Brittani Faulkes Testimonial and a response to the Georgia Straight article
In the late summer of 2004, I telephoned to make an appointment for an interview with the director of Simon Patrich Gallery (2329 Granville Street, Vancouver BC), Sergio Patrich. I attended the interview with a portfolio and a dozen examples of my oil paintings. I was made a stable member, and my oil paintings were written in as received by the gallery, with wholesale/retail values at a 50/50 split, and I had to sign a contract. The contract clearly stated that the artist would receive the due consignment value within 30 days of collecting the sale price.
Sales were slow at first but picked up. I was floored to learn about my first sale, when the purchaser of a painting managed to acquire my email address from my website to let me know how my painting was bringing happiness to him and his wife. I contacted the gallery and spoke with gallery employee Marianne Dell, who informed me the painting had sold 3 months earlier. I had not seen any money, and thus began a pattern where I had to go and beg or demand financial restitution for a sale.
In the beginning, Sergio Patrich would pay partial amounts until I was eventually fully paid for sold work. It got more and more difficult, however, and at one point, knowing I had admired paintings by fellow stable member Hans Engel, I was asked if I would like to accept one of Engel’s paintings in lieu of a cheque (it turns out the artist was not even aware of this activity). I declined as I needed money in order to eke out a living.
In January 2005 I was offered a solo show from April 29 to May 15. I was happy to accept the offer. Some paintings sold at the opening and a few after. I was told that purchasers had bought paintings on an installment plan and I would not be paid for those until the final amounts were received. I was paid a bit to cover what I was told were all at once purchases. I was never paid for the outstanding amount, $4300.
I was told that Simon Patrich Gallery would be moving to a warehouse on Pine Street in the summer. Worried about damage to my work, and since my husband had a large cargo van and was willing to assist, I offered to help by moving my work, and this offer was declined. Further offers were declined. I had some intuition that things were not what they seemed. On August 2 2005 I telephoned Patrich regarding payment. He said people are slow to pay him and money is going out. He said he had no money to pay me and to call again in three weeks. I informed him I wanted to remove my work from the Simon Patrich Gallery space on the upcoming Saturday. He said he would call back regarding Saturday, but didn’t.
My work was moved to a warehouse at 4th and Pine in Vancouver without my permission. My husband and I tried repeatedly to remove it from the warehouse but it was always padlocked. I tried to contact Patrich by telephone and cellphone to no avail. At this point, I learned I could ask legal aid to set me up with a free appointment with a lawyer to see if I had a case. I was matched to a local contractual lawyer and had a 20 minute interview. The lawyer said that based on the terms of the gallery contract, I had a case and I had a few methods of paying him. I had to pay him a retaining fee, and for fees on top of that, chose to pay a percentage of money collected, if it could be collected.
The lawyer advised me to sit and wait outside the warehouse with some strongarmed male company until we had an opportunity to enter the warehouse and retrieve my art. After several attempts (different days, several hours of waiting) to gain entry, we were finally able on August 5 to follow the computer and reproduction employee Colin into the building. Colin assisted us the whole time with full cooperation, and in the last half hour Sergio’s son Jordan also attempted to help. Artwork for each artist had not been stored in groups by artist, but was stacked willy-nilly on both levels of the warehouse against any flat wall or surface and also crammed into the freight elevator. We covered every square inch of the warehouse and went through each stack at least 3 times. In the end we retrieved all but 2 paintings. Colin suggested they might be at either Sergio or his mother Leah Patrich’s residences.
Upon the lawyer’s advice, I attempted to confirm the whereabouts of the missing pieces by telephoning Sergio. I guess my calls were being screened by caller ID, because no one at the warehouse chose to answer the phone during the afternoon until I tried calling using my cell phone rather than our home telephone. Sergio stated that the missing pieces had not been sold, were not at anybody’s residence, and should be at the warehouse. Well, they weren’t. The value to me of the missing paintings is $1925.
