Creating "Provenance"
Park West Gallery and Salvador Dali Prints

Dali Fakes #8

by Theresa Franks, for Fine Art Registry®

In its investigation of Dalí prints sold at cruise ship art auctions, Fine Art Registry® has found that, in addition to bearing forged Dalí signatures, much of the provenance provided by Park West Gallery to support the authenticity of the graphics it has sold, is spurious, hopelessly incomplete or intentionally confusing and misleading.

Much of the information concerning the provenance surrounding how, when, and where, the so-called Dali signatures were applied is either completely omitted from the provenance or history of the acquisition by the art dealer or mischaracterized. This means that the provenance as supplied to buyers at shipboard auctions and at many VIP or land-based auctions conducted by Park West Gallery is spun out of thin air. The precise mechanism used is to "create" the provenance. Incredibly, this includes Park West Gallery employees affixing an editor's blind stamp (an embossed mark used by artist, editor or publisher of a print or series of prints) and in particular, the blind stamp of the editor of Les Heures Claires, publishers of the Divine Comedy, to the Dali graphics and having a staff member add hand annotations or numbering in pencil and even in ink and paint on the surface of the print itself in order to give the impression of increased value and as an additional "proof of provenance" for the collection of Dali prints being sold.

© 2009 Global Fine Art Registry, LLC.

Over the past two years of our investigation into cruise ship art auctions, facts surfaced from various sources that Park West Gallery was in fact affixing blind stamps or chop marks, and hand writing annotations (numbering or lettering) to the face of various prints of the Dali Divine Comedy and Biblia Sacra prints and graphics. It should be noted that this is an unacceptable business practice. These marks, numbers and letters may only be placed on graphics by the artist himself or herself or the editor or publisher of the prints. No one else.

The vast majority of the Dali prints sold by Park West aboard cruise ships have been the Dali Divine Comedy wood cuts. Biblia Sacra prints have been marketed and sold too, but not in the same quantities.

Some facts to know about the Divine Comedy prints being sold on cruise ships:

• The graphics were produced or printed by Les Heures Claires, Paris, decades ago in the 1960s, more than 30 years before they commenced to selling them on cruise ships.
• The Divine Comedy sold aboard cruise ships are from the most popular Jean Estrade edition with a total of 4,765 complete sets. Two more sizable editions were also published, meaning that the edition cannot even remotely be considered rare or scarce. There are more than a million of these prints in circulation from various editions that have been printed over the years.
• As issued by the publisher Les Heures Claires, the Divine Comedy prints were not numbered, nor is there any evidence that hand numbering or any other form of numbering system was ever intended to be applied by Les Heures Claires or the Editor, Jean Estrade or by Dalí himself. We find no examples on the market today that evidence any planned or anticipated hand numbering system by the publisher at the time of printing.
• The Jean Estrade prints were not issued with a blind stamp or chop mark affixed, or applied to the prints. This "blind stamp" was developed or manufactured decades later-in fact, at the time of the acquisition of these graphics by Park West.
• The prints were also not issued signed by the editor, Jean Estrade, verso (on the reverse) of the print. Again, as far as we have been able to determine from our investigation, the signatures applied to the reverse of these graphics, bearing the names of different individuals such as Jean Estrade and Antoine Branducci did not appear on the market until decades later and are exclusive to Park West Gallery.
• And most importantly, the prints were NEVER issued with a pencil signature of Dali, nor were they ever intended to be signed by Dali, except for the few exceptions which are listed in the official catalogues of Dali's graphic works.

To illuminate the serious nature of why creating provenance for works of art is not the standard, rule, or custom and should never be considered legitimate, lawful or valid, it is important first to clearly define certain terms and processes commonly used in the art industry that will help make it clear for those who may be new to collecting or for those who may not fully understand the critical importance of the validity of a "line of descent" of an art object:

"CREATE" or "TO CREATE"

It is never permissible to "create" provenance for an art object, especially by a third-party dealer who had absolutely nothing to do with the creation of the art object. The word "create" is defined as follows: to concoct, to conjure up, to devise, to construct, or to manufacture. To cause to come into being, as something unique that would not naturally evolve or that is made by ordinary processes. To cause to happen; bring about; arrange, as by intention or design.

