Two dueling lawsuits have undermined authenticity decisions by the Dedalus Foundation for Robert Motherwell works of art, adding instability to the vast Robert Motherwell market, where desirable unique works on canvas sell for millions.
The lawsuits underscore a tendency by the Dedalus Foundation to frequently flip flop on authenticity decisions concerning purported artworks created by Robert Motherwell, resulting in tension nod market instability to art collectors, galleries and museums.
The two lawsuits filed in the United States District Court in March, 2009 are summarized in these court documents:
The Robert Motherwell Lawsuits raise these issues:
- Is the Dedalus Foundation providing impartial authenticity decisions concerning purported Robert Motherwell Works of Art?
- Is the Foundation acting in the best interests of Robert Motherwell?
- Or as described in the Banach lawsuit, is The Foundation operating in the best interests of certain individual Board Members?
- Are authenticity decisions made unilaterally or by formal committee?
- How frequently does the committee meet?
- Is there a formal authenticity procedure followed for each work of art that is submitted?
According to the New York Times, Joan Banach, cataloguer and curator for Robert Motherwell, was fired by the Dedalus Foundation because she "abused her access to Motherwell’s studio, stealing his work, some of which she sold for her own benefit in a breach of fiduciary duty."
The complaint adds Ms. Banach, was “caught secretly trying to sell undocumented, unrecorded Motherwell works that have no studio inventory numbers and for which Dedalus Foundation has no records.”
Ms. Banach consigned two Motherwell works to Christie’s in July 2008, gifts by Motherwell. According to Banach's lawsuit, Mr. Flam, who did not realize the two Motherwell works had been consigned by Ms. Banach, "told Christie’s the two lots were not authentic."
Mr. Flam subsequently flip flopped on his initial opinion, Ms. Banach’s lawsuit states, and subsequently then assured Christie's the two Motherwell works were actually authentic. Asked why she sold the two Robert Motherwell works, Banach responded by stating “I needed the money.”
In its lawsuit, the Dedalus Foundation acknowledged the incident, but admitted it made Mr. Flam “appear unprofessional and incompetent, inasmuch as Dedalus and its President did not even know of the existence of Motherwell works consigned by one of its own longtime board members.”
This episode underscores the importance of the Banach lawsuit; just how careful has the Dadalus Foundation been regarding authenticity decisions concerning Works of Art created by Robert Motherwell?
Other recent Dedalus Foundation flip flops concerning Authenticity decisions have made some Dedalus Foundation board members so concerned, the Foundation purchased a $2 million liability policy.
According to the Ms. Banach, in 2007, Mr. Flam made conflicting determinations about "two purported Robert Motherwell’s "Elegy" paintings without committee input."
Initially, Ms. Banach asserts, "Mr. Flam stated both "Elegy" paintings were authentic but later reversed the decision, declaring the two paintings as forgeries."Asked later by Mr. Flam and Morgan Spangle, the Foundation’s Treasurer, to review the two "Elegy" Paintings, Ms. Banach reversed the opinion, and found each to be "Authentic Art by Robert Motherwell".
In another instance, Ms. Banach said that Robert Motherwell himself had in the 1980's determined that a work on paper that was purported to be his, was actually fake, but that Mr. Flam later said this purported "fake" was now "authentic".
It is incumbent upon the court to review authenticity procedures and ensure Dadelus Foundation board members have no financial interest in any Robert Motherwell Artwork for sale, including associates who may be family members.
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