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Court's help sought in case of stolen Renoir painting [The Baltimore Sun]

The complaint filed in U.S. District Court for the Eastern District of Virginia in Alexandria is essentially the first step in determining where the 1879 "Paysage Bords de Seine" will end up. Those seeking to acquire the painting include the Baltimore Museum of Art, from which "Paysage Bords de Seine" was stolen in November 1951; the Fireman's Fund Insurance Co.,...

By Mary Carole McCauley, The Baltimore Sun
McClatchy-Tribune Information Services

March 16--A federal court in Virginia was asked Friday to determine the proper ownership of a miniature landscape painted by Pierre-Auguste Renoir and purchased for $7 in a box of odds and ends in a rural flea market.

The complaint filed in U.S. District Court for the Eastern District of Virginia in Alexandria is essentially the first step in determining where the 1879 "Paysage Bords de Seine" will end up.

Such a document is frequently filed by a third party -- in this case, the U.S. government -- that is holding property whose ownership is in dispute. The complaint is asking U.S. District Judge Leonie M. Brinkema to decide whether the small landscape, painted on a linen napkin by the French Impressionist master, belongs to one of six potential claimants.

Those seeking to acquire the painting include the Baltimore Museum of Art, from which "Paysage Bords de Seine" was stolen in November 1951; the Fireman's Fund Insurance Co., which paid out a $2,500 claim on the theft; and Marcia M. Fuqua, 51, of Lovettsville, Va., who said she picked up the unsigned painting in 2009 without knowing its true value.

Other parties include the Potomack Co., which signed a contract to auction off the artwork before learning that it had been stolen; the heirs of Herbert L. May, who purchased the painting in the mid-1920s during a trip to France; and Amalie Adler Ascher, 85, of Towson, the great-niece of philanthropist Saidie L. May, who was divorced from May and bequeathed the painting to the Baltimore museum upon her death in 1951.

Ascher, however, said Friday that she was not interested in pursuing ownership.

"I only got the things that the museum didn't want, and they want this painting," she says. "As far as I'm concerned, it's a closed chapter."

Fuqua, who had previously been identified only as "Renoir Girl," could not be reached Friday afternoon, but her attorney, Justin L. Watson, declined to comment while litigation is pending.

For her part, Baltimore Museum of Art director Doreen Bolger is pleased that the matter seems to be moving toward a final determination of ownership.

"This is a fascinating and riveting story, but it's for the courts to decide," Bolger says. "I'm sure that, like me, everyone is looking forward to having this resolved."

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It's entirely possible, however, that answers won't come quickly. Supporting documents filed with the claim indicate that the ownership question might be even murkier than was previously believed.

Since Fireman's Fund paid out a $2,500 claim to the Baltimore museum on March 13, 1952, it could be argued that the Missouri-based insurance giant is the legal owner of "Paysage Bords de Seine."

But because insurance companies aren't in the business of owning works of art, most policies issued to museums include a provision for the recovery of stolen paintings, sculptures and ceramics. These clauses generally stipulate the price that the most recent owner -- the Baltimore Museum -- can pay an insurer if a stolen artwork is subsequently uncovered.

Unfortunately, those 61-year-old records can't be located. The insurance company has records of 27 policies that it issued to the Baltimore Museum of Art, but none dating to earlier than 1971.

"A copy of the museum's insurance policy cannot be found," the complaint says, "and it is unknown if a provision for the recovery of stolen art was included in said policy."

Adding to the intrigue is that the Renoir was recently appraised as having a fair-market value of just $22,000, or far less than the $75,000 to $100,000 that auction house owners initially estimated the artwork would fetch.

In his appraisal dated Nov. 12, 2012, Ted Cooper, director of Washington's Adams Davidson Galleries, noted that the painting, just 5{ inches tall and 9 inches wide, "appears soiled and in need of cleaning."

His examination lends credence to a story that the view of the river Seine was dashed off on the spot by the artist for his mistress.

"The quick and loose brush strokes painted without definition or resolution give weight to this theory," he says. "Artists often produced these 'souvenirs' of a specific time and place with ready materials at hand."

But Cooper also quotes art expert Michel Strauss as saying that "there is a distinct lack of enthusiasm for paintings by Renoir, now considered a more old-fashioned taste."

This is particularly true, the appraiser writes, for paintings marred by the "cloud of uncertainty" stemming from the 1951 theft.

Until these matters can be cleared up, Cooper concludes, "the value of this painting is negatively impacted."

But one woman wants the painting whether it's valued at $22,000 or $100,000 -- Fuqua, who found it in 2009 in the Harpers Ferry, W.Va., flea market.

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In a seven-page attachment filed with the complaint, the Baltimore-born Fuqua writes:

"I am not an art historian, collector, appraiser or dealer. ... For two years, I stored the Renoir painting in a white garbage bag which I kept in various places in my house, my garage and my car. I consulted the Potomack Company only after prodding by my mother."

In an interview before the theft was discovered, Fuqua talked about her own financial struggles and what a discovery of that magnitude would mean to her, saying that she had only recently regained financial stability after a two-year bout with joblessness.

"I've got my feet back on the ground now," she said at the time. "But a few years ago, I lost my job. I was down there standing in line for food stamps and to collect unemployment."

Fuqua seems to have bounced around the employment market for several years, trying first this career and that in an effort to make ends meet. Fuqua taught at Washington'sAnacostia Senior High School before being laid off in 2009, according to a June 27, 2010, article in The Washington Post.

Three days after she was laid off, Fuqua filed for Chapter 7 (or liquidation) bankruptcy in U.S. District Court for the Eastern District of Virginia, citing assets of $312,085 and debts of $401,560, according to court records.

Some of her financial problems may have stemmed from the failure of a driving school she ran, according to the bankruptcy documents.

Seven months after filing for bankruptcy, Fuqua found a job as a card dealer at a West Virginia casino, according to The Post's 2010 article. It recounted her months of practice to master gambling techniques as well as her pre-opening day jitters.

"My knees are going to be knocking. My hands are probably going to be shaking, and my mouth is going to be dry," she told The Post. "It's a good nervous; it's not a bad nervous. I'm ready."

After her flea market find was authenticated and before it was learned that the painting had been stolen 61 years before, Fuqua was interviewed by newspapers and radio stations worldwide. She seemed stunned by her good fortune, if a bit incredulous.

"I don't usually have this kind of luck," she said.

Baltimore Sun reporter Tim Smith contributed to this article.

mary.mccauley@baltsun.com

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(c)2013 The Baltimore Sun

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Distributed by MCT Information Services

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