So the buyer, blameitonthealcohol and the seller kmjsportingkings2009 are the same person, blame buys and kmj sells. If they don't bid on each other's auctions then ebay probably doesn't care, right?
It's too bad stuff like this happens. Sellers are ruining nice cards. You would think these would the sellers would be smart enough to stay away from serial #'d cards, as they are easy to track.
Using Alternative Methods To Turn Up The Heat On Fraudsters
Because some LEOs are too busy to pursue white-collar CRIMINALS, there are collateral attacks that can be made.
Many such CRIMINALS are engaged in "entitlement fraud" against various government entities. CRIMINALS suspected of wrongfully - fraudulently - receiving government benefits can be reported to the relevant benefit agencies.
CRIMINALS believed to be in violation of taxing codes can be reported to the sundry revenue agencies.
CRIMINALS that are endangering their children can be reported to state and county child protective agencies. Children living in homes from which CRIMINAL enterprises are conducted are considered "at risk" in most jurisdictions.
CRIMINALS suspected of drunk-driving - or using/selling illegal drugs - can be reported to the LEOs in the CRIMINALS' locale.
Even building-code violations that are known/suspected to have been committed by the CRIMINALS can be reported to enforcement authorities.
ANY potential licensing violations believed to have been perpetrated by the CRIMINALS can be reported to the relevant agencies.
While it is ideal to prosecute/punish such CRIMINALS for the CRIMES that are most damaging to consumers, when that is not possible it is often effective to employ alternate methods.
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
It is amazing that ebay allows this to go on. You know people are giving them plenty of evidence. Maybe someone should go after ebay for not doing their part to protect buyers.
There is a very strong case to be made that eBay sellers are subject to jurisdiction in Santa Clara County, California (eBay's headquarters). California has a very useful unfair business practices statute if you're a competitor of a business that's violating laws.
Are there any attorneys here in the San Francisco Bay area? So far, the closest I know of is larryallen, and he's in Sacramento.
<< <i>So the buyer, blameitonthealcohol and the seller kmjsportingkings2009 are the same person, blame buys and kmj sells. If they don't bid on each other's auctions then ebay probably doesn't care, right? >>
Even when they do, ebay seems now to care even less. I have reported examples like this(faking patches), even with the buying Id also shilling the auctions.
Looking for in PSA graded 1. 75-76 Topps Keith/Jamaal Wilkes in Psa 8+ 2. 1971-72 Trio stickers PSA 8+ 3. BSKB 1977-78 topps psa 10
Basketball Autos 1992 Courtside Flashback Action Packed HOF Autos(need elvin hayes,both bill bradley,and the 1st bill walton) 2001 and 2005 Greats of the Game UD=retro,epic,legends,legendary,generations and chronology 2006 Topps Style 1952 Fan Favorites Autos #/10 (Refractor Autos) Press Pass Legends
<< <i> It would be nice if someone had a TV station connection and could get them to run one of those investigation pieces on these clowns >>
One of my local station does a "Eye on your side" as does some other stations I've seen. Residents report local problems,scams etc. Would be great if they did it and their parent station or affiliates ? picked it up.
"...There is a very strong case to be made that eBay sellers are subject to jurisdiction in Santa Clara County, California (eBay's headquarters)...."
/////////////////////////////////////
I don't disagree that such a case can be argued.
In general, it is imprudent to face EBAY in Santa Clara, or anywhere else in CA.
Most states now offer good unfair-biznez possibilities; most are similar to those in CA.
Filing against a crooked seller/buyer in his home state - and naming EBAY/PayPal - is the most economical route. EBAY will always try to move the action to CA, but can easily end up in Federal Court.
EBAY - and the crooks they shelter/enable - are most vulnerable to the successful resting of Federal Civil-RICO claims inside of a complaint alleging Unfair Business Practices.
A mere claim that a defendant "would meet the defined criteria of a RICO-Enterprise" is often able to withstand a motion for summary judgement in Federal Court; at least long enough to use a limited discovery order to force a settlement.
State courts hearing Civil-RICO pitches - usually, not always - want a little more meat on the RICO-bone at the inception of the action. Often, the court, on its own action, will declare such cases "complex litigation" and appoint a special master; this further hinders a plaintiff's ability to force crooks to fold AND adds lots of time/money to the effort.
Fighting with big corps is NEVER about "winning at trial." It is ALWAYS about getting them to write you a big check as quickly as possible.
..........
A young lawyer could make a lot of money fighting with EBAY/PayPal, but it would be a fulltime job and his clients would not benefit much from a financial standpoint.
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
<< <i>storm - you don't have to name eBay to go after the seller.
