipedia)

Read the Entire Article HERE

Echoes, Ghosts and Voices from the Distant Past:

2010-11-18T09:15:00.001-07:00

The Art of the Dakotah Indians in the 19th Century

by Theresa Franks, for Fine Art Registry®

Fine Art Registry® will be publishing a continuing series of firsthand accounts and other interesting historical articles and stories on a variety of visual arts and crafts, including articles on the literary and performing arts. Many of the articles and stories we will be publishing here have not seen the light of day for hundreds of years or more. It should be noted that while this material in some cases may or may not be considered by 21st Century standards as "politically correct," it nevertheless chronicles our past and will be published here with the intention of bringing to light historical references (much of it opinion and perspective) from an era of writers that have long ago been forgotten and with the hope of resurrecting some of the more important contributions historically which make up the fabric of human expression that exists today.

THE "ART" OF THE DAKOTAH INDIANS IN THE 19TH CENTURY

It is estimated that there are 300,000 Indians in the United States, and that all of the tribes, with the exception of the Dakotahs or Sioux, are rapidly decreasing in numbers. These Indians, who are the most uncivilized and warlike of all the tribes, are divided into the Santees, or Upper Bands, and the Tetons or Lower Bands, these being subdivided into other bands, all of whom live in Wyoming, Montana, and Dakota. The entire Sioux tribe numbers about 53,000. Among their chiefs are "Sitting Bull," "Little Crow," "Spotted Tail," "Red Cloud," and "Red Dog."

The war against the Northern Sioux, under "Sitting Bull," which resulted so disastrously to General Custer and his men, is fresh in the minds of all. Never was there a sadder sight than that which greeted the searchers for the missing men of the Seventh Cavalry. In one spot lay one hundred and fifteen soldiers, among whom were eleven officers. General Custer lay as if sleeping, nearby were the bodies of his two brothers, Thomas and Boston, his nephew, young Reed, a youth of nineteen, and his sister's husband, Lieut. Calhoun. Mrs. Calhoun lost in this battle her husband, three brothers, and a nephew. In this terrible death group was the body of Kellogg, the Herald's correspondent.

While Indians are very fond of scalping their enemies, they stand in great dread of being scalped themselves, for no Indian who has either been scalped or hung can enter "the happy hunting ground." Consequently, the friends of the fallen warrior make every effort to secure his body, performing prodigies of valor to bring it off the field. In some cases, an Indian will remove the entire scalp, even bringing away the ears attached to it. We are told of a man, an employee of the Union Pacific Railroad, who lived after he had been scalped, and who was a terrible object to look at. When the bullet of the Indian felled him to the earth, he feigned death, and was conscious when the scalping was going on. His friends found him in a wretched plight, and also the scalp, which the Indians had dropped. A surgeon made every effort to replace it, but without effect. When the capture of a scalp involves considerable danger, the Indian will content himself with a piece to which the hair is attached. Sometimes a night dance is performed in honor of taking the scalps. The sticks on which the scalps are extended are planted in a circle on the ground, and at a given signal the warriors join hands and dance around them, singing a low dreary chant. A scalp was presented to a traveler by a Dakotah Indian who, in securing it, had received many wounds. It is stretched on a frame which is attached to a pole, and is adorned with feathers, and various curious ornaments.

The word "medicine" among the Indians, has a signification unknown to ourselves. Every thing lucky or healthful means "good medicine," and what is the contrary, is "bad medicine." What is called "making medicine" is to mix together in a dish with a stick, a quantity of earth, sand, bones of beasts and birds, and other ingredients, which mixture is put in small pouches of dressed deer skin, and tied around the necks and in the hair of the men, women, and children. Should some peculiarity be developed during the mixing, it is called "bad medicine" and is buried out of sight. The medicine pouch is regarded as sort of a talisman against evil.

The illustration is a curiously painted buffalo robe, which was presented by an Indian warrior to the same traveler. The scene represents the captures of the chief, which appear to have been horses and women. It is a very curious affair, and is said to be very well painted, though, of course, it is not exactly our own ideal of art.

