(Topic ID: 108377)

The Official Pinside Kevin Kulek Skit-B Predator Discussion


By Xerico

4 years ago



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Topic index (key posts)

86 key posts have been marked in this topic, showing the first 20

Post #12066 What is PACER and where are you getting the court documents? Posted by c508 (2 years ago)

Post #12502 Links to where Kevin gives "his side of the story". Posted by BillySastard (2 years ago)

Post #12515 Updated court filings. Potential cash coming into bankruptcy estate. Posted by Wolfmarsh (2 years ago)

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

Post #12580 More legal pleadings. Posted by Wolfmarsh (2 years ago)

Post #12593 Facts & allegations document for VirtuaPin Posted by c508 (2 years ago)

Post #12801 Photos of Experts of Dangerous Posted by fastpinball (2 years ago)

Post #12872 Enaud's account of contacting fox regarding skit-b Posted by Enaud (2 years ago)

Post #13034 Description of an adversary proceeding (or AP) Posted by jasonp (2 years ago)

Post #13477 Discharge of debt denied by order Posted by Compy (2 years ago)

Post #13483 Stipulations for waiving chapter 7 discharge Posted by Compy (2 years ago)

Post #13528 Audio recording from Jan 27 court hearing regarding bankruptcy filing Posted by Wolfmarsh (2 years ago)

Post #13729 Summary of legal bankruptcy terminology Posted by Razorbak86 (2 years ago)


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-7
#538 4 years ago

Well, he can work on building games or he can hang out on the computer all day answering stupid questions and apologizing while everything comes to a standstill.

Which option does everyone prefer?

1 week later
#563 4 years ago
Quoted from RobT:

Clearly a false choice that you fabricated there.

How so? He has no employees....so either he spends his time building games or spends his waking hours on the net finding out what peoples questions are and answering them in addition to running his life.

Put a timer on next time you go on pinside. You would be surprised how much time you spend here. Add answering emails and there is no chance he would have any time to build games, work a job, eat, sleep, cook, let the dog out, shop for food, see your kids etc. Its just reality Rob, not opinion.

Thats why I did not get into this project at all. It had no funding to start with and minimal human resources. I give him a lot of credit for how far he has come, but now its crunch time and the shit is hitting the fan as evidenced by so many people being pissed off. This project has been going on for how long now...3 years? So he has to decide if he is going to spend his time cutting bait or fishing. Either way he is going to have people pissed off at him.

I will not "crowd fund" anybody again after what we went thru with WOZ, and WOZ was done thru a guy who has spent his whole life in the industry both in manufacturing and sales and knew the ropes. And he still ran into a bunch of roadblocks. Its a good lesson for a lot of people hopefully. Don't expect immediate results from "boutique" pinball manufacturers.

I hope he gets a quality game done and everyone gets what they wanted. But its not going to happen overnight with the budget restrictions he has and everybody wanting to twist his ear for immediate answers.

Post edited by playernumber4

2 months later
#1812 4 years ago
Quoted from spfxted:

What I don't totally understand is....when you make up a playfield, backglass, toys, etc...you show a license. I went to Staples to get one of my scripts copied. They wouldn't do it until I proved I had the rights!
Did EVERYONE just make up this stuff on his word??

When he introduced his roughed in prototype at the Michigan Expo nearly 3 years ago I asked him specifically if he had and problems with the licensing and if it was expensive. He said "it was no problem at all" and added that he already had the rights and it cost him $150. That was when I made up my mind to never get involved with this project at any price. I walked away muttering to myself "no way does he have the rights".

#1817 4 years ago

He did not specify if that was per game or not and I did not ask. I was more shocked that he said it was "no problem". When I asked him about their restrictions he said he had none except that they wanted it to be a quality job.

#1823 4 years ago
Quoted from playernumber4:

When he introduced his roughed in prototype at the Michigan Expo nearly 3 years ago I asked him specifically if he had and problems with the licensing and if it was expensive. He said "it was no problem at all" and added that he already had the rights and it cost him $150. That was when I made up my mind to never get involved with this project at any price. I walked away muttering to myself "no way does he have the rights".

At the time I thought he meant $150 total. Not knowing anything about licensing costs I just blew it off, but as said I was just more shocked that he said he had no restrictions on what he could do with the license and that he had no problem getting it.

2 weeks later
#5193 4 years ago
Quoted from foxct:

I put my last house in my wife's name, so if I got sued for malpractice the plaintiffs would have a harder time taking the house. I am not suggesting that's why Kevin did this, it's just one reasons a person would.

I believe a trust is safer. Check with your local attorney specializing in elder law. Lots of protections to having everything in a trust. Technically you own nothing...the trust does (or so I am told). We are in the process of setting ours up.

