Mock Trial Case Indiana 2015-16

2015-16 CASE MATERIALS
Copyright 2015. All rights reserved. Permission to duplicate portions of this case for nonprofit, educational purposes is hereby granted, provided acknowledgment is given to the Indiana Bar
Foundation.
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INTRODUCTION
On behalf of Indiana Bar Foundation, we welcome your participation in the 2015-2016 Mock
Trial competition. This years mock trial case takes us into the colorful world of the art market and the
darker shadows of art forgeries when the authenticity of a painting purchased at a charity art auction is
questioned. Art forgery often involves intrigue and deception, and a forgery case necessarily involves
experts and connoisseurs, and someone who has been duped by an ingenuous, sometimes charming,
trickster. In this case, the plaintiff claims that an auction company sold a forged painting and either knew
it to be forged at the time of the sale or failed to perform the necessary due diligence to confirm the
authenticity of the painting. The defendant auction company contends that the painting sold to the
plaintiff was not a forgery, and that the defendant performed sufficient due diligence for authenticating
the painting. The defendant also alleges that the plaintiff failed to perform any due diligence and
therefore is negligent if the painting is a forgery.
Students Through participation you will experience what it is like to prepare for and present a
case before a judge. Working with your team and coaches, you will learn to evaluate information and
respond quickly. As you prepare, you will sharpen public speaking and presentation skills. The greatest
benefit is the opportunity to learn how the legal system works. By studying and understanding
courtroom procedure, you should become more comfortable with federal and state laws as part of the
legal system. Your interaction with some of Indianas finest attorneys and judges will give you a glimpse
of the different interpretations of trial procedure and different approaches of individuals in the legal
arena.
Teacher Coach, Attorney Coach, or Judge We strongly encourage you to focus on the goal of
participation by students rather than stressing competition while preparing for the competition. Your
contributions of time and talent are making many experiential educational opportunities available
annually to many Indiana students. Your participation is an essential key element to the success of this
program. You can be proud of the impact you have made on the lives of these students.
Good Luck and Have Fun!
Copyright 2015. All rights reserved. Permission to duplicate portions of this case for nonprofit, educational purposes is hereby granted, provided acknowledgment is given to the Indiana Bar
Foundation.
CASE BACKGROUND
The wealthiest and most elite citizens of Indiana gathered together on a beautiful September
evening in 2013 for one of the most publicized events of the year. The exclusive list of VIP guests arrived
with much fanfare and media attention for the prestigious gala and fundraising event for the Caring
Hearts Children's Hospital Foundation. Plaintiff Val Hughes, a recent multi-million dollar lottery winner,
attended the charity art auction to purchase a collectible work of art as an investment while
simultaneously supporting the Foundation's goal to provide funds for pediatric cardiology equipment
and services for the children of Indiana.
At the art auction, Hughes was the successful bidder for a highly collectible E. Colline oil
painting. Lou/Lu Ting, d/b/a Charity Operations Network, the Defendant Auctioneer, purportedly
represented that the painting was authentic and came with a Certificate of Authenticity. When the
painting was in the process of some restoration work by Chris Cross, Hughes was notified that the
painting was a fake.
Was the painting purchased by Hughes at the art auction a fake? Was there a misrepresentation
of the painting's authenticity and provenance? Did the Defendant perform sufficient due diligence to
determine the authenticity of the painting? Did the Plaintiff exercise due diligence before purchasing the
painting? And, who can be trusted in this myriad of personalities and egos?
Plaintiffs Witnesses:
Val Hughes - Plaintiff and Purchaser
Chris Cross Art Restorer, Expert Witness, and Former Forger
Hunter OKlooz FBI Agent and Art Fraud and Forgery Investigator
Defendants Witnesses:
Lou/Lu Ting Defendant, Auctioneer and Owner of Charity Operations Network
Doane Orr Estate Representative of Paintings Original Owner
Cassidy (Cass) Dowt- Appraiser, Expert Witness, and Former Museum Curator
Exhibits:
1. Charity Auction Catalogue
2. Painting
3. Sales Receipt
4. Certificate of Authenticity
5. Appraisal
6. Charity Operations Network Website Excerpts
7. Notes from Auction
8. Curriculum Vitae of Cassidy Doubt
The Case Background is not to be used as evidence in the case, but rather is provided for background
purposes only. This case is a work of fiction. The names and events described herein are intended to be fictional.
Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for
purposes of this mock trial exercise.
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STATE OF INDIANA
MARION COUNTY
)
) SS:
)
VAL HUGHES
Plaintiff,
v.
LOU/LU TING d/b/a CHARITY OPERATIONS
NETWORK
Defendant.
IN THE MARION CIRCUIT COURT
)
)
)
)
)
)
)
)
)
)
CAUSE NO.: 49C01-1410-CT-0777
COMPLAINT
Plaintiff, Val Hughes, by counsel, files this Complaint against the Defendant, Lou/Lu Ting,
and states:
General Allegations
1.
Plaintiff Val Hughes is a resident of Crows Nest, Marion County, Indiana.
2.
Defendant Lou/Lu Ting, d/b/a Charity Operations Network, is a resident of Carmel, Hamilton
County, Indiana and purports to be a professional charities art auctioneer.

3.
On September 7, 2013, Plaintiff was at the Caring Hearts Childrens Hospital Foundation Gala &
Charity Auction (Charity Auction) where Defendant offered for sale for the benefit of the Foundation
works of fine art represented to be collectibles and Masters.
4.
Defendant organized and managed the Charity Auction from start to finish, including, but not
limited to, providing works of art for the auction, auctioning the works of art, collecting payment, and
delivering the works of art to the buyers.
5.
Defendant prepared, published and distributed to Plaintiff a catalogue of all works of art
available for sale at the Charity Auction (the Catalogue).

6.
The Catalogue represented that Lot 39 was an original oil canvas painting by American
Impressionist Elvida Colline (the Artist), entitled Fishing at Dawn, painted in 1927 and signed by artist
Elvida Colline (The Painting).
7.
The Catalogue further represented that the Painting was in good condition with minimal
restoration.
8.
The Catalogue also represented that the owner obtained the Painting by descent from a family
member that received it directly from the Artist.

9.
The Catalogue represented that the Estimated Value of the Painting was between
$300,000-$500,000.
10.
Paintings by the Artist in the American Impressionist style are highly collectible and valuable.
11.
At the beginning of the Charity Auction, Defendant represented that all works of art at the
Auction that contain a signature had been authenticated by a nationally recognized, independent third
party.
12.
When the Painting came up for auction, Defendant represented that the Painting came with a
Certificate of Authenticity and that the Painting was authentic.

13.
Defendant either knew or failed to perform sufficient due diligence to determine if the
representations made about the painting were false.

14.
Plaintiff relied upon the representations made by Defendant in writing and verbally at the
Charity Auction.
15.
Defendant failed to conduct adequate independent research into the authenticity of the
Painting.
16.
Plaintiff was the highest bidder for the Painting in the amount of $455,000. (the Purchase).
17.
Plaintiff paid Defendant the purchase price of $455,000 by wire transfer on September 8, 2015.
18.
Defendant delivered the Painting to Plaintiff at Plaintiffs residence on October 7, 2015.
19.
Count I Rescission Based on Mutual Mistake

Plaintiff incorporates the allegations in Paragraphs 1 through 18 as if fully set forth herein.
20.
Plaintiff bought the Painting believing it to be a genuine painting by Colline .
21.
Defendant represented in the Sales Receipt issued to Plaintiff for said Purchase that the Painting
was the Artists work.

22.
The Painting is a forgery.
23.
Plaintiff had no knowledge that the Painting was a forgery.
24.
Plaintiff relied upon the representations made by Defendant to his/her detriment.
25.
To the extent Defendant was not aware of the forgery, Plaintiff and Defendant were mutually
mistaken in believing that the Painting was an authentic work by Elvida Colline.
26.
Plaintiff agreed to and did purchase the Painting without any knowledge of these mistakes.
27.
Plaintiff fully performed all of his/her obligations for the purchase.
28.
Plaintiff has no adequate remedy at law and is therefore entitled to a rescission.

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Count II Breach of Express Warranties

29.
30.
Before and at the time of the sale, for the purposes of inducing Plaintiff to purchase the
Painting, Defendant represented to Plaintiff that the Artist who created the Painting was Elvida Colline,
that the Painting was authentic, that the Painting had a Certificate of Authenticity, and that the Artists
signature on the Painting had been independently verified.
31.
Plaintiff relied upon Defendants express warranties concerning the Painting's authenticity and
would not have purchased the work had he/she been aware that those warranties were false.
32.
Plaintiff fully performed any obligations under the purchase agreement.
33.
Defendant breached its express warranty because the Painting is a forgery.
34.
Plaintiff suffered damages, as a result of this breach.
Count III Fraud

35.
36.
Defendant fraudulently induced Plaintiff to purchase the Painting by falsely stating the Painting
was authentic.
37.
Defendant knew the Painting was a forgery, and that it had no value.
38.
Defendant knowingly participated in the sale of a forgery.
39.
Plaintiff had no reason to know that Defendants statements were false.
40.
Plaintiff relied on each of the misrepresentations made by Defendant in purchasing the
Painting.
41
Plaintiffs reliance on Defendants misrepresentations was reasonable.
42.
In reliance on the misrepresentations and omissions of Defendant, Plaintiff was damaged.
43
Because Defendant engaged in the fraudulent conduct, willfully and maliciously, and with the
intent to damage Plaintiff, Plaintiff is entitled to an award of punitive damages.
Count IV Negligence
44.
Plaintiff incorporates the allegations in Paragraphs 1 through 43 of the Complaint as if fully set
forth herein.
45.
Defendant was negligent in failing to exercise due diligence in determining the authenticity,
provenance , condition and value of the Painting.

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46.
As a consequence of the negligence of Defendant, Plaintiff suffered damages.
47.
The damages sustained by Plaintiff were proximately caused by the negligence of Defendant.
WHEREFORE, Plaintiff, Val Hughes, prays for damages against Defendant Ting, and all other just
and proper relief.
/s/ Ben Trikt

.
Ben Trikt, esq.
HOOD WINK & TRIKT, PC
1000 Meridian Street
Indianapolis, IN
Attorney for Plaintiff
JURY DEMAND
Plaintiff respectfully requests trial by jury.
/s/ Ben Trikt
.
Ben Trikt, esq.
Attorney for Plaintiff
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STATE OF INDIANA
MARION COUNTY
)
) SS:
)
VAL HUGHES
Plaintiff,
v.
NETWORK
Defendant.
)
)
)
)
)
)
)
)
)
)
CAUSE NO.: 49C01-1410-CT-0777
DEFENDANTS ANSWER TO COMPLAINT

The Defendant, Lou/Lu Ting d/b/a Charity Operations Network, for his/her answer to the
Complaint, states as follows:
1.
Defendant is without knowledge or information sufficient to form a belief as to the truth
of the allegations of paragraph 1 of the Complaint.
2.
Defendant admits the allegations of paragraph 2 of the Complaint.
3.
4.
5.
6.
Defendant denies the allegations of paragraph 6 of the Complaint.
7.
8.
9.
10.
11.
12.
13.

11
14.

15.
16.
17.
18.
Count I
19.
Defendant incorporates herein by reference its answers to the allegations of paragraphs
1 through 18 of the Complaint.

20.

21.
22.

23.

24.

25.
26.

27.
28.

Count II
29.

30.
31.
32.
33.
34.

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Count III
35.

36.
37.
38.
39.
40.
41.
42.
43.
Count IV
44.

45.
46.
47.
WHEREFORE, Defendant prays for judgment in his/her favor, that Plaintiff take nothing by way of his/her
complaint, for costs, and all other just and proper relief.
AFFIRMATIVE DEFENSES
First defense
The sole proximate cause of the damages allegedly sustained by plaintiff was plaintiff's own
negligence, and for that reason, plaintiff is not entitled to recover.
Second Defense
The damages allegedly sustained by the plaintiff were caused in whole or in part, or were
contributed to, by the negligence or fault of the plaintiff, and for that reason, the plaintiff is not entitled
to recover, or, plaintiff's damages must be reduced accordingly.
Third Defense
Plaintiff failed to exercise due diligence.
WHEREFORE, the Defendant prays that Plaintiff take nothing by way of his/her complaint; that judgment
be entered in favor of Defendant; and for such other and further relief as is just and proper.
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/s/ I.M. Reddy

.
I.M. Reddy, esq.
WEIR REDDY & WILLING
26 West Main Street
Carmel, IN
Attorney for Defendant
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STATE OF INDIANA
MARION COUNTY
)
) SS:
)
VAL HUGHES
Plaintiff,
v.
NETWORK
Defendant.
)
)
)
)
)
)
)
)
)
)
CAUSE NO.: 49C01-1410-CT-0777
STIPULATIONS
Note: No witness may contradict or deny knowledge of the facts contained in the stipulations.
1.
Unless stated otherwise herein, all exhibits included in these Case Materials are
authentic and accurate in all respects; no objection to the authenticity of these exhibits will be
entertained. The admissibility of the exhibits on other grounds may be challenged.
2.
All witness statements were signed under oath by each witness on October 15, 2015.
3.
In accordance with Mock Trial Rules, the parties are not permitted to enlarge or enhance
any item in the Case Materials, including Exhibits. Due to the limitations of Mock Trial, the parties
stipulate and agree that Exhibit 2 is an oil canvas painting of the size of 29 x 23 with the artwork as
depicted. The parties further stipulate and agree to the admissibility of Exhibit 2 the authenticity of
which will be determined in this trial.
4.
The parties agree that Exhibits 1, 3, and 6 are created by a person with knowledge of the
information contained therein at or about the time of the events, that such records are kept in the
course of regularly conducted activity and that it is not necessary to enter the exhibits through the
custodian of the records.
5.
The parties stipulate and agree that the Curriculum Vitae of Cassidy Dowt (Exhibit 8) is
admissible, without objection.
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APPLICABLE LAW
Burden of Proof in Negligence Cases
The plaintiff has the burden of proof by a preponderance of the evidence on the following
propositions:
a.
that the defendant was negligent ;
b.
that the plaintiff suffered damages; and
c.
that the negligence of the defendant was a proximate cause of the damages suffered by
the plaintiff.
Negligence
Negligence is the failure to use reasonable care.
A person may be negligent by acting or by failing to act. A person is negligent if he or she does
something a reasonably careful person would not do in the same situation or fails to do something a
reasonably careful person would do in the same situation.
Reasonable or Ordinary Care
Reasonable or ordinary care is the care a reasonably careful and ordinarily prudent person
would use under the same or similar circumstances. Reasonable care does not require a person to
foresee and guard against that which is unusual and not likely to occur.
Proximate Cause
An act or omission is a proximate cause of the damages suffered if the damages are a natural
and probable consequence of the act or omission. To establish that an act was the proximate cause of
damages, a party must show:
(1)
(2)
That damages would not have occurred but for anothers negligence; and
That damages were reasonably foreseeable as the natural and probable consequence of
the others negligence.
Fraud
Fraud exists when:
(a) there is a material misrepresentation of fact
(b) made with knowledge of its falsity or recklessly made without knowledge of its truth
(c) with the intention of being acted upon by another, which
(d) is relied upon by another (a buyer)
(e) to his/her damage.
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STATUTES AND RELATED LAW:
Ind. Code 26-1-2-313 Express Warranties

(1) Express warranties by the seller are created as follows:
(a) any affirmation of fact or promise made by the seller to the buyer which relates to the
goods and becomes part of the basis of the bargain creates an express warranty that the
goods shall conform to the affirmation or promise.
(b) any description of the goods which is made part of the basis of the bargain creates an
express warranty that the goods shall conform to the description.
(2) It is not necessary to the creation of an express warranty that the seller use formal words
such as "warrant" or "guarantee" or that he have a specific intention to make a warranty,
but an affirmation merely of the value of the goods or a statement purporting to be merely
the seller's opinion or commendation of the goods does not create a warranty.
Ind. Code 26-1-2-314 Implied Warranties

(1) a warranty that the goods shall be merchantable is implied in a contract for their sale if
the seller is a merchant with respect to goods of that kind.
(2) Goods to be merchantable must at least pass without objection in the trade under the
contract
(3) Unless excluded or modified (IC 26-1-2-316), other implied warranties may arise from
course of dealing or usage of trade
ADDITIONAL LAW:
Express warranties are not created from puffing or statements of personal opinion such as I think this is a
beautiful painting or an affirmation of value such as this is one of the best values you can find today in
art of this period.
One who sells a piece of art has a fiduciary responsibility to exercise due diligence in the authentication
of a piece of artwork.
Due diligence is the responsibility of one who sells, buys or donates personal property to establish that
the item is not stolen and can change hands with good title and that it is real.
Autocephalous Greek Orthodox Church v. Goldberg & Feldman Fine Arts, Inc. 917 F .2d 278 (7th Cir 1990)
In a transaction like this, all the red flags are up and the red lights are on, all the sirens are
blaring. In such cases, dealers can (and probably should) take steps such as a formal IFAR search, a
documented authenticity check by disinterested experts, a full background check of the seller and his
claim of title, insurance protection and contingency sales, contract, and the like.
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1
2
Statement of Val Hughes

My name is Val Hughes. I live in Crows Nest, Indiana, about 7 miles northwest of downtown
Indianapolis. I live in the former home of Eli Lilly. I also have a home in Naples, Florida. Even though I
now live in mansions in pretty swanky areas, I have humble beginnings. I grew up in the small town of
Vevay, Indiana, where life was pretty simple and my family, neighbors, and friends felt good about
putting in an honest day's work. My parents instilled in me the core values of fairness, honesty,
integrity and truthfulness. I have held on to my core values from those humble beginnings. The way I
see it is that if a person has integrity, nothing else matters. If a person does not have integrity, nothing
else matters. Perhaps I have been naive in thinking that once I ventured out into the world that others
10
would abide by those same principles. Unfortunately, the circumstances surrounding this lawsuit have
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shown me that is not the case.
12
If you're wondering how a simple 26 year old from Vevay, with just a high school education,
13
amassed such wealth to own two mansions and circulate among the rich and famous, I guess you could
14
say I won the lottery - literally. In May of 2013, I won the largest jackpot in the history of Powerball,
15
with winnings of $590 million, and some change. Ordinarily,I didn't waste the little money I had on a
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game of chance. But I knew the jackpot was going to be big the week I purchased my ticket and I
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thought that spending $5 for a chance at the largest jackpot was at least worth the entertainment of
18
looking at the winning numbers the next day to see if they matched my lucky numbers. After paying the
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IRS and Indiana their respective shares in taxes, I still was left with quite a fortune. Becoming instantly
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wealthy gave me the opportunity to purchase a new home, expensive cars, and some of the finer things
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in life, including artwork.
22
Prior to winning the lottery, I worked at the Gold Bars Casino in Madison, Indiana. During my
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employment at Gold Bars, I was assigned to the craps table. Craps is a dice game where players make
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wagers on the roll, or a series of rolls, of a pair of dice. I rotated positions on the craps table as either a
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Stickman (the person who announces the results of each roll and moves the dice on the table with an
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elongated wooden stick) or a base dealer (the person who collects and pays bets to the players). What I
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observed as an employee at Gold Bars is that people would lose hard-earned money with the roll of a
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dice. The House (the casino) always had the advantage. There may be players who are really lucky for
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a period of time, but in the long run those winning streaks end, and their money is lost. When I won the
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lottery, I didnt want to risk losing money in a crapshoot. I wanted to invest my winnings in something
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stable; something that was a sure bet.

