, -_ .. --'

DIRECT INDICTMENT ELIl2:- G- knvi , l-e

Gt ClerkNo.ISSCt!J73r;~

FULTON SUPERIOR COURT

v.

VIOLATION OF THE GEORGIA RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT O.C.G.A. §16-14-4 CT. 1 THEFT BY CONVERSION O.C.G.A. §16-8-4 CT. 2 - 3

THE STATE OF GEORGlA

WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE GALLERY, OR BILL LOWE GALLERY DA #: 15DA00160

FtlED ~N OFFICE True BILL

~b,c4

RQ , 2015

Grand Jury Foreperson

PERSONID: 2950901 PAUL L. HOWARD, JR., District Attorney

The Defendant waives copy of indictment, list of witnesses, formal arraignment and pleads ___ Guilty.

The Defendant waives copy of indictment, list of witnesses, formal arraignment and pleads ___ Guilty.

The Defendant waives copy of indictment, list of witnesses, formal arraignment and pleads ___ Guilty.

Defendant Defendant Defendant

Attorney for Defendant Attorney for Defendant Attorney for Defendant

Assistant District Attorney Assistant District Attorney Assistant District Attorney

This __ day of. , __ This_day of __ -> _ This __ day of, , _

, I •

STATE OF GEORGIA; COUNTY OF FULTON

IN THE SUPERIOR COURT OF SAID COUNTY

THE GRAND JURORS, selected, chosen and sworn for the County of Fulton, to wit:

1. Angel Fonseca, Foreperson 2. Chesley McLeod, Asst. r oreperson 3. lauren Donaldson, Secretary 4. Breeona Wil1lClm.~, Asst. Secretary ., ond,10hn . Chavis, Donald 7~ 8. DaSilva, Julio 9. Fox, Jlo.shby 10. Freed, Gary 11. Hagwood, Gregory 12. Justen, John . 13. Kay, Celia

14. Kinsman, James 15. Martin, Angela 16. Robinson, Melissa 17. Smith, latresha 18r9teele, Stephen 19. Sudman, Carol 2e~~ 21. TSilk, lacey .. 22. Tolbert, Ronald 23. Wesley, Mae 24,.Ja!ARseli! BeFpt c 1>.1 2s-:-ea, 01 "0112 42 26. 5e!Em,Oil mikes -TSS'

in the name and on behalf of the citizens of Georgia, do charge and accuse WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE GALLERY, OR BILL LOWE GALLERY with the offense of VIOLATION OF THE GEORGIA RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT O.C.G.A. §16-14-4, for the said accused, in the County of Fulton and State of Georgia, on and between the I" day of November, 2001 and the 4th day of September, 2015, as specified in each act listed below, unlawfully, through a pattern of racketeering activity consisting of Theft by Conversion, as more particularly described below in this count, and proceeds derived therefrom, did acquire and maintain, and endeavor to acquire and maintain, directly and indirectly, interest in and control of personal property and U.S. currency of the individuals listed in each act below, to wit: U.S. currency and artwork of the individuals in the listed acts below, in violation of O.C.G.A. §16-14-4 (a) and (c), said interrelated pattern of criminal activity being motivated by, and the effect of which was, pecuniary gain, the acts in this count being separate and distinct from any other count, the applicable statute of limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4), as listed below, contrary to the laws of said State, the good order, peace and dignity thereof;

Page 2

PREDICATE ACTS

ACT!.

