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☛ Tommy Manion settles with NCHA 10-13-17

Posted by on Oct 13, 2017 in BREAKING NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 1 comment

TOMMY MANION SETTLES LAWSUIT WITH NCHA

By Glory Ann Kurtz
Oct. 13, 2017

Due to the fact that I’m in the middle of a move, yesterday I was dreading to go to the Fort Worth Court House to attend the Tommy Manion vs NCHA lawsuit; however, Manion evidently came to his senses and realized he was in the wrong – apologizing to the NCHA in an open letter posted on the NCHA website  to the members, following a meeting with his lawyer and the NCHA on Wednesday, Oct. 11.

The case involved him shooting an unruly stallion that he brought to a cutting in Whitesboro, Texas, that he repeatedly shot in the hip with a BB gun concealed under a jacket on his arm. However, a cell-phone video taken of the entire event was sent to the NCHA and circulated among NCHA members. When they sanctioned him for animal abuse and the non-compliance with the association’s recently implemented Zero Animal Abuse policy, Manion filed a lawsuit against the NCHA.

However, it didn’t take long for him to drop the lawsuit and apologize in an open letter to NCHA officials and members that was  published on the NCHA website, realizing the evidence was overwhelming that he had violated the newly created Zero Tolerance Animal Abuse Policy of the NCHA. Besides, that the more than likely “unwinable” lawsuit was becoming very costly.

But Manion didn’t get completely off the hook for his apology, as the the settlement included the following terms of the settlement:

1.    Suspension of NCHA membership for six months beginning August 9, 2017

2.    NCHA Membership Probation for one year thereafter

3.    Fine payable to NCHA to $10,000.00

4.    Letter to the NCHA membership (which was included in yesterday’s post)

The NCHA announced they are pleased with the settlement and remains committed to its Zero Tolerance policy.

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☛ Manion found guilty or NCHA Zero Tolerance Policy 9-7–17

Posted by on Sep 7, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

MANION FOUND TO HAVE VIOLATED NCHA ZERO TOLERANCE POLICY

RECEIVES SUSPENSION, PROBATION AND $15,000 FINE

By Glory Ann Kurtz
Sept. 8, 2017

Following a meeting of the NCHA Appeal Grievance Committee, who reviewed evidence regarding a complaint filed against Tommy Manion, Aubrey, Texas, on Sept. 6, 2017, it was determined that Manion violated NCHA’s Zero Tolerance Policy and Standing Rule 35.a.1 during a cutting in Whitesboro, Texas, held on Saturday, July 15, when he was videoed shooting his horse with a BB gun. There was no evidence he violated rule 35.a.2.

NCHA Rule 35.a.1 & 2

The Committee determined that Manion should be suspended for two years and placed on NCHA membership probation for five years at the end of his suspension. If he is found to violate any NCHA rule during his probation period, he will receive an additional one-year suspension. He was also fined $15,000 for violation of NCHA rules, payable immediately to the NCHA.

The Appeal Grievance Committee appointed by President Lewis Wray included, Bronc Willoughby, Chairman; Ron Pietrafeso; Jack Holt; David Pilcher and Chris Benedict. Manion’s legal counsel Rick Hagan, NCHA attorney Jim Morris and Administrative Assistant Tammy Kimmel were also present at the hearing.

Manion’s legal counsel gave the opening statement that was followed by testimony from Brandon Dufurrena, Sarah Sanderson and Manion.

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☛ Horse with severe injuries photographed at C.T. Bryant training facility 9-1-17

Posted by on Sep 1, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 1 comment

HORSE IN TRAINING WITH NCHA AAAA JUDGE C. T. BRYANT PHOTOGRAPHED WITH SEVERE INJURIES

 

SECOND CELL-PHONE DISCOVERY OF HORSE ABUSE IN AUGUST

By Glory Ann Kurtz
Sept. 1, 2017

For the second time in a month, a prominent NCHA member has been accused of horse abuse – and a cell phone picture has been the compelling evidence.