--Edited by Theresa Franks for Fine Art Registry

Editor's Note: The preceding is an interesting glimpse into an era gone by - an anonymous article that was published circa 1882. It is an interesting (perhaps somewhat skewed) perspective on the Indians that fought and slaughtered General George Armstrong Custer and the U.S. Seventh Cavalry in the infamous Battle of the Little Big Horn as scalping was not at all unique to Native Americans. Though the artwork illustrated was a curiosity in 1882, it would be highly sought after today and would more than likely be housed in a Museum. No doubt it would be worth a small fortune if the painted Buffalo Robe were discovered today. It would be interesting to know whether this piece still exists and where it is today. A Sioux painted Buffalo Robe (90" x 109") (and not nearly as interesting or detailed as the Robe illustrated in this article) was sold by Heritage Auction House in September 2006 for $101,575.00. You can only imagine what this Robe would command at auction in 2010.

Confession of a Former Park West Gallery Auctioneer and other Shady Dealings

2010-11-18T09:14:00.000-07:00

by Theresa Franks, for Fine Art Registry®

Bill Smith and the Infamous Forged $750,000 Divine Comedy Suite Sold by Park West Gallery and Park West Gallery Secretly (or so they thought) Settles Huge Claim with Victim

Former Park West Gallery Auctioneer Tells All

Months after Fine Art Registry® won a unanimous jury verdict at trial in Michigan in April of this year, a former Park West Gallery auctioneer contacted us and provided some further insight into the extraordinarily bad and the ugly business practices of the Park West Gallery art auction.

We have been unable to confirm the following information with Park West Gallery since one of their attorneys (or perhaps by now former attorney?), Robert Goldman (the lawyer who referred to his client's artwork as "shit" [a direct quote]), informed us that we are not permitted to contact or ask anyone at Park West Gallery any questions or to communicate with the executives or staff in any way (even though it is perfectly permissible for the parties in litigation to contact one another), most probably because they are avoiding the truth at all costs. But the report below is very much consistent with scores of others we have received over the last three years of our investigation into Park West Gallery and cruise ship art auctions and we are quite confident it is accurate.

The identity of the following individual is withheld for fear of retribution and the all too real threat by Park West Gallery to lay ruin to individual lives, businesses, appraisers, and art experts, if they are at all publicly critical about the gallery, its artwork, and its business practices. We know that Park West Gallery will make good on its threats, even though the truth is being communicated. After all, the claim to fame for the self-proclaimed "largest art gallery in the solar system" is not necessarily the spurious artwork they sell - not even the Dali forgeries they have sold to countless victims and continue to sell - the gallery is most famous for its practice of terrorizing and threatening any individual or business that dare criticize its "products" and the way it treats its customers. Additionally, Park West Gallery is known for mistreating many of its employees, including its so-called "auctioneers" as set forth in the quoted material below.

Hello:

I've been watching your videos and keeping up with your battle with PW. I had to write to you.

I'm glad to finally see the evil empire falling.

There are a few things you may not know.

PW has been selling art for years that they say is pencil signed. The buyer assumes as do the auctioneers that the artist signed the print. However, once at PW while in MI I came across a signature machine. I later noticed as an auctioneer in the descriptions of each print some said hand-signed but others said pencil signed. I'm sure pencil signed was done by a machine. The artist probably never even saw the print.

Also for years Morris [Shapiro] had us push the embellished serigraphs on canvas as something between a painting and a print, touched by the artist's brush and a unique work. Later I discovered that 90% of the embellished pieces by artists like Tarkay were embellished by workers at PW, again the artist never laid eyes on the print. And these pieces were being sold for thousands of dollars.

Also the Tarkay watercolors over a serigraph line drawing, sold as watercolors by Tarkay were not painted by him - these are like a coloring book, colored in with water color by PW artists and sold as if they were painted by Tarkay: cost $4000+.

Offloads: when sold art or a full ship collection is replaced and offloaded, US customs needs a valuation. Check out the valuations PW put on these shipments. Appraised value millions, customs value $20,000.

I worked off and on for PW for 12 years. I would have quit sooner but I had a family to support. I was one of their top auctioneers.

I did the first VIP cruise too: once you asked who sold the suite of full-signature Dali Divine Comedies for $750,000. I was there when Bill Smith took the mic from me and told my audience that he had something really special: it was the full suite of Divine Comedies with the full signature, Salvador Dali: he claimed they were worth over a million dollars. I can't remember the name of the couple who bought them. Later that night in the bar Bill [Smith] was laughing, he said, "You won't believe what I paid for them." He never told me the amount but I heard a rumor it was under $10,000.

