02/16/2006

Art heist probe may take twist

BY STACY BROWN

 

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


©The Times-Tribune 2006