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Another Victim of Park West Gallery Art Auction Fraud - Jeakins Case Study



What dealings have you had with Park West customer services or executives since then? Have you asked for a refund? Have you asked for documentation of the provenance (history of origin and ownership) of your pieces? If you have dealt with Park West customer services or others, how were you treated? How did they handle your complaint?


"I had three conversations with Laura Maki at Park West. She offered, at Park West's expense, to have my items appraised by Caroline Ashleigh. I told her that I knew they were going to try to shove these paintings down my throat. After some time passed, I sent Laura a copy of a letter I had composed and addressed to each of the board members at NCL. She called me and said she was really surprised, that she thought everything was fine. I told her it wasn't fine, that I didn't want the paintings. She called again later to tell me that she had worked very hard and had gotten me their "40-40-40" deal, and that I could get all of my money back, less their buyer's fee. The total was $300-ish. I told her no thank you,that I thought I would just send the letters instead."

Following is some of the correspondence between Sandy and Park West and the credit card company, as well as her letter to Norwegian Cruise Line asking for help.


Dear Park West,

I am today home from my Alaska cruise, on which I purchased 2 Marcus Glenn paintings.

I have serious buyer's remorse from my experience of purchasing these paintings.

Clearly, on Ripoff Report, you state that you will not be responsible for buyer's remorse. That is an understandable position.

You have charged me for two paintings that I do not own. I will not own them for 8 - 10 weeks. There was a problem with the purchase from the beginning, a clear sign to me that it was a mistake. A little alcoholic lubrication caused me to override my instincts as you say, in the atmosphere of a cruising vacation. Nonetheless, I chose not to investigate you at $.75 per minute on the onboard computers, and so I did not see the Ripoff Reports until I got home. You can imagine my chagrin when, at my first opportunity, I get on the web at home and find my $1,000 painting listed for sale for $269.

My passport was withheld upon exiting the ship until I paid my bill. I spoke to the auctioneer not even 24 hours after the purchase, asking her to relinquish the sale and let me go. She would not, but suggested I call Park West on Monday morning to cancel.

So, I cannot hang these paintings in my home. Each time I look at them I will be reminded of my experience with Park West.

I intend to call my credit card company first thing tomorrow and ask them about two things 1) the 3rd-party billing that goes on between NCL and Park West, and 2) the validity of charging my account for a painting that has not left your gallery and will not for at least 8 weeks.

I know that you intend to shove this purchase down my throat. My only hope will be that when I sell it on eBay for $150, it will help to deflate the value of your artist's work. I know the response that will be posted when I file a complaint on Ripoff Report, and, like me, other cruisers will not see it until it is too late.

If you were as good as you claim to be, you would not have to employ "tactics" to complete your sales.

Sandy


 

From: Sandy Jeakins
Sent: Mon 8/25/2008 9:58 AM
To: Mary Gordon
Cc: editor@ripoffreport.com
Subject: FW: Complaint


As further documentation, I am herein informing you that I have called my credit card company and prepared the following dispute:
  1. This painting has not been delivered and I will not accept delivery.
  2. Park West does not deliver the actual painting that I "bid" on.
  3. Park West's auctions are not actually auctions, they are made to "mimic" auctions
  4. It is common knowledge and posted on the web by reputable art dealers that in some instances Park West manufactures its own lithographs and has employees sign them for the artists
  5. Part of the charges are for an independent appraisal, not a Park West "best guess", but that an independent appraisal will not be delivered with the painting
  6. I have found Park West's business dealings to be "shady" at best and the authenticity of what I thought I was purchasing is seriously in question.
  7. According to the authorizations on my credit card, Norwegian Gem is third-party billing for Park West galleries. Third-party billing is strictly prohibited by MasterCard and VISA, the sole exception being a negotiated agreement between MasterCard and VISA and PayPal. I also did not sail on the Norwegian Gem.
I have also prepared a letter to the C.E.O. and each member of the board of directors of Norwegian Cruise Lines pointing to pages and pages of complaints about Park West.
I await a response from you in writing.
Sandy Jeakins


 

From: Sandy Jeakins
Sent: Sunday, August 24, 2008 1:33 PM
To: 'mgordon@parkwestgallery.com'
Cc: 'editor@ripoffreport.com'
Subject: Complaint

Dear Laura,

You know, I have one more thing to say. If your posting on Ripoff Report is actually true, that you have only 1 in 50,000 complaints, why don't you let those complaints off the hook and spare the bad feelings? I will post these paintings on eBay along with a complete (and FACTUAL) account of what took place. That's a fair amount of bad publicity. I will also warn any friends that I have who will be cruising, and make sure they know the name "Park West".
Because of my extremely bad experience of having my passport held, and the possibility of missing my flight home over this issue, that ends my long and previously very happy relationship with NCL (that extends over 25 years of cruising with them). I know that you are on other cruise ships, but it was NCL, not you, that blackmailed me.
I am able to withstand a $3,000 black eye and learn from it. But you have to understand that that is my feeling toward you, Park West. You gave me a $3,000 black eye.

