Park West Gallery Litigation Update #5:
Park West Gallery Up Against the Ropes and More Remarkable Developments
by
Fine Art Registry®
Our litigation updates are quite popular and we aim to please so here is another installment in the continuing litigation against Park West Gallery as well as a report on the gallery's unending and desperate efforts to suffocate the free speech of its former customers, art professionals, and critics in general.
This is an important and extraordinarily lengthy update. There is a lot to report. The update is chock-full of interesting and shocking developments as well as surprising facts. It is well worth taking the time to read it in its entirety.
Federal Court Trial Date Cancelled - To be Rescheduled in March 2010
The February 2010 scheduled legal boxing match between Park West Gallery and Fine Art Registry® was recently cancelled by the Michigan Federal Court. It is currently on the court's trailing docket calendar, and is expected to be reset sometime in March of 2010. Though Fine Art Registry has been ready to go head to head in the legal ring with the bully, Park West Gallery, since the originally scheduled trial date in October, this second in a row of welcome delays provides Fine Art Registry with additional time to further expose the gallery's continued bad business practices. To this end, we will in the immediate future begin with the release of a new investigative report on the Park West Gallery Destino collection which could very well be published before this update.
Park West Gallery Ordered to Pay Fine Art Registry Attorney's Fees and Costs
Don Payton, attorney for Fine Art Registry, appeared in court on November 26, 2009 on the Fine Art Registry Motion for Sanctions against Park West Gallery for their repeated failure to provide complete answers to interrogatories and requests for production of documents, originally sent to them early this year in February 2009. This latest motion was our third one demanding that Park West Gallery respond with answers to questions and production of documents. Despite this third request, Fine Art Registry still does not have complete responses. What is Park West Gallery hiding? We wonder. It is important to note that Park West Gallery sued Fine Art Registry in the Plaintiffs case. In essence, a harassment suit, blaming Fine Art Registry for the Plaintiffs (many of them Fine Art Registry members) filing suit against the gallery for bogus artwork sold to them. Fine Art Registry is entitled to know what evidence Park West Gallery has to support it ridiculous claims and has had to fight tooth and nail to get it. As a result of the failure to respond to Fine Art Registry discovery requests, the Judge stated that we were entitled to attorneys’ fees and costs for having to prepare THREE motions compelling Park West to respond and for having to appear in court three separate times. The judge did not award a specific amount, so we submitted our time and costs for these services, which amounted to approximately $4,500. After review, Judge Grant will soon be giving her final ruling in this regard.
It's amazing how Park West Gallery tries to manipulate the court system. In its arrogance it believes it can cavalierly sue anyone and everyone and then fail to play by the court rules without consequence.
Further Substantive Updates, Remarkable Developments and New Disclosures
There have been many developments in the Park West victims' lawsuit against Albert Scaglione, Morris Shapiro, and Park West Gallery (see Best, Day, et al. v. Albert Scaglione, Morris Shapiro and Park West Gallery). None of them is favorable for the gallery, Scaglione or Shapiro. We are certain Park West would just as soon these recent developments are kept suppressed.
You won't see Park West Gallery reporting on any of the substantive issues or developments in the litigation because quite simply, they don't want the public to know, even though it was Park West Gallery alone that started the entirety of the litigation avalanche they find themselves defending currently. The truth is it all started when Park West Gallery SLAPPed Fine Art Registry with a retaliatory lawsuit for reporting the truth about its bad business practices. From the individual lawsuits being filed by victims in the U.S. and abroad to six nationwide class actions, Park West Gallery is being pummeled with litigation and no doubt more litigation will follow in the future. Rather than face the music and do the right thing by refunding those victims who have proven the artwork they purchased is bogus, and treating their employees fairly, Park West Gallery has turned historically to big gun PR firms to forward superficial spin and despicable propaganda.
Park West Gallery employs the extraordinarily expensive PR firm of Fleishman Hillard who employ disingenuous, deceptive and/or highly manipulative tactics to try to persuade public opinion. Fine Art Registry on the other hand does not use or pay a PR firm at all. We report the truth as it is reported to us by countless victims, former Park West employees who have come to us, as well as Park West insiders, and when it is available to us we back up our investigative reports with documentary evidence.
Since 2007, when we received the very first complaint from the very first Park West Gallery victim, we have asked Park West Gallery for their side of the story and have repeatedly asked Park West to respond to or comment on the claims being made. Park West Gallery has either ignored our requests or has refused to talk with us. The last time we requested information from Park West Gallery was to confirm that Park West Gallery had been removed as a vendor from the Disney cruise ships. We were promptly rebuked by Park West lawyer, Bob Goldman, and warned never to contact the gallery again, even though it was perfectly permissible to do so. Park West's refusal to talk with us from the beginning is, we presume, so they can go on reporting the fallacious lies about Fine Art Registry and its world renowned experts in order to deflect responsibility that lay squarely with them.
Fine Art Registry can only imagine how much of the victims' money paid to Park West Gallery for bogus art work purchased from them over the years is being wasted on useless PR to keep the spin and propaganda going. Park West Gallery could be using the gigantic sum of money it's paying to these spin doctors to set things right with their customers and be far better off in the long run. Further, the sum of money they spend on PR does not take into account the additional significant sum of money Park West is spending on their newly acquired ex-government employees Bob Goldman (a retired government lawyer inexperienced in civil litigation) and his little buddy Bob Wittman (a former agent with the FBI) in addition to two other civil litigation law firms Park West employs in Michigan and in Florida. The number of lawyers Park West has retained to attack Fine Art Registry and Plaintiffs is mind boggling.
Goldman and Wittman were hired in late 2008 to try to "kill off" and intimidate Fine Art Registry, its members, and art professionals by publicizing their EX G-men status. Goldman and Wittman signed on full time with the cash cow Park West Gallery. Park West was banking on the fact that their newly hired gun, Goldman, and his little companion were going to be the silver bullet that would rub out Fine Art Registry from the landscape. Apparently, the firm of Young & Susser (the law firm originally hired by Park West, reported to have been retained by the Gallery in March 2008) didn't quite seem to be getting the job done, so Park West sought to bring in some extra muscle and so they hired Bob Goldman and proclaimed that he was the "most feared prosecutor in the world". We suppose that Park West thought Fine Art Registry would shake in its boots at the sound of his name. So much for the extra muscle-Goldman turned out to be a Wimpy not a Popeye.
