Fine Art Registry® 
Art & Collectible Registration System
Login   |   Sign Up   |   Home   |   Art Search   |   Site Search   |   Contact Us   |   Shop
Helping Bring Order to the World of Art
RSS Twitter Facebook YouTube Fine Art Registry Blog
 


Support Help Desk
FAR Art Gallery Search
Protect your art with FAR registration






artprice

www.DickBlick.com - Online Art Supplies

Save 40% off 1 item at Utrecht.com with coupon code AP1

BeadRoom.com

artfulhome - Making a statement of style.



Park West Gallery Litigation Update #12:

Fine Art Registry® to Square Off with Park West Gallery in Port Huron, Michigan

by Theresa Franks, for Fine Art Registry®
Share |



Read the previous Park West Gallery Litigation Updates


THE DAY OF RECKONING!


The truth is "hate speech" only to those who have something to hide. --Michael Rivero

Fine Art Registry® and Park West Gallery are scheduled to duke it out at the Federal District Court in Port Huron, Michigan, on March 15, 2010. Fine Art Registry has been in training for this big event for nearly three years now and we can’t wait to weigh in. No longer will Albert Scaglione be able to hide behind the curtain. Game day is finally at hand. Fine Art Registry cordially invites all of its readers and members to attend the trial in Port Huron, Michigan. It is a public forum and you are all welcome. It will be history in the making, no matter what happens and it will certainly be one of the most exciting trials in art history - we will make certain of it. The Park West Gallery deceptive and unfair trade practices will finally be laid bare in front of a jury of real people from all walks of life and there won't be a thing Park West Gallery lawyers will be able to do to stop the bleed. In any event, Fine Art Registry is prepared to meet head to head with the "Bernie Madoff" of the art industry - the self-proclaimed "largest art gallery" on planet earth.

Throughout the discovery phase of the litigation with Park West Gallery, this writer has attended (either in person or telephonically) every single deposition taken in the case (and there have been a good number of them in the U.S. and abroad—including three depositions of her own). This writer has also read, reviewed, and studied every single document produced by Park West Gallery (totaling thousands and thousands of pages).

In contrast, the ONLY deposition that Albert Scaglione attended was his own - his arrogance astounding, he relies solely on his lawyers to navigate in an art industry they clearly do not understand and which they care nothing about. Their complete lack of industry knowledge combined with zero passion equals a fat and flabby fighter with no heart. The Park West Gallery lawyers care only for their own bottom line and have already developed their exit strategies. They are making outrageous sums of money from the endless Park West Gallery litigation and they hope that they will be riding the Park West Gallery gravy train until it runs completely off the track. What with the hundreds of millions Park West Gallery has made from victims over the 13 years that it has operated on cruise ships and at land auctions - all from the self-proclaimed 1.2 million "satisfied" customers Park West claims to have sold their artwork to, they can probably keep their legal beagles in the clover for a long time and hold out on paying any victims until they claim bankruptcy or until the cruise lines are made to belly on up to the victim bar to pay the hundreds of thousands of claims that will be flooding in.

Do you suppose that Park West Gallery lawyers would take Park West art in trade for their legal services? Nah! The Park West Gallery lawyers may not be the sharpest pencils in the drawer or the brightest bulbs in the lamps, but they aren't stupid, especially when it comes to their precious hourly billings. If the Park West Gallery artwork was truly the grand investment value that Park West Gallery represents it to be, supported by the outlandish and inflated appraisals signed by the owner of the inventory, you would think the Park West Gallery lawyers would be clamoring to own it. Even the Park West Gallery lawyers know that one does not appraise his own sock drawer.

Bob Wittman

The lawyers for Park West know exactly what Park West Gallery sells, right Goldman? Didn't you refer to the Park West Gallery art as "shit" at the depositions in New York? Yes, you certainly did and there were witnesses in the room, including Sharon Day as well as Fine Art Registry lawyers and others, including the court reporter that heard you say it. And incredibly, we later learned through Park West Gallery insiders that Morris Shapiro and gallery employees all refer to Park West inventory as "ship shit". And we can't forget Goldman's little buddy, Bob Wittman. He was there too.

Wittman, who is Goldman's sidekick (they go everywhere together including hot air balloons rides over Peru) has been reported as having intimidated victims, experts, witnesses, and reporters in the media, and has in fact entered gated, residential communities without authorization and has represented himself on numerous occasions to be an FBI Agent when he has no credentials, no badge, and no gun (at least as far as we know, he doesn't have a gun - a scary thought).


A Recap of the Last Three Years of Battle and the Upcoming Trial

What's this Litigation All About?

Nearly two years ago, on April 15, 2008, Park West Gallery served a SLAPP lawsuit on Fine Art Registry for nothing more than publishing the truth about Park West Gallery's unfair and deceptive trade practices. Attached to the Park West Gallery lawsuit were the following Fine Art Registry articles which Park West Gallery claimed were defamatory.

The Park West Gallery plan in filing and serving the lawsuit was to strike a heavy blow to Fine Art Registry and intimidate us out of existence. It hasn't worked out too well - the blowback for Park West Gallery has been considerable and all it had to do from the beginning was to reform and start to run an honest business. It could have avoided the scalding scrutiny they are facing now, not to mention a lot of embarrassment and financial exposure for the cruise lines who are now being sued in six class action lawsuits, including the Sharon Day and Julian Howard lawsuit filed in Michigan state court with more lawsuits certain to follow in the near future.

Since the filing of the Park West Gallery SLAPP lawsuit nearly two years ago, a mountain of additional evidence has surfaced as a result of our continuing investigation. Over 400 complaints from victims have been reported to Fine Art Registry and mounting daily. Our investigation has gone far above and beyond the rip off of Park West Gallery buyers, and well beyond the few articles we initially published, and has now mushroomed to nearly every area of the Park West Gallery business model including, but not limited to deception and fraud with respect to ICE (Immigration & Customs Enforcement) which we have yet to report on, the Internal Revenue Service (another area we will report on soon), Securities violations and much, much more, including the rape and ruin of artists like Alex Perez and Gary Benfield to name only two. We have heard from other Park West Gallery artists whose stories we are investigating.

