Manhattan District Attorney Alvin L. Bragg, Jr., today announced the indictment of GLENN HOROWITZ, 66, CRAIG INCIARDI, 58, and EDWARD KOSINSKI, 59, for a conspiracy involving the possession of approximately 100 pages of Don Henley’s handwritten notes and lyrics for the Eagles album Hotel California, including lyrics to the songs “Hotel California,” “Life in the Fast Lane,” and “New Kid In Town.” Despite knowing that the materials were stolen, the defendants attempted to sell the manuscripts, manufactured false provenance, and lied to auction houses, potential buyers, and law enforcement about the origin of the material. The manuscripts are collectively valued at over $1 million.

HOROWITZ, INCIARDI, and KOSINSKI are all charged in a New York State Supreme Court indictment with one count of Conspiracy in the Fourth Degree. INCIARDI and KOSINSKI are also charged with Criminal Possession of Stolen Property in the First Degree. HOROWITZ is charged with Attempted Criminal Possession of Stolen Property in the First Degree and two counts of Hindering Prosecution in the Second Degree. [1]   

“New York is a world-class hub for art and culture, and those who deal cultural artifacts must scrupulously follow the law. There is no room for those who would seek to ignore the basic expectations of fair dealing and undermine the public’s confidence and trust in our cultural trade for their own ends,” said District Attorney Bragg. “These defendants attempted to keep and sell these unique and valuable manuscripts, despite knowing they had no right to do so. They made up stories about the origin of the documents and their right to possess them so they could turn a profit.”

According to court documents, the manuscripts were originally stolen in the late 1970’s by an author who had been hired to write a biography of the band. The biographer eventually sold the manuscripts in 2005 to HOROWITZ, a rare books dealer, who in turn sold them to INCIARDI and KOSINSKI. When Don Henley learned that INCIARDI and KOSINSKI were trying to sell portions of the manuscripts, he filed police reports, told the defendants that the materials were stolen, and demanded the return of his property. Rather than making any effort to ensure they actually had rightful ownership, the defendants responded by engaging in a years-long campaign to prevent Henley from recovering the manuscripts.

HOROWITZ and INCIARDI worked to fabricate the manuscripts’ provenance, and between 2012 and 2017, INCIARDI and KOSINSKI attempted to use that false statement of provenance to coerce Don Henley into buying back his stolen property. INCIARDI and KOSINSKI simultaneously sought to sell the manuscripts through Christie’s and Sotheby’s auction houses. When trying to sell the manuscripts through Christie’s, INCIARDI lied and withheld information regarding Henley’s claims. INCIARDI and KOSINSKI requested that Sotheby’s hide Henley’s claims from potential buyers prior to offering the manuscripts for sale at public auction in 2016.
 
Beginning in December 2016, the District Attorney’s Office executed a series of search warrants and retrieved Don Henley’s stolen manuscripts from Sotheby’s and from KOSINSKI’s New Jersey residence, including 84 pages to songs from the album Hotel California. Shortly thereafter, HOROWITZ attempted to exploit the recent death of founding Eagles member Glenn Frey to prevent criminal prosecution; he produced a new false statement of provenance, this time claiming that the materials originated from the now-deceased Frey. In one email message, HOROWITZ observed that “[Frey] alas, is dead and identifying him as the source would make this go away once and for all.”

Assistant District Attorneys Aaron Ginandes, Nicholas Penfold, and Samuel Goldfine are handling the prosecution of the case under the supervision of Assistant District Attorney Jeffrey Levinson (Chief of Trial Bureau 80).
D.A. Bragg thanked former Analyst Gaelin Bernstein, Detective Brian Little, Senior Investigator Anthony DiCaprio, Analyst Anna Jurew, Chief of Cybercrime and Identity Theft Bureau Jeremy Glickman, and former ADA’s Armand Durastanti, David Drucker, Frank Fogarty, and John Irwin.

GLENN HOROWITZ
New York, New York
Charged:

• Conspiracy in the Fourth Degree, one count
• Attempted Criminal Possession of Stolen Property in the First Degree, one count
• Hindering Prosecution in The Second Degree, two counts

CRAIG INCIARDI
Brooklyn, New York
Charged:

• Conspiracy in the Fourth Degree, one count
• Criminal Possession of Stolen Property in the First Degree, one count

EDWARD KOSINSKI
Franklin Lakes, New Jersey
Charged:

• Conspiracy in the Fourth Degree, one count
• Criminal Possession of Stolen Property in the First Degree, one count

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[1] The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.