19
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Many people came out of the woodwork when I won the lottery. There were relatives I never
33
knew and friends from even grade school that soon referred to me as their favorite relative or best
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friend. Some wanted a loan, others had investment opportunities. There were many investment and
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financial advisors that contacted me with ways to grow my money. Of course, I was a bit nervous about
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investing in the stock market when some analysts were predicting that the market was headed for
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another crash, and I saw my 401K drop to half of its value after the 2008 stock market crash.
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A family friend, who had acquired some Salvador Dali signed prints, told me that the value of
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the prints had quadrupled in value and suggested that I look into art as an investment. I had always
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heard that art was a good investment. I admit I was, and still am, new to the art scene and a novice
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buyer. However, I thought it would be a safe investment for some of my money, if I purchased
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collectible art from a reputable dealer.
43
When I was invited as one of the exclusive, VIP guests to attend the Caring Hearts Childrens
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Hospital Foundations fundraising gala and art auction, I thought it was the perfect opportunity to
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acquire a collectible art piece. At the same time, I thought I could help a charitable cause, especially one
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that would provide for the health and well-being of children. The Foundation's goal was to provide
47
funds for pediatric cardiology equipment and services for the children of Indiana. So, on September 7,
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2013, I attended the Foundations Gala and Art Auction at the Crowne Plaza in downtown Indianapolis.
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The wealthiest and most elite citizens of Indiana were there. It was one of the most publicized events of
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the year in Indiana, and the fanfare surrounding the event was over the top. The buzz of excitement at
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the gala set the mood to contribute and buy some art to support the children of Caring Hearts. I shared
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the enthusiasm of other prospective donors to give generously to the charity.
53
The art auction was conducted by Lou/Lu Ting of Charity Operations Network. A week prior to
54
the auction, I along with the other attendees received a glossy Catalogue of the art pieces with
55
photographs of the art that would be auctioned at the fundraiser. Anyone wishing to view any of the art
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to be auctioned had the opportunity to schedule an appointment with Ting to have the art examined, or
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even appraised. I was busy negotiating the purchase of my homes in Crows Nest and Naples, and didnt
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see any need to personally examine the paintings prior to the auction. The catalogue noted that the
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paintings I was interested in came with a Certificate of Authenticity, so I felt like I had a guarantee. I did
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not request any documentation of any particular paintings history, Certificate of Authenticity, or Lot
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Condition Report. It had not occurred to me that a charitable auction company raising funds for a
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childrens hospital couldnt be trusted. Exhibit 1 is a true and accurate copy of excerpts of the Art
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Catalogue for the Caring Hearts Childrens Hospital Foundation Art Auction.
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I was particularly drawn to the American Impressionist paintings because they depict a lighter,
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carefree sense of life, which reminded me of my youth and growing up in Vevay. The Catalogue
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featured paintings by Daniel Garber, Theodore Robinson, and Elvida Colline (pronounced El-VEE-dah
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Cah-LEEN). I had no idea of the current market value for collectible American Impressionist original
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paintings. Feeling like a fish out of water, I used ARTnet.com, an internet data base, to determine the
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current market price for similar works of Garber, Robinson and Colline. The recent sale prices on
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ARTnet.com for those artists were consistent with the estimated prices listed in the Charity Operations
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Network Catalogue. In fact, the recent sales prices that I located on the website sold higher than the
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estimated market value.
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The line-up of artwork at the September 7th art auction was nothing less than impressive.
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Charity Operations Network pulled out all of the stops. Early in the evening, it was evident that bidding
75
would be active, and the event would generate some serious cash and the much needed funds for the
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Childrens Hospital. Even to an art novice like me, I could tell there were plenty of offerings that were
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drawing attention as highly desirable collectors items. The reactions of other guests and sophisticated
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potential buyers to many of the art lots convinced me that this was my opportunity to purchase a
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collectible painting. As I browsed the various lots displayed at the Gala, I referred to the Catalogue for
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each paintings description, provenance, condition, and estimated value. Then, I used a smartphone app
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that instantly connects with auction house databases to check on comparable paintings by the artist. A
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few of the guests told me that they had hired an appraiser to preview specific pieces at the Charity
83
Operations Network gallery prior to the auction, or to accompany and advise the buyer at the auction.
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In retrospect, I wish I had done that.
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I narrowed my selection to a painting by Daniel Garber, called Bayou, depicting two row boats,
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and an Elvida Colline painting depicting a boat with two people in a boat ready to fish, entitled Fishing at
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Dawn. I was drawn to both paintings because of the serenity of the water and the way the light danced
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off the landscape. Both paintings were considered highly collectible and there were crowds surrounding
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those displays. The Colline piece went up for auction first, so I decided not to take any chances. I also
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thought the piece by Colline was a better investment because the Catalogue noted that most of Collines
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American Impressionist paintings had been destroyed in a fire, and that in later years she followed the
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movement into Modernism. In an attempt to familiarize myself with some of the Lots in the Catalogue, I
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read a few blogs about some of the American Impressionists. I learned through the blog that there were
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only a few women American Impressionist painters, and Elvida Colline was quite prominent. I believe
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the blog was authored by Chris Cross, although I did not know him/her at the time. I recall that the
21
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blogger said he/she would like to get his/her hands on a Colline painting and noted that they were rare
97
and in demand. I did not print the blog and I have since looked for it on the internet but it has been
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taken down. I think it was by Chris Cross, but I cant recall with any certainty.
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Lou/Lu Ting, the owner of Charity Operations Network, was the auctioneer for the Caring Hearts
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Childrens Hospital Foundation Charity Auction. Of course, auctioneers can talk really fast, but there
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were definitely some things that Ting said that I clearly understood and provided reassurance that I was
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purchasing something of great value and a solid investment. At the opening of the auction, Ting said
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Charity Operations Network uses nationally known signature authenticators for all items. More
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specifically, when Ting described the Colline painting during the auction, he/she represented that the
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painting came with a Certificate of Authenticity. Ting said the painting had provenance and had been
106
verified as authentic. I also noted that the Catalogue indicated that a Certificate of Authenticity was
107
available for the Fishing at Dawn painting.
108
The bidding at the auction for Collines Fishing at Dawn was quite fierce. Ultimately, the final
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two bidders were some Indianapolis mogul magnate and me. The hammer came down on my bid of
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$455,000. Of course, I was also required to pay the Buyers premium fee of 20%, which I understand is
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fairly typical in the art auction world, and sometimes it is even more. And I also paid the Indiana sales
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taxes. Exhibit 2 is the Painting I purchased at the Auction and Exhibit 3 is a true and accurate copy of the
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Sales Receipt for the purchase of that painting. I paid a premium price for the E. Colline painting, but I
114
wouldnt have been the successful bidder if I had not bid the $455,000. In any event, I was happy to
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help out the Childrens Hospital, and I was satisfied that because Fishing at Dawn was in such high
116
demand, it would be a great investment and would only increase in value over time.
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When I purchased the Elvida Colline painting, it was the first real artwork I had ever purchased
118
and the first item I had ever purchased through an auction, charity or otherwise. I purchased the
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painting, not because of its value, as there were lots of other works of art at the auction that had
120
greater value. Rather, I purchased it because I liked it. At the time, I was not familiar with the artist, and
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had no idea that Fishing at Dawn was such a valuable, coveted, piece. I subsequently gained more
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appreciation for the fact that Collines work is quite an exception in the art world and that she was one
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of the few female American Impressionists of that time, and certainly also in the Midwest. Colline had
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studied in Europe with many of the Impressionists, such as Claude Monet and Pierre-Auguste Renoir.
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However, Colline was most heavily influenced by the works of Alfred Sisley, a French Impressionist, who
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was the most consistent of the Impressionists in his dedication to painting landscape en plein air (i.e.,
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outdoors).
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I provided a wire transfer of the total sales price to Charity Operations Network the day
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following the auction. When speaking with Ting regarding the wire transfer, I also asked about the
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Certificate of Authenticity. Ting responded that everything would be delivered in thirty days. On
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October 8th, the painting was delivered from Charity Operations Network. When the painting was
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delivered, the Certificate of Authenticity was not presented to me. I contacted Ting again, and he/she
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said the paperwork had been misplaced. Ting said Oh, I know we have it in a file somewhere. I
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received the Certificate of Authenticity one year later (after the painting was discovered to be a fake).
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Exhibit 4 is a true and accurate copy of the Certificate of Authenticity.
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I did not press to receive the Certificate of Authenticity because it was just a piece of paper; the
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artwork should speak for itself as to its authenticity. I needed to obtain an appraisal anyway for
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valuation purposes to insure the painting and to determine any charitable contribution I could take on
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my tax return. When I inquired at art galleries and dealers as to a recommendation for a fine art
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appraiser, and particularly American Impressionist paintings, Cassidy Dowt kept coming up as the top
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recommendation for an appraiser.
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I made arrangements for Dowt to come to my home for purposes of appraising the painting that
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I had purchased at the Caring Hearts Auction. Dowt arrived at my home on November 1, 2013. I was
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surprised by Dowts demeanor. Even though his/her business thrives on social and business connection,
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he/she was generally rude. Dowt acted haughty. Perhaps that know-it-all attitude, however, convinced
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me to blindly trust his/her opinions as to the Colline painting.
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Dowt attributed the painting to that of Elvida Colline. Dowt was unequivocal that the painting
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was authentic. Dowt appraised the value of the painting at $575,000. Exhibit 5 is a true and accurate
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copy of Dowts appraisal. Dowt did note some condition issues of the painting, specifically some prior
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restoration work. However, Dowt mentioned that these condition issues were minor and did not affect
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the value of the painting. Dowt recommended that I hire an art conservator to perform restoration
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work to bring out the paintings full beauty and to preserve its value. Dowt also suggested that I invest
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in re-framing it to highlight the paintings flow of lighting throughout the piece. Dowt recommended
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Chris Cross as the conservator and restoration expert. Dowt informed me that Chris Cross specialized in
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American Impressionist paintings, and had a keen eye for Collines paintings, among others. After I
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found out the painting was a fake, I filed suit against Dowt. Unfortunately, Dowt filed bankruptcy. The
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lawsuit is probably why Dowt is here in court testifying against me. In any event, any claim I had against
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Dowt has been discharged in the bankruptcy case.
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Shortly thereafter, I followed up with Chris Cross by phone to set up an appointment to discuss
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the potential restoration work. On November 8, 2013, I met with Cross at his/her Broad Ripple studio.
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My instant read on Cross was that he/she is a bit quirky, but very likeable. Cross disclosed right from the
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beginning his/her past and life of crime as a forger. Chris showed humility, yet strength of character.
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Cross shared with me his/her history of imprisonment for forgery and how it changed his/her life. I
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learned that Chris now even works with the FBI. After Chris confession, I had no concerns of his/her
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trustworthiness. As evidence that my trust was not misplaced, Chris is the one who uncovered the
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forgery and it was Chris who notified the FBI and started an investigation on the same day Chris notified
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me that my painting was a fraud. Cross showed his/her stand-up character and never even sent me a
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bill for any work he/she did on the painting. I guess he/she felt bad that I was the victim of a forgery.
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Cross was passionate about his/her conservation work. Cross discussed his/her the meticulous
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attention to detail and care he/she takes to preserve the Masters. He/she did not want to do anything
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that would decrease the value of a painting. In Cross studio, he/she showed me some of the work
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he/she had done for other collectors, museums, and galleries. Cross specialized in restoration work of
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American Impressionists. I knew that by hiring Cross, I was retaining a conservator who is very skillful
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and knowledgeable, and likely the best in his/her field. Before Cross would accept the restoration work,
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however, he/she said it was necessary to view the painting in person.
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The following Monday, on November 11th, Cross came to my home and looked at the Fishing at
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Dawn painting. Cross reaction to seeing the painting for the first time was priceless. It was like seeing
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a long lost friend after years of separation. It was like Cross could not keep his/her eyes off the painting.
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Chris examined the painting closely and then told me that he/she would be honored to be entrusted
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with the care of Fishing at Dawn and restoring the painting to its original beauty. In addition, Cross said
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that he/she had the perfect frame, almost like it had been made just for it.
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Chris talked to me about maintaining the quality of the painting once it had been restored,
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including proper humidity levels, keeping it out of direct sunlight, proper methods to hang the picture,
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and how to dust and clean it. Chris even suggested a place where he/she thought the painting should
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be hung in my home. To enhance the painting, Cross suggested accent lighting and even recommended
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a contractor to do that work. Cross also recommended that I install added security measures given the
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significant value of the painting and the lure of it for art thieves. Cross made a recommendation for a
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security system contractor as well. Cross won me over with all of his/her personal attention and interest
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in making sure the painting would be preserved long-term.
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Chris discussed his/her hourly fee for restoration work of $250.00 per hour plus the cost of
materials, including the frame, which would be $14,000.00. Chris noted that significant restoration work
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was not necessary as the painting was in good condition. He/she estimated 30-40 hours of work, and
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described in detail the work that would be performed to clean, make repairs, and reframe it.
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Chris could not start on the project immediately due to other pending projects and the
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upcoming holidays. Cross also explained he/she would need to work on it intermittently between
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working on a significant project at Wishard Hospital of restoring murals by T.C. Steele and other famous
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artists. Cross was also working on a mural at a local church. I was in no rush to get the painting back. In
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fact, as I told Cross, I had plans to leave on November 22nd for a four-month World Cruise. Satisfied with
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my arrangements with Cross, I agreed to have Cross do the restoration work, and authorized him/her to
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pick-up the painting from my home when he/she was ready to start the project.
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Prior to departing for my World Cruise, I made arrangements for work to be done on my house
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to upgrade the lighting and to upgrade my security system to safeguard the Colline painting. The
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Contractors began work on November 18th. I authorized the contractors to release the painting to Cross
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when he/she was ready to work on it. While I was on my cruise, I received a text message confirming
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that Cross had picked up the painting on January 6, 2014.
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I returned from my cruise on March 21st. I had no idea what news was in store for me. Then on
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April 7, 2014, I received a call from Cross. He/she said Sit down. I have bad news for you. Cross then
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told me that he/she had just begun the restoration work on the painting and upon closer examination
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had discovered it was a forgery. Cross told me that he/she had notified Agent OKlooz of the forgery
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and a federal investigation had been started. Imagine my shock. Imagine my anger. Lou/Lu Ting and
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Charity Operations Network had duped me. I brought this lawsuit because one should be able to trust
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and rely upon the expertise of, and statements made by, the auctioneer.
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I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief
and knowledge.
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Val Hughes
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Statement of Chris Cross
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My name is Chris Cross. I live at 6060 N. Park Avenue in Broad Ripple, Indiana. For the past
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eleven years, I have owned and operated The Art of Art, an art restoration business, also located in
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Broad Ripple. Specifically, I restore high-end master paintings. I also am a guest art columnist for the
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Indianapolis Star and blogger.
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I primarily specialize and would consider myself a connoisseur of oil paintings by Impressionists
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and American Impressionists. It is an art of immediacy and movement, of candid poses and
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compositions, of the play of light expressed in a bright and varied use of color. Impressionists were
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radicals. They violated the rules of traditional academic painting at the time. Impressionists brush
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strokes are small, thin and short, but are visible. Their paintings are characterized by the use of colors
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that are blended, but not smoothly, as was customary, to achieve an effect of intense color vibration.
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They portray overall visual effects instead of details. They used open composition with an emphasis on
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the accurate depiction of light and its changing qualities. The subject matter of their paintings focused
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on realistic scenes of modern life, with ordinary people, and used movement to illustrate the human
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perception and experience. Impressionists often painted outdoors. Previously landscapes were usually
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painted in a studio.
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My restoration work includes preventing deterioration of paintings, repairing damages, and re-
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framing the paintings. My business is successful, without advertising. Word of mouth generates most of
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my business. I get referrals from numerous art galleries, art dealers, fine art appraisers, collectors, and
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even museums. My ability to mirror the work of the masters in order to preserve it is a critical
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component of my success as a restorer. I have a knack for recreating the likeness of the artists original
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without disturbing the original painting and decreasing its value. I have become well-respected in the
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inner sanctum of the art world because when I restore a painting, I am meticulous about keeping the
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original art piece as true as possible. I exercise great caution to not change the painting, or if I make
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changes to have those changes documented and obvious. For example, I will use paints for the touch-up
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that are chemically different than the original paint, so that they can be removed in the future without
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damaging the original.
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I am not a member of the Appraisers Association of America (AAA), nor am I an Accredited
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Member, senior or otherwise, of the American Society of Appraisers (ASA). I also am not a member of
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the American Institute for Conservation and Historical and Artistic Works (AIC). I do not need the labels
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to get referral work. Not to say that I reject the purpose of establishing guidelines for this industry. As a
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matter of fact, the manner in which I perform restoration work is consistent with AIC guidelines.
I also did not attend college, or have any formal training in art restoration, appraisals, forensics
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or art history. Instead, I have years of on the job training, so to speak. In my prior life, I was an art
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forger. I forged several American Impressionists, and some have yet to be discovered. A few of my
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forgeries are still hanging in museums. I never forged any works of Elvida Colline, although I would have
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enjoyed the challenge of doing so. Her brushstrokes, techniques, and visual acuity, are quite unique.
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I never forged for greed. Rather, I had been rejected by art world for my original works and so it
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was a sense of pride for me to pull off forged art to unsuspecting museum curators, art galleries, and the
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like. To forge artwork also requires a bit of a cunning spirit. To be in on the con, you have to project an
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image of expertise and sophistication that comes with years of training. But the one thing that kept me
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from getting caught for many years was to follow the cardinal rule of keeping lies to a minimum. I was
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turning around forgeries of major pieces in a month to two months time. But it soon all caught up with
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me. My vanity got to me and I started putting my initials in the art work I forged. It was my little joke
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on the art world. Thats how FBI finally caught me, and I landed in prison. My imprisonment for art
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forgery hurt my family, and I vowed that when I got out of prison I would lead an honest life.
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I have ended my life of forgery, but I have used that knowledge, skill, and connoisseurship to
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make an honest days wage. As you might expect, forgers make good conservators. My experience as a
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forger has taught me the techniques and practices of individual artists, enabling me to restore the work
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of an artist as if their hand was on my brush. So, I opened this little shop for restoration work, and
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business has been great. I dont hide the fact that I once was a con, forging art work. I am completely
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upfront about it to all of my customers. In fact, my bad reputation has been good for business. My
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ability to mimic almost identically an artist is a much sought after talent in art restoration. I have reaped
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personal rewards too. I now have gained recognition and notoriety for my talents that I had to once
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hide as a forger.
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As part of my transformation, and in a complete turnaround, I now work WITH the Federal
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Bureau of Investigations to detect forgeries. I've turned a dark period of my life into something good.
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People think a person can't change their colors, but I am living proof that you can. The FBI uses my
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expertise as a former forger to determine attribution and authenticity of a painting. In addition to
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aiding the FBI in the detection of art forgeries, my experience with known forgers has been helpful to
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the government to identify the forger. You see, I have the unique experience, unlike most art experts,
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of recognizing a forgers work, as well as the work of particular artists. I am not a detective, nor am I
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trained as one. My training is in street smarts, which candidly sometimes the stodgy FBI agents lack. I
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like to think of myself as an art sleuth. I approach detecting forgeries by looking for clues. The more
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clues I have, the more I learn about the forger, the more I am able to fit the clues together, and wrap up
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a case. It is much like Sherlock Holmes. Each case is a study in collecting and analyzing clues, then
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drawing logical conclusions from the clues.
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The perception that an art piece was created by the artist is critical to its desirability and
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salability. A buyer wants to believe that the art piece represents the artist's creative genius and vision.
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Many artworks have value because of their attribution. A big name brings big bucks. Unfortunately, art
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is an appealing target for a forger, and easier to get away with than forgers of currency. A forger's
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mission is to create something that will be accepted as genuine and have value, AND it must go
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undetected by those who are practiced at examining a particular artist.
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Through my blog, I try to help educate the public on acquiring art. Many people are under the
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delusion that investing in art is a solid investment. The best way to double your money is to not buy art,
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but rather take your money out of your wallet, fold it in half and put it back in. The perception that art
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is an investment is perpetuated by the myth that art always goes up in value. While the myth may be
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true in certain circumstances, buyers should not accept this myth wholesale. Buyers need to do their
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homework, know who they are dealing with, and refer questions about a potential purchase to an art
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professional, such as an appraiser.
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Buyers can be fooled by the "packaging" of a painting. If it looks old, it must be old, right? For
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example, reproductions of seventeenth century paintings can be dummied up to look authentic by
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printing a piece on paper, then gluing it on oak panels, then highlighted with oil paint in places. You
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package up what appears to be an original in an elaborate gold frame, and the painting appears to be
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more than it is. It is an easily affordable technique to masquerade as an original antique oil painting.
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Also, it is common for a painting to be inherited and the later generations believe they have a prize
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possession when, in fact, the artwork is merely decorative art that looks like it could be something of
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value.
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Nor should a buyer rely upon a Certificate of Authenticity (COA). Many COAs are faked and
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forged, and simply are not reliable. Traveling charity auction companies and internet sellers are
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notorious for offering a certificate of authenticity, such that there is now a cottage industry willing to
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fabricate COAs. In many galleries, and particularly traveling charity auction companies, the truth is
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replaced by a fictional narrative.
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The Certificate of Authenticity is one of the most misunderstood and abused tools in the art
market. The only person who can authenticate a work of art is the person who created it. In other
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words, the only certificate that matters is the one signed by the artist himself or herself. All other
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certificates are merely opinions of authenticity and are only as valid and credible as the reputation of
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whoever signed it and the extent of the research they performed to arrive at their opinion. A certificate
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of authenticity does not become more valid if it is printed on special paper with a fancy border and a
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gold seal. To be useful, a COA should contain the name, nationality, and life dates of the artist, the title
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of the artwork, the medium, dimensions, location and medium of the artist's signature, identification of
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the person signing the certificate and the date, and most important, a guarantee of the truthfulness of
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the information. If a dealer or an auctioneer is unwilling to provide a money back guarantee, there is
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reason to doubt the veracity of the information provided by that dealer or auctioneer. Yet, I find it
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amazing how people are so willing to accept a certificate that provides no guarantee.
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People get the art they deserve. If you dont enter the art market with a level of sophistication
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you become fair game. Even those considered to be collectors and art aficionados are in danger of
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buying a forgery attributed to a famous artist. They trust the dealer or auction company and do little to
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nothing to obtain an independent opinion or scholarly review. The best advice I can give any buyer of
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fine art, especially a novice buyer, is to rely upon an independent expert, such as an independent
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appraiser.
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A conservator is practiced in the art of looking at art as a physical object, paying less attention to
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its content, like that of an art historian or connoisseur. The conservator is looking close at the painting
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to determine what needs to be restored. The initial visual inspection by the conservator isnt
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undertaken to determine authenticity. Thats not why you are hired. Nevertheless, in some instances,
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just looking at the painting to do the conservation work reveals something suspicious.
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For me, the first thing about spotting a fake is something just seems a bit off. Something seems
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not right. A forger almost always unintentionally incorporates something of his or her own nuances to a
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painting. I have used my gut instincts to uncover other fakes because the forger was not careful enough
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to do a thoroughly convincing job. If one develops an expertise in a particular artist's works, that expert
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will trust their initial response to an art piece and usually know at first contact that something is not
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right. As in many other professions, your brain compares available data with prior experiences.
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Anomalies always raise red flags and demand an explanation. The clues are always there. I find that
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99% of the time, if I follow the clues, I will confirm my first impression. Most often, you don't need
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scientific testing or an involved, lengthy analysis to determine a painting is a fake.
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Of course, as with any rule, there are exceptions. The rule that "if everything doesn't look right
it may be a fake" does not always hold true. Sometimes an artist incorporates elements into an artwork
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that they had not previously utilized. In those circumstances, only the artist would know if the painting
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is their work or a fake.
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In November, 2013, I received a call from Mr./Ms. Hughes requesting restoration and reframing
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for a painting. Hughes mentioned that Cass Dowt, a colleague and appraiser, had recommended me to
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Hughes. According to Hughes, Dowt suggested that a painting that Hughes recently purchased needed
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some restoration work to increase its value. I met with Hughes at my studio on November 8th. As I do
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with all of my customers or potential customers, my first order of business is to confess my prior life as a
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forger. I do so with great humility, as I realize now that when you are on the receiving end of forged art,
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you feel violated. We then discussed the general nature of my services and my fees of $250 per hour. I
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also showed Hughes several of restoration projects that I was in the process of completing, in various
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stages of the process from the beginning to the end. I use a raking light to show how a painting, when
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it is first received by me, may have heavy, poorly done restoration. Then I show the other steps in the
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restoration process, including cleaning, structural repairs, touch-up, and applying varnish.
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When a customer is considering hiring me to do conservation work, I think it is important to
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educate the customer so that they see the value of my services and can understand the necessity of
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conservation to maintain the value of their investment. Deterioration due to age is a fact of life for
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everything, including art. Deterioration is constant, relentless and ongoing. Conservation treatment is a
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way by which we can slow down this deterioration and attempt to preserve the art piece. I explain to
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my customers that paintings are fragile creations that require special care to ensure their continued
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preservation. Paintings consist of various layers. Traditional paintings are finished with a coat of varnish.
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Paintings that do not have all of the traditional layers may be more fragile and susceptible to change or
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damage.
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Hughes asked me to do the restoration work for the painting that he/she had recently
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purchased. My schedule was already booked solid and I hesitated to take on another commitment,
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especially if a customer wanted a quick turnaround. Hughes told me that he/she was in no hurry and
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that he/she was leaving soon on a four month cruise. Hughes then told me the painting was by the
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artist Elvida Colline depicting a scene on Lake Lemon. My interest was piqued, as I have long
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appreciated Collines work. So, I agreed to view the painting at Hughes home before making a
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commitment to accept the restoration job.
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After our initial meeting, I met with Hughes the following week at his/her home in Crows Nest.
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After seeing the Colline Fishing at Dawn painting, I was excited about doing the restoration work. I have
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always admired Collines work and style. There are so few of her paintings remaining because of the fire
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at her studio in the late 1920s. I felt it was an honor to work on the piece. I wanted to do my part to
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preserve one the few Colline Impressionist paintings remaining. I consulted with Hughes about doing
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his/her part also to preserve the painting. We discussed proper conditions such as humidity,
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temperature, direct and indirect lighting, and even proper dusting techniques. We also discussed the
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best location in the house to hang the painting. Finally, I cautioned Hughes that a rare piece like the
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Colline painting would have thieves scouting the place, especially with no one home. I suggested hiring
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contractors that I knew to install proper lighting and a highly sophisticated security system. I recall
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spending more time consulting about how Hughes could best preserve and display the painting in
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his/her home than the time I spent examining the painting. I probably did not spend more than fifteen
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minutes looking at the painting. My only thought was that I did not see heavy restoration work done
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previously, so I estimated that it would only be between 15 and 20 hours of conservation work.
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I was not able to work on Hughes painting prior to January due to the holidays, and I was
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committed to other private collection restoration projects. Also I was involved in restoration work at
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Wishard Hospital involving murals created by American Impressionists from the Hoosier Group. The
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mural restoration was a pretty exciting project, but it was time-consuming. Finally, I was able to arrange
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and have the painting delivered to my studio on January 6, 2014. I knew when it was delivered that my
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time would be limited in working on it, and that I would have to work on it intermittently between the
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mural project, an off-site restoration at a local church, as well as other privately owned collections and
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pieces which had been contracted earlier.
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I actually didnt see the painting when it arrived. The painting had been wrapped in paper and
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then securely stored in a crate. The contractors said that they wrapped it up and protected it from the
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dust from their work shortly after Hughes left for the cruise. In hindsight, I probably should have been
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more fastidious about confirming the delivery was legitimate and arrived undamaged. I should have, at
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a minimum, taken a cursory glance of the painting, inventoried it, and taken a photograph. For all I
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knew, it could have been a print of Scooby-Doo behind that brown wrapping.
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When the piece was delivered to my studio, I set it aside because I knew I had a few months to
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work on it. My pressing priority at the time was consulting in another case with the FBI regarding an art
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forgery, which preoccupied much of my time for the next month. Actually, that has become my most
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lucrative source of income. In the United States, I am one of only a handful of experts on American
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Impressionist artists. Many consider me to be the preeminent authority on the Midwest American
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Impressionist and Hoosier colonies. I have been an expert witness for the FBI, the IRS, state attorneys,
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almost always as a dis-interested third party. This particular case is quite unusual because I was hired
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to do the restoration work, and I was the first one to suspect and ultimately detect the forgery. Usually,
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there is a suspicion of a forgery and I confirm that the artwork is a forgery. When Ive been called to
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testify, I have always concluded that the artwork in question is a forgery. I wouldnt be testifying if the
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artwork was authentic. There would be no dispute.
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Cleaning and restoring a painting is very delicate and tedious work. A good restorer will make
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sure that all techniques used in the restoration process are reversible and that any retouching is limited
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to the specific areas of damage. It typically takes about one to three months from the time the
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restoration begins until it is finished. Oil painting restoration is an exacting, labor intensive process and
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adequate drying time is necessary between steps of the restoration process. The first step is to remove
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the frame carefully so as not to damage an aged canvas. The next step is to clean the painting of dirt,
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smoke, grime and other stuff that, over many, many years, has accumulated and adhered to the
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surface of an oil painting. The cleaning of a painting is a slow, methodical process using special solvents
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and neutralizers, cotton balls, Qtips, and hours upon hours working 2 square inches at a time under a
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bright light and magnifier. Most oil paintings have had one or more coats of a varnish applied. So, the
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next step is to remove the varnish. Subsequently, the conservator will repair damages, such as holes,
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scratches, peeling, chipping or other damage to the surface of the painting. Then, inpainting or re-
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touching will begin. This is the process that requires the highest level of skill because the integrity of the
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original painting must not be compromised. While many individuals can learn to clean a painting, kill
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mold, and even repair a tear or hole, it is the careful reapplication of paint to the surface of the painting
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that reveals the difference between having a painting restored by a technician or a true artist. The
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careful and precise mixing and application of oil paint and replicating the original artists technique is
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crucial. The last step is to apply a varnish to protect the art.
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Once Hughes painting arrived at my studio, it was several weeks before any restoration work
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began. We were behind in fulfilling commitments on other restoration work, and we were balancing the
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private collection restoration work with the Wishard Hospital mural restoration. I had the added
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obligation of assisting the FBI on a forgery case. So, I had my assistants handle some of the groundwork
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on the Hughes restoration work removing the frame and handling the tedious, time-consuming
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cleaning process. Finally, after the preliminary work was done, including the cleaning, removing the
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varnish, it was given time to dry. All of that work was delegated to my assistants. My expertise was in
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the actual restoration of matching the strokes and colors and images where needed to bring the picture
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back to its full glory.
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Once I began my part of the work for the restoration is when I began to question whether it was
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a forged piece. I didnt initially suspect it was a forgery. In fact, it was a very good, almost perfect,
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forgery. Even the signature of E. Colline appeared authentic. But I noticed a few things. I took my
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time, just like I would do if I had been hired to detect whether it was a forgery or to verify it was
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authentic. There were subtle changes and clues the shadows of the trees by the dock looked
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unnatural, but could have also been a stylistic change by the artist. The darker shadows among the trees
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looked flat, rather than deep and had a uniformity that I found unconvincing. There is also a spot at the
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back of the boat that seems out of place. Over the next few days, I studied Hughes painting more
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closely. I used 50x magnification to look at the age of the painting and to see if the cracks in the painting
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were consistent with its age. I was unable to confirm that the cracks were fabricated. Of course, a
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highly skilled forger can add cracks to a recently painted piece that goes virtually undetected by baking
455
the painting in a low temp oven.
456
One additional tool available is a long wave ultraviolet light, which is frequently referred to by
457
the oxymoron black light. I use ultraviolet light to establish authenticity. One telltale sign of a forgery is
458
the paint pigments. Some forgers unknowingly will use paint pigments that were not available at the
459
time the work was allegedly created. Different painting materials exhibit characteristic fluorescence
460
when exposed to ultraviolet light. Using a portable ultra violet light, I observed that the shadows among
461
the trees all fluoresced brightly and were therefore, in my opinion, a type of pigment in the paint that
462
was not available in the 1920s. I don't believe the discrepancies were a matter of changes to the
463
varnish from cleaning or restoration. Based upon my training and expertise in Collines paintings and
464
other American Impressionist paintings, it is my opinion that the purported Elvida Colline painting called
465
Fishing at Dawn is a fake.
466
It is also my opinion that Lou/Lu Ting misrepresented the painting as authentic. It is also my
467
opinion that Ting failed to perform necessary due diligence before offering the E. Colline painting for
468
sale at the charity auction. Ting has a duty to verify the paintings provenance and to confirm the
469
authenticity of the painting through the retention of qualified experts that will thoroughly examine the
470
painting through subjective and scientific methods.
471
472
I contacted the FBI as soon as the UV light confirmed my suspicions. On that same day, April 7th,
I contacted Val Hughes. I told both of them that the Colline painting was a forgery.
473
I am familiar with Cassidy Dowt. Dowts training and background is as a museum curator and as
474
a connoisseur, studying the work of an artist. In contrast, I am a conservator. A conservator tends to be
475
more objective than a connoisseur. The conservator and connoisseur both use magnifying glasses to
476
examine the artwork more closely. After using magnification, a connoisseur is likely to stop further
34
477
investigation. They will only do further work after the initial visual examination if there is a red flag that
478
causes suspicion. The conservator will explore more deeply to get a complete picture.
479
I understand that Dowt performed an appraisal of this painting for insurance purposes for
480
Hughes. Given that the purpose was for insurance purposes, I believe that Dowt may have been sloppy
481
in performing the appraisal for this painting. Insurance companies will accept values from almost any
482
source and they are not particular as to the amount of detail or work that is done to provide an opinion
483
for the appraisal.
484
Generally, I have a lot of respect and admiration for Dowt's expertise. However, Dowt is
485
arrogant and pretentious. Dowt wants to sound erudite and knowledgeable, using lots of art jargon.
486
His/her character makes no difference to me unless it interferes with his/her assessment of art he/she
487
has evaluated. In this case, Dowt's arrogance is getting in the way of the facts. Dowt won't let his/her
488
ego admit that he/she is wrong. That ego also causes him/her to discredit opinions contrary to his/her
489
own. He/She is impressed with his/her own credentials and does not believe anyone has the ability or
490
credentials sufficient to evaluate art in the same manner as he/she does. I disagree that one needs
491
formal training to detect forged art pieces. In fact, I think understanding how forgers work gives me an
492
edge that Dowt can never have. Cass and I have evaluated several paintings in the past and in all of the
493
prior cases we have reached the same conclusion as to the authenticity of the work. This is the first
494
case that we have differed, and quite frankly, I think Cass is standing by his/her opinion to avoid liability
495
for failing to detect the forgery at the time he/she appraised the piece.
496
Dowt relies heavily upon the provenance of the painting. In the fine art market, generally, the
497
artworks carry provenance establishing a history of exhibitors, ownerships or publications in which the
498
paintings authenticity and importance is verified. Often there are stickers on the back from particular
499
collections or exhibits which adds to its credibility and market value. In this case, no stickers were
500
present. Still, Dowt relies upon the statements of Doane Orr that E. Colline was a family friend of the
501
Orr family and that the painting was given to Beau Teak shortly after its creation, and remained in the
502
possession of Beau Teak until his death, then given to his daughter June Orr, who then gifted it to the
503
Foundation.
504
However, the apparent provenance can blind those associated with a painting owner and
505
appraiser to facts that in hindsight seem fairly evident. For example, a very well-known Norman
506
Rockwell painting, titled Breaking Home Ties was purchased directly from Rockwell and remained in the
507
possession of friend and fellow illustrator, Don Trachte. It was one of several paintings contested when
508
Trachte and his wife divorced. Trachte generously loaned the painting for exhibitions. Twenty-five
35
509
years later, the painting was in an exhibition when it was noted that there were disparities in the
510
painting from a picture of it in the Saturday Evening Post cover of 1954. No one suspected that it was a
511
copy of the real painting created to protect the original. Subsequently, it was discovered that Trachte
512
had a false wall built in his home where he had hidden his originals while hanging the copies on the wall
513
for others to see. So, the moral of the story is Caveat Emptor, translated Let the buyer beware!
514
and knowledge.
515
516
Chris Cross
517
518
36
519
520
Statement of Hunter OKlooz

