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Old 03-22-2007, 03:04 PM
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Default Mr. Verkman – Keep your Word - Letters From Bill Mastro, Joe Orlando, & Marshall Fogel

Posted By: MarkH56

Thank you to all who have responded to my posting regarding the 1930 Goudey – Babe Ruth Calendar Card – Questionable Authenticity. Please note that on February 14, 2007, I offered to send the card for testing if Steve Verkman would place the funds paid for the card in an escrow account with my attorney until this was resolved to both parties satisfaction. He refused to do so and I was not willing to have him have possession of both card and the money and leave me with nothing. When I originally asked Verkman about paper testing, he told me he did not want to do that. I have checked with John Reznikoff (who does have a machine for paper testing) regarding paper testing and was informed that they would have to have a comparison piece for the testing to be valid. With regard to testing, it is certain possible to obtain old paper and cardboard to create a reproduction. Paper testing may prove nothing. The issue is not about paper testing – it is about Clean Sweep’s guarantee as stated in its catalog and on its website. I still hope this matter may be resolved in an amicable manner. However, this is my final attempt to obtain a full refund without filing a lawsuit and I will be seeking punitive damages.

Thank you,
Mark Haverkos

March 21, 2007

Steve:

When I purchased this card in your Clean Sweep Auctions #123 (9/27/06), I was excited about the prospect of owning an authentic 1 of 1 Babe Ruth Card from his playing days, truly a dream for a Ruth collector like me. I did not anticipate any problems with 3rd party authentication of the card and knew, with confidence, that if there was a problem, Clean Sweep Auctions would stand behind me and make it right. When we have had issues in the past, Steve, you have always told me that if I didn't like an item that I had purchased from you or had problems with it, I should simply sent it back and you’ll refund the money.

Also, in you auction catalogues, you state that Clean Sweep “Has an amazing reputation when it comes to autographed items and authenticity in general.” Furthermore, on your Clean Sweep Auctions website (csauctions.com, Frequently Asked Questions) under “What are our standards for Authenticity?” you state that “CSA only sells original items. We completely stand behind the authenticity of every item we sell… CSA uses the strictest standards in the industry and does not sell questionable items.” In response to the questions about your policy with regard to grading services, you state that you guarantee all items to be authentic and will accept a return of any card or other item deemed not to be authentic by any reputable grading service.”

With these guarantees in mind as well as my inherent trust in you as a professional collector/dealer and good, honest person (our 6-7 year business relationship), I bid with confidence on Lot 978 (Auction 123), which was described as follows: Catalogue Description:

1930 Rare Babe Ruth Calendar Card VG-EX $3,000 Measuring 3 ˝ x
5 ˝, this is a black & white cardboard card with a full body pose of Ruth on the front, with the Goudey league baseball in the four corners. The back is a calendar for 1930 with Goudey clearly printed at the bottom. This has some mild creasing and general wear. Rare card that we have never seen before that was likely a precursor to Goudey’s seminal 1933 gum card set. Fresh item unknown to the hobby until now that was obtained in New England. This appeared in one of our auctions last year and sold for $10,738. Sadly, the winning bidder purchased this treasure to become the centerpieces of his son’s collection and the son died in a car accident this year.

In fact when I called Clean Sweep Auction on the night of 9/27/06 to check on my bid, you told me that the card was already hotly contested by 2 advanced Ruth collectors but, by placing one more bid, you felt that I would have a pretty good chance of winning the lot. And so it came to pass that I sent you a bank check for $18,775.32 and you sent to me the card encased in a large block of acrylic that had a sticker on it (hand written) stating “NY Yankee’s 1930 Goudey Gum Babe Ruth Calendar Card, “Excellent Condition”, Goudey Holy Grail, $10,738.”On the reverse was a sticker reading “CSA 9/27/06, Lot #978, Facon 88.”

