I guess I just come at this from a different perspective, having never
been in court or been sued or been arrested. I would not pay someone
for something I did not do, but I guess that is just me.

On the other hand, if Geraldine is simply lying, WHY is she doing so?
What is she gaining by this? This seems like "Mr. Smith Goes to
Washigton", with the entire "machine" lined up against her. Too bad
this isn't a movie. It sounds like she will have to give up and take
her losses (if indeed she had any). You can't fight the "machine".

Bruce

On 6/5/12, Richard Halegua Posters + Comic Art <sa...@comic-art.com> wrote:
> that does make a difference in calculation, but
> to be fair.. most trackable sales go as low as 2k
> and sometimes less depending on who's selling
>
>
>
> At 12:42 PM 6/5/2012, Richard C Evans wrote:
>>Think Geraldine's been referring to the Van
>>Hammersveld Get Carter, which gets over 3k.
>>
>>Sent from my iPhone
>>
>>On 5 Jun 2012, at 19:34, Richard Halegua Posters
>>+ Comic Art <<mailto:sa...@comic-art.com>sa...@comic-art.com> wrote:
>>
>>>Bruce.. I don't know that the two posters she's
>>>talking about are worth $1000 combined.
>>>
>>>Heritage could just be looking to defuse the
>>>situation and they do after all at least get to
>>>reduce a tax implication with a tax-deductable donation
>>>
>>>
>>>
>>>At 11:30 AM 6/5/2012, Bruce Hershenson wrote:
>>>>But why are they offering to donate thousands
>>>>of dollars to charity if they did nothing wrong?
>>>>
>>>>On Tue, Jun 5, 2012 at 1:05 PM, Kirby McDaniel
>>>><<mailto:ki...@movieart.net>ki...@movieart.net> wrote:
>>>>I don't think I could improve upon what Rich
>>>>has posted here.  It is, at best, an unfortunate situation
>>>>for all concerned.  But I don't think anything
>>>>helpful is further served by just beating this very expired
>>>>horse.
>>>>Perhaps I could post a one sheet for LEGEND OF THE LOST?
>>>>Kirby
>>>>
>>>>Kirby McDaniel
>>>>MovieArt Original Film Posters
>>>>P.O. Box 4419
>>>>Austin TX 78765-4419
>>>><tel:512%20479%206680>512 479
>>>>6680  <http://www.movieart.net>www.movieart.net
>>>>mobile <tel:512%20589%205112>512 589 5112
>>>>On Jun 5, 2012, at 12:57 PM, Richard Halegua Posters + Comic Art wrote:
>>>>
>>>>>Like Bruce, I keep any consignments segregated from all other stock.
>>>>>I do this because in my huge warehouse, it is
>>>>>too easy to mix material otherwise.
>>>>>I also do not give an inventory of material
>>>>>received, as it would be impossible for me to
>>>>>give up the time needed to do so. I simply
>>>>>include a sheet of sold items with any
>>>>>payments and I sell all of any consignment
>>>>>within one auction for simplification
>>>>>However, nearly every consignment I have ever
>>>>>received came with an inventory, and it matches my sales sheets.
>>>>>Ergo, there are no complaints
>>>>>Concerning any such complaints, like the one Geraldine has with
>>>>> Heritage:
>>>>>the facts are that Geraldine says she sent
>>>>>some things, but she never included an inventory
>>>>>Heritage says they did not get them
>>>>>this is a classic case of "she said, he said"
>>>>>and if Geraldine were to sue Heritage (and
>>>>>attorney Sean will say for sure), her case
>>>>>would be thrown out because she has no kind
>>>>>of proof at all of posters she sent to anyone
>>>>>and Heritage says they didn't get such posters in her consignment.
>>>>>I can imagine that people get confused all
>>>>>the time, and confusion at times leads to false claims
>>>>>I'm not saying Geraldine is or is not making
>>>>>such claims, as I have no way of knowing for certain one way or the
>>>>> other.
>>>>>however, Geraldine is clearly attempting to
>>>>>damage Rudy & Heritage in some fashion by her
>>>>>continuing accusations, and while her claims
>>>>>of consignments being lost is not "provable",
>>>>>there can be no doubt that if Rudy & Heritage
>>>>>wanted to sue Geraldine for libelous claims,
>>>>>they would have a much more viable claim than Geraldine has of lost
>>>>> posters
>>>>>Rich
>>>>>
>>>>>
>>>>>At 10:15 AM 6/5/2012, Bruce Hershenson wrote:
>>>>>>That is why I tell our consignors that an
>>>>>>inventory is for THEIR benefit and not ours.
