From: Brian Falk
Sent: Thursday, January 27, 2005 9:25 AM
To: jpuzsar@parkwestgallery.com
Subject: Lost Dali pieces

Dear Jennifer

I'm writing on behalf of my wife, Malene Hansen, concerning the matter of the lost Dali lithograph, Filius Prodigus. I want you to know that I am happy that you are doing something about this. However, this has now become a matter between Park West and me, so please don't take this e-mail personally.

As you might know, this has been nothing other than a big mess since we originally bought the mentioned Dali piece on board a Royal Caribbean cruise ship on September 9th last year at a price of $9,442.50 including shipping. After almost 4 months of waiting and numerous calls and mails to your gallery we finally received something early January (by the way, 800- numbers in the US are not free of charge when calling from Denmark).

However we were very sad to see that the piece we received was NOT the piece that we bought for ourselves on our honeymoon as a wedding gift to each other ((for a short moment I was thinking, if you were actually trying to defraud me !!)). I called the gallery to tell about the fault. I do remember that I at some point in an e-mail asked for the gallery to quote me a favourable price for the Ipse erat Elias piece, in order to compensate for the long wait. I never said anything about buying it. Since then I have sent a couple of e-mails but received absolutely no reply.

At that point I had already lost my trust in your company. Today we received the letter from you. I was almost offended by your offer to sell me the Ipse erat Elias piece at the same price as the Filius Prodigus piece claiming it to be: "far higher in value" than the Prodigus. First of all, on the invoice the Ipse erat Elias piece has a value of only $2,500 (as printed on the declaration statement). Second the Ipse erat Elias is NOT numbered and is NOT signed/approved by "g.a." Giuseppe Albaretto. Still you're trying to "sell" me the Ipse erat Elias piece at "far higher value". I must sincerely say, that the thought about Park West Gallery trying to defraud me is no longer just a thought in my head. I really can't find the right words to describe how I feel about the way that all this has been handled, besides that I have no trust left in your company, and I do not want to do business with you at the moment. Most of all I would like to go out and tell a lot of people about this - but then again, I also want to settle this in a proper manner. I therefore want an immediate return of the money I paid for the Filius Prodigus piece including currency loss. On the 9th of September there were 6,0995 Danish Crowns (DKK) for one dollar. Today there's 5,723 DKK for one dollar.

Furthermore I expect the Park West Gallery to heavily compensate us for the loss of our "wedding gift" and inconvenience in this case. When taking the currency loss into calculation I expect to receive not less than $10,063.70 plus whatever Park West Gallery think is appropriate as compensation. I expect to hear from you or someone else very soon.

Finally I would like you to know, that I have had the Ipse erat Elias piece appraised at a Danish auction house "Bruun-Rasmussen Auktioner".

Best regards

Brian Falk

From: Jennifer Y. Puzar <jpuzsar@parkwestgallery.com>
To: Brian Falk
Received: Thursday, January 27, 2005 8:29 PM
Subject: RE: Lost Dali pieces

Dear Brian,

Thank you for expressing your concerns through your email. I am forwarding your thoughts to the proper individuals in our Client Services department to assist from here on out. You can expect to hear from them shortly.

Thank you,

Jennifer Puzsar
Gallery Sales Associate
Park West Gallery

From: Jennifer Tashman <jtashman@parkwestgallery.com>
To: Brian Falk
Subject: Misshipped Dali
Date: Mon, 7 Feb 2005 10:02:43 -0500

Dear Mr. Falk,

I am writing in response your most recent letter, received January 27, 2005, regarding the Dali you purchased aboard the Royal Caribbean Explorer in September.

I have been forwarded the file but unfortunately have been unable to reach you by phone. I understand you are in receipt of the wrong Dali image. The correct image, Filius Prodigus, is framed and ready to ship, and is on hold pending return of the incorrect piece. We would like to make arrangements for return of the incorrect image currently in your possession. Unfortunately, FedEx will not pick-up internationally, and thus, you will need to bring the piece to your local FedEx facility.

