A Miami pastor was found guilty Tuesday of attempted grand larceny for trying to sell five fake Damien Hirst paintings for $185,000 to an undercover detective posing as an art buyer.
Kevin Sutherland, 46, faces up to 7 years behind bars for trying to peddle two sham “Spin” and three “Dot” prints by the English artist in February 2013 as pricey limited editions.
Prosecutors convinced a dozen Manhattan jurors that Sutherland, who runs his own non-denominational church in Florida and dabbled in artwork and real estate, knew the pieces were fake after being notified by Sotheby’s auction house but tried to sell them anyway.
“He falsely misrepresents to make the paintings seem genuine and sought after instead of in dispute,” said Assistant District Attorney Rachel Hochhauser during closing arguments Monday.
Jurors deliberated for a little more than five hours. Sutherland, whose wife was also in court, put his head in his hands as the verdict was read.
In December 2012, Sutherland sent Sotheby’s a colorful “Spin” painting for a March auction and told the auction house he had a second Hirst painting.
Sotheby’s checked the artwork’s authenticity with Hirst’s London-based studio Science Ltd., which determined the painting was fake and alerted the Manhattan DA’s office.
Authorities then set up a sting operation in which an undercover detective — posing as art buyer Mike Conti — showed interest in buying Sutherland’s Hirst paintings.
“Do you know of any issues” of authenticity, the undercover asked Sutherland about the art.
“There are no issues that I know of,” he replied.
Sutherland was arrested after he pocketed $185,000 cash for all five pieces.
Hirst’s studio later determined that all five paintings were counterfeit.
Sutherland, who testified in the weeklong trial, claimed Sotheby’s only vaguely told him the “Spin” piece was “not suitable for sale,” and never said it was inauthentic.
“We are of course disappointed in the verdict and we are going to look into all of our options as far as an appeal,” said Sutherland’s attorney Sam Talkin.
Sutherland is out on $100,000 bail. He will be sentenced May 19.
Sutherland purchased his entire Hirst collection from California art scammer Vincent Lopreto, who testified against the pastor as part of a plea deal. Lopreto, 48, and his cohort Ronald Bell, 49, pleaded guilty in January to selling fake Hirsts from their Laguna Beach art gallery.