The game-worn Victor Wembanyama jersey from the infamous jersey swap with a young fan sold at auction over the weekend for $73,200.
Now, the boy’s father is trying to get back the jersey in New York court.
Frankie Desideri Sr. filed a petition Monday in Westchester County against Goldin Auctions to stop the sale and transfer of a “minor’s item worth over $60,000.” Desideri said multiple attempts had been made to withdraw the jersey from the auction, and he wants to get a temporary restraining order and preliminary injunction against Goldin.
“[Desideri] initially consented to auctioning his minor son’s jersey but lawfully revoked that consent prior to the auction’s conclusion,” the petition reads. “Despite this revocation, [Goldin] proceeded with the sale, violating [Desideri’s] rights as a guardian and disregarding contractual principles. Moreover, [Goldin] used [Desideri’s] and his son’s images in promotional materials despite clear, prior instructions that no images were to be attached to the sale.”
But the auction house responded Wednesday in court saying Desideri is “apparently experiencing seller’s remorse,” and that notice of his court filing only reached the company after the jersey had already been sold, paid for, and shipped out to its new owner.
The saga began on Dec. 27 in Brooklyn when Wembanyama granted the wish on a young fan’s sign for a jersey swap. A few weeks later, news broke that the jersey was up for auction, which prompted the Spurs talent to respond with a crying emoji on social media. According to a filing from Goldin Auctions CEO and founder Ken Goldin, Desideri reached out to the auction house with interest in selling the jersey only two days after the game.
Last Thursday, the Spurs announced Wembanyama would be out for the rest of the season due to blood clots—deep vein thrombosis—in his right shoulder. On Friday, a day before the auction closed, Desideri requested to withdraw the jersey, according to the CEO’s filing. “As I understand it, Mr. Desideri may have changed his mind about the auction because he was concerned that this announcement would affect the price of the jersey,” Ken Goldin wrote.
Goldin does not give its sellers the ability to “unilaterally cancel an auction,” Ken Goldin wrote, citing the “Goldin Seller Agreement.” The filing says that on Jan. 2 Desideri signed the agreement, which states that the seller will not try to “interfere with or impede the sale of the Item(s).”
The auction closed Saturday night, the buyer paid Sunday morning, and Goldin shipped the jersey Monday, the CEO’s filing says, before receiving the show cause order.
A representative for Goldin did not immediately respond to a request for comment.
