Philatino arbitrage on the dispute between Steven Fransen and Estudio 20 S.A.

Denounce against Rodolfo Kneitschel

Philatino arbitrage on the dispute
between Steven Fransen and Estudio 20 S.A.

In presence of three out of four members and the legal advisor and with the absence of the fourth member of the board who voluntarily rejected to participate considering unethical to judge on facts in conflict with is own interests, and upon a complete reading of both sides arguing and a free discussion, Philatino considers:

  1. The non authenticity of the objected items is not properly established, not even the counterpart is not objecting this particular, we found that xeroxes can easily be altered and those signing experts are not those on the list Estudio 20 posted in his conditions of sale that would be accepted by him as valid.

  2. The accusation of fraudulent behaviour is not demonstrated, and thus must be withdrawn, so far we found no basis or proof that Estudio 20 was aware of the non authenticity of the said objects before he posted same.

  3. Estudio 20 should have stated in descriptions the words "as is" to accomplish in full with Philatino rules, which he didn't, and thus, posted those two items in infraction.

  4. Estudio 20 saved his further responsibility warning by (both parties admitted) email to Mr. Fransen that he took no responsibility in regard to the authenticity and, subsequently he couldn't have compromise to pay vendors for an amount he didn't build.

  5. Mr Fransen kept bidding and rising the price at his own decision and risk, and properly warned by Estudio 20 about this particular.

  6. Estudio 20 has to understand that not even Mr Franzen is guilty for his loss, it result  inappropriate that cleverness of consignors could bring such huge earning with no basis or sustent.

  7. Mr Fransen has to understand that Estudio 20 did not act such wrong to have to pay consignors and also refund buyer for his irreflexive bidding.

For all those considerations Philatino arbitrates:

  1. Estudio 20 must refund Mr. Fransen both starting prices in full, and, if claim that controverted stamps are not forgeries and pretend reliable certificates, if those result negatives must also pay all expenses (previous and future) plus all mailing expenses and a 1,2% monthly interest for the total amount owed.

  2. Mr. Fransen can't request to Estudio 20 any refund for the final princes he promoted but may transfer claims to consignors at his own convenience.

  3. Estudio 20 has to negotiate with consignors a reasonable refund on behalf of Mr Fransen, and, if successless, must quit dealing with this consignor, return all consigned goods and inform this board to shut all Philatino dealers doors for their goods. Also Philatino will inform to the trade of their objectable behaviour.

  4. This arbitrage has to be posted at Philatino "safeguard" page in its entirety.

Approved and signed in unanimity, at Buenos Aires, 17.00 pm, 08/14/2008.

For complete information of both parties allegation please request a copy to: philatino@velocom.com.ar


Community Safeguard

We enclose herewith a denounce from the local Argentine expert comitee in regard to frauds found in the local market recently (and in a few cases at European auctions as well). The price climbing of post classic covers from Argentina promoted the appetite of forgerers and non trusty stamp operators in a wide scale.

The case we are posting herewith is one of many more identified in the last six months.

The major danger here happens to be that a renowned local expert is also signing several of such forgeries as the ones exposed herein (hopefully in good faith, though it's hard to believe).

sentencia1.JPG (2479674 bytes)

certestudiocompleteclaro1.jpg (321302 bytes)

carta1color.JPG (51585 bytes)

carta1bcolor.jpg (139664 bytes)

certkneitschel1.JPG (57358 bytes)

certkneitschel1b.jpg (132338 bytes)

sentencia2.JPG (118153 bytes)

certestudiocompleteclaro2.jpg (294062 bytes)

carta2color.JPG (42824 bytes)

carta2bcolor.JPG (31151 bytes)

certkneitschela.JPG (57418 bytes)

certkneitschelb.JPG (48007 bytes)

sentencia3.JPG (136461 bytes)

certestudiocompleteclaro3.jpg (298789 bytes)

carta3color.JPG (41386 bytes)

carta3bcolor.JPG (24311 bytes)

certkneitschel.JPG (67772 bytes)

certkneitschelb.JPG (48970 bytes)