Fine Art Registry wins WIPO case against Park West Gallery

While Park West Gallery is very vocal about its lawsuit against Fine Art Registry, they fail to disclose the fact that Fine Art Registry has valid claims of its own against Park West Gallery for trademark infringement and Lanham Act violations as well as defamation and slander after discovering the underhanded, filthy tricks Park West Gallery, its hired writers, and its public relations companies were pulling by hijacking the Fine Art Registry federally registered trademarks. Of course, Park West Gallery tried to cover up their tracks, but they were unsuccessful. In fact, Fine Art Registry was forced to file at great expense, a World Intellectual Property Organization (WIPO) legal action to stop the spread of the Park West Gallery salacious lies. A wise judge with WIPO who decided the case rendered an order that nailed Park West Gallery. Fine Art Registry prevailed and Park West Gallery was no longer able to continue on its course of destruction. But this did not dissuade Park West Gallery's evil intent to destroy Fine Art Registry for long. On the heels of the WIPO action, Park West Gallery and its public relations company, Fleishman Hillard, repeated the same trademark violations and unlawfully infringed Fine Art Registry trademarks by placing Google Ads using our registered trademarks to damage the Fine Art Registry good name and in an effort to divert traffic away from Fine Art Registry and direct traffic to Park West Gallery (and specifically to information about its new hot shot lawyer, Bob Goldman). Once again, Fine Art Registry was forced to file a legal action with Google in order to remove the offending Park West Gallery Google ads and once again, Fine Art Registry prevailed, but not without substantial cost and damage to its registered marks. Park West Gallery continues to this day in its intellectual property theft.

We could fill a book with the despicable and underhanded tactics that Park West Gallery and its lawyers have pulled over the last three years and one day we will reveal the ENTIRE story. Make no mistake, Fine Art Registry maintains solid legal claims against the gallery and we intend to prevail on our claims. Park West Gallery recently tried to get the court to dismiss our claims against them. THEY FAILED. The Fine Art Registry claims against the gallery STAND and we will ask the jury to award substantial damages against the gallery at the trial on March 15, 2010. Statutory damages alone on Park West Gallery's trademark infringement total at least $1,000,000.00 and Park West Gallery doesn't have a leg to stand on - no defense whatsoever. Park West Gallery will be taken to task for its infringement, theft, and hijacking of the Fine Art Registry registered trademarks through its paid agents, writer Louis Postel and Fleishman Hillard.

Throughout the two years of litigation with Fine Art Registry, Park West Gallery and its lawyers have focused almost entirely on defending their forged Dali inventory. In other words, they put all their eggs in one basket. There is of course much, much more to the Park West Gallery fraud than its Dali inventory. It may be true that the Park West Dali inventory is its Achilles' heel. After all Park West spent a small fortune cornering the market on Divine Comedy and Biblia Sacra Dali prints. Drooling with greed, they invested hundreds of thousands in buying its Dali stock from shady European sources, but there is much, much more to this brute of fraud than meets the eye and Fine Art Registry is looking forward to finally being able to educate the jury from soup to nuts on Park West Gallery's business model and its deceptive and unfair practices, from their bogus dog and pony show auctions right down to their fraud on the U.S. government and more. Park West Gallery will not be able to hide behind the skirts of their raunchy lawyers any longer. Albert Scaglione and the rest of the Park West Gallery gang will be forced to ante up.

Sharon Day and Julian Howard, Park West Gallery victims

February 28, 2008 - The WKMG Orlando Cruise Ship Art Investigation

It was through Investigative Reporter, Mike Holfeld at WKMG TV in Orlando, Florida, that Fine Art Registry first learned that Park West Gallery had filed a retaliatory lawsuit against Fine Art Registry. In other words, we had warning from WKMG Channel 6 that a lawsuit had been filed on April 11, 2008 in Michigan and that Park West Gallery intended to formally serve Fine Art Registry. The timing and reasoning behind the filing of this lawsuit was clear. Park West Gallery was doing everything in its power to kill the Florida investigative report and to try to financially crush Fine Art Registry. They certainly did not want Mike Holfeld’s story to air in Florida and Park West Gallery's principals, Albert Scaglione and Albert Molina did everything they could to try to stop it. Park West Gallery's Florida lawyers, Coffey Burlington deluged Mike Holfeld and WKMG with the usual bogus, confusing, and convoluted Dali "authentication documents" from Park West Gallery's suspicious European sources in order to try to convince WKMG that its Dali inventory was indeed legitimate, which it was not, at least as it related to the alleged Dali signatures applied to the prints. At the time of Mike Holfeld's investigation which began at the end of February, 2008, at least 30 Park West Gallery victims had come to Fine Art Registry with very serious complaints regarding Park West Gallery's bad business practices.

Mike Holfeld, WKMG Channel 6 Orlando, Cruise Ship Art Investigation

The CEO of Fine Art Registry was first contacted by Mike Holfeld of WKMG (Channel 6) in Orlando on or about March 11, 2008, soon after an Inside Edition piece aired on the subject of Park West Gallery rip offs. A Florida victim contacted Mike Holfeld after watching the Inside Edition program and wanted help in determining whether she indeed had a forged Dali print. The victim had purchased a Biblia Sacra print from Park West Gallery for a whopping $18,000. It was determined by world experts that the print was forged. Also, featured in the story with Mike Holfeld was Fine Art Registry member, Debi Austin, who remains a plaintiff in the Sharon Day and Julian Howard litigation against Park West Gallery which has a pending trial date of July 2010. Royal Caribbean is also a Defendant in the Sharon Day and Julian Howard litigation.

Inside Edition reports on Cruise Art Auctions


The Razor Sharp Truth Park West Gallery Will No Longer Be Able To Ignore

August and September 2007 - Early Attempts Fine Art Registry Made to Discover the Truth

As much as Park West Gallery would like to sweep it all under the rug, they cannot get past the documented historical facts. In the last two years of litigation, Park West Gallery, Albert Scaglione, Albert Molina, and Bob "The Dancing Bear" Goldman, have made up all kinds of lies and fabrications as to why Fine Art Registry was reporting on Park West Gallery's bad business practices. Park West Gallery, Albert Scaglione and its lawyers just couldn't figure out why this writer would pursue such a cause, if it didn't benefit her or Fine Art Registry financially. So they manufactured and fabricated lies. They just couldn't get over the fact that Fine Art Registry was reporting the truth for the purity of the truth and for the health of the art industry. The reason behind this writer's fight in standing up for what is right is said best by a Park West victim whose family spent $800,000 on artwork that is near worthless. He wrote to us recently and said:

I would like to thank you for taking a principled stand at a great cost with nothing to gain directly. It's the one thing that their [Park West's] con game never allowed for... Someone with ethics and a spine... As I said, it takes just that one crazy person who can't be bought and ignores the threat to their own livelihood. Good job. I have been there and done that as we have discussed and it's a major cost on one's health long term to fight the big boys.