Nick >>
///////////////////
Of course not.
Tho, I would; chasing little guys in court is just no fun.
And, in my view, if the goal is to get a specific card seller off of EBAY, suing that seller alone is potentially useless. Merely naming EBAY would get that job done FAST. (Under the bus he goes forever. Case settled.)
.......
If the goal of a CA filing is just to vex the bad seller by forcing him to do a little traveling, it may or may not work. There are lots of ways to defeat the notion that the CA court has jurisdiction.
When angry folks have tried similar moves on me, I have either been able to move the matters to Federal court OR convinced the plaintiffs that I would be successful in doing so.
Additionally, I have often filed against residency-diverse defendants in my own Federal districts. Often, showing of a "sometime physical presence" has been all that was needed to turn the bums into very frequent flyers. "Frequent physical presence" of a non-district resident, almost guarantees your opponent will be catching planes.
Fed courts are often much easier for little guys to operate in. The rules are strict and evenly enforced; MANY hot shot state-court guys become clueless in such venues.
The current PEP/Aquafina debacle illustrates that many Fed judges don't wanna hear "it's just a technicality." I have had numerous "excusable neglect" arguments - that would have flown in ANY state court - tossed into the trash in Fed courts. (And, in general, it does not matter that the big guys are rich/famous. I find the Feds a much better audience for my stuff; I never feel cheated like I do in some state courts where the good ole boys are all mobbed up with the judges.)
Dragging the corps into Fed courts is the most powerful weapon that the little guys have.
............
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
storm - Burge isn't that little. IMO he's a pretty nice size - big enough to have assets to pay a judgment, but not so big that he can readily pay someone a $10K retainer (minimum) and continue to pay legal fees without it hurting him a lot.
California also has specific statutes with attorney's fees and penalty damages for selling altered sports cards generally and for selling false autographed sports memorabilia. Suing in California is the best way to get these statutes applied (not saying it's not possible in other states).
Kicking him off eBay accomplishes little - he will be right back with another ID under some name he controls. It's seizing his inventory and equipment (and other assets) that will destroy him.
Moving the case from state to federal court doesn't accomplish much for him, and there really aren't many ways to defeat jurisdiction in CA courts when he does so much business purposefully directed through a California venue.
.......The unfair competition law is not confined to anticompetitive business practices, but is equally directed toward the right of the public to protection from fraud and deceit. Furthermore, the proscription of “unfair competition” is not restricted to deceptive or fraudulent conduct but extends to any unlawful business practice. The Legislature apparently intended to permit courts to enjoin ongoing wrongful business conduct in whatever context such activity might occur. ........
Any consumer, whether a customer/victim OR not, could bring/maintain a claim.
It is a bit on the moonbeam side for my taste, but might be likely effective against MANY of the EBAY crooks..... IF the CA-nexus is actually easy to establish; I agree it appears to be.
The opportunity to remedy the violations seem to heavily favor the crooks.
It may be worth trying, if for no other reason than to put the guy on notice that he is under intense scrutiny.
I disagree that the guy likely has substantial assets.
Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
Just an FYI, the Mannighams are two DIFFERENT cards. One is the Gold verision and the other the Silver version although they have the same serial number. I doubt he's changing the foil embossing, too...
<< <i>Just an FYI, the Mannighams are two DIFFERENT cards. One is the Gold verision and the other the Silver version although they have the same serial number. I doubt he's changing the foil embossing, too... >>
ok Correction. They are the same card. The Rookie Signatures/Patch Cards - # to 199 or less does not have a Gold/Silver parallel. Other cards have alt versions but not this one.
<< <i>Just an FYI, the Mannighams are two DIFFERENT cards. One is the Gold verision and the other the Silver version although they have the same serial number. I doubt he's changing the foil embossing, too... >>
ok Correction. They are the same card. The Rookie Signatures/Patch Cards - # to 199 or less does not have a Gold/Silver parallel. Other cards have alt versions but not this one. >>
How come the foil is a different color on the 2 cards? Is it the scan?
Comments
Save on ebay with Big Crumbs
Buys Legit Items:
blameitonthealcohol ( 805) 1 year 4 months NC,United States
Sells Improved Items:
kmjsportingkings2009 ( 113) 1 month NC, United States
Claims:
Item location: MIDWEST USA, United States
"Serving the world from the great old Midwest!!"
//////////////////////////////////////
Giving an incorrect item location is a TOS violation.
////////////////////
The guy needs to be in handcuffs.
Fraud can be reported to:
www.ic3.gov
"Manufacturing and selling sports memorabilia forgeries."
Nice proof and good job outing this scammer.
