MANDELA LITHOGRAPH FRAUD & COVERUP

Updated: July 18. 2009

Also, link to: FAKE MANDELA LITHOGRAPHS


















“Right Hand (Hand of Africa)
Lithograph, Dimensions: 500mm x 660mm,
Edition Size: 1,000 regular, 25 artist proofs”
www.touchgalleries.com.au/nelson_mandela/artwork/
NON-DISCLOSED FAKE

Nelson Mandela never created a lithograph in his life.

All so-called “Nelson Mandela lithographs” are “something that is not what it purports to be”{1} which is one legal definition of -fake-.

The Black Expo Cultural Arts Pavilion's July 21-22, 2007 A Touch of Mandela{2} exhibition at the Indiana Convention Center, misrepresented by Richard Lubner’s Touch Galleries as “original, limited edition lithograph produced by world renowned statesman and Nobel peace prize winner Nelson Mandela”{3}, is a “knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment”{4} which one legal definition of -fraud-.

Here are just ten documented -red flags- that “substantiate”{5} those irrefutable and devastating facts for this $70 million dollars of Nelson Mandela -fakes- (see addendum at the end of this News Release).

1ST -RED FLAG-

In a July 15, 2007 email to Black Expo Director of Fund Development Colleen Heeter, Touch Galleries Managing Director Richard Lubner wrote: “to disqualify these allegations and accusations on the program and on the authenticity of these works,”{6} Yet, in this email, Richard Lubner admits: “These works were produced and created by Mr. Mandela and promoted with his blessing and always sold on the basis that the piece has been reproduced onto paper and carries Mandela’s original signature.”{7}

Lithographs are original “works of visual art”{8} created by an artist and would never be trivialized as being “reproduced”{9}.

This documents that Touch Galleries Managing Director Richard Lubner either had no idea what he is talking about or he doesn’t want the public to know that his gallery is selling very expense non-disclosed -fakes-, “forged” and falsely attributed as “Nelson Mandela lithographs”{10} or -both-.

LITHOGRAPHS WHOLLY EXECUTED BY HAND BY THE ARTIST

Lithographs are original “works of visual art” created by an artist. This is legally documented by U.S. Customs May 2006 An Informed Compliance Publication Works of Art, Collector’s Pieces Antiques, and Other Cultural Property. In part, it states: “The expression “original engravings, prints and lithographs” means impressions produced directly, in black and white or in color, of one or of several plates wholly executed by hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process.”

2ND -RED FLAG-

In a July 15, 2007 email to Black Expo Director of Fund Development Colleen Heeter, Touch Galleries Managing Director Richard Lubner wrote: “Since these allegations, we have conducted a major Forensic study on over 5 thousand pieces either sold or in stock to confirm the authenticity of signature”{11}.

Why is Richard Lubner claiming the Nelson Mandela “signatures” are “authentic,” when this scholar has never claimed the signatures were counterfeit to begin with?

RED HERRING

It’s called a “red herring.” On page 271 of Webster New World Pocket Dictionary, -red herring- is defined as: “something used to divert attention from the basic issue.”{12}

These contentious issues of authenticity is not with Nelson Mandela’s “signature” but that -all- so-called “Nelson Mandela lithographs” are “something that is not what it purports to be” which is one legal definition of -fake-.

3RD -RED FLAG-

In a July 15, 2007 email to Black Expo Director of Fund Development Colleen Heeter, under the subtitle “KNOWN FACTS,” the Touch Galleries Managing Director Richard Lubner wrote: “The hand-printed lithographs were produced by publisher Ross McLean Calder, numbered and signed by Mr. Mandela before witnesses.”{13}

As documented earlier, lithographs, under U.S. Custom regulations, must be “wholly executed by hand by the artist” and those regulations say nothing about “lithographs” being “produced by {a} publisher,” much less by a former South Africa police officer Ross McLean Calder.

4TH -RED FLAG-

In a July 15, 2007 email to Black Expo Director of Fund Development Colleen Heeter, Touch Galleries Managing Director Richard Lubner wrote: "when a piece is sold it is accompanied with two forms certification.”{14}

On the Touch Galleries Managing Director Richard Lubner’s www.touchgalleries.com. au/investment_art/ website, under the subtitle “Investment Art,” it states: “all works come complete with a certificate of authenticity by the publisher as well as a certificate of authenticity prepared by the chief forensic officer of South Africa.”

On page 127 of the Seventh Edition of Black’s Law Dictionary, -authenticate- is defined as: “to prove the genuineness of (a thing).”

