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by: cheryl ehlers

Park West Gallery Litigation Update #4:

Do Bernie Ewell or his Lawyer Have a Clue?

by Fine Art Registry®


Read the previous Park West Gallery Litigation Updates


Advantage Fine Art Registry® and Park West Gallery Victims


As our readers will recall, Fine Art Registry® sued Bernard Ewell for defamation, slander, and civil conspiracy with Park West Gallery, among other claims. Ewell was personally served with the Fine Art Registry lawsuit and recently hired a Michigan lawyer to defend him. Accordingly, Ewell's lawyer filed a Motion to Dismiss the Fine Art Registry lawsuit, claiming that the Fine Art Registry lawsuit is retaliatory and in the same breath admitting that Ewell published scores of postings regarding Fine Art Registry, Theresa Franks, David Phillips, Frank Hunter, Nicolas Descharnes, Robert Descharnes, as well as Christie's and Sotheby's, but that the postings were only Ewell's "opinions" and therefore not defamatory. This has got to be a joke. We are sure Christie's and Sotheby's aren't happy being referred to as "highway men" and "pirates".

Ewell's Motion to Dismiss, filed on October 8, 2009, is entertaining, and one of the more creative legal pleadings we have read in some time. Fine Art Registry is pleasantly surprised, however, that Ewell's legal counsel has taken the position he has on Ewell's so-called expertise. We suspect that Ewell, Park West Gallery and their respective lawyers don’t have a clue as to what Ewell has done in taking the position that he has in his Motion to Dismiss. Ewell's lawyer obviously having a serious deficit when it comes to art industry knowledge, made a serious error on the part of his client. But as luck would have it, his deficit operates as a tremendous advantage to Fine Art Registry and the many Park West Gallery/Ewell victims which will be discussed in more detail below. Suffice it to state that Ewell's lawyer stepped into the proverbial trap of failing to know his subject matter before filing the Motion to Dismiss, no doubt relying on his client's skewed representations and previous court filings to formulate his argument. The old "GIGO" theory - Garbage In Garbage Out - is never a good approach when drafting a legal pleading for filing with the court, and especially a dispositive pleading such as a Motion to Dismiss. But Fine Art Registry is certainly keeping score and we know the extreme significance of the arguments and statements that have been made public in this recent filing. Whether Ewell's Motion to Dismiss is granted or not, Fine Art Registry and Park West Gallery victims win. No matter what, the bell that has been rung can't be unrung.


Analysis of Ewell's "Sterling" Motion to Dismiss

In Ewell's latest blog entry he states in part: "My sterling attorney has filed a Motion To Dismiss the suit and we expect a ruling by the judge that will keep Theresa Franks from trumpeting any more stories on the Internet that I have been sued."

Ewell doesn't seem to understand that even if he is lucky enough to be successful on his Motion to Dismiss in this action, he will be far from off the litigation hook - "sterling attorney" notwithstanding. Should the motion be granted, a new lawsuit will be filed and Ewell will be required to defend himself. Never mind the nationwide class action litigation lawsuits that are pending around the country. Ewell is deluding himself if he thinks he will escape unscathed with his pockets full and sufficiently lined by his co-conspirator Park West Gallery.

Now, let's take look at just how "sterling" Ewell's legal representation is, or isn't, as the case may be.

There seems to be no end to Ewell's and Park West Gallery's spin in this case. The trouble for them is that the left hand doesn't seem to know what the right hand is doing. It's evident in reading Ewell’s Motion to Dismiss that his newly appointed "sterling" Michigan lawyer is seriously deficient in art industry knowledge and is equally deficient in the knowledge of the basic facts in this case. Further, it is manifest that Ewell has probably been less than forthcoming with his counsel.

What follows are direct quotes from Ewell's Motion to Dismiss under the subsection entitled "STATEMENT OF FACTS" which embody glaring (if not altogether naïve and stupid) errors, incredible admissions, as well as omissions, outright lies, and generally outlandish statements proffered as "facts" by Ewell and his lawyer:


 

"Ewell's specialty is appraising the works of artist Salvator Dali."

Ewell claims on his web site and in scores of other printed material that he is the "Dali Detective". Yet throughout his Motion to Dismiss, Ewell and his lawyer refer to Salvador Dali as "Salvator Dali". Some Dali Detective you are, Bernie.

