(Topic ID: 108377)

The Official Pinside Kevin Kulek Skit-B Predator Discussion

By Xerico

9 years ago


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87 key posts have been marked in this topic, showing the first 10 items.

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Post #12066 What is PACER and where are you getting the court documents? Posted by c508 (7 years ago)

Post #12502 Links to where Kevin gives "his side of the story". Posted by BillySastard (7 years ago)

Post #12515 Updated court filings. Potential cash coming into bankruptcy estate. Posted by Wolfmarsh (7 years ago)

Post #12528 Good summation of 2 year look back and possible fraudulent transfers. Posted by flynnibus (7 years ago)

Post #12580 More legal pleadings. Posted by Wolfmarsh (7 years ago)

Post #12593 Facts & allegations document for VirtuaPin Posted by c508 (7 years ago)

Post #12801 Photos of Experts of Dangerous Posted by fastpinball (7 years ago)


Topic indices are generated from key posts and maintained by Pinside Editors. For more information, or to become an editor yourself read this post!

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-1
#5849 9 years ago

I wish I hadn't gotten upset while off of the Napoli Coast with my family - really wish I wasn't clued into the anonymous' Wordpress via my freaking Facebook. Now, I wake up in the middle of the night after getting off the ocean and reading the Wordpress to see this thread has gone from 109 to 117. I'm far too frustrated (and tired) to wade through to see if what I'm currently thinking was said already.

Besides the fact they are as bloody verbose as Kevin, which was pretty damned annoying, I was extremely pissed at the means in which they handled the situation.

'We draw up the simple yes/no question about a run of Predator pinball machines, asking for a confirmation of official licensed merchandise status, AND ATTACHED A PICTURE OF THE GAME. Sent.'

Deep breath.

Why the f--- did y'all send a picture of the machine?!!!!! Ya tipped off Fox Bryce and made a point to prove infringement. When what you probably should have done was play this project down for the good of those involved, while getting the answer you wanted, and then share that answer with the rest of the pre-predator-payers. As a group of 250 we could have taken this info to Kevin and demanded our refunds.

This crusade of the anonymous turned selfish pretty quick. All but 1 are out, and that person has been waiting on a refund since November. Tried to take revenge and blow up the project after you tried to save your own arses.

I am not positive if it matters who the anonymous are. I'd almost wish to not find/figure out who they are. I lurk on Pinside more than I write, and most often Really appreciate those that post on this site. It will really bum me out to know their likenesses, and until I can reason otherwise, or get my damn money back (then drain this f'ing topic for good), I'm going to be pretty permanently disappointed with these individuals.

Maybe I'll get some sleep now, and find zen (plus a miraculous $3k in my account) tomorrow, with my last day on an island paradise.

Someone please tell me I'm off base, so I don't hold a grudge. PLEASE.

#5851 9 years ago

BTW. I enjoyed the coast (even after reading the WordPress piece and, yes getting upset). Then my family and I got to go to the Kauai Island Brewing Company, meet the brewer, drink some of his tasty brew, and play some games with him.

If anyone was worried.

#5854 9 years ago
Quoted from 27dnast:

Na Pali Coast is one of the most beautiful places in the world... lots of sharks...but worth taking a swim if you get a chance. That mountainous coastline crashing into the Pacific... a slice of heaven on earth.
Enjoy it!

Thank you! It was a great day! I don't swim, I drown, but my fiancée and brother-in-law hopped in to snorkel to get a beautiful view of a few manaray, and hear a whale. Wish I'd been in to hear the whale!

Drank beer with the rest of my family and enjoyed the view.

#5859 9 years ago

Well holy crap! I thought I had managed to keep somewhat up to date on this thread while on vacay, but I think I just found out the Wordpress came out 2 days ago.

I don't know why, but I decided to do a thread search on the word 'November'. I said I didn't want to sleuth out who the anonymous were (I also said I'd try to go back to sleep), but I thought I'd recalled someone specifically stating that they'd been waiting since November for a refund. I didn't find that statement, but found the Wordpress mentioned.

I guess I really have adapted to island time.