>>>>>>We actually DO keep all consignors' items
>>>>>>carefully segregated until they are marked
>>>>>>in three different ways, so that we have a
>>>>>>triple-check system that results in our not
>>>>>>losing items. We HAVE had a small number of
>>>>>>minor items misplaced over the years, and we
>>>>>>have paid those people for those few items
>>>>>>(and when they were later located, as they
>>>>>>always are, we have offered to let the owner
>>>>>>give the money back and have the items, or we auction them as our
>>>>>> consignment).
>>>>>>
>>>>>>I still insist that if this were true, there
>>>>>>would be at least several others with the
>>>>>>same complaint, and others with legal
>>>>>>actions pending. It makes no sense to be a
>>>>>>one-time occurrence, unless there was an
>>>>>>employee stealing, but then they would
>>>>>>continue, unless they were discovered and fired.
>>>>>>Bruce
>>>>>>On Tue, Jun 5, 2012 at 11:28 AM, Dale Dilts
>>>>>><<mailto:ddilts...@mchsi.com>ddilts...@mchsi.com> wrote:
>>>>>>I must be missing exactly how taking an
>>>>>>inventory before sending would actually help?
>>>>>>
>>>>>>I could write up a nice long list of stuff,
>>>>>>only send half of it, and then claim they
>>>>>>lost it, how much sense does that make and
>>>>>>in court who exactly is going to win that battle.
>>>>>>
>>>>>>Making a list and taking pictures might make
>>>>>>you feel real safe, but sending no list at
>>>>>>all covers you just the same. Yes it would
>>>>>>allow you to reconcile your list against a
>>>>>>sales list, but other than that, pretty
>>>>>>worthless as there is no proof what actually
>>>>>>ever enters the mail stream or once opened what is done with it.
>>>>>>
>>>>>>If you are going to consign anything, you
>>>>>>simply take the risk of your property
>>>>>>leaving your hands with potentially no
>>>>>>return. Like it or not, trust is still a
>>>>>>must in any business that is not done person to person.
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>From: MoPo List [
>>>>>>mailto:mopo-l@LISTSERV.AMERICAN.EDU] On Behalf Of Carlos Duenas
>>>>>>Sent: Tuesday, June 05, 2012 10:55 AM
>>>>>>To: <mailto:MoPo-L@LISTSERV.AMERICAN.EDU>MoPo-L@LISTSERV.AMERICAN.EDU
>>>>>>Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory
>>>>>>
>>>>>>
>>>>>>Hi all,
>>>>>>
>>>>>>I guess it would be sad to agree that "trust
>>>>>>no one" is the best rule. I have send
>>>>>>posters to Christies in London and took the
>>>>>>time to make an inventory (because there
>>>>>>were only a few items they wanted, they only
>>>>>>took posters worth over US$250). Even
>>>>>>sending the inventory which was very small
>>>>>>they didn´t send the inventory of what they
>>>>>>received and misplaced one of my posters
>>>>>>which they found after I complained because
>>>>>>they did not add it to their following
>>>>>>auction. On the other hand, I have sent
>>>>>>hundreds of posters and lobby cards to Bruce
>>>>>>Hershenson, I asked if I needed  to send an
>>>>>>inventory; they said no, I trusted them and
>>>>>>so far they haven´t misplaced anything (and
>>>>>>not making inventories has saved me many
>>>>>>hours of work). To be frank I don´t have
>>>>>>the memory to know if everything I had sent
>>>>>>to them has been auction or is being held
>>>>>>for a later auction, but I trust them and if
>>>>>>there were item that were special (valuable)
>>>>>>I would remember them the same way Geraldine
>>>>>>remembers her good posters that are missing.