In a world where corporate greed is the order of the day, Fine Art Registry is interested in nothing but making the art industry a safer and a better place to do business - to protect artists, collectors and other art enthusiasts from the bad and the ugly of the industry. There are other offenders out there, just like Park West Gallery, who are also currently under investigation and whom we will also be reporting on soon. Fine Art Registry is sincere about its mission. Park West Gallery had every opportunity early on to reform its bad business practices and has not done so. A leopard rarely changes its spots.

Prior to Mike Holfeld and the WKMG investigation, Fine Art Registry had tried for nearly a year to get Park West Gallery to respond to the very serious claims we were receiving from victims. David Phillips, Publication Director of Fine Art Registry wrote a lengthy email letter to Park West Gallery’s lawyer, Robert Burlington (the same lawyer involved in the Alex Perez rip off) on September 2, 2007, seven months before Mike Holfeld's and Inside Edition's investigative reports. The email correspondence David Phillips sent is posted below in its entirety. We have redacted the names of the victims in order to protect them from harassment by the Park West Gallery thugs:

From: David Phillips dphillips@fineartregistry.com
Date: September 2, 2007 8:00:26 AM PDT
To: rburlington@coffeyburlington.com
Subject: Article about alleged rip-offs by Park West

Dear Mr. Burlington,

On August 16th 2007 you wrote to Ms. xxxxx and Mr. xxxxx in response to a letter from Ms. xxxxx to Albert Scaglione asking for his assistance in rectifying what was, in her view, some very dishonest salesmanship on the part of two Park West employees on a Royal Caribbean Mariner cruise in July 2007.

In this letter you appear to brush off her complaints saying you had investigated the allegations she had made and found them to be unsupported. This is strange because a respected doctor aboard that same cruise was contacted by Park West representatives shortly thereafter and confirmed the truth of these allegations. They involve a Mr. and Mrs. Arthur and Sarah Sheepers who gave contact information to Ms. xxxxx which turns out to be false contact information. It's a bit odd that a Park West employee would have a corporate e-mail address at hotmail.com and another at Yahoo! isn't it? I would like to know what your investigation consisted of.

I am also in touch with two Florida lawyers, one of whom tells me he has personally been harmed by a Park West rip-off and the other of whom is involved in a serious fraud case involving your client. I am also in communication with a New York couple who tell me they were recently victims of a Park West scam on yet another cruise which they are fighting.

We have had several complaints about Park West from different sources, all of them involving allegations of fraud and other criminal activities. Due to the number and severity of these complaints, we have decided to investigate the claims and see if we can get to the bottom of what's going on. As an organization, we are interested in preventing any abuses in the field of art.

We plan to publish the allegations as such and I am sure we will be contacted by other victims when our investigation is broadly known about. I will also offer to write an article for art&antiques magazine (I have written several art crime related articles for that magazine to date and been published in a number of other magazines, books, etc.) but obviously I would like to hear Park West's answers to these allegations and hope you can provide evidence and reassurance that the complaints are unfounded before I publish anything.

I have it on record from a respected art appraiser that there are a number of very questionable practices which Park West has been engaging in and getting away with for years. I would be interested in hearing the Park West side of the story on these practices before I come to any conclusions.

I shall also be contacting GE Money and the Royal Caribbean Cruise Line executives, of course, since some of the allegations concern very questionable financial dealings centering on the use of the special credit card issued by GE Money and others allege collusion between the cruise line operators and the auctions in the reported rip-offs.

Please let me know if you or your client are available for interview and are able or willing to provide information that would justify the perfunctory dismissal of Ms. xxxxx's letter of complaint and to contest the various allegations we have been receiving. I would also like to talk to Mr. and Mrs. Sheepers about Ms. xxxxx's complaint. In this way I can make sure that any articles, reports, etc. present both sides of the picture.

I look forward to hearing from you.

Sincerely,

David

David Phillips
Publications Director
dphillips@fineartregistry.com
Tel: (206) 420 8341
Mob: (415) 694 2269
17519 25th Avenue NE
Shoreline, WA 98155
USA

David Phillips email was completely ignored. We never received a response (not even an acknowledgement) from either Robert Burlington or from any one at Park West Gallery, even though we clearly asked Park West Gallery for their side of the story and for clarification on what was being reported to us as very serious allegations of criminal activity.

Robert Burlington

We knew that Robert Burlington and Park West Gallery were well aware of the complaints we were receiving from victims and we knew that Burlington had received David's email inquiry, because just two days prior to David's email message, on August 31, 2007, Park West Gallery registered and joined the Fine Art Registry Forum (and they are still active members to this day) and posted the following:

Park West Gallery | Joined: 31 Aug 2007 | Posts: 1

Posted: Wed Sep 05, 2007 2:34 pm     Post subject: Park West Gallery

Park West Gallery takes the satisfaction of its clients very seriously, and we are deeply committed to providing our customers with quality fine art and friendly, professional service. If our customers have any questions or feel dissatisfied for any reason, we urge them to contact us toll-free at 1-800-521-9654 ext. 3 – we are happy to address your concerns. Our customer service department is the largest, most highly trained and professional in the art auction cruise industry, and our representatives are available 7 days a week. It is our goal that all of our customers enjoy a pleasant experience with us – from the selection of a work of art for their home or office to the custom framing and timely shipping of the artwork – and we do everything in our power to ensure just that.

Park West Gallery has established itself as a leader in the art and cruise ship art auction industries since our founding in 1969. We have assisted over 1 million satisfied clients over the years, many of whom return to Park West Gallery again and again to continue to build their art collection.

DavidCP – If this is David Phillips, I am sorry that we missed your call earlier this week. Please give us a call back; we would be happy to answer any of your questions and share with you the story of Park West Gallery, and our unparalleled 40-year history.

LGB – We encourage you to contact us toll-free at 1-800-521-9654 ext. 3 to discuss any questions or concerns you may have regarding your purchase from Park West Gallery – your satisfaction is important to us!

