Boris Kuznetsov, a famous Russian lawyer, now living in the U.S. were forced to
The lawsuit against the New York gallery Bekkerman Anatolia. The facts and arguments.
August 5, 2011, Author: Boris Kuznetsov
Gallery owner ABA Gallery Anatoly Bekkerman. Photo from archive of Bekkerman. © RUNYweb.com
Recently, the Russian media I came across a publication of the claim of some of the Luxembourg Arthur Properties, which filed a lawsuit in a court of the Southern District of New York for more than $ 9.6 million to the gallery ABA Gallery in Manhattan, specializing in Russian art. Lawyer Arthur Properties claims that the company was misled when buying 18 works of Russian art XIX-XX centuries: the price of 14 paintings by the plaintiff, has been greatly exaggerated, but four of the canvas were a hoax.
The purchaser, according to some newspapers, is a Ukrainian millionaire and MP from the Party of Regions, Alexander Savchuk.
I found interesting this publication for several reasons: the owner of the ABA Gallery Anatoly Bekkerman familiar to me, a few years ago, before the exile, I was at his gallery and saw a huge (about 3x2 meters) oil on canvas by Ivan Aivazovsky, "Seascape with Peter the Great" referred to as sold at an inflated price for the $ 4 million
Читать дальше...
Interestingly, this work has been represented on the postcards late XIX - early XX century under the name "Storm". Nikolay Levchenko from Theodosia, who has the most complete catalog of works by this artist, reported that in vivo biographer, Ivan Aivazovsky - NN Kuzmin, a monograph in 1901, this work is mentioned under the name "Peter the Great in the Finnish archipelago, feeding the signal their ships. " Paint a picture in the years 1899-1900 and was exhibited at the beginning of March 1900 at the house of Count Olsufyeva. There is a photograph, which depicts the artist at work on this product.
In comparison with other works by Aivazovsky, a rare painting. It shows a real historical event with the character of Russian history are crucial in the history of Russia. Many years ago, when I started work at the Leningrad criminal investigation and the disclosure involved theft of art treasures, I do not just have to deal with fake paintings. All the years I was interested in methods of recognition, "falshaka" by technical means.
The question of selling paintings at an inflated price looks weird. Thus, the petition states that the said Aivazovsky overvalued by about 80 percent. The question arises: "Why do some 80 per cent rather than 81.5 percent?" Since the Roman law known principles of contractual freedom and autonomy rights. This means that a person has the right to decide whether or not to enter into contractual relations, and also has the right to broad discretion in determining the terms of the contract, its form, method of achieving it.
One of the main conditions of the contract of sale is the price. In other words, you want to buy Aivazovsky at a price that the seller offers, buy. You do not want to buy - free.
While the plaintiff does not motivate the thesis of inflating prices, but one of the sites I found a message that at the same time (2007) was sold by Aivazovsky painting is three times smaller, without a historical subject, at a price of over $ 5.4 million
What matters is the fact that we know the story of how the painting came to the United States. In the 40 years high, this work was purchased by an American diplomat and exported to the U.S., being the major work of Aivazovsky on U.S. soil. Even in 1994, when the demand for Russian art has been minimal, this picture could be worth more than $ 1 million
In 2007-2008, prices for works by Russian artists were highest, interest in them is great, but an investment perspective. From this perspective, adoption of Representatives Arthur Properties, the real price of linen is $ 800 thousand, it seems ludicrous.
But back to the forgeries. According to representatives of the plaintiffs, Ivan Shishkin's painting "In the forest," for which they paid $ 1 million, turned out to be fake. On the pages of Ukrainian newspaper "Segodnya.ua" for July 15, 2011, is a fake picture of the image with the caption:
"In the forest," Shishkin. Forgery of the work he bought for $ 1 million Savchuk. "
Whether the buyer is something mixed up, or whether the journalists were wrong, but that this pattern may Savchuk, neither of Arthur Properties not sold, and sold another picture.
Ivan Shishkin, "On the edge of a birch grove." An example of the "Album of Russian painting"
This photo was taken from me, "Album of Russian art," which was published during the life of the artist.
I have seen and the conclusion of experts who studied the painting Shishkin, and representatives of Alexander Savchuk enter into the lawsuit. In conclusion, the experts have no categorical statement that the painting is a forgery.
After Anatoly Bekkerman found and bought the fabric, it has been identified by leading experts as a lost masterpiece Shishkin. The world-renowned expert on Russian art has given expert opinion on the authenticity of "On the edge of a birch grove." He also confirmed the authenticity of the other work referred to in the lawsuit - "The Roman family on vacation," Semiradsky, which is also considered re-open masterpiece.
As for the latter two works whose authenticity is questioned, then own expert acknowledged Mr. Savchuk picture Bakalovicha "Friends of supper," the script, and he came to the conclusion that "Magnolia" Goncharova - fake. His, however, disturbed that he could not find a signature Goncharova, but a clear and legible signature of the artist visible on closer examination in the lower right corner of the picture.
Of course, this process will cause, and is harmful to the owner of ABA Gallery Anatolia Bekkermanu - one of the leading experts in the world of Russian art, which for over thirty years, is known for recognizing and determining the value of rare and important works of Russian artists. In addition to the placement of numerous works of Russian art in major private collections and museums in Europe and the USA, he helps leading museums of Russia to replenish their collections, finding and identifying them for historically significant works of art. Otherwise they would have been lost forever.
Bekkerman also collaborates with several Western and Asian museums in promoting, finding sponsors and organizing major exhibitions of art and artists of Russia. Even if he wins the lawsuit, to restore the reputation will take time and do not hide the fact that money.
For me, and not just for me, opened Bekkerman artist David Burliuk. Exhibition of paintings by the artist from the collection of ABA Gallery in Moscow made a shock culturalism. Prices rose leaf Burliuk orders.
In Moscow, as were exhibitions by artists Boris Grigoriev, Konstantin Korovin and Natalia Goncharova. These exhibitions are also cultural events.
Now I have a folder on the table picture Bekkerman, published in the winter of 2010, which not only well-known names: Aivazovsky, Makovsky, Korovin, Somov, Sudeikin and many others, but, more importantly, each of these works the museum level. Next to a photograph of each of the paintings have the price at which similar paintings by the same authors evaluated on auctions worldwide. For the reader, and the buyer is a landmark of world market prices, as well as evidence of the transparency of the gallery Bekkerman.
What I am unpleasantly surprised, because it is published in Russian newspapers of America. Here are a few names. The newspaper "Kurier" for July 22, 2011: "Ukrainian MP" divorced "ten million"; "Davidzon newspaper" for July 13, 2011: "Fake Aivazovsky."
To be fair, the journalist Vladimir Kozlovsky, not only recounted the contents of the claim, but also interviewed other persons, for example, one of the owners of Gallery of Russian Art in Jersey City, Margot Grant, which confirmed the reputation Bekkerman. And the author who gave the title of this publication seems to be the edition «Davidzon newspaper" because of no false Aivazovsky no claim, nor in the article are not talking.
Do not rule out that after the verdict in the trial nyuyorkskogo Southern District, there will be a few lawsuits to defend his honor, dignity and business reputation and Anatoly Bekkerman ABA Gallery.
As for Alexander Savchuk, who, no doubt, initiated this lawsuit, and then by the biggest scandal unfolded in the Russian artistic medium, I think in the history of the last time, in his place I would have thanked Anatoly Bekkermanu for creating a collection of masterpieces Russian painting of the late XIX and XX century. And as counselors can recommend him to pick up the consultants simply clever fellow.