However, Fine Art Registry is pleased to see this statement of fact and sudden clarification on Ewell's "specialty" being limited to that of "appraising". Finally, we see an unqualified admission by Ewell and his lawyer that he [Ewell] is after all just an "appraiser", having no business whatsoever in the activity of "authenticating" Dali works of art and especially Dali signatures. We are sure Park West Gallery must be surprised to hear this admission or perhaps they didn't know or haven't realized it yet. This admission by Ewell puts things into a whole new light. We can only speculate as to why? Perhaps, Ewell makes this admission in an effort to save his own skin. That is, just in case Park West Gallery decides to turn the tables which it is has been known to do, and decides to file a nasty lawsuit against him. It could be too that Ewell fears losing his appraisal status with the American Society of Appraisers. But wasn't it Ewell that stated that he has "never valued a Dali work of art" for Park West Gallery? Which begs the obvious question, so what is it that Ewell was paid to do for the last decade by Park West Gallery, if not appraisals?


 

"As an appraiser, Ewell is an 'independent contractor', meaning that he is retained on a matter-by-matter basis and he is not in the employ of any particular gallery (i.e., he is not now, and never has been, an employee of Park West)."

Again, Fine Art Registry appreciates the favorable admission by Ewell that he is only "an appraiser" for Dali works of art.

It is also important to note that Ewell's Motion to Dismiss is strangely silent regarding Ewell's authentication services he claims to have provided to Park West Gallery for well over a decade concerning its inventory of Dali works of art. With the exception of one quoted line from one of Ewell's blog entries where he states that he "authenticates" for Park West Gallery, there isn't a single, solitary mention anywhere in the Motion to Dismiss filed with the court that Ewell regularly authenticated (as his sole scope of work for Park West Gallery) hundreds of thousands of Dali graphics which were allegedly signed by Dali and sold (and as far as we know continue to be sold) by Park West Gallery on cruise ships and at land auctions - not even a whisper or a hint of the words "authenticator", "authentication" or any derivative of the word or mention of Ewell's authentication activity is referenced by his lawyer in the Motion to Dismiss.

Where is the candor to the court here? Surely, Ewell and his lawyer should have been more forthcoming and disclosed that Ewell has been actively engaging in authentication services for Park West Gallery. Yet they have not done so. What is Ewell hiding? What is Park West Gallery hiding? Was Ewell's scope of work for Park West Gallery as an "appraiser" or as an "authenticator"? What are buyers of Park West Gallery Dali prints to believe now?

This shocking and revealing disclosure by Ewell is grounds for an immediate recall of all Dali prints sold over the last decade or at least those prints that Ewell claims he "authenticated" for Park West Gallery, now that this admission by Ewell has been made and now that we know he really was acting in the capacity of an appraiser during his term of service to Park West Gallery as it relates to the bogus authentication of Dali signatures on Dali graphics. Ewell's lawyer couldn't have made it more crystal clear in his "Statement of Facts" contained in the Motion to Dismiss, and we quote: "Bernard Ewell is an art appraiser. Ewell has worked as an appraiser for over 36 years." Plainly, Ewell's Motion to Dismiss pegs him as an appraiser and nothing more. This means that all of the representations as to authentication and value made by Ewell and Park West Gallery to countless unsuspecting Park West Gallery Dali graphics buyers over the last decade were blatant and egregious misrepresentations and distortions of the truth. In other words, out and out fraud committed by Park West Gallery and aided and abetted by Bernard Ewell. Ewell's own lawyer makes the admission as a "statement of fact." Uh oh!

Fine Art Registry and other experts have repeatedly maintained that Ewell is not in any way qualified to be a Dali authenticator. Ewell's recent Motion to Dismiss is now in agreement with our analysis. Ewell's opinions as to authenticity of Dali signatures, in particular, are meaningless in the marketplace and now even more so in light of his recently filed Motion to Dismiss. The fact that Ewell did not mention anywhere in his Motion to Dismiss that he authenticated huge amounts of Dali print inventory for Park West Gallery speaks volumes. To illustrate the mass confusion regarding the contradictory statements between what Park West Gallery has claimed and what Ewell has represented for years and the newest revelations in the "Statement of Facts" in this recently filed Motion to Dismiss, and why Fine Art Registry believes Park West Gallery and Ewell are at odds with one another, one only has to look at Ewell's web site which unambiguously represents the following as it relates to Park West Gallery Dali print inventory:

"...Park West Gallery, is the exclusive buyer and seller of Dalí artworks and prints from the Albaretto Collection. I authenticate every artwork before they buy it. If I turn it down, they don't purchase. I do not provide appraisals or values."

So you see Ewell has always held himself out to be just that for Park West Gallery - a Dali authenticator - NOT AN APPRAISER AS EWELL'S MOTION TO DISMISS NOW CLAIMS. Yet Ewell's web site home page still trumpets the following to the public: "We only appraise & authenticate art!" Two separate disciplines. Do Ewell and Park West Gallery think the public is stupid? The unvarnished truth is: Ewell is the one that Park West Gallery hired and paid handsomely over the last decade or more to "authenticate" its Dali print inventory NOT to "value or appraise" it - the very same spurious Dali inventory that is at issue today and that has been sold to thousands of unsuspecting Park West Gallery customers, including Plaintiffs Sharon Day and Julian Howard, among other victims in the U.S. and internationally, in addition to nationwide class action litigants.