3 weeks later
#7778 8 years ago
Quoted from jlm33:

Can someone PM me detective Brent Benzing's email? I could find his phone but it will be simpler for me to be understood by email...
Or may be he loves listening to my awesome French accent

French accent FTW.

PM'd.

#8001 8 years ago
Quoted from fosaisu:

By "they" you mean PayPal, right? As I understand it PayPal is required to refund the CC company regardless of whether there's money in Kevin's account, and then PayPal has to try and recover from him. But assuming there's still money in the PayPal account, each chargeback is deducted (along with a $20 fee, apparently).

At least that was what I was told when I hit my brick wall with PP.

#8003 8 years ago
Quoted from Russo121:

Also, never use paypal linked to your bank account or you will be up sh*t creek without a paddle. Just like me.
Link Paypal to cards only.

Yuuuuup!

What I can't wrap my head around is how a Credit Card Chargeback can be addressed so differently by PP from an ACH Chargeback. It is such a similar process, but PP won't address the ACH Chargeback claim to the seller. It seems to be PP that is my problem, because my bank said they can and have done an ACH Chargeback through an intermediary through to the seller.

I also don't like that to have a 'verified' PP account you have to enter a bank account. They have a new percentage of account completion where the bank account is like 40% - so I fully figured that was the preferred payment method within PP.

I'm probably going to take it up again and see if there is a way through this. Money back like the CC payers sure would be nice.

#8016 8 years ago

I sent the Detective every email I exchanged (sent or received) with Skit-B. I didn't want to only send relevant, I sent everything - including the emails where I gushed about doing a Launch Party in San Francisco and Los Angeles. I was excited and had it all lined up - well with the exception of a Predator pinball machine.

I figured they should get the full Predator pinball experience.

1 month later
#8590 8 years ago

I'll be contacting Special Agent Anthony Kraudelt in a few moments. Just wanted to bump this, as I've gotten no refund, and a Chargeback is not possible for me as my PayPal was linked to a checking account.

I'm hoping for a means for a refund, and will hope that I will receive one. Although hoping doesn't put the appropriate pressure on Kevin Kulek, I'm guessing all those affected should contact the FBI agent.

Thank you for the info mitch1985!

#8594 8 years ago

Just got this response from the FBI detective on the case. Or, I should say, off the case.

>>
Thank you for your email. After a thorough investigation into the activities, communications, and financials of Mr. Kulek, and his business Skit-B, it was determined that no criminal wrong doing had occurred. As I’m aware you’ve been informed, Mr. Kulek was interviewed by both local law enforcement and the FBI regarding the various aspects of the “Predator Pinball” allegations. It was identified that Skit-B had made efforts to fulfill the requests of its purchasers, but had failed to obtain appropriate licensing in a timely matter to allow for delivery as soon as customers had desired. Based on the information provided to law enforcement, customers who have requested reimbursement through PayPal were made whole. Further, there was no evidence to show Kulek, Skit-B, or anyone, misused or misappropriated funds obtained from buyers for anything other than the research, development and initial startup costs associated with the Predator pinball gaming platform. At this time Skit-B continues to work with the legal right holders to correct any licensing issues in the hope of eventually delivering on their product. The FBI has concluded its investigation into this allegation and no further investigative steps will be taken at this time.

If you believe you are not receiving an adequate response from Skit-B, or PayPal, regarding your request for reimbursement you may want to contact to civil attorney and file suit for the purpose of redemption of your funds.
>>

#8597 8 years ago
Quoted from jonnyo:

That's too bad. Was there ever mention by the Detective or the FBI of the public statements Kevin made with regards to the licensing? I linked at least three: one in writing here (first post of the last major thread), a seminar video and a podcast. And I'd be surprised if there weren't others who have emails from him related to the licensing.

I sent a follow up email to the prepared email that I (and lamihh) posted above. I asked if it is not fraud to claim to have a license, publicly, while taking my money knowing full-well he did not.

I am going to send an email to Kevin's Lawyer requesting my refund... in 3..2..1....

#8602 8 years ago
Quoted from Enaud:

Now, the key point here is to make it well known (shouting from the rooftops) that said statement of license was a means to obtain funds under "false pretense". That's a key phrase. Should Kevin file for bankruptcy, the debtors can petition to have the funds considered a non-dischargeable debt since they were obtained under false pretense. Thus, bankruptcy won't be an option for Kevin.

