The Art Gallery of Calgary is the defendant in a lawsuit alleging misappropriation of funds unjust enrichment and breach of contract trust and fiduciary duty. The suit also names AGC managing director Brian Hearst ARTdivas owner Gwen Randall and ARTdivas’ financial officer Catherine Spackman as defendants. Randall also sits on the AGC board of directors.
The lawsuit was filed August 21 by Kimberlee Wolfe a member of ARTdivas an art investment group formerly linked to the AGC.
Wolfe’s suit claims that in 2010 she and ARTdivas members bought shares of the Caroline Herschel Consortium and Sacajawea Consortium of artwork as donations in trust to ARTdivas and the ACG.
The AGC agreed to exhibit the art while ARTdivas would pay for its maintenance and shipping through a 2012 donation of nearly $20000.
The suit alleges Randall and Hearst used their signing authority to use $9995 of ARTdivas’ funds to pay museum operating expenses without the group’s permission. It also claims the museum has refused to send Wolfe financial records relevant to these activities. According to the suit because the dedicated funds were used for other expenditures the Caroline Herschel and Sacajawea pieces cannot be transported or exhibited.
Wolfe currently lives in Mexico and was unavailable for comment. Hearst did not reply to several interview requests from Fast Forward Weekly.
