JR, 
Do you have any interest in posters at all or just in the workings of Heritage? 
If you've ever seen their auctions you will know that when they go live they 
will either say "no reserve" or "reserve not yet posted/met", so you know 
immediately if there is a reserve or not. Then as Grey and John explained, with 
a week to go if the reserve is not met, the price is raised to the bid 
immediately below the reserve so that if anyone bids they can win the item. 
This is the same price John will open the item up for at the live auction 
(instead of wasting time asking for bids that could not possibly win the item). 

Heritage does not place any bids during the live auction. If in fact they bid 
on item (either by an employee collector, or by a buyer acting to purchase for 
their inventory), it is done prior to the auction going live. Many times during 
the break at the auction John has told me that his bids on two or three items 
had been outbid and he wished he had either focused on a single item or had 
placed a higher bid. Example: John wished to buy item #4 and item #5, he has a 
total of $500 he can spend in the auction, so he bids $250 on each one before 
the live session starts. During the session, Item #4 sells for $100 and item #5 
sells for $275. Now John is sad that he could not bid again on Item #5 as he 
still had room below his budget, but Heritage does not allow this. This policy 
is fair to all, is it allows people like John to still be collectors and yet 
places bidders like us (or I should say like me as it it obvious you have never 
bid at Heritage) at an advantage over Heritage during the auction process. 

Heritage does not push the price above the reserve when there is no action on 
an item to make a single interested buyer pay more for the item than the 
opening or reserve, but that does not mean they (again either collector 
employees or purchasing employees) do not place proxy bids. It would be silly 
if collector A has a poster/coin/comic/whatever "worth" $5K and Heritage would 
be a willing buyer for that item at say $3K, but it sells for $185 at the 
auction because they would not be allowed to bid (or there is a reserve of 
$2500 on the item, but it again is unsold because Heritage can't buy it for 
themselves). While possibly an extreme example, you can't remove one of the 
largest buyers from the playing field. Consignments would dry up and it would 
not be a good situation for anyone. 



----- Original Message ----- 
From: "James Richard" <[email protected]> 
To: [email protected] 
Sent: Wednesday, September 16, 2009 5:12:55 PM GMT -05:00 US/Canada Eastern 
Subject: Re: [MOPO] Heritage Response 

John, 

Apparently I was under a misapprehension as well because I thought Heritage 
still used hidden reserves. If not and, as you say, no one at Heritage ever 
pushes the price above the reserve, then what was N.P. Gresham doing? I realize 
you probably can't comment on that because of the lawsuit, but now I'm just 
confused. Both the President and the CEO have admitted to using a fictitious 
bidder who was not a real person to bid on and even win auctions. 

-- JR 

Petty, John - PG wrote: 




Hi Jeff: 



I think you’re laboring under some misapprehensions concerning the way the 
Heritage bidding system works. As the auctioneer of record for most of Grey’s 
auctions, let me address a couple of your concerns. 



You’ve mentioned reserves in this post and several others, and seem to be 
suggesting that auction houses should disclose reserves to their bidders prior 
to bidding. You’re absolutely right on this, which is why Heritage fully 
discloses all reserves at least one week prior to the actual auction date for 
Signature Auctions (items in the Weekly auctions are typically offered without 
reserve). Remember, reserves are set by the consignor, so if there’s a reserve 
price you feel is too high, that’s a consignor issue. IMO, it’s not in anyone’s 
best interest to set a reserve that’s unreasonably high. That’s why Grey takes 
so much time and care in working with consignors to set reserves that both 
protect their interests while at the same time offering a reasonable chance to 
sell. 



