Legal Question in Criminal Law in Florida

art fraud

Im not sure what area of the law this falls under. My sister has her paintings in a gallery in key west. She sold one a few months ago and was told she could not pay my sister because she had used the money to pay for a lawsuit. We eventually got the money and asked for the remaining paintings to be returned. In the meantime, another painting sold and it has been 3 months in trying to get the money. Last week she admitted that she is not doing well financially and had to use the money from the sale of the art to pay her bills. She also has not returned the remaining paintings. We have left her many many emails and phone messages and she is not returning any of them. In my eyes this is theft and fraud. Do we have any legal recourse in this matter?

Thanks

Jessica


Asked on 8/22/06, 1:53 pm

2 Answers from Attorneys
Stephen Cobb Cobb Criminal Defense Law Firm

Re: art fraud

I am going to make another suggestion: This sounds like a case that the local law enforcement agency should investigate as Grand Theft. This sounds like it is more that a contract dispute. Theft if the wrongful deprivation of property - even temporarily. When the painting is sold, the money is owed. Using your sister's money to pay other bills and not paying her constitutes theft, unless there are some facts I am missing.

Also, the gallery owner has disappeared, for all practical purposes, with other paintings. My advice? Go straight to the law enforcement agency with jurisdiction at that location (Probably the sheriff's department, but possibly a municipal police department).

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Answered on 8/23/06, 9:30 am
Jay Rooth Moses and Rooth Attorneys at Law

Re: art fraud

Absolutely! Did your sister have a contract or written agreement with the Gallery? Sounds like you may have a contract dispute or a collection dispute. Either way, I recommend you contact a litigation attorney. You may want to contact Attorney Robert Sirianni. you can email him at [email protected]

Mr. Sirianni has extensive litigation, contract and appellate experience.

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Answered on 8/22/06, 7:06 pm


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