Sean,

While I have no obligation to vet myself with you, just for the heck of it I will say this: I've collected movie posters since the 1960's. I've given up counting them, but I have hundreds from all times and genres. I have bought at auctions and from retail dealers. I obviously don't buy as much these days because I already have much of what I want. Just as obviously, since I've been collecting for over 40 years now, I'm one of those who thinks way too many posters are absurdly over-priced these days, but I recognize that there must be significant price appreciation over 40 years.

As for auction operations, since I was the one who originally created www.MoviePosterBid.com from scratch over 4 years ago as an "ebay alternative" when everyone else was still pretty satisfied with Ebay as a venue, I have intimate knowledge of the mechanics of auctions.

Regarding Heritage operations specifically: Since bidders in Heritage auctions almost always pay significantly more for *any* poster than you can get the same poster for elsewhere, I have not bid on Heritage auctions for many years now. I don't like to spend more than I have to for something. But since Heritage is the Big Gun and the operation that sets the "high end price" for any poster, I have always kept an eye on their auctions and I have watched some of their live auction closings on the internet.

Regarding Heritage and hidden reserves: In fact, they do still use them on signature auctions when the items are first put up on the internet, but apparently now they make those reserves public a few days before the live auction starts. I missed that bit since I do not actually bid at Heritage any more. In clarifying that aspect, John Petty of Heritage also said "items in the Weekly auctions are typically offered without reserve" -- which I find a confusing statement. Either they have reserves on weekly auctions or they don't.

As for shill bidding, as I just replied to John, there seems to be a glaring contradiction in the comforting statements Heritage employees are making on this list compared to what both the President and the CEO of Heritage have been quoted as saying in the press regards the N.P. Gresham identity. And I, for one, can't help but think that if they set up one false identity that was used *by the house*, not by individual employees purchasing for themselves, then they probably didn't stop at one false identity. But we do, of course, have to wait for the results of the lawsuit before we know. If we ever do. If the lawsuit is settled with non-disclosure agreements signed all around, we will never know the truth. What I have been saying so far is simply my reaction to what I have seen both the President and the CEO of Heritage being quoted as saying in the press and what they are on record as having said about that identity in court. For me, those statements have been very disturbing.

While it may be technically legal for "the house" to win their own auction in competitive bidding with everyone else, it is not a fair situation for reasons I have already spoken of -- and the fact that it is good for business and good for the people who have consigned items to Heritage is immaterial to the fairness issue as far as I'm concerned. No bidder should have an unfair advantage during competitive bidding. Even if somehow "the house" does not abuse its insider knowledge of the identities, previous purchasing habits and maximum bids which the other bidders have on file, "the house" still has a built in advantage in the form of a 19% discount compared to all other bidders because it will use house money to pay the buyer's premium back to the house, effectively winning the item for 19% less than any other bidder would have to pay for it. I notice that no one has disputed this or even commented on it much.

Obviously I am not talking about someone who is simply an employee of Heritage who bids on one of the live auctions for his own collection and has to pay for any wins out of his own pocket, including the full buyer's premium. Unless, of course, that person by the very fact that he is an employee of Heritage has some other insider advantage, which is something I have no way of knowing. In general it is bad company policy to let employees bid on company auctions, but I can certainly understand why some Heritage employees would want to and why they are allowed to. I would have a very hard time working there and not being allowed to play myself.

It is "house bidding" that I have a problem with. They should just start the auction from day one with whatever the client has set as the "reserve" being the minimum starting bid and let the chips fall where they may. Everyone says this is what happens once the live auction starts anyway, so why not just do it that way from day one and eliminate the need for "the house" to do anything but run the auction and keep it out of the bidding process completely?

-- JR

Sean Linkenback wrote:
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" <jrl...@mediabearonline.com>
To: MoPo-L@LISTSERV.AMERICAN.EDU
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:mop...@listserv.american.edu] *On Behalf
    Of *Jeff Potokar
    **


    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

    ------------------------------------------------------------------------


        -----Original Message-----
        *From:* MoPo List [mailto:mop...@listserv.american.edu] *On
        Behalf Of *Bruce Hershenson
        *Sent:* Wednesday, September 16, 2009 10:34 AM
        *To:* MoPo-L@LISTSERV.AMERICAN.EDU
        <mailto:MoPo-L@LISTSERV.AMERICAN.EDU>
        *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 <brucehershen...@gmail.com
        <mailto:brucehershen...@gmail.com>> 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
        <sa...@comic-art.com <mailto:sa...@comic-art.com>> wrote:

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



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