The card initially looked to me to be as represented in the catalog. I was a little surprised by the lumpy feel of the front of the card but hey, I’m no expert. I’m a collector. I leave the authentication to the experts and my own research.

I commenced my research almost immediately upon receipt of the card. I contacted, among others, the Boston Public Library (for information on the Boston company Goudey), the New York Metropolitan Museum of Art (the Cy Burdicke Collection), the man who purchased the remaining Goudey archives in the 1970’s, Marshall Fogel (who wrote the history of the Goudey Gum Co.), the Standard Catalog of Baseball cards, the Calendar Collectors’ Society, and many others. I put in countless hours of my own time trying to find a historical reference to authenticate the card. In all of these contacts from 10/06 – 02/07, I found absolutely no reference to the card. During this research process, I also sent the card to PSA on October 20, 2006 (23 days post auction) for authentication (not grading). Several weeks later, I was contacted by PSA who informed me that they could not authenticate the card and were returning it to me. If I could find any supporting evidence in my research, PSA told me to re-submit it for re-evaluation. On December 8, 2006, Steve, I called to inform you of PSA’s rejection, my research findings and to request from you your evidence of authenticity. You were the vendor who only sells authentic items so you had to have a way of proving the card’s authenticity. By telephone you told me that: 1) you had no supporting evidence; 2) you knew the card was real; 3) PSA couldn’t prove it wasn’t real; 4) you would “work it out with Joe Orlando” (President of PSA). I also requested a letter of authenticity from you. The following is what you sent, signed and notarized:

December 21, 2006
To Whom It May Concern:
This is a letter of authenticity for a 1930 Goudey Babe Ruth Calendar card.
This is unique card measures 3 ˝ x 5 ˝ and has black and white printing on cardboard with a full body pose of Ruth. The Goudey league baseball is on the four corners. The back is a calendar for 1930 with Goudey clearly printed at the bottom. This has some mild creasing and general wear. Rare card that we have never seen before that was likely a precursor to Goudey’s seminal 1933 gum card set. Fresh item unknown to the hobby until now that was found in an attic in Vermont in 2005 as part of a vintage collection. The lucky person who discovered this card then consigned it to our May 2005 auction and it sold for $10,738. Sadly, the winning bidder purchased this treasure to become the centerpiece of his son’s collection and the son died in a car accident this year.
When this card sold publicly in 2005, this garnered a lot of attention in the hobby and to our surprise, NO OTHER EXAMPLE has ever surfaced.
I have been involved in the sale and purchase of vintage sports cards since 1979. My company has been featured or mentioned in The New York Times, The Wall Street Journal, CNBC, Fox News etc.
Steve Verkman
President
Clean Sweep Auctions


Basically, Steve, you re-state the auction catalogue information in paragraph 1, tell me of your surprise after you sold the card previously in paragraph 2, and what your credentials are in paragraph 3. But where is the authenticity in your letter of such? It is actually a letter of history, not authenticity.

Nevertheless, it was the only item of corroborating evidence that I could find in my many hours of research. On January 8, 2007, I re-submitted the card and your letter to PSA for authentication. The following letter from PSA, concerning the card, (which I provided you with a copy) dated January 28, 2007, was received.

January 28, 2007
Dear Mark,
I am writing this letter to inform you of our findings.
The card that you submitted, an alleged 1930 Goudey Babe Ruth Calendar Card is, in our expert opinion, not genuine or original based on the following:
1) This card has not been documented by any respected publication nor has it been acknowledged as an original card by any respected third party expert service that I am aware of. No such card, to date, is known to exist. In fact, the existence of such a card would counter any logic based on what we know about the Goudey company and trading cards of that era.
2) More importantly, this card does not possess the characteristics normally found on trading cards of the era or issued by the manufacturer. The print, registration and paper quality are not consistent with any period Goudey card or any other card from that time period. In fact, even the wear found on the card appears to be contrived to give the card the appearance that it is of certain vintage.
3) In sum, it appears to be poorly constructed fabrication based on the above-mentioned characteristics.
PSA has been found for nearly 16 years and we have handled over 10 million trading cards in our history. As the leading trading card authentication and grading service in the world, it is our collective opinion that this item is not genuine.
I am very sorry for the bad news but it is our job to be both the good and bad messenger at times.
If you should have any other questions regarding this matter, please contact me directly at (949)567-1170.
Sincerely,
Joe Orlando
President