To create a work of art is one thing. But to create provenance for the artwork by an unauthorized third-party without disclosure to the buyer or prospective buyer is something altogether different. It is unconscionable to believe that an art gallery would do such a thing, but it is being done and has been done for more than a decade by Park West Gallery.

PROVENANCE

The word "Provenance" is derived from the French word provenir, "to come from", meaning the history of origin and subsequent ownership or location of an object from its creation to the present. As the term relates to a work of art, and in this case Salvador Dali graphics, the purpose for, or the act of, establishing provenance is to confirm or gather evidence as to the time, place, and if appropriate the person or persons responsible, for the creation, production or discovery of the object and its entire subsequent history of ownership. Provenance is the record of all known previous ownership and locations of a work of art back to its original creation or discovery. This requires tracing the totality of or the complete and entire history of the art object up to the present time. It is important to understand that when establishing or "proving up" provenance - NOTHING SHOULD BE OMITTED. To do so would render the provenance seriously flawed and obscure the historical truth about the art object.

It should also be recognized that additional disciplines and techniques can be used to help establish provenance, such as expert study, research and opinions, and the results of various kinds of scientific or forensic tests. However, establishing the provenance of an art object is a matter of documentation - the chronological history of the art object as it exists from the moment the object was created.

Most certainly "provenance" should NEVER be manufactured or created or falsified.

THE BLIND STAMP

Blind stamps (also known as embossments, chops, or dry stamps), are made by pressing a metal stamp into the paper. Public notary seals are a prime example of a dry stamp. They are "dry" because they do not use ink, simply the pressure of the stamp into the paper. A notary would not allow his public seal to be used by another, would he? The same can be said for the blind stamps or chop marks that identify works of art and especially works of art that are represented to have the involvement of famous masters such as Salvador Dalí. Blind stamps or chop marks can be seen if the paper substrate the stamp is applied to is held up at an angle to a light source. The blind stamp or chop mark will usually contain the artist's, publisher's, printer's, or workshop's logo.

The blind stamp is a very important distinguishing mark for the artist, printmaker, publisher, or workshop, and is usually placed at the bottom of the print on either the left or right side, beneath the image itself, and is added after the printing by the artist, publisher, or printmaker, and except in very rare cases (see below), always BEFORE distribution or sale of the artwork.

© 2009 Global Fine Art Registry, LLC.

In order to maintain the integrity or the reputation of the artist, publisher, printmaker, or workshop from which the prints are sourced, it is critical to ensure that the blind stamp does not fall into the hands of those who may abuse it. For example, prior to distribution from his studio, Swiss artist, Karl Bodmer would mark each print with his blind stamp, an embossed seal bearing his name and position as director of the studio, thereby signifying that the prints he produced had his approval and the prints originated from his studio, adding value.

On rare occasion when an artist is deceased, the artist's estate may be authorized to apply a posthumous blind stamp or chop mark to prints permitted by the artist to be pulled after the artist's death. If indeed this is permitted and authorized, the provenance documents provided to the buyer should reflect that it is a posthumous work or production. In other words, transparency and disclosure are critically important to accuracy and integrity.

The proof of authenticity and the ultimate value of an art object entirely turn on established, incontrovertible provenance. It is not enough to guess, presume, speculate, imagine, suppose, dream up, or create a provenance. Provenance must exist in the form of genuine documentation - it should never be artificially manufactured or contrived on demand.

The Divine Comedy prints addressed here are exclusive to Park West who markets and sells them and continually represents them as "hand-signed" by Salvador Dali.

Given the above-referenced definitions of what the art industry employs as an acceptable standard to establishing provenance and therefore authenticity, it is important to point out facts concerning the true origin or line of descent of the Divine Comedy prints (from the Estrade Edition) that have been exclusively marketed by Park West Gallery for over a decade and in fact are still selling aboard cruise ships.