We offer our clients the opportunity to apply for a Park West Gallery Collector's Card in order to provide them with a convenient, affordable payment option for their new artwork. All of the terms and conditions are defined in the document each applicant signs before the application can be processed. Customers should contact GE Money, the bank that issues the card, directly with any questions about the card, as they are responsible for all the billing and account transactions.

Park West Gallery goes to great lengths to ensure that the pricing of its art is fair and competitive, and all of the art we provide is certified authentic. Park West Gallery's certificates and appraisals meet accepted industry standards, and come with a money-back guarantee. If a customer disputes the value of their artwork, Park West makes every reasonable effort to verify the value of the work.

dma – We would be happy to address any questions or concerns you may have – please contact us at 1-800-521-9654 ext. 3. Park West Gallery is committed to the resolution of any and all legitimate customer complaints.

LadyG – Park West Gallery cruise ship art auctions are an exciting and entertaining experience. It is because of our commitment to excellence over our nearly 40-year history that the most trusted and renowned cruise lines in the world choose us to conduct fine art auctions aboard their ships. We pride ourselves on our responsible business practices and strong reputation.

FarandAway – Park West Gallery has been a respected and trusted member of the fine art industry since our founding in 1969. Park West Gallery only sells authentic artwork of the highest quality. Sometimes the term "original print" can be confusing. An original print is defined as a graphic work created under the direct supervision of the artist, and approved by his or her signature on the work. These are typically created in limited editions.

We invite you to contact us at 1-800-521-9654 ext. 3 if you have any questions or concerns about an experience you have had with Park West Gallery. All of our customers are important to us, and we pledge to do everything within reason to ensure our customers' satisfaction.

Sincerely,
Park West Gallery

David Phillips did in fact contact Park West Gallery, on September 6, 2007, in response to the invitation in the Park West Gallery Forum Post. This was just days after the email David Phillips had sent to Park West Gallery lawyer, Robert Burlington which went unanswered, though Burlington found plenty of time to phone up a Fine Art Registry member who was eventually successful in getting a refund with our help, to find out all he could about Fine Art Registry. Burlington told this victim and we have the documented evidence to prove it, that he [Burlington] had always advised Park West Gallery to simply refund customers who complained—advice that, to its detriment, Park West Gallery clearly did not heed.

The recording of David's conversation with the Park West Gallery representative follows and speaks for itself.

Again, our attempts to get answers to our very serious questions and concerns went unanswered by Park West Gallery. Despite the invitation from Park West Gallery in the FAR® forum, and Kristin Berry's assurance that she would "get this information together…and find out the right people to talk with and...definitely be in touch soon," we never heard back from anyone at Park West Gallery with answers to our questions.


March 12, 2008 - Fast Forward Seven Months Later - Albert Molina Contacts FAR®

Before Park West Gallery filed its SLAPP lawsuit against Fine Art Registry and before Fine Art Registry was aware of the lawsuit having been filed, Albert Molina, a principal of Park West Gallery (who used to own Fine Art Sales, Inc. before he sold it to Al Scaglione in 1999) called Fine Art Registry CEO, Theresa Franks (this writer) on March 12, 2008 and offered to fly her out to Michigan or to Florida to "meet" with him (and presumably other Park West representatives). Molina told this writer that he had "just discovered" our web site for the first time the day before his call. This was a lie, of course, especially in light of the fact that we had written to Park West and called them the year before (2007) for answers to our questions concerning their bad business practices and were completely ignored, as we have already established above. But Molina prattled on. This writer knew Molina was well aware of the WKMG Florida cruise art investigation at the time of his call.

Molina was clearly trying to buy Fine Art Registry and our silence which is exactly what Park West Gallery did with RipoffReport.com (which touts itself as a "consumer advocacy" organization). That's right. RipoffReport was paid and probably is still being paid a monthly nut from Park West Gallery to suppress valid complaints from being posted. In fact, it was reported to Fine Art Registry by a Park West insider that the first check to RipoffReport from Park West Gallery was $66,000. Some advocacy group - what a joke. In any event, it was crystal clear that Molina had the same in mind for Fine Art Registry - to buy us off. But we don't work that way. We don't accept bribes or pay offs from anyone at any time. The Fine Art Registry mission is to bring order to the world of art – a completely unregulated market. This writer declined to meet with what she told Molina were "a bunch of rattlesnakes."

Other issues were discussed in this phone call concerning the bad business practices of Park West and victim complaints and one complaint in particular reported to us by a pancreatic cancer patient, who is now deceased. In this phone conversation, Molina also asked this writer if we would publish the Park West Gallery side of the story on the Park West Dali inventory and this writer readily agreed and welcomed the opportunity stating to Molina that any "authentication documents" would of course have to be "verified by independent third parties". The March 12, 2008 call ended and Molina phoned this writer a second time on March 13, 2008 to report that Park West Gallery would refund the victim who was dying of pancreatic cancer and to his credit he followed through. A refund check was issued and sent to the victim. What was NOT forthcoming, however, was the Park West Gallery side of the story that Fine Art Registry agreed to print. Fine Art Registry never heard from Molina or anyone at Park West Gallery again - that is, until Fine Art Registry was served with a lawsuit about 30 days later, on April 15, 2008.

Cruise Line Art Auction investigation series

April 15, 2008 - Thirty-One Days AFTER the Phone Call to FAR - Albert Molina's Email to Mike Holfeld

It was on April 11, 2008, through Investigative Reporter, Mike Holfeld that this writer first learned that Park West Gallery had filed a lawsuit against Fine Art Registry. And again, Park West Gallery's main goal in filing the lawsuit against Fine Art Registry was first and foremost to try to convince Mike Holfeld to kill the story he was about to air and it would also serve as a veiled threat to WKMG and Mike Holfeld that Park West Gallery may do the same to them if the story moved forward.

On April 15, 2008, Albert Molina sent an email to Mike Holfeld of WKMG - an email that is quite damning to Park West Gallery. It is important to note that the email was sent to Mike Holfeld at WKMG, 31 days AFTER Molina had called and talked with this writer. This email was recently sent to Fine Art Registry from an anonymous source. Interestingly, Park West Gallery NEVER produced this email in this litigation. Park West Gallery was under an obligation to turn over this email to Fine Art Registry and have purposely suppressed it and/or purposely destroyed the evidence for obvious reasons. The email is printed below in its entirety:

From: Albert Molina [mailto:AMolina@parkwestgallery.com]
Sent: Tuesday, April 15, 2008 5:11 PM
To: Mike
Subject: cruise ship art investigation runs April 25th 11pm

Mike, you did receive a written response from Park West, it was sent directly to your station manager, Henry Maldonado.

