Did you say yes sir or yea sure?
http://www.dailymotion.com/video/x2m7uxx

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Thanks for posting as it was definitely an entertaining to listen to. Hopefully there will be a part two next week if he doesn't skip out due to "if I can't get in contact with my attorney" excuse.

But from what I gather - Kevin should start investing in some soap on a rope as he's going to need it very soon.

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So when do his wife's camera and equipment get taken back? You know Kevin probably paid for a bunch of it.

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"The marshal and his team that came to my home today....treated me with the upmost respect and dignity"

haha....pu$$y.....

Right after Kevin's comment the judge says "Well thank you...you got that going for you...."

I honestly believe if Kevin had just been honest when he was caught lying and said "sorry guys, I messed up and thought I could push on even without the license" "I have blown through all but 400k and now I am in a spot where you can all come sue me for your full amount or I can offer you back 50% of what you put in" "I have the original 2 prototypes, 250 skeletons, and a handful of parts to make 10 games that dont have license stuff on it and can be sold"

You will each get $1500 back plus a skeleton and my sincere apology...

I really think the majority would have walked away and chalked it up as a lesson learned. Instead he choose to continue down the alternative path and a few of us are going to ensure we bleed him for every dollar possible and make sure his life (along with every last person even remotely involved or contributing to his livelyhood) can be as inconvenienced as possible.

How did the audio get recorded? Is it public? And please tell me its going to be recorded next week?

I doubt it. Sounds like it was recorded for the record since the marshals grabbed him, broght him in front of the judge and Mr Nathenson has to call in. So it was recoded for the record. But next week they will meet at the court for Kevin's safety ( ) and there will be a court reporter.

Absolutely. He may have been able to do what you describe legally with council, too, and it would have kept him out of jail.

Too late.

If I were in his shoes, I'd get together all the paperwork I could (He can at least get a copy of all the paypal stuff) and show up with what I could get, turn it over and basically throw myself on the mercy of the court. The paypal records would at least establish what he received, that's easily provable by just signing into the account and printing things out (or call Paypal and have them prepare some sort of statement for you, they'd do it).

If he shows up and shows exactly what he received, maybe the judge will take it as a sign that he's at least starting to come clean. If he shows up with more lies I imagine the judge is going to have him held in custody until whatever's next.

Wow, this guy is f'ed. If he supplies the records, he's basically incriminating himself for perjury and hiding assets. If he doesn't, it's off to the pokey anyway.

Some criminal mastermind! I'll be surprised if he doesn't disappear down the rabbit hole like his old man.

What I don't get is his lawyer. Kevin did try to refund money through paypal to some of the early buyers - then reversed it a day later at the direction of his lawyer (or so what the community assumed). Did his lawyer just bail?

If he refunds some people but not everybody (because some money's missing) it could get really complicated, so I'd imagine his lawyer told him they were going to do it PROPERLY, which is basically take the sum of money collected, subtract legitimate business expenses, then refund a percentage to everybody equally based on what they put in.

You know, like a REAL business would do... the lawyer probably figured out about a week in that Kev was screwing him around too so bailed months ago. The lawyer probably started with the assumption that Kev just didn't know what he was doing and wanted to 'do the right thing', then figured out quick he was scamming everybody.

Another thing...it might be that the small group that had the PayPal refunds declined days later have been omitted from the list of people he owes money to.
I know my name isn't on the list and i was one of those people. Not sure if anyone else in this group checked the list.
Not that it ultimately matters, but that dollar amount stated might be deflated.

As others have said, this is GOLD. Thanks for sharing the MP3. At least 2 or 3 times I think I heard "restrained laughter" when Kevin said he didn't want to be "uncooperative." Hahaha.

I'm merely an observer in this thread, but if anyone wants to "pass the hat" for Keith, I'm totally game, seriously. It's so awesome that Kevin is finally being held accountable; I hope it keeps up.

Chris

My friend paid with PayPal. He received the notice that Kevin had refunded the money except for the $250 initial deposit. When he went to get the money of course it was not there. He is included in the list the court has for the full dollar amount.

Someone caught this picture of the US Marshall when he showed up at KK's door. "Come with me...."

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This was taken shortly after .....

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I listened to this again a little while ago. Kevin knows exactly what he is doing. My new guess is he will show up next with a new legal counsel that is going to ask the court for an extension to help Kevin get his paperwork "in order" . He will argue that Kevin was misrepresented by his former lawyer. All stall tactics, but it could work especially if the judge feels this is remotely possible.

Does Kulek have the bank records from the money he gave the myth buster guys? Would be interesting to see how much those guys got.

Here's the video form the Marshall's GoPro....

Wow. Undrained this baby! Wondered wtf was going on after I listened to that pitiful hearing and didn't see any commentary

5 kids too. What a pos.

Judge is going to F him up next time. No way he provides Bk trustee what they are asking for

Time to grab your ankles

Most lawyers don't like saying those things about their predecessor counsel to the court even if it helped buy time. If the judge has interacted with the past lawyer getting blamed for misdeeds before and likes that lawyer the new lawyer is toast. Also, the table is round and you never know when one day that lawyer you just took a bullshit dump on to buy time for a client will one day replace you on a case...if you take an unnecessary swipe at a peer that peer may start gunning for you and may hurt you in ways professionally you never even understand or know about.

Exactly right.

It is pretty unusual for an attorney to use the "my client was misrepresented by prior counsel" or "prior counsel was incompetent" etc. unless it is a criminal conviction that has been appealed.

Not everyone paid by Paypal. So there is another sum of money to be accounted for.

I really do wonder how much money Kevin brought in?

