The Illustration Exchange

Sebastian · Joined: 12 May 2008 Posts: 175 Location: Sydney, Australia

I generally try to track down background info - particularly information on when/where an item has been published - before I progress down the path of buying any piece of art.

So imagine my surprise when I uncovered info that suggested that a Boris painting currently being auctioned at Heritage had been stolen years ago.

Mistakes can easily happen. So I double checked with the artist, and was told that Heritage has already been notified that the painting was stolen property - yet the painting is still currently being auctioned.

http://comics.ha.com/common/view_item.php?Sale_No=7017&Lot_No=94227

Ray Tolomeo · Joined: 09 Feb 2006 Posts: 158 Location: Northern Virginia

Interesting. Can you share the story?

Sebastian · Joined: 12 May 2008 Posts: 175 Location: Sydney, Australia

There isn't much more to really tell from my side.

Lets just say that I won't be bidding on that particular painting.

SableStar · Posted: Thu Feb 04, 2010 5:01 am Post subject:

Ouch--No matter how many times sold, a painting goes back to the legitimate owner--would be terrible to lay out money, then have to give back the painting.
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Sebastian · Joined: 12 May 2008 Posts: 175 Location: Sydney, Australia

And the painting was officially sold for $3.1k. Will be interesting to see what happens next.

Sebastian · Joined: 12 May 2008 Posts: 175 Location: Sydney, Australia

Just found the painting being offered on eBay by Lewis Wayne.

Azhag2 · Joined: 28 Oct 2007 Posts: 64 Location: Northern Virginia

Yeah, so may not have ever really sold...

SableStar · Posted: Wed Sep 08, 2010 2:14 am Post subject: Art Theft

I have learned since this thread, by talking about art theft in general with a local high-ranking police department official (Riverside Chief of Police here) that art, when stolen, while in the possession of the thief, still belongs to the earlier owner. If found, it goes back to that owner.

Once it is sold by the thief to a new owner, that changes. If the new owner bought the art in good faith, not knowing it was stolen etc., then that owner now owns it. The old owner can sue the thief or go after the thief for the sale proceeds, but they no longer have a claim on the actual art or against the new, legitimate owner.

If the thief sold the art to someone who knew it was stolen, had a hand in it, fenced it or whatever, then it still belongs to that original owner.

This is different than my earlier understanding of the situation.

Ken
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----SableStar