In truth, Goldman was hired to take everyone's eye off the ball - to intimidate, scare, bully and threaten anyone and everyone that would even think twice about filing a claim against Park West Gallery - to dance, twirl, and spin for his Lord and Master Park West and to bill his way to retirement. One thing is for certain, Goldman is a one man circus unto himself. He has not been successful in intimidating Fine Art Registry. In reality, his tactics have had the opposite effect, and have only resulted in making him look like a complete jackass in front of true legal professionals as well as lay people, but more on this later in the update.
It is true that Goldman and Wittman walk the line of ethical responsibility and as far as Fine Art Registry is concerned, both have crossed this line many times as previously reported. Desperate times for Park West Gallery call for desperate measures. After all, Goldman has got to perform or else he may well be planning his financial exit strategy a bit sooner than expected and his sidekick, Wittman, right along with him - especially if the Park West Gallery CEO Scaglione turns on him, which is quite possible, given the historical conduct of Park West Gallery, its total lack of loyalty among its ranks, and its litigious nature.
Discovery has now closed in both the State and Federal cases, meaning that there will be no further document production or depositions taken in the respective cases. For those who are unfamiliar with the term "discovery", it is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties and can compel the production of evidence through discovery devices, such as requests for production of documents, and depositions.
Trial is currently set in February for the victims' case against Park West Gallery in Michigan state court. However, Park West Gallery recently filed a motion to adjourn or delay the trial until May of 2010 - just more evidence of its desperation. They know that if this case proceeds to trial in February as currently scheduled, they will likely lose big. The Park West Gallery strategy is transparent. They are waiting for the Federal boxing match with Fine Art Registry. They do not want the Plaintiffs' case in state court to preempt the Federal court case against Fine Art Registry. That’s because if Park West Gallery loses against Fine Art Registry, Park West will no doubt file for bankruptcy, especially in light of all the litigation looming with a potential flood of victims who don’t even know yet that they may be holding near worthless artwork which may have been misrepresented, forged or faked. Park West Gallery realizes that to allow the Plaintiffs' case to precede the Federal case against Fine Art Registry, will mean death for the gallery as we believe the Plaintiffs will be victorious and Park West Gallery will be pounded.
Without a doubt, the legal boxing match between Fine Art Registry and Park West Gallery will be the bellwether case (which will influence art trends and foreshadow future events). The Federal trial will set the stage for Park West Gallery's fate. Fine Art Registry welcomes the challenge for a variety of reasons, not the least of which is that Park West Gallery and its principals will no longer be able to get away with the slimy legal antics they have pulled from the beginning and continue to pull to this day as referenced above. Albert Scaglione and Morry Shapiro will be forced to testify before a jury and they will no longer be able to hide, quiver and shake behind their lawyers' skirts. All will be laid bare. It will be a thing of beauty to finally shed some serious light on the truth and way they do business.
In light of the events that have happened recently, Park West Gallery would be wise to consider the handwriting on the wall and the resulting consequences.
The Park West Gallery Smack Down
Park West Gallery was recently forced to voluntarily dismiss the vicious and baseless counterclaims it filed against Sharon Day and Julian Howard after more than a year of putting the UK couple through tremendous expense on top of what they have already incurred in damages for the purchase of forged Dali artwork (for which they still have not received recompense), mental stress, anguish and worry. Congratulations to Sharon Day and Julian Howard and the law firms of, Kaufman, Payton & Chapa and Raftery, Janeczek and Hoelscher for a job well done. This is a significant and well deserved blow for the beleaguered gallery. (See Press Release: Park West Gallery "Throws in the Towel") Park West Gallery stands to be slammed at trial with massive compensatory damages when Day and Howard present the mountain of evidence concerning the forged Divine Comedy set they purchased from Park West Gallery for nearly a half million dollars and it seems the Michigan court agrees with our analysis. More detail on this below.
It is clear that Park West Gallery and its CEO Albert Scaglione found themselves up against the ropes and had no way out. They couldn't produce a lick of evidence of even a single statement or action by the couple that in any way defamed or slandered Park West Gallery. And what with all the documentary evidence, witnesses, and media attention going against the gallery over the past two and a half years, there wasn't any way that Scaglione, his salesman, Morry Shapiro, or even Park West lawyers could possibly manufacture, conjure, or dream up any evidence to support their lawsuit against the gallery's former customers. All the contrived propaganda in the world forwarded by Park West Gallery and its PR firm Fleishman Hillard couldn't maintain the bogus legal claims they filed against Day and Howard. Park West Gallery and its lawyers have lied and cheated their way through this entire litigation both in the State and Federal case, and there is little doubt that they will continue to try to do so as time marches on.
The victims, Sharon Day and Julian Howard, Albert and Vivian Best, Mike and Maria Vallillo, Debi Austin, Cheryl Crist and Heidi Rice did nothing more than to simply file suit against the gallery after trying in vain to get a refund for misrepresented and fraudulent artwork they bought from the gallery, and have from day one told the unadulterated truth behind their respective purchases from Park West and the rip offs they experienced. It is interesting to note that prior to Sharon Day and Julian Howard being voluntarily dismissed, Park West Gallery also voluntarily dismissed counterclaims against Mike and Maria Vallillo and Cheryl Crist. Again, Park West and its lawyers could not produce any EVIDENCE to support Park West's claims against these victims.
To date, Park West Gallery and its CEO Albert Scaglione are hanging on by their fingernails in an effort to maintain retaliatory counterclaims for defamation and slander against the remaining former customers in the lawsuit against Park West. Park West is still putting Plaintiffs Martha Szostak, Albert Best, and Debi Austin through the ringer. It is a mystery as to why Park West does not voluntarily dismiss the counterclaims against these poor people. Not a single one of them communicated or exhibited publicly anything even remotely defamatory - they simply told the truth.
It was a dim-witted move for Park West Gallery to have filed retaliatory claims and lawsuits against its own customers - if nothing else it was and is PR suicide. They presumably thought by filing counterclaims against Best, Day, Howard, Vallillo, Austin, and Crist, that they would discourage other victims from filing more lawsuits in the future. This kind of strategy sounds like something Bob Goldman would have dreamed up. Goldman should have stuck to what he knows best – prosecuting and defending criminals. Oh, that's right. He represents Park West Gallery. Perhaps, this is why he was hired by Park West to begin with. He might just have more work in the future after all.
