Case 5:21-cv-00277-JWH-KK Document 1 Filed 02/18/21 Page 1 of 9 Page ID #:1

1 TRACY L. WILKISON
Acting United States Attorney
2 DAVID M. HARRIS
Assistant United States Attorney
3 Chief, Civil Division
JOANNE S. OSINOFF
4 Assistant United States Attorney
Chief, General Civil Section
5 JILL S. CASSELMAN (Cal. Bar No. 266085)
Assistant United States Attorney
6 Federal Building, Suite 7516
300 North Los Angeles Street
7 Los Angeles, California 90012
Telephone: (213) 894-0165
8 Facsimile: (213) 894-7819
E-mail: Jill.Casselman@usdoj.gov
9
Attorneys for Plaintiff
10 United States of America
11
UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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14 UNITED STATES OF AMERICA, No. EDCV 21-00277
15 Plaintiff, COMPLAINT
16 v.
17 ARMIN CALLO,
18 Defendant.
19
20 The United States of America, by and through undersigned counsel, alleges as
21 follows and files this Complaint seeking judgment against Mr. Armin Callo for
22 conversion (under federal common law and California law), trespass to chattels (under
23 California law), and unjust enrichment (under federal common law and California law)
24 based on his refusal to return to the possession and control of the United States a
25 Mitchell Siporin painting, “Political Editorial” (“the painting”), which is owned by the
26 United States but is in Mr. Callo’s possession and control. The United States also seeks
27 replevin of the painting; an injunction prohibiting the painting from being sold,
28 alienated, damaged, or destroyed during the pendency of this action; and a declaratory
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1 judgment that the painting is owned by the United States and must be returned
2 immediately to the United States’ possession and control.
3 PARTIES
4 1. The plaintiff is the United States of America, (“United States” or
5 “Plaintiff”) acting on behalf of the General Services Administration (“GSA”), an agency
6 of the federal government.
7 2. On information and belief, defendant Armin Callo (“Defendant” or “Mr.
8 Callo”) is a resident of Indio, California, who asserts (or until recently, asserted,)
9 ownership over the painting. Mr. Callo has refused the United States’ demand for return
10 of the painting, which, on information and belief, is in his possession and control and is
11 located in this District.
12 JURISDICTION AND VENUE
13 3. This Court has jurisdiction over the subject matter of the claims in this
14 action under 28 U.S.C. § 1345 because this action was commenced by the United States.
15 4. Venue is proper in the Central District of California, pursuant to 28 U.S.C.
16 § 1391(b) because, on information and belief, Mr. Callo is a resident of and can be found
17 in the Central District of California; he is subject to the Court’s personal jurisdiction
18 with respect to this action; a substantial part of the events giving rise to the United
19 States’ claims occurred in this District; and the property that is the subject of this action
20 is situated in this District.
21 GENERAL ALLEGATIONS
22 The Federal Art Project
23 5. On May 6, 1935, the Works Progress Administration (“WPA”) was created
24 by presidential order as part of the Federal Works Agency to help provide economic
25 relief to the citizens of the United States who were suffering through the Great
26 Depression. The Federal Art Project (“FAP”) was one of the divisions of the WPA.
27 6. The FAP was the largest of the New Deal art programs both in its scope and
28 the number of artists employed. Upon its discontinuation in 1942, the WPA’s Federal
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1 Art Project and Art Program had produced over 200,000 works of art, including easel
2 paintings, murals, prints, and sculptures. Completed works of art were either loaned or
3 allocated to federal, state, and local government entities and tax-supported organizations
4 or non-profit organizations. For each loan or allocation, paperwork, labels, and/or metal
5 tags accompanied the works of art.
6 7. The GSA’s responsibility for administering New Deal works of art came
7 from the Federal Property and Administrative Services Act of 1949. The Act established
8 the GSA and in the process transferred “all records, property, personnel, obligations, and
9 commitments of the Federal Works Agency, including those of all agencies of the
10 Federal Works Agency.” 40 U.S.C. § 753(a). Included in the mandate was the
11 stewardship of the portable artwork created under the federal government’s New Deal art
12 projects. During the operation of the WPA art program, it was clearly stated that the
13 federal government would hold full legal title to artwork on long-term loan. Title to such
14 artwork remains in the federal government today.
15 8. The GSA has been granted authority to dispose of both personal and real
16 property that has been determined excess to one federal agency (i.e., is no longer needed
17 by that agency for mission purposes). Congress has established a specific process for the
18 disposal of property from the federal government, which the GSA must follow. The GSA
19 has developed regulations that implement its disposal authority. Only those individuals
20 within the GSA who have been delegated authority by the Administrator may dispose of
21 federal excess and surplus property, and they may do so only in the manner dictated by
22 federal statutes and regulations.
23 9. This same restriction on the ability to dispose of United States property
24 applies to all federal agencies. For this reason, courts have held that the federal
25 government cannot abandon property, nor can title to property of the United States be
26 divested by negligence, delay, laches, mistake, or unauthorized actions by subordinate
27 officials. Additionally, inactivity, neglect, or unauthorized intentional conduct on the
28 part of government officials does not divest the United States of ownership interest in
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1 property.
2 10. The GSA, in conjunction with its Office of Inspector General, has
3 implemented a program to identify, locate, catalog, and recover lost or stolen WPA and
4 other New Deal Art Program paintings. Since the inception of the program, the GSA has
5 recovered multiple paintings of substantial value. Many of these paintings are on long-
6 term loan from the GSA to art museums or other public institutions across the country.
7 11. One of the GSA’s present functions is the maintenance of an extensive
8 portfolio of New Deal artwork, which includes public artwork displayed in federal
9 buildings, as well as an extensive inventory of more than 23,000 pieces of artwork that
10 are displayed in non-federal galleries and museums across the country, where they may
11 be enjoyed by the public.
12 The Mitchell Siporin Painting
13 12. Mitchell Siporin (1910-1976) was a Social Realist American painter who
14 was born in New York, NY, and who went on to live in Chicago, IL and Newton, MA.
15 During the Great Depression, his artwork focused on labor issues.
16 13. This case involves a Siporin tempera on panel painting titled “Political
17 Editorial” that Mr. Callo listed for sale on eBay in or about January 2019, under the
18 username “desertangel-usa”. Mr. Callo listed the painting for sale at $35,000.
19 14. Mr. Callo’s eBay listing of the painting was stated as “MITCHELL
20 SIPORIN 1938 Original WPA Oil Egg Tempera MoMA Federal Arts Project.” He also
21 additionally described the painting as being titled “Political Editorial” and as having “the
22 markings of the WPA - ‘Federal Arts Project - Works Progress Administration, Chicago,
23 Illinois.’”
24 The Painting Was Produced Under the Federal Art Project
25 15. The federal government possesses documentation demonstrating that the
26 painting was produced under the Federal Art Project. Specifically, official government
27 documentation shows that it loaned the painting to Louisiana State University (“LSU”)
28 on March 9, 1943. This documentation states that LSU “acknowledge[s] receipt of the
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1 following works of art allocated to us by the Work Projects Administration - Art