Last week it was Tommy Manion who shot a tied-up horse with a BB pistol. Last I heard, he has used all his appeals except going to the Appeals Court of NCHA, consisting of five (5) NCHA Executive Committee members and four (4) other members in good standing. He could be suspended from NCHA for life, but that’s probably the least of his problems as he is being investigated by the SPCA and the County District Attorney. Horse abuse is now a federal offense, which includes a severe financial penalty and prison time if found guilty.

Today I received a copy of  four gruesome photos that were on Facebook.The photos were taken by a friend of Marie AuBuchon, Glenrose, Texas, who posted them on Facebook.

Horse in training with C. T. Bryant. He said in an interview that he was trying to get the horse to lower his head. Photo by Marie AuBuchon.

I talked with Marie who said the photos were of “a 3-year-old Futurity colt in training with C. T. Bryant Cutting Horses, Hico, Texas.The grandson of Freckles Playboy belonged to Punk Carter. She said the colt was injured last Friday or Saturday, Aug 25th or 26th, and as of Monday, Aug. 28, no vet has been called .

Marie has a recording of Bryant’s conversation with her, saying he didn’t want to call a vet because he wanted the bicycle chain under the browband sitting right across the top end of the gash as the colt was now trying to escape the chain digging into the wound and  finally keeping his head down.”

Marie’s friend was working at Bryant’s training facility but was fired Monday after she returned from a divorce court hearing and was accused of letting Bryant’s stallion out on Highway 6. Marie said it was impossible for her friend to have let the stallion out as she wasn’t back from the court hearing yet and the timing did not make sense. She was at Bryant’s facility on Monday with her friend when Bryant was talking to her friend.

Bit used on this 3-year-old. Photo by Marie AuBuchon

Marie posted on Facebook that the  second photo was the high-port bit this 3-year-old colt was being ridden in and is still being ridden in. The bicycle chain under the browband sits right across the top end of the gash.

The same colt hanging from the arena fence after he collapsed. C. T. Bryant’s website claims his program emphasizes on highly competitive horses, quality care and attention to customer needs. Is this an oxymoron? Photo by Marie AuBuchon

“The third photo is the same colt hanging from the arena fence after he collapsed after Bryant hammered on him and then beat the colt because he wasn’t performing well,” said Marie.

One response on Facebook was sticking up for Bryant, saying Bryant had told him that  “One of his helpers did that to the horse.”

However, Marie said, “As you can see, there are photos published and additionally I have witnesses to back up what I am stating here.“

Marie said she called Justin Caraway, the Sheriff of Hamilton County who said that he had been out to the Bryant Ranch and said, “There was no ‘probable cause’ for action.”

A call made to SPCA made it clear that SPCA does not work on animal abuse in Hamilton County. AQHA’s Ward Stutz said that Bryant was not a member; however, according to his website, Bryant is standing Royal Caesar Boon and needs to file reports with the AQHA. An E-mail to Director of Judges Russell McCord, President Lewis Wray, Vice President Ron Pietrafeso of the NCHA was answered with a press release that’s on their website:

 

 

NCHA Statement On Horse Abuse

Aug 31, 2017, 17:14 PM by NCHA

In recent days, the NCHA has received reports of horse abuse allegedly occurring on private property, outside the context of NCHA approved or produced shows.

The NCHA wants to make clear that it is strongly committed to protecting the health, safety and well-being of the horse.  To that end, the NCHA has a long established Zero Tolerance Policy which prohibits mistreatment of a horse on the show grounds of any show approved or produced by the NCHA.  The NCHA has in the past, and will continue in the future, to strictly enforce this policy at all NCHA approved or produced shows.  The NCHA urges you to report any kind of horse abuse occurring on the show grounds of an NCHA approved or produced show to the NCHA Executive Director.

The NCHA does not have authority under its rules to police any kind of alleged horse abuse that occurs on private property and not within the context of an NCHA approved or produced show.  However, the NCHA is ardently opposed to mistreatment of a horse in any venue.  Each state has laws that prohibit mistreatment of animals.  Therefore, if you have knowledge of any conduct abusive to a horse that is occurring outside of an NCHA show, the NCHA encourages you to report such conduct to local law enforcement agencies for investigation.