Thank you Enaud! Your efforts have kept us well informed.

I sent an email back to the FBI Special Agent exclaiming exactly as you stated, that he took my/others' money under the false pretense he had the license to produce the Predator games. However, if I am understanding, the method in which he got me to send him money in itself isn't criminal. However, it would be a means of becoming a non-dischargeable debt in the even of a bankruptcy. Am I getting this correct?

I sent an email to Kevin's lawyer, copying the FBI Special Agent. As the Special Agent said in his email, all refunds have been given to those requested, I figured he could be copied on my co-orespondence asking for my refund (now for the 5th time).

Has it been mentioned, is there a way to take this to small claims court without visiting the [fine] state of Michigan?

11
#8606 8 years ago
Quoted from Kcpinballfan:

This whole thing just makes me sick.

I am very sorry, I know what you're talking about. I pushed off buying the engagement ring (and therefore put off the engagement) with my girlfriend to purchase the Predator Pinball Machine. I saved up, and bought her the ring the next year, and we are getting married this summer. Congrats on 15 years!

I can tell you, she was sad that we lost the money and didn't receive the game. However, we still play every night. Last night she wanted to take me on in some BSD - I'm not sure how she felt about the ring on her finger when she heard the 'Thiiiiiiiirttttyyyyy Millliooooonnnn's come booming from the machine - but, I guess she does still have Score #3 on the board

This burned a lot of us, but we, the good people of pinball, shouldn't let the Kevin Kuleks of the world get the best of us.

Stay strong man.

#8607 8 years ago
Quoted from jonnyo:

Cary, you can file the paperwork from out of state but you have to show up on your court date, unfortunately.

Roadtrip JonnyO?

#8612 8 years ago

An excerpt about a recent presentation made by our very own FBI Special Agent, Anthony Kraudelt:

>>
Kraudelt, who has a master’s degree in technology and has served with the FBI for nine years, delivered the serious messages about Internet safety with a dose of humor, pointing out many of the dangers kids might encounter online — cyber bullying, hacking, online predators, identity theft, inappropriate material and revealing too much information.
>>

You see, right there, beware of online predators. I cannot believe he spoke May 6th to this regard, but considers Kevin Kulek less than a criminal. Geesh, the FBI these days - say one thing, do another.

http://www.ourmidland.com/police_and_courts/fbi-agent-be-on-guard-online/article_0588dd85-f139-5167-9ee1-68257dd97dcf.html

#8613 8 years ago
Quoted from ZippyThePinhead:

I am very sorry, I know what you're talking about. I pushed off buying the engagement ring (and therefore put off the engagement) with my girlfriend to purchase the Predator Pinball Machine. I saved up, and bought her the ring the next year, and we are getting married this summer. Congrats on 15 years!
You chose a pinball machine over getting a ring for the woman you plan on marrying and spending the rest of your life with? That's messed up on so many levels!

I had to know she was for real.

Turned out Predator was not.

Wah wah.

16
#8646 8 years ago

Just spoke to Kevin's lawyer, Jon Emaus. We talked for about 15 minutes - I didn't want to take up too much time, as I'm pretty sure time is [our] money.

They are taking calls/emails from those affected, and putting us all on a list based on wanting a refund and wanting a game (I didn't laugh out loud, but wanted to). They plan to inform us on their plan in a mass communication within 30-60 days.

I asked a bunch of questions that he couldn't answer, and a few he could.

Apparently they are all but completely through the criminal cases, with only paperwork left to be filed.

PayPal was again mentioned as, in his words, sort of a trustee with the money held in escrow. He also said that PayPal was not being the most helpful on their end.

He couldn't tell me if Bankruptcy was an option they were considering, and couldn't answer if I needed to get in line for my money as an unsecured creditor (or whatever it is we may be called, which I've read in the thread a number of times). I have left a message for my lawyer, and will take their advice on what to do in this situation. He did say he wasn't a Bankruptcy lawyer.

I asked if Kevin was planning on paying those who he saw in small claims, and he couldn't answer.

