Art Fraud At David Leonard Fine Art Gallery In Niagara Falls, Ontario

I will share the whole story shortly but need to know if anyone has had issues with The David Leonard Art Gallery in Niagara Falls Fallsview casino. 

This is an email I sent to the director of retail services at Casino Niagara.  It gives you a good summary of what went down.  I also included emails that were sent between the gallery and I:

Hello.  I purchased a piece of art from David Leonard gallery in your Casino in September.  I will give you a brief summary of events that have occurred:
 
     My wife and I were interested in a piece called “Lets Go Dancing” that we were told was done by artist Rene Marcil.  After returning to the gallery a couple hours later to purchase this piece and negotiate, I noticed the signature of this artwork reading “E. Marcil”  When I asked Violeta, the salesperson why it was signed like this, she said, “Oh, he signed them like this sometimes…”  I looked at a Rene Marcil book that they had at the gallery with works that he had done and noticed that none of the signatures in the hundreds of drawings in the book were signed that way.  When I presented this information to Violeta, she called over the owner, David Leonard and he confirmed that it in fact was done by Rene Marcils wife, Evelyn.  I was astonished! I almost paid $9000 for a picture that I was told was done by Rene Marcil, when in actuality, it was done by his wife!  I voiced my displeasure and Violeta apologized profusely.  We did not want this piece of work anymore as we had our heart set on owning a Rene Marcil piece of art.  We calmed down and presented David with an offer of $7600 for a Rene Marcil sketch that we liked also.  The retail price was $15,000.  He accepted and we bought the piece of work. 
     Flash forward and upon doing research on Mr. Marcil at home, I found a website that specializes in Rene Marcil pieces of art.  Curious, I sent them an email with pictures of  the piece of work we aquired.  The response I got was that it most likely was done by his wife and was not of the date it was said to be (1942).  I brought this to the attention of the art gallery and sent them the email.  Their defense was that this individual (Robert Lange) has a personal vendetta against the gallery and he doesn’t know what he’s talking about and discredits all of the pieces of work that come from their gallery.  I requested a refund but they would not grant me one.  Once two people dispute  piece of work (experts in the art field) it becomes flagged.  I do not want to a part of a see-saw battle.  Thats not why I spent $7600.  My next step was to contact American Express (how the purchase was made) and after several weeks of investigating, AMEX said they could not make the gallery go against their return policy because it was stamped on their receipt (No refunds, exchanges only within 7 days).  After communicating with Violeta and David again, we agreed that I could exchange my piece of work with something else from their gallery.  I went to the casino on the 29th of December with this in mind.  Unfortunately I was unable to find anything satisfactory.  The reason for this was the salesperson, this time Lisa, yet again giving me false information.  When I inquired about a bronze sculpture that I would perhaps be interested in, she told me it was “an original bronze”‘ done by the artist.  When I asked about what documentation it had with it, the situation got even more bizarre.  Lisa got defensive and started saying that most of the things in their gallery don’t have documentation (!)  and basically, you are just going to have to trust us that were selling you something legitimate.  I asked her to call David Leonard to see if perhaps he knew more about this sculpture and were it was obtained.  When she came back she said that it was, in fact, a replica.  Wow.  Had I not had her call the owner, I would have thought I was getting an original bronze sculpture when in reality it was just a replica that is only worth its weight in bronze.  Unreal.  I also found the pricing in this gallery to be beyond the ludicrous scale.  I understand the business aspect and that there is a mark up on items, but David Leonard is gouging on his prices.  I have found identical items at established shops on both the internet and in the market place for substantially less.  Example: Mikasa Erte plates, Symphony In Black and Sheeba found for $50 at multiple locations (I know someone who has thirty of these plates).  David Leonard’s price…$9500!!  That bronze sculpture I was inquiring about sells for $50 all day long on the internet David Leonard’s price…$9500.  Salvitore Dali lithograph current market value $4500 to $5000, David Leonard’s price…$19,500.  I feel that he preying on the naive buyer and foreigners that visit your casino and do not truly know what they are getting because their sales team is improperly trained in the art field.  They should not be selling art at that price point while being so unqualified.
     I am sending you this information because I want my money back from the gallery.  I feel that they are running a questionable operation and I am currently gathering information to build a case for art fraud.  I feel that your casino is also responsible  for allowing these practices to occur under your roof.  I have kept all correspondence with the gallery, Robert Lange, and American Express.  I have recently sent David Leonard an email “officially” asking for a refund and telling him that I am motivated to seek my refund should he deny my request.  At the very least, when the gallery sent me their Letter of Authenticity of the sketch, mail fraud was committed.  I am also in the process of contacting the Ministry of Consumer Affairs.  All I want is my money back and I will not settle for anything less.  I hope you understand my situation.  Please let me know if I could help answer any questions you may have and if you need to see any correspondence with this matter. 

