LYNN — A 46-year-old Lynn man pleaded guilty Thursday to stealing and attempting to sell two Andy Warhol paintings on eBay, the U.S. Attorney’s office said.
Brian R. Walshe pleaded guilty to wire fraud, interstate transportation for a scheme to defraud, possession of converted goods and unlawful monetary transaction.
His sentencing has been scheduled for Aug. 2.
According to the U.S. Attorney’s office, a buyer found two Warhol paintings for sale on eBay in November 2016. The paintings were two of Warhol’s “Shadows,” from 1978. The original listing price for the paintings was $100,000. In the advertisement, the eBay seller included a picture of an invoice for the two Warhol Shadow paintings with Warhol Foundation numbers and a purchase price of $240,000.
The buyer arranged to buy the paintings, which they thought were authentic, for $80,000.
Walshe and the buyer signed a contract stating that the buyer had three days to terminate the contract and receive a full refund if the buyer did not accept the artwork, prosecutors said.
The buyer’s assistant flew to Boston on Nov. 7, 2016 to meet Walshe to retrieve the paintings and give him a cashier’s check for $80,000. According to bank records, Walshe deposited that check the same day and $33,400 was withdrawn within the next 14 days, prosecutors said.
The day after the paintings were retrieved, the buyer removed the paintings’ frames and found no Warhol Foundation authentication stamps and noticed that the canvasses and staples looked new. The buyer compared the paintings to the photographs from the eBay listing and noticed they did not look identical, prosecutors said.
When the buyer realized the paintings he purchased from Walshe were not authentic, the buyer repeatedly attempted to contact Walshe. The defendant did not initially respond, but later made excuses for the delay in refunding the buyer’s money, prosecutors said.
Walshe initially gained access to those paintings through a friend (the victim) since he was present when the victim first purchased a Warhol painting. Walshe visited the victim in South Korea sometime later and told the victim that he could sell the art for a good price, which was when the victim let Walshe take the two Shadow paintings and other fine art pieces, prosecutors said.
The victim did not hear from Walshe after he took the art and was unable to contact him. The victim then contacted a mutual friend who was able to meet Walshe and retrieve some of the art. Then on May 3, 2011, Walshe allegedly tried to consign the Warhol paintings to a gallery in New York City, which was ultimately declined because the paintings did not have a bill of sale, prosecutors said.
In May 2018, Walshe was arrested and charged. The charge of unlawful monetary transaction provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000.
The charge of interstate transportation for a scheme to defraud provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000.
The charge of wire fraud provides a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000.
The charge of possession of converted goods provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000.
Allysha Dunnigan can be reached at [email protected].
