When managers of Harley-Davidson of Lindon called police last Saturday morning and reported that friend of the industry Jeff Decker 4-ton metal statue called “Land Speed” was missing (see my original post), quite a few people were smiling, including myself. Not because of the audacity of the theft but because many knew that this piece of art was never paid to Jeff by the Harley dealership owner.
Yesterday, the statue was found at Jeff’s home, Jeff believing that the statue is his property and was on loan, while the Harley-Davidson motorcycle dealership listed it as an asset in its current bankruptcy filing. Lindon Police Chief Cody Cullimore says that Jeff Decker admitted he was involved in arranging to have it removed from Timpanogos Harley-Davidson’s property.
Jeff has a buyer for the artwork, somewhere back in the Midwest, and that’s is what he states his intentions were: to sell the artwork he believes is his. ” The police will pass the case to prosecutors, who will have to determine if it is a criminal case or a civil one. Now you understand the conclusion of my former post where I was saying “Is it a case of repossessed motorcycle?”. A thief stolen by the legitimate owner? Congrats Jeff. Fight this one. For sure you will win. Jeff Decker Studio.
Jeff could have a serious legal problem here if the “asset” is listed as part of a bankruptcy. As we all know once the bankruptcy is filed all collection efferts MUST stop. If he ever invoiced the dealership for the artwork he is in trouble. I wish him well but ……
Over & Out,
Jeff
Yep, Jeff needs to “find” some paperwork pretty quick, otherwise he’s just another creditor standing in line….
Can’t believe it will turn into a criminal case, unless the dealership owner just freaks out- prolly has bigger worries at the moment….
therwise, should the dealer list the statue as an asset, he’ll have fun explaining to the IRS why he doesn’t have any record of paying for it, or paying taxes if he claims Jeff gifted it to him……
When the state sniffs money, time to get a (gag) lawyer…
Good Luck Jeff in recovering your labor of love to dispose of as you please.
The H D dealer in Lindon, Ut. sounds like a place to avoid. Seems a little shady to say the least.
Raycwheeler USA
Isn’t it too bad that we live in a world where a guy can’t take matters into his own hands and do what’s right…
To the contrary Lyle, I think that’s exactly what Decker did. Good on him for not waiting around for some slimeball lawyer to screw him out of his hard work. Possession is 9/10ths of the law as they say and that puts him in a good spot to retain his artwork. The H-D dealer listing the piece as an asset on their bankruptcy filing doesn’t mean shit if they don’t have paperwork showing the purchase from Decker. He’s on solid ground at this point.
I know I for one am shocked that you can’t necessarily trust a Harley dealer!!! Say it ain’t so!!!
Man, I feel for Jeff. Hope he can get his property back without too much hassle.
Call me naieve but if it’s a one-of-a-kind piece of art that’s “on loan”, I don’t know how that would make him a creditor against the dealership, unless he was seeking payment for damage or transport!
I think Jeff Nicklus got this one right. If this statue was listed in the bankruptcy filing as an asset of the dealership then it will be tided up in the courts until this is all figured out by the trustie assigned to deal with the bankruptcy. If this guy did take this from the dealership without the dealer knowing and that appears to be the case. He could find himself in jail for theft, and then It would be up to him to prove he did loan it and not sell it or give it to the dealership. That could be very tough to do at this point and very expensive. The thing that looks bad for the artist is that he obviously had it taken while the dealership was closed without the dealership knowing he was going to do so, If he has legal right to this statue than why take it when the dealership is closed? This could be a case of the dealer oweing him money on the statue but that fact would not allow him to repo the item without the courts approval. To do a repo legally he would have to have a judgement from the courts for the unpaid amount and a writ of execution signed by a judge in order to repo it legally. And even then he could not take it legally because the dealer had filed for bankruptcy. At this point he will have to hire an attorney and file a motion to lift stay. That would allow him to separate his item from the rest of the bankruptcy items. And the trustie will only separate his statue from the other items if he can prove it is his sole property. If the dealer has paid even one dollar it is the dealerships property and he is going to have to get in line with the other creditors to collect any balance owed. This looks like it might be a case of the artist thinking he could repo his work but in reality he has caused himself a huge problem. Does anyone remember what happened to OJ Simpson? He took the law into his own hands and repo’d his items and is in prison because of it. Hopefully this guy can show that the statue does belong to him and that it was on loan to the dealer and that the dealer had wrongfully listed it as an item they owned in the bankruptcy.
JMO,
One more thing …. If Decker sold the item to the dealership and (Decker) retained the item as collateral until the debtor paid the art in full, he is then a secured creditor …. still the trustee must separate the property from the bankruptcy and award the collateral to the lien holder BEFORE it can be “repo’d” … I will be shocked if the trustee doesn’t have the US Attorney at least “discuss” the situation with Decker and he (US Attorney) could even seek criminal charges against him.
Over & Out,
Jeff
Just curious, what’s the value of a piece of art like this?
statue of liberty, on loan from France? hold on
Regardless of the outcome the price of this art just increased and we may not know for several years.
I think we need a little Texas justice here
Before taking action I hope that Jeff Decker took legal advice. But I don’t see any lawyer telling him to do what he did…
“statue of liberty, on loan from France? hold on”
nah, we gave it to you as a reward for kicking the Brits where it hurts most, something we haven’t done ourselves since 1066.