Sandy


 

Begin forwarded message:
From: "Sandy Jeakins" <sandy@sandyjeakins.com>
Date: October 8, 2008 8:34:35 AM PDT
To: Laura Maki <mailto:LMaki@parkwestgallery.com>
Subject: Chargeback

Hi Laura,
Attached is a copy of my chargeback request.
I'm a little worn out from all of this so the next few letters will have to wait until later in the week, but I will forward copies. They will go to the Bureau of Tourism and the Attorney General in Washington State regarding the fact that my passport was seized and I was unable to disembark from the ship until I paid in full for some artwork that I have never seen and that will not be delivered for at least six weeks. If your stuff is so good, why not just have a standard 30-day money back guarantee like the reputable merchants. It would save so many of us soooo much time.
Have a nice day,
Sandy



Letter to Bank of America

Bank of America
Disputes Department
800 558-4801

RE: Account # [account number omitted]

To Whom It May Concern:

Enclosed you will find a copy of my statement from a cruise that I took to Alaska on Norwegian Cruise lines. Please reference this item on my September statement:

[account information omitted]

In my Norwegian Cruise Line statement you will find a charge for $3,050.99 listed as "Art Auction."

Norwegian Cruise Line does not run an art auction.

Because of the contractual agreement between PayPal and Mastercard International and PayPal and VISA, many of your Customer Service Representatives have come to think that third-party-billing is perfectly OK.

Indeed, it is not. Third-party-billing is fraud is and against both the Mastercard and VISA regulations. Any merchant who charges for another merchant is subject to having their merchant account revoked.

One of the reasons for this regulation is that any merchant who charges for another merchant cannot possibly defend a chargeback that they know nothing about. There is a fraudulent layer of insulation for the party receiving the monies. It is actually money-laundering. That is the case with this charge. When I call to dispute the charge with Norwegian Cruise Lines, they tell me that they know nothing about the art transaction and they refer me to another company, for whom they billed, one located in Florida.

I am requesting that my complaint be handled by one of your managers who is fluent and knowledgeable in Mastercard regulations, particularly third-party-billing.

I did not contract for Norwegian Cruise lines for artwork. Please remove these charges and please assist me in filing a fraud complaint with Mastercard International.

Sincerely Yours,

Sandy Jeakins



Letter to Norwegian Cruise Line:

Mr. Colin Veitch
President and Chief Executive Officer
Norwegian Cruise Line
7665 Nw 19th Street
Miami, FL 33126-1201

Mr. Andy Stuart
Executive Vice President Of Marketing, Sales And Passenger
Norwegian Cruise Line
7665 Nw 19th Street
Miami, FL 33126-1201

Mr. Tan Sri Lim Kok Thay
The Genting Group
24th Floor, Wisma Genting,
Jalan Sultan Ismail,
50250 Kuala Lumpur

Mr. Marc J. Rowan
Apollo Investment Corporation
9 West 57th Street
New York, NY 10019

Mr. Steve Martinez
Apollo Investment Corporation
9 West 57th Street
New York, NY 10019

Mr. Adam M. Aron
Chairman and C.E.O.
World Leisure Partners
203 Wellness/Recreation Center
University of Northern Iowa
Cedar Falls Iowa 50614-0241

Mr. Walter L. Revell
Revell International Investments, Inc.

Gentlemen:

I am just a cruise passenger. Before you dismiss this letter to your Administrative Assistants, please hear me out. I am writing to you, not to the people trained to handle passenger issues, because I am trying to find a genuine ear and I promise to be as succinct as possible, I know your time is extremely valuable.

How can you be in bed with Park West? What are you thinking?

I fell for it last week in Alaska. When I was finally able to access the internet at a reasonable price I found out what frauds they are. I also found out that many of my fellow victims are not stupid. How can that be?

It's because you have the Norwegian name on it. We trust (or trusted) YOU.

So here's the scoop. I signed on the dotted line on Friday afternoon. I did not get copies of what I signed. They charged it to my room. For whatever reason, on Saturday morning, my NORWEGIAN BRANDED credit card (that I've had for 13 years) was declined. I was not over the limit and, at this moment, I'm still not clear on what is going down. However, on disembarkation the next morning your folks held my passport and told me to report to the Credit Desk, which I did. I told them to take the "artwork" off. They refused and told me I could not leave the ship until I had cleared the bill. Fearful of missing my plane, I gave them another card.

I hopped on the internet this morning and found out what a scam operation Park West is. How can you lend your name to them? I found out that they sign their own copies and productions. I found out that their "auctions" are not auctions at all, it's all a façade, that hey use sham bidding, puffing, and shills. I found pages and pages of complaints. I found it referred to as "Piracy At Sea." Unlike every other raffle on the ship, the winning number was never verified or shown to anyone, and now I believe that to be falsified as well. I found out that Park West is in violation of the Commerce Codes. And, most importantly, I found out that the painting I "won" is not the painting I will receive, that it is not produced by the artist, but by printers owned by Park West, and the signature is done by Park West employees. That alone should be grounds to rescind the transaction. I'll quote the U.S. District Attorney from Illinois, Patrick J. Fitzgerald: "Buyers of limited edition fine art prints, like all other buyers, are entitled to get what they pay for..."

