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When the love of cars

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Nigel West, Software Developer

The story of Ferrari 0384AM involves mystery, questionable actions, and legal challenges surrounding its ownership over several decades. It was originally raced by Ferrari in 1954 but was then sold and modified. In 1989 it was stolen from its owner Karl Kleve and sold overseas, launching a dispute over its rightful owner. Jacques Swaters restored it and claimed ownership, but Kleve's heirs disputed this. The car changed hands several more times amid ongoing litigation until it was finally auctioned in 2014 for 贈10.7 million, though legal issues around its ownership remained unresolved.

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When the Love of Cars becomes the Love of Money The intriguing story of Ferrari 0384AM By Nigel West The restored Ferrari 375 Plus 0384AM (Photo courtesy of Bonhams)
Of the six Ferrari 375 Plus race cars built in 1954, the story of 0384AM, one of the four that sur- vived, is one of mystery, speculation, questionable action, legal challenges and a whole lot of cash. The Ferrari 375 Plus was based on the dominant 375MM and built in 1954 for Ferrari's assault on the Auto Sport World Championships. The power- ful V12 engine of almost 5 litres was built by car and aircraft engine designer Aurelio Lampredi, whilst legendary car designers Pinin Farina sculp- tured the beautiful aluminium bodywork. The 375 Plus, believed to be the fastest car of its day, tri- umphed at Agadir, Silverstone, Le Man and the Carrera Panamericana. Ferrari Formula 1 driver Umberto Maglioli drove the factory prepared 0384AM, winning the Carre- ra Panamericana, until the car was sold to Jim Kimberley, heir to the Kleenex tissue fortune, to- wards the end of 1954. The Ferrari V12 engine was removed by Kimberley and replaced with a Chevrolet V8. Kimberley with his friend Howard Hively raced the car extensively in the American and Caribbean Sports Car Club of America circuits. At the Cuba Grand Prix in February 1957 on the Malecon highway circuit in Havana, a fire in the dashboard wiring caused a small amount of dam- age, nevertheless ended its racing career. In March 1958 Karl Kleve bought the damaged Ferrari from Kimberley, without an engine, for $2,500. Kleve was an eccentric US army engineer turned designer, artist, serial tinkerer, author of a book linking baldness to blood circulation and estate agent who had worked on the Manhattan nuclear weapon Project during World War II. He had a self-confessed car obsession, which started in 1939 with his mothers 16 cylinder 1936 Cadil- lac. Complaints from his neighbours about the sheer number of vehicles around his properties led to a court case in 1990. Kleves response to the judge was Do you know anyone in America who is limited to two cars? Especially one who loves cars? Cars are my life. The plea was unsuccessful and the court ordered Kleve to clear some of his beloved 400 car collection. Whether Kleve saw the potential value of the 375 Plus he had bought or not is impossible to tell. With only four in existence at the time he bought 0384AM, he will have known it was a rare car. However, as it was stored outside on a Cincinnati woodland property that Kleve owned, among oth- er cars and the odd airplane in various states of disrepair and having had parts including the boot lid, doors, fuel tank, steering wheel, wheels and instruments removed and stored for safe keeping, I suspect Karls interest then was in the car itself and not its monetary value. The car remained on Kleve's property, largely un- touched and forgotten about since 1958, until in January 1989 an acquaintance of Kleves from the Ferrari Owners' Club contacted him to tell him that three men had contacted the club nine months earlier about the value of 0384AM and were now trying to sell the car. At this point Kleve discovered that the Ferrari had been stolen and reported the theft to the local Police and the FBI stating it occurred between 1985 and 1989. Later it was established that the car had been stolen around the 13 January 1989, transported to Atlanta, sold to a French buyer and Ferrari 0384AM as stored on Karl Kleves property
then to Belgian car dealer LException Automobile run by Michael Kruch. Belgium customs noted that the car was on Interpols stolen vehicle list and seized it whilst the cars ownership was investigat- ed. In February 1990, the Brussels Criminal Investiga- tion Department certified in writing that the Kings Prosecutor in Brussels had lifted the seizure of 0384AM and that LException Automobile had free use of the car. On the surface this seems like an odd decision, however some observers of this in- triguing story maintain that Kleve didnt have legal title to the car when it entered Belgium. Meanwhile in the US, Cincinnati residents Brad Kettler and Eric Nielson plead guilty to the charge of inter-State transportation of a stolen motor vehicle taken from Kleves property. Car broker Guy Anderson and restorer Gary Kelley, both of whom had organised the sale to the French buyer, were acquitted of conspiracy as the jury were una- ble to decide whether they knew the car was sto- len, Anderson swearing that he had done all possi- ble to establish the cars owner before accepting it had been abandoned. In March 1990, Belgium ex-racing driver and offi- cial Ferrari importer for the Benelux area Jacques Swaters, with his business partner Philipe Lancksweert purchased 0384AM from LException Automobile for an undisclosed sum. Swaters, a