scandalous

With the close of September 8, 2009, Annie Leibovitz saw her deadline with Art Capital Group pass. The famous photographer could now lose her photo archive and New York real estate holdings. Yet, both sides are staying tight-lipped on what comes next.

Matthew Hiltzik, a spokesman for Leibovitz, says, "Annie is continuing to work to resolve this matter with Art Capital, according to a report by NPR. Montieth M. Illingworth, who is the spokesman for Art Capital Group, told me by e-mail today that there is "nothing to report right now."

What remains are choices ... all of them belonging to Art Capital Group. The art finance institution could allow Leibovitz to renegotiate, extend the loan's timeframe or take a portion or all of the collateral. The estimated value of all the collateral posted is between $80 million and $90 million, though the artistic and real estate assets may not sell as easily as some expect.

It seems as though Art Capital Group is approaching the situation delicately, as it wants to avoid the messiness of bankruptcy proceedings. The answers may come at the next court date, scheduled for October 2, 2009, unless the parties can come to an agreement before then.

In the ongoing legal struggle between celebrity photographer Annie Leibovitz and the art community's financial institution, Art Capital Group, the judge has decided to extend the clock. Though the photographer's payment is still due on September 8, 2009 (Tuesday), the next hearing with New York State Supreme Court Justice Bernard Fried won't occur until October 2. The experts, according to Bloomberg News, are chiming in that Art Capital Group is unlikely to declare Leibovitz in default, as that could push her into bankruptcy, which could cost the lender some cash and control over its own financial fate. Her real estate is estimated to be worth close to $40 million, and Art Capital Group puts the worth of her photo archive at above $50 million ... a bit higher now, thanks to the recent LeBron James shoot for Vanity Fair.

As if a lawsuit in state court weren't enough, Leibovitz may find herself in front of a federal judge, soon. Italian photographer Paolo Pizzetti filed the complaint, alleging that Leibovitz had hired him to take site-scouting photos and then used his product – without permission – in a LavAzza calendar, passing the photos off as her own. Specific sites shot include the Trevi Fountain in Rome and Plaza San Marco in Venice. The calendar was released last October. Pizzetti is looking for $150,000 per infringement and other unspecified damages. The Leibovitz camp has no comment yet, as it hasn't reviewed Pizzetti's filings.

Now that she's staring down a $24 million lawsuit, Annie Leibovitz is running out of choices. With Art Capital Group claiming the rights to her photo archive, real estate and other assets posted as collateral, some experts say bankruptcy would buy her some time to find a new plan. But, it would come at the cost of privacy, as the photographers finances would be thrust into the public eye.

Neither Leibovitz's attorneys nor financial advisers returned Bloomberg News' calls for comment, but experts suggest that desperate times call for desperate measures. Filing for protection would push litigation into the future and secure the artist a bit of leverage. Hell, maybe it would buy her some time to see if Miley Cyrus wants to get naked again. I don't know if that would be worth $24 million, but I'm sure it would help Leibovitz to chip away at the debt.

Industry insiders seem to call Art Capital Group a capital source of last resort, though that's probably a bit unfair. If you're pledging collateral or are otherwise transacting in an illiquid market, common sense is necessary. And, let's face it, if traditional banks played in this space, Leibovitz may not have been hit with such tough terms. But, it's hard to believe she didn't know the rules of the game.

Mum's the word for now on Leibovitz's future. One thing is certain, however: she didn't spend the money on makeup.

[Thanks, Jason, for the makeup crack]

Larry Salander's glory days may be behind him, but that doesn't mean he stopped being a target. The 60-year-old bankrupt former mover and shaker was arrested again this week on a fistful of felony charges. On the list are three counts of grand larceny in the first degree and a count of falsifying business records in the first degree. If the stars line up against Salander, he could face a total of 29 (25+4) years behind bars.

All of this comes on top of a 100-count indictment filed back in March, in which Salander was accused of stealing a whopping $88 million in art from 26 collectors around the world.

Salander's claim to fame was that he was the first half of New York's Salander-O'Reilly Galleries. Leigh Morse, who worked as the director, was also arrested, charged with grand larceny and scheming to defraud several high-profile art estates. She could do 11 years (7+4) if the worst arises.

Both have gone the "not guilty" route, with Salander out on bail and Morse out on bond. But, neither is likely to be selling art anytime soon (I guess they have bigger problems than the current slump).

Art collectors benefit in two ways. It looks like two (alleged) bad guys are being yanked from the art scene. And, Manhattan District Attorney Robert Morgenthau sweetened the pot by offering some advice: "be careful who you consign your art to."

Yeah, thanks.