>>>>>>
>>>>>>Just to add more salt to this e-mail I would
>>>>>>like to share an experience that I find
>>>>>>funny: the same poster I sent to Christies
>>>>>>in London, a 1964 NM My Fair Lady(which sold
>>>>>>for about US$800), I offered to Christies in
>>>>>>NY and they said they didn´t want it
>>>>>>because of its low value, nevertheless, a
>>>>>>few days later a man from that auction wrote
>>>>>>to me saying that he would buy the poster
>>>>>>from me if I wanted. I also offer that same
>>>>>>poster to Heritage a few years ago and they
>>>>>>said the poster wasn´t good enough for their auction.
>>>>>>
>>>>>>I very much appreciate Geraldine sharing
>>>>>>with everyone what happened to her, it think
>>>>>>is fantastic and cheap learning from others´ experiences.
>>>>>>
>>>>>>Mainly for ethical reasons I think auctions
>>>>>>should have standard procedure to treat all
>>>>>>customers in the same careful and respectful
>>>>>>manner no matter their age or origin or if
>>>>>>they are dealers or collector but also for
>>>>>>their reputation because there are groups of
>>>>>>people like us (mopoers) that would share
>>>>>>the good and the bad for the benefit of all.
>>>>>>
>>>>>>Best,
>>>>>>
>>>>>>Carlos
>>>>>>
>>>>>>From: "Walton, Jeffrey"
>>>>>><<mailto:jeffrey.wal...@fisglobal.com> jeffrey.wal...@fisglobal.com>
>>>>>>To: <mailto:MoPo-L@LISTSERV.AMERICAN.EDU>MoPo-L@LISTSERV.AMERICAN.EDU
>>>>>>Sent: Monday, June 4, 2012 12:51 PM
>>>>>>Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory
>>>>>>
>>>>>>I concur wholeheartedly….you just can’t
>>>>>>ship a buncch of posters and claim foul when
>>>>>>no inventory on your part was done no matter
>>>>>>if you trust that identity or not.  When
>>>>>>shipping a bunch of poster I always make an
>>>>>>inventory and send along a copy of the
>>>>>>inventory as well.  So when Grey or Bruce
>>>>>>compares the list and there is a discrepancy
>>>>>>there is at least a record.  What would have
>>>>>>happened if the parcel was lost in the mail,
>>>>>>then try to stake a claim with the insurance?
>>>>>>
>>>>>>The X-files said it best – ‘Trust no one.†<
>>>>>>
>>>>>>
>>>>>>
>>>>>>From: MoPo List
>>>>>><mailto:mopo-l@LISTSERV.AMERICAN.EDU>[
>>>>>><mailto:mopo-l@LISTSERV.AMERICAN.EDU>mailto:mopo-l@LISTSERV.AMERICAN.EDU
>>>>>>
>>>>>><mailto:mopo-l@LISTSERV.AMERICAN.EDU>] On
>>>>>>Behalf Of Richard Halegua Posters + Comic Art
>>>>>>Sent: Monday, June 04, 2012 3:31 PM
>>>>>>To: <mailto:MoPo-L@LISTSERV.AMERICAN.EDU>MoPo-L@LISTSERV.AMERICAN.EDU
>>>>>>Subject: Re: [MOPO] Rudy Franchi, Heritage, no Inventory
>>>>>>
>>>>>>Geraldine
>>>>>>reading your posts as a outsider makes me
>>>>>>wonder about some of the things you mention in your emails.
>>>>>>Are you trying to get a resolution, or are
>>>>>>you just trying to disparage Rudy Franchi and Heritage?
>>>>>>Also, do you or do you not think that your
>>>>>>own actions are a partial contributor to your angst??
>>>>>>Don't get me wrong.. I'm not attempting to
>>>>>>disparage or attack you. I understand you
>>>>>>have a dispute, it was not to date settled
>>>>>>in your favor and that makes you angry.
>>>>>>But some thing that you wrote puzzles me.
>>>>>>Your own lack of an inventory specifically.
>>>>>>2 weeks ago, I consigned a large collection
>>>>>>of my own to Profiles in History for their
>>>>>>July auction. I have a book collection or
>>>>>>hardcover Photoplay editions in dust jackets
>>>>>>dating from 1913 to the 1940s with additional items up to the 1990s.
>>>>>>I have known Joe Maddalena for a reasonably
>>>>>>long time and we have done deals on both a
>>>>>>personal level and via his auction house.
>>>>>>However, regardless of my relationship with
>>>>>>Joe, when I consigned this collection to
>>>>>>them of 800 books and related items, there
>>>>>>is no way I would have let these items leave
>>>>>>my possession without an inventory.
