The father of a young fan who received a game-used Victor Wembanyama jersey as part of a viral jersey swap has filed a request for a judicial intervention against Goldin Auctions to halt the sale of the item.
Frankie Desideri Sr. filed the request for a temporary restraining order against Goldin with the New York Supreme Court on Monday.
On Thursday morning, a court denied Desideri's request for a temporary restraining order to immediately halt the sale, both parties confirmed to cllct.
The jersey sold at Goldin for $73,200 on Saturday, two months after the original swap with Wembanyama. The jersey is believed to have been paid for and has been shipped to the winner.
Best jersey swap ever ???? pic.twitter.com/mcJxJQXlJI
— San Antonio Spurs (@spurs) December 28, 2024
Video of the jersey swap between 5-year-old Frankie Desideri Jr. and Wembayama went viral earlier this year, with the San Antonio Spurs official X account calling it the “best swap ever.”
The swap was later met with criticism when the jersey, which was viewed as a gift from Wembanyama to the young Desideri, was sent to auction.
According to the request, the family originally consented to auctioning the jersey, but later made multiple requests to have the item withdrawn, to no avail. Desideri told cllct his son had regrets and didn’t want to auction it off anymore.
Desideri further claimed the contract he signed with Goldin will be nullified because he did not know it is illegal for any payments made for a child’s property to be sold for more than $50,000 without a court-appointed guardian. Whether the property was Desideri’s or his son’s could he material to that claim.
The family also claimed Goldin used images of Desideri Jr. and Sr. in promotional materials for the jersey despite an explicit request they not be included. The plaintiffs said Goldin’s use of their likeness without consent caused “widespread exposure and emotional harm.”
— Wemby (@wemby) January 15, 2025
Ken Goldin, founder and CEO of Goldin Auctions, said Desideri took the initiative to sell the jersey and not the other way around.
“We never contacted this individual and never knew who he was,” Ken Goldin told cllct. “On Dec. 29, he contacted us first by going to Goldin.com and clicking the button that said 'SELL.' By Jan. 2 at 9:02 a.m., he had signed the consignment contract.”
Goldin responded to the court’s order Wednesday asking for the request to be denied.
In his response to the court, Goldin claimed Desideri experienced seller’s remorse and, on behalf of his minor son, asked the court to “rewrite and unwind the parties’ contract.”
Goldin also argued the New York Supreme Court lacks jurisdiction over the auction house, which is located in New Jersey.
Goldin noted it received a request to withdraw the jersey Feb. 21, just one day before the close of the auction.
That Feb. 21 request also arrived one day after news broke Wembanyama would miss the remainder of the season with blood clots.
Desideri told cllct the news about Wembanyama's health had "zero" effect on the request for the sale to be halted.
Darren Rovell is the founder of cllct.com and one of the country's leading reporters on the collectibles market. He previously worked for ESPN, CNBC and The Action Network.
Ben Burrows is a reporter and editor for cllct.