12
#5251 4 years ago

Kevin is going to end up being charged criminally with this. As an example I will relate this factual event:
Less than 20 years ago we had a councilman for the city of Sterling Heights, Mi who worked in a manufacturing facility as his day job. He made a bunch of keychains with Detroit Red Wings logos on the side at work and sold them to friends. There was not a lot of money involved, and everyone got their product. He might have been trying to work up to a larger scale of distribution when he got found out but we do not know that as fact. Well, he got charged with a felony. He lost his job at the shop, and got kicked off of the city council. He ended up taking a plea to a misdemeanor with a lot of probation involved to stay out of jail. The "criminal intent" required to charge him with the felony was simply the fact that he did NOT have a license and knew it, but took people's money for the product.

Kevin is WAY past this stage. His simple denial via electronic media of not having his licensing when confronted about it is enough proof of "intent" for a criminal charge of fraud. He has violations for interstate financial transactions for the purpose of committing fraud. And there are a whole slew of other criminal charges that would result from using an electronic device, computer etc for the purpose of committing fraud. And of course....we do have victims. Even if everyone were to get their cash back tomorrow he is screwed.

If indeed he does not have licensing there is nothing he can do at this point to avoid a criminal charge unless he can convince Fox to not make a complaint, and give everyone back their funds. Otherwise the only way to guarantee he will not be charged with a criminal offense is if he produces evidence that he has licensing and Fox agrees that they finally found it in their records.

This will be a long process of investigation for the authorities. They will want to make sure they have all their ducks in a row before they proceed with authorizing criminal warrants. I feel sorry for all of you who got sucked into this and its going to be a long ride before its over.

#5345 4 years ago
Quoted from mrgone:

this.
you nailed it. 1st it was preditor, then mmr, then tbl.
we pinheads are also a bit at fault because all someone has to do is say they are building the dream theme and some here go sex nuts and retard strong and beg on bended knee to have anyone take their money.
pt barnum said there is a sucker born every minute and 2 to take him. very true.
for future reference, never, NEVER PRE ORDER OR PRE PAY FOR A GAME! you want my money, you will earn it. spooky gets this, stern gets it for the most part. jack gets it.

You seem to forget about the first MMR with Wayne. I got tied up in that trainwreck for over 3 years, maybe 4. I sold my beautiful CV to make room for MM because he emailed me and said "your game is being built as we speak". Sure, we did all got our money back on that cluster. But it was the same song and dance of "no communication" on progress or hangups. Hopefully this is the end of this pre-order shit. Jack squeaked thru by the skin of his teeth. If this had happened a year earlier he probably would have had a run on the bank too.

#5673 4 years ago
Quoted from swampfire:

I think some people are confused. Infringing a patent or other IPR is not a crime; infringement is always handled in civil court. It might bankrupt you, but you won't be wearing orange. However, claiming to have a licensing agreement when you don't is Fraud; that is clearly a crime.

When someone accepts money under false pretenses it is criminal fraud...simple as that. If you know anything about criminal law you would know that there are "elements" that have to be proven before anyone can be charged criminally. In this case its very simple....he lied about having the legal right to produce the game and accepted money with the understanding that he would build the game. Thats it....done deal....he did the crime and giving the money back will not make the crime go away. I'm sure his attorney is telling him that right now. And he has to pay that attorney with something....

#5915 4 years ago
Quoted from Half_Life:

All this talk of refunds is nonsensical. I am not waiting patiently for Kevin to process a refund. I am going after my money full speed. To date, he has clearly shown he is not forthcoming with anything. Why would I choose to believe him now?

Correct. But for those of you who have needed the services of attorneys in the past you will recall that there are two things they tell you right off the bat.

1. Don't do anything...sit tight and shut up
2. Pay me immediately. I don't care where you get the money from but I will not provide you with any further service without cash up front.

So where do you think he is going to get the money? Yup...he already has it from buyers. Paypal is not going to be the problem here. Its very doubtful any refunds will be coming in the near future.

#6126 4 years ago
Quoted from RobT:

"Fox federal criminal case"?
What's the evidence for this statement? I'm sure you realize that Fox can't bring a criminal case against Kevin, right?

Yes, Fox can be the complainant in a criminal case. The felony charges can be authorized by the county prosecutor or state attorney general. Or either of those agencies can send the case up to the Feds because of the interstate transactions that have taken place. Its a very simple case....did Kevin have the licensing? NO. Did he say he had the licensing and accept money to make the games? YES. That is the two elements needed for the initial criminal charge for violating the licensing. GUILTY. He has no defense unless he can produce a licensing agreement. The next charges would be for fraud or obtaining money under false pretenses. His defense on that would be that he did not intend to defraud anyone because he had put out money and started assembling some games. The next charges would be for accepting money over state lines for the commission of a felony, and the accompanying charges for use of a computer or electronic media to obtain money illegally, commit a felony etc etc.

I refer you to my earlier post regarding the city councilman who got charged with a felony for copyright infringement for making the red wings keychains without a license and ended up taking a plea to a misdemeanor to stay out of jail. And that case was entirely within the state of Michigan with nobody complaining that they had paid for a keychain and not received it. And there was only chickenshit money involved in that compared to this fiasco.