To address another of your points, when an item fails to meet the reserve prior 
to bidding, Heritage will increase the bid to one bidding increment below the 
reserve, and start the live bidding there. For example, if the reserve on an 
item is $1,000, Heritage will typically open the bidding at about $950 if the 
reserve has not been met during online and remote bidding. The next actual bid 
will take the item. Heritage’s reason for doing this is simple: they feel that 
their bidder’s time is valuable, and don’t want people wasting their time 
bidding against a reserve. In the case above, if the reserve is $1,000, and the 
highest maximum bid prior to live bidding is $200, whose interest is served by 
forcing the auctioneer – and the audience – to go through bids of $220, $240, 
$260, $280, etc? Even if live bidding tops out at, say, $750, the piece won’t 
sell and everyone’s time has been wasted. Surely you’re not suggesting that 
that would be a better system? With Heritage’s method, everyone knows the 
reserve, and they know that, if they bid, they’re in the running to win the 
piece. If, as you suggest, the market doesn’t want to pay the price set by the 
consignor, than the item doesn’t sell It’s as simple as that (items not sold 
are clearly marked in the Heritage Permanent Auction Archives). As for other 
dealers using Heritage prices as benchmarks for their own material, that is 
certainly their prerogative, as it is yours to refuse to buy a poster at a 
price you feel is unfair. 



I hope this addresses your concerns regarding these issues. It’s really very 
simple once you see it in action, and in that spirit I’d invite you to 
personally attend one of Heritage’s auctions and see the process in action for 
yourself. Once you actually see an auction in person, I’m confident that you’ll 
have a much greater understanding of the way Heritage does business. 



Best, 



John Petty 





From: MoPo List [ mailto:[email protected] ] On Behalf Of Jeff 
Potokar 
Sent: Wednesday, September 16, 2009 1:06 PM 
To: [email protected] 
Subject: Re: [MOPO] Heritage Response 



This sort of pricing happens all the time. All one needs to do, as an example, 
is go to ebay, and find an expensive poster up for sale or auction. Somewhere 
in the description, one will often find a Heritage data base reference, for 
what this same poster sold for 6, 8, 12 months prior, for hundreds or THOUSANDS 
more-- and what a great deal the copy being looked at on ebay is. 





Is this really true? So many questions about this practice. 





And one other thing that was mentioned. If a certain item has a reserve, of 
say, 500.00, why does the bidding start at 200? That makes no sense. Wouldn't 
it be better for consignor as well as the auction house to simply make the 
reserve price of 500.00 the opening bid? Even on ebay, this appears so silly.. 
an item has an opening bid of 2.00, yet the reserve may be 200.00. 





And if these shill bidders are there to get jump the bids, so that the reserve 
is at least met, this, at least appears, to be tampering with what buyers and 
the market want. If a poster with a 500.00 reserve comes up on the block, and 
no one bids anything close to the reserve for an opening bid, doesnt that say 
something about the reserve placed and what the market may feel it is worth? 
For a shill bidder to present a bid, of say, 400 to get the item going, is a 
false way of getting others to bid, since the shill has no intention of 
actually buying the piece. 





Just some thoughts.. 





cheers. 





jeff 


















On Sep 16, 2009, at 9:03 AM, Walton, Jeffrey wrote: 







Yeah, I’ve seen this as well…but what ticks me off – the new price for that 
poster across the board is this over inflated cost thanks not to the bidders 
who drove up the price but to the news of it’s sale….so now everyone who has 
this $5000 poster in stock and if sold for 5k would probably make some sort of 
profit, now raises the price…they can even raise it double and state – “this 
just sold for $25,000” a real bargin. And don’t tell me it does happen….because 
I’ve seen this too….the power of perception is great 








From: MoPo List [ mailto:[email protected] ] On Behalf Of Franc 
Sent: Wednesday, September 16, 2009 10:49 AM 
To: [email protected] 
Subject: Re: [MOPO] Heritage Response 






I've actually seen this happen and not at the big auction houses you mentioned. 
Two bidders on the floor got into a pissing match and each attempting to top 
the other, sometimes upping the bidding price by as much as $5K in one bid for 
a poster(s) that was clearly not worth the astonishing levels it had suddenly 
risen to. I did question people at the auction who knew the two bidders and was 
told that they were bidding for clients who really wanted the poster(s) in 
question. I also interpreted that to mean that they each may be working on a 
commission based on the selling price and hence didn't care about how high they 
bid, especially since they weren't working with their own dollars. FRANC 