My name is Hunter OKlooz. I am a Special Agent with the Federal Bureau of Investigations. The
521
FBI defines its core values as obedience to the Constitution, dignity of those it protects, compassion,
522
fairness, integrity, accountability, and leadership. I have been a Special Agent for 28 years, after
523
graduating from University of Notre Dame in Art History. A special agent must be a US citizen, and have
524
a Bachelors degree from an accredited University. All employees of the FBI undergo a thorough
525
screening and background check in order to qualify and maintain a top-secret security clearance.
526
Once selected to become an FBI agent, we train for 20 weeks at Quantico, Virginia. There are
527
200 categories of Federal law that come under the FBI's investigative authority. The FBI, in addition to
528
protecting the United States from terrorist attacks and foreign intelligence ops and espionage, also
529
combats public corruption, criminal organizations and major white collar crime.
530
To be quite frank, the United States has a lukewarm commitment to art crime. Of the 14,000
531
special agents in the FBI, there are only 16 agents assigned to the art theft team. The Bureau generally
532
assigns cases to the appropriate squad in the city where the crime occurred regardless of expertise.
533
Once assigned, art theft crimes are rarely transferred. It is often forgotten among cases involving
534
corruption of public officials and violent acts of gangs and gangsters. There is a perception that art
535
forgery is a victimless crime, or rather that it only affects the very rich and that these elitists deserve to
536
have the wool pulled over their eyes. The prison sentences for art forgers tend to be slight too, and
537
many forgers achieve fame and wealth after they are caught.
538
Yet, art theft and forgeries should be a major concern of the FBI. Art forgery, fraud, and theft
539
are the 3rd largest crimes in the country in dollar value, only after sales of illegal drugs and firearms.
540
There is an estimated $6 billion in losses due to art theft annually. Art crime is a problem of epic
541
proportions. Art forgery is widespread and routine.
542
Art theft includes theft, looting, and faking originals, and transporting illegal art across state and
543
international lines. Art thieves are different than art forgers. Art thieves have no specialized knowledge
544
or skills, and tend to steal art only on one occasion. Art forgers, in contrast, are complex psychological
545
characters, driven by a diverse range of motivations to the life of crime, such as fame, revenge, pride,
546
and of course, greed. The most common is greed. Frequently, pride plays a role in the forger's modus
547
operandi. The forger takes pride in fooling those considered to be experts, especially museum curators
548
and the heads of auction companies who often can be smug and arrogant.
549
Forgers fake art in all price ranges, not only expensive pieces or those by famous artists. So
37
550
don't think that you're safe just because youre not buying a Monet. Fifty-two percent (52%) of all
551
pilfered works are taken from private homes and organizations, such as galleries, churches, and
552
archaeological sites. As an interesting aside, the US government has a warehouse full of art forgeries
553
and relics and uses those fakes for undercover work to catch Columbian drug dealers.
554
One of the most interesting FBI investigations into public corruption was the undercover sting
555
operation named ABSCAM. The name came from a fake company set up by the FBI, supposedly run by a
556
rich Arab sheik who wanted to invest oil money in valuable artworks. FBI agents posed as
557
representatives of the sheik to target mobsters trying to sell forged paintings. As it turned out, the
558
evidence led to arresting members of Congress, who offered to arrange for a state gambling license in
559
Atlantic City in exchange for a bribe from the fake sheik who supposedly wanted asylum in the United
560
States.
561
The art market is not a regulated market. All one has to do to go into business is hang out a
562
shingle and find a place to display the art for sale. There are few protections from shady art dealers,
563
cunning forgers pretending to be sophisticated experts, auction companies, and even internet sales.
564
Often a buyer of fine art will not find out for years, if ever, that the art purchased is a fake.
565
Victims generally share common characteristics. First, victims of art fraud are usually
566
unsophisticated first time buyers. They are propelled into a market which they know very little and rely
567
totally upon the representation of others. Second, they have sufficient capital to invest. Third, they
568
have an interest in art, but naivet about the art market. Too often the art dealer, or in this case, the
569
auction company will take advantage of the ignorance of the buyer. They count on the tendency of
570
most people to rely upon the expert and to trust that surely they would not take advantage of him/her.
571
A purchaser needs to exercise his/her own due diligence. They need to do independent research and
572
obtain a separate appraisal prior to an art purchase.
573
The primary burden of due diligence, however, falls upon the dealer or auctioneer selling the
574
painting. The auctioneer has a responsibility to verify the authenticity and provenance of a painting.
575
This entails thoroughly researching the paintings history, examining the painting in person, using
576
fluorescent lighting, and even submitting a valuable painting to the International Foundation for Art
577
Research (IFAR).
578
Dealers and auction companies often avoid digging very deep into the authenticity of a work of
579
art in order to turn a blind eye to the possibility that it is a forgery. One of the secrets that art dealers
580
and auction companies keep to themselves is the number of fakes in circulation and in collections.
581
Bogus works of art hang in all museums and galleries, appear in almost every auction, and are sold
38
582
online. No dealer wants the reputation of being a whistle blower on another dealer as it will only be a
583
matter of time before the tables are turned. Consequently, most fakes will often just reappear on the
584
market.
585
If the art dealer or auction company disclosed the truth, they would lose the money they
586
invested. Galleries and auctions often are unwilling to guarantee the art sold because they dont want
587
the forgeries back. In their book "Everyones Guide to Buying Art, authors Peggy and Harold Samuels
588
say that every art buyer should determine their personal painting size. The authors explain that your
589
size is the measurement of the curled fingers of your hand to your armpit because after your
590
purchase, if you try to sell the art, you will go from gallery to gallery with the painting under your arm
591
looking for a buyer to unload it.
592
I am familiar with Charity Operations Network (CON), the defendant in this case. I have studied
593
Charity Operations Networks practices and routines in depth. For years, Ting and Charity Operations
594
Network have been on my radar, and under investigation by the FBI, for suspicion of art fraud. Whether
595
or not Ting and his/her business are primary participants in a forgery scheme, their actions or rather
596
inactions perpetuate an environment and culture where forgeries are part of the marketplace. Ting
597
made several misrepresentations at the night of the auction according to Hughes that induced him/her
598
to purchase a forgery. Ting falsely stated that all signatures on the artworks are verified by independent
599
experts. Ting also misrepresented that the Colline Fishing at Dawn painting was authentic, and we now
600
know that not to be true.
601
Ting also negligently failed to uncover the forged Colline painting. Ting and Charity Operations
602
Network are prime examples of turning a blind eye toward uncovering a forgery prior to selling it to the
603
detriment of victims of forgeries. In my opinion, the company helps art cons because it does not
604
perform sufficient due diligence. CON does not look closely at the works of art it sells. Due diligence
605
requires a dealer or art auction company to thoroughly examine a painting and compare it with other
606
known legitimate works of an artist. A thorough investigation of a painting requires looking at every
607
aspect of the painting. For example, a forger may unwittingly add a motor to a rowboat, not realizing
608
that power motors were not invented until years after the artists death. If something looks off in a
609
painting, then it should raise red flags, and an expert should be brought in to evaluate its authenticity.
610
Due diligence requires examining the painting using a magnifying glass. There are several clues
611
that can tip off an examiner as to a forgery. Sometimes forgers leave evidence of previous marks when
612
a forger tries to sketch the original artist's rendition before creating the painting itself. Or the forger's
613
paint strokes may show unusual paint brush lifts and bluntness, rather than something fluid and
39
614
smooth. Often a forgery is revealed in the signature of the painter. The signature may have an uneven
615
writing speed and pressure, or hesitations. When examining artwork for authenticity, we for the cracks
616
that naturally occur with the age of a painting. Close magnification will reveal that some forgers
617
attempt to replicate those cracks by painting them on the fake piece. Magnification will also reveal
618
whether worm holes in the frame or painting are real or replicated.
619
Due diligence also requires the auction company to use a raking light to determine if there has
620
been restoration work, and to better understand the condition of the painting. Further investigation
621
may be required using an ultra violet light to determine the pigments and type of varnish used to
622
determine if the elements are found in the painting are consistent with the time period.
623
Ting also does not thoroughly check the provenance of a work of art that CON is selling through
624
the auction. Due diligence requires that the dealer or auction company verify the chain of ownership
625
through verified documentation. Also the provenance verification should include reviewing the exhibits
626
and publications where the artwork has received acknowledgement of its authenticity. Often museums,
627
galleries and special exhibitions that display the artwork will include a stamp or sticker on the back of
628
the frame of the art work, if possible. In the case of the Fishing at Dawn painting, there were no stickers
629
or stamps showing that the Colline painting had ever been displayed in an exhibit, even though we know
630
that Fishing at Dawn has been exhibited several times.
631
CONs buyers likely are victims of fakes. CON does not have enough information on the artist
632
and does not do enough research. Ting has not sufficiently developed a connoisseurship and does not
633
have enough contacts with experts to solicit a second opinion. Duped buyers at one of Tings auctions,
634
unknowingly, have fake paintings displayed in their fancy homes with the latest and greatest accent
635
lighting and expensive security systems to protect what they still think is a valuable piece of art. Those
636
buyers may never discover their prize possessions are worthless. People believe that an auction house
637
expert wouldnt let a sale go through, if it wasnt right. Unfortunately, charity auction companies often
638
have moved on to new fishing grounds and are unaccountable.
639
CON moves tons of artwork regularly under the pretense of helping charities. Don't be fooled
640
by the "charitable" aspect of Ting's business. There's nothing charitable about it. Tings business is in
641
the business of making money. Sure, Ting supposedly helps charitable organizations - - for a fee.
642
And don't be conned by Ting's panache and charismatic persona. Ting may roam the world's
643
palaces and villas, charming owners with his/her extensive knowledge of fine art, all the while
644
convincing people to part with their priceless artwork. Behind that disarming exterior is a slick snake in
645
the grass. To keep his/her business going, Ting preys upon people at their moment of weakness - the
40
646
"three D's" - divorce, death and debt. But don't worry, one day, I know, Ting will slip up, and well get
647
him/her.
648
I was the lead investigator in the previous investigation of Ting and his/her charitable auction
649
company. At the time, Ting operated under a different business name - Services for Charity Auctions &
650
Management, Inc. The business folded after insurance fraud claims were filed against it. The
651
investigation involved artwork lost in a fire in Tings storage unit. A fire always raises suspicions. There
652
were rumors that Ting had stolen the artwork and replaced it with fake artwork which were destroyed in
653
the fire. The arson investigation revealed that the fire was intentionally set, but I never could prove that
654
Ting was behind it. I was frustrated that we were never able to make an arrest of Ting in the prior
655
incident.
656
I thought that when the Colline forgery was discovered that we would have a solid criminal case
657
against Ting, only to be out-smarted again. Ting had an opportunity to have a forgery created and swap
658
it out before the painting was delivered to Val Hughes. Ting had the painting at his/her facility for nearly
659
four months. Despite a vigilant investigation we could not determine that Lou Ting had the necessary
660
criminal intent to pass off a forged piece at the time of the sale of the painting to Val Hughes. You have
661
to keep in mind that in a criminal case, the prosecutor has to prove guilt of the crime beyond a
662
reasonable doubt, whereas in a civil case the burden of proof is by preponderance of the evidence. If
663
the Department of Justice only had to establish proof by a preponderance of evidence, there would be
664
plenty evidence to find him/her liable.
665
Chris Cross reported the Colline Fishing at Dawn forgery to me on April 7th, 2014. The FBI's
666
investigation in this case was inconclusive and therefore we did not bring criminal action against any
667
person in connection with this forgery. The FBI agrees with Chris Cross that the artwork by Elvida Colline
668
in the possession of Val Hughes is a forgery. The FBI did not undertake its normal, routine steps to
669
confirm the forgery because Chris Cross had already identified the piece as a forged work. Chris
670
provided his/her analysis in determining the piece to be a forgery, and as the FBI often relies upon Chris
671
for forgery determinations, there was no need to duplicate the work.
672
I am fully aware that Chris Cross previously was an art forger. However, I have seen a true
673
transformation of Cross. I believe after his/her imprisonment for forgery, Cross is now a changed person
674
and actually helps the good guys. We keep a close watch, of course. It can be so easy to slip back into
675
the life of crime. It probably comes as no surprise that conservators (restorers) who are practiced in the
676
technical tools and historical methods of artists have on occasion been found to be behind forgery
677
schemes. Van der Veken is one of the most widely known. His expertise and connoisseurship made him
41
678
the preferred conservator. He was entrusted with some of Belgiums greatest masterpieces, but
679
instead used the opportunity to forge and switch out the original masterpieces. In Cross case, it was
680
never about money. Cross wanted notoriety as a forger. Cross successful business and reputation in
681
the art world now as a conservator satisfies that need. So the FBI has classified his/her recidivism as
682
low risk.
683
I am convinced that Lou Ting was behind the forgery of the Colline art piece. Ting had the
684
opportunity to switch out the art piece between the time of the auction and the time the piece was
685
delivered to Hughes. My suspicions were raised and my investigation focused on Ting as soon as the
686
forgery was discovered because of a prior investigation involving Ting.
687
688
689
and knowledge.
Hunter OKlooz
690
691
42
692
Statement of Lou/Lu Ting
693
My name is Lou/Lu Ting. I am the owner of Charity Operations Network, formerly Services for
694
Charity Auctions & Management, Inc. Unfortunately the latter business closed its doors in 2008 when
695
there was a financial crisis. Investors were no longer flush with cash to invest in fine art. The
696
uncertainty of the stock market created cautiousness for giving generously to charities. I started Charity
697
Operations Network in 2010. Charity Operations Network is a fundraising company specializing in
698
benefit auctions of fine art. We help charities throughout Indiana and the Midwest to raise funds to
699
benefit people and organizations in need. We provide our services to over 100 charities and
700
organizations every year.
701
I have a Doctorate in Art History from the University of Chicago with a concentration in
702
twentieth century art. I received my Bachelor of Arts degree in the History of Art from the University of
703
California, Berkeley. I also have completed graduate level courses at Indiana University on "Appraisal of
704
Paintings," and Due Diligence, as well as courses through the Appraisal Studies program at New York
705
University on "Old Masters and 19th Century Paintings" and "Fine Art Restoration." I also completed
706
coursework at the Center for Philanthropy and Fundraising through New York University.
707
I started as an Auctioneer for charities about fifteen years ago when a friend asked me if I would
708
do their benefits auction. The auction was a success. A few years later, I formed my company, and I
709
have continued to assist charities in fundraising through fine arts auctions as my lifes work. I believe in
710
channeling creativity for a good cause, raising funds on behalf of programs and services that help others.
711
In order to be a charity arts auctioneer, not only is it imperative to have a solid foundation in art
712
history and art mediums, as well as a background in appraisals, but it is imperative to have excellent
713
communication skills. Public speaking skills are utilized not only during the auctioneering process, but
714
also when speaking with potential donors to donate art to be sold at an auction for charity, as well as
715
potential buyers. An auctioneer needs to thrive in a fast paced environment and be a natural
716
entertainer. When speaking to donors and potential buyers, it is important to be personable and
717
engaging, outgoing and enthusiastic, and persuasive while at the same time demonstrate poise,
718
confidence, and maturity. As a charity arts auctioneer, I also have the ability to educate people on art
719
history and the value of fine art. It may sound self-aggrandizing, but you also have to have an attitude of
720
importance and affluence. It is necessary in this job to travel where the rich and famous travel, and to
721
adapt to a diverse group of people and cultures. My expense budget for travel, meals and
722
entertainment is significant because I need to wine and dine potential donors. It goes with the territory
43
723
of hobnobbing with the elite to get what you want. I dont view any of it as unscrupulous. I am doing
724
charities a favor by getting donations for them. Dont get me wrong, Im not twisting any arms. The
725
donors want to give to charities; its just sometimes they need a little help being directed to your worthy
726
cause.
727
I am well versed in all styles of the fine arts, including Baroque and Renaissance periods, as well
728
as Impressionism, American Impressionism, Post-Impressionism, Modernism, and Contemporary. I have
729
concentrated the majority of my studies, however, in Impressionism and American Impressionism.
730
To understand the Elvida Colline painting that is the subject of this lawsuit, it is important to get
731
a brief lesson in art history. You cant analyze a painting or form an opinion on its authenticity without
732
understanding the key components of a certain style and having a background in how that style
733
developed.
734
In the early 1860s, four young paintersClaude Monet, Pierre-Auguste Renoir, Alfred Sisley,
735
and Frederic Bazille shared an interest in painting landscape and contemporary life rather than historical
736
scenes. They often ventured into the countryside together to paint in the open air. They painted in
737
sunlight directly from nature and made use of brighter and bolder pigments, such as cerulean blue, in
738
their painting, creating a lighter feel. Impressionism was born.
739
The development of Impressionism was, in part, a response to the development of photography
740
and the artists attempt to create a snapshot of life through their paintings, where movement was
741
more fluid and temporary, and the action of day-to-day life was captured. Prior to the Impressionists,
742
the subject matter of the painting was the focal point. The Impressionists relaxed the boundary between
743
subject and background.
744
Many American artists studied in Europe and brought the Impressionism style with them when
745
they returned to the United States. Groups of artists who shared a common vision in their art formed in
746
small towns that provided affordable living and abundant scenery for painting. From the 1890s through
747
the 1920s, American Impressionism flourished in these art communities. One such group was the
748
Hoosier Group based in Indianapolis. The leader of The Hoosier Group was T. C. Steele. His home in
749
Brown County was a gathering spot for many of these painters. As plein-air painters, they focused on
750
local scenery, especially nearby Brown County. The Group became known as one of the most notable
751
regional art centers in America in the early twentieth century. Thus, their paintings are very desirable
752
in the open market.
753
American Impressionist paintings are distinguished by certain key components and techniques.
754
Paint is applied in short, thick strokes to a white ground. The paint is often applied impasto. Colors are
44
755
applied side-by-side with as little mixing as possible. The play of natural light is emphasized, and
756
shadows are boldly painted with the blue of the sky reflected on various surfaces, giving a sense of
757
warmth and newness.
758
Many American Impressionist artists, including Colline, moved toward Modernism in the 1920s,
759
and the Impressionist style became out of vogue. Impressionism in America lost its status in 1913 when
760
an exhibition of modern art took place in New York City. The Armory Show showcased a new painting
761
style which was considered more in touch with the fast-paced world, after the outbreak of the World
762
Wars.
763
Elvida Colline, in keeping with the Impressionism and American Impressionism style, focused on
764
the naturalistic depiction of light and color. Her paintings focused on small, thin, yet visible brush
765
strokes, open composition and an emphasis on light and its changing qualities. Paintings were generally
766
ordinary subjects, with an inclusion of movement.
767
Collines Fishing at Dawn exhibits these elements of the typical American Impressionist style.
768
Colline, along with other American Impressionists, desired to have their paintings represent modern
769
life. Colline would often paint his/her subjects as they stood near the shallow water or in a boat. Nature
770
was primarily a social experience to these painters. Also, the ever-changing face of nature lent itself
771
perfectly to their interest in capturing fleeting moments of everyday life.
772
A lot of enthusiasm is generated when a Colline Impressionist painting is in an auction. It is rare
773
to see one of her paintings. In 1927, her studio was engulfed by fire and she lost all of the paintings that
774
were in the studio. She switched painting styles to Modernism shortly thereafter, so few of her
775
Impressionist landscapes exist in todays market. The few remaining paintings are in the hands of private
776
collections. Thus her landscapes are quite collectible and often priceless.
777
Fishing at Dawn is quite a remarkable painting. Not only is it one of her rare Impressionist
778
paintings, but it is also of excellent quality. The painting was one of her last Impressionist paintings and
779
her talents were at the height of her career. The energetic, flickering brushstrokes are an expression of
780
Colline's excitement in the effects of light and color. The rhythms of the rounded forms in the trees,
781
along with the fluid brushwork, contribute to the vitality and sense of movement in Fishing at
782
Dawn. There is nothing immobile in our surroundings and therefore nothing immobile in Colline's
783
paintings. Waves lap against the shore. Clouds change shape and change places continually. Colline
784
explained that "one must paint quickly because much is lost in an instant and can never be found again."
785
786
I had been following the Fishing at Dawn painting. It had been shown at various museums and
special exhibitions in the 1990s and early 2000s. That tells me a little something about the owner of
45
787
the painting. It told me that the owner was willing to let it go, even if only temporarily, and that the
788
owner appreciated that others would enjoy seeing it. So I made arrangements to meet with June Orr in
789
February 2005 to see if she was willing to part with the painting for the benefit of one of the charities I
790
assist.
791
When I met with June, she was thrilled that there was so much interest in the painting. I could
792
tell she was unaware of how valuable it was, even back then. To her, it was just a painting of her mother
793
and father doing what they always did every morning at the crack of dawn. She enjoyed the simplicity of
794
the painting and it transported her back in time to her childhood memories. She explained to me that
795
her father and mother (Beau and Ann Teak) owned a small farm in Brown County, and when some
796
painters were looking for outdoor landscapes to paint, they loved the small lake, trees and lighting on his
797
farm. The painters were part of the Hoosier Group. Junes father invited those painters to come and go
798
freely on the property, and offered them a place to stay. Eventually, as a gift for all of the kindness that
799
her father had shown these painters, Elvida Colline gave a painting to him, Fishing at Dawn.
800
I used my persuasive skills and transitioned our conversation from the giving acts of Junes father
801
to the acts of giving that she could also provide to so many others. The painting was central to the giving
802
and paying it forward. It all started with Junes fathers act of kindness. Elvida paid it forward with the
803
gift of the painting and now June could do the same, or so my argument was. June needed no time to
804
contemplate her decision to provide a specific bequest in her will to donate the painting to the Caring
805
Hearts Childrens Hospital Foundation. A week later she called me to let me know that her will had been
806
changed to include the gift of the Colline painting to charity.
807
I met with June after the specific bequest had been made to obtain a copy of the will for my
808
files. I also took steps at that time to authenticate the painting and to examine its condition. The
809
authentication of works of art is more art than it is science. Technically, the only person who can
810
authenticate an artwork is the person who created it. If the artist is deceased, you perform your own
811
due diligence.
812
The next best way to authenticate an artwork is to consider its provenance, that is its history
813
and story. Thus, as a student of art history, I have a unique understanding of connecting the dots to
814
authenticate a painting. A painting may be authenticated by verifying a person was present when the
815
painting was created. Although Beau Teak and Ann Teak were deceased, I learned that the painting had
816
been in the familys possession since it was originally painted. June was able to show me photographs
817
of Elvida Colline on the family farm, along with some of the other painters from the Hoosier Group. Of
818
particular importance, was a photograph of Elvida, Beau and Ann standing in the front room of the
46
819
family home next to the Fishing at Dawn painting. On the back of the photograph, was hand scribbled
820
Elvida, Beau and Ann September 22, 1928 (Beaus birthday present). I explained to June that it is
821
important to establish a history of the painting so that it can be shown to be authentic and therefore be
822
of more value to the Hospital Foundation. She let me have the photographs of the plein air painters and
823
the photograph of the gift of the painting. Unfortunately, that documentation of the paintings
824
provenance was destroyed in a fire at my shop in April, 2008. Fortunately, June had not entrusted me
825
yet with the Colline painting so it had not been destroyed in the fire too.
826
The fire to my facility in 2008 was devastating. I lost nearly everything and even had to close my