 

Bryant is a AAAA NCHA judge and according to his website has been a horseman his entire life and has been involved with such legends as Matlock Rose, John Carter, Don Dodge, Sonny Rice, Stanley Bush and Pat Patterson. He has judged such major events such as the NCHA Futurity in 2014, NCHA Super Stakes, NCHA Derby, Western Nationals, Pacific Coast,  Augusta Futurity, Reno, Las Vegas, Memphis, Arizona and the Southern Futurity.

 

 

 

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☛ Comparing cell phone plans 8-30-17

Posted by on Aug 30, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, FEATURE ARTICLES, HORSE NEWS, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 0 comments

COMPARING CELL PHONE PLANS

 

CARRIERS, CONTRACTS, PREPAID, CUSTOMER SERVICE

 

By Richard E. “Rick” Dennis
Aug. 30, 2017

 Traversing the maze of cell phones and plans seeking the best deal can become an arduous affair, especially when a litany of cell phones and cell phone plans occupy the open market. Every major cell phone carrier, including Verizon, ATT, Sprint and T-Mobile, offer an array of plans with each plan strategically designed to lure shoppers in and make them spend their money. Smaller or sub-companies such as Boost Mobile, US Cellular, Walmart Straight Talk, Virgin Wireless also offer their own cell plans with the same philosophy in mind: making money. Cell phone plans are basically of two variety types: prepaid and postpaid.

 

Prepaid cell phone plans are paid in advance with the consumer picking the types of services he or she is willing to pay for.

 

Postpaid plans are paid after the service is provided. Each plan type offers a myriad of services to the consumer and the pricing structure is made in advance of the purchase. There are services that include talk only, talk and text, up to the more advances services that include talk, text and data. Further, there are national plans and international plans. Each service provider or (cell phone carrier) advertises a myriad of plans and are generally in line with the number of gigabytes (GB) of data you require. Data plans generally start with one (GB) of data and top out with the unlimited GB variety. However, there are some differences between prepaid and postpaid plans so thoroughly research each plan carefully.

 

SMALLER CARRIERS VERSUS LARGE CARRIERS

Lately the cell phone market has been inundated with enough cell-phone plans to make your head swim. However, the major differences among cell phone plans are the plans offered by the major carrier versus the smaller carriers. Generally speaking, the smaller carriers purchase data time from the major carriers at wholesale pricing, allowing the smaller carrier to sell cell phone plans at a reduced rate.

 

In theory, the only differences between major versus minor cell phone carriers are the types of phones sold and the abilities of these lower-end market phones to reliably pick up signals provided by each one’s cell-phone towers, enabling the phones to function smoothly.

 

However, while researching the Internet, I did determine there were a lot of complaints from customers about reception with the lower-end priced phones. Today, the smaller cell-phone carriers generally dealing in lower-end priced phones are providing their customers with a combination of low-end priced phones as well as the higher or state-of-the-art phones such as the Apple iPhones. These are the same type of cell phones provided by the major carriers. Theoretically, this should offer the small cell-phone carrier customers with the ability to have the same reception as the major carriers. Time will tell.

 

CELL PHONE CUSTOMER SERVICE COMPLAINTS

My research was conclusive in one specific category and that is customer service complaints. The customer-service ratings of the major carriers, as well as smaller carriers, are very poor. In an article by Consumer Reports entitled, “Best Cell-Phone Companies: Is a Big Carrier or a Small Provider Right for You?” by Mike Gikas, the author offers a comparison of providers: Find out how Consumer Cellular, Ting, and other smaller companies compare with AT&T, Sprint, T-Mobile, and Verizon in Consumer Reports’ exclusive new survey. In the article, Mr. Gikas offers a compelling analogy of all carriers.
Click for carrier article>>

 In still another article entitled, “Five Reasons you may want to consider prepaid mobile,” written by Nate Swanner, he offers his own analogy of the pros and cons of prepaid versus postpaid wireless service. In his report, Mr. Swanner states, “As new prepaid plans become more and more ambitious, customers are starting to wonder if they should think about what life might be like on the other side of a contract. Prepaid has a hollow ring for many, as readers tend to see it as a second-rung alternative to a ‘proper’ plan and service. If that’s your thinking, we’ve got a few reasons why you should reconsider prepaid for your next smart phone. You never know, reading this article might actually save you some money!