Did Park West Gallery ever, even for a single minute consider the blow back from filing legal claims against its own customers? Needless to state, this strategy doesn’t seem to be a winning one - no matter how you look at it. It certainly isn’t working to Park West Gallery's advantage and it never will. This kind of conduct against buyers is just additional evidence of Park West Gallery's continued ill will and bad business practices toward customers who purchased Park West Gallery inventory or product - and that's exactly how Park West Gallery principal Albert Molina refers to the art that Park West Gallery sells, as PRODUCT - which should be considered "commercial" in nature and NOT fine art. This speaks volumes actually. In any event, the more Park West Gallery continues to bludgeon the innocent buyer, the worse the Park West Gallery reputation becomes. They just don't seem to get it.
Park West Gallery Down for the Count
A second fatal and remarkable development for Park West Gallery, Albert Scaglione and Morris Shapiro occurred recently as follows:
A case evaluation by the Michigan State Court was conducted on November 17, 2009. The case evaluation is ordered by the court and it is mandatory. Case evaluation is used by the Michigan court system as a settlement tool. It works like this:
Written summaries of each party's position were submitted to a panel of three lawyers who sit as "judges" for purposes of the court case evaluation.
A written summary was submitted by counsel for the Plaintiffs Best, Day, Howard, Vallillo, Crist and Rice as well as Fine Art Registry and Frank Hunter. Fine Art Registry and world expert in Dali graphics, Frank Hunter were sued by Park West Gallery as third-party defendants - meaning simply that Park West Gallery is trying to blame Fine Art Registry and Frank Hunter for the Plaintiffs filing suit against Park West. Park West Gallery's mentality is to shift the blame anywhere besides where it belongs - at the feet of Park West Gallery.
Also submitting written summaries were the insurance defense lawyers who were advocating on behalf of the Plaintiffs on the nasty and contemptible counterclaims filed against them by Park West Gallery. This means that the Plaintiffs were forced to seek coverage for the defamation claims made against them by Park West Gallery from their respective homeowner's insurance carriers in order to defend them against the bogus claims filed by Park West Gallery. Without their homeowner's insurance coverage, the Plaintiffs would have been forced to cover the legal fees and expenses out of their own pockets. The Plaintiffs' homeowner insurance companies hired some of the best insurance defense lawyers in Michigan to help defend these poor people against Park West Gallery. The unmitigated gall of Park West Gallery to put its own customers through such a horrific ordeal is beyond outrageous.
Legal counsel for Albert Scaglione, Morris Shapiro, and Park West Gallery also filed a written summary citing their respective positions.
After the evaluators reviewed the summaries, the legal panel allowed the respective lawyers that appeared at the case evaluation to argue their respective positions. The panel listened to the argument given by the attorneys for the parties for an hour and 45 minutes, then went to a private room to deliberate. It has been reported to Fine Art Registry by its lawyers that it is very unusual for such a lengthy evaluation by the panel, as they are normally only scheduled for twenty minutes. However, the panel of evaluators recognized that this was a very important and rather large case involving a number of parties and, therefore, spent significant time carefully reviewing the case.
The deliberation resulted in a HUGE victory for the Plaintiffs and for Fine Art Registry and for world expert, Frank Hunter. Park West Gallery was slammed with an award of over $347,000 in damages against the gallery and against Albert Scaglione and Morris Shapiro—who were all found to be jointly and severely liable to the victims. "Joint and Several" is a legal expression used to indicate that two or more parties each are fully liable rather than collectively fully liable. In other words, Scaglione and Shapiro are on the hook individually. This was a significant award and Scaglione and Shapiro should take note.
Further, Park West Gallery was awarded ZERO on its claims against Fine Art Registry and Frank Hunter and ZERO on the sadistic counterclaims Park West Gallery filed against the victims in the case.
Oakland County in Michigan is arguably the most conservative of all the counties in the Detroit metropolitan area. As a result, an award for damages this large is very rarely given. This was a huge win for Park West Gallery victims, for Fine Art Registry, and for world Dali graphic expert, Frank Hunter.
Based on the award by the Michigan Court panel, the consequences of accepting or rejecting the case evaluation award are as follows:
If all parties accept the award, then the case is settled for that amount and judgment is entered against Park West Gallery. If one party accepts the award and the other rejects, then the case proceeds on its usual course. The only consequences are that the rejecting party must do at least 10% better at trial or pay all of the costs of the opposing parties, including all attorney fees from date of rejection of the case evaluation award until and including trial which would total a significant amount of money.
As it currently stands, the decisions of acceptance or rejection of the award by the various parties are due to be filed with the court by December 15, 2009. Fine Art Registry will report in a subsequent litigation update as to the outcome of this in the near future. It remains to be seen whether Park West Gallery, Albert Scaglione and Morris Shapiro will accept the award as issued by the panel. If they are smart, they will agree to accept the case evaluation or risk paying everyone's attorneys fees and costs in addition to a much increased damage award at trial.
Retaliation and Intimidation a Sport for Park West Gallery
Retaliation and intimidation is the game Park West Gallery has played for at least the last decade against anyone who dares speak out against their bad business practices. Park West Gallery has been successful at intimidation and retaliatory tactics prior to the existence of Fine Art Registry and not just against its own customers, but artists too—just ask artist Gary Benfield. The allegations Mr. Benfield makes against Park West Gallery in his lawsuit (since settled, no doubt after Park West Gallery realized that Fine Art Registry was in touch with representatives of the artist) are shocking, but instructive and illustrative as to just what evil lengths Park West Gallery will go to quench its lust for greed and power.
It is important to note that the Benfield lawsuit filed on August 18, 2005, was first discovered by Fine Art Registry in April 2007, while Fine Art Registry was in Long Island, New York, investigating the Jackson Pollock fingerprint story, and well before we published our very first article on cruise ship art auctions and well in advance of our first mention of Park West Gallery in our published investigative reports. Fine Art Registry had exhaustively researched Park West Gallery and its business practices PRIOR to publishing any of our investigative reports, including contact with other lawyers around the country who were litigating the cruise ship art auction rip off issue, in addition to law enforcement, congressmen, and other witnesses and victims of cruise ship art auctions in general. It became clear immediately that Fine Art Registry was dealing with a very serious public policy issue that needed to be addressed, not just to raise public awareness for consumers or potential art buyers on cruise ships, but also to raise public awareness for artists who supply cruise ship art vendors like Park West Gallery.