Genuine and original are the definition of authentic. PSA clearly states that the card is “Not genuine or original. It appears to be a poorly constructed fabrication.” Steve, your own website states that you “will accept a return of any card or other item deemed not to be authentic by any reputable grading service.” Am I missing something, or did PSA state that the card is not genuine or original (authentic)? Is PSA not a reputable grading service? What about your own words, Steve? Your integrity? The reputation of Clean Sweep Auctions?

I also had sent the card to Bill Mastro, figuring that if he would auction it, I wouldn’t necessarily need to put it in a holder. On December 13, 2006, he sent the card back to me with the following hand-written letter:

12-13-06
To Whom It May Concern –
I have viewed and held in my hand the supposed 1930 Goudey Babe Ruth Calendar card and it is absolutely a fantasy piece which was created within the last few decades. It is absolutely not from 1930 and no original piece is known to exist. The print quality and type of paper are not that of the 1930’s. The wear is contrived to make one believe it is old. Nothing about the piece is original. This is not an opinion – it is a fact! I have been dealing in such material for over 40 years and my credentials are unquestionable. The piece is not authentic and is of no value.
Sincerely, William Mastro
CEO
Mastro Auctions


Bill clearly states the facts, Steve: 1) it is not from the ‘30’s; 2) it was created recently; 3) the print and paper are not from the 1930’s; 4) the wear is contrived; 5) nothing about the piece is original. He held the card, Steve, and these are the facts, not opinions.

As stated above, I also contacted Marshall Fogel and his reply is as follows:

From Marshall Fogel

As to your recent telephone call, this is to confirm the answer to your inquiry that I did write about the history of the Goudey Gum Company for the Sports Market Report National Convention Issue(SMR) on July 8, 2003. (The article can be found on the internet-The Goudey Company-Marshall Fogel.) After this article was published, similar information confirming my original research as well as new valuable information appears on the internet. When I began to research for information about this company, there was no reference material other then "bits and pieces." I was fortunate to locate and interview people, in detail, who had an intimate knowledge of facts that appear in the text of my article.

This letter is in response to your request for my comments after viewing a copy of what I will refer to as the calendar card that is represented to have been published and distributed by the Goudey Gum Company. (The referenced company, for clarity, printed the 1933 Goudey Baseball Gum set.) An image of Babe Ruth appears on the front of the card and a 1930 calendar is printed on the reverse. My opinion is based on available historical information.

CONCLUSION
It is my opinion that there is no evidence that the referenced Goudey Gum Company printed or distributed the calendar card as it now appears . There is substantial and compelling evidence that this company did not print or distribute the calendar card that you e-mailed to me.

1. I cannot offer you any logical motive or business reason why the Goudey company would print or distribute, in any quantity, a card with an image of a young Babe Ruth previous to 1930 and three years before the company had any connection with baseball as a marketing theme. Additionally, the calendar card is black and white, low grade quality and just "plain ugly." Goudey printed high quality colorized advertising images. These images were simply to advertise gum and appeal to "kids." It is clear to me that the Goudey company purposely and carefully incorporated quality art work when printing their products. For example, some images in the Goudey Indian gum set were copies of original print images belonging to the Smithsonian.

2. The Yankees, in 1930, were not the dominant baseball team and Ruth certainly did not have a season that was as memorable as his past seasons. Including that fact that Goudey, in 1930, had no connection with baseball in promoting their products, there is no reason for the company to print the 1930 calendar card of what Ruth looked like before 1930 and to feature a Yankee when this team was not dominant and did not win. In fact many experts consider the 1929 and 1930 Philadelphia A's as great or greater then the 1927 Yankees.