The first I knew of any potential story was the voicemail you left on Thursday, April 3. In that voicemail you stated that you had concerns about a client's purchase of a Dali and that an expert said it did not exist as an authentic work of art. There was no other statement regarding another element to a potential story or that a story was necessarily going to take place. (As I retain voicemails I reviewed it again to be sure of the above.)

As I was on vacation I did not get your voicemail until Monday, April 7th, and at that time I phoned you and we spoke for approximately 20 minutes.

On that phone call you said that the expert was Frank Hunter (Frank Hunter and the Salvador Dali Archives of New York are one and the same) and that Terry Franks was not your expert but would also be involved. You never mentioned that the story would be beyond Hunter's claim that the Dali was a fake.

Yesterday for the first time we find out that "cruise art investigation runs April 25th at 11pm" and that "the broader question is the true value of the art being sold on the cruise ships" – I am shocked that 11 days prior to your airing a likely negative and defamatory story about Park West, Park West finds out about the story for the first time from you or anyone at the station.

You will find the material provided, with Mr. Moldanado. Please review it and you will see what we know to be irrefutable evidence that: Mr. Hunter is not a Dali expert but only self proclaimed; He was not an archivist of Dali's work but a photographer: the Salvador Dali Archives is Mr. Hunter under another name; The statements that he has made regarding the authenticity of the Park West Dali artwork are totally false, libelous and slanderous.

Mike, Park West has been in business nearly 40 years and has more than 1,200,000 satisfied clients! Relying on Terry Franks versions of "supposed" conversations she had - "who confirms 30 Park West customers have received refunds for art they felt wasn't worth the value paid" provides you with lies, not the truth. We can demonstrate through private investigators who we have retained that, even in the rare cases where a client has become unhappy, it is Terry Franks and Bruce Hochman who are lying to Park West clients about value and authenticity and attempting to poison them against Park West.

Given the opportunity, we are readily able to provide substantial documentation through independent appraisers for each and every claim of over pricing art attributed to these clients by Terry Franks. Importantly, neither you nor Terry Franks nor anyone has provided us with an example other than the false and slanderous statement made by the "expert" about the Dali artwork sold to the Debellas.

Park West has retained independent A.S.A. and A.A.A. certified appraisers for many years to independently verify the value of its art. Attached are the curriculum vitae of two of them that we have worked with. We can provide evidence of the work they have done in appraising Park West artwork, and the due diligence Park West has done regarding the value of these artworks.

You state that an unnamed expert (I presume this is either Frank Hunter or Bruce Hochman) tells you that the Dali we sold for $18,000 is worth between $350 and $1,100. This is false and we will prove it. Further the value of the frame is significantly higher than $50 but is irrelevant and the fact there are identifying numbers on the back of the work lends to the reliability and documentation of our art.

As you will see in reviewing the material provided to Mr. Maldonado, Park West has provided substantial and in our view irrefutable evidence that Mr. Hunter is not an expert and that the statements made by Hunter and Hochman are false.

Lawsuits have been filed against Terry Franks, Fine Art Registry, and Bruce Hochman, and additional lawsuits are being filed against Terry Franks, Hochman and others this week.

Mike, in talking to you on the phone you sound like a reasonable person who is interested in the truth. You are being lied to by these self proclaimed "experts". The airing of a negative story based on falsehood, and slander is neither in Park West nor your station's interests. We have the truth and can provide it in great detail through independent reliable sources. I would respectfully ask that you slow down and carefully vet the facts.

Sincerely,
Albert

The email confirms that Molina is a liar. In 2009, well into this litigation and more than a year after his email to Mike Holfeld, Molina suddenly and out of the blue fabricated a story that in the phone call he made to this writer, she offered FAR registration services to Park West Gallery and that he or they [Park West] declined our services and it was for this reason, and this reason alone, that Fine Art Registry started publishing articles criticizing Park West Gallery's business practices. This fantasy made up by Molina made no sense in light of the historical facts in this case, not to mention the fact that he initiated the call. It was a manufactured lie spun out of thin air. This is just business as usual for Park West Gallery - they fabricate everything, including representations about its art inventory. Albert Scaglione and other Park West Gallery representatives have also repeatedly told this same this lie to media outlets and in Park West press releases in 2008 into 2009. The documented evidence shows otherwise. As prime examples, we refer back to David Phillips' early September 2, 2007, letter to Robert Burlington and David's recorded phone conversation with Kristin Berry of Park West Gallery to which we received NO RESPONSE.

Funny that Molina didn't mention any offer of a business deal in his email to Mike Holfeld on April 15, 2008. In fact, NOTHING from the Park West Gallery camp sent to WKMG mentions a single sentence or a single word about any so called business proposal by Fine Art Registry. If there were a time to mention such a thing, it would be in the email Molina sent to WKMG, especially when Park West was trying with all its might to kill the WKMG investigative report. Scaglione even went so far as to employ the likes of Eli Zaret (a sportscaster in Detroit) to try to convince Mike Holfeld to kill the investigation - even though later he (Zaret) changed his mind about Park West Gallery and communicated to Mike Holfeld that he (Holfeld) was right all along about Park West. In fact, not only did Molina not mention any proposed business deal to Mike Holfeld, he also never disclosed that he had talked with this writer TWICE and at length a month earlier. It wasn't mentioned by Molina because nothing of the kind EVER happened. For more on the historical the fabrications, falsehoods, and lies by Park West Gallery and its principals, see our October 27, 2008 article titled, "When Smear Campaigns Lie, they Backfire on the Smearer"

The Molina email to Mike Holfeld and others authored by Molina, now in our possession, prove what we already knew to be the truth - Molina is a liar and he lied under oath at his deposition. It should also be noted that Fine Art Registry is in possession of an audio recording of the second phone conversation between Molina and this writer that completely destroys Molina's manufactured story. But these slimy tactics and lies are nothing new. Park West Gallery has cheated and lied and fabricated throughout this entire litigation. The Park West lawyers should have disclosed Molina's email to Fine Art Registry, but then again, they practice law the same way Park West peddles its art, by deceiving, lying, and cheating. This and so much more will certainly be communicated to the jury on the stand at the trial of this matter. No longer will Molina, Scaglione, and Shapiro, or their lawyers be able to get away with churning out falsehoods. It certainly will be a day of reckoning.