© 2009 Global Fine Art Registry, LLC.

The following represents accurate and truthful information on the Divine Comedy graphics and how the concocted provenance for these graphics and the inventory sold commercially both at sea and on land has been proffered to buyers. Park West has concealed or omitted much of the information surrounding certain aspects of the so-called provenance it has manufactured as well as the origin of how these prints came to market, and have hidden these facts from purchasers who have a right to know and who have paid princely sums for the graphics - critical facts and information that, if they had been disclosed or made known to the public prior to purchase, might have caused purchasers to give serious pause as to the authenticity of the prints as well as to the validity of the Certificates of Authenticity and appraisals. Most cruise ship art buyers trusted in the cruise line on whose ship they sailed and also trusted that the artwork as it relates to the Dalí graphics being marketed or sold "at auction" was as represented by the Park West’s agents and representatives (its gallery staff and auctioneers) and in accordance with Park West's Certificates of Authenticity and appraisals:

THE DIVINE COMEDY
THE FRENCH AND ITALIAN CONNECTION

1. In June 1996, three men entered into a joint venture agreement for the distribution of the Albaretto collection of prints in the United States, Canada and South America. These men were: Giuseppe Albaretto of Turin, Italy, French art dealer, Jean Jacques Biagini, and Philippe Du Noyer, another Frenchman.

   Du Noyer, living and working in the U.S., was authorized by Albaretto and Biagini to act as the exclusive distributor of the Les Heures Claire, Divine Comedy (Jean Estrade Edition) graphics to be sold and distributed. In other words, Philippe Du Noyer would become the exclusive dealer/distributor of the Divine Comedy prints and was one of the main sources for the Dali inventory sold aboard cruise ships today.

2. In approximately 1996, Park West Gallery (in one of its many incarnations) entered into contracts to begin conducting art auctions on board cruise ships.

3. In September 1996, Park West purchased Divine Comedy prints from Philippe Du Noyer who operates GPL Promotions, Ltd. Du Noyer also does business under the acronym P.A.S.S. (Private Art Services Specialist, allegedly a division of GPL Promotions, Ltd.).

4. Philippe Du Noyer and his wife purchased a large bulk of the Dali graphic/print inventory sold to Park West from Albaretto's agent, Jean Jacques Biagini, a French citizen.

5. The bulk of the acquisition by Park West Gallery for the Divine Comedy graphics was made through Jean Jacques Biagini acting together with the U.S. contact, dealer Philippe Du Noyer.

6. It was soon after Du Noyer's first major sale to the shipboard art dealer that the provenance for the graphics was created and specifically for the Divine Comedy prints as determined and verified by the art dealer themselves on its web site and through various sources that have contacted Fine Art Registry over the last two years. The provenance that was created for the graphics being sold aboard cruise ships included affixing a blind stamp to the Divine Comedy prints and each Divine Comedy print bears the Jean Estrade blind stamp.

7. It is important to note that Jean Estrade was alive until May 2005.

BEGGING QUESTIONS ON DALI PROVENANCE:

1. Why hasn't Park West Gallery notified buyers and why hasn't it made reference or disclosed in its Certificates of Authenticity that the gallery's staff was and presumably still is affixing the Jean Estrade blind stamp to the Divine Comedy prints and why aren't they disclosing that their own staff is hand annotating the prints with pencil and with pigment?

2. Why didn't the editor, Jean Estrade apply his blind stamp at the time of publication or before distribution or sale of the prints if in fact he intended to do so? Estrade was certainly still living at the time the Divine Comedy prints were being sold by Park West.

3. Why would Jean Estrade permit a third party such as Park West Gallery to affix his blind stamp as Editor? Why would any responsible publisher contemplate such a thing?

4. How did Park West Gallery come into possession of the Jean Estrade blind stamp?

5. Why doesn't Park West disclose any of this information in its Certificates of Authenticity?

6. Isn't all of this information relevant to the line of descent, the authenticity, and the ultimate appraised value of Park West's Divine Comedy inventory?

