From: Brian Falk
Sent: Thursday, September 25, 2008 12:18 PM
To: bsmith@parkwestgallery.com
Subject: RE: From Brian - concerning the Dali pieces

Dear Mr. Smith

We had a long conversation some years ago. I have all of it stored, and what's below is just some of it. I did/do appreciate the time You took to explain me about the Salvador Dali piece that I bought on Explorer of the Seas on September 9th, 2004. You were very kind trying to assure me about the authenticity of the piece I bought. This is the reason why I'm writing directly to you and not some "public" mailbox. What I'm about to mention is a serious matter, and I want to address you directly.

The story is very short:

- we bought the piece, Filius Prodigus by Salvador Dali, in Costa Maya, on Explorer of the Seas on 9/9 2004. Reg.no. 100617.0010

- January 2005 we received a wrong piece, Ipse erat Elias.

- for several months we tried to get the correct piece instead of the wrong one (obviously).

- I was very concerned about the authenticity of the pieces, due to various circumstances. We had a long correspondence, and finally you convinced me, that everything was OK.

- May 2005 we received the correct piece. In our correspondence, among other things you sent me a French written statement signed by Salvador Dali, stating, that the piece was original and signed by Mr. Dali in hand. The authenticity of this was marked by a red stamp "5" on the back of the piece. You also explain this in the below mail. I have no reason to think, that you knew about this, but the very shocking fact is, that my piece does NOT have this stamp. I have thought about checking the stamp for a long time, and today I finally had the time. I'm very sad to learn, that my piece is a fake. The lithograph itself may be by Dali, but there's really no arguments left to claim, that the signature is. I'm truly very sad about this, as the piece was meant to be a wonderful memory of the trip of a lifetime. Furthermore, I just want to add, that at some point I claimed, that the piece I received was not the one, that I bought on the ship. I remembered is as mine was no. II/IX but the one I received was no. IV/IX. However at that time, I didn't want to dig further into that, as my main concern was the authenticity of the lithograph. The registration no. I bought was 100617.0010 as stated on both the appraisal and also on the address sticker on the back of the frame. However the piece that I hold is 100617.0002. This alone should be more than enough to make an annulment of the deal. Dear Bill, I really want to settle this in quiet. I have no interest in sharing this issue with any third parties. My only purpose now, is to get this piece out of my life at it has become a total disaster story. I really hope you're still at Park West Gallery. My suggestion is, that you make the arrangements of a pick-up here at my address, and that the piece is returned to Park West Gallery. Furthermore Park West Gallery gives me a refund of the appraised value: $ 15,250. You might argue, that Park West should only return the payment total, but really refunding the appraised value is the least you could do in this matter. Actually I believe, that this matter is so serious, that you should consider an even larger compensation. My discretion is guaranteed. I just want to add, that the piece was not bought at an auction. It was bought while in port in Costa Maya, Mexico on September 9th 2004. The art director was Mr. Roger Nevard, who I still feel very positive about. I hope he's doing fine. I look forward to a fast solution of this matter.

Kind regards

Brian B. Falk

Information on purchase:
Lot number: CP 438 -
Reg./ser. number: 100617.0002
Invoice number: u743-27-2

From: "Brian Falk"
Sent: Friday, September 26, 2008 10:43 AM
To: "Bill Smith" <bsmith@parkwestgallery.com>
Subject: FW: From Brian - concerning the Dali pieces

Dear Mr. Smith

I haven't heard from you. Either you're having a day off, or you're not at Park West any more. I expect a reply by Monday 29th.

Best regards

Brian Falk

From: "Bill Smith" <bsmith@parkwestgallery.com>
Sent: Friday, September 26, 2008 2:26 PM
To: "Brian Falk"
Cc: "Mary Gordon" <mgordon@parkwestgallery.com>
Subject: RE: From Brian - concerning the Dali pieces

Dear Mr. Falk,

I have been at home must of the summer dealing with a medical issue. I have forwarded your e-mail to Mary Gordon who is in charge of our customer service department. She will be in touch with you soon.

Kind Regards,

Bill

From: Brian Falk
Sent: Sunday, September 28, 2008 1:57 PM
To: Bill Smith
Subject: Re: From Brian - concerning the Dali pieces

Dear Bill

Thank you for that reply. I expect to hear from Mary Gordon then. Sorry to hear about the medical issue. My best wishes to your health.

Best regards

Brian Falk

From: Brian Falk
Sent: Wednesday, October 1, 2008 11:36 AM
To: Bill Smith
Subject: Re: From Brian - concerning the Dali pieces

Dear Bill

I still haven't heard from Mary Gordon. With reference to the below mentioned correspondence this is not acceptable. As I tried to indicate, I'm well aware of the various ongoing investigations concerning Park West but most important concerning Salvador Dali pieces sold by Park West. At this point, however, my only interest is to resolve this issue, and get my money back, as stated below. I have no interest in participating in any "campaign against Park West Gallery". Therefore I wonder why I still haven't received any answer from Park West/Mary Gordon. I think my offer to solve this issue in a quiet and discrete matter is very generous. If Park West haven't understood the seriousness of this matter, I suggest you read my email dated September 25th, 2008 once again.

I expect to hear from Mary Gordon by today, Wednesday, October 1st. I will not write directly to you again in this matter.

Kind regards

Brian B. Falk