Here's the story of an honest man being Robbed by a Corrupt Museum and British Airways
Mr. Sachs has large storage yards located in Bay Shore, New York and Tucson, Arizona. At both of these locations, he stores and restores his stock of mostly demilitarized military equipment. However, neither storage yard was utilized for the Polaris Inter Continental Nuclear Ballistic Missile.Eager to show the museum a fast removal, despite the cost of foregoing a higher sale price, Mr. Sachs sold the Polaris Missile to the first of his contacts who demonstrated an interest for only $8000.00 (eight thousand dollars), paid the museum the previously agreed upon $1000.00 (one thousand dollars) and removed the missile from its property within weeks. The Polaris Inter Continental Nuclear Ballistic Missile could have been sold for five times this much had Mr. Sachs taken his time to properly market it. This was the only Polaris Inter Continental Nuclear Ballistic Missile in private hands in the world and even drew the attention of the F.B.I. and brought a visit to Mr. Sachs home from the Department Of Defense, Criminal Investigation Unit. Mr. Sachs as being known to these agency and have been cleared in the past to deal with active and demilitarized aviation items was cleared this time again. This Polaris Inter Continental Nuclear Ballistic Missile could have been sold for $50,000.00 (fifty thousand dollars) had Mr. Sachs took his time to sell it. But, instead he wanted to show his ability to help the museum in its time of need and to be rewarded with the sale of the Concord which to Mr. Sachs estimates could have sold for much more.
Following the amazingly fast resale, which the museum with all their contacts had been trying to sell it for over a year, that Mr. Sachs sold in days, a meeting was conducted at the museum staff room situated one floor below the Curator's office, in March of 2008.
This time a gentleman who Mr. Sachs had never met before was introduced to him as a museum executive by the curator Mr. Joshua Stoff and who was an active participant in the meeting. This person, on information and belief, was Tom Gwynne, Director of Programs for the Museum.
During this meeting a similar verbal agreement was made and again sealed with a hand shake. Mr. Sachs bought the highly desirable, Collectible Concorde Model made for British Airways, the only one of its kind in the world for $1.00 (one dollar), which was paid at the execution of the deal with a promise to pay the Museum $1000.00 (one thousand dollars) from the proceeds of the sale of the Concorde Model which must take place within the following six months. Again, the condition was expressly agreed to that if Mr. Sachs was unable to sell and/or remove the Concorde Model within the promised time, Mr. Sachs would render payment for liquidated damages the sum of $40,000.00 (forty thousand dollars). This would be used by the Cradle of Aviation museum to remove the Concorde Model outside the hanger until a final resting place could be found. There was an additional restriction verbally agreed to as follows: the sale of the said Collectible Concorde Model should not utilize the eBay auction site.
As with the Polaris Inter Continental Nuclear Ballistic Missile, it was intended, known, and clear to all that Mr. Sachs, upon the handshake and payment of the $1.00 (one dollar), immediately became the owner of the Concorde Model and therefore could sell it to anyone who could legally purchase it (United States citizen residing in the United States in the case of the Polaris) at his full discretion and without any approval from the museum. For all practical purposes, it was the same structure of a deal as with the amazingly fast sale of the Polaris Inter Continental Nuclear Ballistic Missile.
Following the verbal agreement, Mr. Sachs got to work and within days placed his reputation on the line and started marketing the sale of the Collectible Concorde Model. Using emails, telephone calls, and meetings with decades old personal friends and contacts around the country, Mr. Sachs also used a private email list which is circulated ONLY within the very closed Jewish Orthodox community (only to members of highly orthodox members of local congregations and which are strictly screened before becoming members ) and which is strictly controlled by moderators. The messages placed on this email distribution system cannot be sent to the individual members as they remain anonymous. It is sent to the moderator who inspects it and if approved, the MODERATOR who has the actual members' email (which is not visible to others) will distribute it.
One of Mr. Sachs emails to his contacts said: "I am looking for someone with an ego larger than the empire state building to buy [the Concorde Model] and place it on his building / business".
This email list has the potential to reach a large number of high end real estate developers and investors, which were the primary target of Mr. Sachs for the sale of the Collectible Concorde Model. In fact, at the time when the agreement was unilaterally terminated by the Museum, on information and belief, specifically Josh Stoff and Tom Gwynne, Mr. Sachs was already in the midst of talks with more than one developer with an interest in purchasing the Concorde from Mr. Sachs.
One of the potential buyers was operating a convention center near an airport catering to many aviation related conventions and the others with a hotel behind a raised highway who was looking for a dramatic display such as the Collectible Concorde Model to attract traffic. Another was a Shopping Mall owner near an airport, and there were others. All prospective buyers had been informed of the removal and shipping costs which would be an addition to the asking price by Mr. Sachs (which was $100,000.00). But for the unilateral breach of the verbal contract on the part of the Museum, Mr. Sachs would have sold the Concorde model.
The asking price was a reasonable tax deductible business expense for an item that cost nearly a million dollars to make over ten years ago and probably close to two million dollars in today's labor and material costs and that, when taking in to account its historical and collectable value, is probably worth millions of dollars, not to mention the exposure, attraction and attention it will bring to the business where it will be displayed. That alone is worth several times the asking price. No wonder there was a great response from many potential buyers who could use such large item as a promotion / marketing / exposure tool to their business / property at a fraction of the real cost of any similar attraction and interest generating marketing art piece. Upon information and belief, one of the anonymous recipients on this private email list was a Jewish Orthodox executive from the well-known NYC Public Relations Company, Rubinstein Associates, Inc. which apparently had British Airways and / or the Cradle of Aviation museum as their clients at that time. This executive intentionally interfered with the agreement and caused the entire management of the Cradle of Aviation museum to take cover and immediately and wrongly withdraw the previous agreement by breaching and terminating the deal made with Mr. Sachs. On information and belief, British Airways took the position with the Museum that the sale to Mr. Sachs was not approved of by them.
The excuse given to Mr. Sachs by the Museum was that the one Million Dollars Collectible Concorde Model was given to the Cradle of Aviation museum by British Airways with the understanding that the Cradle of Aviation museum would dedicate the space and will exhibit the beautiful one million dollars Collectible Concorde Model to the public and providing Advertisement and public relations to the company.
The Cradle of Aviation museum failed to do so and as illustrated in Exhibit B :http://www.jetjewel.com/JET/CONCORD.html
The beautiful one million dollars Collectible Concorde Model was placed for a decade in an old closed hanger collecting bird droppings and was never on display to the public. This alleged restriction on the use of the Concorde Model was never disclosed to Mr. Sachs by the management of The Cradle of Aviation Museum.
On April 2011 Mr. Sachs learned that the said Collectible Concorde Model is scheduled to be sold at auction for $150,000.00 (one hundred and fifty thousand dollars) on May 5, 2011 at one of the world's most famous auction houses at their NYC offices: See Details
Based on the above facts and circumstances, and spurred by this new knowledge, which undercuts the Museum's pretextual breach and/or termination of the sale and contract between Mr. Sachs and the Museum, this suit was commenced. It also demonstrates culpability on the part of British Airways, since if the model can be sold now; there was no basis for the termination of the sale to Mr. Sachs.
Click here to the view the complaint filed with the Supreme Court of New York.