827
doors to business later that year, although the struggling economy didnt help matters. Fire
828
Investigators determined that the fire was intentionally set and ruled it as arson. I certainly had nothing
829
to do with the fire. Im not sure who would have set it, but I did everything in my power to cooperate
830
fully with the investigators and provide as many leads as possible. I was investigated by the FBI and
831
Agent Klooz in connection with that fire. The FBI subsequently closed its investigation, and to my
832
knowledge, never was able to identify the arsonist. It was preposterous that I would destroy all of those
833
beautiful paintings that had been entrusted to me for the benefit of the charities I support. I admit, the
834
2008 years were lean years, and art was not carrying the value it had carried in prior years, but I am
835
passionate about my job especially knowing that I benefit charities each and every day, which touches
836
thousands of lives.
837
If it was arson, the only thing I could think of who would set it would be some disgruntled
838
divorcee or heir that thought some valuable work of art should have been their possession rather than
839
benefitting a charity. Some people misunderstand too that although the fine art is held by my company,
840
it hasnt been given to my company. I am not receiving a half million dollar gift, for example. It is the
841
charity that receives the gift. My company is merely the conduit to make that happen. And I am
842
compensated with the buyers premium that is added on top of the hammer price, the successful
843
auction bid.
844
In addition to the photographs to establish the paintings provenance, which unfortunately I no
845
longer have due to that fire, I also documented the museums and special exhibitions where Fishing at
846
Dawn had been displayed, thereby establishing that those museum curators and other connoisseurs
847
believed it to be authentic.
848
June was kind enough to allow me to make an examination of the painting in her home. I made
849
a complete examination of the painting. Nothing seemed out of place. The objects in the painting
850
seemed natural and sized proportionately, the pigments all seemed fitting to the period, there were no
47
851
distortions of cracks in the surface like it had been recently created, and the brushstrokes seemed
852
natural and not forced or imitated. Given my familiarity with Collines painting it appeared to be 100%
853
consistent with her style and techniques. Given the provenance that had been established and my
854
physical examination, I was of the opinion that the painting was authentic and that there was no need
855
for further testing.
856
June Orr passed away in May, 2012. Receiving the painting was more complicated than I had
857
contemplated. Junes family filed a lawsuit contesting the will regarding the specific bequest of the gift
858
of the Colline painting to the Caring Hearts Childrens Hospital Foundation. Isnt that ironic? In one
859
lawsuit I am defending the gift of the painting because everyone believes it to be authentic, and now I
860
am embroiled in this litigation defending the same painting that the plaintiff alleges is not authentic.
861
With regard to Junes family and heirs, I understand their frustration. The painting was the only
862
asset of value in the estate. In addition, the painting held special memories for the family. The painting
863
depicts Beau and Ann Teak fishing, a favorite pastime. At least the family was able to enjoy the painting
864
a little while longer while the lawsuit was pending. After a long drawn out battle, on July 22, 2013, the
865
court ruled in favor of upholding and enforcing the wills provisions for the painting to benefit the Caring
866
Hearts Childrens Hospital Foundation by auctioning the painting to the highest bidder. Despite the
867
battles in court, once the judge made her ruling, Doane Orr has cooperated and we have no animosity
868
between us. Doane delivered the painting to Charity Operations Network a week later, just in time to be
869
included in the Catalogue for the Charity Auction and Gala.
870
Once I received the painting from Doane, I used my independent experts to verify the signature
871
of Elvida Colline to be authentic. The company I use for signature verification of all signed art pieces is
872
TruWrite. The company is nationally recognized for their expertise in handwriting analysis. I ordinarily
873
receive written confirmation of the signature verification for each piece, but it must be mis-filed. I
874
checked with TruWrite for a duplicate copy and was told that the company only keeps the records for
875
one year as possession of an art piece may change hands after one year and theres no guarantee that
876
the painting couldnt be switched out if ownership changes. TruWrite did confirm, in its opinion, the
877
signature of E. Colline to be authentic.
878
A week prior to the auction, Charity Operations Network mailed to every invitee a high gloss
879
catalogue of the art pieces that were up for auction on the evening of the event. Exhibit 1 is a true and
880
accurate copy of excerpts from the Catalogue for the Caring Hearts Childrens Hospital Foundation from
881
September 7, 2013. In the catalogue, we ensure that buyers are fully aware that they have the
882
opportunity to preview any of the works of art that will be auctioned at the event. The Art Catalogue
48
883
also suggests that potential buyers obtain a copy of the condition report for any work of art that the
884
buyer has interest. In fact, we encourage them to do both. Certainly, the buyer can also hire an
885
appraiser or connoisseur to examine the artwork at our facility or at the function. We want to be fully
886
transparent. It is in everyones best interest (the charity, my company, and the buyer) to have the buyer
887
comfortable and confident about what he/she intends to buy through the auction. After all, its not only
888
the auction company that must perform due diligence. I would fully expect that anyone paying that kind
889
of money for a painting would do their own due diligence, and have some level of sophistication as a
890
connoisseur of a particular artist or style of art.
891
At the beginning of the auction, I made every effort as the auctioneer to create an ambiance full
892
of excitement, anticipation and enthusiasm. After making some introductory remarks, I then explained
893
the bidding process, payment requirements, and useful information that are in the catalogue. While
894
generating interest in bidding, I provided some reassurance to the bidders. I told the audience that
895
signatures on any artwork have been authenticated by a nationally recognized, independent third party.
896
However, I also advised that lots may be in imperfect condition, and that there are no guarantees.
897
Exhibit 7 is a true and accurate copy of Excerpts of the Note Cards I used for the Caring Hearts Auction
898
on September 7, 2013. It is the regular practice of my work as an auctioneer and Charity Auction
899
organizer to make such records. The Note Cards were created by me at or about the time of the
900
auctions. The cards are kept in the course of regularly conducted activity of my appraisal, and I am the
901
custodian of such records.
902
I did not make a claim of the availability of a certificate of authenticity for the Colline Fishing at
903
Dawn painting. As you will see from my Note cards for the auction, I do not have any reference with
904
respect to the E. Colline painting as to the existence of a Certificate of Authenticity. Furthermore, no
905
one, including Val Hughes, asked to see a Certificate of Authenticity prior to the auction or during the
906
auction. Val Hughes also did not ask to preview the painting or have an expert examine it prior to the
907
auction. Hughes didnt even ask to see the Condition Report for the E. Colline painting - - ever.
908
The bidding for the E. Colline painting was very active. There were a number of bidders at first,
909
including Val Hughes, the Orr family, and Ty Coon, a wealthy Indianapolis businessman. The stakes got
910
higher and higher and the excitement in the crowd was palpable. Bidding was fast and furious. I had
911
little time to catch my breath. Finally, the bidding came down to Hughes and Coon, with the hammer
912
falling on Hughes last bid of $455,000, prior to the buyers premium and taxes. I earned $91,000 on
913
that sale alone.
914
We have a policy to make sure that all payments clear before delivery is made. Due to other
49
915
scheduling issues, we were finally able to deliver the painting purchased by Hughes to his/her home on
916
October 7, 2013. When the delivery was made, Hughes inquired as to the paperwork for the Certificate
917
of Authenticity. I did not have my Note Cards or the catalogue with me at the time, so I could not recall
918
whether a Certificate of Authenticity was even available for this particular painting. I recall telling
919
Hughes that the Certificate had been misplaced, which can happen. I need to get a better filing system.
920
Hughes never asked for the Certificate of Authenticity again, and quite frankly, it was not something that
921
was on the top of my mind. When this lawsuit was filed in September of 2014, I was reviewing my files
922
on this case and I found the Certificate of Authenticity stuck behind some other paperwork, so I mailed
923
it to Hughes.
924
Charity Operations Network performed sufficient due diligence as I received proper
925
documentation from the donor confirming how the painting had been acquired, I examined the painting
926
adequately, and had the signature on the painting verified by an independent third party. Any
927
statements I made as the auctioneer for Charity Operations Network as to the artist, date, age,
928
provenance, condition or estimated Hammer Price of the painting were merely statements of opinion
929
and did not imply any guarantee. All notations and illustrations in our catalogue only serve as guidance.
930
Val Hughes, as part of his/her due diligence, should have formed his/her own opinions as to
931
authenticity, attribution and condition of the painting by personal inspection during the preview period
932
or at the auction.
933
Hughes is not a victim. Art collectors are no saints. Their motives include greed and vanity to
934
show affluence. Many collectors do not collect for love of art but because they believe it is a good
935
investment. They hold on to it then sell it at a higher profit or make a charitable donation at an
936
appreciated fair market value and enjoy the tax benefits.
937
938
939
940
and knowledge.
Lou/Lu Ting
941
942
50
943
Statement of Doane Orr
944
My name is Doane Orr. I reside at 3224 Bean Blossom Road, Nashville, Indiana. I am 56 years
945
old and am the granddaughter/grandson of Beau and Ann Teak. I am also the personal representative
946
of the Estate of June Orr, my mother.
947
My grandfather knew the artist, Elvida Colline, quite well. The painting that is the basis for this
948
lawsuit, Fishing at Dawn, was given to my grandfather as a gift back in 1927. My grandfather owned a
949
small farm in Southern Indiana in Monroe County. In the early 1900s, there were artists that grouped
950
together with common interests in painting landscapes in the Impressionist style. These artists formed
951
small art communities in small towns where the cost of living was reasonable, yet they were close
952
enough to a big city to sell their paintings. Monroe and Brown County were ideal for them because they
953
had a perfect setting for their landscapes to paint. One of those art communities formed near my
954
grandfathers property. The group was known as the Hoosier Group and was still flourishing in the mid
955
to late 20s and even into the 1930s.
956
My grandfathers property was mostly farmland. It had haystacks which were quite popular to
957
paint among impressionists, both European and American artists. Several of the painters liked to paint
958
the haystacks on the farm, as it reminded them of some of their European counterpart paintings. His
959
property also had a lake and a wide sweeping landscape, two other favorite subjects for Impressionists.
960
Grandpa often entertained me with his stories of the artists on his farm. Grandpa would let the artists
961
set up their open air painting clinics on his property by the haystacks or near the lake. The artists were
962
welcome any time and were free to come and go on his property as they pleased. Some of the artists
963
even captured my Grandpa and Grandma in a snapshot of their day-today life, whether it be fishing, or
964
relaxing by the lake, or working the farm.
965
My grandfather also had an extra building on the property that he used on occasion for hired
966
hands on his farm. When the Depression hit, many of the artists were no longer able to support
967
themselves as many of the wealthy individuals who had been buying the artwork had lost significant
968
money in the stock market crash and with banks that failed. My grandfather would share food from his
969
table to many of the artists, whom he had come to know when they painted at his farm.
970
Elvida Colline was one of those grateful artists, and insisted that my Grandfather accept one of
971
her works. She gave him the painting she called Fishing at Dawn. I never questioned the authenticity of
972
the painting. My Grandfather knew Colline and received the work directly from her. Colline's days were
973
filled with plein air painting along the lakefront of Lake Lemon. Colline usually set up her easel and
51
974
materials in a secluded area by the water, quietly developing her interpretation of the movement of the
975
water, the light of the day, and the subjects' intensity in their tasks. She never asked my grandparents
976
to pose for a painting, but rather would try to fade into the background creating a very natural snapshot
977
of life.
978
My grandfather lived a simple life and had few possessions. Mother received the painting after
979
my grandfather passed and it was prominently displayed in her home. She did not have an appreciation
980
for its value. To her the painting was valuable for sentimental reasons because it reminded her of
981
home and of the simple, easy summers, relaxing around the lake and enjoying fishing at dawn.
982
In 1994, the T.C. Steele Museum had a Special Exhibit Celebrating the Works of Elvida. Prior to
983
that time, no one had inquired into the Fishing at Dawn painting. It had been our little family secret.
984
When it was exhibited at the T.C. Steele Museum, the curator remarked what a wonderful painting we
985
possessed. There was also quite a lot of hype in the art community about the Elvida Colline collection at
986
the museum. It was then that I realized the painting may have had some value.
987
Shortly thereafter, I convinced my mother to have the Colline painting appraised. The appraiser
988
provided a very low appraisal ($75,000), stating that the painting did not have sufficient provenance to
989
properly authenticate it. We were disappointed that the appraisal had not been better. But the
990
appraiser offered to take it off our hands for the discounted appraised value. We decided to keep
991
the painting, again for sentimental reasons. I later found out that this is one of the scams that shady
992
characters practice in the art world. Appraise it low, then buy the painting from you and sell it high to
993
someone else. Any appraiser that appraises a painting, and then attempts to buy the painting, has an
994
inherent conflict of interest. I no longer have that appraisal. I ripped it up once I found out it was a
995
scam.
996
There were several other occasions my mother would loan the painting to museums or for
997
special exhibits on American Impressionism. She did so rarely, preferring instead to keep the painting in
998
her home as a pleasant reminder of her youthful days. Again, whenever the painting would be exhibited
999
to the public, the museum curators or special exhibitions remarked as to the jewel of a painting that we
1000
1001
had. We loved the painting but did not realize how special it was until later.
Elvida Collines paintings are quite collectible because she is one of only a few female American
1002
Impressionism painters. Also much of her artwork was destroyed in a fire in 1927. She had given my
1003
grandfather the painting only a couple of months before the fire. He offered to give it back to her after
1004
the fire, but she wanted him to keep it. Not long after the fire, Colline stopped painting American
1005
Impressionist style because that was not selling during the Depression and World War era. She
52
1006
transitioned to Modernism. However, most collectors are more interested in Collines American
1007
Impressionism paintings.
1008
Our family used to have a photo of Elvida Colline on the farm with her easel set up painting the
1009
landscape. We also had a photo of my grandparents and Elvida in the front parlor with the three of
1010
them standing next to the picture. The painting had been given to my grandfather as a birthday gift. I
1011
didnt know what had happened to those photographs until this lawsuit. Now I know that the photos
1012
were given to Lou/Lu Ting and subsequently destroyed in a fire.
1013
The painting does have provenance. I can verify, of course, that the painting that is the subject
1014
of this lawsuit is the painting that Elvida gave my grandfather so long ago. He kept it in his home until it
1015
was passed down to my mother. My mother also kept it in her home, except for a few exhibitions. I
1016
can verify that there were photos taken of the painting with Elvida and my grandfather. Ting can
1017
corroborate my statements. The museum exhibitions also establish the paintings provenance. The
1018
museums and special exhibitions were thrilled to have the Colline painting on display with the rest of
1019
their American Impressionism or Hoosier Group collections. There was never any question as to its
1020
authenticity when the painting was displayed at these exhibitions. There are, however, no stickers or
1021
stamps on the frame to establish its presence and acceptance at the exhibitions. My mother was not
1022
necessarily interested in provenance, but rather did not want anyone touching her painting and
1023
somehow damaging it.
1024
My mother met Lou Ting of Charity Operations Network at one of the Special Exhibits where the
1025
Fishing at Dawn was on special display. Then, in February, 2005, Ting arrived at my mothers home and
1026
they discussed the possibility of a charitable contribution of the painting. My mother had always talked
1027
about a lasting legacy, but we never had much financially to contribute. After Ting tried to persuade my
1028
mother to give up our one and only heirloom, my mother said she would think about it. I was present at
1029
the time of these discussions. Ting took the opportunity to examine the painting. He/she appeared to
1030
examine the painting very closely. Ting used a magnifying glass and looked at it inch by inch. Ting said it
1031
was consistent with other paintings by Colline, including style, color, techniques, and brushstrokes.
1032
He/she also said the signature appeared to be authentic. Ting mentioned it was in very good condition
1033
and, unlike many other paintings, had not been heavily restored. Ting noted something a bit obscure in
1034
the painting, and looked at it for a very long time using the microscope. When I asked what he/she
1035
noted, he/she said, Oh, its probably nothing. And then I think Ting said, as he/she muttered under
1036
his/her breath, Is it just me, or is this out of place in this boat? But he/she could have said Is it just
1037
me, or could you just take a place in this boat? I think Ting later satisfied himself/herself that there was
53
1038
nothing suspicious in the painting. Otherwise, why would he/she fight so hard for it when we contested
1039
the bequest in the will?
1040
My mother passed away in May, 2012. Unbeknownst to me, my mother had changed her will.
1041
She included a specific bequest to donate the painting to Charity Operations Network for the auction for
1042
the Caring Hearts Childrens Hospital Foundations Gala & Charity Auction.
1043
After mother passed, I had another appraiser take a look at the painting. The second appraiser
1044
saw it for its worth and provided a Certificate of Authenticity. I did not ask for a full written appraisal
1045
and I did not receive one. When the painting went through the auction, the Certificate was attached to
1046
the back of the painting and was available for anyone at the auction to review it prior to the auction.
1047
Exhibit 4 is a true and accurate copy of the Certificate of Authenticity.
1048
Mother was often confused in her later years. When I discovered that her Will left the E. Colline
1049
painting to the Charity Auction I was convinced there was undue influence. It would be an
1050
understatement to say that I was upset that a priceless Colline painting had been taken from the family.
1051
I litigated the matter against Lou/Lu Ting and lost. The silver lining, I guess, was that I was able to enjoy
1052
the artwork in my home for the year that the litigation was pending.
1053
When we didnt win the litigation, my siblings and I decided to attend the auction. We thought
1054
we might have a chance to be the successful bidders on the painting. Too bad we werent lottery
1055
winners. We pooled together our resources and came up with $123,500. We actively participated in
1056
the bidding at the Caring Hearts Childrens Hospital Foundations Charity Auction, until the bidding rose
1057
above the resources we had pooled. I was happy Val Hughes was the successful bidder. Hughes seemed
1058
to care more about the painting than showing his/her affluence.
1059
I was very tuned into everything Ting said about the painting to the attendees because for me it
1060
was personal, - it wasnt just a thing to acquire. I can say with absolutely certainty that Ting did not
1061
make any statements about the painting being authentic, and Ting did not mention the Certificate of
1062
Authenticity that I had provided. I thought that was unusual, but the bidding started quickly and
1063
continued back and forth like rapid-fire that he/she just didnt have time to mention it or didnt need to
1064
mention it. It seemed with the bids going the way they were on that painting, there was no
1065
cautiousness by the bidders that the painting was anything but the genuine article, or in this case an
1066
original, Elvida Colline American Impressionist landscape/water scene.
1067
Ive accepted now that it was my Mothers wish for the painting to be sold at an auction so that
1068
she could benefit some worthy charity. I know she would be happy to know that the proceeds will help
1069
build a pediatric neurosurgery wing for the Childrens Hospital. Her estate is now closed.
54
1070
1071
1072
1073
and knowledge.
Doane Orr
1074
55
1075
1076
56
1077
Statement of Cassidy (Cass) Dowt
1078
My name is Cassidy, or Cass, Dowt. I am 76 years old and reside at 1928 Louvre Drive, in
1079
Nashville, Indiana. At 76 years old, I have accumulated a vast knowledge of the fine arts. I am a
1080
renowned art appraiser with 50 years of experience, specializing in all forms of Impressionist, Post-
1081
impressionist, and Modern Art. I am an Accredited Senior Appraiser of fine art. The American Society
1082
of Appraisers (ASA) confers the Accredited Senior Appraiser designation to an individual who has a four
1083
year college degree, at least five years of full-time appraisal experience, and has passed a set of four
1084
principles of valuation courses which lay the foundation for the remainder of the accreditation process.
1085
I am also a Life Member of the Appraisers Association of America. The Appraisers Association of
1086
America, Inc. is the oldest non-profit professional association of personal property appraisers with over
1087
700 members across the country and the world. Most members of AAA are personal property appraisers
1088
specializing in one or more of over 100 areas of specialization. A Life Member is an appraiser with a
1089
distinguished career like me, that is 75 years or older, has been a member for 25 years or more, and
1090
adheres to Uniform Standards for Professional Appraisal Practice (the USPAP). Exhibit 8 is a true and
1091
accurate copy of my curriculum vitae.
1092
I consider myself a connoisseur of fine art. A connoisseur is someone with expert knowledge
1093
and training, especially in the arts. An expert develops familiarity with an artists style by seeing and
1094
studying his or her works. Connoisseurship is not a genetic gift but rather a lifelong pursuit that
1095
develops and matures. It is an acquired status. It must be cultivated through proper training and
1096
experience. The connoisseur or expert, through this lifelong study of the artist, knows the artists
1097
brushstrokes, the application and thickness of the paint, the way the artist paints certain objects or
1098
recurring themes, and the feeling the artist conveys through the painting.
1099
Unfortunately, there is no national or international standard as to who can be called an expert.
1100
There are many posers who purport to provide an opinion on art, but they have no formal education
1101
necessary to understand the nuances and intricacies of fine art. Experience may not be substituted for a
1102
qualifying education. Likewise, I do not intend to imply that formal training is all that is required to
1103
become an expert in the art world. I believe that art history graduates and art historians do not have
1104
the requisite connoisseurship. I have worked with many professionals who have a Masters or even a
1105
PhD as art historians, and I have found their skills to be lacking in proper techniques of assessing the
1106
authenticity of artworks. They may be familiar with an artist's background, the history of a particular
1107
painting or style of art, but they do not have an appreciation for the nuances of an artists style and how
57
1108
to detect fakes and forgeries. They can't name painting techniques, let alone identify them by sight.
1109
Seven hundred hours of personal property appraisal experience in an area of specialization is a basic
1110
necessity.
1111
Of course, my experience as a museum curator, owner of an art gallery, and art appraiser, in
1112
addition to my formal education and training, provide me with valuable knowledge and the ability to
1113
discern more about an artwork's materials, style, and workmanship. Over many, many years, I have
1114
cultivated relationships with artists, gallery owners, and aficionados in the art industry. I also was
1115
fortunate to grow up in a family of professional artists and museum administrators.
1116
My appraisal business has slowed greatly. Unfortunately, there are no licensing or regulations
1117
to recognize true professionals. Even private buyers and sellers, as well as those needing insurance, use
1118
the internet to do it themselves. The widespread use of the internet along with ignorance is responsible
1119
for the downturn in the appraisal business. Online brokerage sites are the source of much of the
1120
ignorance prevalent in the art market. People posting offerings rarely have professional help and are
1121
frequently asking prices that they have made up or obtain from some other unreliable source. No one in
1122
the chain really has enough experience or understanding to evaluate the information and know what is
1123
reality. Many appraisers even fall victim to the idea that everything can be found on the internet and
1124
they dont do the in-depth research and analysis that would provide a full understanding of the market
1125
for a particular art piece.
1126
I am dismayed when a colleagues office does not contain a full library. Scholars are expected to
1127
have books, and to use them! Professional appraisals of artwork are based mostly on consideration of
1128
comparables. It is my opinion that almost no nonprofessional can make reliable comparisons with
1129
comparables. Art is sold as is and a comparable found in an online offering may be in a different
1130
condition from the art being researched. It also may have been restored poorly or heavily.
1131
Furthermore, the comparable may be from a different period in the artists work, and may or may not
1132
be as desirable. Nonprofessionals also know nothing of the effect on value of provenance, even if
1133
relying upon the owner of the piece. Sometimes it takes many years for art owners to find out what
1134
they really have and what its true value is. One who does not possess the market experience and
1135
connoisseurship of an appraiser has no more chance of accuracy than one who self-diagnose without a
1136
medical education. Even more dangerous is the smartphone application that instantly connects with
1137
auction house databases. An individual can obtain information about recent sales and upcoming events.
1138
The buyer may be pleased they have saved the cost of an appraisal, but they have not obtained
1139
information that is reliable.

