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Orlando Museum of Art sues ex-director, others over ‘Basquiat’ art

The Orlando Museum of Art has filed a lawsuit against its former director and others it say committed fraud against the museum over the so-called Basquiat artworks later seized by the FBI. (Ricardo Ramirez Buxeda/ Orlando Sentinel)
The Orlando Museum of Art has filed a lawsuit against its former director and others it say committed fraud against the museum over the so-called Basquiat artworks later seized by the FBI. (Ricardo Ramirez Buxeda/ Orlando Sentinel)
Matt Palm, Orlando Sentinel staff portrait in Orlando, Fla., Tuesday, July 19, 2022. (Willie J. Allen Jr./Orlando Sentinel)
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Orlando Museum of Art has sued its former director, Aaron De Groft, as well as others who were instrumental in bringing the now disgraced “Heroes & Monsters” exhibit of work attributed to Jean-Michel Basquiat to the Loch Haven Park institution in 2022.

The 77-page lawsuit, with an additional 73 exhibits of emails and other records to bolster the museum’s case, was filed Aug. 14 in the state’s Ninth Judicial Circuit, which covers Orange County, by E. Ginnette “Ginny” Childs of the Akerman law firm.

Akerman had previously been engaged by the museum’s board of directors to conduct an inquiry into what happened that allowed the “Heroes & Monsters” exhibit to be trumpeted by the museum — before a June 2022 FBI raid seized the art from the gallery walls as part of an investigation that led to  California auctioneer Michael Barzman admitting he helped create some of the works in the exhibition.

Despite early promises to be transparent with the community about its findings, the museum has shared next to nothing about the Akerman investigation. But the lawsuit, which uses emails and staff interviews to make its case against De Groft and the artworks’ owners, provides a look at what transpired — at least from the museum’s point of view.

New Orlando Museum of Art board chair: ‘I’m sorry’ about Basquiat scandal

The lawsuit maintains the board was kept in the dark about the many red flags over the so-called Basquiat works’ authenticity and lays the blame for the debacle squarely with De Groft.

“The Owner Defendants easily persuaded De Groft to join their conspiracy by promising De Groft a significant cut of the proceeds of the anticipated multimillion dollar sale,” the museum’s lawsuit states. “De Groft quickly jettisoned his professional, ethical, and fiduciary duties to OMA and agreed to exhibit the paintings before ever seeing them in person. Singularly focused on fast-tracking the exhibition, De Groft and the Owner Defendants hijacked OMA’s resources, subverted OMA’s mission, and permanently damaged OMA’s longstanding reputation as a premier local nonprofit organization.”

The museum includes a somewhat garbled email from De Groft in which he boasts about publicity for the “Heroes & Monsters” exhibit and says it’s part of a strategy to personally make money by first exhibiting art at the museum — considered unethical in the art-museum world.

For art-museum director Aaron De Groft, high hopes came to abrupt end in Orlando

“New York Times and Forbes here on Wednesday. This is all part of the plan of exhibiting and selling masterpieces. You all could not do this without me. Face it,” he writes to the unidentified owner of a painting attributed to Titian and championed by De Groft at his previous job at a Virginia museum. “If we sell thii or s [sic] $100 million I need 30 percent.”

“I can do this,” the email obtained by the museum continues. “You boys need to o P sun up [sic] for my expertise and access. I know you will do th [sic] math. … Let’s not get greedy. Let me sell these Basquiats and Pollock and then Titian is up next with a track record. Then I will retire with mazeratis and Ferarris. F— the world shenanigans we when you have money.”

De Groft was fired by the museum shortly after the FBI raid.

In a June 2023 interview with Vanity Fair — an article cited by the museum in its lawsuit as proof of the continued damage to its reputation — De Groft said he believed the California auctioneer’s story about the forged artwork was part of “a totally sweet-deal cover-up” and continued to defend the works’ authenticity.

Barzman, the auctioneer, pleaded guilty to making false statements to the FBI and gave officials a detailed description of how the artwork attributed to Basquiat was created as part of a money-making scheme. He is not among the defendants named in Orlando Museum of Art’s lawsuit.

Orlando Museum of Art ex-director: Basquiat plea deal a ‘cover-up’

De Groft also told Vanity Fair the museum was trying to make him a scapegoat, referring to himself as a “sacrificial lamb.”

“It’s like, ‘Oh, Aaron’s just a bad guy that ruined the museum,’” he told the magazine. “I just want my reputation back.”

In its six counts, the museum specifically accuses De Groft of fraud, conspiracy and breach of fiduciary duty by putting personal profit ahead of the museum’s well-being. The other defendants are also accused of fraud and conspiracy, as well as breach of contract and aiding and abetting breach of fiduciary duty.

The other defendants are Pierce O’Donnell; John Leo Mangan III, also known as Lee Mangan or Leo Mangan; William Michael Force, also known as Michael William Force; Taryn Burns; Basquiat Venice Collection Group, a California joint venture; MJL Family Trust LLC, a Colorado limited liability company; and Richard LiPuma. All had an ownership stake in the artwork displayed by Orlando Museum of Art.

The museum seeks a jury trial in the case and unspecified damages — while saying it has lost hundreds of thousands of dollars over the debunked exhibition.

The suit was filed “to hold responsible the people the museum believes knowingly misrepresented the works’ authenticity and provenance,” wrote Orlando Museum of Art board chairman Mark Elliott in a statement. “Given that litigation has commenced, the OMA looks forward to presenting its case to a jury.”

Follow me at facebook.com/matthew.j.palm or email me at mpalm@orlandosentinel.com. Find more arts news and reviews at orlandosentinel.com/arts, and go to orlandosentinel.com/theater for theater news and reviews.