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☛ A lesson in horse buying 11-14 -17

Posted by on Nov 14, 2017 in COW HORSE NEWS, INDUSTRY NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 0 comments

A LESSON IN HORSE BUYING

By Rick Dennis
Nov. 14, 2017

by Richard E. Dennis

In 2012, I authored and released a book entitled, “The American Horse Industry, Avoiding The Pitfalls.” The book was written from my professional viewpoint and spanned over my twenty years as a professional trainer, breeder, exhibitor and owner.

Initially, the book was designed to help individuals entering the industry, as first-time buyers or investors, to avoid the inherent risks associated with the horse industry during horse ownership, buying, boarding, training, exhibiting and sales.

However, as soon as the book was released and put in production, I learned my book was also being highly regarded and purchased by individuals already in the horse industry as the model and guide to successful horse ownership and equine business operations. The book has never received less than a 5-Star Rating and has been sold in National and International Markets.

The book is unique in a fashion, as it provides the basic knowledge anyone would desire to avoid the pitfalls in the American Horse Industry. The book is comprised of eleven chapters:

1) Horse Operation – Business or Hobby?
2) Equine Warning Law.
3) Selecting A Horse.
4) Equine Drug Testing.
5) Selecting A Horse Boarding Facility.
6) Selecting A Horse Trainer.
7) Non-profit Horse Organizations.
8) Equipment and Applications.
9) Farrier Service.
10) Health and Care of the Horse.
11) Horse Safety.

As previously stated, initially the book was designed as a primer to newcomers in the industry but over time its reading audience has expanded to also include equestrians with many years in the industry.  For many, it has become the “go-to book” for common-sense knowledge to guide them through to become successful equine business operations and horse  owners. Perhaps the best attribute of the book is teaching individuals the steps to take to avoid the court room in costly civil disputes.

COMMON-SENSE HORSE BUYING:
Of late, there seems to be a lot of civil litigation going on involving horses in one fashion or another as well as for other reasons. In assisting individuals in buying a horse, I urge all of my clients to use basic common-sense approaches in the transaction, especially the “TRUST BUT VERIFY” motto. As a whole, I do believe there are more equestrians with honesty than dishonesty in the industry.  However, the industry has its share of bad actors whose intentions aren’t so honorable. Therein lies the pitfalls outlined in my book and how to avoid them.  It really doesn’t matter what breed of horse or what its intended purpose is supposed to be the following rules of horse buying can be applied to them all:

Rules To Avoid The Pitfalls:

1) If your not quite sure of what your looking for or how to go about acquiring it the best approach is to enlist the aid of an experienced reputable trainer who will act as your agent. The agent will locate several prospective animals for  the buyer to evaluate including having the agent ride the horse first to ensure the horse is of the type, kind and performance capability the buyer desires.

2) The agent will also make sure the horse is safe before the buyer ever steps up on the horse. A rule of thumb, so-to-speak, is for the buyer to spend as much time as he or she can with the horse before plunking down that hard-earned money on a horse purchase.

3) Normally an agent will have a contract to sign beforehand and the buyer should take the time to scrutinize it in its entirety to make sure there are no legal loopholes, including attorney evaluation.

4) Normally, the “seller” will also have a contract for the buyer to sign; however, if the “Sellers” contract has stipulations such as “Sold As Is,” “No Warranty,” or “Non-Returnable,” simply walk away from the horse and find another. Every reputable “seller” should guarantee their product.

5) In the event the buyer wishes to represent his or herself, the cardinal rule is to never purchase a horse “Sight-Unseen” or without riding the horse to all of the horse’s performance capabilities prior to making a final selection.

Pre-purchase Vet Exams:

1) Never purchase a horse without a pre-purchase vet exam, including x-rays.

2) Never use the same veterinarian for the pre-purchase exam as the seller. The buyer always wants an independent medical examination and evaluation separate and apart from the seller’s.

3) Have an attorney-at-law draw up a release between “seller” and “buyer” to disclose “ALL” of the medical records for the horse located anywhere and of any type or kind to evaluate and fully disclose any pre-existing conditions, injuries or treatments the horse may have had prior to the sale. In the event the horse has had multiple owners along the way attempt to contact as many as the buyer can to determine the health of the horse.

4) During the pre-purchase veterinarian examination, have the veterinarian draw urine and blood for a drug-test evaluation to see what’s floating around in the horse’s system. In the pre-purchase contract, it should be stipulated that if any drugs of the tranquilizer or sedative type are found in the horse’ s system, the “seller” is responsible for the veterinarian’s bill and the sale is null and void. For the record, I also have a CBC and a liver-function test performed during the pre-purchase.

