Re: Notice of CENSURE of Seyla Martayan and Richard Lan
The Board of Governors of the ABAA, pursuant to the Association’s By-‐Law Article V, section I (2), hereby CENSURE Seyla Martayan and Richard Lan for violations of the Association’s Code of Ethics.
The Board while appreciative of Ms. Martayan and Mr. Lan’s success in satisfying the economic concerns raised by the complainants concluded that these resolutions should have been realized much earlier and without the significant involvement required by the Ethics Committee. Consequently, after a hearing and upon evaluating and considering the relevant documents as well as the testimony Ms. Martayan and Mr. Lan provided concerning this matter, the Board determined they violated the Association’s Code of Ethics in their handling of the sale of materials to two customers, specifically Sections 1, 3, 4 (a), and 5 of the Code, in that they failed to:
• "share in the responsibility of furthering mutual trust and respect between the trade and the public by conducting their businesses with fairness and integrity”;
• “be responsible for the accurate description of all material offered for sale. All significant defects, restorations, and sophistications should be clearly noted and made known to those to whom the material is offered or sold. Unless both parties agree otherwise, a full cash refund shall be made available to the purchaser of any misrepresented material.”;
• ”be responsible for the passing to the buyer clear title to all material sold and not knowingly purchase, hold, or attempt to resell stolen materials. An Association member shall make all reasonable efforts to ascertain that materials offered to him or her are the property of the seller.”;
• “vouch for the authenticity of all materials offered for sale, and shall make every reasonable effort to establish their true nature. Should it be determined that material offered as authentic is not authentic or is questionable, that material shall be returnable for a full cash refund or other mutually agreeable arrangement. Material proven to be not authentic, or of disputed or undetermined nature, shall not again be offered for sale unless all facts concerning it are disclosed in writing.”
Further, the Board and the Ethics Committee expressed their sincere hope and expectation that Ms. Martayan and Mr. Lan’s conduct that resulted in this censure will not be repeated.
By The Board of Governors