PW has cheated me out of hundreds of thousands of dollars over the years. At the same time Albert was claiming to be buddies with Jesus. It makes me sick. I knew Albert [Scaglione] before he was saved and was just a very cruel man, now he is just evil. I've seen him do some bizarre things over the years and behave like a madman.

I really admire what you have been able to accomplish.

Good Luck

Read the Entire Article HERE

Circumventing the Defamation and Disparagement Noose:

2010-11-18T09:13:00.000-07:00

Reputation Management, Series #3

by Dr. John Daab CFE, CFC, AFC, RI, for Fine Art Registry®

Read the previous articles in the series: Reputation Management

Background

It used to be the case that the subjectivism prevalent and permeating the art world allowed much leeway in statements and assertions made about a given work of art. Over the last 50 years this forbearance has been supplanted by litigation focusing on not only those involved in the art world in general, but particularly on those carrying a level of expertise. Curators, appraisers, authenticators, have been pilloried and brought to court because they have made the serious mistake of making that which might be considered a fake, forgery, inauthentic, or even fraud, a valid conclusion. They seem to have forgotten that unless they have demonstrated that what they say is unequivocally true some may argue that what they say is questionably false. Questionably false entails that the parties, entities, products, or services have the right in most cases to bring suit against the assertor that h/she has engaged in defamation or disparagement of a product. It makes no difference if the assertor meant no harm or had no intention to defame. One may argue that the problem has to do with a misunderstanding or lack of knowledge regarding the various identifiers of inauthentic art and how to develop assertions about such inauthentic objects.

Introduction

In some cases, calls of inauthentic art have no reprecussions. One may say under certain circumstances that X is a copy because a person copied it. Aside from copyright violations one may copy or reproduce a given work. Historically, this has been a student's right of passage to become an artist. The boundary however is crossed when the copy takes on the identifier of being and sold as from the hand of the artist. At this point, it becomes a fraud, forgery, fake, bogus, and a violation of law. At the same time it enters a no man's land of a work of questionable authenticity whereby teams of experts circumscribed by law or scholarship engage in a process of rendering a possible final determination. Until such time as this determination is made, any determination not rendered legally lends itself to additional litigation founded upon defamation violations. The proactive steps preventing being cast in the SLAPP(1) soup process of defamation litigation constitute the focus of this paper.

Defamation and Disparagement

In order for a statement to be considered defamatory or disparaging, it must be communicated to someone other than the plaintiff, it must be false, and it must tend to harm the plaintiff.(2) Product disparagement is a form of a falsehood which injures and is often analyzed under the rubric of defamation.(3) Quite simply defamation or product disparagement entails that A states or writes publicly that a specific product is defective, that the statement is false, and that the statement resulted in losses to the owner of the product. In point, defamation or product disparagement allows the entity being defamed or disparaged to bring suit against the entity responsible for the assertion. X states the painting A is a fraud fake or forgery and the owner of the painting armed with a certificate of authenticity COA yells defamation because the would be disparager made a statement contradictory or incorrect in light of the COA. The owner also claims injury or loss since the defamatory or disparaging remarks allegedly caused the loss in value of the painting. The interesting point about the assertion from A is that A did not realize that the assertions made constitute conditions to allow litigation to move forward. One may believe that except for a few instances, free speech is guaranteed by our constitution. SLAPP suits and the new era of political correctness have supplanted the few with the many.

Note here that defamation and disparagement cases are not simple, or clear cut and as such one should be mindful that such a lack of clarity present severe risks associated with statements which tend to malign individuals, products and organizations. Such risks are losses in both money and time associated with 40 months of litigation resulting from various legal processes involved in a defamation or disparagement suit.

A Composite Case Study

John a certified appraiser took on an assignment to investigate the authenticity of a work recently purchased by his client XYZ corporation. John examined the work and its documents including the certificate of authenticity, various provenance documents, artist signature, style, and subject matter. He found that the certificate of authenticity was signed by the seller, the provenance documents were copies, signature was not similar, style was different, and subject matter did not match the artist's oeuvre. He reported his findings that the work was inauthentic to his client with a note that the seller of the work committed fraud and is going to jail. The client took the seller to court to force the seller to return his monies and lost the case. Following the court case the appraiser was sued for defamation and product disparagement for stating that the seller and his company committed fraud and was going to jail. The court ruled in favor of the plaintiff in both cases. What went wrong for the appraiser?