The range of money that people gave Kevin for a deposit seems to vary widely. As little as $250.00, I've seen others at $1500.00, and others at $3k. And of course there are some who paid in full.

I also wonder how many people actually gave him money? I know it was supposed to be 250, but I doubt that many people actually gave him money, and of course some got their money back..

I do have a hard time believing that he actually brought in $1.2 million, and has somehow successfully hidden it to this point, but who knows?

He was asking for payment in full for all of the orders right there at the end.

I know that he made a big payment to the cabinet guy, something happened and wanted help getting those funds back.

Now I wonder if that wasn't just another bs move to launder $$ knowing he was about to shut it down

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KK:
"I don't want to give the example, or the appearance, that I am trying to be uncooperative."
"I'm more than happy to be cooperative."
"I am absolutely not trying to be uncooperative."
"I'm here to talk to you about my willingness to cooperate."
"I'm here to tell you that I'm willing to cooperate."

Well, wanting to be cooperative and actually being cooperative are two completely different things.

Saying you want to be cooperative and actually having the desire to be cooperative are different things, too.

The saying "actions speak louder than words", comes to mind.

Hopefully the sayings, "your days are numbered" and "your shit out of time and luck", apply to Kevin the sooner the better.

Boom! There's the post explosion I knew would happen when he was picked up. At home no less.

Can't wait for the next round. While it might not be audio recorded, I'd read the whole thing if it was posted.

Correct, and I don't think hizzhonor picked up on these weasel words.....

Don't underestimate Judge Opperman. He's been a federal bankruptcy judge for over 10 years. Before joining the bench, he practiced litigation, bankruptcy, and real estate in his private practice. All three of those elements are integrally involved in this case.

If he wanted to cooperate so bad why'd he have to get picked up by the US Marshall to even be present...

you're talking in circles!

It seemed to me the judge was very lenient. Numerous times I wondered, oh, he's got him cornered now, and he didn't follow up on any of Kevin's excuses, but just let them stand. As others pointed out there were a few obvious inconsistencies. He even asked Keith what he wanted, and suggested he had no problem making Kevin do some time. Keith suggested as much, but then the judge didn't follow through. I thought the judge was very sympathetic and understanding of Kevin, and Kevin's games seem to work again.

But from what others are suggesting, maybe the judge has heard it all before and is just being patient, giving him one last chance, and then will bring the hammer down. Also letting Kevin roll out his own rope eventually hanging himself. I suppose that is the more likely scenario that is playing out here. But the lenient attitude made me wonder if this will continue to play out slowly, status quo.

Was there any word on what actually triggered the marshals to pick Kevin up? It seemed like that might have been a long shot, and the order would be low on their priority list. But that actually went pretty quickly.

I didn't want to see a new pinball company get hit with fees. So I sent a cashiers check.

Paid in full too!

I'll bet this judge has heard all this stuff 100 times. He probably has 10 favorite ways to make defendant's life hell that he likes to use, and will exhibit favorite way #1 next friday depending on what happens.

If Kevin's smart (he's not) he'll do everything the judge says, exactly how he says. So stupid to lie to a judge, they have almost limitless power and can ruin your life in a myriad of ways.... and Kevin's already lied to this one, that he just met today, a dozen times ON TAPE.

In most jurisdictions, an attorney of record must file an application/motion to be relieved as counsel. Nonpayment of counsel fees by the client may or may not be sufficient cause to grant the application. I imagine that this unsupported allegation about Kevin's current lawyer having failed to disclose documents will be the subject of a future proceeding. Also, I agree with RobT and Tigerlaw (for the reasons stated by each) that it is highly unlikely that a new lawyer on behalf of Kevin will lay the blame of nondisclosure at the feet of Kevin's former attorney. That particular stall tactic is doomed to fail, in my view.

basicly....
he's up shits creek with a turd for a paddle?

I would hope anyone involved in this would have been in touch with keith long ago.

it came to a point where to stay in you had to send another 2750 or you were out - so everybody had to do the 250 deposit and then the 2750 - I know I agonized on whether to continue when he asked for the 2750 - "choose wisely" - I did not listen to my Indiana jones at the time - I chose wrong and paid the 2750.

so if some people are out 250 they didn't send in the next required installment.

thanks ed

I think you are correct. He probably didn't take in $1.2 million, but without the documentation, a number has to be presented.

His liability for these debts is somewhere between $0 and $1.2 million, for sure.

I'm not going to publicly conjecture on what my strategy would be to defend against it though, I don't want to inadvertently help Kevin out.

Lol, but, but, he provided excel spreadsheets for everything! They have to be completely accurate, right? No one would think about faking an excel spreadhseet, would they?

Just an assumption on my part here but if Keith is stating there was 1.2 million given to Kevin (and the Judge who is likely familiar with the case didn't flinch at that figure) then my guess would be that there is some sort of evidence on the other side of things that that sum of money was given to Kevin regardless of what the idiots excel spreadsheet may say (I like making 'creative' spreadsheets as much as the next guy). Its now up to Kevin to show where it went.

Yep, the figure probably came from the information gathered from 3rd parties. 3rd-party information gathering is a haphazard process, especially without a primary source to work from. A lot can be missed simply because there aren't records to work from and you basically have to work backwards to try to identify people and try to obtain the documentation that they have. So, there was likely only a reasonable certainty for a certain amount of funds based on that.

I wonder if they factored in the funds that Tim F., and all the other cling-ons, that paid Kevin for the remains after the shit hit the fan? ... probably.

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Can't wait to listen to the audio...

In my view he say straight through it - hence the urgency of the next hearing.