Rare Book Monthly

Articles - August - 2009 Issue

Who Bears the Loss from the David Slade Thefts?

Davidsladeaba

David Slade (from the ABA Newsletter).


By Michael Stillman

One of the uglier criminal book theft cases came to its legal conclusion earlier this year when David Slade, Past President of England's Antiquarian Booksellers Association, was sentenced to 28 months in prison. Slade had been hired by the very wealthy Sir Evelyn de Rothschild to catalogue his library. Slade provided "services" beyond those called for in the contract, namely, pilfering at least $340,000 worth of books. He pleaded guilty. The case has been an enormous embarrassment to the ABA and booksellers everywhere, but Slade, whose reputation and finances are in shambles, has paid dearly for his actions. Unfortunately, he is not the only one likely to pay for his crimes, and herein lies one of the uglier side effects of this sordid tale. Which innocent bystanders will also be forced to pay for Mr. Slade's crimes?

The sentencing of Mr. Slade ended the criminal case, but left unresolved who bears the financial losses. Here is the problem. When the stolen books were sold, Mr. Slade received the proceeds. To the extent he still has them, he will be required to return the money to the innocent victims. However, according to the court, Mr. Slade was not so much motivated by greed as by financial difficulties. He needed the money to keep his head above water. In other words, most of the money he received is long gone. Someone is going to be out the ill-gained money he spent. The question is... who?

The answer likely depends on which group of books is considered. There are two: those which can be traced, and those which cannot. Those which cannot be traced beyond Mr. Slade, will almost certainly end up being Mr. Rothschild's loss. Those which can be traced, especially those which are recovered, will likely result in someone else's loss.

The reason those that cannot be traced will likely be Mr. Rothschild's loss is there is simply no one else in the chain, other than the broke Mr. Slade, who can be held accountable. However, for those books that are found, and we are not familiar enough with British law to be certain, but in most American jurisdictions, the loss would probably fall to the first person in the chain who has enough money to repay. First off, since the books are stolen property, Mr. Rothschild is entitled to their return. So, for example, if Bookseller #1 bought a stolen book from Mr. Slade, then sold it to Bookseller #2, who sold it to Mr. Collector, Mr. Collector would be obligated to give the stolen book back to Mr. Rothschild. He would receive nothing from Mr. Rothschild in return, though he may have spent thousands of dollars to buy the book. Too bad. He is out the money. However, Mr. Collector would be entitled to sue Bookseller #2 for selling him a book he did not own, and thereby recover his losses. Bookseller #2 could in turn sue Bookseller #1 on the same grounds. So in this case, it is Bookseller #1 who ends up losing his money. The only person he could sue, Mr. Slade, has no money to repay him. Now if Bookseller #1, like Mr. Slade, is broke, the loss then ends with Bookseller #2, and if he too is broke, Mr. Collector ends up as the loser. Only Mr. Rothschild is safe from loss if the book is found.

Rare Book Monthly

  • <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Aegidius Sadeler (Flemish, 1570-1629), engraving on laid paper "Madonna and Child in a Landscape", after a drawing by Albrecht Durer. $800 to $1,200
    <b>William Bunch Auctions, Oct. 29:</b> Anders Zorn (Swedish, 1860-1920), drypoint etching on paper "On Hemso Island", 1917, pencil signed. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Joseph Pennell (American, 1860-1926), etching on paper "Setting Up Columns", pencil signed. $200 to $300
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> William Lee Hankey (British, 1869-1952), drypoint etching on paper "Affection", pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> William Walcot (English, 1874-1943), drypoint etching on paper "Lower Broadway, New York", 1924, pencil signed. $200 to $300
    <b>William Bunch Auctions, Oct. 29:</b> Auguste Brouet (French, 1872-1941), color etching "La Pirouette", pencil signed, ed 111/250. $400 to $600
    <center><b>William Bunch Auctions<br>October Fine Art and Prints<br>October 29, 2018</b>
    <b>William Bunch Auctions, Oct. 29:</b> Thomas Hart Benton (American, 1889-1975), lithograph on paper "The Boy", pencil signed. $2,000 to $3,000
    <b>William Bunch Auctions, Oct. 29:</b> John Stockton de Martelly (American, 1903-1979), lithograph on paper "Looking at the Sunshine", pencil signed, original AAA certificate. $400 to $600
    <b>William Bunch Auctions, Oct. 29:</b> Jacques Hnizdovsky (Ukrainian-American, 1915-1985), woodcut on paper "Moppet", pencil signed and dated 1965, ed 118/250. $400 to $600
  • <b>Swann Auction Galleries Oct 16:</b> Jean de Mandeville, <i>Reysen und Wanderschafften durch das Gelobte Land,</i> Strassburg, 1488. $15,000 to $25,000.
    <b>Swann Auction Galleries Oct 16:</b> Titus Livius, <i>Las Quatorze Decadas,</i> Zaragoza, 1520. $3,000 to $5,000.
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    <b>Swann Auction Galleries Oct 16:</b> Jean La Fontaine, <i>Fables Choisies, mises en Vers,</i> first editions, Paris, 1668. $10,000 to $15,000.
    <b>Swann Auction Galleries Oct 16:</b> Giovanni Boccaccio, <i>De las mujeres illustres en romance,</i> Zaragoza, 1494. $20,000 to $30,000.
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    <b>Swann Auction Galleries Oct 16:</b> José González Cabrera Bueno, <i>Navegación Especulativa, y Práctica,</i> Manila, 1734. $8,000 to $12,000.
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    <b>Swann Auction Galleries Oct 16:</b> Joseph Boneta y Laplana, <i>Gritos del Purgatorio, y Medios para acallarlos,</i> Manila, 1711. $4,000 to $6,000.
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    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> BARTHOLOMEUS ANGLICUS. <i>Le Proprietaire des choses.</i> Lyon, [circa 1484]. 150 000 / 200 000 €
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    <b>The Library of Pierre Bergé, NY exhibition 10/16 to 10/20:</b> MONSTRELET, Enguerrand de. <i>Le Premier [-Tiers] Volume des Cronicques.</i> Paris, circa 1503.<br>300 000 / 400 000 €
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    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
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    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
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    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. $70,000 to $100,000
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    <b>Bonhams, Sep. 25:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. $25,000 to $35,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. $4,000 to $6,000
    <b>Bonhams, Sep. 25:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. $30,000 to $50,000
    <b>Bonhams, Sep. 25:</b> After Fra Egnazio Danti. <i>L'Ultime Parti not:e nel Indie Occid:ntli" [The last known parts of the Western Indies].</i> Painted Map of California, Western Mexico, and Japan. $70,000 to $100,000
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