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Park West Gallery Refuses to Right the Wrong on Dali Print - Litigation on the Horizon

Malene Hansen, Brian Falk and son - Park West Gallery cruise auction victims

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(The first sequel to the Brian Falk and Malene Hansen Case Study)

For the full story, read:
Another Park West Gallery Dissatisfied Customer – Case Study


Here are the developments in the few days that have ensued since we published the full case study of Brian Falk and his wife Malene Hansen who were sold what appears to be a fake Salvador Dali print at a Park West at Sea "auction" aboard the Royal Caribbean cruise ship Explorer of the Seas on their honeymoon in 2004. Then followed a series of customer services and executive bloopers of magnitude as Park West sent them the wrong print, declared the value for customs purposes to be a third of what they paid, and then contradicted themselves internally regarding the provenance and value of the piece sent.

We said at the end of the case study recently published that we would follow up on the case to see where it went. Here is the first sequel.

Brian Falk received an email from Mary Gordon in customer services at Park West Gallery with a letter from Morris Shapiro, gallery director, attempting to assuage his misgivings about the piece he was sold and persuade him not to persist with his demands for a refund.


From: Mary Gordon <mgordon@parkwestgallery.com>
Sent: Wednesday, October 29, 2008 10:14 PM
To: Brian Falk
Cc: Morris Shapiro <MShapiro@parkwestgallery.com>
Subject: Letter from Gallery Director

Dear Mr. Falk,
Attached is a letter from our Gallery Director in response to your email.
Mary Gordon

Following is the letter that was attached.

Park West Gallery Customer Service, letter to Brian Falk

Brian was not impressed so much by Mr. Shapiro's letter as by the number of unexplained, contradictory facts he was being fed by different people at Park West Gallery.


From: Brian Falk
Sent: Thu 10/30/2008 2:25 PM
To: Mary Gordon <mgordon@parkwestgallery.com>
Subject: Re: Letter from Gallery Director

Dear Mrs. Gordon & Mr. Shapiro

Thank you for sending me an answer to my complaint.

Obviously there's a lot of confusion in this case. I get different information from Mr. Shapiro, Mr. Smith and the appraisal signed by Mr. Scaglione. Let me mention just a couple:

    1.     Mr. Shapiro: you now write to me, that there's 15 "Filius Prodigus" pieces which are hand-signed by Mr. Dali. However the appraisal I have and emails I then received from Mr. Smith clearly states, that my piece is "One of 9 examples hand-signed by Dali". This is also the condition to which I originally bought the picture. Obviously the piece would be less valuable to me, had I then known there were 15 and not 9 signed examples.

    2.     Mr. Shapiro: you now write to me, that the number "5" stamped on the back only applies to the loose sheets. I'm in possession of emails from Mr. Smith (among others dated April 28th 2005) where he among other things send me a document signed by Dali stating, that his signature is genuine and this is proved with the number "5" stamped on the back of the piece. Asked directly Mr. Smith stated: "Both of these works are included in the collection I sent you the documentation on". Furthermore he states that the number "5" is a red, stamp, although it is black.

Dear Mr. Shapiro and Mrs. Gordon. Maybe you would explain some of the above with mistakes - personally I don't mind, what you choose to call it. However in my opinion this case is now so full of miscues, misunderstandings and so on, that I think it would be appropriate for Park West Gallery to simply just say: "There has been mistakes in this case, and of course this should benefit our customer". I suggest we resolve this matter, with you just buying the piece back. This would conclude the case from my point of view.

I look forward to you getting back to me as soon as possible with your proposal.
Kind regards,
Brian Falk


Morris Shapiro replied. It sounds like he's getting a little irritated - the slick, oily outward surface now marred as some choppiness shows through. Mary Gordon is dutifully relaying his messages. Perhaps Morris Shapiro didn't want his email address (mshapiro@parkwestgallery.com) getting out in case he had to deal with Brian (and many other customers) directly? This is pure conjecture, mind you. It just seems odd.

Subject: From Mr. Shapiro.
Date: Wed, 5 Nov 2008 13:40:08 -0500
From: mgordon@parkwestgallery.com
To: Brian Falk

Mr. Falk:

As I attempted to explain to you previously, the "Filius prodigus" image was only available in complete sets of the Bible, hand-signed by Dali. The other image, "Ipse erat Elias" includes the 15 examples from the complete sets and an additional 95 examples with various annotations. Thus, 110 hand-signed examples exist of this image. Consequently the rarity of "Filius..." is significantly greater than of "Ipse..." even considering the existence of 15 as opposed to 9.

Dali executed certificates of authenticity for both the complete sets and the loose sheets. The loose sheet certificates identify the "5" stamps on the versos, but makes no mention of the color of the stamps.

Park West is fully confident of the authenticity of the Dali work and the hand-signature on "Filius prodigus." I hope this information clears up any confusion you might have experienced.

Morris Shapiro


Well, it didn't clear up any confusion Brian Falk had. In fact it wasn't really confusion at all as the facts were already quite clear to Brian.

From: Brian Falk
To: mgordon@parkwestgallery.com
Subject: RE: From Mr. Shapiro.
Date: Wed, 5 Nov 2008 20:20:32 +0100

Mr. Shapiro,

There's no need to repeat your explanations. I understood them quite well. I was just pointing out some of the mistakes made by Park West Gallery. It is unacceptable that you try to make the fact that there are 15 examples and not 9 insignificant. Based on this fact alone, I will not accept any other solution than Park West Gallery returning the full amount paid by me. You have sold me a piece of art based on false foundation. That's indisputable.

If you're so confident of the authenticity I suggest, that the piece be examined by an independent individual chosen by me. Either the Dali Archives in New York or the Dali Museum in St. Petersburg. Furthermore I've made appointment with the Danish National Museum of Art, who will examine the piece next week concerning the printing technology used. You did tell me, this is an "original lithograph".

Again, the only acceptable solution is the full return of the money paid. This has got to be arranged without further delay, and I expect to receive your plan for this arrangement immediately.

I've made arrangements to start a suit against Park West Gallery based on among others the above mentioned, and it is ready to be sent. This will be attached to a major complaint filed with Royal Caribbean Cruise Lines. I cannot accept any more beating about the bush. These actions will be taken without further delay, should you choose not to meet my demand.

Brian Falk


Brian Falk is still waiting for a reply. He wrote a subsequent email informing Shapiro that his (Brian's) definition of "without further delay" had been exceeded so he was moving ahead.

He has contacted Royal Caribbean in Norway and London. The London office has been hearing quite a bit from unhappy Park West Gallery customers recently and say they are looking into it. In the meantime they have been helpful with some individual cases.

Brian has arranged for experts at the Danish National Art Museum to examine the print to determine whether or not it really is an "original lithograph" as described on the Certificate of Authenticity signed by Albert Scaglione.

It's interesting to note that both Brian Falk and his wife, Malene, have had long and successful careers in the Danish police. Brian has been a detective while Malene works as a police prosecutor. They are both quite familiar with law enforcement and what is required in order to bring about justice.

Brian sent us photos of him and his wife aboard the Explorer of the Seas and with his two-year-old son who he had hoped would be a beneficiary of the wonderful investment they were sold by Park West. Now he is doing his best to recoup his losses and any costs involved. A very sad note which has marred their honeymoon forever.

We will continue to report on the progress of this case.

Brian Falk Case Study, Part I:   Another Park West Gallery Dissatisfied Customer


By Fine Art Registry®   |   November 12, 2008  |   Discuss Story on FAR® Forum   |   Print   |  

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