Apparently, for those that wanted to disrupt Kevin's pretty little world, there has been some success. Police, sometimes 4 at a time, the local detectives, the FBI, Fire Marshals (I think I made that one up), all banging on his door at all hours of the day and night.

I have been bugging all of my email correspondence since April, with no email opens until yesterday. I copied the Special Agent, he opened both emails, and he responded twice asking me to keep him out of it - to which I responded are you sure this isn't fraud? The lawyer opened it, then called/emailed in response. I am pretty sure, though, that Kevin opened my note from his personal email address, which, by the way, is all over the web. There is even a webpage where he lists yahoo messenger, ICQ, MSN and AIM usernames - I haven't started WUPHFing down all those, but I may start soon. I guess, while the Feds won't help, I'll just get annoying as fcuk.

#8647 8 years ago
Quoted from playboywillis:

To the many of you who have continued to support us and prefer to receive your game, I'm sorry to say that this is the end of the road and you, too, will be receiving a refund instead of a machine. - Kevin Kulek

The lawyer said that Kevin hasn't been communicating well, and that they are still working with the license holder, 20th Century Fox, to get the games made.

I asked the lawyer if he was involved in that discussion, and he is not.

#8664 8 years ago
Quoted from jlm33:

Would you please PM the attorney's email? Perhaps more reliable than Skit-B...

Quoted from MagicMako:

I'd be interested in that email as well, much appreciated.

Quoted from Whysnow:

I to would like the email

Quoted from Perspex:

ditto on the lawyers email you used

Quoted from Trekie:

ditto on the lawyers email you used

Info sent via PM.

#8681 8 years ago

I just got off the phone with my lawyer.

His advice to me is to send a certified letter to Kevin's lawyer stating that I am giving official notice that I am an unsecured creditor seeking my $3k.

From what he tells me, sending the aforementioned letter is the same as the judgement that Enaud got, and puts us all in the same 'unsecured creditor' line-up in the event of bankruptcy. Except that Enaud has already proven that Kevin owes him money. When Kevin goes into bankruptcy, and after receiving my letter, I'll be given the opportunity and a deadline to prove that I'm owed. Also, after sending this letter, I will be kept apprised of his bankruptcy proceedings.

He had no further suggestion, as no matter what I do I'll just be chasing him down for money.

I asked about the PayPal 'trustee'/'escrow' mumbo jumbo, and he said it is just that, mumbo jumbo. If he wanted the money, he could ask for it. PayPal wouldn't want to be involved with this kind of dispute and would rather the money not be in their hands. At least that's his opinion.

#8684 8 years ago

You got it.

So do the others that have asked.

#8685 8 years ago
Quoted from CaryCarmichael:

From what he tells me, sending the aforementioned letter is the same as the judgement that Enaud got, and puts us all in the same 'unsecured creditor' line-up in the event of bankruptcy. Except that Enaud has already proven that Kevin owes him money.

Ooh - I do want to point out, Enaud, however, may get paid for his efforts. I'm just not flying out to Midland International Airport to find out for myself. I do not yet have plans to, anyway.

#8699 8 years ago
Quoted from Nibbles:

If you don't want to email the lawyer, you can always call him too. He picked up right away when I called (and from the looks of it when Cary called).

Word.

#8708 8 years ago
Quoted from Russo121:

Kevin Kulek's Attorney details PLEEEEEEEEASSSSEE.!!!!!!
Post it here in public if you don't want a hundred more PM's asking for the address. Thanks.

I wasn't sure if it was allowed, and before thinking to post, I was poppin' out PMs. If someone says it's cool, I'm down. I might be a little productive at work today.

Oh, PM sent.

#8732 8 years ago
Quoted from MikeHogue:

Can someone post or pm me a sample of an unsecured creditor letter?

Something that all of us in on Predator can use that will stand up in court.

I haven't written mine up yet, but from what my lawyer said, I just need to include the choice phrase, 'Consider this letter an official and formal notification that I have paid $3k and expect to be paid whether or not Kevin Kulek, or Skit-B Pinball, file for bankruptcy'.