2 Program, Federal Works Agency.” The list included “Political Editorial” by Mitchell
3 Siporin.
4 16. Mr. Callo claims to have acquired the painting from Gilley’s Gallery in
5 Baton Rouge, Louisiana, while he was a student at LSU. This geographic overlap is
6 consistent with the painting being the one referenced in the official government
7 documentation.
8 17. Moreover, Mr. Callo’s eBay listing for the painting contains an image of a
9 Federal Art Project imprint or label on the back of the painting, which demonstrates its
10 origins as a Federal Art Project work. Indeed, Mr. Callo acknowledged and emphasized
11 the WPA mark in the eBay listing several times:
12  Condition: “This original 1938 WPA-marked oil and egg tempera on
13 board/panel is in Excellent condition”
 Features: Works Progress Administration (WPA), Federal Arts Project –
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1938, Signed
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 Notable Provenance: With the markings of the WPA – “Federal Arts Project
16 – Works Progress Administration, Chicago, Illinois”
17 18. It is anticipated that Mr. Callo may attempt to claim that he no longer is in
18 possession of the painting. However, Mr. Callo had knowledge of the United States’
19 claimed ownership of the painting and has not provided any meaningful evidence to
20 demonstrate that he no longer possesses it. Accordingly, the United States is informed
21 and believes that Mr. Callo is still in possession of the painting.
22 The United States Owns the Painting
23 19. The United States owns the painting. The painting was produced for the
24 federal government as part of the FAP.
25 20. The United States is not aware of any provision of the FAP by which Mr.
26 Callo or any other individual obtained title to or ownership of the painting.
27 21. The United States Constitution authorizes the federal government to
28 procure, own, use, and dispose of property.
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1 22. Congress is the branch of the federal government with the power to procure,
2 own, use, and dispose of federal property.
3 23. Congress has not authorized any disposal of the painting by the federal
4 government.
5 24. Despite the passage of time and Mr. Callo’s refusal to return the painting to
6 the United States’ possession, ownership of the painting remains with the federal
7 government.
8 FIRST CLAIM FOR RELIEF
9 Conversion (Federal Common Law)
10 25. The United States incorporates by reference paragraphs 1 to 27 of this
11 Complaint.
12 26. Mr. Callo committed and continues to commit an act of control or dominion
13 over property of the United States.
14 27. Mr. Callo’s act seriously interfered or continues to interfere with the United
15 States’ rights.
16 SECOND CLAIM FOR RELIEF
17 Conversion (California Law)
18 28. The United States incorporates by reference paragraphs 1 to 30 of this
19 Complaint.
20 29. Mr. Callo intentionally exercised or continues to exercise dominion or
21 control over the painting in a manner inconsistent with the United States’ rights.
22 30. Mr. Callo’s dominion or control over the painting so seriously interfered or
23 continues to interfere with the United States’ right to control the painting that Mr. Callo
24 is justly required to pay the United States the full value of the painting.
25 THIRD CLAIM FOR RELIEF
26 Trespass to Chattels (California Law)
27 31. The United States incorporates by reference paragraphs 1 to 33 of this
28 Complaint.
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1 32. Mr. Callo dispossessed or continues to dispossess the United States of

