Man Charged With Selling Stolen Warhol

(Nov. 23) - In the pop art world, the provocative Andy Warhol made a big splash. On Monday, one of his classic works proved his 15 minutes are far from over.

Federal authorities announced Nov. 23 they had charged James S. Biear, 49, of Ossining, N.Y., with stealing a Warhol work -- a silkscreen on a wooden crate mimicking a Heinz 57 case of ketchup -- and selling it to an unwitting New York art collector for about $220,000.

Biear turned himself in to authorities Monday and faces one count of wire fraud and one count of mail fraud, authorities said. If convicted, he could be sentenced to up to 40 years in prison, although sentencing guidelines would recommend a much shorter term.

According to an FBI affidavit, Biear worked for two years as a driver for a well-heeled art collector with homes in both New York and Vermont. Warhol had given "Heinz 57" to the collector in 1964.

From March 2005 to August 2007, the affidavit said, Biear assumed increasing responsibilities in the collector's household. He was able to come and go as he pleased from his employer's two residences.

In April 2007, the employer had a birthday party at his New York residence. After that party, he noticed the Warhol piece was missing, the affidavit said.

Meanwhile, the FBI said, Biear approached the New York collector and sold the box. He said he had received it from an uncle and he held legal title, according to the affidavit.

Besides his problems with the feds, Biear also faces state charges. The Westchester County District Attorney's Office said Friday it has filed a felony complaint charging Biear with criminal possession of stolen property in the second degree. He is accused of stealing an ink drawing by Francis Picabia titled "Jean Cocteau par Francis Picabia" from his former employer.

Art theft is an international problem that results in losses of up to $6 billion a year, the FBI said. The bureau has an Art Crime Team comprised of 13 agents supported by three special trial attorneys. The agency also runs the National Stolen Art file, a computerized index of reported stolen art and cultural properties, for the use of law enforcement agencies around the world.