The ups and downs of bovine carcasses

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Washington National Gallery returned by a judicial decision to the heirs of the private collector's famous painting Soutine.

Mitchell Martin
ARTINFO, 1.06.2009

As the court documents, in June 1981, a Canadian citizen Dzhols SHefner during his stay in Paris, bought for 88,000 dollars "bull's carcass - one of 10 paintings depicting the butcher shop, a representative of expressionism in paintings of Chaim Soutine. The picture was sent to her home in Montreal, where she stayed in the living room of Ms. Shefner until the spring of 2004

Over time, the picture has become more expensive, and in May 2004, Ms. Shefner sold it for $ 1 million, and six months later the Washington National Gallery bought it for 2 million

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One of two things: either for 6 months between the two transactions, quote Soutine had soared, or someone made a very bad deal. Heirs of Ms. Shefner argue that after smetri their mother in 2007, they discovered that she had been deceived. They filed a lawsuit against two mediators - the New York expert on Soutine, and Maurice Techmena Truth Dyunou who participated in the sale of paintings by Ms. Shefner and buy its National Gallery, as well as against most of the National Gallery.

Messrs. Techmen and Dyunou are mzvestnymi researchers and authors of the union catalog of Chaim Soutine. Therefore, the heirs Shefnar accused them that they have abused their knowledge of the art market to convince the owner to sell her paintings on the lowered price and receive this benefit.
In addition, the heirs argued that the National Gallery was to blame for that, did not investigate the origin of the paintings and, accordingly, did not find this dubious deal, and therefore it should return the painting to the family Shefner.

A key element of the case discussed in the Manhattan court a month ago, was the fact that in support of their proposed prices for now Messrs Techmen and Dyunou showed Ms. Shefner Soutine list of works sold from 1994 to 2004, which was absent More than a dozen of sales exceeding 1 million

Messrs. Techmen and Dyunou previously never publicly accused of dishonesty, rejected the accusations. They claimed that Ariel Brown, daughter of Ms. Shefner and one of its successors, to request an independent evaluation of their paintings in the auction house, which is also now rated at 1 million.

However, for the termination of the case, they agreed to pay 210,000 dollars and came to a fairly complex agreement between the parties on which picture should go back to the heirs of Ms. Shefner, and the National Gallery - to receive money paid for a painting and a small compensation for the damage to her psychological harm.
With regard to the National Gallery, its interests will not suffer any damage: in addition to the amount paid to Mr. Mi Techmenom and Dyunou she receives from Brautsn Ariel and her brother, Barry Shefner, 1325000 dollars in cash and a promissory note for 650,000 dollars, which should be repaid over 7 years. Thus, the entire museum will pay 2185000 dollars, representing the amount paid to purchase paintings, as well as legal fees.

Gallery will hold a picture with the right to stand her up to the full repayment of debt obligations.

Counsel Techmena Dyunou and stated that his clients agreed to pay the above amount for the termination of a long and costly trial that they were not convicted on any charges.

As defendants in a legal case were identified as two legal entities - the Parisian gallery Cazeau-Beoder and Lontrel Treding - supposedly a Swiss brokerage company.
Messrs. Techmen Dyunou and said that they came in contact with Ms. Shefner commissioned by the gallery Beoder Cazeau-sponsored union catalog Soutine, who wanted "to act anonymously," as it "usually takes place in the world of art." Family Shefner, for its part, argues that the relationship linking experts with the buyer, had been concealed from Ms. Shefner that touch on the sale of paintings bought by the firm Lontrel Treding, and that they were led to believe that Lontrel Treding represents a group of Swiss private collectors .

The heirs claim that the National Gallery has attempted to buy almost simultaneous with its sale of Ms. Shefner, and that even the price of $ 2 million was understated compared to the market price on the product Soutine, citing as proof the fact that at this time a still life Soutine was sold for $ 5 million, and one portrait - for $ 6 million. In their view, the cost of painting from the famous series of "bull carcasses" should surpass the cost of each of the sold works.
Barry Shefner and his sister, Ariel Brown, helped his mother in negotiations with Techmenom and Dyunou, but they said that their participation was limited to simple telephone calls, and the decision she took one.

Manufacturer Lontrel ignored all the charges, simply did not respond to requests from the court. Gallery Cazeau-Beoder sent to the court a letter signed by Daniel Caso, the widow of one of the founders of the gallery. In it she explains that her husband, Jacques Cazaux, died in August 2007, and that it eliminates the gallery lacks the means for legal action in America, concluded his letter thus: "I find it hard to understand how a man sell his now, at a price that was the market at the time of the transaction, may try to place responsibility for this deal to our firm, which has never been in contact with him ».