7. Since Park West affixes the Jean Estrade blind stamp to the Divine Comedy prints, who is to say that other things weren't added to the prints at a much later time by Park West Gallery staff (and posthumously) such as the "Dali" signatures that have been found by world experts to be forged or maybe even the Jean Estrade signatures (if indeed they are authentic Jean Estrade signatures) that appear on the reverse of many of the prints? After all, Jean Estrade is deceased and is no longer available to authenticate his signature or to comment on the intent of the use of a blind stamp bearing his name.

   Examples of forged Dali signatures
   
   

   © 2009 Global Fine Art Registry, LLC.

8. Why didn't Park West's Dali authenticator, Bernard Ewell question any of this? Why didn't he mention or report any of this highly relevant and undisclosed information in his many authentication reports that Park West sends to many of its customers who have challenged the authenticity of the Divine Comedy pieces, such as the half-million dollar purchase made by Sharon Day and Julian Howard, as well as countless other victims of Park West?

Examples of forged Dali signatures

© 2009 Global Fine Art Registry, LLC.

So many omissions leave many questions, with no apparent answers. This becomes especially important when one considers the colossal sums of money the art dealer commands for its Divine Comedy prints.

THE SUCCESSFUL SALE OF FAKES AND FORGERIES IS RELIANT ON FAKED AND/OR FALSE PROVENANCE

The successful sale of fakes and forgeries on the art market today is largely reliant on faked or false provenance. Because the provenance of a work of art can be easily be omitted or falsified, as is the case with many of the cruise ship Dali purchases, art fakery and forgery proliferate. This is especially true in the 21st century digital age. Prints and graphics (multiples) are easily produced today. The provenance documentation supporting the fakes and forgeries are just as easily manufactured, manipulated, forged, faked, copied, enhanced and reproduced. Deception in the multiples prints and graphics market abounds.

AVOID THE PITFALLS

When considering a work of art, no matter who is offering it for sale, it is critical that you perform due diligence to the extent it is possible. Here are some tips to consider when attending shipboard auctions or sales (keep in mind that "art auctions" shipboard are not your typical or standard art auctions by any stretch of the imagination). These tips are not by any means exhaustive. There are many, many other things to consider when purchasing art, especially when doing so aboard cruise ships:

1. Never consider buying a work of art if a genuine auction catalog describing the art object is not provided to you for review well in advance of the sale. (See the last section of this article for more on auction catalogs). Never buy a work of art that you do not have an opportunity to fully inspect, research or investigate prior to purchase and especially if you plan to spend a considerable sum. If need be, delay the sale until you have an opportunity to check with third-party sources on the legitimacy of the piece - especially if you are considering spending more than a couple of hundred dollars. Be especially aware of pieces that are represented to be "hand embellished" or "unique variations". Unique variation does not mean that it is necessarily one of a kind, nor does hand embellished mean it is done by the hand of the artist who created the piece. These are important factors to consider. Find out what these representations mean to you as a buyer BEFORE you purchase.

2. Always request to see the artwork or art object out of the frame. A framed piece can often conceal defects, damage or other anomalies. This point cannot be stressed enough. Make certain that if you are considering bidding for or purchasing artwork onboard that what you will receive at home 8 to 10 weeks post cruise is EXACTLY what you were shown on the ship. Otherwise, you will be getting a "similar" work of art and not at all what you think you are bidding on while onboard the ship. In fact, in addition to having the art inspected outside of the frame, we highly recommend that any piece of art you are considering purchasing be taken out of the gallery or other area where it is being displayed inside into the light of day on deck so you can adequately view it in natural light. You would be surprised at what you find in doing so. Sales tactics abound on cruise ships. For example, the lighting in a gallery or auction setting aboard the cruise ship can be deceiving and can make the artwork appear differently than in natural light. But again, this assumes you are bidding on the actual piece you will receive. It is always best to purchase artwork you can take off the ship with you. This way you know what you are getting (assuming you have removed it from the frame for proper inspection).