>>>>>>For 2 weeks prior to them leaving my
>>>>>>warehouse, I photographed each and every
>>>>>>item in this collection. Yes it was done in
>>>>>>part so I could have file images of these
>>>>>>items for my image archive, but it was also
>>>>>>done so that in case of any disputes, I
>>>>>>could prove to Profiles what I gave them.
>>>>>>This is not for the protection of myself and
>>>>>>for the protection of Profiles. How could I
>>>>>>dispute any issues without having such an inventory in my hands??
>>>>>>Did I do this time consuming job for my own pleasure??
>>>>>>No Ma'am
>>>>>>I had plenty of other work to do, and such a
>>>>>>task only added to my weekly work schedule
>>>>>>right at a time when I was actually busier
>>>>>>than I had been in months, and anyone who
>>>>>>knows me knows that my work schedule is
>>>>>>always completely full and that I haven't
>>>>>>been having lots of playtime in my wonderful
>>>>>>city of Las Vegas. It actually left me with
>>>>>>just one day to get ready for Cinevent, and that one day wasn't nearly
>>>>>> enough.
>>>>>>Joe may be my good friend and I trust him
>>>>>>100%, but I do not leave it up to other
>>>>>>people to protect my own interests, as much
>>>>>>as I would like to when I don't have any
>>>>>>time. If I leave it up to someone else to
>>>>>>protect my interests, I really don't feel I
>>>>>>can blame the other party no matter how many
>>>>>>assurances I have that I can. Furthermore,
>>>>>>if such a situation were to land me in a
>>>>>>lawsuit attempting to claim some sort of
>>>>>>duress, what portion of such duress is my
>>>>>>own fault for not protecting myself??
>>>>>>I do remember the days when a handshake deal
>>>>>>was a bond, but I have also felt the
>>>>>>betrayal of a handshake deal not being
>>>>>>honored, making me wish I had done what was
>>>>>>necessary to protect myself before any
>>>>>>issues arose. Not completing such an action is no one's fault but my
>>>>>> own.
>>>>>>So the question becomes, "IF" your claims
>>>>>>are true, what responsibility do you think
>>>>>>you have in not having done what was
>>>>>>necessary to protect yourself? Do you think
>>>>>>this was a failure on your behalf, or do you
>>>>>>think that you have any responsibility at all?
>>>>>>If you were to sue Heritage, what proof
>>>>>>would you use to prove your case?
>>>>>>Admittedly, you made no inventory, Charlie
>>>>>>is 82 and you are also at an age where
>>>>>>things become less clear to the mind -
>>>>>>through no fault of your own.. It just
>>>>>>happens as people get older. It will happen to me as well probably.
>>>>>>I have thought at times that something is
>>>>>>missing and believed I had given it to
>>>>>>someone, only to later find said item in my
>>>>>>inventory, generally somewhere that it
>>>>>>doesn't belong, at which point I was forced
>>>>>>to apologize to that person who I thought screwed me.
>>>>>>You did not do what was necessary to protect
>>>>>>yourself, how can that be the fault of Heritage?
>>>>>>Rich
>>>>>>At 06:15 AM 6/4/2012, Geraldine Kudaka wrote:
>>>>>>Rudy, this list is not just for dealers.
>>>>>>There are a lot of people who lurk here who
>>>>>>are interested in movie posters. They are
>>>>>>not professional dealers in the business.
>>>>>>Some may be non-poster business people
>>>>>>interested in selling off collections
>>>>>>acquired from either a lifetime of working
>>>>>>in the industry, or inherited them from dad, who passed on.
>>>>>>This is also a public list which
>>>>>>non-subscribers go to for archived information on how to sell their
>>>>>> posters..
>>>>>>As a noted movie poster expert, these
>>>>>>uninformed sellers need to know that you
>>>>>>will encourage them to send their collections "post vite" to Heritage.
>>>>>>You will not tell them that they need to
>>>>>>protect themselves by doing a photographic
>>>>>>inventory and log of their posters before sending to Heritage.
>>>>>>You will not warn them that Heritage's
>>>>>>inventory process is suspect and their
>>>>>>software probably some home-user Access-like
>>>>>>database program. (Here, I'm referring to
>>>>>>security differences between programs like
>>>>>>Quicken and true business accounting
>>>>>>software which do not allow you to change entries without leaving a
>>>>>> trail.)