I didn't write it down as he was speaking, but that was the gist of it. I do plan on researching and coming up with some internet savvy version. This is most useful in the event of Bankruptcy, and after we've been identified as unsecured creditors. They are required to (and most likely interested in) identifying all creditors possible, otherwise they aren't bankrupt. Then the court appointed individual breaks down who gets what. This is what I understand.

Another interesting thing my lawyer said, was that individuals can also force an entity into bankruptcy, which forces them to itemize their accounts. This went a bit over my head. Although, it seems that would force Kevin to have someone from the bankruptcy court to take control of this mess.

1 week later
#8900 8 years ago

Huh. Very interesting. I paid via PP with a linked checking account. Both my claims were closed by the Bank and PP, and they didn't get that far.

I'm amazed to hear that the Attorney says they aren't doing this. They gave me what I requested, which was less than I gave Kevin. I gave $3k and got $2,750 pushed to my account. I had told Kevin via email that I would take $250 less if that helped him issue refunds, and stuck to my word when I talked with his lawyer.

Wild, wacky stuff.

#8904 8 years ago

It says clearly From Skit B Pinball, and along with a transaction ID it has the note that it is a Refund.

#8907 8 years ago

Man, I really don't want anyone left without a refund! Please be vocal to his attorney, and here in the thread.

#8911 8 years ago

Shoot. I sent his attorney my info over email and then on the phone the next day on 5/26 & 5/27.

My Bank stuff was started and closed so long ago. I cannot imagine it came from those disputes. I started 2 with my bank, and both were promptly closed. I spoke with PP, but never filed a formal complaint by myself, just what my bank did for me. That was also closed.

Un-frickin'-believable that you, Enaud, have not seen your refund. Of any of us I'd imagine you'd be one of the only Refunds, if not the First. You certainly shouldn't need to be more vocal!

I am not sure if it matters, but I sent my emails to his attorney copying the FBI Agent and Kevin's personal email.

Are those receiving refunds folks that emailed Kevin personally? Or perhaps CC happy folks like me that copied the Agent?

#8914 8 years ago

I have no idea where I ended up in the production order, I was in the hundreds. I had actually requested my build order be pushed off to 249th, as that would match my game #. However my request was approved by Kevin, the most recent build notification still had me in the hundreds.

I'm not sure that we can delineate any logic behind these refunds. That doesn't stop me from wondering what is going on here. Like maybe PP couldn't release all the funds at one time?..

I was very supportive of Kevin with direct emails to him up until he said it's all over, but again I'm not sure that played any part in the refunds.

#8924 8 years ago

Talked with PP to see how much I could get out of them.

Initiated by [email protected]. Either by echeck or an attached bank account, they act the same way (as I was told, anyway). It is pending for 3-5 business days (the term required by this form of transaction). If the funds are available it will be completed.

I had un-attached my checking account when trying for my chargeback, but if I re-attach my checking account it should be immediately available for transferring the full amount to my checking account. Then after it is in my account for good, I'll be re-un-attaching for good.

I hope he has enough for the refunds already issued, and enough to refund all involved. I'm guessing he got through a stack last night. So, hopefully another stack tonight!

#8931 8 years ago
Quoted from PinballSTAR:

Definite stall tactic.

Totally. All what you said - except - I think Kevin Did these refunds. PP doesn't know or give a shit about me, my claims were dead as door nails. 3:30am, as was mentioned, that's Kevin's MO. That's probably why Mr. Enaud was miffed.

I'm hoping this $hit clears the bank, and more rounds of the same.

#9115 8 years ago

Same 'Removed'. Oof. That's really lame to lose money twice.

#9118 8 years ago

If Kevin's lawyer buys a goddamn Magic Girl I'll be pissed!

For the record. I see a 'Removed', not 'insufficient funds'. He was implored by the lawyer, as I'll assume, to cancel the refunds.

If there is money in that account, he initiated a refund, I sure hope PP claws that money back in my direction.

Gotta get the day started with some coffee before I go into PayPal mode. Again.

17
#9137 8 years ago

On with PP, still, after 30 minutes.

First rep said that the refund was initiated using an attached bank account or e-check, Not via his PP account.

The rep said, "I am not supposed to tell you this, but he cannot pay from his PP account because it is a negative balance", I ask how much, "$94,000".

