I'm posting the below on behalf of a friend who isn't a board member, but we agreed that it was a horror story/warning that needed to be put out there as much as possible. Read on....
Hi Everyone,
I just wanted to email everyone and warn people against
commissioning Josef Rubinstein. I’m sure
that you’ve probably heard all this before, but I just wanted to put it out
there just in case there was anyone thinking about commissioning him OR if he’s
contacted anyone trying to set up a commission through CAF.
Back in May 2009, Josef Rubinstein contacted me through CAF saying
that he liked my gallery and really wanted to do something for it. At the time I was saving for Comic Con and so
I couldn’t afford anything and so I asked him to email me back a
few months later and we would try to arrange something. In August he emailed me again asking if I was
ready to work out the commission and once again I told him that I wasn’t ready
and to contact me again in October. Toward the end of October Josef emailed me again and I felt that his
persistence was a very positive thing and so I decided to go ahead and
commission him.
I gave him a few options of what I would like and he picked one
and before I even sent my payment he had drawn up a rough sketch and emailed me
a scan.
On November 9th, 2009, I paid him and he told me that the
painting would be finished by the end of the year, which I felt was a bit fast,
but who am I to say how he works.
In March 2010 I emailed Josef and asked about the status of the
commission. He emailed me back promptly
and said that he was working on inking some book and that he had to put the
commission to the side, but that once he was finished he would finish it up and
email him in a few weeks, which I felt was more than reasonable. I mean, artists, do have day jobs and commissions cannot be their top responsibility.
In June 2010 I emailed again asking about the status and he said
that he was working on it and it should be done soon and I should email him in
a few weeks.
I emailed in September and he explained that he had to go out of
town and he wasn’t able to finish it, but he would be returning soon and he
would finish it when he got back.
I emailed again in December…twice actually, and never got a
response to either email.
In January, February and March 2011 I emailed and asked for an
update and never received responses.
In April I contacted Spencer Beck (his art rep) and asked if he
could be assistance in getting in contact with Josef since I was not having any luck at all with contacting him, and because Spencer is awesome and helpful he said that he would try. I got a
response from Josef, after several months of silence, and he said he was working on a deadline and that he had “a color sketch to OK” and that he would be finishing the
deadline the following Monday and would finish it at that point. I did not hear from him after that.
Beginning in May and for the remainder of the year, I emailed him once a month asking for the
status and didn’t receive a single email back.
On February 16th, 2012 I emailed him, after
finding out that he had been using CAF to solicit other collectors to get
commissions from him over the past 6 months, and explained my disappointment
about all this and told him that I either wanted my money refunded or I wanted
the art by March 16th. I felt
that after waiting more than 2 years, I could wait another month. I told him that if I did not receive either a
refund or the art I would be filing a Mail Fraud report, an Internet Fraud
report and posting my experience with him on various art forums and mailing
lists.
I heard back from him within minutes of sending the
email.
He didn’t make any excuses and said that he would get to it and have it done by March 16th…and
asked me to remind him exactly what I had commissioned from him. This sort of irritated me simply because he
had told me that it was in progress for the past two years, when in actuality
it wasn’t. I sent him the scan he had sent me and mentioned that if he was
starting from scratch there was a little change I would like him to make if he
was willing. Once again he responded immediately
with an adjusted scan.
On March 14th, having not received the art or
heard from him I emailed him again asking about the status and he responded saying
that he had put down an ink wash and would be finishing it up that weekend. I asked for a scan and I did not hear from
him again.
Now I was giving him the benefit of the doubt thinking
that MAYBE he really was working on it and that it would arrive within the
following few weeks, but it’s been nearly two months since my deadline where he
promised me the art and it still hasn’t arrived…a full two years and six months
since the commission was arranged and paid for. He refuses to refund my payment and has not
yet sent the art...and he probably hasn't even started it based on his track record (although I would hope that I'm wrong).
Today I called the United States Postal Inspections
Service and filed a Mail Fraud report and the Inspector person told me that I
should also file an Internet Fraud report, a Wire Fraud report (through the
FBI) since my payment was made through Paypal and file police reports both here
and in Valencia, California where Josef lives.
So, over the next few days I need to gather all the
email to and from Josef in order to file the reports. I hate to do this but really he hasn’t really
left me much of a choice.
Really, the whole reason for me sending this email out
to the group is to warn everyone from commissioning Josef Rubinstein AND if you
have an outstanding commission from him and feel that you are in the same
situation as I am, please do something about it. I have been waiting for two and a half years
and I have tried to resolve the situation every way possible and unfortunately
it’s come to this. Please be warned
that, if you commission Josef Rubinstein, there is a really good chance you may
never get your art…or at the very least have an incredibly long wait ahead of
you.
If things progress I will definitely keep the group
updated.
Rob