10
#6440 4 years ago

Don't go knocking on his door.....shotguns blast right through them. And the guy probably has enough threats made on him already to get away with it too. You can bet your ass he knows all this is going on. You getting hit with a criminal charge is not going to change the final outcome of this one bit. It will probably just slow things down even more.

Hook up with the other guys via Starfighter and get your chronological statement of everything that happened together in an orderly fashion to be presented to the police department in your jurisdiction. That same statement will end up in civil court later too so make sure you have it all correct in its final form with every bit of information in it. You will need all dates, times, locations, account numbers checks were written on and full information on any communications you had with Kevin or his associates. Include what phone number you called him from etc. If you used paypal include printouts of the communications to and from them also, and copies of every email. If everyone does this it will make the entire investigation for the cops much easier and result in a much faster ending to this terrible chapter in pinball history.

#6530 4 years ago
Quoted from RobT:

Fraud would have to be proven though. It's not something Kevin is going to stipulate to in any BK proceeding.

The evidence needed to authorize the warrant is enough proof. States vary in how they describe the crime legally sometimes. "Obtaining money under false pretenses" is the same thing as fraud. Again, the answer is simple.
1. Did Kevin state he had the licensing even when others questioned it? YES
2. Did Kevin then proceed to accept money to build the game when he knowingly did not have the licensing and could not legally build the game? YES

His "intent" is inferred by his actions. He does not have to admit to anything or say a word. He has already said enough in his electronic statements to infer his intent. And he has not followed through on his promises in those statements to return anyone's money. So thats more false statements that can/will be used against him to further show his intent in the eyes of the court.
How can you accept money to build a game you have no legal right to build? How can you defend that act in court? If he had the licensing and his business model went upside down it would be a civil matter, not a criminal one. And no company formed etc? There is a lot of inferred intent here.
Add on the other charges that follow like ducks in a row for use of an electronic devise to commit a crime, the interstate financial transactions law violations, conspiracy to commit fraud (his mom and wife profiting from their positions in this) and there is a good chance of him being found guilty of some serious charges here.

The proof required for the charge is there. His defense in court will be that he had no "intent" to defraud, that he was just an incompetent businessman. Will the judge/jury believe his defense? Who knows? But if people do not get their promised refunds its a tough position to defend for his attorney.

1 week later
#7161 4 years ago
Quoted from Trekkie1978:

They wouldn't be left alone. See Napster from 15 years ago.

Napster was different because those who originally downloaded the music had it in their sharing files to re-share with others. Certainly not all of them, but enough for the court to have considered everyone involved to be a part of the conspiracy for both receiving the property and sharing it with others due to the fact that it could be copied on other forms of media and distributed further.

#7182 4 years ago

So was Kevin at Expo?

10
#7237 4 years ago
Quoted from ovfdfireman:

Unfortunately, it's not stealing. If you gave Kevin the money willingly ie wrote a check or sent PayPal. It becomes civil because he did not deliver as agreed/contracted. I know it feels the same, but it's not.

Its fraud. And that is criminal. The element that makes it fraud is that he KNOWINGLY could not build the games legally, but still took money to do it, and lied about having the licensing while taking the money.

If you know an attorney who is telling you otherwise you had best fire him.

12
#7494 4 years ago

This is a complicated case with many complainants to be interviewed, and a trail of paperwork to be lined up for the trial. It will take the prosecuting agency in Michigan more than a few weeks to put this mess together and present it to the prosecutor or Attorney General for warrants to be authorized. The best way to get the case sped up is for everyone to get their paperwork in a row chronologically to have their complete package ready for the investigator when you call him. If someone is already working with one investigator in particular please post his name and phone number here so that everyone can get their information to him directly without the case being looked at by 20 different people at differing jurisdictions.

#7617 4 years ago

Seriously now...after all of this whining nobody has yet contacted an investigator at the Midland Police Department, State Police, County Sheriff department or State Attorney General yet? I don't know where Kevin lives, or I would post the phone number of the law enforcement agencies who would be involved.

SOMEONE has to make the original criminal complaint in this matter and then post the name and phone number of the investigator who will be in charge of this case so that he can contact the victims and begin his investigation. And the caller has to be someone who was a victim of the fraud. There seems to be a lot of smoke being blown here and a lot of finger pointing but NOBODY seems to have made an effort to contact the law enforcement agency who will ultimately be conducting the investigation.

Anybody threatening with a lawsuit is just wasting his money and spinning his wheels. This is a criminal matter and it cannot proceed until the victims come forward to the agency who will doing the prosecution. You pay taxes which pay for the prosecutor, its does not cost you any money to prosecute other than the postage you might spend mailing copies of receipts, emails etc to the investigator.