Based on Ewell's recent Motion to Dismiss, this brings to the fore serious questions as to just what services Ewell is really proffering to the public and puts squarely into question exactly what role Ewell played in the Park West Gallery scheme to sell hundreds of thousands of Dali prints allegedly bearing the signature of Dali.

Park West Gallery and Ewell can't have it both ways. The two disciplines, "appraising" and "authenticating" are in conflict with one another which is why the American Society of Appraisers (the appraising organization that Ewell claims he holds a certification with) and the Appraisers Association of America do not condone appraisers of personal property (and in this case artwork), to act in the capacity of an authenticator and an appraiser simultaneously. The American Society of Appraisers offers no "appraisal" courses on the subject of authentication. The New York University appraisal program offers at least 30 courses in its program and yet not a single course is dedicated to authentication. There is a reason for this. An opinion of value without first establishing that what is being appraised is authentic is a blatant contradiction and/or ethical omission. Authentication always precedes the act of valuation. If an art object is not authentic, it is of little or no value.

Another glaring omission in Ewell's Motion to Dismiss is his absolute lack of candor to the court when it comes to his so called "employment" with Park West Gallery. Ewell and his lawyer are not being honest about his role with Park West Gallery over the last decade. This is the million dollar question, isn't it Ewell? Fine Art Registry has written numerous articles concerning the troubling and mutually beneficial financial relationship between Ewell and Park West Gallery over the last decade. It always has been (and perhaps no longer is based on Ewell's recent Motion to Dismiss) a truly master and servant relationship.

Fine Art Registry is in possession of a mountain of irrefutable evidence that Park West Gallery has acted as Ewell's paymaster (which is defined as a person or body which demands loyalty or services in return for payment – especially as paid in advance - which Ewell was) for at least the last decade. Ewell has made and, as far as Fine Art Registry knows, continues to make colossal sums of money in the pay of Park West Gallery. So, call it what you will Ewell, "contractor", "employee", "servant" or otherwise. It cannot be disputed that Ewell has a distinct economic interest in the outcome of this case and other pending litigation against Park West Gallery. It would appear that Ewell has said and will say anything and do anything to cover his rear - knowing that Park West Gallery could at any time in the not-too-distant future, point the finger at him and he could find himself hoisted into the litigation soup, if not also criminally charged in the process. Ewell would be the obvious patsy for Park West Gallery in this debacle and indeed it is surprising that Park West Gallery hasn't already added Ewell as a party at fault. Wouldn't adding Ewell as a party be a prudent business consideration for Park West Gallery in light of the claims that are being made against it regarding its Dali print inventory? Yes, of course, except for one glaring problem. Doing so would mean that Park West Gallery would willingly be planting itself directly on the hook to refund potentially millions and millions of dollars to victims.

Although it could sue Ewell for the damages they incur as the result of Ewell turning on them, Park West Gallery knows full well that it won't get blood out of a turnip - especially when you consider the significant dollar signs involved in potential refunds. And we may never know to what level Park West Gallery had full knowledge of what it was doing in its scheme with Ewell and the Albarettos and its other European suppliers of the Dali inventory. The evidence against Park West Gallery isn't at all pretty. It's a slippery slope indeed for Park West Gallery and its waning sweetheart relationship with Ewell. And we can't forget the cruise lines in this equation either. It doesn't take much to start connecting the dots and calculating the financial cost to the cruise lines and Park West Gallery should Park West Gallery ever decide out of desperation to point the finger at Ewell and its European suppliers of the Dali print inventory it sells. The bottom line: Ewell has been on the Park West Gallery dole out for more than a decade and he can hardly be considered independent.


 

"Additionally, Ewell has worked appraising the works of the Salvator Dali museum in Paris, France."

What? Ewell appraised the "Salvator Dali museum" in Paris, France? The only Dali museum Fine Art Registry is aware of in Paris, France is, Espace Dali Monmartre, which is privately owned. This is the first Fine Art Registry has heard this representation, but is really nothing new for Ewell, however. In the past he has misrepresented and/or embellished his relationships with other museums and professional organizations like the St. Petersburg Museum in Florida and the Gala Salvador Dali Foundation in Spain. Ewell once claimed that he had been "personally invited" to the Gala Salvador Dali Foundation which turned out to be false as reported recently in a Spanish newspaper - LA RAZON. Ewell is a legend in his own mind and he is his own biggest fan. Sources at the Paris museum, Espace Dali Monmartre, deny that Ewell appraised its collection.


