THe deal was announced by New York Attorney General Andrew Cuomo, who had put a freeze on Merkin's assets. The Wall Street Journal says that around $192 million of the proceeds might make it into the hands of defrauded investors. The rest of the money will go toward paying liens on the art, sales commissions, fees and taxes. According to documents sourced by the WSJ, PaceWildenstein LLC, the gallery that acted as a sales representative for the family, has a $42 million lien on behalf of the Rothko family regarding those paintings bought in 2004 and it is possible that now they will buy those paintings back.
The WSJ article seems to indicate that the price for the collection is high given the recent art market slump. The painting shown at right "White Center (Yellow, Pink and Lavender on Rose)" which was sold by David Rockefeller in 2007 brought in $72.8 million at a Sotheby's auction but other Rothkos have sold for less and in recent months several Rothkos have failed to sell at all.