Park West Gallery Lawsuit Collection

Note Molina's veiled threat to Mike Holfeld regarding "the airing of a negative story" not being in his "station's interest". Park West Gallery threatened WKMG with litigation, but to WKMG's credit, they pressed ahead. The investigative report aired in spite of Park West Gallery's threats. However, after the investigative report aired, Park West Gallery, ever ruthless in their tactics, later delivered on Molina's veiled threat to Mike Holfeld and filed a legal action against Mr. Holfeld and WKMG in Florida first and when Park West Gallery was not successful there, they took up a second action in Michigan. Thankfully, WKMG and Mike Holfeld PREVAILED. Park West Gallery was spanked by WKMG's lawyers.


The Finish Line

In the two years of litigation that has ensued (and it certainly has been a wild and expensive ride for Fine Art Registry), Park West Gallery and its Keystone Kop legal team have tried every trick in the book to end our existence and anyone else's existence who attempted to challenge their bad business practices. After all, tens of hundreds of millions of dollars were and still are at stake both for Park West and the cruise lines. Park West Gallery has since the beginning tried to intimidate victims, expert witnesses (including Frank Hunter and Nicolas Descharnes) and even the media including Mike Holfeld (WKMG Channel 6 in Orlando) as mentioned above, Cindy Galli (Producer of CBS's Inside Edition), Cahal Milmo (Investigative Reporter for The Independent of London), and others from reporting, speaking out, or giving opinions under oath. A reporter for a television station in Minnesota was threatened by Robert Goldman (one of Park West's legal thugs), and The Artist's Magazine was coerced with threats of legal action into publishing a false rebuttal with falsified photos of an article about their criminal activities, and the list goes on and on.

Although given the opportunity on many occasions, Park West Gallery's CEO Albert Scaglione has never come forward to offer any credible answers to the valid questions we and others have had concerning his company's business practices. As stated above, Fine Art Registry offered to publish Park West's side of the story early on in its investigation. Their continued silence merely confirmed their guilt.

Despite Park West Gallery's SLAPP lawsuit against Fine Art Registry, we were determined that the truth would prevail and so we made a stand and continue to do so to this day. Park West Gallery has been successful over the years using the court system as its sword and when it suits them as a shield as we have amply pointed out on many, many occasions. Park West Gallery has used PR firms to spew their lies as well. Fine Art Registry has fought back mightily and has published a great deal of information concerning Park West Gallery's slick, scheming and devious tactics throughout this litigation and throughout the litigation for which Park West Gallery is suing it own customers - the victims. One only has to read our litigation updates and our investigative articles and videos to realize the depth of what our small team has uncovered and accomplished in spite of the Park West Gallery monster. Robert Goldman (aka The Dancing Bear), hired by Park West Gallery late in the game thought he would waltz in and step on the Fine Art Registry neck and squash us like a bug. Goldman's tired claim to fame is that he once worked for the U.S. Government as an assistant U.S. attorney (big deal), and glued to his side is his little buddy and private dick, Bob Wittman (who once worked for the FBI - retired agents - a dime a dozen) - the two are a package deal. To give our readership an idea of who these two Park West Gallery hired boobs really are, a reliable source recently reported the following to Fine Art Registry:

"Tell me the FBI art fraud squad expert hired by Park West is not ex FBI 'Art Fraud Squad' agent Bob Wittman. We knew him. He was an idiot in search of a way to spell the word 'art.' Contact me if you need a way to deconstruct that self-promoting art fool. It turned out that He [Wittman alone] was THE art squad."

Fine Art Registry did in fact call and interview the source of the quote above. It was an eye opener, but nothing that this writer has not already experienced firsthand during many depositions with the two (Bert & Ernie). Goldman is ignorant when it comes to the art industry and the Internet and even more clueless when it comes to civil litigation. In any event, the source of the quote above personally experienced Wittman on a case he had. They worked together for over eight months and he quickly realized that Wittman knew absolutely nothing about art or art fraud. Then Goldman got involved and he knew less than Wittman.

Needless to state, it should be one heck of an interesting trial. All the personalities will be in attendance. This writer is looking forward to meeting Albert Scaglione and looking into the "whites of his lies". In fact, we are certain the whole Park West Gallery circus will be there, including the Park West Gallery clown, Bernard Ewell. We'll see if Bob Goldman will be able to keep all his civil litigation balls in the air. Jaye Quadrozzi, another Park West lawyer is certain to fly in on her broom to assist Goldman, though she will be called as a witness as to her defamation of Fine Art Registry - not a good thing for a lawyer to be called as a fact witness in the very same case she is supposed to be advocating for her client. Rodger Young who employs Jaye Quadrozzi was recently reported in the media as the lead lawyer on the case for Park West Gallery. Gee, we wonder what happened to Boy Wonder? Was Goldman recently demoted? Oh, that's right, he was probably sent to the dog house after his "shit" comment about the Park West Gallery art. Ouch! That had to hurt. Rodger Young hasn't attended a single deposition in the case (save one and that was Scaglione's first deposition) - he has been as scarce in his appearances in this litigation as Scaglione has. Sure, Rodger can read the deposition transcripts to try to get up to speed for trial (but it's no substitute for being there in person), especially in a case this complicated - well, good luck with that, Rodger Ramjet. This is a case you won't be able to successfully cram for.

The Fine Art Registry line of witnesses will be grand and will include, for example: Sharon Day (traveling from the UK), Frank Hunter and Nicolas Descharnes coming from New York and Paris, France, respectively. We will also feature eminent world document examiner, William Flynn. This writer and David Phillips will also testify among many, many others who are sacrificing their time to come attend the trial of a lifetime.

Dali's Divine Comedy Prints sold by Park West Gallery investigation

There is so much more to be reported to the public and we will continue to do so throughout the trial of this matter. For those interested in attending the upcoming trial please contact for details on dates and times.