 

"In addition to (and separate from) his work as an art appraiser, Ewell also maintains a personal web log (i.e. a 'blog') that he publishes through a website, www.bernardewellartpro.blogspot.com (the 'Ewell Blog')."

So Ewell was working in his capacity as an "appraiser" for Park West Gallery all these years? Why then didn't Ewell sign the thousands upon thousands of appraisal certificates issued by Park West Gallery's CEO Albert Scaglione and Gallery Director Morris Shapiro for the Dali prints they peddled over the last decade? Wouldn't this be an obvious part of Ewell's job as an appraiser - to render a "value"? This is the first Fine Art Registry has heard Ewell make the admission that he was acting as an "art appraiser" for Park West Gallery. So, exactly how many spurious Dali graphics did Ewell actually appraise for Park West Gallery in "his work as an art appraiser"?

Yet another recent manufactured so-called "Statement of Fact" forwarded by Ewell as soon as he learned he was being sued by Fine Art Registry is the claim that his blog is "separate from his work as an appraiser." How convenient for Ewell (and for Park West Gallery) to make this argument now. It's just a wee bit late.

There is no question that Ewell's blog was set up and is maintained precisely for the benefit of Park West Gallery which (until very recently) prominently advertised Ewell's blog link on the home page of the Park West Gallery web site. Park West Gallery and one of its lawyers, Bob Goldman (the "Dancing Bear") promotes the Ewell blog and sends or directs disgruntled Park West Gallery customers there to read Ewell's defamatory and slanderous statements about Fine Art Registry and respected experts in the industry, including Ewell's appalling defamatory statements concerning the world's largest auction houses, Christie's and Sotheby's. It is most telling that Park West Gallery has very recently REMOVED the offending link to Ewell's web blog. As far as we can calculate, the link to Ewell's blog was removed (or is buried and hidden elsewhere on the Park West web pages) soon after Fine Art Registry posted its article dated September 30, 2009, wherein Fine Art Registry reported the following, in part:

"In fact, not only does Park West Gallery continue to support Ewell, but Fine Art Registry has recently come into possession of outrageous correspondence, authored by Park West Gallery's so-called "lead counsel" (aka the Dancing Bear, also touted by Park West as the "most feared prosecutor" in the land) Bob Goldman, where he [Goldman] directs dissatisfied Park West Gallery customers and an art industry professional to (surprise, surprise) the Park West Gallery website, where the Dancing Bear is profiled, and at the precise link, Ewell's defamatory and slanderous statements against well-respected individuals in the industry, including Christie's and Sotheby's are prominently published. We are almost certain that the Dancing Bear never thought beyond his mustache that Fine Art Registry would come into possession of this gem of a letter. It appears that the Dancing Bear has waltzed himself right out onto a limb on this one. It's a humdinger of a letter and we plan and are indeed anxious to report this to the public and call attention to the great lengths Park West Gallery and its stupendous "lead counsel" will go to intimidate, confuse, stun, baffle, and confound victims and art industry professionals who refuse to be bullied into seeing things Park West Gallery's way. Stay tuned for much more on this subject."

Obviously, Park West Gallery deleted the link to Ewell's blog for a variety of reasons, but Fine Art Registry believes that the main reasons are: to avoid the very real possibility of a flurry of potential defamation lawsuits being filed against Park West Gallery by Christie's and Sotheby's as well as Robert and Nicolas Descharnes and Frank Hunter, and as a blatant and obvious conspiratorial exertion by Park West Gallery and Ewell to forward Ewell's fallacious argument that Ewell's blog is "separate from his work as an art appraiser". Clearly, it wouldn't be too wise for Park West Gallery to have continued to prominently display and advertise the link to Ewell's blog on the "Park West Gallery Reputation Management" web page, would it? No, that wouldn't do at all as it is the exact same web page where Park West Gallery touts its "lead" lawyer, Bob the "Dancing Bear" Goldman, who prominently advertises his wondrous lawyering skills with stale "has been" articles of his balloon rides over Peru with his little buddy, Bob Wittman, who works as Goldman's private dick.

The representation that Ewell's blog was "separate" from his work for Park West Gallery is a manufactured lie. Park West Gallery thinks that just because they removed the offending Ewell blog link from its web site, they are home free - that Ewell and Park West Gallery will be able to say that it never existed. Well, Fine Art Registry, in anticipation of Park West Gallery doing exactly as it did (because they have always been a moving target and can't EVER be trusted to play fair) by destroying and covering up the evidence, we took a screen shot of the offending page advertising the Ewell blog so we can prove the truth of the matter. The screen shot is pictured below. The evidence therefore is clear that Ewell's blog was not in any way separate. It was sponsored, encouraged, and bought and paid for by Park West Gallery. Just ask Morris Shapiro.

Park West Gallery website, Bernard Ewell


 

"A claim that one art dealer or appraiser is defaming another through material published on a web site is likely familiar to this Court..."