Gary Benfield is only one of the artists that we know of that has been abused by Park West Gallery. The others we cannot report on for fear of retribution by Albert Scaglione and Park West Gallery. We know much more in fact about Gary Benfield's situation than we can report here. But it is enough to state that Fine Art Registry is absolutely confident that Park West Gallery and/or its affiliates hijacked Gary Benfield's copyright to his work, sold unauthorized prints of his work and FORGED his signature to countless numbers of pieces which Park West marketed and sold on many, many cruise ships including Royal Caribbean, Holland America, Celebrity and Carnival. Gary Benfield was forced through four years of brutal litigation by Park West Gallery. Below are just a few quotes from the lawsuit Gary Benfield was forced to file against Park West Gallery, Park West at Sea, Keaton, Inc. (also controlled by Albert Scaglione).
The Benfield complaint is worth the read and it should be a warning to any artist to ensure their work and art images are thoroughly protected through any and all means possible before entering into contracts with art dealers, publishers or printers. Quoted below are a few excerpts from Gary Benfield's lawsuit against Park West Gallery. It's no wonder that Park West Gallery settled with Mr. Benfield. They didn't want Fine Art Registry reporting at length about how they were abusing the artist. Thankfully, since the Gary Benfield lawsuit is a public record, we can give you a good idea of what Park West Gallery was facing. Believe us when we say, Park West Gallery would just as soon bury this forever.
Quotes from the Gary Benfield Complaint Against Park West Gallery and Park West at Sea
"Gary Benfield is a very successful artist living and working in England. In 1999 he entered into an Agreement with British company, London Contemporary Art ("LCA"). The Agreement between Benfield and LCA was subsequently assigned to UK Acquisition Company, a company wholly owned by Park West Galleries, Inc. In essence LCA was to produce and distribute authorized limited edition copies of Benfield's original works, which were sold mostly through auctions conducted on board cruise ships. Over the years, the volume of sales of Benfield's works ranged into the tens of millions of dollars. Recently, Benfield has discovered that LCA, UK and Park West, its successors in interest, have been producing, and with the participation of the cruise lines, have been selling unauthorized forgeries of his artwork. Through the sale of these forgeries not only are these sellers defrauding and taking advantage of Benfield and unsuspecting and trusting cruise line customers, but they are also making illegal profits, violating the copyrights owned by Benfield, and have caused and continue to cause substantial damage to Benfield by disparaging his good name and reputation. In order to stop these illegal actions Benfield now files this Complaint against all responsible entities." [Emphasis added by Editor]
As is evident by the introductory quote in the complaint, Park West Gallery will stop at nothing to steal from and cheat not only artists but cruise ship customers too, all the while earning illegal profits as alleged. Fine Art Registry has been reporting on Park West Galleries bad business practices as it relates to cruise ship art buyers for more than two and half years now. We have also reported on abuses by Park West Gallery against its own employees and art auctioneers—and there have been many, many other stories we have be unable to report because individuals fear the big bad Albert Scaglione and what he might do to them. It's now time to highlight how Park West Gallery treats its artists and this is one of the most egregious cases of artist abuse we have ever seen. Fine Art Registry advocates for artists and collectors and we will not tolerate this type of abuse. We will do all we can to protect artists' rights against such exploitation as this. The Gary Benfield complaint has been introduced as evidence in the current litigation and will be put before a jury as further proof of Park West Gallery's historically bad business practices dating back years and well before Fine Art Registry ever started reporting.
"...Benfield produced various original paintings. These were then submitted to LCA. LCA was to produce a specific amount of limited editions, artists [sic] proofs, both printed on canvas, and limited edition serigraphs which were printed on linen. Initially the editions were to be for 750 pieces each, but his was later increased to 1,200 pieces. Due to inherent imperfections with the printing process, approximately 400 to 600 extra copies were printed, until the selection process was completed for the entire run, and then the waste was to be destroyed."
"In fact, however, LCA did not destroy the plates, stencils, and silk screens used to print limited editions. Instead, LCA secretly overprinted or failed to dispose of the waste, and sold these prints without the knowledge of Benfield. Moreover, because Benfield was aware of the number of prints, artists [sic] editions and linen seriographs for any given, LCA could not have him sign any extra prints. Therefore employees and officers of LCA forged Benfield's signature on limited editions and artists proofs and sold these as 'originals.'
"...Park West and its affiliated and subsidiaries, forged Benfield's signature on hundreds of copies of AT LEAST the following editions: 'L'amour', 'Sienna Nights', 'Equinox', 'Confidences I', 'Appassionata I', 'Lovers', 'Desire', and 'Miranda'. Indeed at least 250 prints of 'Miranda' were forged as the total edition was limited to 350 prints and LCA sold at least 600 copies. [Emphasis added by Editor]
"UK, Park West, Keaton and all the cruise lines have made tremendous profits from the sale of Benfield art works. In 2004, Benfield published 9 editions, with each edition having at least 1,200 pieces, at an average sale price to the retail customer of $600.00 per piece, for a total gross income of each edition of approximately $720,000.00. If that amount is then multiplied by the number of editions for 2004, it results in a potential gross income of $6,500,000.00, just for Benfield art! In 2003, Benfield produced 21 editions, which equals a potential gross income of $15,000,000.00. In 2002, Benfield produced 17 editions, which equals a potential gross income of $7,650,000.00.
"...Defendants UK, Park West and Keaton have engaged in a course of conduct and have acted in a similar fashion with respect to at least two (2) other artists, forging the artists names on limited edition pieces, which have been sold at cruise art auctions."
"The use of Benfield’s forged signature on limited edition prints without his knowledge and permission constituted infringement of copyright in violations of Title 17 of the United States Code."
Park West Gallery has a habit of infringing others’ very valuable intellectual property. In fact, Park West Gallery is being sued by Fine Art Registry for infringing its trademark and for hijacking its domain "Fine Art Advocacy" which Park West Gallery continues to use in Google Ads to divert traffic away from Fine Art Registry.com and Fine Art Advocacy.org.
Be sure to read the entire Benfield Complaint published here in its entirety.