So what is all this BS about if nobody here has the stones to begin the process of prosecution? Is everyone still waiting for the tooth fairy to put a refund check under their pillow tonight? Many people have been defrauded, yet nobody chooses to do anything about it except complain to each other?

Wake up people. And when you find out which agency is going to be handling it post the information here so that everyone can get their complaint and fact sheet to the same central authority.

#7628 4 years ago

Correct....each complainant is a separate count. However, they only assign one investigator to the entire case. That way there is no duplication of efforts by different investigators. The investigator will be able to get an individual charge against Kevin for every complaint he gets from a victim. That's why it is important for every victim to make a complaint to the proper authority. The investigator will also get additional charges against Kevin and his family for "conspiracy to commit fraud" and some other charges too.

13
#7657 4 years ago

The Michigan Attorney General is Bill Shuette. He hates the thought of the legal medical marijuana laws that the people voted for. He is more known for ordering police departments to think of creative ways to arrest legal cardholders and charge them anyway. He even ordered one department to send a copy of any police report involving a legal cardholder to their local gun board if they had a CCW. He tried getting a copy of the names of of the cardholders to every local gun board in the state to try to get their CCWs pulled.
So unfortunately our State Attorney General is probably not the right person to give a crap about a financial fraud involving pinball people. He would probably try to ban pinball if he could too.

#7742 4 years ago

And please remember this when talking to the detective....the more time he spends listening to you whine about non relevant issues (like how it was your grandson's college fund etc) the less time he has to pursue his investigation.

To quote a famous TV show "the facts mam, just the facts". This is going to be a time consuming investigation for him.

#7909 4 years ago

Doubtful you will hear anything from Kevin here. The detectives probably already have possession of his computers, and his lawyer has already told him to STFU.

#7937 4 years ago
Quoted from beatmaster:

so now the FBI is in there too? if so, that's not good.
i really hope everyones get something back, if there is anything left.
again, all of this could have been avoided with communications and transparency.

They feds might have been required to be called in due to the funds that got transported interstate. Its not financially feasible for any Sheriff dept to send their people out of state to interview victims and they have no authority if something goes wrong during an interview, so the feds just have one of their "local" guys do the work and get the statements. It also allows for some of the additional charges that can only be authorized by federal agents later.
There is going to be a long list of charges against Kevin when this investigation finally gets wrapped up. And if he does not have a substantial amount of cash to refund most of the deposit money life as he knows it will be over. If he has the cash left for most of the refunds he will not look like a total thief in front of the judge and it will somewhat support his claim of being an incompetent guy wanting to start a business. If he has no cash left and the judge sees pics of him and the stripper the judge will peg him as nothing but a con man and sentence him to the upper end of the sentencing guidlines.

#7952 4 years ago

Dont' give up yet. The court can appoint an "overserr" to legally take possession of everything everyone owns and sell it at auction, then they split it up evenly. Its works if the bad guy has something of value (Like Madoff), but if Kevin is living in a cardboard box with no hidden cash...well.....

#7955 4 years ago

Uh uh....maybe the credit card company has not passed the money over to the travel/cruise agency yet. Ya can always continue to hope.

#7968 4 years ago

As Rommy said........if you are a victim please gather the following to report to,the detective in midland. Please don't wait. Please call,him right away.
1- all your details, DOB, address, how much you paid, when, how much, in a one page summary email. Include dates! Declare yourself a victim of KKK and here are my details.
2- evidence of any contact you had with KKK - notes from phone calls, recorded messages, and emails. Attach all this to your email.
3- another email attached labeled Web Links where you put links to incriminating videos, podcasts, and websites. There will be lots of duplication but don't worry about that just do it.
Don't lay down for this! Call the detective! Gather info and email the detective ! That information is bullets in his gun.
Right now, as we speak, KKK is relaxing. He DOES have counsel now. They are taking the position that NONE of this is criminal, it's all civil. His position is he never lied, never defrauded. Don't let him do this to us. Help prove to that detective what a rat bastard snitch Kevin Kulek is.

And please do not forget to put the the exact dates you sent in money, the dates Kevin promised blah blah blah, and what Kevin's responses were to any questions (and when). This might not seem like important information right now but when it comes to the trial stage this is the type of information that that will destroy his defense. Make sure all of that information gets to the detective.

#7990 4 years ago
Quoted from PinChili:

Did he give you any other update? Is the FBI taking the lead? Is he still planning to meet with Kevin and his lawyer this week? And what day?

At this stage of an investigation the detective does not answer any questions.....he asks them. Its all part of how the game works. You probably will not hear much from him until he gets closer to the end of this investigation now unless the evidence against Kevin is so overwhelming that the detective makes a statement that warrants are forthcoming.