2 federal property by intentionally barring the United States’ access to the painting.
3 33. Mr. Callo committed or continues to commit such dispossession by
4 assuming control over the painting in a way inconsistent with the possessory and
5 ownership interest of the United States.
6 FOURTH CLAIM FOR RELIEF
7 Unjust Enrichment (Federal Common Law)
8 34. The United States incorporates by reference paragraphs 1 to 36 of this
9 Complaint.
10 35. The United States has conferred a benefit upon Mr. Callo by virtue of his
11 possession of and refusal to surrender the painting.
12 36. Mr. Callo possessed an appreciation or knowledge of the benefit.
13 37. Mr. Callo accepted or retained the benefit under such circumstances as to
14 make it inequitable for him to retain the benefit without payment of its value.
15 FIFTH CLAIM FOR RELIEF
16 Unjust Enrichment (California Law)
17 38. The United States incorporates by reference paragraphs 1 to 40 of this
18 Complaint.
19 39. By retaining and refusing to surrender the painting, Mr. Callo has been
20 enriched at the United States’ expense.
21 40. Mr. Callo’s enrichment was caused by the United States’ loss.
22 41. There was and is no justification for Mr. Callo’s enrichment and the United
23 States’ loss.
24 42. The United States lacks a remedy at law.
25 43. The United States has conferred a benefit upon Mr. Callo by virtue of his
26 possession of and refusal to surrender the painting.
27 44. Mr. Callo’s benefit was at the United States’ expense.
28 45. It would be unjust to allow Mr. Callo to keep the benefit.
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1 SIXTH CLAIM FOR RELIEF

2 Replevin
3 46. The United States incorporates by reference paragraphs 1 to 48 of this
4 Complaint.
5 47. The United States is the full and unqualified owner of the painting and is
6 entitled to the present possession of the painting.
7 48. The painting is a unique piece of artwork for which monetary compensation
8 would be inadequate.
9 49. The painting is being wrongfully detained by Mr. Callo.
10 50. Ownership or possession of the painting by anyone other than the United
11 States is not authorized by law.
12 51. The United States has demanded the return of the painting which has been
13 refused by Mr. Callo.
14 PRAYER FOR RELIEF
15 WHEREFORE, the United States prays for judgment in its favor and against Mr.
16 Callo:
17 1. on the first six causes of action listed above;
18 2. for the issuance of an order of replevin for the painting;
19 3. for the issuance of an injunction prohibiting the painting from being sold,
20 alienated, damaged, or destroyed during the pendency of this action;
21 4. for declaratory judgment that the painting is owned by the United States and
22 must be returned immediately to the United States’ possession and control; and
23 5. for damages, costs, attorney’s fees, and all other legal or equitable relief that
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1 is just and proper.

2
3 Dated: February 18, 2021 Respectfully submitted,
4 TRACY L. WILKISON
Acting United States Attorney
5 DAVID M. HARRIS
Assistant United States Attorney
6 Chief, Civil Division
JOANNE S. OSINOFF
7 Assistant United States Attorney
Chief, General Civil Section
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/s/ Jill S. Casselman
10 JILL S. CASSELMAN
Assistant United States Attorney
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Attorneys for Plaintiff
12 United States of America
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