Obviously by now, it should be perfectly clear you cannot make gold from lead, a silk purse from a sow’s ear nor a lithograph from a painting.

PAINT ON MANDELA’S HAND

Yet, on the Touch Galleries Managing Director Richard Lubner’s www.touchgalleries.com.au/nelson_mandela/ artwork/ website, one of those “works” is described as: “Mr Mandela was working in his studio when he rested his hand on one of his paintings, covering it in acrylic paint. When he wiped his hand clean on a piece of paper, the image of Africa that appeared inspired his publisher to turn the hand print into a series of {“Right Hand (Hand of Africa)”} lithographs.”

IMPEACHES CREDIBILITY

So, despite being obvious reproductions, the 2003 “Certificate of Authenticity” (copy enclosed), for Nelson Mandela’s “Right Hand (Hand of Africa),” gives the following description: “Edition of Nelson Mandela Lithographs... printing was done under supervision of the Michaelis School of Fine Art, University of Cape Town by Professor Stephen Inggs and Tamarind Institute Master Printer Ernestine White.”

So, if Michaelis School of Fine Art’s Professor Stephen Inggs{15} and Tamarind Institute Master Printer Ernestine White had anything to do with the printing of this “Right Hand (Hand of Africa),” as this certificate states, then they’re printed -reproductions- not lithographs.

5TH -RED FLAG-

On Touch Galleries Managing Director Richard Lubner’s www.touchgalleries.com.au/nelson_mandela/artwork/ website, it states: “The Robben Island Series was sketched and completed by Nelson Mandela between March and June 2002. The series is made up of 21 charcoal sketches of subjects from Robben Island. - This series consists of an edition of 500 signed and numbered colour lithographs and 50 artists proofs, made from hand-drawn colour separations by Nelson Mandela.”

Once again, you cannot make gold from lead, a silk purse from a sow’s ear nor would any artist who creates lithographs ever trivialize a lithograph as being remotely from a charcoal sketch.

In other words, the “Robben Island Series” would be, at best, -reproductions-.

Yet, in the Certificate of Authenticity (copy enclosed) for these so-called “Nelson Mandela Lithographs of the My Robben Island Collection” states: “printing was done under the supervision of The Michaelis School of Fine Art’s Stephen Inggs and Tamarind Institute Master Printer Ernestine White.”

SUSPENSION OF DISBELIEF

So, are we to suspend disbelief that the Michaelis School of Fine Art and Professor Stephen Inggs and Tamarind Institute Master Printer Enrestine White either didn’t know what was going on or that they are incompetent and/or that they would allow their school and their reputations be used to perpetuate a -fraud-?

That question is answered on the Michaelis School of Fine Art’s www.michaelis.uct.ac.za/research/centresunits/ impactinternationalprintmakingconference.html website, where it states: “2002. Consulting for Nelson Mandela Print Project, ‘My Robben Island’ series of colour lithographs (Stephen Inggs).”

In other words, whether Professor Stephen Inggs, with or without intent, participated in this -fraud-, there may be someday a forthcoming explanation but that will never qualify as an excuse.

6TH -RED FLAG-

In a July 15, 2007 email to Black Expo Director of Fund Development Colleen Heeter, Touch Galleries Managing Director Richard Lubner, under the subtitle “KNOWN FACTS,” wrote: “The printing was done under Supervision of the Michaelis School of Fine Art, University of Cape Town by Professor Stephen Inggs, and Tamarind Institute Master Printer Ernestine Whie assisted by Russell Jones and Klaus Fricke.”

MICHAELIS SCHOOL OF FINE ART

This is additionally confirmed on the Michaelis School of Fine Art’s www.michaelis.uct.ac.za/ website, it states: “{Professor Stephen Inggs’} professional extension activities range from a collaborative print project with Nelson Mandela for the Children’s Fund.”

What does -collaborative- legally mean?

WORK OF VISUAL ART EXCLUDES COPIES THAT ARE COLLABORATIVE

The Visual Artist’s Rights Act (H.R. bill 5316), which amended the Copyright Act of 1976, was signed into law on December 1, 1990. In the 1995 The Visual Artist’s Business and Legal Guide{16} compiled and edited by Gregory T. Victoroff, Esq., attorney Katherine M. Thompson specifically addresses issue of “collaboration” in the 1990 Visual Artist’s Rights Act. On page 28, the attorney wrote: “The VARA amends the Copyright Act to create a definition for a “work of visual art.” According to Section 602, -excluded are items - that generally exist in multiple copies and are collaborative in nature.”