Analysis of the Case

To begin with the appraiser failed to remember that appraisers do not authenticate. Appraisers provide opinions of value. While a seller's COA is worthless as a condition of authenticity it is not illegal for a seller to provide one nor is it a condition for fraud. Merely because provenance documents were copies does not mean they were fake. Artist's signatures change as a result of age, infirmity, and choice. Additionally, styles change, and as far as oeuvre is concerned catalogues Raisonnés do not provide each and every work of an artist since works may be available but unrecorded. The appraiser really did not have solid evidence to support his claim of fake. Lacking support, the appraiser made a public statement that was false (note here that the owner of the work had documents supporting his claim of authenticity) and therefore satisfying two conditions of disparagement. Defamation and disparagement cases automatically assume that there is a loss to the plaintiff. Stating that the seller committed a crime or fraud, might be a simple utterance but keep in mind that fraud is a criminal act asserted by a public agency having appropriate jurisdiction. Citizens whether certified or non-certified in fraud examination do not have the right or legal backing to call forth assertions of fraud. Further, the stating of any tertiary assertions such as he is going to jail for what he has done may create an actionable defamation and disparagement case against the person making such statements. How does one escape the noose of defamation and disparagement?

Read the Entire Article HERE

Vincent van Gogh - Troubled Genius:

2010-11-18T09:11:00.000-07:00

Dutch Post Impressionist

by Gwen Howlett, for Fine Art Registry®

Vincent van Gogh (1853-1890)

His Life

Vincent Willem van Gogh was a tortured genius that had an overwhelming influence on 20th Century art with his use of vibrant colors and dramatic passionate effects.

Where do you begin to relate the story of the life of an artist that is larger than life? His story begins in the village of Groot Zundart on March 30, 1853 in the Southern Netherlands. He was born to the family of Anna Cornelia Carbentus and Theodorus van Gogh. His father was a minister of the Dutch Reformed Church and his grandfather, also named Vincent (1789-1874), was an art dealer. His brother Theo, who played a significant role in Vincent's life, was born in May 1857. Religion and art were the main focus of the Van Gogh family.

A sober, meditative child, he attended a school in 1860 where a sole Catholic teacher taught a class of nearly 200 children. In 1861 he and his sister Anna began to be home schooled by a governess until 1864 when he was sent away to boarding school. This was an agonizing period for him. Leaving his family and living 20 miles from home was a period in his life that was instilled in his memory and haunted him throughout adulthood. In 1866 he attended the new middle school and at that time he studied drawing under Constantijn C. Huysmans, a successful artist in Paris. Vincent left school suddenly in 1868 and returned home. In his later years he commented in a letter to his brother Theo that his youth was gloomy, cold and sterile.

Self Portrait by Vincent van Gogh 1887
(Courtesy of Wikipedia)

Read the entire Article HERE

Putting Lipstick on the Pig: Reputation Management (RM)

2010-11-18T09:09:00.002-07:00

by Dr. John Daab CFE, CFC, AFC, RI, for Fine Art Registry®

Introduction

When something looks really bad or doesn't smell quite right, some corporations resort to denial, stonewalling, or not recognizing that the event really happened. In cases of corporate disasters the president or CEO will appear on the news stating that he has no knowledge of the disaster, that the disaster was not a disaster but a minor fluke, or saying nothing at all. It has been reported that the oil giant allegedly responsible for the recent Louisiana oil spill spent 60 million dollars on public relations advertising immediately after the calamity. The pillorization of the company head, that seemed clueless regarding the disaster, quickly led to turning around the bad and ugly into a refocusing on the good of the company which always preached going green. This public relations approach of "putting lipstick on the pig" is known as Reputation Management (RM). This pertains to managing and maintaining the appropriate corporate image or identity through new content, social involvement, and pushing of existing positive content to prevent revenue loss resulting from reputation damage.(1) In essence, reputation management attempts to control the spreading of negative information about a corporation by covering up the bad with positive presentations of the good things about the company. It attempts to turn around or reengineer bad content into good content by applying lipstick on the pig.

