Skip to main content

Former Employee of Art Collector Charged in Manhattan Federal Court with Scheme to Sell Stolen Andy Warhol Artwork

PREET BHARARA, the United States Attorney for the Southern District of New York, JOSEPH M. DEMAREST, JR., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation ("FBI"), and JANET DiFIORE, the District Attorney for Westchester County, announced today that JAMES S. BIEAR, surrendered today and was charged with mail and wire fraud in Manhattan federal court, in connection with a joint investigation conducted by the FBI and the Westchester County Police Department into BIEAR's possession of numerous pieces of notable artwork believed to have been stolen from his former employer. The federal charges relate to BIEAR's sale of one of those pieces of artwork, a Heinz 57 box created by the artist Andy Warhol, to an unwitting collector in New York City.

According to the Complaint unsealed today in Manhattan federal court:

In July 2008, BIEAR sold a Andy Warhol silkscreen on a wooden crate mimicking a Heinz 57 case of ketchup (the "Warhol Heinz 57 box") to an art collector in New York City for approximately $220,000. In connection with the sale, BIEAR claimed that the Warhol Heinz 57 box had been gifted to him from his uncle who had legal title to the Warhol Heinz 57 box. In truth and in fact, Andy Warhol had gifted the Warhol Heinz 57 box to an art collector (the "Art Collector") in 1964. In or around April 2007, the Warhol Heinz 57 box was noticed to be missing from the Art Collector's New York residence after a birthday party. BIEAR had been employed by the Art Collector at the time that the Warhol Heinz 57 box was believed to have been stolen.

Photo of Heinz Box Painting by Andy Warhol


BIEAR is charged with one count of mail fraud and one count of wire fraud. If convicted, he faces a maximum sentence of 40 years in prison and a fine of the greater of $250,000 or twice the gross gain or loss caused by his crimes.

BIEAR also faces charges brought by the Westchester District Attorney's Office. According to the Felony Complaint filed in Westchester County court, BIEAR is charged with Criminal Possession of Stolen Property in the second degree in connection with BIEAR's possession of artwork also believed to have been stolen from his prior employer, specifically, an ink drawing by Francis Picabia titled, "Jean Cocteau par Francis Picabia." If convicted, BIEAR faces a maximum sentence of 15 years in prison.

BIEAR, 49, of Ossining, New York, is expected to be presented today before United States Magistrate Judge HENRY B. PITMAN and is expected to appear later today in state court in Ossining, New York.

Mr. BHARARA praised the FBI and the Westchester District Attorney's Office for their work in the investigation and thanked the Westchester County Police Department for its assistance.

The federal case is being prosecuted by the Office's Complex Frauds Unit. Assistant United States Attorney LISA P. KOROLOGOS is in charge of the prosecution. The state case is being handled by Assistant District Attorney BRIAN FITZGERALD for the Investigations Division at the Westchester District Attorney's Office.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Comments

Popular posts from this blog

15 Gang Members Convicted on Conspiracy, Weapons Possession, Firearms Trafficking Charges Case Follows Recent Convictions of 137th Street Crew and East Harlem Narcotics Trafficking Organization

Manhattan District Attorney Cyrus R. Vance, Jr., announced the results of the investigation and prosecution of one of Central Harlem’s most destructive criminal street gangs, referred to as “ONE TWENTY-NINE” or “GOODFELLAS/THE NEW DONS,” which terrorized the neighborhood surrounding West 129th Street between Lenox and Fifth Avenues. Thirteen members of the gang have previously pleaded guilty to importing, possessing, and using firearms over the course of the conspiracy.

Mortgage Fraud

Manhattan District Attorney Robert M. Morgenthau announced today the indictment of 13 individuals and a mortgage origination company for perpetrating over $100 million in mortgage fraud over a four-year period in the New York City metropolitan area. In addition, 12 individuals have already waived indictment and pleaded guilty to felonies relating to their participation in the mortgage fraud scheme. The indictment charges 13 individuals and the mortgage company, AFG FINANCIAL GROUP, INC., with enterprise corruption, grand larceny, scheme to defraud and conspiracy involving 19 fraudulent mortgage transactions. The defendants include the principals and a number of employees of the mortgage company, as well as bank employees, appraisers, and three attorneys. Two other attorneys are among the defendants who already pleaded guilty. The crimes charged in the indictment occurred between June 2004 and April 2009 with the bulk of the fraudulent closings occurring from mid-2005 through the end of...

DISTRICT ATTORNEY VANCE ANNOUNCES INDICTMENT OF SIX SUBCONTRACTING COMPANIES AND THEIR OWNERS IN MULTIMILLION-DOLLAR FRAUD

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictments of six subcontracting companies and their owners for colluding with LEHR CONSTRUCTION CORPORATION (LEHR) in a multimillion dollar scheme that defrauded numerous construction clients over the past decade. See, related story. The announcement comes one day after DA Vance announced LEHR and four executives were indicted on crimes including Enterprise Corruption, the New York State Racketeering law. GODSELL CONSTRUCTION CORPORATION and its owner ARTHUR GODSELL are charged with Grand Larceny in the Second Degree. JT ROSELLE LIGHTING, INC. and its owner JAMES ROSELLE, LIBERTY CONTRACTING CORPORATION and its owners GEORGE FOTIADIS and KEVIN FOTIADIS, PJ MECHANICAL and its owner JAMES PAPPAS, SUPERIOR ACOUSTICS, INC. and its owner KENNETH MCGUIGAN, and SWEENEY & HARKIN CARPENTRY and its owner MICHAEL HAYES are charged with Grand Larceny in the Third Degree.[1] "The defendants in this case cheated clie...