 

PREPAID SERVICE

Some customers tend to think that they’ll get worse service with a prepaid plan. That’s a fair assumption, but not always correct.

 

If you were to go through a carrier that doesn’t have its own network (they are referred to as an MVNO), you would technically be piggybacking onto a network. Boost, for instance, works on the Sprint network. They don’t have their own towers. Spectrum “rents” space from Sprint.

 

That doesn’t make them any less a carrier, but it’s something to consider. If you were to go prepaid from a carrier like T-Mobile, AT&T, or Verizon, you’d get the same service and coverage as you would from a subsidized plan. Although it’s not fair to consider an MVNO “lesser-than,” it’s a consideration to make.

 

FREEDOM

Prepaid plans can bring some freedoms you might not utilize at every turn but they’re nice to have. For instance, you can switch plans any time you like. If you find a different plan that works better for you, just switch! There’s no fuss. You can just choose a different plan, even with a different carrier!

 

This is especially handy when traveling. If you’re going away for a period of time and you find coverage in the area you’re going to isn’t what you want with the carrier you have (we suggest “Open Signal” for this), just get a new SIM card from a carrier that might work better. For a few days or weeks, you use that SIM card, and life goes on relatively uninterrupted.

 

You might have a new phone number with the new SIM card, but that’s a small price to pay for reliable coverage when you need it. It won’t work across the board, as Verizon and Sprint use different technology than T-Mobile and AT&T do, but it’s definitely a nice option. The complete article by Mr. Swanner follows:

Click for Swanner’s article>>

 

 CONTRACT VERSUS NO CONTRACT

More specifically, previous cell-phone plans with all major carriers required a contract for a specific amount of time. Today, they’d like you to think there are no contracts but that’s not exactly true. Essentially, each major carrier operates on a specific band referred to as (CDMA) and (GSM). Each carrier orders phones from cell phone manufacturers to their specification and locked to a specific carrier’s band, which essentially are in a locked position, thus restricting it to that band. Verizon phones and Sprint phones work off of the (CDMA). ATT and T-Mobile work off of the (GSM) band.

 

Each band was explained in a previous article. Also, the smaller carriers who purchase services from the major carriers and in-turn sell it to their consumers, also carry the specific cell-phone types that work on their band. Further, each major carrier offers a deal for buying their phones, such as the ATT’s Next Plan, which offers pricing for the phone for an extended period of time – or in this case three years. Also, it’s a little known fact that these cell phones are being sold at the manufacturer’s full retail price.

 

Therefore, by the time you pay off your phone, it’s virtually worthless considering the rapid depreciation of the cell phone in today’s market. Thus the major carrier financing the cell phone is in the virtual moneymaking market with each new sale. Further, cell-phone manufacturers are consistently redesigning cell phones with new characteristics and updated advances in updated models, specifically designed to attract new purchasers with each annual product release.

 

The irony of advertisement stipulating service without contract is essentially a half-hearted truth, simply because cheaper financing sounds good but your locked into the carrier for the specific time of the pricing/payment agreement, essentially placing you on contract. Sure you can pay your phone off if you want to but you’re only able to move to a carrier that your phone is adaptable to. The unlocked cell phone is more appealing at this point but requires paying full price for the phone up front at purchase. Before purchasing an unlocked phone make sure the unlocked version of your favorite phone will work on all carrier systems after purchase.

 

CELL PHONE CARRIER COMPARISONS

A little research will provide you with all of the comparative studies on the market today as well as the pricing advantage or disadvantage of each before you sign up. In order to help you along, I’ve provided one in this article. Just click on the following links and they will provide the reader with an assortment of answers, including which carrier has the best or worst coverage or customer service. One thing I learned from this research is that Walmart’s Straight Talk advertises “working on all major carrier bands” and is the only one with such specifications.

Click for Who Has The Best Coverage>> 

Click for Verizon versus ATT>>

 

“Until Next Time, Keep ‘Em Between The Bridle!”