Over the time I had received actual payments from Simon Patrich Gallery, all cheques were signed by Sergio Patrich, and the cheques were issued from the following sources: Simon Patrich Gallery, Spirit of the Northwest Gallery, Imogene Reproductions, and Havilah Holdings; all from Scotia Bank at 1801 Broadway, Vancouver BC.
At the suggestion of my lawyer, I paid filing and service fees of $256 and sued Sergio Patrich in small claims court. We sued for $6481, the amount of the unaccounted for paintings, the balance of outstanding painting sales, and the fees I had paid. Sergio Patrich did not respond to the issue of the writ. Eventually the suit went to court and the judge’s verdict was that Sergio Patrich was to pay me $6481. The lawyer did a search and could find no visible assets for Sergio Patrich. The new gallery was listed in the name of his son Jordan Patrich, and his house was listed in his wife’s name. All bank accounts were in names of family members, but none in Sergio’s.
Meanwhile, the Plaintiff Irwin Commercial Finance Canada Corporation sued Havilah Holdings Ltd. (operating as Simon Patrich Gallery, 59 Patricia Court, New Westminister), for $28,349.74 under an equipment rental agreement. Since this is an incorporated business, it is first in line if any money or assets become visible. This means that all the unincorporated artists and small businesses who have won lawsuits against Patrich don’t stand much of a chance at all of ever collecting money.
How has this impacted me? At first I was embarrassed to admit how incredibly humiliated and angry I was. I had carefully vetted Simon Patrich Gallery by contacting represented artists and asking how they felt about the gallery, and I had subtly interviewed Sergio Patrich just as he was interviewing me during the portfolio meeting. I was treated like family until I started asking for overdue payments of money owed. When it finally came to my realization that the judge accorded me a favorable judgment but that I had little likelihood of getting paid, I was hit harder emotionally than I could have possibly anticipated. I suppose you could say I went through emotions that lingered long on anger and short on acceptance, and when I finally accepted the fact I had been bilked of hard earned income that I required for sustenance by someone who had had my trust, I was incapacitated and for a time acted like I hated everything and everyone I came in contact with. I was unable to paint, questioned my choice of career, and mad at the world. Thankfully these angry emotions eventually passed when I started communicating with web artist Brian Nation, and realized I was not alone in being maltreated by Sergio Patrich. It was a comment by Brian, who said he had to stop being angry and put it behind him and get on with life, that made me realize that I could no longer allow Patrich to dominate my life, and I moved on.
Just recently I was contacted by Hans Engel and it has been energizing to realize how many of us are out there who are linked by Patrich’s criminal activities and that we are strong in numbers and unity. For this reason I have decided to pull my head from out under the wing and become proactive again. If for no other reason, to try to prevent other innocent artists and business owners from being robbed by a man who knows how to skirt the law and profit by robbing hard working people.
Brittani Faulkes
May 21, 2007
Contents of a letter I emailed to Jessica Werb, Dan McLeod, Charlie Smith, Martin Dunphy, and Brian Lynch on May 17, 2007.
Hello Jessica
While I am happy to see an article articulating the actions of Sergio Patrich (Closure Leaves Artists Scrambling, May 17 2007), you have barely scratched the surface of the tip of the iceberg. It has been my hope for some time now that the media would grab hold of this huge beast by the horns and if not wrestle it to the ground, at least try to grasp the horns.
