USA – FLORIDA Trends and Developments Contributed by: Diego R. Figueroa Rodríguez and Maria Ojeda, DLA Piper
forms like Instagram have become crucial marketing tools for galleries, auction houses and artists alike. Notable Legal Cases Many high-profile cases, some with direct ties to Flor - ida, illustrate the legal risks inherent in the art advisory and dealing ecosystem. US v Inigo Philbrick (S.D.N.Y. 2022) Inigo Philbrick, an art dealer with galleries located in London and Miami, Florida, orchestrated a substan - tial fraud scheme from 2016 to 2019. Philbrick made material misrepresentations to art collectors, inves - tors and lenders by selling artworks to multiple par - ties without their knowledge and pledging works as collateral for loans while failing to disclose third-party ownership interests. He was sentenced to 84 months in federal prison and ordered to forfeit over USD86 million, marking one of the most significant art-relat - ed fraud cases in US history. This case highlights the risks associated with intermediaries operating in the art market without adequate transparency or account - ability and illustrates how insufficient regulatory over - sight can facilitate large-scale fraudulent activities. US v Leslie Roberts (S.D. Fla. 2025) Leslie Roberts, proprietor of Miami Fine Art Gallery in Coconut Grove, was indicted in April 2025 on charg - es of wire fraud conspiracy and money laundering, stemming from allegations involving the sale of forged Andy Warhol paintings accompanied by fraudulent invoices and counterfeit authentication documents. The Perlman family, collectors based in Florida, con - tend that Roberts sold them approximately USD6 mil - lion in counterfeit artwork and arranged for individuals masquerading as representatives of the Phillips auc - tion house to perform a deceptive re-authentication process. Roberts faces a maximum sentence of 30 years’ imprisonment. This case underscores the risks collectors assume when depending solely on dealer representations without independent professional verification. Guggenheim v Asher/Asher v Guggenheim (N.Y. Sup. Ct. 2024–2025) In a high-profile dispute shaking the art advisory industry, Barbara Guggenheim and her longtime partner Abigail Asher have filed competing lawsuits
against each other in New York. Guggenheim accuses Asher of misappropriating over USD20 million from their joint business, Guggenheim Asher Associates. In response, Asher alleges that Guggenheim engaged in unethical conduct, including undisclosed conflicts of interest, accepting kickbacks and entering into inap - propriate relationships with clients and dealers on the opposite side of transactions she managed for her clients. This legal battle exposes the fiduciary risks inherent to even long-standing advisory partnerships and emphasises the critical need for written agree - ments, transparent compensation policies and strict ethical standards. The Rybolovlev v Bouvier legal battle Russian billionaire Dmitry Rybolovlev sued Swiss art dealer Yves Bouvier, alleging that Bouvier secretly inflated prices and pocketed hundreds of millions in undisclosed markups across approximately thirty- eight art transactions while acting as Rybolovlev’s trusted advisor. Litigation proceeded in multiple jurisdictions, including Monaco, Switzerland and the US. In 2018, Rybolovlev filed a civil lawsuit against Sotheby’s in the Southern District of New York, claim - ing the auction house aided Bouvier’s fraud on four transactions. Rybolovlev and Bouvier reached a con - fidential settlement in December 2023, but the case against Sotheby’s proceeded to trial. In January 2024, a federal jury returned a unanimous verdict in favour of Sotheby’s, finding Rybolovlev had not proven the auction house aided the fraud. Accent Delight International Ltd. v Sotheby’s, 1:18- cv-09011 (S.D.N.Y. Feb 02, 2024) ECF No 680 The trial provided a rare public glimpse into the opaque world of private art sales and the broader Bouvier affair remains one of the most consequential art market disputes of the twenty-first century. Conclusion As Miami continues its rapid ascent as a global art capital, anchored by Miami Art Week, a maturing insti - tutional landscape and a thriving artist community, the volume, complexity and stakes of art transactions in the region will only grow. That growth makes the role of qualified art advisors more essential than ever. since professional advisors may provide the independent judgment, fiduciary accountability and transactional
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