The Questionable Lucky Break

Presently there exists a battle between an online art consumer advocacy organization and a company which has been reported by major newspapers and organizations to be selling bogus art at sea. Please note here that NO governmental organization has participated in protecting American consumers in the investigation of these issues. Madoff anyone?! The battle has raged for three years resulting in a unanimous jury outcome indicating that the argument by the seller that the consumer organization has defamed the seller's product is unwarranted. As the result of a recent appeal by the seller's attorneys the presiding trial judge voided the decision of the jury. (The decision by the judge was somewhat unprecedented since the judge was presiding over the trial and if any trail violations took place he should have called for a mistrial.) Almost immediately the seller went into a RM mode in an attempt to turn the decision of the people represented by the jury into a repositioning of its corporate image. This image was soiled not only by 500+consumers who purchased the art at sea but 6 pending class action suits, the jury who spoke for the US citizens, and those who worked for the seller in almost every capacity including but not limited to attorneys and experts.

A Case Study of Too Much Lipstick⁽²⁾

The new pig with lipstick seller image starts out with a linked website to the consumer advocacy website to the seller attorney who labeled the seller's art as crap, continues with an government investigator who is not a questioned document examiner, stating that various seller works are authentic because documentation indicates that they are (apparently this psychology science grad thinks that the documents are all that are necessary to prove the work a work is authentic. I would suggest that the investigator please read Provenance, Thomas Hoving's works and read some works from the FAR® website. The investigator is not an authenticator, scholar, or expert. He is a government worker involved in art theft not art fraud). The web site continues by noting that the seller dismissed the class action suits against the seller. Please note that the seller cannot dismiss the suits only a court can. The tag along web site goes on to say that 3 complainants settled. Statistically it would not be unusual that out of 500 plus complainants not including class action suits, 3 would settle. One should expect even higher numbers of settlements. Please note that settlements are not one sided. Both plaintiff and defendant settle. The statement that complainants settle is not correct. Further, the web site recounts the tales of an appraiser who has provided authentication of various works of art for the seller. Any legitimate appraiser recognizes that appraisers do not authenticate. They provide opinions of value. A further issue is that in the settlement, the seller agreed to return payments. Here the seller agreed that the works sold were problematic. At this point, the pig has so much lipstick on that it not only looks ugly but stupid.

Summary

This step or structure of RM is a last ditch effort to perform damage control when the damage is insurmountable. It is almost comical to entertain the thought that this pig will ultimately win the Miss Universe contest. In point:

There are so many complaints, and class action suits against the seller, even in New Jersey, that many complaints would warrant the Attorney General to respond.
The fact that a tremendous amount of art is of question both in authenticity and value would incline the most simplistic of buyers to "pass by this pig" except under the influence of very large amounts of alcohol.
Appraisers authenticating is an absolute violation of appraising standards. Appraisers provide opinions of value.
The fact that RM is being used leads one to question whether this is an attempt to reposition a tarnished image or to cover up a bad operation.
The use of celebrity undereducated personae to transform the image driven by the complainants, and press, reminds the reader of using celebrity golfers to promote breakfast cereals or sneakers. Expert golfers are not health or nutrition experts. Argumentum ad Verecundiam, or appeal to an authority, is a logical fallacy. Expertise in one field does not infer or confer expertise in another field. Expert investigators are not necessarily experts in questioned documents or art authentication.
The throwing out of the jury verdict left those watching this historic art case wondering what reasoning would dominate the thinking process of the presiding judge issuing the ruling. Everyone had their best shot and even with overwhelming constraints on the defendant the jury in the state where the plaintiff resides ruled for the defendant unanimously. If the jury verdict based on all evidence provided during the trial is unacceptable what is the sense of having a jury?

Reputation Management and its Unintended Consequences

In an earlier article it was noted that there is a new paradigm present in the arena of corporate malfeasance. Those who control corporate processes have systemically developed structures to maintain revenue flow in the area of bad products, via no returns, stonewalling, SLAPP suits, and offshore operations serving to protect the company from prosecutorial interference. Using RM is just another step in the process to protect revenue flow. The one issue that no amount of lipstick can cover is a simple one: if a corporation expects its consumers to buy its products and then systematically attempts to prevent returns of the product it will not be long before consumers stop buying the product. The web spreads the word so quickly that reputation management may not be effective and may even cause further damage unintentionally.

1. Wiki definition,2010. Please note that RM refers to a concept not an entity.
2. This case study represents information points. Any resembling information is fortuitous.

Read Part 2 HERE