Between the 7th day of January, 2009 and the 4th day of September, 2015, the exact dates

being unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE

LOWE GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.O.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained funds in an amount in excess of $500 and

property of a value in excess of $500.00 belonging to JOHN SCHUYLER under an agreement

and known legal obligation to make a specified application of said funds and disposition of said

property, did knowingly convert said funds and disposition of said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, said accused being a trustee

of said artwork and funds and said owner being the beneficiary and the applicable statute of

limitations period having been tolled pursuant to O.C.O.A. § 17-3-2 (4),

Terreno III in excess of $4,333.34 $2,166.67 $500.00

Esperanza II in excess of $5,200.00 $2,600.00

$500.00 Esperanza XII in excess of $4,225.00 $2,112.50

$500.00

Esperanza XV in excess of $4,000.00 $2,000.00

$500.00

Esperanza XVII in excess of $3,850.00 $1,925.00

$500.00

Page 3

Cambiare III in excess of $5,600.00

$500.00

in excess of $4,800.00

$500.00

in excess of $5,200.00

$500.00

Cambiare V

Cambiare VII

$2,800.00

$2,400.00

$2,600.00

LESS $2,500.00 PAYMENT MADE ON OR ABOUT AUGUST 22,2009 -$13,504.17

APPROX. TOTAL in excess of $37,208.34

$500.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACT 2.

$16,004.17

Between the 31st day of January, 2003 and 4th day of September, 2015, the exact dates being

unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE

GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.e.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained funds in an amount in excess of $500 and

property of a value in excess of $500.00 belonging to MARK PERLMAN under an agreement

and known legal obligation to make a specified application of said funds and disposition of said

property, did knowingly convert said funds and disposition of said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, the acts in this paragraph

being separate and distinct from any other paragraph, and the applicable statute of limitations