58
1140
An appraiser is an advocate only for the appraiser's process and conclusions, never directly the
1141
interests of a client. An appraisal should consider five attributes of a work of art (1) provenance, (2)
1142
authenticity, (3) exposure (4) condition, and (5) quality.
1143
A proper appraisal report should tell everything you know, then tell everything you dont know,
1144
and contain a commentary that guides the client through your process and the information relied upon
1145
to reach your conclusions. It is imperative that any appraisal report follow the Uniform Standards of
1146
Professional Appraisal Practice (USPAP). The USPAP provides that an appraisal report should include:
1147
(1) Sufficient characteristics to establish identity;
1148
(2) Sufficient characteristics to establish quality of the item
1149
(3) All other physical and economic attributes with an effect on value.
1150
An appraisal report does not guarantee authenticity. Rather it serves as a vehicle for the
1151
appraisers opinions. As appraisers, even though we are not authenticators, we need to take steps to
1152
demonstrate the due diligence in establishing the probable authenticity of an art piece. An appraiser
1153
needs to consider the question of authenticity when red flags pop up in our identification of a work of
1154
art. When we know there is a plethora of counterfeits in the market, it is incumbent upon us to ask the
1155
right questions to the right people to serve our client and to protect ourselves.
1156
Determining the authenticity of a piece may be the most difficult of all functions an appraiser
1157
has to perform. Many appraisers would agree that they are not the ones to make the primary
1158
determination. An authenticator is a scholar with extensive experience, specializing in a highly specific
1159
narrow field. For this reason, appraisers often rely on third-party sources as authenticators. Such third
1160
party sources include auction houses, dealers, famous scholars, museum curators, friends and family
1161
members of deceased artists, or if you are lucky enough to have one, a catalogue raisonne. A catalogue
1162
raisonne is designed to list and often illustrate all the works by an artist considered to be genuine.
1163
Unfortunately, one is rarely available for every artist. Catalogues take an enormous amount of time and
1164
money to produce. There is no such catalogue for the work of E. Colline.
1165
An important tool in providing an opinion of authenticity is the provenance, or the history, of
1166
the work of art. The provenance may include a list of previous owners, exhibitions, and any printed
1167
references. Although it is just another tool, it may be important because it gives evidence that others
1168
have accepted the work as being what it appears to be. In other words, it provides a pedigree of sorts.
1169
Documents that provide provenance must be carefully evaluated to confirm their authenticity. The
59
1170
appraisers job in checking provenance is never simple or easy, but a good faith effort must be done as
1171
part of the appraisers responsibility to give an opinion of authenticity. Any report by an appraiser
1172
should be recognized as an opinion of authentication, not a statement of fact.
1173
In the two decades that I was a museum curator, I must have examined 100,000 works in all
1174
fields. About 40% were fakes or poorly restored, or misattributed. I suspect forgeries have risen since I
1175
left my positions with the museums. Fakes exist at every level of the art market. I may be the only
1176
museum curator that has not been duped by a forger. There have been no pieces of art in my museums
1177
or art appraised that have ever been found to be a fake.
1178
Fakes are created in different ways. Some are copies of reproductions of existing works with
1179
forged signatures. Others are pastiches that are created from assembling a variety of images that are
1180
copies of the originals so that the fake includes identifiable aspects of a master's work. Others are just
1181
complete fabrications that appear to be the same style as the masters.
1182
Buyers of artwork can be fooled in many ways. Often a buyer relies too much on the person
1183
selling the piece. Although the buyer may know that that an auctioneer's job is to sell a painting they
1184
somehow believe that the auctioneer knows a lot more about art, and therefore should be trusted.
1185
Every buyer of art should maintain a healthy level of suspicion regarding any purchase. It is advisable to
1186
get a money back guarantee from an auction company, or at minimum, have an independent appraiser
1187
with the requisite training and experience evaluate the piece and confirm its authenticity prior to
1188
making the purchase.
1189
I was retained by Val Hughes to appraise an oil on canvas painting in the American Impressionist
1190
style by Elvida Colline painted in 1927 and called Fishing at Dawn. Hughes stated that the purpose of
1191
the appraisal was to have a valuation for purposes of insuring the painting. Hughes explained to me that
1192
he/she was a novice of fine arts, but had recently won the lottery and had been invited to a charity art
1193
auction. Hughes stated that he/she had purchased the Colline painting at the charity auction, and had
1194
not sought out an expert opinion prior to bidding on the painting or purchasing it. Hughes stated that
1195
other wealthy individuals had experts with them at the auction who had evaluated the piece, and those
1196
same people participated in bidding on the Colline piece.
1197
I arrived at Hughes home at 8:30 am promptly on November 1, 2013 to appraise the painting. I
1198
did not complete my examination until 4:15 p.m. , taking no breaks. As I mentioned, there are five
1199
things that an appraiser needs to evaluate to form a proper opinion for an appraisal - (1) provenance, (2)
1200
authenticity, (3) exposure (4) condition, and (5) quality. I like to end with provenance because I dont
1201
want my knowledge of the history of a painting to somehow sway my opinion of the other aspects I am
60
1202
evaluating. To determine authenticity, exposure, condition and quality you have to thoroughly examine
1203
the painting. Artworks must be thoroughly analyzed; otherwise mistakes are made regarding
1204
attribution, or misreading a signature, or missing problems or conditions that have an effect on value.
1205
The first thing I do to evaluate a painting is to stand back and look at the overall painting.
1206
Sometimes the Big Picture is worth a thousand words. You need to be able to see the forest for the
1207
trees - literally.
1208
The appraiser is looking for consistency of style, techniques of paint application, consistency
1209
with blending and use of colors. The problem with most so-called art experts is that they become
1210
fixated upon certain characteristics of a particular artist's style or themes. However, with some artist's
1211
such as Colline, there are no absolute rules. Every time one sees a pattern, it is only a matter of time
1212
before exceptions are discovered. There is one rule that I have confirmed over and over, and that is that
1213
there is no absolute rule. Colline's spontaneity in her paintings shows that an image flowed out of her
1214
head and onto the canvas with little evidence of the work being done in steps. Colline did not sketch
1215
out a painting then go back and complete the image. In an oil painting a "sketch" appears as outlines of
1216
images that were painted, then painted over. A raking light will reveal the underlying image as barely
1217
discernable ridges, called impedimenti. Curators and other art experts who examine Colline's work may
1218
look for primo pensiero (the artist's first thoughts), but that supposition would be incorrect. I have
1219
never seen them in Colline's work. If I do see preliminary work beneath a drawing or painting, it creates
1220
suspicion that the work may not be genuine.
1221
Art dealers, appraisers, or other so-called art experts, in my opinion, rarely look closely enough
1222
at an artwork. Examining antique paintings requires the use of magnification. You want to see every
1223
aspect of the painting to understand and determine its age, quality, materials, and probable value. I
1224
use the OptiVisor magnification device. I wear the OptiVisor on my head and have interchangeable
1225
lenses for various different magnification strengths. I have a 10x, 15x and 30x. I have learned more
1226
about pieces of art through my OptiVisor than any other way. If an appraiser, dealer or auctioneer
1227
doesn't use magnification, I believe you can't trust their opinions. If I were deemed the czar of
1228
appraisers, I would make training in the use of magnification equipment a standard part of all
1229
professional development for people who deal with art.
1230
The painted surface should be examined closely. Although I noticed a bit of differentiation in
1231
the shadows of the trees on Collines painting, it appeared that the painting had been cleaned and the
1232
varnish removed and replaced. I noted this minor issue on my appraisal. I did not view this issue to
1233
affect this value of the painting, which was in excellent condition otherwise. We also look for damages
61
1234
such as wormholes, fungus, or places where the paint is peeling. A thorough appraiser will examine a
1235
painting for craquelure, which is the natural web of cracks that occur on the surface of paint as it
1236
expands and contracts due to changes in humidity and weather. Then we determine if it is consistent
1237
with the age of the piece.
1238
I did not see the need for the use of an ultraviolet light when examining Collines painting.
1239
There was no suspicious pigments, colors, or blending that I observed through magnification that I
1240
needed to determine if there was fluorescence. Sometimes, the ultraviolet light will reveal fluorescence
1241
on the painting. That might suggest that a more modern pigment had been used. However,
1242
fluorescence doesnt necessarily indicate the painting is a forgery. Sometimes, it only shows that some
1243
heavy-handed restoration had taken place. In this instance, the pigments in the painting were
1244
consistent with what was used in the 1920s, so there was no need to explore the pigments further.
1245
After the physical examination, I reviewed the provenance of the painting. It is important to look
1246
at who owned the painting, how they came about owning it, who has examined the painting previously,
1247
and if there have been any questions in its past regarding its authenticity. Often the more a painting
1248
has changed ownership or hands, the more suspect one must be. On the other hand, if an antique
1249
painting has never been seen or heard of previously, the red flags should go up. Too often people are
1250
duped by the garage sale or thrift store find of an Old Master. It is extremely rare for an Old Master not
1251
to have some established record of ownership.
1252
After my complete and through examination, I determined that, in my expert opinion, the Elvida
1253
Colline Fishing at Dawn painting owned by Val Hughes is authentic, and is in excellent condition. I do
1254
not issue a Certificate of Authenticity when I perform appraisals. Unless a certificate of authenticity
1255
originates from, and is signed by, the artist who created the art, that certificate is pretty much
1256
meaningless. A Certificate of Authenticity attempts to guarantee a painting is authentic, whereas an
1257
appraisal is an opinion as to its authenticity with delineated facts to support that opinion. No one can
1258
provide a 100% guarantee that a painting is authentic, other than the artist herself.
1259
Based upon my analysis of the Colline painting, I valued it, for insurance purposes, in the
1260
amount of $575,000. Exhibit 5 is a true and accurate copy of my appraisal. It is the regular practice of
1261
my work as an appraiser to make such records. The appraisal was created by me at or about the time
1262
that I performed my appraisal services. The appraisal is kept in the course of regularly conducted
1263
activity of my appraisal, and I am the custodian of such records.
1264
I advised Val Hughes that he/she needed to have it re-framed, cleaned and re-touched to restore
1265
its beauty and increase its worth. I recommended Chris Cross because of his/her expertise with Collines
62
1266
work. If anyone could restore the picture without blemishing it and make it look like the artists own
1267
strokes, it would be Chris Cross. I recommended Cross because he/she is an expert in American
1268
Impressionist work and is renowned throughout the country and even abroad for his/her precision. I
1269
question now, however, whether that recommendation was the right decision in light of the accusations
1270
that the painting is a fake.
1271
I unequivocally stand by my opinion that the artwork purchased by Hughes at the Charity
1272
Auction on September 7, 2013 is authentic. Chris Cross is questioning my integrity and reputation. I
1273
find that to be disconcerting. In the past, I had a modicum of respect for Cross. We crossed paths on
1274
prior occasions to assess the authenticity of certain artwork. We have always come to the same
1275
conclusions of authenticity and attribution. This time, however, Cross is just wrong. I have far more
1276
expertise, training and knowledge. Cross lacks the credentials to question me. Chris Cross' complete
1277
lack of any formal training, in my opinion, disqualifies him/her of any valid opinion regarding
1278
contradicting my opinions. A true art expert, like me, will detect flaws, shortcomings, authenticity
1279
issues, that others will miss. And quite frankly, one has to question why Chris Cross would intentionally
1280
claim a piece is a fake when I know, for a fact, that the painting I saw is the real deal. I question Cross
1281
motives, given his/her history of the life of crime. As Mark Twin so eloquently said, "You can straighten
1282
a worm out, but the crook remains in it."
1283
Unfortunately, I am unable to determine whether the painting in court is the same painting as
1284
the painting that I observed at the home of Val Hughes on November 1, 2013. Six months ago, I was
1285
diagnosed with macular degeneration, which is the deterioration of the central portion of the retina, the
1286
macula. The macula is responsible for focusing central vision in the eye, and it controls the ability to
1287
read, recognize faces or colors, and see objects in fine detail. In the early stages, macular degeneration
1288
does not affect vision. But, as the disease progresses, people experience wavy or blurred vision.
1289
I had no blurred vision or any signs of the macular degeneration at the time that I appraised
1290
Fishing at Dawn in November, 2013. My vision has not progressed rapidly. I currently have some slight
1291
haziness with my vision and blind spots in the central part of my vision. I am unable to see the fine
1292
detail that I would normally be able to discern. Unfortunately, this ended my career as an appraiser and
1293
takes away one of the most enjoyable aspects of my life. Nothing can be done to reverse the
1294
progression of the disease. I still have a vivid image and recollection of the painting that I appraised, as
1295
well as my thorough appraisal.
1296
1297
Given my inability to continue the sight-dependent work due to my macular degeneration, my

