His work can be seen publicly in Portland in front of NW Natural's Old Town
headquarters, and, according to promotional materials, all over the world. His
sculptures have been presented to, among many others, Mikhail Gorbachev, Queen
Elizabeth and Spain's King Juan Carlos.
So, when Mark Ghiglieri established a company called Provenance Fine Arts Corp.
on Upper Boones Ferry Road in the fall of 1998, he knew a thing or two about
bronze.
Ghiglieri hired a couple of telemarketers and gave them each a list of nonprofits.
The pitch he devised was simple. Provenance employees called auction organizers
offering to "donate" a Ghiglieri sculpture for an upcoming event. In return,
the nonprofit agreed to split 50-50 the proceeds of any sale made above a preset
price. The company provided promotional materials and paid shipping expenses.
In addition, Provenance provided a bound appraisal from the National Institute
of Appraisers certifying the value of each sculpture. "I thought that was more
impressive than just putting a price on them," Ghiglieri explains.
For cash-starved nonprofits, Provenance proved a godsend. Most auction organizers
spend months frantically begging for donations, says Shannon Worley, who runs
Portland's Boys and Girls Club auction. Provenance's offer of unsolicited big-ticket
items made organizers' jobs much easier. "It's really nice to have donors call,"
Worley says. "I love those that come to me."
Not surprisingly, Ghiglieri's new company took off faster than one of his sports
cars. "Nobody in the world is moving more high-end bronze than Provenance,"
he says.
In November, according to figures provided by the company, Provenance "donated"
more than 300 pieces of sculpture to nonprofits across the country. For the
entire year, Provenance generated revenues of nearly $5 million--half of which
went to nonprofits.
Mark Ghiglieri's story might simply be a tale of altruism and personal redemption--except
that Provenance's donations tarnish upon closer inspection.
For starters, some organizations are uncomfortable with the idea that Provenance
is profiting by riding charities' coattails. "In the 12 years I've been volunteering
at Doernbecher, it's the first time I've ever seen a split of the proceeds--it's
very unusual," says Ron Brake, president of the children's hospital foundation,
which nonetheless auctions Provenance sculptures. "Frankly, I find it a little
bit distasteful, because it seems a way for Provenance to market their art."
Other groups simply refuse the company's terms, because they believe auction
items should be donated with no strings or costs attached. "We don't take sculptures
from Provenance," says Joanie Hanson, who organizes Jesuit's auction.
Some nonprofits that accept Ghiglieri sculptures, such as the Christie School,
inform auction attendees of Provenance's revenue-sharing arrangement. But many
do not. At last year's Portland Boys and Girls Club auction, for instance, there
was no mention in the auction catalogue that Provenance would receive half the
proceeds from sculpture it provided.
Worley, who organized the event, says there was no intention to mislead the
audience. "It's not a secret," she says of Provenance's 50-50 split. "But you
can't put everything in the auction catalogue or it would be 300 pages long."
There are, however, bigger concerns about the way Provenance conducts its business.
First, there is the issue of how the company uses the Ghiglieri name. In all
its marketing material, Provenance features Lorenzo--his face, his biography,
his art--and his collectors. It is, after all, Lorenzo whose work is in the
White House, the Vatican and the Smithsonian. And descriptions of Lorenzo's
life and work fill up eight of the 10 pages on the Provenance website (finearttrust.com)
that former employees say is a crucial part of the company's pitch to nonprofits.
It is also Lorenzo who dominates the glossy six-page color brochures the company
produces; it is Lorenzo shown presenting sculptures to the pope and Ronald Reagan
and Michael Jackson in the massive photographs that cover Provenance's showroom
walls, adorn the promotional poster boards and feature in the videos that the
company sends to auctions.
In short, the Ghiglieri fame and the Ghiglieri name are Lorenzo's.
Yet WW has learned that the majority of sculptures that Provenance sends
to auctions are produced not by Lorenzo but by his 30-year-old son Laran Ghiglieri.
Laran, who lives in Lake Oswego, acknowledges that while his father sculpted
a couple of the pieces Provenance sells, he creates most of the company's product.
"I think 70 or 75 percent of Provenance's work is mine," he says.