The Statue of Liberty was not on loan from France, it was a gift FROM France.
good jeff i’m with you they don’t paid that yours
is the way he need to be
any way all this big harley dealer they want everything for free f… them
In light of the things which have been published which impugn the honesty and integrity of my client, Jeff Decker, the following information is being release to set the public record straight. Mr. Decker is the only licensed sculptor in the world authorized by Harley-Davidson, Inc. and Harley-Davidson U.S.A. to sculpt historic Harley-Davidson motorcycles. Mr. Decker is passionate about historic Harley-Davidson motorcycles, and has created a number of sculptures involving Harley-Davidson motorcycles. On October 13, 2008, Mr. Decker made an agreement with Dave Tuomisto, then owner of Timpanogos Harley-Davidson, wherein Mr. Decker agreed to loan an original work created by Mr. Decker known as the Joe Petrali Landspeed Sculpture to display at Timpanogos Harley-Davidson. Attached hereto is a copy of the signed agreement. The agreement was made between two friends and was not drafted by a lawyer. Nevertheless, the agreement makes it clear that the subject sculpture was on loan to Timpanogos Harley-Davidson period! Furthermore, the agreement makes it clear that Mr. Decker had the right to pick up his original sculpture at any time as long as it was not during business hours. Furthermore, the loan agreement makes it clear that Mr. Decker has the right to not only take the sculpture, but also the stone base to which the sculpture is permanently attached. After a bankruptcy proceeding, Timpanogos Harley-Davidson was purchased by another party. The bankruptcy paperwork for Timpanogos Harley Davidson clearly lists the Joe Petrali statue under paragraph 14 of the bankruptcy form which identifies “Property held for another person.” Hippodrome Studio, owned by Mr. Decker, is identified on Exhibit C relating to paragraph 14 of the bankruptcy filing. While it is regrettable that the attorney preparing the bankruptcy paperwork was not more clear in spelling out that Hippodrome Studio “is the owner of the Joe Petrali sculpture”, there is obviously no other purpose to identify Hippodrome Studio on the bankruptcy paperwork along with the Joe Petrali statue other than to identify its owner. While the current owner of Timpanogos Harley-Davidson apparently has a bill of sale from the bankruptcy court which erroneously identifies Mr. Decker’s sculpture as an asset of Timpanogos Harley-Davidson, Mr. Decker’s sculpture is not and never has been owned in any manner by Timpanogos Harley-Davidson, and an apparent error by the bankruptcy court in including an asset which it did not own or control on a Bill of Sale does not change the legal fact that the subject sculpture is and always has been the property of Mr. Decker. Mr. Decker regrets that there has been so much attention brought to this private matter, and hopes that this statement sets the record straight for all interested parties.
Randall K. Spencer
FILLMORE SPENCER LLC
Attorneys at Law
3301 N. University Ave.
Provo, Utah 84604
tel: (801) 426-8200
fax: (801) 426-8208
rspencer@fslaw.com
Well that settles that now doesn’t it?
Over & Out,
Jeff
GOOD FOR YOU JEFF !! It’s your imagination and skill that created this masterpiece and be damned if anyone should claim any part of it !! I would have done the same damn thing !
Miles G,. Brown E’Ville Twin Motorsickle Co.
Yes, honesty pays..
ray usa
Good to know it is in the right hands. I would hate to see such a nice piece of art lost to a thief.
Come on Fluke you have beat us at Football quite a bit recently!
Just got home from Deckers studio, the news channels seemed like they reported mis_ information from the start. Plus it seems they had the correct information hours before their (KSL) broadcast. Going to Sturgis? Plan your stops accordingly.
One more thing, everyone that signed in today on Deckers behalf, “Right On” for hanging with a brother! To everyone else, it will be good fun to see who has your back someday when you need it.
Hope Cyril posts this comment tomorrow so you can get a little food for thought.
Jeff,
To me the case is simple. Have the Harley-Davidson dealership show proof that they paid fair market value for the art. Absent such proof, the dealership may have committed a fraud in the bankruptcy filing. Time for the dealership (the corporation or the officer of the corporation who signed the bankruptcy filing) to “take the fifth” and time for you to sell the art.
All the best to you Jeff. Love the art!!!!
Clarke
Hi Jeff,
I met you at Del Mar around 2001. You had some knobs pre-cast for customers then, on display, until they picked them up at the show.
If you still casting small parts, I’d like to have an aluminum shifter knob cast. It would need to be the exact same weight as the 33745-31 Hand Shift Knob, but for my ratchet jockey lever. 3/8 x 24 thread, but threads into a brass insert not into aluminum.
Let me know if you are. – KIrk
Meanwhile, another dealership turned tits up. How many have gone that way this year. Cyril, I would like to see a tabulation. THanx
Good for you Jeff. I way underestimated you! I have a feeling if you got this far you probably have the rest of the plan figured out but just in case, I have some ideas! If you ever need anything, I am here!
Right On Jeff Decker!!!!!!!!!!!!!!
its the way of the future .glad to see sombody man up and take his shit back from the giant HD
RESPECTFULLY
CHOPPER TIME,WILLIE