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News Article
JC Devine auction closes, consignors complaining
By Robert Kyle

MILFORD, N.H. — An enduring fixture in the firearms trade abruptly ended its 35-year run when management unexpectedly canceled the JC Devine May 9 auction at the Radisson hotel in Nashua, N.H. The surprising decision followed numerous complaints by consignors that they had not been paid after Devine’s last auction.

The company’s collapse follows Joseph C. Devine’s death on Feb. 24 while he was wintering in Sebastian, Fla. He was 72. His death was not widely known in the firearms collecting community.

On March 9 the Antiques & The Arts Weekly published a press release issued by the company announcing Devine’s death. It included the pledge: “We will work diligently to continue what he started and continue to provide our customers the best service in a professional manner.”

Company information on its Auction Zip page still displayed a photo of Joe Devine, but gave the contact person as Bernice Rankins, office manager. A description included this assurance: “We carry all risk insurance on our consignors’ goods by an A-rated insurance company. We can provide references from consignors, banks, collectors, dealers and executors.”

The March 7 auction took place as scheduled in the grand ballroom of the Radisson in Nashua. Devine had moved his sales there in 2007 after conducting them at the Wayfarer Convention Center in Bedford, N.H. The March event was the first sale without Devine guidance since he started the business in 1975.

A second auction had been set for May 9. Steve Lambert, general manager of the Radisson, recalled that Devine’s staff had been advised by the hotel that they had picked Mother’s Day for the auction, and that moving the date back a week might attract more bidders. The date was not changed, and Lambert said just days before the auction he was told it had been canceled and the company was no longer in business. “We didn’t know anything was wrong,” he said.

Complaints stemming from the March 7 auction began arriving in the New Hampshire Attorney General’s office in late April. All were from unpaid consignors. By May 22, more than $100,000 was reported as unpaid, according to Jim Boffetti, chief of the Consumer Protection division. He said consignor contracts, signed by Bernice Rankins, stated the company had 45 days in which to pay. Boffetti said it appears consignors waited patiently until that period expired before contacting his office for help.

Consignors who tried to contact the auction company were met with a disconnected phone number and a discontinued website. The Better Business Bureau states the company is no longer is business and that its mail to them “has been returned as undeliverable.” Interested parties are told to contact the Bedford law firm of Ansell & Anderson. Attorney Ruth Ansell did not respond to a phone call and email from this reporter. A receptionist said “all that is confidential” and would not take a message for either attorney.

“I don’t believe the full extent of the loss is known yet,” Boffetti said, adding that each week brings more complaints. He said the investigation is in its early stages and violations of consumer protection and other laws may result in “significant penalties” for the Devine company management.

Some consignors have provided the Attorney General’s office with a list of guns and related items they dropped-off, while others have sent copies of the consignment form. Boffetti said some sellers are owed in excess of $10,000. One man said he is due $25,000 for a cased set a dueling pistols. One complaint is from a local bank regarding an overdrawn check.

Boffetti said complaints of this magnitude against the company had not occurred during its 35-year history under the direction of its founder. “Mr. Devine was always making sure consignors were getting their money,” Boffetti said. “But he was a one-man show, the only officer listed in the corporation.”

Explaining the company appeared to be “robbing Peter to pay Paul,” Boffetti said, “They had a fairly significant line of credit they were operating on. They were not in very good financial shape.”

It is unknown if property has been returned to consignors of the May 9 auction. One valuable rifle of particular interest was a Model 1892 Winchester bearing serial number one. It had a high estimate of $100,000. Another rarity was a “Golden Age” Kentucky flintlock rifle made by John Armstrong of Emittsburg, Md. It’s estimate was $25,000-$50,000.

Joe Devine’s son, Jason, launched his own firearms business, Amoskeag Auctions in 1997. Located in Manchester, N.H., it has become known for its high quality merchandise and reputable business practices. When asked to comment, Jason Devine said he knew nothing about his late father’s business failure. “I hadn’t talked to him in 14 years,” he said.

Joe Devine had tried to sell his company in 2005. Sunbelt Business Advisors put his real estate and business on the market for $1.4 million. The reason for selling was stated as “health problems.” It failed to sell. Today the real estate alone is for sale by The Bean Group for $550,000. Located at 20 South Street in Milford, the late 19th century 13,838 square-foot brick three-floor building housed auction offices on the second floor. The first floor has two tenants: Amigos Mexican Cantina and Biker Chicks Essentials.

The JC Devine company made unwanted headlines in New England five years ago when the catalog for the October 2005 auction offered a few bones said be from a Virginia grave of a Confederate soldier. A widow whose husband collected Civil War material had consigned them with other items. Strong objections by veterans, re-enactors and the Attorney General attracted considerable media attention to the auction. As a result, the remains were withdrawn.

On auction day Joe Devine told the crowd, “I’ll always be remembered for those bones, even though I didn’t sell them.”

Consignors to JC Devine auctions who have questions regarding payment and property should contact the New Hampshire Office of Attorney General Consumer Protection Hotline at 1-888-468-4454, or visit www.doj.nh.gov. The firm of Ansell & Anderson may be reached at 603-644-8211.

5/28/2010
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