7TH -RED FLAG-

On The Artist Press www.artists-press.net/art-of-lithograph.htm website, it states: “at The Artist Press a lithograph is an image made by an artist who works closely with a professional printer” and “a print that exactly reproduces an existing image (such as a painting), in another medium, would not normally be considered an “original work of art.”

THE ARTIST PRESS REPRODUCES MANDELA’S DRAWINGS

On The Artist Press’ www.artist-press.net/aboutus.htm website, it states: “More recently letterpress was used to print reproductions of drawings done by former president Nelson Mandela.”

Those reproductions are from Nelson Mandela’s Struggle Series drawings. The process in which they were reproduced is described as follows: “original charcoal drawing from Mr. Mandela is laser drum scanned and the output scan is put on an images setter to produce a negative. The negative is contact exposed and photo polymer and transferred onto a letter press plate. This results in a raised up block from which a relief print or letterpress print is printed.”{17}

Artist Press’ Mark Attwood was the printer.

TOUCH GALLERIES’ BAIT & SWITCH

Yet, on the Touch Galleries Managing Editor Richard Lubner’s www.touchgalleries.com.au/nelson_mandela/ artwork/ website, under the subtitle “Nelson Mandela - Artwork,” wrote: “Original sketches and limited edition lithographs created and signed by Nelson Mandela will be available for sale.”

8TH -RED FLAG-

Whether Nelson Mandela understood the -fraud- he was involved in or not is an explanation not an excuse but that all changed when his interest, reputation and money were threaten as documented in dozens and dozens of subsequently published articles. Here are excerpts of just two of those articles.

On April 13, 2005, the South African BusinessDay newspaper published the “Madiba artworks sold after approval withdrawn - Bizos” article by Political Correspondent Vukani Mde. In part, the correspondent wrote: “ISMAIL Ayob, Nelson Mandela’s former lawyer, reproduced the former president’s signature and attached it to artworks that he marketed as genuine “Madiba art,” Mandela’s advocate, George Bizos said yesterday.”{18}

On April 17, 2005, the Guardian newspaper published the “Furious Mandela sues ally over art sales” article by Andrew Meldrum in Johannesburg. In part, the reporter wrote: “To raise money for his charities, Mandela endorsed the art scheme devised by Ayob. - It is claimed they were based on rough sketches by Mandela which were ‘enhanced’ into colour lithographs. Artist Varenka Paschke, granddaughter of apartheid-era Prime Minister P.W. Botha, is said to have created the final works from which the prints were produced. Publicity releases said that Paschke ‘tutored’ Mandela. - The lawsuit {by Nelson Mandela against his lawyer Ismail Ayob} will claim that the prints were mass-produced and Mandela’s signature was mechanically reproduced.”{19}

DEN OF THIEVES

In other words, Nelson Mandela, Ross Calder, Ismal Ayob and all participating galleries, with or without intent, ripped off thousands of patrons for thousands of dollars each in this so-called “Touch of Mandela” -fraud-. Then Nelson Mandela’s associates got greedy and tried to rip off Nelson Mandela himself and got caught. Now, they have turned on each other.

Hence, a “Den of Thieves.”

9TH -RED FLAG-

All the so-called Nelson Mandela“Artist Proofs,” attributed to Nelson Mandela and offered for sale in his non-disclosed reproduction editions, are -fake-.

This perspective is confirmed on page 23 of HarperCollins Dictionary of Art Terms & Techniques by Ralph Mayer, where it defines “artist proof” as: “one of the PROOFS in a LIMITED EDITION of ORIGINAL PRINTS. An artist’s proof must bear the artist’s signature or mark and, since the early 20th century, is usually numbered.”

10TH -RED FLAG-

The Printing Industries of America, Inc. publishes their “Printing Trade Customs.” In part, under #6, it states: “PREPARATORY MATERIALS - Working mechanical art, type, negatives, positives, flats, plates, and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing.”

Therefore, if a printer reproduces an artist’s artwork, they would own the tools ie. plates, negatives and the like used to reproduce it.

Under U.S. Copyright Law § 101. Definitions, a -derivative work- is defined as a: "work based upon one or more preexisting works, such as - art reproduction.”

Additionally, under U.S. Copyright Law § 106A., it states: “Rights of Attribution and Integrity - shall not apply to any reproduction.”