Sergio Patrich's actions are not new. I was a stable artist at the Simon Patrich Gallery for the last year before he packed up and moved from that facility to the most recent one at 2060 Pine Street. At the time he moved from the Granville Street space I had been actively seeking payment of money owed, approximately $4300. At one time I was offered another artist's painting in lieu of monetary restitution, without the knowledge of that artist. The contents of Granville Street Simon Patrich Gallery were moved to a warehouse at 2060 Pine Street, a space which required a great deal of renovation. My husband and I tried repeatedly to remove my work from the warehouse, but there was no access to the building and no way to contact Patrich. I retained a lawyer, who advised me to sit and watch from a vehicle for an opportunity to access my art. After several tries, we were able to follow the reproduction employee into the space. All the artwork from the Granville Street space was stored willy-nilly throughout the two floors, in filth, with no protection between pieces, and even the cargo elevator crammed with art. We were able to locate all but 2 of my paintings, so the total amount lost to me was $4300 in owed money, and the total with the missing artwork and filing fees for the lawsuit came to $6800. It went to court, which Patrich did not attend, and the judge's decision was that Patrich owed me this amount. Unfortunately, since the new gallery space was placed in his son's name, his house in his wife's name, and with no visible assets, there was little likelihood of receiving payment unless Patrich slipped up in his elusiveness and was caught in the act. At the same time, a company that sold and rented reproduction equipment sued for a large sum of money Patrich owed. Since the company is incorporated, it is first in line to collect money if it becomes available. While going through all of this, I came into contact with several artists and small business owners who were also owed money but never paid by Patrich. This is not a new pattern, it is a repeated pattern.
While your article is a step in the right direction, it comes across as implying that Hans Engel is "claiming" his case and Sergio Patrich is "stating" his case. This is adding insult to injury. Sergio Patrich's actions are illegal and immoral, preying on artists' livelihoods and swindling businesses. If nothing else, I would hope your article alerts other artists to be aware of any business dealings with Sergio Patrich and those associated with his business dealings. His pattern is to gain the trust of an artist by paying for the first few sales, then making it more difficult to collect, then not paying at all. When I became a stable member at Simon Patrich Gallery I carefully vetted the business by contacting other represented artists and asking how they regarded the gallery, and by assessing Sergio Patrich as he assessed me during an interview and portfolio examination. This careful approach did not help me at all. Ultimately, I would hope that other artists, web designers, print companies, reproduction equipment companies, landlords, and all others who come into contact with Sergio Patrich do so with eyes wide open...in all likelihood he will set up another space, ingratiate himself to other artists and businesses, stop paying owed money, and move on. Those of us who are honest, beware.
Thank you, Brittani Faulkes
Sales were slow at first but picked up. I was floored to learn about my first sale, when the purchaser of a painting managed to acquire my email address from my website to let me know how my painting was bringing happiness to him and his wife. I contacted the gallery and spoke with gallery employee Marianne Dell, who informed me the painting had sold 3 months earlier. I had not seen any money, and thus began a pattern where I had to go and beg or demand financial restitution for a sale.
In the beginning, Sergio Patrich would pay partial amounts until I was eventually fully paid for sold work. It got more and more difficult, however, and at one point, knowing I had admired paintings by fellow stable member Hans Engel, I was asked if I would like to accept one of Engel’s paintings in lieu of a cheque (it turns out the artist was not even aware of this activity). I declined as I needed money in order to eke out a living.
In January 2005 I was offered a solo show from April 29 to May 15. I was happy to accept the offer. Some paintings sold at the opening and a few after. I was told that purchasers had bought paintings on an installment plan and I would not be paid for those until the final amounts were received. I was paid a bit to cover what I was told were all at once purchases. I was never paid for the outstanding amount, $4300.
I was told that Simon Patrich Gallery would be moving to a warehouse on Pine Street in the summer. Worried about damage to my work, and since my husband had a large cargo van and was willing to assist, I offered to help by moving my work, and this offer was declined. Further offers were declined. I had some intuition that things were not what they seemed. On August 2 2005 I telephoned Patrich regarding payment. He said people are slow to pay him and money is going out. He said he had no money to pay me and to call again in three weeks. I informed him I wanted to remove my work from the Simon Patrich Gallery space on the upcoming Saturday. He said he would call back regarding Saturday, but didn’t.