>>>>>>You will not tell them that heritage will
>>>>>>not return posters they do not sell.
>>>>>>
>>>>>>You will simply funnel them to Heritage  -- for your commission.
>>>>>>For this reason - among others - an esteemed
>>>>>>seller on this list posted a wish that you were dead...
>>>>>>Need I remind you I defended you? This was
>>>>>>before I sat down and went though our
>>>>>>Heritage file and discovered what was really
>>>>>>going on. This was before I went online and
>>>>>>found that Heritage has been accused by
>>>>>>others for stealing items submitted for consignment.
>>>>>>Last -- if you think you have spent "a huge
>>>>>>amount of time" on this issue, get real.
>>>>>>Suggesting we comply with Heritage's offer
>>>>>>of selling without commission fees is
>>>>>>certainly not an email that takes a lot of
>>>>>>time to write. After Grey threatened us with
>>>>>>legal action, we have spent far more money
>>>>>>on attorney's fees than you have... That's a
>>>>>>hard financial cost on top of the value of posters sent to Heritage.
>>>>>>
>>>>>>While I appreciate your suggestion we go
>>>>>>bankrupt "sueing everybody involved", I will decline your advice.
>>>>>>In the start, I said this list is not just
>>>>>>for dealers. My emails are for the lurking public, now and in the
>>>>>> future.
>>>>>>
>>>>>>From: rudy franchi <<mailto:r...@nostalgia.com>r...@nostalgia.com>
>>>>>>To: <mailto:MoPo-L@LISTSERV.AMERICAN.EDU>MoPo-L@LISTSERV.AMERICAN.EDU
>>>>>>Sent: Friday, June 1, 2012 10:41 AM
>>>>>>Subject: [MOPO] Reply To Geraldine
>>>>>>It seems that I can't post to MOPO without Geraldine popping out like
>>>>>>a cuckoo bird on a spring. This has gone beyond rational discussion.
>>>>>>I've spent a huge amount of time on this problem and Grey has
>>>>>>spent the equivalent of days in hour after hour of trying to reach a
>>>>>>satisfactory conclusion.  Perhaps Geraldine should just sue everyone
>>>>>>involved. After she loses, she can appeal it all the way to the
>>>>>>Supreme Court where it will go down in
>>>>>>judicial history as "When I've Got A
>>>>>>Hammer  vs. Everything's A Nail."  Meanwhile, I will continue to
>>>>>>occasionally post here and just put up with the tirades. On some of
>>>>>>the stock market discussion boards I visit, one can put a particularly
>>>>>>annoying person on "ignore" so that their posts won't show up in your
>>>>>>message box. Would that we could do that here.
>>>>>>         Visit the MoPo Mailing List Web
>>>>>> Site at <http://www.filmfan.com/>www.filmfan.com
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>>>>
>>>>--
>>>>Bruce Hershenson and the other 26 members of
>>>>the <http://eMoviePoster.com>eMoviePoster.com team
>>>>P.O. Box 874
>>>>West Plains, MO 65775
>>>>Phone: <tel:417-256-9616>417-256-9616 (hours:
>>>>Mon-Fri 9 to 5 except from 12 to 1 when we take lunch)
>>>><http://www.emovieposter.com/>our site
>>>><http://www.emovieposter.com/agallery/all.html>our auctions
>>>>
>>>>
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>>>--
>>>Bruce Hershenson and the other 26 members of
>>>the <http://eMoviePoster.com>eMoviePoster.com team
>>>P.O. Box 874
>>>West Plains, MO 65775
>>>Phone: 417-256-9616 (hours: Mon-Fri 9 to 5
>>>except from 12 to 1 when we take lunch)
>>><http://www.emovieposter.com/>our site
>>><http://www.emovieposter.com/agallery/all.html>our auctions
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>>>[]
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-- 
Bruce Hershenson and the other 26 members of the eMoviePoster.com team
P.O. Box 874
West Plains, MO 65775
Phone: 417-256-9616 (hours: Mon-Fri 9 to 5 except from 12 to 1 when we take
lunch)
our site <http://www.emovieposter.com/>
our auctions <http://www.emovieposter.com/agallery/all.html>

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