Fine Art Registry is neither an "art dealer" nor an "appraiser". Another so-called "statement of fact" that is far from the truth. Apparently Ewell's lawyer has difficulty with researching even the most basic of facts in this case. His erroneous references throughout the Motion to Dismiss that FAR® is an "appraisal company" is just dim and demonstrates a complete lack of due diligence. Ewell and his lawyer ought to get along just great - both of them seem to be expert in the lack of due diligence.

 

And so much for "sterling" performances.


The Fine Art Registry Response to Ewell's Motion to Dismiss


Now for the best part of this litigation update. To set the record straight, Fine Art Registry publishes here in its entirety our full Response to Ewell's Motion to Dismiss filed with the court on October 28, 2009. In addition to what we have already set forth above, we believe that our readers will find it enlightening to read the facts as they truly are, not as Ewell and Park West Gallery make up as they go along. You won’t find Park West Gallery or Ewell reporting in detail or at length like Fine Art Registry does on litigation updates. Why? Because they have plenty to hide and we have the truth to tell.

Some of the highlights of our Response filed by the law firm of Kaufman, Payton & Chapa, are quoted below (written by the ever diligent, capable, and dedicated Fine Art Registry lawyers, Don Payton, Larry Atorthy and Jonathan Schwartz):

At p. 3 of the FAR Response:

"Park West has sued FAR in a number of forums, in an attempt to burden and intimidate FAR with legal bills and silence FAR's reporting on Park West questionable, and likely criminal business activities (explained below).


Footnote 1:

"Upon information and belief Park West is currently under investigation by at least two federal governmental agencies related to its questionable business activities."


At p. 4 of the FAR Response:

"The Ewell/Park West campaign to damage and drive FAR out of business results from FAR's reporting on various concerns that have been raised with Park West's business practices by a number of individuals. Through its reporting, FAR has conclusively shown that Park West has defrauded individuals, and the public at large by selling many thousands of Dali prints with forged Dali signatures to unsuspecting victims, thus raking in millions of dollars in profit. Ewell was an active participant in this scheme, having been on the Park West payroll (making a large sum of money) in exchange for rendering favorable authentication opinions on the artwork. Ewell wanted to keep getting paid by Park West, and keep the business flowing, so he conspired with Park West to damage FAR, leading to this Third-Party lawsuit."


Footnotes 3 through 5:

"Park West Galleries, Inc. has also been accused of other 'bad acts' by FAR related to other artwork and artists."

"Two world-recognized Dali authorities, a professor of art at Michigan State, and a well-respected forensic document examiner (and hand writing expert) [William Flynn] have all determined that Park West has sold Dali prints with fraudulent Dali signatures, and that Ewell wrongfully had authenticated the art prior to Park West selling it to unsuspecting art-buying victims."

"Park West is also facing six recently filed class action lawsuits for the sale of fraudulent artwork. (4 filed in the United States District Court for the Eastern District of Michigan). Park West is also the subject of six class actions lawsuits.... It is likely that Ewell will be added as a Defendant to all or some of these cases (100 John Doe Defendants are now named)."


At p. 5 of the FAR Response:

While Ewell is listed as a Dali expert by Park West in this matter, the causes of action in the Third-Party Complaint against Ewell are in no way based upon any "expert" testimony he has rendered or any of his "expert opinions". The complaint is based upon Ewell's defamatory statements on a blog he publishes online for the world to see, Ewell's statements to FAR customers and the general public (not just on his blog, but also in e-mails, telephone calls, and elsewhere), Ewell's planning and collusion with Park West and others to damage FAR, and the resulting effects on FAR's reputation and business. Ewell's defamation and other actionable conduct preceded the initial complaint, and continue to this day. Ewell's defamatory writings were not "an opinion on the basis of, and in the context of, a pending court proceeding in which he is serving as an expert witness" as claimed in Ewell's Motion to Dismiss because: (1) Ewell's defamatory statements are phrased as fact and not opinion; (2) Ewell is subject to a protective order related to his expert opinions based upon confidential information in this case and therefore cannot be a claim by Ewell that Ewell has been writing on his blog in his capacity as an expert in this matter."


At p. 6 and 7 of the FAR Response:

"Approximately two years ago, FAR learned that some of the customers of Park West Gallery, Inc. who had bought artwork from Park West on cruise ships had made claims of fraudulent and unethical dealings by Park West, particularly with respect to purchases of artwork by Salvador Dali. FAR researched these issues and cases and published several articles and case studies discussing individual complainants and related controversies. FAR also learned and reported on the fact that Bernard Ewell, a self-described Salvador Dali expert appraiser who has never met the artist and whose services are not used by any reputable auction house, was falsely authenticating supposedly thousands of Dali prints sold by Park West that bore fraudulent Dali signatures in exchange for big payouts and being on their payroll.

