In addition, one of the auctioneers, 52-year-old Stephen J. Bennett of Portsmouth, is charged with assaulting and imprisoning the painting’s owner who asked for payment after the item was seemingly sold at auction.

Bennett, who turned himself into police on April 6, is charged with misdemeanor counts of collusive bidding, conspiracy, simple assault and false imprisonment. He has been released on a $2,000 bond and is scheduled to be arraigned May 10 in the Portsmouth District Court.

Also arrested on April 6 was Harold French, another auctioneer from Warren, about 121 miles northwest of Portsmouth, has also been charged with a misdemeanor count of collusive bidding and one misdemeanor count of conspiracy for his actions in allegedly assisting in inflating the bidding price of the painting.

French, also 52 years old, was released on a $2,500 bond and is also scheduled to be arraigned on May 10. French told AntiqueWeek he plans to plead not guilty.

“It never occurred,” he said. “I can’t say anymore, at least while this case is in litigation; but when this goes to trial in June you’ll find it never occurred.”

Bennett did not return calls left at his auction house in Portsmouth.

The two men have also appeared before the New Hampshire State Board of Auctioneers, which is expected to deliberate on the alleged violations on May 3, according to Kaley Dion, administrative secretary of the organization.

Dion said, to her knowledge, this is the first disciplinary action regarding collusive bidding to come before the New Hampshire regulatory organization. Captain Mike Schwartz, community information officer with the Portsmouth Police Department, said this is the first such charges he has heard of in the state during his 25 years as a police officer.

“It’s my concern that this may be something that is going on that the public is not aware of,” Schwartz said.

On Dec. 18, “we received an assault complaint from a seller who went to Bennett to collect money, minus the commission, from a painting,” Schwartz said. “Bennett told him that the painting didn’t sell, pushed him back and blocked his path (from exiting the building).”

After the consignor told Bennett he saw the painting sell at the auction, the auctioneer identified French “as working for him,” Schwartz said.

During a subsequent investigation of Bennett’s auction house, Schwartz, said they found “more physical evidence,” including the painting in question, and an attached tag which recorded the “alleged sales price” of $1,200, and then “a zero” next to that figure.

“The tag shows the sales price of the high bidder, $1,200,” Schwartz said. “And then – and at this point this is only conjecture – but next to it is a zero, what we believe the painting actually sold for.”

Eric C. Rodenberg