income was abruptly halted and my medical expenses increased significantly. Unfortunately, I had little
63
1298
cash reserves to cushion the blow due to the downturn of the use of appraisers as a consequence of the
1299
misguided use of the internet for values for fine art. Facing this financial crisis, I found it necessary to
1300
file for bankruptcy and any claims that Hughes may have had against me are discharged.
1301
1302
1303
1304
and knowledge.
Cass Dowt
1305
1306
64
Exhibit 1 (1 of 4) Charity Auction Art Catalogue Excerpts
CARING HEARTS CHILDRENS HOSPITAL FOUNDATION ART AUCTION

September 7, 2013
Read this simple guide to buying at auction. If you still have questions, more information can be found in
the All You Need To Know section at the back of this catalogue. We strongly encourage you to read these
sections as they set out the terms on which property is bid for and bought at our sales.
BROWSING
Browsing our catalogue is a great way to discover more about whats available at the Caring Hearts
Childrens Hospital Foundation Art Auction. Seven (7) days prior to the event, all artwork on sale will be
on view. Feel free to drop in and visit our gallery, open seven days a week.
DESCRIPTIONS
Art descriptions cover basic catalogue information such as size, date or age, medium, type, and
attribution.
ESTIMATES
Estimates are given for all lots and are based on prices recently paid at auction for comparable artwork.
Estimates take into account rarity, condition, quality and provenance.
TALK TO OUR SPECIALISTS who will always be happy to discuss the lot in greater detail. Our Specialists
are available by appointment.
CONDITION REPORTS
Descriptions provided in our catalogue do not include complete condition reports. The absence of a
qualification of the condition does not imply that the lot is in perfect condition or completely free from
wear and tear, or other imperfections. Interested bidders are strongly encouraged to request a condition
report on any lots upon which they intend to bid, prior to placing a bid. Condition reports are available
for all lot descriptions. These supplement the catalogue description and provide guidance on a lots
condition.
VIEW THE LOT PERSONALLY
We always recommend coming to our gallery and looking at a lot for yourself, especially in the case of
more valuable items. Our viewing rooms are open to the public and are free of charge.
SYMBOLS
The symbols next to the lot number can indicate a variety of things, such as if the lot has special
attributes. There is a key to symbols in the All You Need To Know section at the back of this catalogue.
LOT 39*^
Lot Description
Elvida Colline (1873-1933)
Fishing at Dawn (Lake Lemon, near Bloomington, Indiana), USA
Painted in 1927
signed E. Colline (lower left)
oil on canvas
Framed
29 x 23 in.
Lot Condition Report