A little-known sculptor who admits his work has never been sold in galleries,
Laran says his real passion is producing art for fantasy comic books.
While his father's sculptures can be found in spots ranging from Forest Grove's
Montinore Vineyards to the Japanese headquarters of Toyo tires, Laran's work
is displayed publicly in only one setting: His bronze rendition of two dolphins
stands in front of a Portland strip joint called The Dolphin on Southeast McLoughlin
Boulevard.
If charity auction buyers fall in love with Lorenzo's reputation and go home
with Laran's sculpture, they have themselves to blame. But Provenance does far
more than market Lorenzo's name aggressively. For several reasons, the "certified
appraisals" the company provides are puzzling.
For one thing, the very notion of appraising contemporary bronze sculptures
is unusual. "I have never heard of an appraiser of bronzes unless you're talking
about antique pieces," says Jeanie Joslin, the wife and business manager of
Lake Oswego sculptor Jerry Joslin. "It's uncommon to see an appraisal with a
contemporary bronze," agrees Tom O'Grady of Portland's O'Gallerie.
According to a Provenance official, all of the company's appraisals come from
the same place--the National Institute of Appraisers in Los Angeles.
Mark and Laran Ghiglieri insist that the NIA provides an unbiased evaluation
of Provenance's artwork. "The appraisals are done independently," Laran says.
Edward Okil, the executive director of the NIA, told a different story. Okil
conceded that he has no data from galleries or independent auctions that would
substantiate NIA's appraisals of Laran's work. And contrary to the claim of
independence, Okil told WW that much of his information came from Provenance
rather than third parties, though he says this is not unusual. "We do appraisals
all the time based on things we are given by clients," Okil explains.
Neither the Institute nor Okil is a member of either the American Society of
Appraisers or the Appraisers Association of America, the two leading art-appraisal
groups. Okil says he does belong to professional associations but declined to
say which ones.
An appraiser's credentials are particularly important because the art industry
is so lightly regulated, says Paula Madden, a Sotheby's-trained Portland appraiser
who has worked with galleries, collectors and insurance companies for 20 years
and is a member of the ASA. "In order to testify in court as an expert, I must
have a professional association behind me," she explains.
Madden says that a couple of years ago she was hired by an insurance company
to appraise the value of some stolen paintings that had previously been appraised
by the NIA, Okil's company. "The value given in their appraisal was misleading
and totally unsubstantiated," Madden says.
Of course, the most important test of an appraisal is whether it is accurate.
WW obtained an NIA appraisal of a Laran Ghiglieri sculpture called Nature's
Treasures, which values the sculpture at $37,500. WW faxed it to
Tom Barnes of Richard Thomas Galleries in San Francisco, one of the West Coast's
foremost dealers of bronze art.
Barnes says the document bears no resemblance to any art appraisal he has seen
before. Although nine pages long, the appraisal offers no specific information
about the sculpture other than its dimensions. "It seems like there's an attempt
on their part to create a value based on the appraiser rather than the artwork,"
he says.
Barnes, who has known Lorenzo Ghiglieri for two decades, says that $37,500
would be a lot of money for one of his sculptures the size of Nature's Treasure,
much less one by his little-known son. Given the younger Ghiglieri's obscurity,
Barnes finds the value NIA placed on the sculpture mystifying. "I can tell you
that as a routine matter, [even] Lorenzo's work doesn't sell for anything like
that for a piece that size," Barnes says.
For their part, Mark and Laran deny that Provenance's appraisals are inflated.
Mark insists that some of Laran's golf sculptures have sold at or above appraised
value at charity auctions. "When thousands of the most successful people in
the world own Laran's artwork," Mark says, "he's a known commodity."
Mark Ghiglieri no longer runs Provenance Fine Arts. Last year, he sold the
company to Roger Pollock, once Portland's most prolific home builder.
Ghiglieri met Pollock in the spring of 1999, when a friend took him to Pollock's
home in Lake Oswego. At 12,600 square feet, Pollock's Willamette River-front
palazzo, with its nine bathrooms and space station-size chandelier, screamed
the word "prospect" to Ghiglieri, who was seeking money to expand Provenance.
"I pitched him pretty good," Ghiglieri recalls.