I truly cannot get over the fact that you let these people run a scam operation on your ship.

You may say I was unwise in the way I handled this transaction and, believe me, I learned a valuable lesson. I did not pay for an hour of internet time to do due diligence. This letter should indicate to you that I do know how to do it, if I'm provided access. I felt that I knew Norwegian well enough to know that I was being told the truth and wasn't going to get burned.

So here's the deal. I've cruised with you a few times. I have your co-branded credit card. I WILL NOT pay for fraudulent artwork nor will I take delivery. I have great credit, I can afford the hit. And I will take it all the way to court if I have to. I am politely asking for you to resolve this matter quietly, as a favor. Park West did not charge my card, YOU did. Park West did not extort me on disembarkation, YOU did.

I simply want the transaction rescinded, in which case I continue to cruise Norwegian, and thank you greatly for your help with this. If not, I cruise other lines and publicize what happened, including the fact that it happened on your line. I realize Park West is on other ships, but it wasn’t Park West who threatened not to return my passport.

If you have not done so, I urge you to take a few moments to research Park West on the internet. Start with FineArtRegistry.com. And please, do something before your reputation is tainted as badly as theirs.

Thank you for your time.

Sincerely Yours,

Sandy Jeakins



And at the end of December 2008, Sandy wrote a follow-up letter to the same recipients, letting them know of the Complaint filed in Michigan by various frustrated Park West customers which also included Royal Caribbean Cruises Ltd. as defendants and advising them not to go the same route.

December 30, 2008

Mr. Colin Veitch
President and Chief Executive Officer
Norwegian Cruise Line
7665 Nw 19th Street
Miami, FL 33126-1201

Mr. Andy Stuart
Executive Vice President Of Marketing, Sales And Passenger
Norwegian Cruise Line
7665 Nw 19th Street
Miami, FL 33126-1201

Mr. Tan Sri Lim Kok Thay
The Genting Group
24th Floor, Wisma Genting,
Jalan Sultan Ismail,
50250 Kuala Lumpur

Mr. Marc J. Rowan
Apollo Investment Corporation
9 West 57th Street
New York, NY 10019

Mr. Steve Martinez
Apollo Investment Corporation
9 West 57th Street
New York, NY 10019

Mr. Adam M. Aron
Chairman and C.E.O.
World Leisure Partners
203 Wellness/Recreation Center
University of Northern Iowa
Cedar Falls Iowa 50614-0241

Hello Again Gentlemen:

HEADS UP!

I do not run a major cruise line, but if I did, I think I would most appreciate the "heads up" I am giving you today. I would think it would be advantageous to have the lead time that I am giving you to distance my company from the vendor on my cruise line who is allegedly selling Dali forgeries.

If I did run a major cruise line, I would suspect that customers will be coming out of the woodwork over this and I would expect my company's line to me named in one or more of the lawsuits that are sure to follow this one.

If I did run a major cruise line, I think I would be preparing a statement to Park West telling them how my company cannot afford to be pulled into the most inevitable maelstrom of slanderous publicity that is about to follow this scandal. And then I would suspend their operation on my company's line until they are exonerated.

If I ran a major cruise line, I think I would be getting my ass in gear to be certain that I am seen as the cruise line that was appalled and surprised and completely unaware of the fraud being perpetrated on my line. I would want to mitigate my company's culpability. I certainly would not want to be known as the company who held a passenger's passport until they paid in full for some worthless artwork.

I might even file suit against Park West on behalf of my own company and set up a "Park West Hotline" to assist customers with their grievances. I would want to get out in front of this and begin my damage control efforts TO-DAY!

Ok, look, serious now. The smartest of you, hopefully, will wake up from your coma with this injected of this dose of reality. Surely you can see where this is headed. I want you to strong-arm Park West and get my money back for me. All of it. Now. ($3,500 will cover the purchase and the interest). And don’t tell me you don’t have the leverage to do it. I'm after Park West and I'm looking for my 15 minutes of fame. I hope to be able to tell the world about the extortion upon my disembarkation. You held my passport until I paid in full for worthless artwork from a fraudulent vendor. That's where you crossed the line with my situation. But - BUT - I am sincerely hoping that that was just a momentary lapse in judgment or violation of procedure by a deck hand – anything so that I can enjoy cruising with you again. Seriously, I'm upset about losing my brand loyalty to Norwegian and I so want you to be above this sort of thing. But maybe I'm the one in a coma, we'll see. I would seriously like to be able to tell the world that, unlike the others, MY cruise line stepped up as soon as they found out and helped me to settle with Park West (and even threw in some cruise money as an apology).

I'm sending a copy of this letter to the attorneys of record so that, from this moment forward, Norwegian will not be able to say that they had no knowledge. However you handle your relationship with Park West, from this moment on, is on the record.

Sincerely,

Sandy Jeakins



By Fine Art Registry®   |   January 20, 2009  |   Discuss Story on FAR® Forum   |   Print   |  

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