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The owner of a painting stolen from the Everhart Museum in November
could face criminal charges if police confirm the work is a fake and the owner
signed documents saying it was authentic.
Arthur Byron Phillips,
the paintingÕs owner, could also face fraud charges if he made any
insurance claims for payment, said Scranton Police Capt. Al Leoncini.
Capt. Leoncini was reacting to a report in WednesdayÕs editions of The
Times-Tribune that a major art appraiser found no evidence that the piece
stolen from the Everhart was actually the work of the late Jackson Pollock.
That news, he said, Òchanges the dynamics of the investigation.Ó
ÒIf the painting is a fake,Ó Capt. Leoncini said, Òthere are a number of
things we may have to look at, including whether (Mr. Phillips) knew it was
a fake and passed it off as an original and made a claim on it, or whether
he signed any legal documents suggesting that it was authentic.Ó
Mr. Phillips has said that he would not make any insurance claims for the
painting. Experts have said the piece, if real, would be comparable to a
similar Pollock painting that sold for $11.6 million at a 2004 auction in
New York City.
Brian J. Murray, owner of Murray Insurance, this week called the painting a
fake and said the owner may have created it himself and passed it off as an
original Pollock.
Mr. Phillips maintains the painting is authentic. He called Mr. MurrayÕs
comments Òa tissue of lies.Ó
According to Capt. Leoncini, calls placed to Mr. Murray on Wednesday were
not immediately returned. Mr. Murray also could not be reached for comment
by the Times-Tribune. A secretary said Mr. Murray was in meetings all day.
Capt. Leoncini said detectives want to speak with Mr. Murray and will visit
his office today, if they donÕt receive a return call.
If caught, whoever stole the paintings would still face felony charges of
burglary and trespassing, but Capt. Leoncini said the theft charge could be
reduced if it is found the painting had little or no value.
Thieves broke into the museum in November and stole the purported Pollock
painting and a 1984 Andy Warhol work, ÒLe Grande Passion.Ó On Tuesday, Mr.
Murray said his insurance company planned to send a $100,000 check to the
Everhart for the Warhol painting.
Everhart Board president Jill H. Miller also did not return phone messages
left Wednesday. She also did not return messages left Tuesday.
The New York-based art appraisal firm of OÕToole-Ewald Art Associates
submitted a report to Murray Insurance on Feb. 2 saying it could find no
evidence that the painting was an authentic Pollock.
On Tuesday, damage/loss specialist Elin Lake Ewald declined to describe the
appraisal process. She did say that documentation is important, and Òthere
were very few (documents) on this one.Ó
Other appraisers around the country Wednesday praised OÕToole-Ewald as one
of the best firms in the business and said their word should not be taken
lightly.
ÒThey are a very prestigious and top firm,Ó said Michelle J. Angerman, whose Los
Angeles-based firm is a member of the American Society of Appraisers.
Ms. Angerman
said appraisals usually consist of an appraiser going through archives and
photos of the painting.
ÒIf there is a book about the artist, IÕd use that, and IÕd also speak to
someone we know was closely connected to the artist,Ó Ms. Angerman said.
ÒIf it is not catalogued, I wonÕt appraise it.Ó
Mr. PhillipsÕ Pollock painting was not catalogued, experts said.
Daphne Rosenzweig, an Arizona-based appraiser who is also a member of the
American Society of Appraisers, said the Everhart should have some
documentation to help determine the paintingÕs authenticity.
ÒAny museum would want the best documentation,Ó Ms. Rosenzweig said. ÒThe
person who donated or lent the painting to the museum should certainly have
reports or some history about the piece. ThatÕs what IÕd look at when
trying to appraise a piece.Ó
Still another appraiser said it is hard to argue with OÕToole-EwaldÕs
findings.
ÒThat firm knows what it is doing,Ó said Abner Luongo, an appraiser in
Milwaukee, Wisc. ÒWhat would concern me about this situation is the lack of
provenance (documentation).Ó
Contact the writer: sbrown@timesshamrock.com
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