Tide Has Turned Against Park West Gallery
Thankfully, the tide turned dramatically against the oppressor, Park West Gallery, in April 2007 when Fine Art Registry began reporting generally on the cruise ship art auction industry, sparked by the Gary Holloway story published in the 2007 Easter Sunday edition of The Arizona Republic, which then led us to the lawsuit filed by Gary Benfield as set forth above. In The Arizona Republic article, we learned that Park West Gallery had reportedly ripped off an Arizona resident, where Fine Art Registry is based. We felt that something had to be done to raise public awareness of this serious public policy issue. So, in May 2007, Fine Art Registry profiled cruise ship art auctions in general—the two largest art dealers on cruise ships—Park West Gallery and Princess Cruise Lines, who operates its own art auction program. (See Art on the High Seas: Part I.) Immediately after the publication of our first article, complaints started coming in to Fine Art Registry from Park West Gallery buyers, all of the complaints in line with The Arizona Republic, Gary Holloway rip off story. Fine Art Registry interviewed Gary Holloway and learned how he was duped and then followed up with victims Jim and Julie Russell who had a similar experience. It is important to note that to this day, in stark contrast, Fine Art Registry has received only two phone calls from customers of Park West Gallery's competitor, Princess Cruise Lines, and not one of them dealing with misrepresentation or authenticity issues. On the other hand, Fine Art Registry has received over 350 complaints from Park West Gallery buyers over the last two and a half years and complaints and abuses continue to be reported to us. It is also important to note that the number of victims that have come to Fine Art Registry DOES NOT include class action litigants.
In May of 2007 it became increasingly evident to Fine Art Registry after talking with victims that there were serious problems with Park West Gallery art auctions in general, from the way Park West conducted their auctions, the complete lack of sale catalogs, the use of shills, gross misrepresentations, the sheer lack of proper disclosure of terms and conditions, the spurious nature of some of the artwork they were peddling, including Dali, Rembrandts and Destino prints, as well as other serious problems that we have reported on. (Other artwork being sold by the art gallery is currently being investigated and we will report on this in the future). Despite repeated efforts and lengthy letters of inquiry written to Park West Gallery and its lawyers requesting feedback and comment on the veracity of the numerous and serious complaints we were receiving from victims, Fine Art Registry WAS COMPLETELY IGNORED by Park West Gallery for nearly a year until March of 2008, after an investigative report by Inside Edition aired (February 2008) and just before award-winning Investigative Reporter, Mike Holfeld of WKMG Channel 6 in Orlando, Florida aired his investigative report.
Why didn't Park West Gallery respond to our initial inquiries? (Listen to the Park West Gallery Representative - Audio File.) We can only assume that Park West Gallery was so arrogant and sure that they would escape the mounting complaints and claims by threatening lawsuits against victims, or perhaps it was because they didn’t take Fine Art Registry seriously and under estimated our resolve to raise public awareness about what Park West Gallery seemed to be ignoring—the very serious and valid claims being reported to Fine Art Registry about Park West Gallery art auctions, its auctioneers and the inventory it was selling.
At first, Park West Gallery thought they could escape refunds and liability by having its Florida lawyer, Robert Burlington (who still represents Park West Gallery in the current nationwide class action litigation) send threatening letters and emails to victims that had contacted Fine Art Registry. Burlington also phoned victims and Fine Art Registry members to try to intimidate them.
Park West Gallery ignored Fine Art Registry completely and thought they could also simply intimidate and threaten Fine Art Registry with SLAPP lawsuits which they eventually filed in Michigan and Florida in early 2008. Fine Art Registry prevailed against Park West Gallery in Florida. The Florida case was dismissed by a savvy Judge who saw exactly what Park West Gallery was trying to do.
What Park West Gallery doesn't know is how we came to discover that Park West Gallery had filed a SLAPP lawsuit against Fine Art Registry. We were first put on notice that a lawsuit had been filed by Park West Gallery through investigative reporter, Mike Holfeld, WKMG Channel 6. We believe that Park West Gallery learned that Fine Art Registry was in touch with law enforcement and Congressman Ric Keller's office in Florida and immediately retaliated by emailing Mr. Holfeld with a copy of the lawsuit filed specifically in an attempt to kill the WKMG investigative report.
Interestingly, Fine Art Registry was not formally served with the subject lawsuit until well AFTER the WKMG investigative report aired. This was another clear indication to Fine Art Registry that Park West Gallery was using the filing of the lawsuit to put the pressure on WKMG to suppress the story as well as to discourage and deter law enforcement from looking in the direction of Park West. But their filing of the SLAPP lawsuit against Fine Art Registry backfired on Park West and only served to fuel the fire that rages on today.
After Fine Art Registry was finally served with the lawsuit on April 15, 2008, Park West Gallery would not let WKMG go unpunished for airing the investigative report. Park West wasted no time in retaliating against WKMG and filed an action against the station in attempt to get their hands on all the reporter’s raw work product, including email and video footage of interviews with the Fine Art Registry CEO. It became clear that Park West Gallery was out for blood. Park West Gallery filed an action against WKMG in Florida and when Park West Gallery failed in its attempt there, they filed another action against WKMG in Michigan Federal Court. Ultimately, Park West Gallery failed in this desperate attempt. A win for WKMG and for First Amendment rights! For more information on this appalling harassment against WKMG by Park West Gallery, see Florida and Michigan federal court filings. It has been reported to Fine Art Registry that Park West Gallery similarly threatened the New York Times and the Independent in the UK. Is anyone or anything immune to the Park West Gallery monster?
When Scaglione determined that the lawsuit filed against Fine Art Registry wasn't going to be enough to kill the WKMG story he took it a step further. In an effort to persuade Mr. Holfeld and his station manager not to air the report, Scaglione hired or persuaded Eli Zaret (a noted sportscaster) to email Mike Holfeld in an attempt to malign Fine Art Registry and to try to convince Mr. Holfeld not to air the investigative report. It soon became clearly evident to Fine Art Registry and WKMG that Park West Gallery and its principals were doing every underhanded thing in the book to try to kill the investigative report that WKMG was about ready to air. Notwithstanding, much to the credit of Mike Holfeld and the WKMG station manager, Mr. Maldonado, the story aired in spite of the threats of reprisals and retaliatory tactics by Albert Scaglione and Park West Gallery (which Park West later delivered on as mentioned above). It is important to point out that Eli Zaret later changed his tune concerning the integrity of Albert Scaglione and Park West Gallery, admitting to Mr. Holfeld that he [Zaret] was wrong and Holfeld was right in airing the story after all.
Fine Art Registry was SLAPPed with a lawsuit by Park West Gallery as the direct result of Fine Art Registry reporting Park West Gallery's bad business practices to Florida Congressman Ric Keller, law enforcement agencies and media outlets. It is Fine Art Registry's contention to this day that Park West Gallery filed the lawsuit against Fine Art Registry as punishment for reporting their bad business practices to law enforcement and in order to kill the WKMG investigative report after having been slammed by the Inside Edition report. Park West Gallery was so cock fire sure that Fine Art Registry would run with its tail between its legs when threatened with litigation. They were used to breaking legs using litigation. But it wasn’t going to fly this time. Albert Scaglione and Park West sorely underestimated the tenacity and steadfastness of Fine Art Registry and its principals. Fine Art Registry would not be silenced. The truth would be told and we promised to do so no matter what threats came from Park West Gallery and we continue to do so to this day. (See the Strategic Litigation Against Public Participation (SLAPP) article.)