major collector of anything related to Ferrari, from a Formula 2 car to original documents, many of which were displayed in his Galleria Ferrari, re- stored the car over several years, including in- stalling the original Ferrari engine. Swaters raced it extensively in Europe. Kleve was approached by Mark Daniels, a specialist in locating and returning stolen cars, who claimed he could negotiate a deal to get the Ferrari back. Different countries take different approaches to the ownership of a stolen car that has been sold to an innocent purchaser, in this case Jacques Swa- ters. Daniels and Kleve tried to buy back his own car, however Swaters refused claiming that the serial number of his car was 0394AM and not that of the stolen car. Rumour had it that the serial number on the car was either illegible or poorly altered. The sales document from LException Au- tomobile however, clearly identified the car as 0384AM. In September 1999 Kleve, Daniels and Lancksweert (on behalf of Swaters) entered into an agreement transferring ownership to Lancksweert and Swa- ters at a cost of $625,000, with $400,000 being paid to Kleve via Daniels and $225,00 paid to Dan- iels company National Search Services. Swaters has a copy of the cashed $400,000 cheque, en- dorsed by Mark Daniels. In December 2003 Kleve passed away at the age of 90 leaving his estate to his three daughters, ad- ministered by one daughter, Kristine Kleve Lawson. In November 2004, Lancksweert sold his share of the Ferrari to Swaters, who became the sole own- er of 0384AM. Its at this point the fighting begins. Lawson claimed that her father did not receive the $400,000 payment and produces a different three page contract to the copy Swaters has. In Lawsons copy of the contract ,the first page showed a pur- chase amount of $2.5 million, not $650,000, and on page two Daniels name as payee, is crossed Jacques Swaters inspects 0384AM in 1990
out and replaced by Kleves name. Lawsons docu- ment is unsigned and whilst it appeared to merely muddy the waters, Lawson claimed she has foren- sic evidence that the signed page matches the first two pages of the Kleve copy and not the first two pages of the Swaters copy. Lawson claimed owner- ship of the Ferrari and under Belgium law insisted she is entitled to pay Swaters his original purchase price to recover the car. Needless to say this didnt persuade Swaters to release the Ferrari. From an advertisement Swaters discovered that the parts removed by Kleve before the car was stolen, previously thought lost and not mentioned in the 1999 contract, are being auctioned along with the rest of Kleves collection of cars. These parts are important to Swaters as it makes the car more original and, therefore, of greater value. In August 2005 Florence Swaters, Jacques daugh- ter and business representative, claims breach of the contract signed in 1999 and demands that the parts removed from 0384AM are passed to Swa- ters. The Ferrari parts in question are removed from the auction and are not passed to Swaters. Jacques Swaters passed away on 10 December 2010 aged 84. What is clear is that from this point on, its only about the money, with the car being viewed as an asset, not the rare and beautiful Fer- rari cherished, in very different ways, by both Kleve and Swaters. The fight rumbled on, with two other claims for ownership from Joseph Ford and Christopher Gardner. Gardner, an American-born car enthusi- ast living in Switzerland, had hired Joseph Ford to buy the car from Lawson. Lawson admits she sold her share of the car to Gardner, however Ford claims to have 70% of Lawsons share, comprising of an initial 20% plus a 50% option. Finally the four protagonists agree to auction the car through Bonhams with 50% of the proceeds being passed to Jacques Swaters heirs and 50% being split between Kleves heirs, Ford and Gard- ner, this last split being subject to a further court battle in Ohio. On 27th June 2014 Bonhams put 0384AM up for auction at the Goodwood Festival of Speed. The winning bid of 贈10.7 million was from Copley Mo- torcars on behalf of Victorias Secret founder and Ferrari collector Les Wexner. And that should be a happy end to our story, how- ever it isnt. Wexner sued Bonhams after the sale claiming Bon- hams had assured him that they would get easy titling of the car in the United States by means of an import certificate, which Wexner post-auction believed not to be the case due to the ownership dispute and the fact he wanted to register the car in Ohio, where Kleve had registered title in 1997. Bonhams sued Lawson for allegedly breaking the terms of their settlement deal prior to the sale, although the detail of this is unclear. It also ap- pears that the agreement to auction the car had expired some time previously and a question hangs over whether Bonhams were legally in a position to sell the car. Astonishingly, hours prior to the auction a Para- guayan car dealer contacted Bonhams claiming part ownership of the car. Bonhams took the threat seriously and to avoid losing their main attraction allegedly paid the car dealer 贈2 million. Following the auction Bonhams decide to sue for deceit. If anything, the auction has made this case more complicated. Searching the internet will find a number of threads to this story, some unbiased, some in one camp or the other, some conflicting and a great deal of conjecture and opinion. Judg- ment is due in London later this year in October, settling the lawsuits raised by the auction. Wheth- er this is an end to the mystery surrounding Ferrari 0384AM remains to be seen. Somehow I doubt it.