Good condition, minimal restoration. See condition report for further detail.
Provenance
Private collection acquired directly from the artist, then descent to family
T.C. Steele Museum Special Exhibit Celebrating Works by E. Colline July 1, 1994 September 5, 1994
Indiana State Museum Indiana Landscapes Special Exhibition Aug. 3, 1997 Oct. 5, 1997
Art Institute of Chicago By the Lake -American Impressionists Special Exhibition March 24-26, 2000
Milwaukee Art Museum Special Exhibit American Masterpieces, Oct. 23, 2004 to Jan. 30, 2005
Estimated Value
$300,000-$500,000
2
Pre-Lot Text
Elvida Colline, American Impressionist
Born in St. Frances, Minnesota, Colline spent the summers of 1899 and 1900 at the Darby School of
Painting in Fort Washington, Pennsylvania. Rather than confining artists to a studio, the curriculum
encouraged students to paint landscapes en plen air, observing natural life, forms and light. Colline
studied abroad for two years in England, Italy and France on a fellowship from the Academy working
with European Impressionists. Colline worked with several other American artists while in Europe and
developed lifelong friendships, particularly those later known as the Hoosier Group. Colline set up her
studio in Brown County, Indiana in 1923. It was this landscape that would remain her inspiration and
subject for the rest of her career in American Impressionism. She mainly painted with oil on canvas
using a broad spectrum of color for her landscapes. She soon won the patronage of Indiana Governor
Warren McCray and wealthy merchants and entrepreneurs, and her career developed in response to the
demands of the local market. With the end of the American Impressionism movement, Colline dabbled
in Modernism until her death in 1933. In 1927, her studio was engulfed by fire and few of her
impressionist landscapes exist in todays market; the few remaining are in the hands of private
collections. Thus her landscapes are quite collectible and often priceless. The piece exhibited in this
auction is from a private collectors estate the donors wishes to provide resources for the Caring
Hearts Childrens Hospital Foundation.

(Back of Catalogue for Caring Hearts Childrens Hospital Foundation Gala & Art Auction)
All You Need To Know

These Conditions of Sale, and the terms contained elsewhere in this catalogue, contain all the terms on which
Charity Operations Network contracts with the buyer. These terms may be amended by oral announcements made
during the sale. By bidding at auction you agree to be bound by these terms.
Examination of property
Prospective buyers are strongly advised to examine personally any property in which they are interested, before
the auction takes place. Condition reports are usually available on request.
Catalogue and other descriptions
All statements by us in the catalogue entry for the property or in the condition report should be evaluated by
personal inspection by the bidder or a knowledgeable representative. The absence of any limited qualifications of
the authenticity or quality of the Lot does not imply that an item is free from defects or restoration. The estimate
of the selling price is based upon comparisons to similar artwork, and may vary depending upon the demand and
condition of the Lot.
Buyers responsibility
Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred
to in the catalogue entry.
Payment And Passing Of Title
Immediately following the sale, the Buyer must provide us with his or her name and permanent address and details
of the bank from which payment will be made. The Buyer must pay the full amount due (comprising the Hammer
Price, Buyers Premium and any applicable taxes) within two days after the sale. The Hammer Price is the winning
bid for a lot at auction. It is the price upon which the auctioneers hammer falls, determining the sale price, but
does not include the Buyer's Premium. The Buyers Premium on each lot is 20% of the Hammer Price. The Buyer
will not acquire title to, or receive delivery of, the lot until all amounts due to us from the Buyer have been received
by us and have cleared the Bank.
Delivery
For Indiana deliveries, we will transport your Lot purchase to Buyers address within thirty days upon confirmation
that payment has transferred, free and clear to Charity Operations Network. For deliveries outside the State of
Indiana, Buyer is responsible to make arrangements for delivery of the Lot purchased. The purchased Lot must be
picked up from our facility within thirty days from the date payment clears.
Symbols
The following key explains the symbols you may see inside this catalogue.
+ Lots with this symbol indicate that Charity Operations Network has an ownership interest in the lot in whole or
in part or has an economic interest in the lot equivalent to an ownership interest.
* Lots with this symbol indicate that a Certificate of Authenticity is available, at Buyers request, for the lot.
^ Lots with this symbol indicate that parties with a direct or indirect interest in the lot may be bidding on the lot,
including (i) the beneficiary of an estate selling the lot, or (ii) the joint owner of a lot. If the interested party is the
successful bidder, they will be required to pay the full Buyer's Premium. In certain instances, interested parties may
have knowledge of the reserve.
Exhibit 2 Painting
Exhibit 3 - Sales Receipt
Charity Operation Network

