Posted in: Comics, Comics Publishers, DC Comics, Image, Marvel Comics | Tagged: becky cloonan, cadence comic art

17 Comics Artists Sue Cadance Comic Art Over Allegations Of Fraud

17 comics artists sue Cadance Comic Art over allegations of fraud including Becky Cloonan, David Marquez, Valerio Schiti, and Jill Thompson

Cadence Comic Art, owned by art dealer Paolo Belfiore, specialises in selling original artwork by comic creators, with whom they often sign exclusive deals, also covering individual commissions, convention appearances and more. In February last year, a number of those comic book creators announced that they would no longer be represented by Cadence Comic Art.

Now, seventeen of them have filed a lawsuit against Cadence Comic Art Inc. and its owner, Paolo Belfiore, accusing them of systematically defrauding the artists out of hundreds of thousands of dollars through unreported sales, unauthorised commissions, and failure to return unsold artworks. They are Becky Cloonan, David Marquez, Wesley Craig, Paolo Villanelli, Leila Leiz, Alessandro Cappuccio, Danai Christina Kilaidoni, Elena Casagrande, Valerio Schiti, Mahmud Anjum Asrar, Joelle Jones, Yildiray Cinar, Rafael Albuquerque, Tyler Crook, Jenny Frison, Pia Guerra, and Jill Thompson. Some of the biggest names working in comics today.

The complaint, filed earlier this month in the Southern District of New York, alleges "egregious misconduct" and "reprehensible conduct" and that Cadence Comic Art "systematically deceived and defrauded" the artists "out of substantial sums of money" and that they "flagrantly violated their fiduciary and statutory obligations under New York's Arts and Cultural Affairs Law". The artists claim Belfiore and his gallery were "misappropriating hundreds of thousands of dollars through unreported sales, unauthorized commissions, improper deductions, and other deceptive practices", failed to provide accurate accounting statements, and "secretly sold numerous works for which it received in excess of $473,000 (the "Secret Sales"). The Gallery, and Dealer in particular failed to disclose to Artists that these sales and transfers were made and refused to respond to repeated requests for information regarding the status of these artworks." And also that Cadence Comic Art "secretly transferred artworks for which it received cash and/or other forms of consideration (the "Secret Transfers"). The Gallery, and Dealer in particular, failed to disclose to Artists that these transfers were made and refused to respond to repeated requests for information regarding the status of these artworks. Defendants never paid to Artists their share of the agreed-upon retail value of these artworks."

According to the filing, the artists consigned hundreds of original comic book artworks to Cadence for exhibition and sale on a commission basis. However, the defendants allegedly sold pieces without disclosure, transferred artworks for undisclosed considerations, and neglected to safeguard the art from loss, damage, or theft. The lawsuit details over 49 unreturned pieces, primarily from artists Leila Leiz and Elena Casagrande, including covers and pages from titles like M.O.M.: Mother of Madness, Knight Terrors: Catwoman, and Hack/Slash. The situation regarding these unsold works is described in the complaint as "holding these works hostage" despite repeated demands for their return. The filing states that these "acts of fiduciary chicanery have caused significant financial harm and undermined the trust placed in Defendants by Artists, each of whom has been represented by Cadence Comic Art Inc. and its owner, Paolo Belfiore, for over fifteen years on average. Even more damning, Defendants have ignored the Artists' pleas to return unsold pieces and instead are holding these works hostage."

In pre-litigation efforts, the artists' attorneys at Adwar Ivko sent demand letters in September and then November last year, requesting payment of unpaid proceeds, return of artworks, and a full accounting. Delivery confirmations via FedEx and email tracking show the letters were received and opened multiple times, but the defendants allegedly ignored them, prompting the lawsuit.

The complaint outlines seven causes of action, including violations of New York's Arts and Cultural Affairs Law (ACAL), breach of fiduciary duties, conversion, and unjust enrichment. The artists seek at least $473,000 in damages plus interest, punitive damages, and attorneys' fees, as well as an injunction to prevent further sales, a declaratory judgment affirming their ownership, and an order for the immediate return of all unsold art and records at the defendants' expense.

We reached out for comment, but as of now, no statements regarding the situation have been issued by Cadence Comic Art or Belfiore. The lawsuit highlights ongoing tensions in the comic art market, where artists rely on galleries to handle sales but often face challenges in transparency and accountability. The case is assigned to Judge Jennifer L. Rochon. Further developments are expected as the defendants respond.

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