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When the love of cars

  • 1. When the Love of Cars becomes the Love of Money The intriguing story of Ferrari 0384AM By Nigel West The restored Ferrari 375 Plus 0384AM (Photo courtesy of Bonhams)
  • 2. Of the six Ferrari 375 Plus race cars built in 1954, the story of 0384AM, one of the four that sur- vived, is one of mystery, speculation, questionable action, legal challenges and a whole lot of cash. The Ferrari 375 Plus was based on the dominant 375MM and built in 1954 for Ferrari's assault on the Auto Sport World Championships. The power- ful V12 engine of almost 5 litres was built by car and aircraft engine designer Aurelio Lampredi, whilst legendary car designers Pinin Farina sculp- tured the beautiful aluminium bodywork. The 375 Plus, believed to be the fastest car of its day, tri- umphed at Agadir, Silverstone, Le Man and the Carrera Panamericana. Ferrari Formula 1 driver Umberto Maglioli drove the factory prepared 0384AM, winning the Carre- ra Panamericana, until the car was sold to Jim Kimberley, heir to the Kleenex tissue fortune, to- wards the end of 1954. The Ferrari V12 engine was removed by Kimberley and replaced with a Chevrolet V8. Kimberley with his friend Howard Hively raced the car extensively in the American and Caribbean Sports Car Club of America circuits. At the Cuba Grand Prix in February 1957 on the Malecon highway circuit in Havana, a fire in the dashboard wiring caused a small amount of dam- age, nevertheless ended its racing career. In March 1958 Karl Kleve bought the damaged Ferrari from Kimberley, without an engine, for $2,500. Kleve was an eccentric US army engineer turned designer, artist, serial tinkerer, author of a book linking baldness to blood circulation and estate agent who had worked on the Manhattan nuclear weapon Project during World War II. He had a self-confessed car obsession, which started in 1939 with his mothers 16 cylinder 1936 Cadil- lac. Complaints from his neighbours about the sheer number of vehicles around his properties led to a court case in 1990. Kleves response to the judge was Do you know anyone in America who is limited to two cars? Especially one who loves cars? Cars are my life. The plea was unsuccessful and the court ordered Kleve to clear some of his beloved 400 car collection. Whether Kleve saw the potential value of the 375 Plus he had bought or not is impossible to tell. With only four in existence at the time he bought 0384AM, he will have known it was a rare car. However, as it was stored outside on a Cincinnati woodland property that Kleve owned, among oth- er cars and the odd airplane in various states of disrepair and having had parts including the boot lid, doors, fuel tank, steering wheel, wheels and instruments removed and stored for safe keeping, I suspect Karls interest then was in the car itself and not its monetary value. The car remained on Kleve's property, largely un- touched and forgotten about since 1958, until in January 1989 an acquaintance of Kleves from the Ferrari Owners' Club contacted him to tell him that three men had contacted the club nine months earlier about the value of 0384AM and were now trying to sell the car. At this point Kleve discovered that the Ferrari had been stolen and reported the theft to the local Police and the FBI stating it occurred between 1985 and 1989. Later it was established that the car had been stolen around the 13 January 1989, transported to Atlanta, sold to a French buyer and Ferrari 0384AM as stored on Karl Kleves property
  • 3. then to Belgian car dealer LException Automobile run by Michael Kruch. Belgium customs noted that the car was on Interpols stolen vehicle list and seized it whilst the cars ownership was investigat- ed. In February 1990, the Brussels Criminal Investiga- tion Department certified in writing that the Kings Prosecutor in Brussels had lifted the seizure of 0384AM and that LException Automobile had free use of the car. On the surface this seems like an odd decision, however some observers of this in- triguing story maintain that Kleve didnt have legal title to the car when it entered Belgium. Meanwhile in the US, Cincinnati residents Brad Kettler and Eric Nielson plead guilty to the charge of inter-State transportation of a stolen motor vehicle taken from Kleves property. Car broker Guy Anderson and restorer Gary Kelley, both of whom had organised the sale to the French buyer, were acquitted of conspiracy as the jury were una- ble to decide whether they knew the car was sto- len, Anderson swearing that he had done all possi- ble to establish the cars owner before accepting it had been abandoned. In March 1990, Belgium ex-racing driver and offi- cial Ferrari importer for the Benelux area Jacques Swaters, with his business partner Philipe Lancksweert purchased 0384AM from LException Automobile for an undisclosed sum. Swaters, a major collector of anything related to Ferrari, from a Formula 2 car to original documents, many of which were displayed in his Galleria Ferrari, re- stored the car over several years, including in- stalling the original Ferrari engine. Swaters raced it extensively in Europe. Kleve was approached by Mark Daniels, a specialist in locating and returning