period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

Page 4

TITLE OF ARTWORK APPROX. RETAIL I APPROX. SALE AMOUNT DUE

VALUE AMOUNT TO ARTIST

Lace and Lock, 2007 $14,000.00 $11,200.00 $5,600.00

Loop, 2007 $11,000.00 $8,800.00 $4,400.00

Middle Road, 2004 $6,500.00 $5,200.00 $2,600.00

Party Tooth, 2007 $14,000.00 $11,200.00 $5,600.00

Swell, 2007 $9,000.00 $7,200.00 $3,600.00

Swept, 2007 $14,000.00 $11,200.00 $5,600.00

Forward, 2006 $14,000.00 $11,200.00 $5,600.00

Lotta Lines, 1995 $6,000.00 $4,800.00 $2,400.00

Slide, 2006 $14,000.00 $11,200.00 $5,600.00

Beyond $2,000.00 $1,400.00 $700.00

Burst, 2006 $14,000.00 $9,800.00 $4,900.00

Cabb,1995 $6,500.00 $4,550.00 $2,275.00

Catch, 2006 $14,000.00 $9,800.00 $4,900.00

Chess, 2006 $11,000.00 $7,700.00 $3,850.00

Early 2 (panel 1), 1996 $4,500.00 $3,150.00 $1,575.00

Little Noise, 2003 $4,500.00 $3,150.00 $1,575.00

Module, 2004 $8,500.00 $5,950.00 $2,975.00

Shake, 2006 $11,000.00 $7,700.00 $3,850.00

Sharpshooter, 2005 $11,000.00 $7,700.00 $3,850.00

"Untitled", Mixed Media $2,400.00 $1,680.00 $840.00

"Entitled", Encaustic on $2,800.00 $1,960.00 $980.00 Paper

Untitled 107,2002 $2,000.00 $1,400.00 $700.00

Page 5

TITLE OF ARTWORK APPROX. RET AIL I APPROX. SALE AMOUNT DUE

VALUE AMOUNT TO ARTIST

Warm Shadows $14,000.00 $9,800.00 $4,900.00

Watertrough $14,000.00 $9,800.00 $4,900.00

"Untitled", Encaustic on $7,000.00 $4,900.00 $2,450.00 Panel

Early Birds $5,000.00 $5,000.00 $2,500.00

Mixedon Paper $1,600.00 $1,600.00 $800.00

Untitled $3,500.00 $3,500.00 $1,750.00

Loud and Clear, 2005 $12,000.00 $12,000.00 $6,000.00

LESS $2,500.00 PAYMENT MADE ON OR ABOUT MAY 12,2011 -$94,770.00

LESS $2,500.00 PAYMENT MADE ON OR ABOUT JUNE 2,2011 -$92,270.00

LESS $10,000.00 PAYMENT MADE ON OR ABOUT DEC 15, 2011 -$82,270.00

LESS $33,830.00 PAYMENT MADE ON OR ABOUT NOV. 28, 2014 -$48,440.00

LESS $20,000.00 PAYMENT MADE ON OR ABOUT FEB. 19,2015 -$28,440.00

LESS $3,550.00 PAYMENT MADE A DATE UNKNOWN TO THE GRAND -$24,890.00 JURORS

APPROX. TOTAL $253,800.00 $194,540.00 $97,270.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACT 3.

Between the I" day of January of 2009 and the 4th day of September, 2015, the exact dates

being unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE

LOWE GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained funds in an amount in excess of $500 and

property of a value in excess of $500.00 belonging to SAM GLANKOFF COLLECTION,

LLC under an agreement and known legal obligation to make a specified application of said

funds and disposition of said property, did knowingly convert said funds and disposition of said Page 6

property to his own use in violation of the agreement and legal obligation, to wit: by unlawfully

withholding sale proceeds for the artwork consigned to him in trust and for that which he was

commissioned to sell, said accused further failing to return unsold artwork, as described below,

the acts in this paragraph being separate and distinct from any other paragraph, and the

applicable statute of limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

TITLE OF ARTWORK I APPROX. RETAIL APPROX. SALE

I AMOUNT DUE

VALUE AMOUNT TO ARTIST

Untitled 6, c. 1940s-1950s $25,000.00 $18,518.52 $10,500.00 (ACP 019)

Untitled 60, 1972 (PP $35,000.00 $26,500.00 $18,900.00 2076)

Untitled 5, c. 1940s-1950s $22,000.00 $13,500.00 $9,240.00 (ACP 016)

Untitled 68 (PP 4039) $50,000.00 in excess of $500.00 in excess of $5 00.00

Untitled 76 (PP 4131) $50,000.00 in excess of$500.00 in excess of$500.00

Untitled 77 (PP 4182) $50,000.00 $50,000.00 $27,000.00

Untitled, 1971 (pP 4024) $50,000.00 $45,000.00 $27,300.00

Untitled, 1978 (PP 4163) $50,000.00 $45,000.00 $27,000.00

Untitled 70 (PP 4060) $50,000.00 $45,000.00 $27,000.00

Untitled 75 (PP 4124) $50,000.00 $45,000.00 $27,000.00

APPROX. TOTAL $432,000.00 in excess of in excess of $288,518.52 $173,940.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACT 4.

Between I" day of January, 2007 and the 4th day of September, 2015, the exact dates being

unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE

GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

Page 7

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained property of a value in excess of $500.00

belonging to LISSA RANKIN under an agreement and known legal obligation to make a

specified application of said property, did knowingly convert said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, said accused being a trustee

of said artwork and funds and said owner being the beneficiary and the applicable statute of

limitations period having been tolled pursuant to O.C.O.A. § 17-3-2 (4),

TITLE OF

ARTWORK

APPROX.

RETAIL

VALUE

Pulled Every Which $1,200.00 Way

No One Is Alone $1,200.00

Out of Vogue $1,200.00

Turning Point $1,200.00

Pipe Dreams $1,200.00

Slip-Sliding Away $1,200.00

More than Meets the $6,000.00 Eye

Something New (LR- $1,200.00 OSS-P)

Something New (LR- $1,200.00 060-P)

Free Fall $5,000.00

Winter of Light 1 $1,200.00

Page 8

TITLE OF

ARTWORK

APPROX.