<< <i>FWIW- blameitonthealcohol is Kevin Burge >>
Man oh man, this is one busy fraudster...
<< <i>I hope he is living on borrowed time and moves on to selling used cars. >>
nah, he would become rich and good looking if he did that.
Using Alternative Methods To Turn Up The Heat On Fraudsters
Because some LEOs are too busy to pursue white-collar CRIMINALS,
there are collateral attacks that can be made.
Many such CRIMINALS are engaged in "entitlement fraud" against
various government entities. CRIMINALS suspected of wrongfully -
fraudulently - receiving government benefits can be reported to
the relevant benefit agencies.
CRIMINALS believed to be in violation of taxing codes can be
reported to the sundry revenue agencies.
CRIMINALS that are endangering their children can be reported to
state and county child protective agencies. Children living in homes
from which CRIMINAL enterprises are conducted are considered
"at risk" in most jurisdictions.
CRIMINALS suspected of drunk-driving - or using/selling illegal drugs -
can be reported to the LEOs in the CRIMINALS' locale.
Even building-code violations that are known/suspected to have been
committed by the CRIMINALS can be reported to enforcement authorities.
ANY potential licensing violations believed to have been perpetrated
by the CRIMINALS can be reported to the relevant agencies.
While it is ideal to prosecute/punish such CRIMINALS for the CRIMES that
are most damaging to consumers, when that is not possible it is often
effective to employ alternate methods.
Good job in exposing him, yet again.
Maybe one day he will rip off the wrong person and get a hand to the face.
Steve
Ripken in the Minors * Ripken in the Minors Facebook Page
/////////////////////////
It is expensive/time-consuming/labor-intensive to fight with EBAY.
Other than getting a few crooks tossed off of EBAY,
I don't see how the prospective "someone" benefits
from going after EBAY on such issues.
Are there any attorneys here in the San Francisco Bay area? So far, the closest I know of is larryallen, and he's in Sacramento.
Nick
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
<< <i>"...Maybe someone should go after ebay for not doing their part to protect buyers..."
/////////////////////////
It is expensive/time-consuming/labor-intensive to fight with EBAY.
Other than getting a few crooks tossed off of EBAY,
I don't see how the prospective "someone" benefits
from going after EBAY on such issues. >>
It would be nice if someone had a TV station connection and could get them to run one of those investigation pieces on these clowns
<< <i>So the buyer, blameitonthealcohol and the seller kmjsportingkings2009 are the same person, blame buys and kmj sells. If they don't bid on each other's auctions then ebay probably doesn't care, right? >>
Even when they do, ebay seems now to care even less.
I have reported examples like this(faking patches), even with the buying Id also shilling the auctions.
1. 75-76 Topps Keith/Jamaal Wilkes in Psa 8+
2. 1971-72 Trio stickers PSA 8+
3. BSKB 1977-78 topps psa 10
Basketball Autos
1992 Courtside Flashback
Action Packed HOF Autos(need elvin hayes,both bill bradley,and the 1st bill walton)
2001 and 2005 Greats of the Game
UD=retro,epic,legends,legendary,generations and chronology
2006 Topps Style 1952 Fan Favorites Autos #/10 (Refractor Autos)
Press Pass Legends
<< <i> It would be nice if someone had a TV station connection and could get them to run one of those investigation pieces on these clowns >>
One of my local station does a "Eye on your side" as does some other stations I've seen. Residents report local problems,scams etc. Would be great if they did it and their parent station or affiliates ? picked it up.
/////////////////////////////////////
I don't disagree that such a case can be argued.
In general, it is imprudent to face EBAY in Santa Clara,
or anywhere else in CA.
Most states now offer good unfair-biznez possibilities;
most are similar to those in CA.
Filing against a crooked seller/buyer in his home state - and
naming EBAY/PayPal - is the most economical route. EBAY will
always try to move the action to CA, but can easily end up in
Federal Court.
EBAY - and the crooks they shelter/enable - are most vulnerable
to the successful resting of Federal Civil-RICO claims inside of a
complaint alleging Unfair Business Practices.
A mere claim that a defendant "would meet the defined criteria of a
RICO-Enterprise" is often able to withstand a motion for summary
judgement in Federal Court; at least long enough to use a limited
discovery order to force a settlement.
State courts hearing Civil-RICO pitches - usually, not always - want
a little more meat on the RICO-bone at the inception of the action.
Often, the court, on its own action, will declare such cases "complex
litigation" and appoint a special master; this further hinders a plaintiff's
ability to force crooks to fold AND adds lots of time/money to the effort.