In other words, unless Nelson Mandela understood his rights and had the reproductions rights reassigned back to him in writing from the printer, he would have no rights. Then the printer, who would own the reproduction rights, could reproduce more without the knowledge or permission of Nelson Mandela.

There goes the so-called -limited editions-.

Of course Nelson Mandela or his representatives may have had those “reproductions rights” reassigned in writing from the printers but that would be a documented admission by all that they are, at best, -reproductions-.

CONCLUSION

What needs to be accomplished is the full and honest disclosure of all reproductions as -reproductions- by Nelson Mandela, publisher Ross Calder, attorney Ismail Ayob and all participating galleries. With full and honest disclosure for all reproductions as: -reproductions-, it would allow consumers to give informed consent on whether they wish to attend an exhibit of these reproductions, much less purchase one.

The reputations and legacy of living and past artists and the art-buying public deserve the re-establishment of the obvious; that the living presence and participation of the artist to once again be required, as it always should have been, to create the piece of art attributable to the artist if indeed it is attributed to them, much less purported to have been signed by them.

FOOTNOTES:
1) Seventh Edition of Black’s Law Dictionary, page 617, ISBN 0-314-22864-0

2) www.indianablackexpo.com/summer-celebration/eventread.asp?eventid=38

3) www.touchgalleries.com.au

4) Seventh Edition of Black’s Law Dictionary, page 670, ISBN 0-314-22864-0

5) On page 1443 of the Seventh Edition of Black’s Law Dictionary, -substantiate- is defined as: “To establish the existence or truth of (a fact, etc.) esp. by competent evidence.”

6) “From : Colleen Heeter
Sent : Sunday, July 15, 2007 11:48 PM
To : "gary arseneau" , "Joyce Rogers"
CC : , , , , , , , , , , , , , , , , ,
“Subject : RE: FAKE Mandela Lithographs at Indiana Convention Center
“Gary:
“Your statement about the exhibit is completety unsubstantiated. The following response is from Touch Galleries owner, Richard Lubner of Sydney, Australia:
“In response to this email trying to once again discredit this CREDIBLE program please find again our comments on this.

“This controversy has and was bandied around the media for quite some time, a few years back and really is old news in so far as much has happened since then to disqualify these allegations and accusations on the program and on the authenticity of these works. These works were produced and created by Mr Mandela and promoted with his blessing (see video and pictures of him doing the work (on our websites) and speaking to the world about this) and are always sold on the basis that the piece has been reproduced onto paper and carries Mandela’s original signature. Since these allegations, we have (amongst the major galleries around the world in London, Australia and South Africa) conducted a major Forensic study on over 5 thousand pieces either sold or in stock to confirm authenticity of signature and now when a piece is sold it is accompanied with two forms of certification to confirm this from the Chief Forensic officer in South Africa, Mr Cecil Greenfield (a leader in this field). To date we have not come across a single tracing whatsoever. Please see below a comment from his conclusive findings regarding this. Please see extracts from Mr Greenfield's latest findings for your assurance.
“THE KNOWN FACTS:
“The hand-printed lithographs were produced by publisher Ross Mclean Calder, numbered, and signed by Mr Mandela before witnesses, (video footage, and other evidence of his signing being available), and distributed by the publisher internationally to art galleries, including the “Touch Gallery” in Sydney Australia, and the “Belgravia Gallery” London England.

“The material used for the lithographs being “Velin B F K Rives” paper.

“The printing was done under Supervision of the Michaelis School of Fine Art, University of Cape Town by Professor Stephen Inggs, and Tamarind Institute Master Printer Ernestine White assisted by Russell Jones and Klaus Fricke.
“CONCLUSIONS:
“The fact that each is an original pencil written signature rules out the likelihood that any of them were manipulated onto the artwork electronically.

“Short of being the work of a brilliant forger who is completely aware of all the pitfalls of this type of forgery, and that he/she is able to produce his/her masterpieces spontaneously, and at fair speed, tracing as is generally understood, is highly unlikely.
“Cecil Greenfield
QUESTIONED DOCUMENTS EXAMINER
Johannesburg 24th June 2007

“Kind Regards
“Richard Lubner”

Colleen Heeter, CFRE
Director, Fund Development
Indiana Black Expo, Inc.
3145 N. Meridian Street, Suite 100
Indianapolis, IN 46208
317.925.0003
317.925.6624 fax
www.indianablackexpo.com