In response to this reportage, a threat to their fraudulent activities, Park West, Ewell and others who have a financial interest in continuing their activities unabated have orchestrated a campaign to sue and oppress FAR and anyone associated with it, including David Charles Phillips, who has authored articles on the Fine Art Registry website. One prong of this campaign is to file lawsuits against FAR in multiple states—one of which initiated the current lawsuit [footnote omitted]. In addition, Park West and Ewell have engaged in a smear campaign against FAR by making derogatory comments to FAR customers, publishing defamatory comments on the internet, and taking other actions to conspire against and hurt FAR with the goal of silencing it and running FAR out of business.


At p. 11 of the FAR Response:

Footnote 10

"In Ewell's Motion to Dismiss, he falsely attempts to claim that: (1) his statements are his opinion; and (2) that no opinion can be defamatory. In reality, Ewell couches his blog writings as statements of fact, and according to the Supreme court, and the case law cited below Ewell's statements that FAR "lies" and similar statements imputing untruthfulness to FAR are not protected even if allegedly only an opinion."


At p. 17 of the FAR Response:

"Ewell writes that FAR contributor, David Phillips, is 'Fine Art Registry's hatchet man...." A hatchet man is defined as: '(1) A man hired to commit murder; or (2) One assigned to carry out a ruthless task or a vicious or unscrupulous order." Clearly, if Mr. Ewell was claiming that FAR has a man hired to commit murders for it that would be defamation per se. Most likely, Mr. Ewell was referring to the second definition, which is also offensive toward FAR and causes damage to FAR's reputation.

Again, FAR's mission, in part, is to report on issues of public concern. By impugning the credibility of Phillips, it reflects negatively on FAR. More relevant to this matter, is that Ewell calls Mr. Phillips FAR's "hatchet man", indicating that FAR assigns Phillips to do dishonorable or unethical tasks. Again, Ewell is attempting to impugn the character of FAR with his statements.


At p. 17 of the FAR Response:

Footnotes 17 and 19

"Ewell is Park West's ONLY Dali authenticator who screens all Park West's Dali work and provenance documents prior to sale to unsuspecting victims."

"Park West has sued FAR's expert Frank Hunter in a pending case in Oakland County Circuit Court as a result of Mr. Hunter's serving as an expert for victims of Park West/Ewell Dali fraud. It is interesting that Ewell supports that action by Park West, but contests that he is being sued for legitimate reasons in this matter."


Be sure to read the FAR Response to Ewell's Motion to Dismiss in its entirety.

Whether or not Ewell prevails on his Motion to Dismiss remains to be seen. Whatever the case, Fine Art Registry will keep telling it like it is. Stay tuned for more litigation updates as we progress through the Park West Gallery hornet's nest of litigation.


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Park West Gallery Litigation Updates
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  2. Park West Gallery Caught Between a Rock and a Hard Place?
  3. Park West Gallery Hornet's Nest of Litigation, Update on Nationwide Class Actions
  4. Do Bernie Ewell or his Lawyer Have a Clue?
  5. Park West Gallery Up Against the Ropes and More Remarkable Developments
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  7. Park West Gallery Drags Royal Caribbean into Its Cesspit of Controversy
  8. Corruption, Manipulation, Deceit and Worthless Park West Gallery Appraisals
  9. Michigan Court Judge Enters Multiple Formal Judgments Against Park West Gallery
  10. Michigan Court of Appeals Spanks Royal Caribbean - AGAIN!
  11. Six Blistering Amended Complaints Filed Against Park West Gallery and Accomplices
  12. Fine Art Registry® to Square Off with Park West Gallery in Port Huron, Michigan
New Video Series of Litigation Updates
Fine Art Registry® invites you to tune into a series of new videos featuring CEO and Founder Teri Franks as she confronts the self-proclaimed "World's Largest Art Gallery" Park West Gallery. Brought to you as it happens! Be sure to stay tuned to the cliff hanger sequences.
Fine Art Registry Video - Intro to New Video Series of Litigation Updates