 

WIND RIVER COMPANY LLC

Richard E. “Rick” Dennis

Managing Member

Office.Mobile: (985) 630-3500

Email: windrivercompany@gmail.com

Web Site: http://www.windrivercompanyllc.com

 

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☛ Manion appealing to NCHA Appeal Board 8-28-17

Posted by on Aug 28, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 0 comments

TOMMY MANION APPEALING HIS ANIMAL-ABUSE CASE TO NCHA APPEAL BOARD

By Glory Ann Kurtz
Aug. 28, 2017

For all of you wondering what is happening in the Tommy Manion animal-abuse case within the NCHA, the Executive Committee evidently found him guilty as, according to a Facebook posting by NCHA Vice President Ron Pietrafeso, Manion then appealed to the Grievance Committee.

After the Grievance Committee heard the case, they obviously also found him guilty as now Manion is appealing that decision to an Appeal Board which is included in the 2017 NCHA Rule Book.That Board is appointed by the NCHA President and will have a minimum of five (5) and a maximum of nine (9) members. Each member must be in good standing of the NCHA. A majority Of the committee members shall constitute a quorum for hearing purposes.

Click for NCHA Rule Book on Special Hearing Committee>>

 

Background of the case:

For those of you who don’t know the background on this animal-abuse case, I previously wrote an article stating that on Saturday July 15, Tommy Manion, a top Non-Pro, shot a tied-up unruly stallion multiple times with a BB pistol at an NCHA cutting at Whitesboro, Texas. A member took a video of the event and called NCHA’s Director of Judges Russell McCord, who told him, “to do whatever it took to stop it and and make the person shooting the horse leave,” which the caller did.

I talked to several witnesses who all told me that Manion not only shot the stallion with a BB pistol but at one time had the pistol under a jacket draped over his hand, dropped it on the ground and bent over to pick it up – all of which is shown on the video.

The shooting was definitely against the NCHA’s highly advertised ZERO tolerance “horse-cruelty” policy.

After receiving and confirming the reported horse abuse by Manion, I reached out to Rick Dennis, a Threat Assessment/Risk Analyst who is also a former Drug Enforcement Agent, for clarification of penalties resulting from Manion’s actions – for Manion, those who witnessed the event and the NCHA committees that are now determining Manion’s fate.

Essentially, Rick informed me there are two laws in play here, one Federal, the other state, as well as two NCHA rule infractions.

The Federal Law:

There is a little-known Federal Law entitled 18 USC 4 – Misprision Of A Felony, which specifically states:  “Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.” Animal abuse is now a Federal Felony with hefty fines and prison sentences.

The State of Texas law:

Also, the State of Texas Animal Cruelty Law, which rates animal abuse as a Felony, states those prosecuted could be punishable by two years in a state jail and/or a $10,000 fine.

Therefore, since the NCHA has already been notified of the animal cruelty case, along with being supplied with a video of the act, Manion has placed the association in a precarious spot, as whoever doesn’t report this gross violation to law enforcement in accordance with the provisions set forth in the USC 4 Code -Misprision of a Felony – is in direct violation of the federal law and could be subjected to arrest and prosecution themselves at a later date.

This includes Russell McCord, who received the phone call, as well as the Executive Director and the entire Executive Committee who met after being informed of the incident and who determined their association’s punishment for the offense – and possibly even the lawyer who was informed of the infraction and gave the Executive Committee advice, as well as show management.

Difference of penalties between NCHA and governmental agencies:

The other curious nature of Manion’s act is the two violations in the NCHA Rulebook pertaining to animal abuse and cruelty and how they differ from Federal and State laws.

More specifically, the NCHA Rulebook states “if show management or a judge at any NCHA-approved or sponsored event discovers inhumane treatment or abuse of a horse, they may immediately bar the responsible party and contestant’s horse from further competition in the event and the judge will give a score of zero. The Executive Director must be notified within seven (7) days of the closing date of the show involved and the complaint will be referred to the appropriate NCHA Committee for investigation and consideration. Note: the Federal law says “as soon as possible It must be made known to some judge or other person in civil or military authority under the United States and (the person) is to be fined or  imprisoned for not more than three years.”