13
#8008 4 years ago
Quoted from examiner:

In a credit card transaction, there are multiple parties (the Merchant, the Merchant Services Provider, the CC companies and the card holder). In this case, Paypal is the "Merchant". Whatever bank/company Paypal is processing credit card payments through is the "Merchant Services Provider". Then of course there is Visa, AmEx, etc.
There are legal agreements in place all along this transaction chain - and one of the obligations spelled out is who will do what/when in the event of a disputed transaction. You must follow those rules to remain active in the credit card acceptance game.
None of those rules/legal agreements exist in an ACH transaction. You authorize your bank to send money to someone. They do it. You get screwed, it's between you and "someone" and not really an issue for the bank. Sure, they may try to help, but they have no real teeth to get anything done. Good luck though.

All the better reason to make sure EVERYONE makes a complaint to the detective. For all the fine print that is in your credit card agreements they might not have to honor your chargeback if you did not make a police complaint in a criminal action.
Even if you are getting a chargeback....continue with the process of making the police complaint.

#8070 4 years ago
Quoted from Enaud:

I hesitated to mention what's been going on because I've been afraid Kevin might be a flight risk. But he's finally been serviced by the Midland County Sheriff's Office, and I have a court date with him on the calendar.
So, if Kevin and/or his attorney read this, feel free to contact me so we can settle this out of court. Otherwise, I'll look forward to seeing you there. I'm glad to see a little traction made here, although I know there is still a long way to go.

So you are going to be spending money on attorney's fees (and attempt to get a default judgement against Kevin which he will be ordered to pay if he does not show up) or you will attempt to get a brief hearing with the judge ruling in your favor. Kevin's defense will be that he is still making the game so he does not have to give you a refund. Your response will be that Kevin does not have a license to make the game, and therefore cannot legally complete it.

And now is when it gets really interesting! The judge will want to know all all he can about the legality of the licensing. Kevin will tell the judge that he will prove he has the licensing after the Sheriff Department is done with their investigation and he is found innocent. The judge will drop his pencil and say "what investigation by what Sheriff Department?" Now Kevin will claim he is still making the game and that he has his licensing and will prove it if there ends up being a criminal trial, so he does not have to refund you or anyone else. The judge will ask why your attorney brought a civil case in front of him that has no merit until the criminal case is decided or at least the investigation is done (and he will not be happy). He will rule that the criminal case or investigation must be completed before the civil case can proceed, because if Kevin is found innocent in the criminal case your civil case is without merit. Additionally as he finds out how big this case is, how much money is involved, and how many victims there are in this he will quickly realize how complicated it is. I hope your attorney is working for free. Because if you believe that this case will be settled between your attorney and the local judge you have never spent any time in a courtroom. The judge will not allow each of these civil cases to proceed on its individual merits for the simple reason of it not being fair to all the other victims just because you got there first. Its just like the Bernie Madoff case.....everyone gets a small piece of the pie whenever a pie is found. In the Madoff case they even TOOK money from his earlier investors who had been paid and re-distributed that among the other victims. So if your attorney does somehow get your money back first the courts will come back for part of it to pay the losses of the other victims when it is all settled later.

That is why this whole thing belongs in one criminal court with all the charges being made at the same time and all the evidence being presented at the same time. Attempting to split it up into pieces in civil courts all over the country is not going to be efficient whether Kevin is found guilty or not criminally. You can file charges in the jurisdiction you lived in when you sent in the money, or in the jurisdiction where Kevin took your money. Nice mess that would be huh? Good luck getting any money.

Now if you are filing in small claims court its a simple matter. There are no attorneys allowed and there is a limit on how much money you can collect. If Keven simply does not show up he automatically loses and is ordered to pay by default, or if Kevin does show up and is ordered to pay, he just never pays. You then make a court date to ask the judge to get your money and the judge says "I'm sorry sir but we are not a collection agency. You will have to hire an attorney, find his assets, get him served with papers for a court appearance and have him appear in front of me. I will order him to pay you or forfeit his assets you found, and if he fails to do so I will authorize a warrant charging him with violation of a court order". Kevin then walks out of the court room after promising the judge he will do as he was instructed and mutters "f%^k that judge" as he drives away. At some point after that he will be stopped for a burned out tail light some night and an officer will arrest him on the outstanding warrant for violating the court order. The judge will want to know why he did not pay, and he will tell the judge he is broke and spend some time in the county jail. Meanwhile as far as your money goes...well....he does not have it. So he spends the rest of his life being stopped for burned out tail lights, telling the judge he is broke and spending a week or two in the county jail.

There is no guarantee that this is how the scenario goes exactly folks. But after 25 years of law enforcement I can tell you that it will be similar unless everything falls under one big class action civil suit, Fox does not prosecute, and Kevin still has a large chunk of the money left to repay everyone with. You have to remember that the credit card companies and banks now have a vested interest in this case too since they have given chargebacks. They will have their attorneys involved to make sure they get back their piece of the pie as well as getting reimbursed for their attorney's time.

Law Enforcement class 101 completed. I apologize for the very long winded sarcastic explanation. Good luck on all of your final exams and I hope everyone gets back every penny they put into this debacle.