RETAIL

VALUE

Winter of Light 6 $1,200.00

Winter of Light 3 $1,200.00

Winter of Light 4 $1,200.00

Winter of Light 5 $1,200.00

Winter of Light 2 $1,200.00

Winter of Light 9 $1,200.00

Winter of Light 11 $1,200.00

Winter of Light 13 $1,200.00

Winter of Light 14 $1,200.00

Winter of Light 15 $1,200.00

Winter of Light 16 $1,200.00

Facing the Music $5,500.00

Identity Crisis $6,000.00

Snowblind $6,000.00

Out of Sight $1,200.00

Being Silence $6,000.00

About Last Night $5,500.00

Maybe This Time $7,500.00

Below the Radar $1,200.00

Great Expectations $1,200.00

Playing Games $1,200.00

Cause for Pain $1,200.00

Page 9

TITLE OF

ARTWORK

APPROX.

RETAIL

VALUE

On the Brink $1,200.00

Up For Grabs $1,200.00

Pretty is Not Enough $1,200.00

Material Impact $1,200.00

Imagine Me and You $1,200.00

Something New 1 $1,200.00

Something New 2 $1,200.00

Something New 3 $1,200.00

Something New 5 $1,200.00

Something New 6 $1,200.00

Something New 7 $1,200.00

Something New 8 $1,200.00

The Last Word $1,200.00

Winged Migration $1,200.00

Lighten Up $1,200.00

Baltic Blues $1,200.00

The Rights Question $1,200.00

Blowing Cool $1,200.00

Higher and Higher $1,200.00

The Long Haul $1,200.00

I GottaBe Me $6,000.00

The One That Made It $5,500.00

Page 10

TITLE OF

ARTWORK

APPROX.

RETAIL

VALUE

Hanging Around $5,500.00

So Close, Too Far $5,500.00

Believing in Dreams $10,000.00

Another Way of $10,000.00 Thinking

Winter of Light 7 $1,200.00

Winter of Light 8 $1,200.00

Winter of Light 10 $1,200.00

Winter of Light 12 $1,200.00

Not Always $1,200.00

Blowing in the Wind $1,200.00

A Noisy Herd $1,200.00

Let's Get Real $1,200.00

Snap, Crackle, Pop $1,200.00

Letting Light In $1,200.00

All Over the Place $1,200.00

A Royal Mess $1,200.00

No Quick Fixes $1,200.00

A Wary Friendship $1,200.00

Fear of Falling $1,200.00

Twist and Shout $1,200.00

How to Get By $1,200.00

Seeing is Believing $1,200.00

Page II

TITLE OF

ARTWORK

APPROX.

RETAIL

VALUE

Simon Says $1,200.00

Close Encounters $1,200.00

All Shook Up $1,200.00

Much More than a $1,200.00 Sandwich

Down But Not Out $1,200.00

The Madness of $1,200.00 Myths

Kiss of Peace $1,200.00

APPROX. TOTAL $174,000.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACTS.

Between the 6th day of November, 2007 and the 4th day of September, 2015, the exact dates

being unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE

LOWE GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained property of a value in excess of $500.00

belonging to DONALD SULTAN under an agreement and known legal obligation to make a

specified application of said property, did knowingly convert said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, said accused being a trustee

of said artwork and funds and said owner being the beneficiary and the applicable statute of

limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

Page 12

Four Blues March $14,625.00

$8,400.00

$25,000.00 $7,312.50

Four Lime Greens March $25,000.00 $16,800.00

Six Brown March 10 $25,000.00 $14,625.00 $7,312.50

LESS $13, 000. 00 PAYMENT MADE ON OR ABOUT 511812010 -$13,000.00

APPROX. TOTAL $75,000.00 $46,050.00 $10,025.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACT 6.

Between the 28th day of September, 2012 and the 4th day of September, 2015, the exact date

being unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE

LOWE GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained funds in an amount valued at least $5,000.00 but

less than $25,000.00 and property valued at least $5,000.00 but less than $25,000.00 belonging

to STEVE SAS SCHWARTZ under an agreement and known legal obligation to make a

specified application of said funds and disposition of said property, did knowingly convert said

funds and disposition of said property to his own use in violation of the agreement and legal

obligation, to wit: by unlawfully withholding sale proceeds for the artwork consigned to him in

trust and for that which he was commissioned to sell, said accused further failing to return unsold

artwork, as described below, the acts in this paragraph being separate and distinct from any other

paragraph,

Page 13

Neil Denari

APPROX. TOTAL

$15,000.00 $7,500.00 $15,000.00

$15,000.00 $7,500.00 $15,000.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACT 7.