3. Insist on adequately reviewing all provenance documents, certificates, appraisal reports and any other relevant documentation concerning the art object prior to purchasing it. If you are refused this information, it's most certainly a red flag - walk away - run and don't look back. Make sure all of the documentation and paperwork provided is from primary source documents and be prepared to demand verification of all representations made, especially when it comes to pieces that are represented as being "hand-signed" by artists that are referred to as "Masters."

4. Ask for written terms and conditions. Read them and understand what they state. DO NOT WAIVE YOUR RIGHT TO A JURY TRIAL OR AGREE TO SUBMIT TO ARBITRATION. If you are unsure about terms and conditions, ask for them to be fully explained to you and get the name and contact information of the person explaining these terms and conditions to you, and if you're still unsure, then don't bid or buy. The terms and conditions constitute your contract with the art dealer or art auction company. When filling out a bid card be advised this could be a contractual obligation you are making with the art dealer aboard ship. The same goes for credit card applications. It's better to walk away than to be sorry later. Consider that the cruise line company you sail with will not reimburse you for any loss or other dispute you have with the art dealer. And in the case of Park West Collector Card provided by GE Money, do not expect to be able to reverse the charges later. In other words, do not depend on the cruise line brand or the Park West credit card to protect you in case of loss. Remember, you are in international waters where just about anything goes. Pass the buck is the name of the game. These companies (the cruise lines and the art dealers) are well insulated from liability. They are purposely set up this way to avoid claims made by you after your cruise is over and done with.

5. Never pay attention to sales pitches, puffery, or other representations from sales people when considering purchasing a piece of artwork. Buy with your head, not your heart. Sales pitches are for the sales agent. Remember, they are there working on a commission basis. Further, these sales agents and auctioneers are not employed by Park West or the cruise lines, but some obscure off-shore company in the Turks & Caicos known as Plymouth Auctioneering. This dodgy company is completely shrouded in mystery. No one seems to know much about the Plymouth Auctioneering operation and therefore it is dangerous and extraordinarily risky to rely on any representations made by individuals employed through this company. They are nothing more than third-party contractors. Also, BEWARE of the slick and velvety regional speech accents by sales reps or shipboard auctioneers. Many of the sales agents are foreign nationals. Believe it or not, speech accents are another smooth sales tactic used by art dealers aboard cruise ships - anything to put the hooks into your wallet. The auctioneers are hired for their sales experience and their ability to "pitch" you, not for any knowledge of art, which is actually considered a handicap when they are hired (since they would then see through any deception regarding the works of art offered for sale).

6. If purchasing at shipboard auctions, never let the auctioneer or other sales representative know that you are going to be bidding on a certain artwork. Attendees at these shipboard auctions are often encouraged to put colored stickers or other notices on a work of art to signify that they are interested in the piece and that the salespeople should present it at auction. This is a sales gimmick! Don't fall for it. The last thing you want to do as a potential buyer at auction is to let an auctioneer or sales representative know you are going to bid on a piece. If you want to know more on this sales tactic, please email Fine Art Registry [ ] for more information.

7. Do not allow yourself to get caught up in the auction setting, especially aboard cruise ships where auctions are not the norm. The free champagne and all that jazz is great! By all means, take full advantage. After all, you are on vacation. But realize, it is yet another sales tactic to separate you from your money. Just remember that booze and decisions to buy art pitched at outrageous prices, do not mix. So, drink to your heart's content, but be sure to hold onto your wallets.

8. If you do buy at shipboard art auctions, don't buy big. Watch the room carefully for shills. And don't get caught up in the "checkout" sales meeting. This is where the art dealer really puts the pressure on, and it has been reported to Fine Art Registry dozens and dozens of times that this is where shills have often been used and where the high pressure sales pitches and puffery occur. [A "shill" is a decoy who acts as an enthusiastic customer in order to stimulate the participation of others.]