-2
#8083 4 years ago
Quoted from RobT:

What are you talking about??
A Judge isn't going to defer shit to a criminal case. He will hear a single civil case on it's merits. There is no legal basis to say "one must be completed before the other".
If Kevin files for bankruptcy, that's a different matter.
Are you an attorney? Or did you just sleep at a Holiday Inn Express last night?

Kevin's defense is that he will still be completing the games. The judge cannot rule out that defense until the investigation is done and it is proven that he cannot complete the games because he has no licensing. The courtroom is a very interesting place to be sometimes.

#8084 4 years ago
Quoted from Enaud:

Sorry playernumber4, I have a little trouble following your logic. First, in such a civil case as this, neither side is allowed legal representation. It's me, Kevin and the judge/magistrate. This case and the criminal investigation are separate things. There's lots of good information provided in the links I provided above. This should help you understand the process a little better. Of course, I do not claim to be any expert, however the detective was very supportive and encouraging when I explained to him what I'm doing.
Now, if Kevin can't/won't pay, then it starts to get a good bit uglier. We file for a property discovery, and then force liquidation of assets. I sure hope it won't go that far. He'll just be digging his hole deeper if he plays that card.
Now, I do have a long drive ahead of me to get to Michigan, but hey I'm taking some time off and am going to make a little vacation out of it. So, I'm making lemonade out of lemons, if I can.

Bring some vodka for that lemonade Enaud. The court system can be very frustrating despite how clearly the process seems to be when you read the statutes. Again, good luck and I hope the weather gets better for your trip. May you be blessed with a magistrate who is tired of seeing people take advantage of the system.

#8089 4 years ago

Ah yes, forgot he said he is done. But he's toast with the Feds anyway.

I just hope that there is enough funds left to give everyone the majority of their money. I feel bad for Enaud driving all the way up here to plead his case. The magistrate should certainly smell a rat there immediately and demand to know the whole story behind his request. Hopefully he will get to leave with some of the funds he put out, but somebody is going to have to represent all the victims here and make sure they get represented equally. Congrats Enaud for going to such lengths for the team. I would pay for the Vodka for the lemonade if you were passing by this way.

-9
#8110 4 years ago
Quoted from Razorbak86:

What an innovative concept! Too bad there's not an existing mechanism in place in the U.S. court system to ensure that this would happen.

There actually is...and it would simply be a judge who really cared. One who cares more about victims of crimes than playing golf every wednesday. A judge has the authority to appoint a fact finder to a case, although there is no need since the detective will be providing him the information he needs to know.

But why am I telling you this...I'm just a stupid schmuck who knows nothing about the court system and sleeps at Holiday Inn Expresses. You guys can continue to argue it out amongst each other since you already have it all figured out anyway.

#8127 4 years ago
Quoted from wheels:

Another post from you about the legal system not grounded in fact. Your post suggests you had some bad experience in the past like an adverse decision. Care to share?

I've had nothing but good experiences with the court system for my entire life. Please continue with your expertise and advice.

2 weeks later
#8394 4 years ago

I am sure that when the prosecutor announces the charges for his arraignment the list will be very long.

#8399 4 years ago
Quoted from Noahs_Arcade:

You mean it's not capped at 250?

Oh no...there will be additional charges for conspiracy, use of electronic device to commit fraud, interstate financial transactions etc etc. Of course, that all depends on if the detective gets enough information from the victims to obtain a warrant.

#8447 4 years ago
Quoted from Enaud:

Next Tuesday. I'll be there. I hope Kevin will...

You had mentioned stopping by Marvin's when you are in town. Maybe you would want to hook up with some of the local guys when you're here? If so just let us know when. I'm unable to make it from some temporary health issues but I'm sure some of the other local guys would be happy to meet you and play some pinball. Its a good group around here. But of course us pinballers are a good group anywhere we are!

#8476 4 years ago

Probably because lots of Michigan pinballers never trusted this project in the first place. I had many discussions with our Michigan guys and everyone I spoke to thought that the game sucked or thought that the project would never get off the ground. I'm sure that's not how everyone felt, but that was the opinion in my social circle. Most of them just plain thought that the game sucked and had no working toys worth spending the money on.

#8482 4 years ago

They would still have the feds doing it if nobody from Michigan filed a complaint. Its just that the detective in Midland would have to turn over his file with all of his hard work to the feds, and they would take all the credit for the prosecution that was a result of Midland's hard work (cop joke...but it used too be true).

1 week later
#8531 4 years ago

Sounds like he conned the judge with "Negotiations with the IP owner were not completely exhausted". You're not done until you get the check. Hopefully there will not be future motions etc that require your appearance since you don't exactly live around the block. But if you don't get your check thats whats going to happen. The judge won't throw him in jail just for not sending you the check. I'm surprised that the judge did not give you the statement that "we are not a collection agency if he does not pay". Thats usually one of the standard lines in small claims court.