Please give FedEx the following return address:

Park West Gallery
29469 Northwestern Highway
Southfield, MI 48034
Account #: 048221742

(This will ensure that Park West is billed with the costs associated with the return).

Additionally, please be sure to provide FedEx with the paperwork corresponding to customs and duties charges.

I apologize for any inconvenience and hope we can quickly resolve this matter to your satisfaction.

Sincerely,

Jennifer Tashman
Client Services

From: Brian Falk
Sent: Thursday, February 24, 2005 4:25 AM
To: jtashman@parkwestgallery.com
Subject: RE: Misshipped Dali

Dear Jennifer

Today I have waited 16 days for your reply on my email dated 7/8 of February 2005.

Best regards

Brian Falk

From: Jennifer Tashman <jtashman@parkwestgallery.com>
To:
Subject: RE: Misshipped Dali Received: Date: 24 Feb 2005 4:01 PM

Dear Mr. Falk,

I apologize for the delay, however, your file was forwarded to one of the gallery directors, who just recently returned from being out of town. He will be in contact with you soon.

Regards,

Jennifer

From: Brian Falk
Sent: Thursday, March 23, 2005 4:00 PM
To: jtashman@parkwestgallery.com
Subject:

Dear Jennifer

Please forward this message to the appropriate gallery director:

I'm sure you know what matter I'm writing about, but let me just sum it up one more time.

On February the 8th I wrote to you to get my money back for a Salvador Dali piece that I purchased on a cruise ship on September 9th, 2004 - a piece that I, by the way, have not received yet.

16 days after my initial mail, I asked what was going on, and was told, that the message had been forwarded to a gallery director. This is now more than 6 weeks ago, and I must say, that I'm extremely disappointed about the way Park West is handling this.

My complaint is that the piece of art that I purchased is not in any way as valuable as you claim it to be.

I'm in possession of a written document from Park West Gallery, in which you claim that the faulty piece I initially received (Salvador Dali: Ipse erat Elias) is even more valuable than the piece I originally bought on the cruise ship (Salvador Dali: Filius Prodigus ($9,400)). Even though on the shipping documents from UPS you state, that the value is only $ 2,500.

I've had the Ipse erat Elias piece appraised at the leading Danish auction house. The piece that I have is not even worth the shipping costs. And since you claim that this piece is even more valuable that my initial buying, I can't see why this is taking so long. According to your "Additional terms and conditions" and more importantly according to the art director who sold me the piece, there's a 60 day money back guarantee, if a purchase does not hold the value stated by, and paid to, Park West.

I still have the faulty piece, and am just waiting for this matter to be solved, so that I can return it.

*** Dear Park West. I'm done being "the understanding customer" and I'm tired of waiting for you to respond. I'm now giving you 14 DAYS UNTIL APRIL THE 6TH. ***

On April the 7th I will take the necessary measures to get my money back including loss caused by changing exchange rates and including a compensation for the time and effort I have put in to this matter in the past 6 months.

Be advised, that I will:

- file a complaint with the FTC - The Federal Trade Commission and the Danish OECD representative in the US.

- report the case to the Danish Customs Office, since you obviously states too low unit values on your shipping documents.

- contact my attorney in order to make the US authorities start up a criminal investigation, as I believe that this is actually a case of fraud, and highly questionable trading methods

- have to inform the Royal Caribbean Cruise Lines about this matter, and

- have to go public, including informing about the case on various internet sites.

I think I have been more than patient in this matter. I haven't told anyone about it yet and I believe I have been very loyal to your company. BUT like I said, you have 14 days to solve this matter. In the meantime I'll just sit tight and wait for your reply. But if you do not solve this, I'm forced to take the above-mentioned steps.

However I still believe that we can solve this in a proper manner, as I really have no wish of harming your company. I did actually buy other pieces of art from Park West, that I appreciate.

As English is not an official language in Denmark, I please ask you to bear with me if my writing is a little poor.

Kind regards,

Brian Falk