Park West Gallery the Thugocracy
Park West Gallery has and continues to terrorize and threaten anyone and everyone that even contemplates reporting their deceptive and unfair trade practices to anyone including law enforcement authorities. Park West Gallery is not so much an art gallery as it is a THUGOCRACY, by the thugs for the thugs.
Bob Goldman, Park West's legal heavy, referred to Bob Wittman as "Agent Wittman" even though Wittman has no badge, no gun and no FBI credentials. Wittman tried to clean it up off the record. It is important to note and as mentioned above that the two, Goldman and Wittman, are attached at the hip - though it's sort of a comical Andy Griffith-Barney Fife type relationship - Wittman serving as Goldman's gopher at depositions - a very expensive gopher. (See the Dancing Bear article.)
The fact that Wittman is being held out and described by Goldman as an FBI agent is a violation of the law. We know that Wittman has been warned about holding himself out as a law enforcement agent when he is not. Fine Art Registry reported months ago on the intimidation tactics of Bob Wittman and Bob Goldman in this regard - who threatened Fine Art Registry freelance writers, Fine Art Registry experts and other witnesses in a desperate attempt to turn the rising tide of criticism against their client, who pays them handsomely for their involvement. Though Fine Art Registry still isn't quite sure what benefit Goldman and Wittman provide to Park West Gallery, except that Park West and its PR firm use their EX G-men status to try to enthrall or dazzle the media and prevent, through intimidation, would-be victims from pursuing claims. It's all about PR propaganda for Park West. We guess that they figured being able to tout Goldman as a "former Asst. U.S. Attorney" would intimidate people and perhaps dissuade some of the complaints and requests for refunds. It hasn't worked well so far. Goldman, the Dancing Bear, keeps on dancing for Park West Gallery. And why not? He's planning his retirement on the backs of scores of Park West Gallery victims that are left holding the bag. His buddy Wittman who has been identified by Park West Gallery as an "expert witness" despite the fact no one can quite figure out what he is an "expert" in, is cashing in big time too!
If Scaglione is paying Goldman to intimidate Park West Gallery customers, he gets an "E" for effort. Fine Art Registry just received yet another recent letter written by Goldman to a victim of Park West Gallery - a victim that has never even read the Fine Art Registry web site, yet in the letter Goldman bloviates (typos and all) for two pages, going on and on ad nauseam regarding his "has been employment status" with the government and about the current litigation and the upcoming trial of those that have allegedly defamed Park West Gallery. The letter appears very intimidating to the victim he is addressing and the letter altogether NEGLECTS to address the important and very real concerns of the individual making the claim, except to direct the victim back to Park West Gallery where he knows full well a refund will not be forthcoming. Goldman's intimidating letters are not meant to seriously address the victim's claim, but rather to divert responsibility to others and to discourage lawsuits against the Gallery. For this he is being paid a handsome sum. How does Goldman sleep at night?
Goldman's arrogance only matches that of his employer, Albert Scaglione.
Recent Depositions Conducted
In the first week of November, the depositions of Park West Gallery's so called experts, Daniel David and Eduard Fornes were taken in France and Spain, respectively. These depositions were taken as "trial depositions" by Park West Gallery, meaning that the testimony these witnesses delivered would be used at trial so the witnesses would not have to personally appear at the trial itself. For those that don't know, depositions are legal proceedings whereby a pretrial interrogation (questioning) of a witness is performed under oath. The proceeding is usually done in a lawyer's office. A court reporter takes down the sworn testimony of the witness.
Interestingly Daniel David and Eduard Fornes had their own personal attorneys present. Hmmm? Could it be they too fear the big, bad Park West Gallery dogging them or perhaps it is the fear of criminal implications? After all, Daniel David and Eduard Fornes are far from being independent, impartial experts. Both of these shadowy characters have extensive past and present business dealings with Park West Gallery. Daniel David has sold a large amount of Salvador Dali print inventory to Park West Gallery over the years that have been sold on cruise ships to unsuspecting customers. In fact, the Dali Divine Comedy set bearing forged Dali signatures that Sharon Day and Julian Howard purchased from Park West Gallery sourced at least at some point from Daniel David or so he says.
It is interesting to note that Daniel David wrote to Fine Art Registry in an email exchange (prior to him being identified as a Park West Gallery expert) that he or his company (Lignes & Formes dba Les Hueres Claires, not to be confused with the Les Heures Claires company that actually produced the 1960s edition of The Divine Comedy) repurchased the Day and Howard set from a former Les Heures Claires customer. But Park West Gallery provenance provided to Day and Howard does not reconcile with the statement made by Daniel David made to Fine Art Registry before he was retained as one of the Park West Gallery's experts. In fact, Park West Gallery provenance documentation as supplied to Day and Howard completely contradicts his statement. The Park West Gallery provenance states that the Day and Howard Divine Comedy set sourced from somewhere altogether different. Which is it Park West? Where did the Day and Howard set source from? Does anyone really know? Park West Gallery's Dancing Bear (Goldman) certainly should know as he has authored plenty of threatening and intimidating letters to a number of Park West Gallery victims taking full responsibility for knowing all about the infamous Park West Gallery so-called "impeccable" provenance. More on what Goldman says he knows or doesn't know later in this litigation update. We believe that Albert Scaglione will be shocked at what his prized little Goldman knows that he doesn't.
