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THUNDER BAY — A Thunder Bay judge said the largest art fraud in history did much more than propagate forged artworks of Indigenous artist Norval Morrisseau, it appropriated an entire culture and diminished Canadian art as a whole.
“This case has local, national, and in fact international significance. We’ve heard that Norval Morrisseau was a pioneer for Indigenous art and Indigenous artists. His style is recognizable and it is prized in the art world,” said Justice Bonnie Warkentin.
“In this case, the damage is profound. This is more than just an art fraud. It is the appropriation of a cultural and spiritual identity of one of Canada’s most beloved artists.”
Warkentin, speaking at the sentencing hearing for 52-year-old David Voss of Thunder Bay, sentenced him to five years in custody.
He had already pleaded guilty to one count of forgery and one count of uttering forged documents in June.
Voss, along with eight others, was charged in March 2023 following a multi-year investigation by the Thunder Bay Police Service and the Ontario Provincial Police into what has been called the largest art fraud ring in the world.
The investigation revealed there are likely between 4,500 and 6,000 forged Morrisseau artworks in existence created by several art fraud rings, one of which was operated by Voss in Thunder Bay.
Morrisseau, also known as Copper Thunderbird, was from Bingwi Neyaashi Anishinaabek First Nation. He is known for founding the Woodlands School of Art and his work has been exhibited in galleries across Canada, the United States, and Europe.
In June, the court heard that between 1996 and 2019 Voss produced or oversaw the production of between 1,500 and 2,000 fake Morrisseau paintings that were then distributed to galleries and sold to third party buyers.
During the sentencing hearing on Thursday in a Thunder Bay courtroom, adorned with several forged works, Crown attorney Joseph Heller said Voss played a role in “one of the largest and most damaging art frauds in our country’s history.”
“This was in no way a spontaneous or isolated incident. It was a well-executed criminal enterprise for which Voss bears responsibility.”
Financial loss to Morrisseau estate estimated to be $100 million
Several victim impact statements were shared with the court, which included Kevin Hearn from the Canadian rock band The Barenaked Ladies.
Hearn was featured in the 2019 documentary film, There Are No Fakes, detailing a civil case he filed against an art gallery after learning a Morrisseau painting he purchased was a forgery.
In his statement to the court, Hearn said he purchased a Morrisseau painting for $20,000 and was told he was lucky to get it at such a price. He later loaned the painting to the Art Gallery of Ontario.
“I know those claims are all lies. It did not come from Norval, it came from Voss. I was anything but lucky to buy it,” he said. “Pride turned to humiliation when I was told the painting was likely a fake and removed from the gallery wall.”
Hearn said he experienced a campaign of fear and intimidation from Voss’s fraud ring that has left a significant impact on him and his family.
“As of my writing this, Voss has shown neither remorse no accountability for the suffering he has caused to me,” Hearn said. “But I am just one small piece of the damage he has caused. His calculated fraud has not only stole and utilized Norval’s identity as expressed in his work, Voss has also exploited the art world and Indigenous culture.”
Other victim impact statements detailed individuals purchasing what were thought to be authentic Morrisseau works, with one individual stating she purchased seven paintings for more than $116,000.
“Not only did it besmirch the legacy of Norval Morrisseau, a Canadian icon, [Voss] stole a significant amount of money from us,” the statement reads. “Voss’s fraud on us, other unsuspecting collectors, and collectively on all Canadians has been extraordinarily damaging on so many levels.”
In another statement, a buyer said the financial loss has been devastating, but also expressed the emotional toll it has taken and a growing distrust of the art world and people in general.
“Norval Morrisseau is not only a pioneer of the Woodland School of Art, but also a visionary who brought Indigenous spirituality and culture to the forefront of contemporary art,” another statement reads. “The emotional and cultural impact is far more profound.”
Corey Dingle, who shared a statement on behalf of the Morrisseau estate, said these crimes have left an emotional devastation that is immeasurable.
“The toll has been great and is expected to continue for many years if not decades to come,” he said. “It is a cultural crime that goes beyond financial losses, reaching into the heart of Indigenous heritage.”
Dingle added the flooding of the art market with so many fakes has significantly devalued authentic Morrisseau works, which could take more than 100 years to resolve.
It was also estimated by Dingle that the total financial loss to the Morrisseau estate could be more than $100 million.
“It is crucial for the guilty parties to fully cooperate and identify all forged works,” he said. “Every day we are victims to this crime and will continue to be and will live with this crime forever.”
But beyond the financial losses and damage to the art market, Dingle shared the pain and sadness that Morrisseau experienced in the later years of his life when battling Parkinson’s disease.
“Norval Morrisseau, the man’s entire life was dedicated to teaching Canadian people how to be better individuals. The commitment to his art and teaching was unwavering. To see this happen to one of Canada’s greatest artists is truly heartbreaking,” he said.
“For his descendants, preserving and sharing these teachings were our top priority. Our inability to share his art and cultural lessons with the world has been a heartbreaking consequence. In the process, these criminals made a mockery of all that Norval experienced and tried to put on canvas.”
Sentence does not include restitution order
Heller acknowledged Voss’s guilty plea as a mitigating factor. Initially the case was scheduled for a five-month-long jury trial, but by pleading guilty, Heller said Voss saved significant judicial resources.
“Mr. Voss’s guilty plea and detailed admissions underlying that plea is an acceptance of responsibility for his actions,” Heller said.
“No doubt the Crown would be seeking a sentence beyond that range if we went to trial, which speaks to the weight of his guilty plea,” added defence counsel Justin Blanco.
But Heller also cited several aggravating factors in this case, which included the complexity of the art fraud ring, the number of forgeries produced, the lasting impact it leaves, and the motivation of greed.
The five-year sentence reached as part of a joint submission between Heller and Blanco reflects the range of three to five years in similar large scale fraud cases.
It is also in parity to the sentence given to Gary Lamont, who was responsible for another Morrisseau art fraud ring.
Lamont pleaded guilty to one count of forgery and one count of defrauding the public above $5,000 and was sentenced to five years in December 2023.
Heller also said in his submissions that the Crown was not seeking a restitution order for the money paid for forged works due to the complexity of the case.
“A sentence that best reflects proportionality is a penitentiary sentence that is not reduced by a restitution order that is complicated to calculate and likely would not be paid in the first place,” he said.
Warkentin agreed with the joint submission of a five-year sentence, as well as the Crown’s position on the restitution order.
“In this case, there is no real possibility of recovery, even if such an order was made,” she said. “But the five-year sentence is significant and should not be lowered or reduced in favour of restitution.”
Warkentin added that it does not prevent individuals from seeking restitution through civil proceedings.
A separate forfeiture hearing regarding some of the seized works from third parties who have not consented to the forfeiture or not indicated a position still needs to be scheduled.
The other individuals charged by police as part of the investigation include Benjamin Morrisseau, 53, Diane Marie Champagne, 63, Linda Tkachyk, 59, all from Thunder Bay, as well as Jeffrey Cowan, 47, of Niagara-on-the-Lake, James White, 81, of Essa Township, and David Bremner, 75, of Locust Hill.
The charges against Tkachyk were withdrawn following Lamont’s sentencing and on Thursday the charges against Champagne were withdrawn following Voss’s sentencing.
A hearing for Benjamin Morrisseau was held earlier this year and the matter will return next October to set a date for a potential resolution.