Pollock, then 38, had recently netted more than $7 million in the sale of his
construction company. Temporarily retired, he kept busy riding jet skis and
serving as finance chairman for Molly Bordonaro's failed 1998 congressional
campaign. All the while, Pollock, whom Inc. magazine dubbed in 1999 one
of the nation's leading entrepreneurs under the age of 40, was looking for his
next big score.
Pollock was enthralled with Provenance's potential. "Mark had more customers
than money," he recalls.
The meeting went well. "I was only there for about 10 minutes," Ghiglieri says.
"But he gave me
a big check to invest in the
company."
Within a month Pollock upped his investment, becoming Ghiglieri's partner.
He quickly wrung inefficiencies out of the company. "We were paying $275 apiece
for our reader boards when I got here," Pollock says of Provenance's promotional
posters. "Now I get them for six bucks."
Aggressiveness is Pollock's hallmark. In 1999, for example, he sued D.R. Horton,
the company that bought him out, claiming that Horton failed to support its
Portland operations, which he briefly directed. The suit backfired. In court,
Horton proved that Pollock had improperly used company funds to pay for work
previously done on his homes in Lake Oswego and at the coast. Pollock agreed
to repay the company and was also ordered to pay $194,000 in costs and legal
fees. (He is currently appealing the decision.)
But the former homebuilder's aggressiveness also drove Provenance's growth.
In April 1999, the company employed 12 people; today it has nearly 50, most
of them telemarketers sitting in a windowless room under handwritten signs that
say "Charities Are Your Boss." And although Pollock claims the company lost
money last year, he was bullish enough on its prospects to pay Ghiglieri what
both men say was $1 million to leave the company. "Mark and I just have different
styles," he says.
But by late last year, Pollock's hardball approach had contributed to enough
grumbling from suppliers and people in the bronze art community that a number
of them brought their concerns about Provenance's marketing practices and appraisals
to WW's attention.
Pollock denies that his company attempts to deceive auction patrons and says
the appraisals Provenance provides are legitimate. "To take any kind of shortcut
is misleading and not worth it," he adds.
In a rambling interview, Lorenzo Ghiglieri said he knew nothing about the details
of Provenance's operation or of the method in which it gets appraisals. "They're
contributing a lot of money to charity, and that's what really counts," he said.
Nevertheless, Attorney General Hardy Myers' staff is interested in Provenance.
Given the discrepancy between appraised values and sales prices, the company
may be in violation of Oregon's Truth in Advertising laws. Contacted last week,
an official in the AG's office told WW that investigators will soon begin
examination of Provenance's activities. "We will be looking at Provenance for
possible unlawful trade practices," says Jan Margosian, the AG's consumer-affairs
specialist.
While Pollock plots Provenance's future, his former partner is applying his
skills to a new company he formed. Instead of sculpture, he's marketing an anti-aging
elixir called Viogenix. "What I've created is going to be bigger than Provenance,"
Mark Ghiglieri says. "Way bigger."
DONATING FOR DOLLARS
A Portland tax lawyer says the possibility that some appraisals of Ghiglieri
sculptures are inflated could have another consequence: encouraging a purchaser
to engage in questionable tax strategy.
The lawyer, who works for one of Portland's largest law firms, says IRS regulations
allow people to donate artwork to nonprofits and take a deduction equal to the
fair market or appraised value of the work.
A quick look at local auction catalogues shows that individuals unrelated to
Provenance regularly donate Ghiglieri sculptures--complete with appraisals--to
auctions.
It is certainly possible to buy a Laran Ghiglieri appraised at $37,500 for
$6,000. People who are looking for a big tax benefit might try to do just that--donating
the sculpture to a second auction, then taking a $37,500 tax deduction.
The lawyer, who requested anonymity, advises clients against such a strategy,
since "Ghiglieri appraisals are known to be excessive." Still, he says, there
probably are people who do just that. "There are a number of people out there
who buy [Ghiglieri sculptures] for the purpose of re-donating them," the lawyer
claims. "I can't even keep track of the times this issue has come across my
desk."
To punctuate his point about the appraisals, the lawyer jokingly offered to
sell WW the Ghiglieri sculpture in his law firm's library--for 10 percent
of its appraised value. --NJ