(Topic ID: 108377)

The Official Pinside Kevin Kulek Skit-B Predator Discussion

By Xerico

9 years ago


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  • 826 Pinsiders participating
  • Latest reply 7 months ago by j_m_
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Topic index (key posts)

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)


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#9565 8 years ago
Quoted from Warbound:

<snip>
She said Speedway would have taken it out of her paycheck. I learned something new that day because I did not know employers could legally do that. Anyway, I hope these folks get their money back...or most of it after legal fees I guess!!!

Huh. I didn't know that either, and it turns out it's a bit more complicated than that - they can take it out of her pay, UNLESS doing so would drop her below minimum wage for the pay period - http://www.wagehourinsights.com/minimum-wage/collecting-debts-from-employees/

Very interesting, indeed. I wonder how many employers know about this.

1 week later
#9749 8 years ago
Quoted from Wolfmarsh:

You do not get to keep them.
For example, if you buy a stereo at a pawn shop that was stolen, the police will take the stereo from you and the thief will owe you the price you paid in restitution. The pawn shop will also get in trouble because there are laws around how they treat items.
Ignorance is a good defense to keep yourself from being charged, but you still are out the money and the item unless the thief actually pays you.

Will you people stop conflating theft with infringement of IP? You end up sounding like you take legal advice from a record company.

The rules about stolen property have absolutely nothing to do with the rules around stolen IP. Yes, I know - both result in losses to the owner, but they are fundamentally different under the law.

No, they can't take the pin from the buyer just because it infringes IP. They CAN smack Kevin around even harder for having sold something with the appropriated IP, and they can use the sale as evidence of Kevin's disregard for IP laws. But the pin itself is NOT stolen property.

#9898 8 years ago
Quoted from Betelgeuse:

Seriously, I got a set of 4ft tower speakers for next to nothing. It's just speakers, not complex electronics. They sound fine and have lasted nearly 20 years. The cabinets look great and worst case would be needing to upgrade the speakers in the cabs. I read some of the comments on the youtubes and others seemed to say the same thing.

The scam part comes when they start trying to convince people that it's high end gear and charge high end prices. I never ran into a scam one - the one time I saw one, the convo went like this:

him: Want to buy some speakers, man?
Me: What kind?
Him: Big ones!

I laughed and told him no thanks. Nice enough guy, anyway.

1 year later
#14424 7 years ago
Quoted from Luckydogg420:

I believe that everything happens for a reason; sometimes the reason is, you're an idiot that made a bad choice.

I go with: Everyone is here for a reason. Sometimes that reason is to serve as an example for others.

#14555 7 years ago

It's like a tow company that does illegal parking tows as part of their business - you can't take low ratings seriously because there's always some bozo with a grudge who's going to try to use the reviews against them.

#14580 7 years ago
Quoted from TheLaw:

I honestly don't think there was ever much of one.

I tend to agree. I think there might have been space for a Mythbusters licensed pin, but EoD didn't sound like much to me.

And I'll be that whatever deal happened with Savage, etc, that there was money up front, and proper paperwork. I suspect he's smart enough (and has a good enough agent) that he isn't getting screwed on this. Though I will say that I find it interesting that Kevin got to make a deal at all - I assume Kevin played off the supposed Predator license to worm his way into their notice. I'm a little surprised they didn't figure out that was BS.

#14602 7 years ago
Quoted from bigduke6:

Just a guess' but maybe he is looking for information. He can't get any info or paper work from Kevin about what the EoD licensing was worth or what was paid out so he's asking other manufactures for a reasonable dollar amount to be paid?

I would think that if they wanted to know what the license was worth, they'd just ask Savage, etc for copies of the contract and details of what they actually got paid. Given the context, they can certainly subpoena records from anyone Kevin was doing business with.

#14610 7 years ago
Quoted from T-800:

Not to beat a dead horse, but that doesn't say anything about what the license is "worth." All it would indicate is what may have been paid for it.

Maybe so, maybe no. Honestly, something is worth exactly what someone will pay for it. I doubt any other pinball company would have touched that IP at all, so I think it probably WAS worth whatever Kevin paid. Or it was worth nothing in the context of pinball.

Of course, the real question before the courts is: what money did Kevin spend, what did he spend it on, and was that purchase 'legit' or did he 'spend' the money as a cover to 'hide' it? So the 'worth' of the IP is kind of irrelevant - what really matters is what he paid, so the court can know where the money went (as much as is possible).

#14625 7 years ago
Quoted from desertT1:

That's why you do a "Pinball Is Hard" shirt and throw everything on it. Gremlins, RAZA, Alice in Wonderland, Predator, not-Mythbusters, and anything else I'm forgetting. Just don't get caught. :p

Who's gonna sue? Every one of those is someone who took the money and didn't deliver, and none of them have money for lawyers.

And yes, I'd buy that shirt, even though I was lucky enough to not have the money to go in on any of these cluster-<bleeps> and cons.