While the NCHA disciplines animal cruelty by offense with a fine ($1,000 to $10,000), probation and/or suspension, the State of Texas Animal Cruelty Laws say that the perpetrator could be punished by two years in a state jail and/or a $10,000 fine.

Also, the NCHA should make sure that the abused animal is made available as soon as possible to a licensed veterinarian for any damage that has been done, especially since the person who described the incident to me said the when the BBs hit the stallion, he crouched and his body shook in fear.

What has been done?

According to a notification on the NCHA website, the NCHA has fulfilled its obligation to satisfy the Misprision of a Felony law by submitting a complete evidence package in this matter to the District Attorney in the county where the animal abuse violation occurred.

The notification further stipulates the District Attorney has provided the evidence to the Sheriff’s Office in this county for investigation as well as referral of criminal charges (where warranted).  Further, I’ve learned the SPCA is also investigating this matter.

Notwithstanding, there are two motivating factors: 1) The ZERO Animal Abuse policy rule violations of the NCHA and 2) Criminal charges (where warranted).  Each entity operates separate and apart from each other. In other words, the NCHA has to make a decision and law enforcement has to make a decision. The incident becomes problematic for the NCHA due to existing membership rules and member opinion.

In my opinion, the NCHA should be commended on the “fast track” this incident has been placed on and a final decision should be determined on prima facia evidence (only) and regardless of Manion’s financial affiliations with the NCHA. After all, a rule violation is a rule violation. Evidence is evidence. A decision should be made on the facts of the case, and the facts alone.

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☛ Avoiding pitfalls of cell-phone fraud 8-27-17

Posted by on Aug 27, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HEALTH AND WEALTH, HORSE NEWS, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 0 comments

AVOIDING THE PITFALLS OF CELL-PHONE FRAUD

 

By Rick Dennis
Aug. 27, 2017

INTERNET SALES AND FRAUD
As with any industry, bad actors seem to gravitate to the cell-phone industry, aspiring to make an easy buck off of unsuspecting buyers and sellers on the Internet. Such is the same in the cell-phone market. Recently, I decided to switch carriers and sell my Iphone 7 on the open market, via, Ebay. After registering with this Internet buying-and-selling giant for the first time, I acquired an ID number, listed my sale item and provided the Internet marketer with my PayPal code or PayPal.me/windrivercompanyllc.

 

Once I received my confirmation from Ebay, I started receiving a host of bids on my cell phone. Immediately recognizing a problem, I contacted Ebay customer service and informed them my cell phone wasn’t listed as a bidding item but instead was listed as a fixed-price item. When I went back into my account, I could clearly see my item was listed as a fixed-price item and not a bidding item. I again contacted Ebay and informed them of their computer error. For the record, Ebay assured me this malfunction would be immediately corrected. After a period of time, I decided to explore one of the bidder’s outrageous price offers to see what would happen.

 

My cell phone was listed for a fixed price and the bidder was offering me twice the fixed-price amount. In fact, the bidder’s price was more than the price of a new Iphone 7 of the same type and kind. The curious nature of the affair is that the bidder immediately asked me to “private message” her at a specific telephone number. Once contacted, the bidder requested me to provide her with my PayPal payment email address instead of using my direct link I previously provided to Ebay.

 

Finding this odd, I provided the bidder with my current PayPal email address that would link directly into my PayPal account. For the record, I use my PayPal account for a myriad of selling options to include, but not limited to, book sales, used horse training equipment sales, etc. Therefore, I’m perfectly familiar with the ins and outs of how PayPal operates, including transferring funds directly into my business bank account.

 

After providing this bidder with the payment information, I received an authentic-looking email from what I thought was Ebay/PayPal,, stating the bidder had actually deposited funds into my PayPal account, except the alleged email stated “a hold was on my funds until after receiving shipment confirmation.” The email even contained a link to contact the bidder and provide the tracking number of my Iphone.

 

As a professional Risk Analyst and Risk Manager, there are several factors in this saga which brought my suspicion to the point that this was a fraudulent sale, such as:

 

1)         The bidders offering price for the cell phone was more than I paid for it and more than the bidder could purchase a new one for.

