Subject:  Response Dated: Monday, June 24th, 2002
Date:  Mon, 24 Jun 2002 23:47:47 -0400
From:  "Evan Carter" <>
To:  <[email protected]>

Dear Ms. Zubriski:

All I asked from you was for a fair "public hearing in an opened forum", and that "public forum" being presented here on the pages of ArtSpace2000 and that Ms. Zubriski, you have stayed true to your word and given that to me. For that, I thank you.

We have sent Ms. Gardner's painting, "Renewing the Spirit" to her via DHL and I have provided the tracking number to you and as I am certain you and your readers will continue to track the shipment, I will personally track the shipment until it reaches its final destination. As Ms. Gardner is aware and as I wrote to Ms. Gardner, the shipment was sent "pre-paid", however because it is considered a ""re-export", she could be charged duty and taxes on the shipment which I will be happy to pay. If you will personally let me know if she does in fact have to pay, I will make the payment and provide you with follow-up information.

As for Mr. Chaldakov's work, I am still having conversations with Agent Dale Brigante about the tracking of his works a least twice a week and you are of course welcomed to speak with her regarding the accuracy of this statement. According to a "alternate reference tracking search" conducted, Mr. Chaldakov's prints were signed for an received on April 28th, 2002. However, we have no way of actually confirming that it was actually he (1) signed for them or (2) physically received the prints.

Regarding the issue of us being "unhappy" with Mr. Chaldakov or his works, an e-mail has been forwarded to you which was sent to him which will clearly illustrate that we were not "unhappy" with him because to be honest with you Ms. Zubriski, we don't really know Mr. Chaldakov that well. I believe you and your readers will find that under the circumstances, the letter was both clear and at the same time in line with professional protocol and gracious. What we did say to him was that the quality of the work sent to us was not up to the standards we are accustomed to and that our agreement with him was for "original photography works" and not prints. At the time Ms. Zubriski, we ourselves were not aware that Mr. Chaldakov had other such agreements with other galleries and outlets in the United States, regardless to whether they were "brick and mortar" venues or simply online e-commerce venues.

Mr. McKenna's twelve original artworks will be returned (shipped) to him on Thursday, June 27th, 2002. Mr. McKenna did offer to pay to have his works returned, however he does not have any accounts with international couriers as per an e-mail I have had forwarded to you from his own hand. We have spoken with the shippers that we do business with: Federal Express, UPS and DHL, and none of them will ship to him on a "bill recipient status" or "collect". 

Mr. McKenna sent his work to us in "good faith" and as per our agreement with him, we paid $786.49 for it to be shipped. He is entitled to have his work back and since he sent it to us in "good faith", we will return it to him as I mentioned above in good faith.  Because this is now an issue much in the public eye and I must honestly admit, even though you and I have our differences and battles, I have never known you NOT to work in the best interest of the artists you either represent or do business with. 

It is for this reason Ms. Zubriski that once Mr. McKenna's works are crated and ready for shipment on the Thursday, June 27th, I will notify both you and Mr. McKenna and provide you and he with the appropriate Airbill Numbers and tracking information. Under separate cover, I will send you a list of the works we will be shipping to Mr. McKenna and make certain that they will be insured for the full value of their worth as was agreed upon between Mr. McKenna and myself. 

There are additional issues which must also be addressed with Mr. McKenna and under separate cover, I will forward to you our plans to resolve those issues as well.

I believe if you contact Ms. Nadia Mierau at, although she was not listed on your pages, I believe she will advise you that the twenty-one originals and prints we had of hers, Osepa and Tanya Lebedeva were all safely returned. She paid for hers and the artist, Osepa and we pre-paid for the shipping of Ms. Lebedeva's prints.

We never did have any works in our possession Mr. Sal Contreras or Ms. Sharon Sheley, and it is my understanding that Ms. Genicot has received only half of her works from Dr. Margret Parra, or nine of ten of her prints and none from us. 

I will not ask you Ms. Zubriski that you take my word for it, but I will work towards a resolution in either (1) recovering Ms. Genicot's prints with you and Agent Dale Brigante, or (2) collectively with your agreement, work out a reasonable amount to compensate Ms. Genicot for prints she says she has not received. I will add and say in this public forum in regards to Ms. Genicot, through good times and bad, I have never known Ms. Genicot to lie.

I did say in an earlier e-mail Ms. Zubriski that I would discontinue communications, but because you have stayed true to your commitment and allowed me to publicly resolve these issues, and if you are in agreement, I will continue to communicate with you and the artists that you represent until each artists works and issues have been resolved. That is all I can do and I hope you will give my offer some consideration.

Regards,

e v a n w a l l c a r t e r

THE EVANS GROUP OF GALLERIES

e-mail: [email protected]
Telephone: 305�532�0740
Facsimile: 305�673�0051

RESPONSE

We have been in contact with the shipping company DHL who told us the shipment for Tracy Gardner missed its connecting flight from seattle to Canada  and was held in Seattle until Monday, and should be in Edmonton Alberta         ( Tracy's home town by Tues or Wenesday ) We will keep you posted on further developments

Re; Mr Mckenna.... Am I to take it from what you stated that you will look after the shipping of these paintings and we will have a tracking number sometime Thursday? As to the other matters we are aware of these and ask that you deal as quickly as possible with this as you did with with Ms Sheley

Mr Carter has stated that he never did have any works that belonged to Ms.Sharon Shelley and  Mr. Sal Contreras this is true. They entered the Art exhibition that Mr. Carter had. Their complaint with this man is of a different matter.

Mr Carter regarding Ms Genicot are you saying that her work is with Dr. Margret Parra, If this is so may we please have the email of Dr. Margret Parra, so we may contact her and get this matter of the missing paintings resolved as quickly as possible.

As to Ms. Nadia Mierau I have not as of yet contacted her but hope to do so today. ( Nadia's answer )

Re Mr. Chaldakov... are you saying that you returned the works to this gentleman. I am sorry but your email is not clear. It appears to me that you are saying you returned his work to him and he signed for it. If this is so, then perhaps you could send us the tracking information so we could follow up with this and see for ourselves what the state of his photos are.

Artspace2000 is not trying to hang you Mr Carter we just want the people to receive their work back and to let all the artists to be able to put this behind them and get on with their real work of painting and photography. We thank you at this time for what seems to be your cooperation in getting these matters settled as quickly as possible.

Sincerely Pat