My work was moved to a warehouse at 4th and Pine in Vancouver without my permission. My husband and I tried repeatedly to remove it from the warehouse but it was always padlocked. I tried to contact Patrich by telephone and cellphone to no avail. At this point, I learned I could ask legal aid to set me up with a free appointment with a lawyer to see if I had a case. I was matched to a local contractual lawyer and had a 20 minute interview. The lawyer said that based on the terms of the gallery contract, I had a case and I had a few methods of paying him. I had to pay him a retaining fee, and for fees on top of that, chose to pay a percentage of money collected, if it could be collected.
The lawyer advised me to sit and wait outside the warehouse with some strongarmed male company until we had an opportunity to enter the warehouse and retrieve my art. After several attempts (different days, several hours of waiting) to gain entry, we were finally able on August 5 to follow the computer and reproduction employee Colin into the building. Colin assisted us the whole time with full cooperation, and in the last half hour Sergio’s son Jordan also attempted to help. Artwork for each artist had not been stored in groups by artist, but was stacked willy-nilly on both levels of the warehouse against any flat wall or surface and also crammed into the freight elevator. We covered every square inch of the warehouse and went through each stack at least 3 times. In the end we retrieved all but 2 paintings. Colin suggested they might be at either Sergio or his mother Leah Patrich’s residences.
Upon the lawyer’s advice, I attempted to confirm the whereabouts of the missing pieces by telephoning Sergio. I guess my calls were being screened by caller ID, because no one at the warehouse chose to answer the phone during the afternoon until I tried calling using my cell phone rather than our home telephone. Sergio stated that the missing pieces had not been sold, were not at anybody’s residence, and should be at the warehouse. Well, they weren’t. The value to me of the missing paintings is $1925.
Over the time I had received actual payments from Simon Patrich Gallery, all cheques were signed by Sergio Patrich, and the cheques were issued from the following sources: Simon Patrich Gallery, Spirit of the Northwest Gallery, Imogene Reproductions, and Havilah Holdings; all from Scotia Bank at 1801 Broadway, Vancouver BC.
At the suggestion of my lawyer, I paid filing and service fees of $256 and sued Sergio Patrich in small claims court. We sued for $6481, the amount of the unaccounted for paintings, the balance of outstanding painting sales, and the fees I had paid. Sergio Patrich did not respond to the issue of the writ. Eventually the suit went to court and the judge’s verdict was that Sergio Patrich was to pay me $6481. The lawyer did a search and could find no visible assets for Sergio Patrich. The new gallery was listed in the name of his son Jordan Patrich, and his house was listed in his wife’s name. All bank accounts were in names of family members, but none in Sergio’s.
Meanwhile, the Plaintiff Irwin Commercial Finance Canada Corporation sued Havilah Holdings Ltd. (operating as Simon Patrich Gallery, 59 Patricia Court, New Westminister), for $28,349.74 under an equipment rental agreement. Since this is an incorporated business, it is first in line if any money or assets become visible. This means that all the unincorporated artists and small businesses who have won lawsuits against Patrich don’t stand much of a chance at all of ever collecting money.
How has this impacted me? At first I was embarrassed to admit how incredibly humiliated and angry I was. I had carefully vetted Simon Patrich Gallery by contacting represented artists and asking how they felt about the gallery, and I had subtly interviewed Sergio Patrich just as he was interviewing me during the portfolio meeting. I was treated like family until I started asking for overdue payments of money owed. When it finally came to my realization that the judge accorded me a favorable judgment but that I had little likelihood of getting paid, I was hit harder emotionally than I could have possibly anticipated. I suppose you could say I went through emotions that lingered long on anger and short on acceptance, and when I finally accepted the fact I had been bilked of hard earned income that I required for sustenance by someone who had had my trust, I was incapacitated and for a time acted like I hated everything and everyone I came in contact with. I was unable to paint, questioned my choice of career, and mad at the world. Thankfully these angry emotions eventually passed when I started communicating with web artist Brian Nation, and realized I was not alone in being maltreated by Sergio Patrich. It was a comment by Brian, who said he had to stop being angry and put it behind him and get on with life, that made me realize that I could no longer allow Patrich to dominate my life, and I moved on.