 

2)         In all of the sales I performed through PayPal, I’ve never had any of my funds restricted.

 

3)         The “bidder/payee’s name” and “ship to/recipient’s name” were different, as well as being located in two different states.

 

4)         The payee’s shipping instructions were immediate or the same morning of the email contact.

 

To verify my suspicions, I contacted PayPal Corporate Security and informed them of the facts of the impending sale along with furnishing them a copy of the email, which contained the exact authentic information and logos PayPal uses. After a period of time, PayPal contacted me and informed me the email was bogus or a fraud and it had been generated from a fraudulent web site. PayPal thanked me for providing them with this information. Afterwards, I contacted Ebay and informed them of my findings; however, the customer service representative wasn’t as respectful or cooperative.

 Click for Pay Pal document>>

 

Essentially, after checking my Ebay page, she informed me that I would be responsible for the listed-price payout percentage as well as the percentage associated with the final value price of the item sold. In fact, the fraudulent bidder had marked my item “sold,” when in reality the item wasn’t sold. Afterwards, an exchange of philosophy transpired between Ebay and myself. For the record, I informed Ebay of the built-in flaws of their system in protecting unsuspecting sellers of this lurking fraud.

 

I also explained to Ebay that “in my opinion,” Ebay was subject to culpable liability in this matter simply due to the manner in which their system was set up, allowing buyer and seller to have mutual contact through the Ebay site; thereby, enabling an individual to perpetuate a fraud. Also, “in my opinion,” Ebay should have a system setup whereby the entire sale – from initiation and conclusion – should be controlled by Ebay. The irony of this entire situation is:

 

1)         I received an email from Ebay informing me my sale item was sold when in fact it wasn’t, including the price paid being beyond my asking price.

 

2)         After the fact, another email from Ebay informed me not to do business with a certain individual and my account may have been compromised.

 

3)         Still another email from Ebay, informed me the proposed buyer is suspect, hasn’t registered with Ebay and will no longer be allowed to buy items on Ebay. Imagine that.

 

To top it off, I received a computer-generated bill from Ebay detailing my costs for the sale of my Iphone – which never transpired. All in all, I never suspected I would be performing a Risk Analysis on Internet selling as well as the inherent risks involved in selling items on the Internet. Lesson learned: Again, “in my opinion,” the Department of Justice and the Federal Bureau of Investigation should open investigations on “Crimes Against Persons,” involving the massive fraud obviously inherent in Internet selling.

 

In conclusion, an Internet-selling company found with inadequate security should be prosecuted and fined. One can only imagine the amount of property and funds that are stolen each year by individuals making a living trolling Internet selling sites, looking for quick deals from unsuspecting sellers. I would bet the amount of stolen property would mount in the millions of dollars. The fact is, it’s very easy for an individual operating in another country, or perhaps living in a tent in the desert, to initiate a scam operation.

 

Therefore, educate yourself before you engage in Internet selling. One noted fact is: “The safety and security of Internet selling begins with companies such as Ebay and Amazon, period.”

Click for Ebay response1>>

Click for Ebay scan 2>>

Click for Ebay scan 3>>

INTERNET SELLING PRECAUTIONS
If your intent is to sell items on the Internet, familiarize yourself with the rules and regulations of the Internet-selling provider. If an individual tries to isolate you off of the Internet selling site – don’t do it. And don’t provide any information to an individual who is not listed on the seller’s site. Check with seller. If an individual posing as a buyer attempts to isolate you and requests personal or other information, immediately contact the seller site’s customer service department.

 

In this matter, it ended on a somewhat happy note: I still have my Iphone; however, I did lose a sale due to an attempted fraudulent transaction. On a good note, I acquired enough information to hopefully enlighten and educate the reading audience of www.allaboutcutting.com, with information that will prevent an individual from being a victim and losing their property.

 

“Until Next Time, Keep ‘Em Between The Bridle!”

 

WIND RIVER COMPANY LLC

Richard E. “Rick” Dennis

Managing Member

Office/Mopbile: (985) 630-3500

Email: windrivercompany@gmail.com

Web Site: http://www.windrivercompanyllc.com

 

 

 

 

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