9. If you hear weasel words or statements (which have been reported to Fine Art Registry) such as "this is a once in a lifetime opportunity", "you can buy this for 60-80% less than gallery prices on land", "this is the last of a rare series", "this a one-of-a-kind", "the biggest thing about art is its availability, don't regret not having gotten it when you could have", "We'll tell you the prices, nothing is meant to be a secret", "It's quieter today because of the pre-bids, which is good for you because it lowers the prices", "All art comes with certificate of authenticity with a full written description, from the artist's hands to your hands", or any language or pitch that has a sense of urgency to it: beware!

10. Attend at least a few valid and legitimate art auctions on land prior to attending a shipboard auction so you can see the difference in auction practices for yourself. Pick up and study standard art auction catalogs from Christie's or Sotheby's or lower tier auction houses such as Heritage Auctions or Bonham's. Many of these auction catalogs are readily available on line. Read all that you can get your hands on regarding best auction practices and then you'll be ready, equipped and educated enough to avoid losing your shirt. Knowledge and education are keys to having a successful and enjoyable time collecting art.

It is important to remember that some of the most faked and forged artists of our time are Picasso, Chagall, Miro and Dalí. Do not get caught up in the hype about these artists. They are faked and forged for a reason. It's easy to drop famous artists' names like these and get people to buy on emotion. Don't do it!!! If it looks too good to be true and sounds too good to be true, it usually and probably is. If you really want to buy a legitimate piece of art by these "blue chip" artists, then seek out a gallery or dealer that specializes in these names. Do your homework. A cruise ship is one heck of a risky place to buy any artwork for thousands or tens of thousands of dollars.

Stay tuned for more articles on the topic of provenance and authenticity. If you believe you are the victim of a rip-off, please be sure to visit FAR® ON YOUR SIDE.

Examples of Provenance from Genuine Catalog Listings of the Two Top Auction Houses in the World - Sotheby's and Christie's

The following are a few examples of auction catalog listings and what a buyer should look for when considering the provenance or the "line of descent" for an art object and especially when purchasing at auction.

It is a certainty that you will not find proper printed auction catalogs at Park West Gallery auctions and especially onboard cruise ships. Like the rest of the outrageous and questionable sales tactics Park West Gallery uses, there are reasons why they do not provide legitimate catalogs to prospective buyers. First of all, the so-called "auctions" are not really auctions at all and secondly too much printed documentation concerning the art objects they sell would bind Park West Gallery in ways that would make it much more difficult for them and the cruise lines to escape liability when selling misrepresented and spurious works of art. In other words, if nothing is in writing, they can say and do just about anything. Add the fact that they are in International waters when they are selling this artwork and well, you have the perfect storm for fraud and deceit. It's the old "catch me if you can" adage. However, as much as the cruise lines and Park West may argue in litigation that these sales take place in International waters and therefore the consumer is screwed from ever recovering a refund, Fine Art Registry is of the opinion that only part of the sale takes place at sea. But that's an article for another day.

A proper auction catalog should list the author/artist, title, description, scholarship (if any), and a high-low value of the object as estimated by the auction house. You will also find printed terms and conditions at the front or the back of a legitimate art auction catalog.

Absent from cruise ship art auctions are any formal printed catalogs bearing LOT NUMBERS of the specific pieces of art being offered. Absent are the high-low value estimates and detailed scholarship or even proper descriptions of art objects offered for sale. Again, Fine Art Registry is of the opinion after countless hours of investigation into the practices of Park West Gallery that this is all part of the Park West Gallery and cruise lines business model. Escaping liability is the name of the game. They want your wallet and as much of it as they can get and most of all they want to keep the green once they get it.

We encourage anyone reading this article to telephone Christie's and Sotheby's and inquire: Is it proper to create or manufacture provenance for a work of art? We expect the answer will be (and definitely should be) a resounding NO:

Article by Theresa Franks, August 13, 2009   |   Discuss Story on FAR® Forum   |   Print   |  

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