-----Original Message----- 
From: MoPo List [ mailto:[email protected] ] On Behalf Of Bruce 
Hershenson 
Sent: Wednesday, September 16, 2009 10:34 AM 
To: [email protected] 
Subject: Re: [MOPO] Heritage Response 


Incidentally, I am not saying that only one auction house likely does this. I 
have seen many many results at Christie's and Sotheby's that fit this profile. 
When I left Christie's in 1997, and was looking for another auction house, I 
made it very clear to Howard Lowery (who I then did three auctions with) that I 
wanted NO tricks played with the bidders, and we did not have ANY of those 
crazy results. And in my own auctions since 2000 I have almost never had crazy 
high results (out of 400,000+ auctions). 

It may not be proof in a court of law, but it sure seems astoundingly 
coincidental that these crazy bidders (who love to show up in twos!) ONLY 
patronize certain exact auction houses. 

Bruce 



On Wed, Sep 16, 2009 at 6:49 AM, Bruce Hershenson < [email protected] > 
wrote: 


I think a concern a lot of people are expressing is that we have all seen how a 
poster that used to always be around say $5,000 suddenly sells for $25,000, and 
we have all wondered how it is that TWO totally separate people suddenly took 
it into their head to bid five times what previous people had bid. I mean, one 
person can decide to do that because they feel they HAVE to have that poster, 
but TWO of them seems to defy the odds. 

And now some of us, in the light of these revelations, are wondering if there 
really WERE two different bidders. And if a "house account" were used to get 
someone to pay five times the former "going rate" is THAT alright (and is it 
excused because the person chose to enter a very high bid)? Is that the 
punishment proscribed for placing a high bid, and even if it were legal in the 
past, should this practice not be stopped in the future? 

Bruce 








On Wed, Sep 16, 2009 at 5:10 AM, Richard Halegua Comic Art < 
[email protected] > wrote: 




At 02:57 AM 9/16/2009, Neil Jaworski wrote: 





I agree with all James Richard's comments on this issue. 

Those who feel that Heritage have an obligation to get the "fair market price" 
for their consignors (and, by a happy coincidence, for themselves) should 
reflect upon how these practices might have pumped up these "fair market 
prices" in the first place. 

Indeed, if this N.P Gresham device has been used as widely as some people are 
suggesting, what extra padding is in the hobby as a whole? 

Those MOPOers who claim that this is all just a playful bit of showmanship 
(wedded to a fiduciary duty to poor sellers who are too nervous to set a 
realistic and honest reserve) should enrol in their nearest high school ethics 
class. 





Neil 
I said this: 





This is how it's supposed to work: 
the reserve is $400, but the item starts at $200. It is Heritage's fiduciary 
duty to the seller to bid up to something just under the reserve. So Heritage 
might bid $390 to get the $400 bid from a buyer. When the $390 bid is the top 
bid, Heritage does state "still available at HA.com" indicating that the $390 
bid did not win the item, that it fell below reserve. 

as long as that's what's going on, it doesn't seem that anything nefarious is 
happening. 

Here is where it would step in negative territory: 
If Heritage were to continue bidding in order to drive up a price past the 
reserve, without the intention of buying it themselves, that would be a bad 
thing. I haven't seen or read anything that indicates this is so. Though to be 
fair, I have had friends tell me anecdotally that they feel this is the case, 
but they have not given me any examples to prove that claim. 

Also, Heritage does indeed sell material they own in all fields from posters to 
coins to comics and this may be a sticking point to some, however as long as 
they treat Heritage-owned merchandise just as any other consignor, they do not 
drive up prices beyond a reserve and they do not raise the reserve after 
introduction of the auction, well, they would not be doing anything wrong 


so please don't mis-characterize what I said 
If N.P. Gresham is acting improperly, that is a bad thing, but I might need 
more information before I can come to that conclusion and determine that 
Heritage was or was not acting improperly 

concerning whether or not a consignor has a realistic perception is immaterial 
to the debate because it has nothing to do with any of the allegations against 
Heritage. 

Rich 



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