Here is an email I sent to the gallery after I started doing some investigating:

Hello. I’ve been trying to do some research on the Rene Marcil sketch
> that my wife and I purchased from your gallery in late August. After
> scouring internet archives and literature, we started to get a little
> concerned because we did not see anything from Marcil from this early
> (1942). Also, when we were originally going to purchase a piece of art
> that caught our eye, we were told it was done by Rene Marcil when in
> actuality, it was done by his wife Eveyln! This was not a salesperson
> that had mispoke, when we asked her about the signature (E.Marcil), she
> proceeded to tell us Rene Marcil used to sign some of his pieces that way!
> At that point David Leonard came over and told us that the original piece
> we liked was, in fact, done by Eveyln Marcil, not Rene. We were
> disappointed and a little upset that we were lied to. We did however make
> an offer on a different Rene Marcil piece and ended up acquiring it.
>
> I brought this piece of art to The Benjamin Gallery in Buffalo, NY about
> two weeks ago to have them look at it and to get their opinion on the
> piece. They looked at the signature under a loop and had some “concerns”
> about it. They also questioned its preservation and if it was done on
> acid free backing or not. This is a gallery that has been in business for
> over 40 years and is very respected in the area. They are not familiar
> with Rene Marcil, and do not claim to be, but they use whatever tools they
> have to alleviate the concerns of art buyers. Among the concerns about
> the signature was it appears smudged and it was done in pencil. This
> piece does not have pencil on it. The are not handwriting experts but see
> a wide variety of artists signatures and they did not like the way some of
> the letters looked in his signature compared to other Marcil works from
> his book.
>
> I called your gallery and spoke to Violeta about how the framing was done.
> Violeta originally sold us this piece and was the lady that lied about
> the Evelyn Marcil piece being done by Rene Marcil. She told me the
> gentleman that framed it was Fred Watson, and he acquired the piece after
> Rene Marcil’s passing. She said it was on acid free backing but wasn’t
> sure if tit was museum preserved. She also told me that she has a copy of
> Rene Marcil’s will that lists this piece to Fred Watson. At the time
> however, it can not be found because of the move to the gallery in Niagara
> Falls to Toronto.
>
> I then proceeded to contact the Rene Marcil committee through their
> website http://www.renemarcil.com. I told them my concerns and sent them an
> email with pictures and their response is below. I feel that there are
> too many red flags with this piece and I would like to return it. Due to
> the previous misrepresentation of Evelyn Marcil’s work, I don’t have a lot
> of credibility left. Unless there is someway that can 100% validate this
> a 1942 Rene Marcil sketch (maybe the elusive copy of the will?) I feel
> that once again this piece has been embellished.
>
> After paying $7600 for a piece of art I expected a certain level of
> service to go along with it. When I tried contacting your gallery about
> the framing questions, I never heard back from anyone for almost 5 days.
> I had to then call back, and talk of my frustrations and still never got a
> call back until 3 days later!! I was not expecting this from a fine art
> gallery. I am very upset and let me know if you have a rebuttal or how
> you would like to proceed. I would be willing to send this piece to the
> committe as stated, but not at my expense. Thank you.
>