Between the u" day of March, 2010 and the 15th day of August, 2011, the exact date being

unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE

GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained funds in an amount in excess of $500 and

property of a value in excess of $500.00 belonging to ABBY KASONIK under an agreement

and known legal obligation to make a specified application of said funds and disposition of said

property, did knowingly convert said funds and disposition of said property to his own use in violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, the acts in this paragraph

being separate and distinct from any other paragraph,

TITLE OF ARTWORK APPROX.

RETAIL

VALUE

APPROX.

SALE

AMOUNT

AMOUNT

DUE TO

ARTIST

Transition 3 $6,500.00 $5,200.00 $2,600.00

LESS $700.00 PAYMENT MADE ON OR ABOUT AUGUST 11, 2011

APPROX. TOTAL $6,500.00 $5,200.00 $1,900.00

-$700.00

contrary to the laws of said State, the good order, peace and dignity thereof;

Page 14

ACT 8.

Between the 191h day of January, 2013 and the 4th day of September, 2015, the exact date being

unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE

GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained funds in an amount valued at least $5,000.00 but

less than $25,000.00 and property valued at least $5,000.00 but less than $25,000.00 belonging

to MICHAEL MEYER under an agreement and known legal obligation to make a specified

application of said funds and disposition of said property, did knowingly convert said funds and

disposition of said property to his own use in violation of the agreement and legal obligation, to

wit: by unlawfully withholding sale proceeds for the artwork consigned to him in trust and for

that which he was commissioned to sell, said accused further failing to return unsold artwork, as

described below, the acts in this paragraph being separate and distinct from any other paragraph,

$12,000.00 $12,000.00

$6,000.00

Big Sister

$12,000.00 APPROX. TOTAL $12,000.00

$6,000.00

contrary to the laws of said State, the good order, peace and dignity thereof;

Page 15

ACT 9.

Between the 6th day of November, 2007 and the 4th day of September, 2015, the exact dates

being unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE

LOWE GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained property of a value in excess of $500.00

belonging to JOHN MARTINI under an agreement and known legal obligation to make a

specified application of said property, did knowingly convert said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, said accused being a trustee

of said artwork and funds and said owner being the beneficiary and the applicable statute of

limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

in excess of in excess of $2,800.00 Bob Bounces Back $500.00 $500.00

APPROX. TOTAL in excess of in excess of $2,800.00 $500.00 $500.00

contrary to the laws of said State, the good order, peace and dignity thereof;

ACT 10.

Between the 1st of January, 2007 and the 4th day of September, 2015, the exact dates being

unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERJES, INC., THE LOWE

GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained property of a value in excess of $500.00

Page 16

belonging to RICHARD CURRIER under an agreement and known legal obligation to make a

specified application of said property, did knowingly convert said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, said accused being a trustee

of said artwork and funds and said owner being the beneficiary and the applicable statute of

limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

in excess of $11,700.00 in excess of Migration, 2007 $500.00 $500.00

in excess of $12,600.00 in excess of Savannah, 2007 $500.00 $500.00

in excess of $12,600.00 in excess of See ... No Evil $500.00 $500.00

in excess of $16,800.00 in excess of What God Wants $500.00 $500.00

APPROX. TOTAL in excess of $53,700.00 in excess of $500.00 $500.00

contrary to the laws of said State, the good order, peace and dignity thereof;

Page 17

ACT 11.