Fighting with big corps is NEVER about "winning at trial." It is ALWAYS
about getting them to write you a big check as quickly as possible.
..........
A young lawyer could make a lot of money fighting with EBAY/PayPal,
but it would be a fulltime job and his clients would not benefit much
from a financial standpoint.
<< <i>
<< <i>"...Maybe someone should go after ebay for not doing their part to protect buyers..."
/////////////////////////
It is expensive/time-consuming/labor-intensive to fight with EBAY.
Other than getting a few crooks tossed off of EBAY,
I don't see how the prospective "someone" benefits
from going after EBAY on such issues. >>
It would be nice if someone had a TV station connection and could get them to run one of those investigation pieces on these clowns >>
Nick
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
<< <i>storm - you don't have to name eBay to go after the seller.
Nick >>
///////////////////
Of course not.
Tho, I would; chasing little guys in court is just no fun.
And, in my view, if the goal is to get a specific card seller
off of EBAY, suing that seller alone is potentially useless.
Merely naming EBAY would get that job done FAST.
(Under the bus he goes forever. Case settled.)
.......
If the goal of a CA filing is just to vex the bad seller by
forcing him to do a little traveling, it may or may not work.
There are lots of ways to defeat the notion that the CA
court has jurisdiction.
When angry folks have tried similar moves on me, I have either
been able to move the matters to Federal court OR convinced
the plaintiffs that I would be successful in doing so.
Additionally, I have often filed against residency-diverse defendants
in my own Federal districts. Often, showing of a "sometime physical
presence" has been all that was needed to turn the bums into very
frequent flyers. "Frequent physical presence" of a non-district resident,
almost guarantees your opponent will be catching planes.
Fed courts are often much easier for little guys to operate in. The rules
are strict and evenly enforced; MANY hot shot state-court guys become
clueless in such venues.
The current PEP/Aquafina debacle illustrates that many Fed judges don't
wanna hear "it's just a technicality." I have had numerous "excusable
neglect" arguments - that would have flown in ANY state court - tossed
into the trash in Fed courts. (And, in general, it does not matter that the
big guys are rich/famous. I find the Feds a much better audience for my
stuff; I never feel cheated like I do in some state courts where the good
ole boys are all mobbed up with the judges.)
Dragging the corps into Fed courts is the most powerful weapon that the
little guys have.
............
California also has specific statutes with attorney's fees and penalty damages for selling altered sports cards generally and for selling false autographed sports memorabilia. Suing in California is the best way to get these statutes applied (not saying it's not possible in other states).
Kicking him off eBay accomplishes little - he will be right back with another ID under some name he controls. It's seizing his inventory and equipment (and other assets) that will destroy him.
Moving the case from state to federal court doesn't accomplish much for him, and there really aren't many ways to defeat jurisdiction in CA courts when he does so much business purposefully directed through a California venue.
Nick
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
CA Unfair Competition Law17200
Legislative Intent
.......The unfair competition law is not confined to anticompetitive business practices,
but is equally directed toward the right of the public to protection from fraud and deceit.
Furthermore, the proscription of “unfair competition” is not restricted to deceptive or
fraudulent conduct but extends to any unlawful business practice. The Legislature
apparently intended to permit courts to enjoin ongoing wrongful business conduct in
whatever context such activity might occur. ........
Any consumer, whether a customer/victim OR not, could bring/maintain a claim.
Unfair Competition Law 17200...Heavy Reading
////////////////////////////////////
CLRA - light reading
It is a bit on the moonbeam side for my taste, but might
be likely effective against MANY of the EBAY crooks..... IF
the CA-nexus is actually easy to establish; I agree
it appears to be.
The opportunity to remedy the violations seem to heavily
favor the crooks.
It may be worth trying, if for no other reason than to put the guy
on notice that he is under intense scrutiny.
I disagree that the guy likely has substantial assets.
<< <i>Just an FYI, the Mannighams are two DIFFERENT cards. One is the Gold verision and the other the Silver version although they have the same serial number. I doubt he's changing the foil embossing, too... >>
ok Correction. They are the same card. The Rookie Signatures/Patch Cards - # to 199 or less does not have a Gold/Silver parallel. Other cards have alt versions but not this one.
<< <i>
<< <i>Just an FYI, the Mannighams are two DIFFERENT cards. One is the Gold verision and the other the Silver version although they have the same serial number. I doubt he's changing the foil embossing, too... >>
ok Correction. They are the same card. The Rookie Signatures/Patch Cards - # to 199 or less does not have a Gold/Silver parallel. Other cards have alt versions but not this one. >>
How come the foil is a different color on the 2 cards? Is it the scan?
Save on ebay with Big Crumbs