This was the response of the gallery:

Hello Dave, In response to your email that I had lied to you, I did not
say to you that Rene Marcil used to sign some of his pieces that way. I
did not know , at that time we had an Evelyn Rowat Marcil original, I
thought it was a Rene Marcil piece until you pointed it out to me that
it was signed E Marcil. Further to your mention about the will, I have
located a copy of the will that lists the original owner of this artwork
F Watson . It is in my possession at the gallery. Furthermore if you
and your wife are unhappy with your purchase, you can return the
original artwork you purchased for an exchange for any other artwork in
the gallery. Our policy is no refund exchange only. Please call me
Friday evening after 8:00 to discuss this matter. Thankyou Violeta

 

Here is the response from the Rene Marcil Comittee after seeing images of the artwork:

Hello,
>>
>> In 1942, Marcil was in NYC doing fashion illustration with his wife
>> Evelyn, also a fashion illustrator. Marcil left for France in the early
>> 50’s during the McCarthy period.
>>
>> This is a drawing made in NYC in his flat, but I’m not sure if it is
>> from him or his wife. I would have to see the drawing to confirm. What
>> makes me hesitant to confirm is the length of the lines, the hand is not
>> sure,too tentative on the nose for instance. Marcil was a very good
>> draftsman, it look more like an Evelyn work.
>>
>> As for the model, it is not Evelyn but a model that they both used.
>>
>> The signature could have been done later and not by him, it is in
>> pencil. If I had to put a date. On this drawing, I would say 1948.
>>
>> This is all I can comment for now.
>>
>> Thank you,
>>
>> Robert J. Langevin,
>> Marcil committee

 

After trying to get American Express to dispute the charges to no avail (they needed more information and did not want to get involved)  I agreed to exchange the artwork for something different.  Here was my email to them:

Violeta,
> Sorry it has taken me so long to get back to you. My wife and I are
> in Houston, Texas as she had surgery this week to remove 60% of her
> liver to remove a tumor. She has been battling cancer for almost 3
> years but we’ve really turned a corner on it and the outlook is very
> good. We will not be in the Buffalo area until the first week of
> December, so I cannot do an exchange until at least then.
>
> Secondly, I appreciate you meeting with Mr. Watson and forwarding me
> the documents. I sent them to Robert Lange as well and will forward
> you his response. He seems to change his tune slightly but I think he
> is a little too focused on the title of the art work. I think he
> under the impression that this was claimed to be done in Paris.
> Violetta, I do not want to be a thorn in your side. I never wanted to
> be attached to a piece of art that has question marks associated with
> it. It seems as if this is a “he said-she-said” situation and were
> stuck in the middle. For the amount of money we spent, its too big of
> a gamble. One question mark is too big of a gamble. That is why I
> contacted American Express to get a refund. I know that you spoke
> with Barbara from Amex and she told me about the end result. They
> have a good reputation for solving these kinds of disputes.
>
> The exchange: This is my issue. The price tag on this piece of art
> was $15,000. While my wife and I were browsing in the gallery, you
> offered us 20% off anything in the store, as you called it, the
> “decorators discount.” We struck a deal with Mr. Leonard and it was
> accepted. Why does that same deal not apply now? If I were to
> exchange this drawing for something worth $7600, the 20% that was
> offered to us goes out the window and the deal we made with David
> Leonard is reneged (I would be exchanging a $7600 piece for something
> that could be bought by another customer for $6080 with the 20%
> discount). That is unacceptable to me. We have been through so much
> anguish with this. Why cant my request just be granted? The deal was
> $7600 for a $15,000 piece of art. Whether we exchange it for
> something worth $15,000 or three things worth $5,000; the same deal
> should apply. I really hope you find it in your conscious to
> understand my request. I am not trying to cheat anybody here. I am
> just asking for what is morally right. If this request is not
> accepted, I plan on contacting Casino Niagara and The Ontario
> Ministry of Consumer Services to address them of this situation. I
> am sorry that it may have to come to that but I am going to stand up
> for what I feel is right. We have an awful lot on our plate now with
> my wife’s illness and I hope in your good faith you understand my
> situation and realize that I’m just trying to do what I feel is the
> fair and ethical thing. What if you were in my position? Again,
> please feel free to contact me and thank you for your work on this
> matter.