Coming Soon. Litigation Update No. 13

Lucky Litigation Update No. 13 will uncover and disclose some scorching and shocking evidence that has just come into Fine Art Registry directly from a Royal Caribbean contact - hard, documented evidence that isn't good for Royal Caribbean's recently filed Motion to Dismiss the nationwide class action litigation. And referring to the Royal Caribbean Motion to Dismiss, since when is Park West Gallery considered a "service" within the meaning of the Royal Caribbean cruise contract? That's a bit of a long stretch, isn't it? Park West Gallery sells goods - NOT SERVICES. And as far as pleading with SPECIFICITY on the class action litigants' RICO claims, there just happens to be plenty of specificity! I bet Royal Caribbean cruise executives will want to boil the source of our information in oil when we are done exposing what we have.


RSS Feed Receive our Latest News & Updates:

Park West Gallery Litigation Updates
  1. Park West Gallery and its Astounding Experts and Legal Contortionists
  2. Park West Gallery Caught Between a Rock and a Hard Place?
  3. Park West Gallery Hornet's Nest of Litigation, Update on Nationwide Class Actions
  4. Do Bernie Ewell or his Lawyer Have a Clue?
  5. Park West Gallery Up Against the Ropes and More Remarkable Developments
  6. Park West Gallery Lawyers' Hasty Court Filing Throws Open Pandora's Box
  7. Park West Gallery Drags Royal Caribbean into Its Cesspit of Controversy
  8. Corruption, Manipulation, Deceit and Worthless Park West Gallery Appraisals
  9. Michigan Court Judge Enters Multiple Formal Judgments Against Park West Gallery
  10. Michigan Court of Appeals Spanks Royal Caribbean - AGAIN!
  11. Six Blistering Amended Complaints Filed Against Park West Gallery and Accomplices
  12. Fine Art Registry® to Square Off with Park West Gallery in Port Huron, Michigan
New Video Series of Litigation Updates
Fine Art Registry® invites you to tune into a series of new videos featuring CEO and Founder Teri Franks as she confronts the self-proclaimed "World's Largest Art Gallery" Park West Gallery. Brought to you as it happens! Be sure to stay tuned to the cliff hanger sequences.
Fine Art Registry Video - Intro to New Video Series of Litigation Updates

