Fallen Real Estate Agent Tried a $11 Million Art Con
A federal jury convicted Luke Brugnara of mail fraud, wire fraud and false declarations to a court, escape, and contempt of court.
The original complaint in May 27, 2014 came from Brugnara refusing to pay for artwork totaling around $11 million after he convinced Rosa Long (who purchased the art from New York art dealer, Walter Maibaum) to ship the artwork to his house in California. The artwork included paintings by Joan Miro, Willem de Kooning, George Luks, Picasso, and a statue by Degas.
Long believed that Brugnara was planning on opening an art museum. Brugnara later claimed that the pieces were a gift from Long, but she denounced that accusation.
Later, Brugnara claimed that he got a phone call days before the delivery from someone telling him that the artwork he purchased were replications with little value. Maibaum was sued for fraud in 2009 when he tried to sell a fake bronze Picasso for $6 million, but he does own Moderism Fine Art and Degas Sculpture Project in New York. Although evidence from the trial showed the phone call never took place.
Brugnara was on the FBI Most Wanted List for a short period because he escaped from custody while meeting his attorney at a federal building. He was recaptured after a week.
Brugnara decided to represent himself in the trial. He showed up shoeless on the first day of the trial. One of the jurors had to be released because he had an outburst during one of the proceedings. Judge Alsup sentenced him to 471 days in prison for contempt because of his actions during the trial. He ignored Judge Alsup's evidentiary and procedural rulings, verbally abusing the witnesses, and insulting the government's attorneys. The trial was three weeks long and ended in a guilty verdict. His sentencing will be September 8.
The statue by Edgar Degas is still missing. Brugnara suggested that someone stole the crate from his garage.
Brugnara is planning on appealing. If his appeal does go through, he will not be allowed to represent himself.
Comments from Allen:
Attorneys are bound to a code of professional conduct, rules of evidence and rules of procedure.
Anyone can represent himself in court (you have a Constitutional right to be stupid). If you do so, however, you must abide by the same rules as lawyers. You must treat everyone with respect, even if they are trying to send him to prison. There can be no outbursts of emotion in the courtroom, and you must dress appropriately for court every day (no shoeless attorneys or clients). It appears this fellow got himself in trouble by failing to respect basic rules of the court. My guess is that he argued with the judge after the judge had made a ruling or had instructed him to stop violating court rules. That is an invitation to being held in contempt.
The original complaint in May 27, 2014 came from Brugnara refusing to pay for artwork totaling around $11 million after he convinced Rosa Long (who purchased the art from New York art dealer, Walter Maibaum) to ship the artwork to his house in California. The artwork included paintings by Joan Miro, Willem de Kooning, George Luks, Picasso, and a statue by Degas.
Long believed that Brugnara was planning on opening an art museum. Brugnara later claimed that the pieces were a gift from Long, but she denounced that accusation.
Later, Brugnara claimed that he got a phone call days before the delivery from someone telling him that the artwork he purchased were replications with little value. Maibaum was sued for fraud in 2009 when he tried to sell a fake bronze Picasso for $6 million, but he does own Moderism Fine Art and Degas Sculpture Project in New York. Although evidence from the trial showed the phone call never took place.
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| The Missing Degas Statue Approx. $3-4 million |
Brugnara decided to represent himself in the trial. He showed up shoeless on the first day of the trial. One of the jurors had to be released because he had an outburst during one of the proceedings. Judge Alsup sentenced him to 471 days in prison for contempt because of his actions during the trial. He ignored Judge Alsup's evidentiary and procedural rulings, verbally abusing the witnesses, and insulting the government's attorneys. The trial was three weeks long and ended in a guilty verdict. His sentencing will be September 8.
The statue by Edgar Degas is still missing. Brugnara suggested that someone stole the crate from his garage.
Brugnara is planning on appealing. If his appeal does go through, he will not be allowed to represent himself.
Comments from Allen:
Attorneys are bound to a code of professional conduct, rules of evidence and rules of procedure.
Anyone can represent himself in court (you have a Constitutional right to be stupid). If you do so, however, you must abide by the same rules as lawyers. You must treat everyone with respect, even if they are trying to send him to prison. There can be no outbursts of emotion in the courtroom, and you must dress appropriately for court every day (no shoeless attorneys or clients). It appears this fellow got himself in trouble by failing to respect basic rules of the court. My guess is that he argued with the judge after the judge had made a ruling or had instructed him to stop violating court rules. That is an invitation to being held in contempt.
As to the missing Degas statue: Whether Brugnara secretly sold it or whether some burglar stole it in his possession does not matter. Having defrauded Long into putting the statue into his possession, Brugnara becomes a guarantor that the statue will be returned unharmed. If it does not find its way back into the possession of Long, Brugnara must pay Long the market value of that item as restitution. Of course, Brugnara could get himself a job in prison to get a head start on paying restitution. At 50 cents an hour, he will be washing a lot of dishes to pay for that statue.
Sources for more information:
http://www.courthousenews.com/2015/04/28/bathroom-hijinks-pepper-accused-art-thiefs-trial.htm
http://www.courthousenews.com/2015/07/01/art-fraudster-awaits-sentence-after-circus-trial.htm
http://www.courthousenews.com/2015/04/29/accused-art-thief-headed-to-jail-for-witness-abuse.htm
https://www.fbi.gov/sanfrancisco/press-releases/2015/san-francisco-art-dealer-convicted-of-mail-fraud-wire-fraud-making-false-declarations-escape-and-contempt-after-three-week-jury-trial
https://news.artnet.com/in-brief/luke-brugnara-found-guilty-but-will-appeal-313409
http://www.nydailynews.com/news/crime/lloyd-london-won-pay-lost-degas-sculpture-suit-article-1.2026935
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.Sources for more information:
http://www.courthousenews.com/2015/04/28/bathroom-hijinks-pepper-accused-art-thiefs-trial.htm
http://www.courthousenews.com/2015/07/01/art-fraudster-awaits-sentence-after-circus-trial.htm
http://www.courthousenews.com/2015/04/29/accused-art-thief-headed-to-jail-for-witness-abuse.htm
https://www.fbi.gov/sanfrancisco/press-releases/2015/san-francisco-art-dealer-convicted-of-mail-fraud-wire-fraud-making-false-declarations-escape-and-contempt-after-three-week-jury-trial
https://news.artnet.com/in-brief/luke-brugnara-found-guilty-but-will-appeal-313409
http://www.nydailynews.com/news/crime/lloyd-london-won-pay-lost-degas-sculpture-suit-article-1.2026935
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