Dueling Lawsuits Undermine Robert Motherwell Authenticity Decisions





Two dueling lawsuits have undermined authenticity decisions by the Dedalus Foundation for Robert Motherwell works of art, adding instability to the vast Robert Motherwell market, where desirable unique works on canvas sell for millions.
The lawsuits underscore a tendency by the Dedalus Foundation to frequently flip flop on authenticity decisions concerning purported artworks created by Robert Motherwell, resulting in tension nod market instability to art collectors, galleries and museums.
The two lawsuits filed in the United States District Court in March, 2009 are summarized in these court documents:
The Robert Motherwell Lawsuits raise these issues:
  • Is the Dedalus Foundation providing impartial authenticity decisions concerning purported Robert Motherwell Works of Art?
  • Is the Foundation acting in the best interests of Robert Motherwell?
  • Or as described in the Banach lawsuit, is The Foundation operating in the best interests of certain individual Board Members?
  • Are authenticity decisions made unilaterally or by formal committee?
  • How frequently does the committee meet?
  • Is there a formal authenticity procedure followed for each work of art that is submitted?
According to the New York Times, Joan Banach, cataloguer and curator for Robert Motherwell, was fired by the Dedalus Foundation because she "abused her access to Motherwell’s studio, stealing his work, some of which she sold for her own benefit in a breach of fiduciary duty."
The complaint adds Ms. Banach, was “caught secretly trying to sell undocumented, unrecorded Motherwell works that have no studio inventory numbers and for which Dedalus Foundation has no records.”

Ms. Banach consigned two Motherwell works to Christie’s in July 2008, gifts by Motherwell. According to Banach's lawsuit, Mr. Flam, who did not realize the two Motherwell works had been consigned by Ms. Banach, "told Christie’s the two lots were not authentic."

Mr. Flam subsequently flip flopped on his initial opinion, Ms. Banach’s lawsuit states, and subsequently then assured Christie's the two Motherwell works were actually authentic. Asked why she sold the two Robert Motherwell works, Banach responded by stating “I needed the money.”

In its lawsuit, the Dedalus Foundation acknowledged the incident, but admitted it made Mr. Flam “appear unprofessional and incompetent, inasmuch as Dedalus and its President did not even know of the existence of Motherwell works consigned by one of its own longtime board members.”

This episode underscores the importance of the Banach lawsuit; just how careful has the Dadalus Foundation been regarding authenticity decisions concerning Works of Art created by Robert Motherwell?  

Other recent Dedalus Foundation flip flops concerning Authenticity decisions have made some Dedalus Foundation board members so concerned, the Foundation purchased a $2 million liability policy.

According to the Ms. Banach, in 2007, Mr. Flam made conflicting determinations about "two purported Robert Motherwell’s "Elegy" paintings without committee input."  
Initially, Ms. Banach asserts, "Mr. Flam stated both "Elegy" paintings were authentic but later reversed the decision, declaring the two paintings as forgeries."Asked later by Mr. Flam and Morgan Spangle, the Foundation’s Treasurer, to review the two "Elegy" Paintings, Ms. Banach reversed the opinion, and found each to be "Authentic Art by Robert Motherwell".

In another instance, Ms. Banach said that Robert Motherwell himself had in the 1980's determined that a work on paper that was purported to be his, was actually fake, but that Mr. Flam later said this purported "fake" was now "authentic". 

It is incumbent upon the court to review authenticity procedures and ensure Dadelus Foundation board members have no financial interest in any Robert Motherwell Artwork for sale, including associates who may be family members.

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The Added Value of Andy Warhol Art Authentication Stamp

by  & Robert Grunder

ANdy Warhol Self portrait Joe Simon

Joe Simon-Whelan, owner of a purported Andy Warhol Self Portrait synthetic polymer paint on canvas has asked Judge Laura Swain to allow questions of aging witnesses in his $20 million lawsuit, Simon v. The Andy Warhol Foundation for the Visual Arts Inc., 07-CV-6423, Southern District of New York.

Without an Authentication Opinion from the Andy Warhol Warhol Art Authentication Board, Mr. Simon-Whelan's purported Andy Warhol 1964 Canvas Self Portrait is essentially worthless and not salable.