  1. Litigation Update #13, Video Series
    1. Part 1 - "Bury the Truth", Park West Gallery Style
    2. Part 2 - Park West's Motion in Limine 1 and 2
    3. Part 3 - News Flash! Court Order on Park West's Emergency Motion to Compel
    4. Part 4 - Park West's Motion in Limine 3 through 10
    5. Part 5 - "In Defense of Truth" Affidavit of CEO Teri Franks vs. Park West Gallery
    6. Part 6 - Park West's Motion in Limine 11 through 17
    7. Part 7 - "Oh the Drama"
    8. Part 8 - "It's An Eye Opener"
    9. Part 9 - "Peeling the Onion"
    10. Part 10 - Fine Art Registry Responds to Limine #12, Part 1
    11. Part 11 - Fine Art Registry Responds to Limine #12, Part 2
    12. Part 12 - Park West files Another Motion to Silence Fine Art Registry
    13. Part 13 - Park West enters into a game of "Dirty Pool"
    14. Part 14 - Outrageous Conduct Exhibited by Park West Attorneys
    15. Part 15 - Letter from Fed's and "Grand Jury Investigation"
  2. Litigation Update #14, Video: Jury Trial in Michigan Begins
  3. Litigation Update #15, Video: Michigan Trial - Day 4, Scaglione takes the Stand
  4. Litigation Update #16, Video: Michigan Trial - Day 5, Fine Art Registry is Alive, Well and Still Fighting
  5. Litigation Update #17, Video: Michigan Trial - Weekend Update
  6. Litigation Update #18, Video: Michigan Trial - Albert Molina to Take the Stand Soon
  7. Litigation Update #19, Video: Michigan Trial - Half Truths and Perverted Truths
  8. Litigation Update #20, Video: Michigan Trial - Coming to the Stand Bob Wittman
  9. Litigation Update #21, Video: Michigan Jury Trial-Day 6 - How Provenance Relates to Artwork - Part 1
  10. Litigation Update #22, Video: Michigan Jury Trial-Day 6 - How Provenance Relates to Artwork - Part 2
  11. Litigation Update #23, Video: Michigan Jury Trial-Day 7- Albert Molina-Lies! Payoffs! Gross Distortions!- Part 1
  12. Litigation Update #24, Video: Michigan Jury Trial-Day 7- Testimony of Park West VIP Customer "Backfires" - Part 2
  13. Litigation Update #25, Video: Michigan Jury Trial-Day 8 - "Shady" European Sources of PWG Dali Prints
  14. Litigation Update #26, Video: Michigan Jury Trial-Day 9 - Purported Signatures of Salvador Dali and Manufactured Blind Stamp-Part 1
  15. Litigation Update #27, Video: Michigan Jury Trial-Day 9 - Park West Gallery Up to Its Old Tricks-Part 2
  16. Litigation Update #28, Video: Michigan Jury Trial-Day 9 - Book Entitled ART CRIME Exposes Glaring Similarities to PWG Dali Provenance-Part 3
  17. Litigation Update #29, Video: Michigan Jury Trial-Weekend Update 3/28/10 - Revealing Emails from Park West Gallery Ex-Auctioneers - Part 1
  18. Litigation Update #30, Video: Michigan Jury Trial-Weekend Update 3/28/10 - Raffle Art Deception Exposed by PWG Ex-Cruise Ship Auctioneer -Part 2
  19. Litigation Update #31, Video: Michigan Jury Trial-Day 10 - PWG Relies on Status of Ex-FBI Employee-Bob Wittman - Part 1
  20. Litigation Update #32, Video: Michigan Jury Trial-Day 10 - Bob Wittman Handed Keys to Park West Gallery Kingdom - Part 2
  21. Litigation Update #33, Video: Michigan Jury Trial-Day 11 and 12 - Hostile Witness Called!
  22. Litigation Update #34, Video: Michigan Jury Trial-Day 13 - PWG "Star Witness" Bernard Ewell His Blog and Infamous Posts-Part 1
  23. Litigation Update #35, Video: Michigan Jury Trial-Day 13- Park West Gallery "Expert" Ewell Puts on Spectacle(s) in Court - Part 2
  24. Litigation Update #36, Video: Michigan Jury Trial-Day 14 - Park West Gallery Presents: A Drama, Starring; Mary Gordon and Cast - Part 1
  25. Litigation Update #37, Video: Michigan Jury Trial-Day 14 - Another Hostile Witness - Publications Director, David Phillips - Part 2
  26. Litigation Update #38, Video: Michigan Jury Trial-Day 15 - Park West Damage Expert Simon Says: $46,000,000.00 In Damages! OUTRAGEOUS!!
  27. Litigation Update #39, Video: Michigan Jury Trial-Day 15, Part 2 - Park West Gallery Sandpapers, Varnishes and Glosses Over Provenance
  28. Litigation Update #40, Video: Michigan Jury Trial-Day 16, Part 1 - Park West Gallery Rests its Case! An Anti-climax!!
  29. Litigation Update #41, Video: Michigan Jury Trial-Day 16, Part 2 - Introducing World Renowned Dali Expert, Nicolas Descharnes from Paris
  30. Litigation Update #42, Video: Michigan Jury Trial-Day 17, Part 1 - Park West Gallery Victim, Debbie Austin Testifies for Fine Art Registry
  31. Litigation Update #43, Video: Michigan Jury Trial-Day 17, Part 2 - Object To This! Object To That! Object To Everything! Especially The TRUTH!!
  32. Michigan Jury Trial-Day 19 - Three World Renowned Experts "Agree" PWG Dali Inventory Examined Prints "FORGED"
  33. Michigan Jury Trial-Day 18 - Conversation With Fine Art Registry CEO and Dali Experts
  34. Michigan Jury Trial-Day 20 - Park West Gallery and Counsel Laugh At Victims' Compelling Testimony! Where Are The Ethics???
  35. Michigan Jury Trial-Week End Update 4/10/2010 - "How To Get Flim-Flammed At Sea" Told by PWG Ex-Auctioneers
  36. Michigan Jury Trial-Week End Update 4/10/2010 Part 2 - "Send In The Clowns" & The Rest of Rouges Gallery!
  37. Michigan Jury Trial-Week End Update 4/10/2010 Part 3 - Fine Art Registry Beginning 5th Week of Historic Art Trial
  38. Michigan Jury Trial-Day 21 - PWG Required Victim to Pay $26,000.00 In Money Orders for Art Purchased! - What???
  39. Michigan Jury Trial-Day 22 - CEO Teri Franks Takes the Stand! "LET R' RIP"
  40. Michigan Jury Trial - Day 23 - Fine Art Registry CEO Teri Franks Stands Her Ground!
  41. Michigan Jury Trial - Day 24 - War Zone! Witnesses Testify of Park West Gallery Collateral Damage - Part 1
  42. Michigan Jury Trial - Day 24 - Fine Art Registry Witness: Samantha Algar "There's A Point in Life Where You Have to Do The Right Thing!" - Part 2
  43. Michigan Jury Trial - Day 24 - Sharon Day - PWG Victim Defrauded of Close to Half Million Dollars! - Part 3
  44. Michigan Jury Trial - Day 24 - PWG Albert Scaglione Leaves Courtroom BEFORE Sharon Day Takes Stand! - Part 4
  45. Michigan Jury Trial - Day 24 - Penny Tyler Exposes PWG Auctioneer Training on Land and Sea - Part 5
  46. Michigan Jury Trial - Day 24 - Park West Gallery's Ex-Auctioneer & Former Trainee Speak Out! - Part 6
  47. Michigan Jury Trial - Day 25 - We've Had Our Day In Court - FAR® Case Concluded! - Part 1
  48. Michigan Jury Trial - Day 25 - Auctioneer Trainee for Park West Gallery DISMISSED! "Too Much Art Knowledge"
  49. Michigan Jury Trial - Weekend Update 4/17/2010 - Divine Providence Allows Sharon Day to Testify for FAR®!
  50. Michigan Jury Trial - Weekend Update 4/17/2010 - Sharon Day: "Without Fine Art Registry Where Would We Be?"
  51. Michigan Jury Trial - Weekend Update 4/17/2010 - Park West Gallery Fabricates Bogus Invoice for Sharon Day and Julian Howard - Part 3
  52. Michigan Jury Trial - Weekend Update 4/17/2010 - "Buyer Beware Does Not Apply to Fraud" Sharon Day - Part 4
  53. Michigan Jury Trial - Weekend Update 4/17/2010 - "That Little Plywood Box" Was Owned by PANDORA! - Part 5
  54. Michigan Jury Trial - Weekend Update 4/18/2010 - Fine Art Registry Witness PWG Ex-Employee Lynn Mesrobian Testifies to Oppressive Work Atmosphere - Part 6
  55. Michigan Jury Trial - Weekend Update 4/18/2010 - Park West Gallery's Un-Limited Editions - Run Out? - Simply Print More! - Part 7
  56. Michigan Jury Trial - Day 26 - We've Run the Race and Fought the Good Fight! - Jury Deliberates! Part 1
  57. Michigan Jury Trial - Day 26 - Samantha Algar: Describes Court Proceedings Metaphorically - Part 2
  58. Michigan Jury Trial - Day 26 - Sharon Day Back By Popular Demand - Part 3
  59. Michigan Jury Trial - Day 26 - PWG Closing Argument.... Never Mentioned Defrauded Victims Who Testified - Part 4
  60. Michigan Jury Trial - Day 27 - Royal Caribbean Cruise Lines Enables Park West Gallery Corruption to Continue!
  61. Michigan Jury Trial - Day 27 - Historic Art Case! WE WON AND WE WON BIG!!
  62. Michigan Jury Trial - Day 27 - Victorious and Homeward Bound!
  63. Michigan Post Jury Trial - 4-22-2010 - Fine Art Registry® CEO Speaks With Her Legal Team: Donald Payton and Jonathan Schwartz of Kaufman, Payton and Chapa P.C.
New Post Trial Video Series: Truth to Power
  1. Litigation Update #76 - BREAKING NEWS on Fine Art Registry® Jury Verdict
  2. Litigation Update #77 - Round 2: Defendants Park West Gallery and Royal Caribbean to Face Victims and Fine Art Registry in November 2011 Jury Trial

— by Theresa Franks  |  February 23, 2010

Print   |  




back to top

The views and opinions of individual authors/contributors expressed on the FAR® web site do not necessarily state or reflect those views and/or opinions of Fine Art Registry® or its agents or subsidiaries.