7) Ibid

8) U.S. Copyright Law 101 Defintions

9) Ibid, Collen Heeter’s July 15, 2007 email

10) www.touchgalleries.com.au

11) Ibid, Collen Heeter’s July 15, 2007 email

12) ISBN 0-7645-6147-2

13) Ibid, Collen Heeter’s July 15, 2007 email

14) Ibid

15) Stephen Inggs. associate professor - printmaking 27 (0)21 480-7109, singgs@hiddingh.uct.ac.za

www.michaelis.uct.ac.za
“Stephen Inggs is Associate Professor in Printmaking at the Michaelis School of ine Art. He holds a Master of Arts (Fine Art) Degree from the University of atal and a Postgraduate Diploma in Printmaking from the University of Brighton, England. He has taught at the University of Natal, Pietermaritzburg and been xternal examiner at the University of Stellenbosch.

“Inggs’s professional extension activities range from a collaborative print project with Nelson Mandela for the Children’s Fund, organising and convening a colloquium on lithography and the print in books and being invited as an artist in residence. He is also co-curator of the Katrine Harries Print Cabinet responsible for the production and publication of a series of limited edition artists’ books including original prints.”

16) ISBN 0-13-304593-5

17) November 19, 2003 email from Andries Loots, South African Virual Art Gallery

18) www.businessday.co.za/PrintFriendly.aspx?ID=BD4A35886

19) www.guardian.co.uk/print/0,3858,5172881-110427,00.html

NOTE:
The “Certificates of Authenticity” for these “particular item{s} was purchased directly from the foundation select to sell the initial limited edition of lithographs.” (email from Andrew Playford, Signature Days, 300 W Hubbard St, Suite 302, Chicago, IL 60610)

ADDENDUM
Touch of Mandela Price List:
Sources: Belgravia Gallery www.belgraviagallery.com/Index2.html & AFRICAN ART GALLERY www.selectafricanart.com/

Bars and Key - Limited Edition 3000 - £2450 each £7,350,000
the Left Hand Colour - Limited Edition 500 - £5000 each £2,500,000
The Left Hand Black and White - Limited Edition 500 - Price on Demand
The Right Hand - Limited Edition 1000 - Price on Demand

My Robben Island Series 1
The Lighthouse - Limited Edition 500 -£9000 each £4,500,000
The Harbour - Limited Edition 500 - £5000 each £2,500,000
The Church - Limited Edition 500 - £7000 each £3,500,000
The Cell - Limited Edition 500 - £10,000 each £5,000,000
The Window - Limited Edition 500 - £15000 each £7,500,000
Motivational - Limited Edition 500 -£5000 each £2,500,000

My Robben Island Series 2
The Tower - Limited Edition 350 - £10500 each £3,675,000
The Ward - Limited Edition 350 - £3600 each £1,260,000
The Tennis Court - Limited Edition 350 - £3600 each £1,260,000
The Courtyard - Limited Edition 350 - £8500 each £2,795,000
Mandelas Walk - Limited Edition 350 -£12500 each £4,375,000The Struggle Series
1) Freedom -
Limited Edition 950 in cream - £2550 each £2,422,500
Limited Edition 950 in white - £2550 each £2,422,500
2) Future -
Limited Edition 950 in cream - £2550 each £2,422,500
Limited Edition 950 in white - £2550 each £2,422,500
3) Imprison -
Limited Edition 950 in cream - £2550 each £2,422,500
Limited Edition 950 in white - £2550 each £2,422,500
4) Motivation -
Limited Edition 950 in cream - £2550 each £2,422,500
Limited Edition 950 in white - £2550 each £2,422,500
5) Struggle -
Limited Edition 950 in cream - £2550 each £2,422,500
Limited Edition 950 in white - £2550 each £2,422,500
6) Unity -
Limited Edition 950 in cream - £2550 each £2,422,500
Limited Edition 950 in white - £2550 each £2,422,500

NOTE: “The {Struggle Series} edition{s} are 950 with 25 Artist Proofs and 7 Printers Proofs.” Source: Andries Loots, V Gallery - www.vgallery.co.za/mandela.htm - email: art@vgallery.co.za

www.gocurrency.com/v2/dorate.php?inV=%A353%2C560%2C000&from=EUR&to=USD&Calculate=Convert
Currency Converter Results
Wednesday, February 07, 2007

2450 Euro(s) = 3190.39 US Dollar(s)
15000 Euro(s) = 19533 US Dollar(s)

53560000 Euro(s) = 69745832 US Dollar(s)

1 USD = 0.767931 EUR
1 EUR = 1.3022 USD

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