Between 3rd day of June, 2009 and the 4th day of September, 2015, the exact dates being

unknown to the Grand Jury, WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE

GALLERY, OR BILL LOWE GALLERY committed the offense of THEFT BY

CONVERSION as defined by O.C.G.A. § 16-8-4, for the said accused, in the County of Fulton

and State of Georgia, having lawfully obtained property of a value in excess of $500.00

belonging to INGRID MAGIDSON under an agreement and known legal obligation to make a specified application of said property, did knowingly convert said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, said accused being a trustee

of said artwork and funds and said owner being the beneficiary and the applicable statute of

limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

Queen of the House·n $11,000.00 $8,800.00 $4,400.00

English Gothic $14,000.00 $11,200.00 $5,600.00

Fairytales $15,000.00 $15,000.00 $7,500.00

Long Live Louie $12,000.00 $12,000.00 $6,000.00

APPROX. TOTAL $52,000.00 $47,000.00 $23,500.00

contrary to the laws of said State, the good order, peace and dignity thereof;

Page 18

COUNT 2

and the Grand Jurors aforesaid, in the name and on behalf of the citizens of Georgia, do charge

and accuse WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE GALLERY, OR

BILL LOWE GALLERY with the offense of THEFT BY CONVERSION under O.C.G.A. §

16-8-4, for the said accused, in the County of Fulton and State of Georgia, between the 11 tb day

of March, 2010 and the 7th day of October, 2011, the exact dates being unknown to the Grand

Jury, having lawfully obtained funds in an amount in excess of $500 and property of a value in

excess of $500.00 belonging to ABBY KASONIK under an agreement and known legal

obligation to make a specified application of said funds and disposition of said property, did

knowingly convert said funds and disposition of said property to his own use in violation of the

agreement and legal obligation, to wit: by unlawfully withholding sale proceeds for the artwork

consigned to him in trust and for that which he was commissioned to sell, said accused further

failing to return unsold artwork, as described below, the applicable statute of limitations period

having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

APPROX.

CONSIGNMENT

DATE

TITLE OF

ARTWORK

APPROX.

RETAIL

VALUE

APPROX.

SALE

AMOUNT

AMOUNT

DUE TO

ARTIST .

March 11,2010 Time Out #4 $6,500.00 $5,200.00 • tI II

LESS $700.00 PAYMENT MADE ON OR ABOUT AUGUST 11,2011

$1,900.00

-$700.00

APPROX. TOTAL

contrary to the laws of said State, the good order, peace and dignity thereof;

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COUNT 3

and the Grand Jurors aforesaid, in the name and on behalf of the citizens of Georgia, do charge

and accuse WILLIAM LOWE, d/b/a LOWE GALLERIES, INC., THE LOWE GALLERY, OR

BILL LOWE GALLERY with the offense of THEFT BY CONVERSION under O.C.G.A. §

16-8-4, for the said accused, in the County of Fulton and State of Georgia, between the 28th day

of September, 2012 and the 4th day of September, 2015, the exact dates being unknown to the

Grand Jury, having lawfully obtained funds in an amount in excess of $5,000.00 and property of

a value in excess of $5,000.00 belonging to STEVE SAS SCHWARTZ under an agreement and

known legal obligation to make a specified application of said funds and disposition of said

property, did knowingly convert said funds and disposition of said property to his own use in

violation of the agreement and legal obligation, to wit: by unlawfully withholding sale proceeds

for the artwork consigned to him in trust and for that which he was commissioned to sell, said

accused further failing to return unsold artwork, as described below, the applicable statute of

limitations period having been tolled pursuant to O.C.G.A. § 17-3-2 (4),

Neil Denari $15,000.00 $7,500.00 $15,000.00

$15,000.00 $7,500.00 APPROX. TOTAL $15,000.00

contrary to the laws of said State, the good order, peace and dignity thereof.

PAUL L. HOWARD, JR., District Attorney

Page 20

Related Clerk No:

Complaint #: 123031191

Defendant DA# Race Sex Birthdate OTN Agency

LOWE, WILLIAM 15DA00160 White Male 06112/1953 Atlanta Police Department

WITNESS LIST

INV. K. STAPLER, ATLANTA POLlCE DEPT. 1179

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