5) Have an attorney at law draw up a purchase contract whereby the “seller” guarantees the health of the horse as well as its performance capabilities with a guaranteed warranty of performance and health. If the “seller” won’t sign the contract, walk away and find another horse. Most reputable private-treaty sellers wouldn’t have an issue with this type of business transaction. After all, exercise the old motto, “It’s Just Business”.

6) The buyer should document all advertisements the “seller” may have provided to “buyer” due to the fact that in some circumstances these may be required later to demonstrate an “implied” or “expressed warranty” by “seller” or “seller’s agent” in a civil lawsuit for damages. Further, the buyer should fully document electronic messages between “seller” and “buyer” or “seller” as well as any provided videos which can also be used to determine “warranty status” if the need arises.

7) The main purpose of a pre-purchase vet exam is to determine whether or not the horse has any pre-existing or current medical conditions which would prevent the horse from fulfilling the performance capability the buyer has chosen to engage in. Bear in mind that it’s not uncommon for a horse to have some bumps and bruises acquired during training or exhibition. If the horse is a true performance horse, this is expected and common.  It’s the nature of the beast “so to speak”. However, my rule is to buy a horse with bumps and bruises I can live with and not purchase a horse with the types of bumps and bruises I can’t.

Deceptive Trade Practices Laws:

There are laws on the books governing horse sales to prevent or prosecute those unscrupulous individuals engaged in deceptive trade practices from taking advantage of an unsuspecting buyer during a horse sale:

1) Federal Trade Commission.
2) Uniformed Commercial Code.
3) Deceptive Trade Practices Act.
4) Attorney Generals Office of the state of residence.
5) The local law enforcement agency can file fraud or theft charges.

Each of these agencies are capable of investigating and, where appropriate, instituting or referring criminal charges as well as civil litigation to the offender for violations found during an unscrupulous horse sale as well as recovering assets for the victim from a bad horse sale including court-ordered restitution.

Auctions/Sale Barns:

In all probability there’s a lot of good horses bought and sold in a sale barn. However, this is not my “cup of tea” so to speak. I’d much prefer buying from a reputable breeder or owner when I’m in need of a horse. Unless the sale barn offers demonstrations ahead of time, don’t buy a horse at this location. The prospective buyer is just rolling the dice or gambling on whether or not the horse lives up to the hype in the sale catalog. Also, beware of the sale barn whose contract stipulates a “hold harmless or indemnification clause” which essentially means you are buying the horse from the “seller” and not from the sale barn. Therefore, if you buy a horse, the sale barn isn’t responsible for the condition or performance capability of the horse at the time of sale. This is a risky buy.

Again, “Trust, But Verify”. Remember not all horse sellers are reputable individuals and the sale barn isn’t responsible if the “seller” lies on the disclosure contract with the auction house. Another important fact to remember is that in some states, Texas for example, it’s unlawful for the purchaser to stop payment on a check after a horse sale. In other words, this deals out criminal penalties to the party stopping payment on a check.

So if and when you get your horse home and it has pre-existing abnormalities or conditions that weren’t disclosed ahead of the sale and make the horse unsuitable for your intended purpose and the “seller” won’t warranty the horse, the only remedies the “buyer” may have are:

1) Expensive litigation in court, or
2) Filing a complaint with one of the agencies herein mentioned above.

“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
Stock Horse Web Site: http://www.windriverstockhorses,com

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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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☛ A cheaper way to talk 8-18-17

Posted by on Aug 18, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HEALTH AND WEALTH, HORSE NEWS, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 5 comments

A CHEAPER WAY TO TALK!

 

ALL CELL PHONES ARE NOT THE SAME

By Richard E. “Rick” Dennis
August 18, 2017

As a businessman, the most important tools of my primary trade are: 1) my vehicle, 2) my computer and 3) my cell phone. The same goes for horse owners and trainers. Over time cell phone communication has evolved from objects that looked like bricks to the phones we use today, which are easily placed in our shirt pockets.

However, along with evolution also evolved the costs of these mobile devices as well as the cost for their service capability with a cell carrier’s ever-increasing costs. Cell phone bills have graduated over time to eliminate cost-per-minute values, roaming charges, including connection fees and opting instead for monthly charges comprised of packages or bundled costs.

Today, cell phones basically are either Android or Apple I-phones. These phones come in different sizes – from small to large – and have enough functions and storage to be considered a handheld computer that can talk. As the old adage goes, “There’s an app for that.”

Then there are the basic models that only allow texting and talking. However, the most advanced models can be used to type and send an email or a complete letter using the correct word processor app.