Just recently I was contacted by Hans Engel and it has been energizing to realize how many of us are out there who are linked by Patrich’s criminal activities and that we are strong in numbers and unity. For this reason I have decided to pull my head from out under the wing and become proactive again. If for no other reason, to try to prevent other innocent artists and business owners from being robbed by a man who knows how to skirt the law and profit by robbing hard working people.
Brittani Faulkes
May 21, 2007
Contents of a letter I emailed to Jessica Werb, Dan McLeod, Charlie Smith, Martin Dunphy, and Brian Lynch on May 17, 2007.
Hello Jessica
While I am happy to see an article articulating the actions of Sergio Patrich (Closure Leaves Artists Scrambling, May 17 2007), you have barely scratched the surface of the tip of the iceberg. It has been my hope for some time now that the media would grab hold of this huge beast by the horns and if not wrestle it to the ground, at least try to grasp the horns.
Sergio Patrich's actions are not new. I was a stable artist at the Simon Patrich Gallery for the last year before he packed up and moved from that facility to the most recent one at 2060 Pine Street. At the time he moved from the Granville Street space I had been actively seeking payment of money owed, approximately $4300. At one time I was offered another artist's painting in lieu of monetary restitution, without the knowledge of that artist. The contents of Granville Street Simon Patrich Gallery were moved to a warehouse at 2060 Pine Street, a space which required a great deal of renovation. My husband and I tried repeatedly to remove my work from the warehouse, but there was no access to the building and no way to contact Patrich. I retained a lawyer, who advised me to sit and watch from a vehicle for an opportunity to access my art. After several tries, we were able to follow the reproduction employee into the space. All the artwork from the Granville Street space was stored willy-nilly throughout the two floors, in filth, with no protection between pieces, and even the cargo elevator crammed with art. We were able to locate all but 2 of my paintings, so the total amount lost to me was $4300 in owed money, and the total with the missing artwork and filing fees for the lawsuit came to $6800. It went to court, which Patrich did not attend, and the judge's decision was that Patrich owed me this amount. Unfortunately, since the new gallery space was placed in his son's name, his house in his wife's name, and with no visible assets, there was little likelihood of receiving payment unless Patrich slipped up in his elusiveness and was caught in the act. At the same time, a company that sold and rented reproduction equipment sued for a large sum of money Patrich owed. Since the company is incorporated, it is first in line to collect money if it becomes available. While going through all of this, I came into contact with several artists and small business owners who were also owed money but never paid by Patrich. This is not a new pattern, it is a repeated pattern.
While your article is a step in the right direction, it comes across as implying that Hans Engel is "claiming" his case and Sergio Patrich is "stating" his case. This is adding insult to injury. Sergio Patrich's actions are illegal and immoral, preying on artists' livelihoods and swindling businesses. If nothing else, I would hope your article alerts other artists to be aware of any business dealings with Sergio Patrich and those associated with his business dealings. His pattern is to gain the trust of an artist by paying for the first few sales, then making it more difficult to collect, then not paying at all. When I became a stable member at Simon Patrich Gallery I carefully vetted the business by contacting other represented artists and asking how they regarded the gallery, and by assessing Sergio Patrich as he assessed me during an interview and portfolio examination. This careful approach did not help me at all. Ultimately, I would hope that other artists, web designers, print companies, reproduction equipment companies, landlords, and all others who come into contact with Sergio Patrich do so with eyes wide open...in all likelihood he will set up another space, ingratiate himself to other artists and businesses, stop paying owed money, and move on. Those of us who are honest, beware.
Thank you, Brittani Faulkes
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