PORN shop owner Con Ange is among 85 people allegedly defrauded in Australia's largest art scam.
Mr Ange and his wife Mimi head the list in court documents of those seeking the return of money or paintings from an artworks investment scheme set up by Sydney fine arts dealer Ron Coles.
Police had seized 404 paintings from the scheme following its $23 million collapse.
According to fraud squad police, Mr Ange is seeking more than $800,000 he and his wife lent to Mr Coles or invested in paintings which may or may not exist.
Mr Ange's involvement in the failed arts investment scheme was revealed last week in civil proceedings in the Equity Division of the NSW Supreme Court, when officers from Strike Force Glasson investigating Mr Coles's dealings advised the court that they were returning 100 paintings to 34 of 119 people disputing ownership of the paintings seized.
It is alleged that investors bought a painting thinking they were the sole investor in the work but the painting was also sold to other unsuspecting investors, in a scheme that gave a tax benefit to the investor as a form of superannuation if the painting remained in a gallery and not at their home or business.
Police also told the brief hearing that the other 85 people would have to resolve ownership of the remaining 304 paintings still in the possession of receivers through mediation or future court proceedings. Those seeking the return of their paintings or money were told by police they would also have to pay to have their paintings authenticated.
Forensic analysis by Melbourne University art experts had determined that some of the paintings seized were fakes.
The paintings found to be fake included three allegedly by d'Arcy Doyle as well as works said to be by Pro Hart and David Boyd. Police have also been told by the son of the late Pro Hart that other paintings in the seized collection attributed to his father were forgeries.
However, police said no charges relating to the sale of a forged painting could be laid as a fake work was not considered a "false instrument".
Charges can be laid only if it can be proved that, at the time of the sale, the vendor knew the work to be a fake.
The dispute over the ownership of the remaining 304 artworks brought to court by the other 85 investors has been relisted for hearing in the Supreme Court on March 16.
Meanwhile, Fraud Squad police are continuing investigations into the collapse of the Coles art dealership and where the $23 million in allegedly invested funds ended up.
Frequently Asked Questions about this Article…
What happened in the alleged Ron Coles artworks investment scam?
Authorities say Sydney fine arts dealer Ron Coles ran an artworks investment scheme that collapsed with about $23 million allegedly invested. Police seized 404 paintings and investigators from Strike Force Glasson are probing where the funds went. Civil proceedings and criminal investigations are ongoing.
Who are the people claiming losses in the art investment dispute?
Court documents list 85 people allegedly defrauded, including Con Ange and his wife Mimi, who are reportedly seeking more than $800,000 they lent or invested. A larger group of claimants (119 people) were disputing ownership of seized paintings in the Supreme Court action.
How many paintings were seized and what is happening to them?
Police seized 404 paintings. They said they were returning 100 paintings to 34 of the 119 people who disputed ownership. The remaining 304 paintings are with receivers and ownership disputes will be resolved by mediation or future court proceedings.
Can investors get their paintings back and will there be extra costs?
Some paintings are being returned, but police told claimants they will have to pay to have their paintings authenticated. Many investors will need to take part in mediation or court to resolve ownership of the remaining works.
Were any of the seized artworks found to be fakes or forgeries?
Forensic analysis by Melbourne University art experts determined some seized paintings were fakes. Works allegedly by d’Arcy Doyle, Pro Hart and David Boyd were among those identified, and the son of the late Pro Hart told police other paintings attributed to his father were forgeries.
Why haven’t charges been laid over forged paintings?
Police said charges for selling a forged painting can be laid only if it can be proved the vendor knew the work was fake at the time of sale. A fake painting itself was not considered a 'false instrument' under the relevant rules, so knowledge at sale is key to criminal charges.
What legal steps are planned for resolving ownership disputes in this art scam?
Police indicated claimants will need to resolve ownership of the remaining 304 works through mediation or court. The dispute involving the 85 investors was relisted for hearing in the NSW Supreme Court on March 16.
What should everyday investors learn from the Coles art investment collapse?
This case highlights risks in artworks-as-investments: verify ownership and authenticity, understand tax or superannuation arrangements being offered, be cautious of deals that sell the same work to multiple buyers, and expect extra costs (like authentication) and legal hurdles if a scheme collapses.