stolen cars, who claimed he could negotiate a deal to get the Ferrari back. Different countries take different approaches to the ownership of a stolen car that has been sold to an innocent purchaser, in this case Jacques Swa- ters. Daniels and Kleve tried to buy back his own car, however Swaters refused claiming that the serial number of his car was 0394AM and not that of the stolen car. Rumour had it that the serial number on the car was either illegible or poorly altered. The sales document from LException Au- tomobile however, clearly identified the car as 0384AM. In September 1999 Kleve, Daniels and Lancksweert (on behalf of Swaters) entered into an agreement transferring ownership to Lancksweert and Swa- ters at a cost of $625,000, with $400,000 being paid to Kleve via Daniels and $225,00 paid to Dan- iels company National Search Services. Swaters has a copy of the cashed $400,000 cheque, en- dorsed by Mark Daniels. In December 2003 Kleve passed away at the age of 90 leaving his estate to his three daughters, ad- ministered by one daughter, Kristine Kleve Lawson. In November 2004, Lancksweert sold his share of the Ferrari to Swaters, who became the sole own- er of 0384AM. Its at this point the fighting begins. Lawson claimed that her father did not receive the $400,000 payment and produces a different three page contract to the copy Swaters has. In Lawsons copy of the contract ,the first page showed a pur- chase amount of $2.5 million, not $650,000, and on page two Daniels name as payee, is crossed Jacques Swaters inspects 0384AM in 1990
  • 4. out and replaced by Kleves name. Lawsons docu- ment is unsigned and whilst it appeared to merely muddy the waters, Lawson claimed she has foren- sic evidence that the signed page matches the first two pages of the Kleve copy and not the first two pages of the Swaters copy. Lawson claimed owner- ship of the Ferrari and under Belgium law insisted she is entitled to pay Swaters his original purchase price to recover the car. Needless to say this didnt persuade Swaters to release the Ferrari. From an advertisement Swaters discovered that the parts removed by Kleve before the car was stolen, previously thought lost and not mentioned in the 1999 contract, are being auctioned along with the rest of Kleves collection of cars. These parts are important to Swaters as it makes the car more original and, therefore, of greater value. In August 2005 Florence Swaters, Jacques daugh- ter and business representative, claims breach of the contract signed in 1999 and demands that the parts removed from 0384AM are passed to Swa- ters. The Ferrari parts in question are removed from the auction and are not passed to Swaters. Jacques Swaters passed away on 10 December 2010 aged 84. What is clear is that from this point on, its only about the money, with the car being viewed as an asset, not the rare and beautiful Fer- rari cherished, in very different ways, by both Kleve and Swaters. The fight rumbled on, with two other claims for ownership from Joseph Ford and Christopher Gardner. Gardner, an American-born car enthusi- ast living in Switzerland, had hired Joseph Ford to buy the car from Lawson. Lawson admits she sold her share of the car to Gardner, however Ford claims to have 70% of Lawsons share, comprising of an initial 20% plus a 50% option. Finally the four protagonists agree to auction the car through Bonhams with 50% of the proceeds being passed to Jacques Swaters heirs and 50% being split between Kleves heirs, Ford and Gard- ner, this last split being subject to a further court battle in Ohio. On 27th June 2014 Bonhams put 0384AM up for auction at the Goodwood Festival of Speed. The winning bid of 贈10.7 million was from Copley Mo- torcars on behalf of Victorias Secret founder and Ferrari collector Les Wexner. And that should be a happy end to our story, how- ever it isnt. Wexner sued Bonhams after the sale claiming Bon- hams had assured him that they would get easy titling of the car in the United States by means of an import certificate, which Wexner post-auction believed not to be the case due to the ownership dispute and the fact he wanted to register the car in Ohio, where Kleve had registered title in 1997. Bonhams sued Lawson for allegedly breaking the terms of their settlement deal prior to the sale, although the detail of this is unclear. It also ap- pears that the agreement to auction the car had expired some time previously and a question hangs over whether Bonhams were legally in a position to sell the car. Astonishingly, hours prior to the auction a Para- guayan car dealer contacted Bonhams claiming part ownership of the car. Bonhams took the threat seriously and to avoid losing their main attraction allegedly paid the car dealer 贈2 million. Following the auction Bonhams decide to sue for deceit. If anything, the auction has made this case more complicated. Searching the internet will find a number of threads to this story, some unbiased, some in one camp or the other, some conflicting and a great deal of conjecture and opinion. Judg- ment is due in London later this year in October, settling the lawsuits raised by the auction. Wheth- er this is an end to the mystery surrounding Ferrari 0384AM remains to be seen. Somehow I doubt it.