The Park West Gallery expert witness, Eduard Fornes is a newcomer. It was reported to Fine Art Registry well in advance of Park West Gallery ever hiring Fornes that he [Fornes] was approached by Park West Gallery with a lucrative book deal if he would agree to authenticate the Park West Gallery Dali print inventory (it must be Park West no longer had any faith in Bernard Ewell). And that is exactly what happened. Our source was correct. Fornes was later identified as a Park West Gallery expert and Park West had indeed entered into a sweet book deal with Eduard Fornes. Additionally, Fornes was paid plenty of cold hard cash for his review of the Park West Gallery inventory of Dali prints. Park West contracted Fornes to write a book based on the Park West Gallery Dali print inventory and Park West Gallery is to publish the book with cooperation and assistance by none other than Daniel David and the Albarettos. What Park West Gallery doesn't know is that Fine Art Registry knew all about this plan well in advance of it actually being consummated. Oh, what a neat and tidy little package: Park West Gallery, Albert Scaglione, Daniel David, Eduard Fornes and the Albarettos, all in bed together conspiring to legitimize the scores of Dali prints bearing questionable and forged signatures by merely publishing a book on the subject. Are you kidding? Do Park West and its lawyers actually believe that American consumers are going to buy into this load of garbage? Remember Park West. Here in the U.S., we are living in the age of runaway corporate greed and corruption, bank bailouts, and Bernie Madoff. Maybe the Albarettos, Daniel David, and Eduard Fornes can get away with this kind of horse manure in Europe, but here in the U.S., it won't be easily tolerated much less swallowed—not by a long shot. Fine Art Registry will make certain that the truth about all of this comes out at trial.
The Eduard Fornes deposition was scheduled for two days. Interestingly, after the conclusion of the first day of the Fornes deposition, when completely off the record, this writer and one of the Plaintiffs who were attending the depositions via the telephone, witnessed one of the Park West Gallery lawyers (who shall remain nameless for now) telling the witness, Eduard Fornes, to arrive early the next day so the lawyer for Park West could present him with the written questions the Park West lawyer intended to ask him along with the answers the Park West lawyer expected him to testify to. To say this was unethical conduct is an understatement. The fact that the Park West Gallery lawyer found it necessary to write out the questions AND answers for Eduard Fornes, a hired Park West Gallery expert, is simply off the beam. Park West Gallery may as well have hired a trained monkey as an expert. If a lawyer acting as an advocate for his or her client is compelled to coach an expert witness and tell him or her how and what to testify to, then it is indeed time to call it a day. This kind of conduct is simply unconscionable. But again, this is just business as usual for Park West. Cheat, lie and then manipulate testimony. It was fortuitous that this writer and one of the Plaintiffs suing Park West were on the phone at the time. Otherwise, no one would have been the wiser.
Albert Scaglione's deposition was taken on Friday the 13th of November by defense counsel for Sharon Day and Julian Howard. Suffice it to state that denial and heads in the sand won't get it with a jury.
The depositions of world Salvador Dali experts, Nicolas Descharnes and Frank Hunter were taken by Park West Gallery's lawyer Bob Goldman in New York City on November 16 and 17. Goldman also took the deposition of Fine Art Registry CEO, Theresa Franks on November 18. It's enough to state that Bob Goldman made an embarrassing (for Park West) spectacle of himself which is further set forth in detail below. He certainly demonstrated that he is a dyed in the wool misogynist (a sexist) to the extreme and a misanthrope.
Sharon Day and Julian Howard's depositions followed in London on November 23 and 24.
Park West Gallery and Scaglione Dishonest About Their Ties to Plymouth Auctioneering
On November 11, 2009, just prior to Albert Scaglione's deposition, Fine Art Registry performed additional research on Plymouth Auctioneering who is the entity based offshore in the Turks & Caicos that is responsible for hiring the auctioneers that are eventually trained by Park West Gallery at the Michigan gallery and end up on cruise ships to peddle the Park West artwork. Plymouth Auctioneering has remained a mystery for quite some time and throughout this litigation. From the beginning of our investigation, it has been reported to us that Plymouth Auctioneering works exclusively for Park West Gallery in its recruiting activities. All of the auctioneers Fine Art Registry has interviewed claim that they are hired and paid by Plymouth Auctioneering yet, incredibly, not a single one of them has ever met or spoken to any representatives or principles of Plymouth Auctioneering. Further, Park West Gallery and its principals have denied that they own or are involved in any way with Plymouth Auctioneering.
In a recent article in Crain's Business News, the following quote was made by Park West Gallery CEO, Albert Scaglione:
"A 15 percent premium above the auction hammer price goes to Plymouth Auctioneering Ltd., which is based in the Turks and Caicos Islands, and has trained and employed Park West's shipboard auctioneers as independent contractors for about 13 years."
The article goes on to state:
"The lawsuits contend that the cruise auctioneers are 'either employed directly or indirectly by Park West, or Scaglione, or are under Park West's control.'
Vice President Chris Tennyson of New York-based Fleishman Hillard Inc., and a spokesman for Park West, said that Plymouth is 'a consortium of individuals from Scotland and England' who are versed in human resources and auctioneer compensation. Park West contracted with the company because it needed a company more versed in hiring a multinational workforce for auctions.
Neither Scaglione, his family members nor Park West management own an interest in the company, he said."
Note that Tennyson's comment is nothing but weasel words and gobbledygook, cock and bull with no specific names or identities of individuals disclosed - all so cloak and dagger - smoke and mirrors. The quotes by Albert Scaglione and its PR spin doctor Fleishman Hillard beg some very serious questions. How is it that Fleishman Hillard knows more about the entity and its principals of Plymouth Auctioneering, than Albert Scaglione does? Someone isn't telling the truth here. Mr. Tennyson of Fleishman Hillard seems to be the ONLY one who knows who the principals of Plymouth Auctioneering really are. How can this be? Why wasn't this disclosed to Fine Art Registry and Plaintiffs in the respective litigation? It's interesting that this comes out after discovery is closed and after Albert Scaglione's depositions have been concluded. It will be important for the nationwide class action lawyers and lawyers for plaintiffs named in lawsuits that are filed against the gallery in the future to subpoena Fleishman Hillard and depose Mr. Tennyson to learn the truth behind the so called "consortium of individuals from Scotland and England" who should also be held responsible for the rips offs by their "employees" or "contracted" auctioneers, whatever the case may be.
The truth is Fine Art Registry believes beyond a doubt that Albert Scaglione and/or Park West Gallery do have a keen interest in Plymouth Auctioneering.
On November 11, 2009, just two days BEFORE Albert Scaglione's deposition, Fine Art Registry found the following WHOIS record for the domain name www.plymouthauctioneering.com. NOTE THE IDENTITY OF THE REGISTRANT AND THE REGISTRANT'S ADDRESS. Fortunately, Fine Art Registry retained screen shots of the record BEFORE it was changed by Park West Gallery in an attempt to conceal and bury the truth about the ties between Plymouth Auctioneering and Park West Gallery and Albert Scaglione.
Screen shot of Whois record for the domain name: plymouthauctioneering.com
And another record Fine Art Registry captured BEFORE Park West Gallery had the record changed:
Fournier, Raquel webmaster@parkwestgallery.com was listed as the technical contact. Again, the registrant was Park West Gallery at the Park West Gallery address in Southfield, Michigan.