  1. Litigation Update #13, Video Series
    1. Part 1 - "Bury the Truth", Park West Gallery Style
    2. Part 2 - Park West's Motion in Limine 1 and 2
    3. Part 3 - News Flash! Court Order on Park West's Emergency Motion to Compel
    4. Part 4 - Park West's Motion in Limine 3 through 10
    5. Part 5 - "In Defense of Truth" Affidavit of CEO Teri Franks vs. Park West Gallery
    6. Part 6 - Park West's Motion in Limine 11 through 17
    7. Part 7 - "Oh the Drama"
    8. Part 8 - "It's An Eye Opener"
    9. Part 9 - "Peeling the Onion"
    10. Part 10 - Fine Art Registry Responds to Limine #12, Part 1
    11. Part 11 - Fine Art Registry Responds to Limine #12, Part 2
    12. Part 12 - Park West files Another Motion to Silence Fine Art Registry
    13. Part 13 - Park West enters into a game of "Dirty Pool"
    14. Part 14 - Outrageous Conduct Exhibited by Park West Attorneys
    15. Part 15 - Letter from Fed's and "Grand Jury Investigation"
  2. Litigation Update #14, Video: Jury Trial in Michigan Begins
  3. Litigation Update #15, Video: Michigan Trial - Day 4, Scaglione takes the Stand
  4. Litigation Update #16, Video: Michigan Trial - Day 5, Fine Art Registry is Alive, Well and Still Fighting
  5. Litigation Update #17, Video: Michigan Trial - Weekend Update
  6. Litigation Update #18, Video: Michigan Trial - Albert Molina to Take the Stand Soon
  7. Litigation Update #19, Video: Michigan Trial - Half Truths and Perverted Truths
  8. Litigation Update #20, Video: Michigan Trial - Coming to the Stand Bob Wittman
  9. Litigation Update #21, Video: Michigan Jury Trial-Day 6 - How Provenance Relates to Artwork - Part 1
  10. Litigation Update #22, Video: Michigan Jury Trial-Day 6 - How Provenance Relates to Artwork - Part 2
  11. Litigation Update #23, Video: Michigan Jury Trial-Day 7- Albert Molina-Lies! Payoffs! Gross Distortions!- Part 1
  12. Litigation Update #24, Video: Michigan Jury Trial-Day 7- Testimony of Park West VIP Customer "Backfires" - Part 2
  13. Litigation Update #25, Video: Michigan Jury Trial-Day 8 - "Shady" European Sources of PWG Dali Prints
  14. Litigation Update #26, Video: Michigan Jury Trial-Day 9 - Purported Signatures of Salvador Dali and Manufactured Blind Stamp-Part 1
  15. Litigation Update #27, Video: Michigan Jury Trial-Day 9 - Park West Gallery Up to Its Old Tricks-Part 2
  16. Litigation Update #28, Video: Michigan Jury Trial-Day 9 - Book Entitled ART CRIME Exposes Glaring Similarities to PWG Dali Provenance-Part 3
  17. Litigation Update #29, Video: Michigan Jury Trial-Weekend Update 3/28/10 - Revealing Emails from Park West Gallery Ex-Auctioneers - Part 1
  18. Litigation Update #30, Video: Michigan Jury Trial-Weekend Update 3/28/10 - Raffle Art Deception Exposed by PWG Ex-Cruise Ship Auctioneer -Part 2
  19. Litigation Update #31, Video: Michigan Jury Trial-Day 10 - PWG Relies on Status of Ex-FBI Employee-Bob Wittman - Part 1
  20. Litigation Update #32, Video: Michigan Jury Trial-Day 10 - Bob Wittman Handed Keys to Park West Gallery Kingdom - Part 2
  21. Litigation Update #33, Video: Michigan Jury Trial-Day 11 and 12 - Hostile Witness Called!
  22. Litigation Update #34, Video: Michigan Jury Trial-Day 13 - PWG "Star Witness" Bernard Ewell His Blog and Infamous Posts-Part 1
  23. Litigation Update #35, Video: Michigan Jury Trial-Day 13- Park West Gallery "Expert" Ewell Puts on Spectacle(s) in Court - Part 2
  24. Litigation Update #36, Video: Michigan Jury Trial-Day 14 - Park West Gallery Presents: A Drama, Starring; Mary Gordon and Cast - Part 1
  25. Litigation Update #37, Video: Michigan Jury Trial-Day 14 - Another Hostile Witness - Publications Director, David Phillips - Part 2
  26. Litigation Update #38, Video: Michigan Jury Trial-Day 15 - Park West Damage Expert Simon Says: $46,000,000.00 In Damages! OUTRAGEOUS!!
  27. Litigation Update #39, Video: Michigan Jury Trial-Day 15, Part 2 - Park West Gallery Sandpapers, Varnishes and Glosses Over Provenance
  28. Litigation Update #40, Video: Michigan Jury Trial-Day 16, Part 1 - Park West Gallery Rests its Case! An Anti-climax!!