This was the response of the gallery:

Thank you for your reply and I am glad to hear that you and your wife
are doing better.

It is regrettable that we have come to this situation where you have
to question the authenticity of the art piece you have purchased. We
have put forth our best efforts to provide you with documentation to
prove the legitimacy of the said art piece by Rene Marcil. As for
third-party discrediting allegations, it should not be taken seriously
as our correspondence with them have shown unsubstantiated evidence on
their end. The piece of art that you have purchased is definitely a
beautiful original and extraordinary piece and we will leave it to
your discretion to make an informed decision.

Going back on your visit with us, the deal that was made to you by
David Leonard was a one-time offer that may only be applied to that
original art piece by Rene Marcil. Unfortunately, the same offer
cannot be made to any other artwork piece with the same value as the
one you had purchased due to the nature of the artist contract
agreement. As you know, it was a very generous offer that was far
more than the “20% of the decorator discount”.

As mentioned in our previous discussions, if you choose not to keep
the Rene Marcil art piece, we will offer you a one-time exchange
credit to be used in one day within the month of December 2010 for the
value of your purchase: $7600.00. Furthermore, we will also offer you
an additional 20% off the total transaction amount. Please note that
the credit must be used in one day and any remaining balance, if not
used on that same day, will expire and does hold any cash value. All
items purchased with the credit will be a FINAL sale.

Please understand that we are doing our utmost to offer you the best
we can as we have extended our policy time limit and given a further
discount to accommodate you.

I, personally, have exerted much goodwill and efforts with this
situation and now I am needed back home as I have lost my mother
recently. I was hoping that things were going to get better for her
but things did not turn out that way. I will be away for the duration
of December overseas to be with my loved ones and take care of things
over there. Please let us know at your earliest convenience how you
would like to proceed. I will ensure the appropriate arrangements are
made with my sales manager to take care of you on your exchange visit
if you choose that option.

We would like for you to make a decision that you are comfortable with
but understand that we have tried our very best to help you in any way
we can. If you have further questions, please contact me directly at
anytime.

Sincerely,

Violeta

 

After finally setting up a scheduled date to return the item I got this email (please note who it is signed by)

Thank you for your e-mail.
December 20th, 2010 works out great as I will be in all day to help you
with your exchange.

As for being on the same page, yes you are looking at an amount of $7600
plus 20% ($1520) total= $9120. Your items can include multiple items or
one piece.

I look forward to your visit and Happy Holidays to your family.

David Leonard

—
David Leonard Fine Art

Niagara Fallsview Casino Resort
6380 Fallsview Blvd.
Niagara Falls, Ontario
L2G 7Y6 Canada

T: 905-353-0587
Toll Free: 1-866-988-2344
www.davidleonard.ca

 

The interesting thing is that David Leonard does not exist!!!!!  It is a false name.  The owner of the gallery is Trevor Sandquist who also goes by other aliases.  Ive spoken to the getntleman in charge of retail operations at the casino and he confirmed that there is no David Leonard!!

Here is a response I got from Ray Casey, director of retail services at the casino:

Your e-mail has been forwarded to my attention.

 

As discussed on the telephone last week, I spoke with the owner of David Leonard Fine Art, Mr. Trevor Sandquist, who advised me that the art you bought from him is authentic and that his store policy allows for exchanges of purchases only, i.e. no refunds.