Philatino arbitrage on the dispute
between Steven Fransen and Estudio 20 S.A.

In presence of three out of four members and the legal advisor and with the absence of the fourth member of the board who voluntarily rejected to participate considering unethical to judge on facts in conflict with is own interests, and upon a complete reading of both sides arguing and a free discussion, Philatino considers:

  1. The non authenticity of the objected items is not properly established, not even the counterpart is not objecting this particular, we found that xeroxes can easily be altered and those signing experts are not those on the list Estudio 20 posted in his conditions of sale that would be accepted by him as valid.

  2. The accusation of fraudulent behaviour is not demonstrated, and thus must be withdrawn, so far we found no basis or proof that Estudio 20 was aware of the non authenticity of the said objects before he posted same.

  3. Estudio 20 should have stated in descriptions the words "as is" to accomplish in full with Philatino rules, which he didn't, and thus, posted those two items in infraction.

  4. Estudio 20 saved his further responsibility warning by (both parties admitted) email to Mr. Fransen that he took no responsibility in regard to the authenticity and, subsequently he couldn't have compromise to pay vendors for an amount he didn't build.

  5. Mr Fransen kept bidding and rising the price at his own decision and risk, and properly warned by Estudio 20 about this particular.

  6. Estudio 20 has to understand that not even Mr Franzen is guilty for his loss, it result  inappropriate that cleverness of consignors could bring such huge earning with no basis or sustent.

  7. Mr Fransen has to understand that Estudio 20 did not act such wrong to have to pay consignors and also refund buyer for his irreflexive bidding.

For all those considerations Philatino arbitrates:

  1. Estudio 20 must refund Mr. Fransen both starting prices in full, and, if claim that controverted stamps are not forgeries and pretend reliable certificates, if those result negatives must also pay all expenses (previous and future) plus all mailing expenses and a 1,2% monthly interest for the total amount owed.

  2. Mr. Fransen can't request to Estudio 20 any refund for the final princes he promoted but may transfer claims to consignors at his own convenience.

  3. Estudio 20 has to negotiate with consignors a reasonable refund on behalf of Mr Fransen, and, if successless, must quit dealing with this consignor, return all consigned goods and inform this board to shut all Philatino dealers doors for their goods. Also Philatino will inform to the trade of their objectable behaviour.

  4. This arbitrage has to be posted at Philatino "safeguard" page in its entirety.

Approved and signed in unanimity, at Buenos Aires, 17.00 pm, 08/14/2008.

For complete information of both parties allegation please request a copy to: philatino@velocom.com.ar

Community Safeguard

We enclose herewith a denounce from the local Argentine expert comitee in regard to frauds found in the local market recently (and in a few cases at European auctions as well). The price climbing of post classic covers from Argentina promoted the appetite of forgerers and non trusty stamp operators in a wide scale.

The major danger here happens to be that a renowned local expert is also signing several of such forgeries as the ones exposed herein (hopefully in good faith, though it's hard to believe).

Karlheinz Wittig

Mr. Wittig wrote:

With Estudio 20 I had 10 or 15 years ago some trouble because they had very doubtful material. It seem to be also today: Lot 14 (Brazil) is such a lot. At 1850 there was no postal agreement between Brazil and Argentina. Therefore no stamps could be used to pay for a not existing tariff. For a single letter one had only to pay 60 Reis for the transport to the harbour, if not brought to a ship by a servant. The used old folded letter may be transported by someone directly to the adressee, so it bears no postal marks. A good item to produce a fantastic letter!

Who am I?

I am a collector of Brazil since 45 years, especially classic material. I am founder of the German Study Group for Brazilian Philately 35 years ago and was their president for 30 years. I had exhibited my collection of the Brazilian Empire twice at the BRASILIANA 1983 + 1993.

Sincerely

Karlheinz Wittig, Postfach

Estudio 20 wrote:

We regret to tell you that Porto Alegre is a Brazilian town and not an Argentine town, as your ignorance states. Such means that no postal agreement would exist between Brazil and Brazil and all your statement is a ridiculous pamphlet.

Is surprising to observe the potential of ignorance a jerk can accumulate. It may be the time for you to start taking very basic instruction such as elemental geography (of course, you must have to be philatelicaly ignorant, since you show the absolute blindness of your geographic knowledge). Maybe you have to start your instruction and obtain basic knowledge far under.

By the way: Do you read and write fluently???

In any case, it's a major offense to express jerk opinions publicly and sustain same on inexistent supposed philatelic antecedents or expo. Prices (which, for sure, must be as false and phony as your denounces are). If you're the founder of the German Study Group for Brazilian Philately and you show this level of ignorance, we're very worried about the level of your associates.

A copy of this response will be asked to be publicized on Philatino site and in the APS Journal, as they are very fond of this kind of shaming statements.

Estudio 20.

Mr. Wittig wrote:

Sir, I regret to have had wrong assumption when I wrote the mail, as I had in my mind another letter to Buenos Aires I saw just before. Certainly Porto Alegre is a Brazilian town. Yes, it's my fault. I apologise.

But your item is an ordinary letter, max 4/8 oitavas, and therefore it had maximum to pay 60 Reis for land- and 120 Reis for seatransport from Rio Grande to PA via Lagoa dos Patos, together 180 Reis and not 210 Reis. And all the stamps are "cancelled" with an doubtful dumb cancel coming in use since 1866.

Please, think it over. It may have had a very good reason for not have been sold at about 1850 US-$. Other people kwows also something of wrong tariffs and false cancels.

Have a good time.

And - by the way: Our Group has a good name in Brazil - ask for example Peter Meyer of Sao Paulo or José Junges in PA, if you would like it and - if you know them.

Karlheinz Wittig, Postfach