  29. Litigation Update #41, Video: Michigan Jury Trial-Day 16, Part 2 - Introducing World Renowned Dali Expert, Nicolas Descharnes from Paris
  30. Litigation Update #42, Video: Michigan Jury Trial-Day 17, Part 1 - Park West Gallery Victim, Debbie Austin Testifies for Fine Art Registry
  31. Litigation Update #43, Video: Michigan Jury Trial-Day 17, Part 2 - Object To This! Object To That! Object To Everything! Especially The TRUTH!!
  32. Michigan Jury Trial-Day 19 - Three World Renowned Experts "Agree" PWG Dali Inventory Examined Prints "FORGED"
  33. Michigan Jury Trial-Day 18 - Conversation With Fine Art Registry CEO and Dali Experts
  34. Michigan Jury Trial-Day 20 - Park West Gallery and Counsel Laugh At Victims' Compelling Testimony! Where Are The Ethics???
  35. Michigan Jury Trial-Week End Update 4/10/2010 - "How To Get Flim-Flammed At Sea" Told by PWG Ex-Auctioneers
  36. Michigan Jury Trial-Week End Update 4/10/2010 Part 2 - "Send In The Clowns" & The Rest of Rouges Gallery!
  37. Michigan Jury Trial-Week End Update 4/10/2010 Part 3 - Fine Art Registry Beginning 5th Week of Historic Art Trial
  38. Michigan Jury Trial-Day 21 - PWG Required Victim to Pay $26,000.00 In Money Orders for Art Purchased! - What???
  39. Michigan Jury Trial-Day 22 - CEO Teri Franks Takes the Stand! "LET R' RIP"
  40. Michigan Jury Trial - Day 23 - Fine Art Registry CEO Teri Franks Stands Her Ground!
  41. Michigan Jury Trial - Day 24 - War Zone! Witnesses Testify of Park West Gallery Collateral Damage - Part 1
  42. Michigan Jury Trial - Day 24 - Fine Art Registry Witness: Samantha Algar "There's A Point in Life Where You Have to Do The Right Thing!" - Part 2
  43. Michigan Jury Trial - Day 24 - Sharon Day - PWG Victim Defrauded of Close to Half Million Dollars! - Part 3
  44. Michigan Jury Trial - Day 24 - PWG Albert Scaglione Leaves Courtroom BEFORE Sharon Day Takes Stand! - Part 4
  45. Michigan Jury Trial - Day 24 - Penny Tyler Exposes PWG Auctioneer Training on Land and Sea - Part 5
  46. Michigan Jury Trial - Day 24 - Park West Gallery's Ex-Auctioneer & Former Trainee Speak Out! - Part 6
  47. Michigan Jury Trial - Day 25 - We've Had Our Day In Court - FAR® Case Concluded! - Part 1
  48. Michigan Jury Trial - Day 25 - Auctioneer Trainee for Park West Gallery DISMISSED! "Too Much Art Knowledge"
  49. Michigan Jury Trial - Weekend Update 4/17/2010 - Divine Providence Allows Sharon Day to Testify for FAR®!
  50. Michigan Jury Trial - Weekend Update 4/17/2010 - Sharon Day: "Without Fine Art Registry Where Would We Be?"
  51. Michigan Jury Trial - Weekend Update 4/17/2010 - Park West Gallery Fabricates Bogus Invoice for Sharon Day and Julian Howard - Part 3
  52. Michigan Jury Trial - Weekend Update 4/17/2010 - "Buyer Beware Does Not Apply to Fraud" Sharon Day - Part 4
  53. Michigan Jury Trial - Weekend Update 4/17/2010 - "That Little Plywood Box" Was Owned by PANDORA! - Part 5
  54. Michigan Jury Trial - Weekend Update 4/18/2010 - Fine Art Registry Witness PWG Ex-Employee Lynn Mesrobian Testifies to Oppressive Work Atmosphere - Part 6
  55. Michigan Jury Trial - Weekend Update 4/18/2010 - Park West Gallery's Un-Limited Editions - Run Out? - Simply Print More! - Part 7
  56. Michigan Jury Trial - Day 26 - We've Run the Race and Fought the Good Fight! - Jury Deliberates! Part 1
  57. Michigan Jury Trial - Day 26 - Samantha Algar: Describes Court Proceedings Metaphorically - Part 2
  58. Michigan Jury Trial - Day 26 - Sharon Day Back By Popular Demand - Part 3
  59. Michigan Jury Trial - Day 26 - PWG Closing Argument.... Never Mentioned Defrauded Victims Who Testified - Part 4
  60. Michigan Jury Trial - Day 27 - Royal Caribbean Cruise Lines Enables Park West Gallery Corruption to Continue!
  61. Michigan Jury Trial - Day 27 - Historic Art Case! WE WON AND WE WON BIG!!
  62. Michigan Jury Trial - Day 27 - Victorious and Homeward Bound!
  63. Michigan Post Jury Trial - 4-22-2010 - Fine Art Registry® CEO Speaks With Her Legal Team: Donald Payton and Jonathan Schwartz of Kaufman, Payton and Chapa P.C.
New Post Trial Video Series: Truth to Power

— by Fine Art Registry®  |  November 7, 2009

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