3.The reverse of the 1930 calendar card states the term Big League Chewing Gum. No such term was used by Goudey until 1933 and then again in 1934, 1935, 1936 and 1938. Before 1933, Goudey advertising brands were, for example, Oh-Boy Gum, Around The World Gum, as well as other gum brands; but, not Big League Chewing Gum. (Refer to the internet for examples of gum labels)

4.The calendar card has the word League printed inside a baseball four times on the front of the card. At this point, we are in the death penalty phase regarding this card. What is League? What is Big League Chewing Gum in 1930 when there is no Big League Chewing Gum to chew.

5. Since the image of Ruth appears on the calendar card along with a crude advertising attempt to promote Big League Chewing Gum, it is logical to conclude that the calendar card was to be widely distributed in 1930 so the public would take advantage of the calendar. It is a fact that there is a significant number of Goudey sport and non sport cards and premiums in various conditions that can be collected today. One would conclude that, at least, a moderate amount of calendar cards, especially picturing the Ruth image, would also be available today. They are not and they should be.

During the time I have been writing this letter I became aware, in detail, that there is not longer controversy surrounding this calendar card. It is obvious to me that very experienced and knowledgeable people have overwhelming opined that the calendar card is not authentic. Also, there are others who have commented, on various message boards, that support the view of these experts as well as including many of the same opinions that I have stated when approaching the calendar card issue from an historical point of view. While others have opined that the card is not authentic, I would add my opinion that there is no compelling historic evidence that the Goudey Gum Company did print the calendar card. I would be open at all times in the future to reassess my opinion if there is evidence to the contrary.

Finally, Mr. Verkman you should take seriously the views expressed and return the collector's money. Your offer to have the card tested before you refund the collectors money is not in keeping with your return policy, and your offer simply unfair. I must add that I read you supposed letter of authenticity. The content of your letter falls short of the standard set for those of us who write letters of authenticity.


In short, I purchased this card from Clean Sweep Auctions with confidence in it’s authenticity and Clean Sweep‘s integrity and honesty as the vendor in backing up that claim. There’s no one who wanted to authenticate this card more than myself. I bought it. I even put in countless hours of my own trying to find the proof for it. But, Steve, the resounding word, whether you and I like it or not, is that it’s not authentic. So come on, man, step up to the plate. Are you going to do the right thing and refund to me my money paid to you for the card as I have requested twice, or are were going to have to take this one step further? I have been very patient and understanding so far, Steve, even offering to put the money in a third party escrow account until the matter is settled to the satisfaction of all. But you informed me that your company didn’t do business that way and that I would have to send you the card, with no refund, in order for you to authenticate it or else you had no more time to spend on the matter. But didn’t your catalog description tell me what the card is? Now, you still don’t have it authenticated, after selling it to me. Steve, the only way that you aren’t going to spend anymore time on this matter is if you do the right thing and sent me a full refund of $18, 775, in exchange for return of the card. If you can authenticate it with that calendar that you spoke of, do so and re-sell it. I’m sure it would be worth your while. But I have received my answer and it is a resounding “no.”

I’m not satisfied, Steve. You have always told me, in the past that if I wasn’t satisfied, to send the item back for a full refund, otherwise, keep it. Why not now?

Presently, I’m only asking you to honor your word and send me a full refund. If we need to go to court, I’ll be asking for a whole lot more.

Do you really want to put us through this, Steve? It is bad for the hobby, bad for Clean Sweep Auctions, and wholly unnecessary. Think about it. Do you really want to drag your reputable business, Clean Sweep Auctions, through all of the allegations? My patience is running out Steve, and I definitely won’t quit. I’ve asked our friends and colleagues on this message board for any new information that would be useful in authentication. Nothing. I hope to hear from you soon, Mr. Verkman.

Mark Haverkos




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