6221 Kessler Boulevard
Indianapolis, IN
Sales Receipt
Receipt # 234678
Date: 09/07/13
Event: Caring Hearts Childrens Hospital Foundation Art Auction
Successful Bidder/Buyer
Name: Val Hughes
Address: 5807 Sunset Lane, Crows Nest, Indiana
Bank Account: Tenth Bank & Trust, Account # XXX-XXXX-0007
Wire Transfer Authorization #: XXXXX16980
Purchase Price
Hammer Price:
Buyers Premium:
Indiana Taxes:
Total Purchase Price
$455,000.00
$ 91,000.00
$ 38,220.00
$584,220.00
Lot Description
Artist: E. Colline
Title: Fishing at Dawn
Medium: Oil on Canvas
Canvas Size: (h) 23 (w) 29
Year of Creation: 1927
Details of Inscription on the Artwork:
Position: Lower Left
Artist signature: E. Colline
Auctioneer Signature: L. Ting
Exhibit 4 - Certificate of Authenticity
Certificate of Authenticity
(Limited)
Artist: Elvida Colline (1873-1933)
American Impressionist
Title: Fishing at Dawn
Medium: Oil on Canvas
Canvas Size: (H) 23 (W) 29
Year of Creation: 1927
Details of Inscription on the Artwork:
Position: Lower Left
Artist signature: E. Colline
Condition:
Heavy restoration work
Provenance:
Private collection.
Acquired directly from the artist, by descent in the family to the present owner
Appraisals Ready Today, LLC
By: Gary N. Tee, AAA, ASA

Signature: Gary N Tee
Dated: June 29, 2012.
This document certifies that the artwork described above is, to the best of our knowledge, an original artwork created by the Artist.
All statements as to the (presumptive) artist, origin, date, age, genuineness, source, provenance, and condition are statements of
opinion only and shall never imply any guarantee.
Exhibit 5 (I of 3) Appraisal
APPRAISAL
CASSIDY DOWT, ASA, AAA
Date of Appraisal: November 7, 2013

Date of Field Examination: November 1, 2013
Equipment Used: Magnifying Optivisor, 10x, 15x, 30x; Raking Light, Ultra Violet Light
Owner: Val Hughes
Purchased: Charity Operations Network Charity Auction for Caring Hearts Childrens Hospital Fdn.
Date Purchased: September 7, 2013
Other Appraisals?: No
Artist: Elvida Colline (1873-1933)

American Impressionist, Hoosier Group
Painting : Fishing at Dawn
Location: Lake Lemon, near Bloomington, Indiana, USA
Date of Painting: 1927
Type: Oil on canvas
Framed: Yes, original frame
Size: 29 x 23
Signature: signed E. Colline (lower left) no appearance of stopped or broken strokes, consistent with
signature of artist
Provenance:
Private collection Elvida Colline gave the painting as a gift to Beau and Ann Teak in 1927. The painting
has remained in the family ever since. The painting was passed down by descent to June Orr, the
daughter of Beau and Ann. June passed away in May, 2012 and the painting has been in the possession
of Junes son/daughter Doane Orr. Painting has been bequeathed for the Caring Hearts Childrens
Hospital fundraiser. Will contest resulted favorably for Hospital and Auction Company
This painting has been displayed at various museums and special exhibitions. No sticker or stamps
appear on the back of the frame, per the restrictions placed by owner. The following museums and
exhibitions have accepted this painting as authentic.
Exhibit 5 (2 of 3) Appraisal
Description of observations regarding style and techniques:
Colline's landscapes generally reach to the farthest horizon rather than be closed in. By extending the
horizon, Colline created a foreground, a middle ground and a distant background. The juxtaposition of
the gray tones of the sky and the morning crispness of the blue waters contrasting with the rich,
saturated hues of the trees and surrounding landscape is consistent with Collines style.
Colline's landscapes were almost always painted starting with dark and moving toward light, especially
for a thickly vegetated woodland scene. This allowed her to add several layers of graduated lighter
values over the dark masses building the density and creating depth. Colline seldom painted only lush
green foliage. She liked to see some branches that alluded to the architecture in the trees, and the
subtle changes of the seasons as depicted with the changing color of the foliage and the loss of leaves
on the branch above. The Fishing at Dawn painting is consistent with Collines approach.
Movement fascinated Colline, as much as light. In Fishing at Dawn, the two subjects ready themselves
for their days' catch. The rippled surface of the water contrasts and merges with the subjects' calm
preparations. The painting's dramatic impact of movement is heightened by the contrast of the radiant
color of the one subject's red jacket.
Like most American Impressionists, lighting is a critical element to Colline's work. The American
Impressionist style uses light to show that nature is a reflection in one way or another of everything
around it. Colline used sunlight to create a sense of wholeness by recognizing all of the direct and
indirect light sources. During the final phase of painting, Colline went over the entire picture, lightening
areas and adding gleams of light. She also added warm and cool colors to show reflections coming from
the sky or bouncing off nearby sunlit surfaces. The painting is consistent with this style and technique.
No evidence of impedimenti or primo pensiero, consistent with Collines approach to painting en plein
Exhibit 5 (3 of 3) Appraisal
Description of observations regarding paint tones and pigments:

The paint tones of the trees and other vegetation were consistent with a Colline painting. Sometimes
you can detect a forgery when the forger uses pigments that were not invented during the artist's
lifetime. In this case, the pigments used were all consistent with the period when Colline would have
created the painting.
The blue gray sky, notably have tonal gradations. Tonal value can often be difficult to discern when
working with low intensity earth colors and more highly chromatic cadmiums on the
same palette. Cadmium pigments are known for excellent light-fastness. The paler shades can fade
with exposure to sunlight. Cadmium was discovered in 1817 but production was delayed until 1840
because the metal was scarce. It is still in use today. However it has been replaced by some artists in
more recent years with azo pigments. There was no evidence of azo pigments in this painting.
Condition
Needs to be reframed. Excellent condition, minimal restoration.
No damages such as wormholes, fungus, or places where the paint is peeling noted.
The cracks of the paint were consistent with the age of the painting and were not re-created through
painting cracks into the piece.
Appears that the painting had been cleaned and the varnish removed and replaced. This issue should
not affect value of the painting, which is in excellent condition otherwise
Assessment: In my opinion, the Fishing at Dawn painting is authentic and is in excellent condition.
Appraised value: $575,000
Recommendations: re-frame, clean and re-touch to restore its beauty and increase its worth
THIS APPRAISAL IS NOT A CERTIFICATE OF CLEAR TITLE OR A CERTIFICATE OF AUTHENTICITY.
10
Exhibit 6 (Page 1of 3) Excerpts of Charity Operations Network Website
Charity Operations Network

Sharing Dreams, One Art At A Time
I dream my painting and I paint my dreams Vincent Van Gogh
WHO WE ARE:
Charity Operations Network is a fundraising company specializing in benefit auctions of fine
art. We help charities throughout Indiana and the Midwest to raise funds to benefit people and
organizations in need. Lou/Lu Ting, owner of Charity Operations Network, started as a Benefit
Auctioneer about fifteen years ago when a friend asked Lou/Lu, who has a Doctorate in Art
History and a background as an Art Auctioneer, if he/she would do their benefits auction. The
auction was a success (we still do their auction!) and word spread. We now provide our
services to over 100 charities and organizations every year.
OUR MISSION:
While our mission statement is not an original like the artwork we auction, weve embraced it
and made it our own:
Do all the good you can. By all the means you can. In all the ways you
can. In all the places you can. At all the times you can. To all the
people you can. As long as ever you can. - - Unknown Author
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Exhibit 6 (Page 2of 3) Excerpts of Charity Operations Network Website

WHAT WE DO:
From start to finish, Charity Operations Network organizes and manages your fundraising
event to make it a success and provide a fun and stress-free event for your organization.
We begin by creating the kind of buzz that impresses donors and drives up bidding. Charity
Operations Network will publish a sale catalogue that includes information about each artist
and the work of art that's for sale. It is our belief and experience that the more time a potential
bidder has to consider bidding on a particular art piece, the more likely they are to not have any
trepidation about bidding. Also, once attendees to your event realize the quality of the Masters
that you will have at your Fundraising Auction, the more excitement leading up to the event
will build.
On the day of the auction, we will have an experienced auctioneer who is familiar with the art
to be auctioned. The auctioneer will describe each art piece in an informed manner. More
important, our auctioneer will make the event fun, and excite the audience. Our auctioneers are
skilled in encouraging competition among bidders, enticing extra bidding, and convincing
bidders to be extra generous on behalf of the cause and your organization.
NO RISK:
You success is our success! Charity Operations Network is dedicated to the success of your
event to maximize your fundraising. If you make money, we make money. And you have zero
risk. First, our services are available at no cost to you. Second, we will provide works of art,
with many masters and collectibles available to choose from, on a consignment basis, with no
financial obligation or risk on your part. Items that do not sell at your event will be returned to
us at no additional cost to you. We ship your auction items to you the location of your event,
completely free of charge. If after your event you have any items that didnt sell, you simply
return them with no charges to you not even for the cost of shipping! How easy is that?
Rest assured that Charity Operations Network uses nationally known signature authenticators
for any signed item. Many of our items also include Certificates of Authenticity.
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Exhibit 6 (Page 3 of 3) Excerpts of Charity Operations Network Website

TIPS FOR SELECTING THE BEST CHARITY AUCTION COMPANY
An auctioneer should be well versed in the artists background, style of painting, and
the provenance of the painting. The auctioneer should have notes to describe the art
piece and the artist. Keep in mind that the better the art is described, the more the
auctioneer creates a desire for the art piece, and ultimately the more money it will add to
your organizations fundraising needs.
The Company should display each piece of art as prominently as possible. Attendees at
your event will bid higher if the art looks rich in its surroundings. Treat the art piece
like it is worth millions - use white gloves and museum quality easels. Prior to the
actual bidding process, display the artworks against white walls in well-spaced
partitions. Use other embellishments to enhance the desirability of the art piece.
Make sure bidders have information in advance on the artists and the works of art that
will be offered at the auction. Allow potential bidders an opportunity to view items up
for auction at least one week in advance, and access to have an item appraised. The
more comfortable a buyer feels about the value of an item up for auction, the higher they
tend to bid.
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Exhibit 7 - Notes from Auction

#1
Introduction
Welcome Benefit for Caring Hearts Childrens Hospital Foundation
Goal:
$ for pediatric cardiology equipment/services for children of Indiana

build a pediatric neurosurgery wing for the Childrens Hospital
Preliminary matters:
Explain Bidding Process
Payments
Hype all works of Art to be auctioned
o Lots may be in imperfect condition, no guarantees
o Signatures authenticated by 3rd party independent, nationally recognized
o Back of Catalog take note of symbols that may assist your bidding process
#46
Lot #39
Elvida Colline (1873-1933) Am. Impr. Hoosier Group ;
high demand few female Am Imp. & few paintings left studio fire
Signed lower right; verified as authentic
One of few didnt use pencil sketches under work work flows, shows natural lighting
Fishing at Dawn (Lake Lemon, near Bloomington, Indiana), USA
Painted in 1927
signed E. Colline (lower left)
oil on canvas, Framed, 29 x 23 in.
Good condition, minimal restoration.
acquired from artist, then by descent to estate - donor gifted to Hospital
Prov.:
Estimated Value: $300,000-$500,000
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Exhibit 8 (1 of2) - Curriculum Vitae of Cassidy Doubt
CURRICULUM VITAE OF CASSIDY DOWT, ASA, AAA

CASSIDY DOWT
1928 Louvre Drive
Nashville, Indiana
Cassidy Dowt is an Accredited Senior Appraiser credentialed in Fine Art with the American
Society of Appraisers. Dowt provides personal property valuation services, consultation and expert
testimony to colleagues, museum administrators, private collectors, art dealers, foundations, art
galleries, CPAs, attorneys, insurance companies, corporations, and law-enforcement agencies. Dowt has
extensive experience with valuation of fine art and also has expertise in estate tax and charitable
contribution appraisal. Dowt is well versed in the Federal government requirements for these reports.
Cassidy Dowt has over forty years of professional appraisal experience. All appraisals conform
to the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Ethics of the
American Society of Appraisers. The American Society of Appraisers has a mandatory recertification
program for its Accredited Senior Appraisers. Dowt is in compliance with this program.
PROFESSIONAL ASSOCIATION CERTIFICATIONS AND MEMBERSHIPS
Accredited Senior Appraiser, American Society of Appraisers (ASA)
Certified in Personal Property/Fine Art since 1976; Re-accredited most recently in 2012;
Personal Property Committee, 19771989: Board of Examiners, 19771995
Appraisers Association of America (AAA), Member, 1977; Life member, 2014 present
Certified Appraiser in Impressionism, American Impressionism and Post
Impressionism; President, 19841986; Co-chairman, Education Committee, 20012006;
CAREER RELATED ACTIVITIES
Art appraiser, specializing in all forms of Impressionist, Post-impressionist, and Modern Art.
Expert witness and consultant with extensive courtroom experience
Consultant to IRS New York office, 2003 present
Instructor in Arts and Humanities Appraisal Program, Indiana University, Bloomington, 2003-present
Instructor of Art History (Introduction to Personal Property Valuation)
Instructor of Art History (Personal Property Valuation: Methodology, Research and Analysis)
Course Developer and Instructor, Inspecting Fine Art
Course Developer and Instructor, Signs and Symbols in the Visual Arts
Course Co-developer and Instructor, American Impressionism Art and Design
Course Co-developer and Instructor, Modern Art and Design
Panel moderator and speaker, Appraisers Association of America Conference, 19852003
Museum Curator, Director for curatorial services and curator, American Impressionism, Indiana
University Art Museum 1995-2003
Museum of Arts and Sciences, Macon, GA., Curator and Executive Director 1990 - 1995.
Tennessee State Museum, Nashville, TN., Curator. 1984-90
15
Exhibit 8 (1 of2) - Curriculum Vitae of Cassidy Doubt
Art History/Technology Research Associate, the J. Paul Getty Trust, 1982-1984

Adjunct Instructor in Appraisal Studies, George Washington University, 1978-81
An American Portrait, 17761976Oils, Watercolors, and Prints, shown in 50+ museums, 19751977
Indiana State Museum, Assistant Curator, including the T.C. Steele Museum 1972-1977
Dowt Art Appraisal Services 1969 - present
Dowt Art Gallery 1966 - 1969
EDUCATION:
1961 Bachelor of Arts Indiana University, Bloomington
1962 Master of Arts University of Cincinnati
1965 PhD Studies University of Florida; University of London
1966 New York University, Appraisal Studies Program, "Development of American Impressionism"
SPECIALTIES:
Art & Paintings- Impressionist
Art & Paintings- American Impressionist
Art & Paintings - Post Impressionist
Art & Paintings -Modern
16

Mock Trial Case Indiana 2015-16

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Mock Trial Case Indiana 2015-16

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2015-16 CASE MATERIALS

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IN THE MARION CIRCUIT COURT

CAUSE NO.: 49C01-1410-CT-0777

Plaintiff Val Hughes is a resident of Crows Nest, Marion County, Indiana.

County, Indiana and purports to be a professional charities art auctioneer.

available for sale at the Charity Auction (the Catalogue).

member that received it directly from the Artist.

Certificate of Authenticity and that the Painting was authentic.

representations made about the painting were false.

Defendant delivered the Painting to Plaintiff at Plaintiffs residence on October 7, 2015.

Count I Rescission Based on Mutual Mistake

Plaintiff bought the Painting believing it to be a genuine painting by Colline .

was the Artists work.

The Painting is a forgery.

Plaintiff had no knowledge that the Painting was a forgery.

Plaintiff relied upon the representations made by Defendant to his/her detriment.

Plaintiff fully performed all of his/her obligations for the purchase.

Plaintiff has no adequate remedy at law and is therefore entitled to a rescission.

Count II Breach of Express Warranties

Plaintiff fully performed any obligations under the purchase agreement.

Defendant breached its express warranty because the Painting is a forgery.

Plaintiff suffered damages, as a result of this breach.

Count III Fraud

Defendant knowingly participated in the sale of a forgery.

Plaintiff had no reason to know that Defendants statements were false.

Plaintiff relied on each of the misrepresentations made by Defendant in purchasing the

Plaintiffs reliance on Defendants misrepresentations was reasonable.

In reliance on the misrepresentations and omissions of Defendant, Plaintiff was damaged.

intent to damage Plaintiff, Plaintiff is entitled to an award of punitive damages.

provenance , condition and value of the Painting.

As a consequence of the negligence of Defendant, Plaintiff suffered damages.

and proper relief.

/s/ Ben Trikt

IN THE MARION CIRCUIT COURT

CAUSE NO.: 49C01-1410-CT-0777

DEFENDANTS ANSWER TO COMPLAINT

Defendant admits the allegations of paragraph 2 of the Complaint.

Defendant admits the allegations of paragraph 3 of the Complaint.

Defendant admits the allegations of paragraph 4 of the Complaint.

Defendant admits the allegations of paragraph 5 of the Complaint.

Defendant denies the allegations of paragraph 6 of the Complaint.

Defendant denies the allegations of paragraph 7 of the Complaint.

Defendant denies the allegations of paragraph 8 of the Complaint.

Defendant denies the allegations of paragraph 9 of the Complaint.

Defendant admits the allegations of paragraph 10 of the Complaint.

Defendant admits the allegations of paragraph 11 of the Complaint.

Defendant denies the allegations of paragraph 12 of the Complaint.

Defendant denies the allegations of paragraph 13 of the Complaint.

Defendant is without knowledge or information sufficient to form a belief as to the truth

of the allegations of paragraph 14 of the Complaint.

Defendant denies the allegations of paragraph 15 of the Complaint.

Defendant admits the allegations of paragraph 16 of the Complaint.

Defendant admits the allegations of paragraph 17 of the Complaint.

Defendant admits the allegations of paragraph 18 of the Complaint.

Defendant incorporates herein by reference its answers to the allegations of paragraphs

1 through 18 of the Complaint.

Defendant is without knowledge or information sufficient to form a belief as to the truth

of the allegations of paragraph 20 of the Complaint.

Defendant denies the allegations of paragraph 21 of the Complaint.

Defendant is without knowledge or information sufficient to form a belief as to the truth