Another screen shot of Whois record for the domain: plymouthauctioneering.com
The WHOIS record was changed immediately after Albert Scaglione's deposition on November 13, 2009. The registrant was changed from Park West Gallery at the Southfield, Michigan address to Plymouth Auctioneering Service LTD with an address of P.O. Box 64 Marketplace Providenciales, BWI Turks and Caicos Islands. Interestingly, the technical contact was also changed to: Miller, Sue plymouth@plymouthauctioneering.com who references the Southfield, Michigan address.
The Plymouth Auctioneering web site was no doubt built by Park West Gallery technical contact and webmaster Raquel Fornier (who after our discovery of the WHOIS record may no longer work for Park West Gallery), and the domain name was purchased by Park West Gallery.
So the allegations contained in the lawsuits against Park West Gallery stand! The litigants contend that the cruise auctioneers are "either employed directly or indirectly by Park West, or Scaglione, or are under Park West's control." Fine Art Registry is more convinced now than ever that Plymouth Auctioneering is just another alter ego of Albert Scaglione in which he has an interest or ownership along with Park West Gallery and its affiliated companies such as Keaton, Inc. or Vista, Inc. It has also been reported to Fine Art Registry by a very reliable source that Albert Scaglione owns "numerous villas" in the Turks & Caicos Islands and that he and his wife Mitsie and his son Marc Scaglione were recently there vacationing in early October of this year. Hmmm?
Speaking the Truth or Bob Goldman's Freudian Slip or Both?
Now for the most shocking development in this litigation update.
At a break during one of the expert depositions in New York City recently when completely off the record, Park West Gallery's "most feared prosecutor in the world", Bob Goldman, in front of numerous witnesses referred to the Park West Gallery artwork it "sells" as "SHIT"! That's right. As vulgar as it is, you read it correctly. Goldman referred to Park West Gallery artwork as "shit." When Goldman realized the seriousness of what he said and further was confronted with the fact that he was off the record, meaning that his statement did not fall under the court's protective order, and that at least a half dozen witnesses were present that heard the statement loud and clear, including Fine Art Registry representatives, and Bob Wittman (Goldman's buddy, who the comment was directed to), as well as legal counsel for Fine Art Registry and Plaintiffs present as well as other lay people, he immediately tried to backtrack and clean up the "shit" comment by saying that the word "shit" in Philadelphia (where Goldman is from) meant "good stuff and good things". Really, Bob? Fine Art Registry could find no references that in any way support this. Rather, Wikipedia defines the offensive word as follows:
Usually considered a vulgarity and profanity in Modern English. As a noun it refers to fecal matter (excrement) and as a verb it means to defecate or defecate in. As a slang term, it has many meanings, including: nonsense, foolishness, something of little value or quality, trivial and usually boastful or inaccurate talk, or a contemptible person.
Perhaps Goldman meant to say that Park West Gallery art is exactly that "something of little value or quality" as defined above. We are happy to know that Goldman agrees with Fine Art Registry that the Park West Gallery artwork sold to hundreds of victims is indeed something of little value and quality. No matter how you look at it, Goldman screwed up and as far as Fine Art Registry is concerned, it couldn't have happened to a nicer guy, considering Goldman has been downright cruel and most disrespectful to witnesses and victims, exhibiting irascible and unconscionable behavior at depositions when dealing with Fine Art Registry CEO Theresa Franks, eminent experts William Flynn, Frank Hunter, Nicolas Descharnes and other professionals. This time Goldman completely lost it and went off the deep end.
It's a shame that Albert Scaglione wasn't present to hear this amazing revelation from the mouth of his own hot shot lawyer. Loose lips certainly do sink ships! Fine Art Registry is almost certain that Bob Goldman did not report this incident to Albert Scaglione, no doubt hoping beyond hope that it would never be shared publicly. The fact that Goldman made this crude comment at all is shocking (Freudian slip or not), much less in front of Fine Art Registry representatives as well as others who were present. It was and is indeed an embarrassing but well deserved moment for Park West Gallery and given the vast amounts of money Park West Gallery has paid to Goldman to defend its artwork, it is unimaginable that a lawyer in such a position would lose complete control of his mouth so much so as to communicate loud and clear such an offensive remark about his own client's artwork which he claims to be defending in these cases. It was an extraordinary, remarkable and jaw dropping moment in this litigation and for a split second time stood still while all who witnessed it watched in amazement as Goldman stammered and stuttered to try to reverse the bomb that he had delivered and detonated. Alas, there was nothing he could do - the damage was done. Fine Art Registry has been reporting for some time now on the lack of professionalism of Bob Goldman and his unethical behavior since he became involved in this case. His bravado and arrogance got the best of him this time.
So it would seem if Park West Gallery has a claim for defamation against anyone, it's their own lawyer. Even Fine Art Registry has not been so bold as to make such a vulgar reference to Park West Gallery artwork, though we are happy that Goldman has communicated publicly his true feelings about the Park West Gallery art inventory. We expect that Park West Gallery will now be suing Bob Goldman.
Goldman's childish performance at the three depositions in New York City is indeed worth noting. If the revelatory vulgarity about Park West Gallery's artwork wasn't enough, on the last day of depositions, Goldman threw a tantrum, after terminating the deposition of Fine Art Registry CEO Theresa Franks and in a huff and bluster stormed out of the room REFUSING to shake the hand of the Fine Art Registry attorney. Goldman completely lost his temper and control over the situation. Never has this writer witnessed such a display of unprofessional and amateurish behavior from a lawyer. It is certain Goldman didn't like the testimony. Nothing was going his way. And we are sure that with his gigantic ego he will be the first to tell you that things always go his way. He hasn't had a very easy time of it since he was hired by Park West Gallery who declares Goldman to be the most "feared prosecutor" in the world. Maybe the "shortest" prosecutor in the world, but not the most "feared". After this performance one wonders perhaps if he is the prosecutor most feared by his own client!
Conclusion
This litigation becomes more interesting and exciting as time moves along. Since discovery is at an end, we will now have more time to report on other truths about Park West Gallery that have not seen the light of day. Stay tuned. There is much, much more to come. We have recently heard from several ex-Park West Gallery personnel who are eager to share their stories.
Just in, blockbuster breaking news that will be announced soon in a Fine Art Registry press release and will be fully reported in Litigation Update No. 6.
— by Fine Art Registry®
| December 15, 2009
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