Also, don't forget Magic Girl and Ben Heck's Zombie Adventureland (before it was RAZA, it had Ben's name on it).

Yes, I'd happily buy that shirt.

2 weeks later
#14884 7 years ago

Is it me or does that thing from VP's lawyer look like they brought it to him at the last minute and he's throwing stuff against the wall hoping that something will stick while he tries to find his footing with the case?

I'd be amused to see if he knew about the multiple <10K checks - if they didn't tell him, that's gonna make him roll his eyes and wonder what he's gotten himself into.

Interesting to see if the same guy shows up in the next item from these folks - I wouldn't be too shocked if he bailed after figuring out what these bozos are up to.

#14886 7 years ago
Quoted from 2Kaulitz:

what did i miss why is virtual pinball guy on there ?

VirtuaPin Cabinets, Inc is different than Virtual Pinball (AKA VPCabs LLC)! Please do not confuse the two! Virtual Pinball/VPCabs has nothing to do with this mess!

VirtuaPin is part of this mess because Kevin payed them some money, and the Courts decided (partly because they didn't respond at one point) that the money was given to them not for services rendered or whatever, but rather as a way for Kevin to try to hide said money. The Courts therefore want the money back. VirtuaPin obviously would like to keep it, so they are trying to weasel out of having not responded.

This round of documents seems to be the VirtuaPin lawyer trying various approaches to try to get out of the default judgement. Some of them I simply don't know anything about (though Kevin sure has the law references to back up his response, which the VirtuaPin lawyer tend to lack), but others (we left voice mail! We swear!) sound a bit fishy to me, especially as they don't have dates/times, something I'd have expected a lawyer in such a position to make note of.

1 week later
#15000 7 years ago

"Has accepted a position with the Social Security Administration"

translated - "Holy crap my clients SUCK! I'm gonna go work for the government - at least they pay their bills!"

#15022 7 years ago
Quoted from Coyote:

Intellectual curiosity..
What happens to the house? It doesn't go back to the previous owner, does it? Or is it then owned by the state and auctioned off at the next tax/real property auction? What happens to the folks (bank) that has a lein on the property?

The state never will own it - they'll be holding it in trust (along with all the other stuff they recover from Kevin & Pals) to pay off money owed. I'm curious whether they'll sell it immediately, or if they'll hold it and play 'let's make a deal' with one of the bigger debt holders. I suspect sell it, because if you've had dealing with Kevin, you probably don't want any assets that Kevin knows where to find...

3 weeks later
#15529 6 years ago
Quoted from robertmee:

I like the judge, but at the same time, while he continues to err on the conservative side in all these judgments because defendants are not doing their due diligence he has to realize that this is ultimately costing the plaintiff additional dollars....On the surface I'm sure he sees it as being fair, but in the end, it's costing the very group of people that are trying to recoup money from these thieves. And even if the plaintiff receives relief from the court in the way of reimbursement, we all know, the defendants aren't going to pay.

But if he doesn't give them a lot of leeway, I bet he creates potential for appealing some part of the judgement later, making the whole mess take that much longer. It's kind of a pain, but if I understand correctly, he DID at least bill them for the plaintiff's time in dealing with their bullshit.

#15630 6 years ago
Quoted from Ballypinball:

Let me ask a question
If skitb was an LLC company, then none of the family etc would be in court, Kevin would not be bankrupt only the company??

Only if he managed it as a completely separate entity. An LLC is not a magic shield, it's more like a circle drawn on the floor - if you are scrupulous at keeping the LLC stuff in the circle, and the non-LLC stuff out of the circle, and documenting your very good reason when things go into or out of the circle, then if it all goes badly, only the things in the circle will be taken in the bankruptcy. You screw up the accounting, or randomly take things in and out, and you'll lose everything.

These bozos not only didn't have a circle, they seemed to have no idea that the money coming in wasn't theirs to just spend.

1 week later
#15760 6 years ago
Quoted from investingdad:

Ouch.
If the house is taken, this is a clear example of how the kids are forced to endure the hardship of poor, and fraudulent, actions of the parents.
I'm sure blame will be placed at the feet of the creditors, rather than on the faces in the mirror that thought they could keep money that wasn't theirs to keep.
The ironic thing is, had he set up a proper business entity and paid himself a salary, filed taxes accordingly, etc...the bankruptcy would probably hold water and a lot of this wouldn't be happening.
At least, I assume that's the case.

If the business had good records but was still operated fraudulently it would at least be simpler for the court to figure out what's going on because there wouldn't be room for people to whine about where the money came or went. Fraud still breaks the shielding the business gives you, but good records mean the bankruptcy court will only take stuff that's due to the business.

What the fraud guys do after that is of course a separate matter.

4 years later
#18469 2 years ago
Quoted from investingdad:

Seriously, though…did he intend to deceive or was he just grossly incompetent? I never understood that part.

No small number of financial frauds start out small from someone trying to cover up a small loss, then grow massively once the fraud ball starts rolling.

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