I am on hold as I try to start a claim now based on my refund transaction ID, which is current enough - at least that is my hope and assumption while I wait on hold.

#9146 8 years ago
Quoted from Nibbles:

Wonder how many people actually got charge backs through, how many times does $4k go into $94k

Well not many, between 20-30 goes into $94k.. But how many more were processed with money existing in the account before it went negative?

If Kevin/lawyer truly couldn't get money out, then the PP account has been run negative.

#9156 8 years ago

1:45 minutes, 4 levels of PP.

Back at the bank, because the last level of PP said they would honor an ACH chargeback (different than what I'd found through my last round of reps at PP). The bank cannot process an ACH because of federal regulations that limit that process.

Because I'm just livid, I am now just rolling up the bank chain.

15
#9160 8 years ago

Well, I cannot seem to unfuck this situation.

The representative at my bank that cancelled my claim due to ACH chargeback limitations is going to call me to discuss the exact place in the Regulation E, which governs an ACH chargeback, where it states I'm screwed out of performing the chargeback.

I got to start over all of these crappy emotions due to the Refund Cancellation.

I am so sorry for the rest that got yet another up-down from this roller coaster. This recent set of events stings me more than the first time I thought I'd lost the money.

#9162 8 years ago
Quoted from PACMAN:

Kevin is FUCKING with us because he is a sociopath and thinks he's got a free pass from law enforcement.

Man, PACMAN, your avatar is a perfect snapshot of my face this morning. Any issue with me adopting it for a day? Just kidding - but it is perfect.

#9166 8 years ago

Ok, I started a 'Secret' FB page. Who's in this mess and wants to chat privately about potential steps we take as a group?

PM me, I think I'll need your FB ID to add you - I'm not super savvy with the FB, but I agree that we need to communicate privately.

EDIT: I have been offered by an individual not directly involved that is willing to set up some means of privately communicating, that is outside FB. Holler over PM if/when you are interested in privately discussing our options.

#9224 8 years ago

We are forming a group FB, to join PM me you email address used on FB.

We have a backup option if FB isn't preferred.

Let's at least start communicating as a private invested group. Lots of good info on Pinside is possibly being passed to Kevin, et al.

#9226 8 years ago
Quoted from Wolfmarsh:

If I can support you guys with a free private wiki, free private message board, etc... Please let me know. I've got webservers with the capacity. I would even foot the bill for a domain name as long as it called kevin out in it. like kevinkulekisathief.com.

Thank you, Sir. We have a couple other offers for the same - lots of smart Pinside people! I do like the URL idea!

Really, though, I don't think there is much more time to act.

#9243 8 years ago

Damn! I was driving and didn't get the WhySnow news! Well, while I am curious what that is, I think I've added everyone that has asked to be a part of the secret FB. Holler back if I missed you.

#9251 8 years ago

Ok folks! I finally stopped driving or working! I believe that I got to everyone that wanted into the FB Group. If I have missed you, or you are a buyer that wants in, just holler at me.

Thanks.

1 year later
#10895 7 years ago
Quoted from ForceFlow:

He did get called out, and did get taken to court. How would mass-media coverage further address the situation?

I think it would help if in that media piece Anthony Kraudelt of the FBI is given pressure for letting this slide. That might reinvigorate the criminal investigation - not sure if they ever 'closed' the case on it, but they definitely aren't working hard to fight for those that lost on this case of fraud.

1 year later
#15980 6 years ago

That was a really fun read. Thank you.

I got a call on Monday from a friend that is editing the new Predator. He didn't give me a date, but asked me to come to a screening. I'm all, "fuck yeah!.. you know how I threw money away on a Predator pinball that I'll never have, right?'

I wasn't exactly looking forward to seeing the new flick until I found out my buddy was editing, now I'm all jazzed on Predator again. Good prevails in the end.

Ya hear that, Kevin?

10
#15982 6 years ago
Quoted from vdojaq:

Maybe he could hurry up and get the license on the "new" Predator?

I don't think he'd have the right number for Fox. With it just entering the theatres, he'd still have a good 3-6 months before the DVD comes out.

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