By contrast, with an affirmative Authentication opinion, the 24 x 20 inch synthetic polymer painting will instantly green light a multi-million dollar sale for Mr. Simon-Whelan.

Mr. Simon-Whelan has owned the purported Andy Warhol Painting since 1989. Simon-Whelan paid $195,000., for the Self Portrait purchased from Michael Hue-Williams, a London based art dealer. Previously the painting had sold at Christie’s New York for $28,600 in November, 1987; the Christie’s catalogue stated that the painting's provenance as Acquired directly from the artist.

In 1989, Mr. Simon-Whelan purchased the well documented painting as a bona-fide "Andy Warhol", and had no reason to think otherwise.

In the 20 year interim, the art market in general and Andy Warhol, specifically, has experienced extraordinary growth with record prices.

In May 2007, Christie's NY sold the Andy Warhol Green Car Crash Painting, for a record price of $71 million, the highest price ever paid at public auction for an Andy Warhol painting.

Simon-Whelan's purported Andy Warhol Self Portrait was initially authenticated by Fred Hughes, the Executor of the Estate of Andy Warhol, consistent with the authentication procedure in effect by the Warhol Estate.

In fact, the painting had not only been inspected by Hughes, but also authenticated. Mr. Hughes, confirmed the initial authentication by the Estate of Andy Warhol by placing his "signature hand written legend" on the canvas overlap, which states "I certify that this is an original painting by Andy Warhol completed by him in 1964.”

The Fred Hughes Authentication was created prior to the creation of the formal Authentication Opinion Procedure administered by the Andy Warhol Art Authentication Board.

It is not uncommon for certain Andy Warhol paintings to have multiple authentication on the verso; including any of the following: Fred Hughes; The Estate of Andy Warhol; The Andy Warhol Foundation For the Visual Arts, NY and the Andy Warhol Art Authentication Board.

Subsequent to the Estate of Andy Warhol Authentication by Fred Hughes, the canvas was later submitted for an Authentication opinion to the Andy Warhol Art Authentication Board, in 2001 and 2003.

Each time the Simon-Whelan Self Portrait was submitted, the painting was also stamped with a “Denied" Legend, indicating the purported Andy Warhol is not, in its opinion, a Work of Art created by Andy Warhol.

As a result of these unfavorable decisions, the market value of the Simon-Whelan canvas is paralyzed. As claimed in his lawsuit, Mr. Simon-Whelan lacks the requisite Authentication confirmation to allow and confirm documentation as an "Andy Warhol Original Work of Art", so that he may transfer title for $2 million.

A positive ruling by Judge Swain would have enormous impact. It would immediately add several million dollars in market value, and give Mr. Simon-Whelan the necessary validation to sell the painting.

The Simon-Whelan Warhol lawsuit demonstrates the necessity of establishing a relationship with a professional art dealer, similar to the process of determining the right lawyer, nanny or real estate broker.


Double Denied (Again)


Jasper Johns Prints: Heckscher Museum ULAE Exhibition

by  & Robert Grunder

Jasper Johns The Seasons Set (Spring, Summer, Fall, Winter) (ULAE 238-241)

Jasper Johns The Seasons Set of 4 Intaglios


An exhibition of 35 limited editions published by Universal Limited Art Editions (ULAE) is currently at the Heckscher Museum through April 5, 2009.

Titled Robert Rauschenberg and His Contemporaries: Recent Prints from Universal Limited Art Editions, the exhibition pays homage to Robert Rauschenberg. Included in the exhibition are prints by Cecily Brown, Helen Frankenthaler, Jasper Johns and Robert Rauschenberg.

Jasper Johns began his Universal Limited Art editions collaboration in 1960. For over 50 years, Jasper Johns has created an extraordinary body of art that incorporates familiar themes such as Flags, Numbers, Savarin Cans, Targets, Seasons.

Jasper Johns has acknowledged his art incorporates "things the mind already knows" like the familiar United States American Flag and the Mona Lisa.

Not only has Jasper Johns created an extraordinary body of paintings, works on paper and sculpture, but the artist's enormous body of over 450 limited print editions demonstrates that Johns' dedication prints is hardly an afterthought.

Jasper Johns is a true legend; a contemporary master artist who improves with age!