Good luck Enaud. I sure hope you don't have to make the drive again. Please keep us informed.
And congratulations on your efforts and getting this far.

#8668 4 years ago

He will wait until he is past the point of criminal charges and then will declare bankrupt.

1 week later
#8824 4 years ago

Every civil case I have seen in court resulted in the judge making the statement that he is not responsible for the money being collected. There will be more court hearings, and Kevin will have to be located by a process server to be served. It sounds like his assets at lest have been listed. I have never seen anyone get their settlement from one hearing and successfully being served by an officer of the court. Its always something more to add to the pile of shit. Whether its bankruptcy or more motions....there will be more court involvement before anybody gets a check sorry to say.

#8917 4 years ago

It sounds like the investigator told Kevin he could not be charged criminally if nobody lost any money. Its not unusual for a detective to clear a messy time consuming case off of his desk by encouraging the criminal to make restitution to his victims so that there will not be anyone who can be a complainant. Its also a great way to turn your workday into something positive by getting everyone's money back for them. Congrats to those who pursued their complaint and to the detective who undoubtedly encouraged Kevin to "do the right thing". I'm sure the threat of criminal prosecution had something to do with Kevin's decision though. Hopefully all those who sent checks will be made whole soon.

11
#9005 4 years ago
Quoted from NoahFentz:

I'm not sure why the 'cabinet guy' keeps coming up. The 'cabinet guy' is a company, VirtuaPin Cabinets, Inc, not some dude building cabinets in his garage. We were contracted to do a job, that's it.
Since 2013, we've started and stopped production on these cabinets 5 or 6 times, hired and trained staff FOR the job, moved into a larger facility to better handle the job, and purchased equipment and materials to finish the job. THOUSANDS of dollars were pissed away and bridges burned with suppliers for a job that never actually took place.
We will be more than happy to complete the job whenever Skit-B is ready. Until then, we've been burned just like everyone else on this project.
Thank you.

Hey cmon guys...its not his job to check with anybody on a customer's licensing. Look what people on this site have gone thru to try to find an answer to that...and a judge still seems to have gotten hoodwinked. They guy is a contractor who took on costs to do a job for a customer and he got burned too. Thats all he is saying....there are more victims here than just the buyers.

3 months later
13
#9667 3 years ago

If I were PinChili I sure would'nt worry about some on line threats from keyboard commandos in the pinball world. Hell, Kevin was walking around a pinball show buying games and nobody had the guts to even call him out, let alone do him any physical harm. Kevin is the bad guy here....not PinChili.
Although I can understand people being pissed at him for having the game. But he got restitution somehow, and nobody else did. Its doubtful that anything was done illegally on his part. But if so he will be hearing from Keith in the form of a court order in the future. No need to bring out the torches and pitchforks at his door.

#9729 3 years ago
Quoted from Enaud:

Let me just call that statement bullshit. I sued Kevin in small claims court back in May. I won. He shafted me and is in contempt of court. The little punk is avoiding me. Interest is accruing on the judgment that was awarded to me. I'm a judgment creditor and Kevin owes me. He's hidden his money and it's up to me (and Keith's working on the same type of stuff for his clients) to find it.

From experience: as I recall you need to serve him with the judgement first, return the proof of service to the court, and then find out what bank his assets are in for the judge to enforce his judgement to you. I would assume you would have to go through a collection agency to get the last part done.

2 months later
#10182 3 years ago

He would look better in orange.

As a retired LEO I am still shocked that he did not get charged criminally (yet). I know well that one of the elements needed to prove the crime of fraud is "intent" to defraud. Intent is difficult to prove, and that is apparently the rock he is hiding underneath right now. It looks like the authorities did not present enough evidence of that to the authorizing agency. They still can charge him, and the longer this plays out the greater the possibility is that they will have enough evidence to get a warrant. They are better off waiting until they have a rock solid case. And the contribution of additional evidence by people who have been defrauded does help to get a warrant later. If they go to trial and lose he is free for life because you cannot put a person on trial twice for the same crime twice.

The statute of limitations goes on for quite awhile yet. So do not give up on a criminal prosecution. Hang in there my pinball brothers. This is not done yet by a longshot. They just need enough evidence to convict him "beyond a reasonable doubt". A warrant will be authorized at that time. Intent could even be inferred by the amount of time lapsed. Or maybe enough evidence will be obtained that he never pursued his licensing.

11 months later
#12030 2 years ago
Quoted from QuickSilverShelb:

If Kevin doesn't show his slimy face doesn't that put him in Contempt of Court under Point #5 "willfully and purposely ignored and refused to obey an order of the court"?
Can this lead to an arrest warrant?
QSS

It does not matter if he does. The local police departments will not hold a prisoner on a civil warrant even if they find him on the road and are notified of it via the LEIN system. They will remind him of the warrant and send him on his way. The only civil warrants they hold anyone one are non payment of child support. They have been to low on manpower for years to hold anyone on civil warrants.

3 weeks later
#12073 2 years ago

Yes...the warrant from the U.S Marshall's office will be enforced by any local municipal officers. Glad to see that it is finally out there. He will be locked up soon unless they set a bond and let him pay it. He appears to be freely using the cash from his scam to pay an attorney.

I just cannot understand why the fed's did not charge him originally since there were multiple felonies of taking money via a computer, crime across state lines etc. I would have bet on the fed's charging him after they got all this information. Its a good thing nobody offered to place a wager on that one because I certainly would have lost.

#12173 2 years ago
Quoted from fast_in_muskoka:

Up here in the Great White North, cruisers have adopted plate readers.
Plate readers optically read vehicle plates / tags, which automatically then identify and alert the officer on rolling patrol. Drivers as well vehicles which may have issues are immediately followed and / or pulled over.
I'm uncertain if Michigan has adopted this technology or not.

It depends on the municipality, but many of them do have readers now. When he gets pulled over he will get locked up if it is a warrant issued by the U.S. Marshall's because they will pick him up from the arresting department...usually. Many losers out there have misdemeanor warrants from Detroit PD (as an example) and often Detroit does not have the manpower to pick the prisoner up from even 15 miles away. So they tell the arresting department to cut the guy loose for some lowball amount of bond with instructions to appear at the court on his own (sure he will....right?). It is not as frequent with violent felonies.

There might be some delay in getting the warrant signed or entering into the LEIN system during the holidays. But it certainly does appear to be coming. And yes, it will be a bench warrant. But judges get REALLY pissed when losers ignore them. Surely he will have some craptale of an excuse when he finally stands in front of a judge but it should result in a considerable bond amount. Hopefully high enough that he cannot afford it. If he comes up with the cash it certainly shows us that he stashed the cash in the batcave, but the court cannot make him say where he got it.

I've been retired for a few years now so things are even more efficient per the guys I run with who are still on the job.

1 month later
10
#13301 2 years ago

My guess is that Kevin will go on a one way road trip with "his mother's" RV in search of his long lost father and similarly disappear into the abyss. Until the U.S. Park Rangers find them camping in the RV with expired plates and put the silver bracelets on them...

I doubt he will continue showing up for his court hearings. He now realized he trapped himself with his own lies.

2 weeks later
#13951 2 years ago

I worked in code enforcement for a few years after retiring from the PD. One of our tasks was to check all the amusement licenses on the games in the city annually. All the city cared about was that they paid for their annual permit. They could put down anything for the company running them because the owners/company running them was not required to own a business within the city. Nobody at city hall checked for a valid business license.

As said...it was cash and tax free unless somehow they would get busted for something further up the chain as is happening to Kevin right now.

3 weeks later
#14404 2 years ago
Quoted from johngravenews:

I actually was sent a shirt. It seemed really it or miss who they were posted out to. Guess that should have been a warning sign. We were betting that he could build 250 pinball machines when in reality he couldn't even cope with posting 50 or so shirts out.

You gotta give it back......

2 weeks later
13
#14738 2 years ago

I would not expect that Keith would want to be the person to divulge this information. Especially since one of Kevin's defenses (valid or not) is that an internet campaign against him is responsible for his being involved in these legal proceedings in the first place. It would certainly not be in Keiths interests or the best interests of the parties he represents to leak information about proceedings that took place in the privacy of his office.

Can you imagine how such an information leak with Keith as the source could be used by Kevin's defense team (?) to substantiate his claim that he is the victim of an internet crucifixion of his good name by a group on Pinside that Keith leads? Kevin could make up any reason he dreams up as to the cause, from nobody liking his hat to his admitting that maybe he sold some used games to people that were not happy with them. Do not give him that platform!

The point is simple....do not give Kevin any excuse to claim that he is a "victim". Keith is a seasoned attorney and is well aware of how a case can go south over giving a defendant a platform from which he can defend himself as a purported victim in front of a jury. Please everyone...just standby and wait for information to be disseminated via the proper legal channels.

#14751 2 years ago
Quoted from spfxted:

You mean this whole Thread??

There is no telling what his attorney might use to influence a jury. Generally a defendant grasps at any straw he can dream up to claim that they are a victim. And yes...this entire thread could be used in an attempt to support his claim to a jury. Will it work? Will it distract a jury from the actual crime that has been committed? Who knows...but I have seen similar efforts get the sympathy of the jury and result in an acquittal. The O.J. case is proof of that....

#14754 2 years ago

A criminal case will be coming. The feds are just waiting for it to land in their lap with all the investigative work already done. It seems to be getting to that point soon. They will wait until the bankruptcy and any other civil case is done. This case involves too much money for them to ignore from a criminal perspective.

1 week later
#14843 2 years ago

I know some lawyers that cannot afford even an old routed game. It depends on how hard you work, your creative abilities, keeping your reputation unsullied, having an open mind, and sometimes just being in the right place at the right time.

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