Whether your using the voice control to find directions to a local eating place or directions for an over-the-country trip, the modern cell phone will do it all.  However, along with modern advances also comes advances in pricing.  The cell phone industry has evolved into a comfortable multi-billion dollar industry.  Today, cell phones are used to talk on, take photographs and video, wake up to, remind us when to go to sleep, keep track of important meetings, conduct business with clients, count our steps, stay in touch with our families, contact emergency facilities in case we need them as well as ordering and purchasing items over the internet.

In fact, “do-it-all” cell phones have virtually replaced our land-line phones, our cameras, our video recorders and in some cases our computers. Technological engineering advances have produced cell phones with state-of-the-art video recording devices and photographic documentation that rivals the best-known cameras. Essentially, cell phones have become indispensable in our daily lives.

THE TECHNOLOGY:

Today, there are four main cell phone carriers operating in the United States: Verizon Wireless, AT&T Communications, Sprint and T-Mobile. The first three companies are American owned with T-Mobile being owned by Deutsche Telekom.

However, the leading cell phone systems in use today are: Code Division Multiple Access (CDMA), a channel-access method used by various radio communications technologies.  CDMA is an example of multiple access, where several transmitters can send information simultaneously over a single communication channel. This allows several users to share a band of frequencies (bandwidth). To permit this without undue interference between the users, CDMA employs spread-spectrum technology and a special coding scheme, where each transmitter is assigned a code.  CDMA is used as the access method in many mobile phone standards.  IS95 also called “CDMAONE”, and its 3G evolution CDMA2000 are often referred to as CDMA, which is also used to control the speed of data transmission. Verizon Wireless and Sprint use the CDMA cell-phone technology.

Global System for Mobile Communication (GSM) is the second technology in use today by cell phone carriers in the United States.  GSM is a digital mobile telephony system that is widely used in Europe and other parts of the world. GSM uses a variation of time division multiple access (TDMA) and is the most widely used of the three digital wireless telephony technologies (TDMA), (GSM), and (CDMA). AT&T and T-Mobile utilize this technology.

In my research I determined that unless you purchase an unlocked version of your favorite phone it will not work on a dual basis, e.g., each specific carrier has the cell phone manufacturer engineers design a phone that works on either the (CDMA) of (GSM) system.

However, unlocked cell phones are generally designed to work on either system which negates having to purchase a new cell phone when you change a carrier for better pricing or reception requirements. A cell phone that I’ve used and is designed to work on either cellular concept, from inception, is Motorola. In fact the cell phone provider advertises their unlocked phones will work on AT&T, Verizon, Sprint and T-Mobile. I Interviewed representatives from AT&T, Verizon and T-Mobile and determined there were two specific reasons major carries sold cell phones locked and specific to their carrier brand.

1) It provides the carrier with a market base that’s hard to get rid of unless the owner of the cell phone decides to take an enormous loss in trading in or selling their existing cell phone, which guarantees the carrier recurring revenue and 2) the carrier maintains control of the cell phone and its owner if the phone is financed by the carrier for a specific amount of time. Essentially, you’re being punished for moving your service. The main drawback to some cell phone users is: Unlocked cell phones require a cash purchase versus purchasing a cell phone from a major carrier using the locked-and financed-basis, which is essentially signing a contract with the carrier until the phone is paid off.

Recently, I ran into an issue with my cell carrier whom I’ve been with since cell phones were invented and marketed.  After a long debate, I decided to shop my existing phone on the open carrier market. To my surprise, my phone would only work on AT&T and perhaps T-Mobile and Straight Talk Wireless which is sold at Walmart.  I also learned my existing cell phone I purchased on December 4, 2016 for $769 from AT&T was only worth $375 in August 2017.

After counseling with several cell phone retailers and wholesalers, I learned the cell phone is one of the fastest depreciating electronic devices you can purchase.  My (I-Phone 7) 128 GB (gigabyte) phone actually depreciated $53 per month to date. Therefore, in order to leave my carrier I would take a huge loss on my cell phone and perhaps the coverages at T-Mobile and Straight Talk which is exclusive to Walmart and utilizes the TracFone System that wouldn’t provide me with adequate coverage since I’m a national and international traveler.

ON THE HUNT FOR A CHEAPER ALTERNATIVE

So off to Walmart I went in search of a cheaper alternative.  Upon arrival I was enlightened by the vast array of cell phones carried by this marketing giant.

In the electronics department was a vast assortment of cell phones, represented by a myriad of cell phone carriers.  One item in particular brought my attention.  Walmart has joined forces with Verizon in their pre-paid division. A pre-paid phone is one whereby the monthly bill is paid in advance using either a pre-paid card or a direct withdrawal from your bank account.

I needed some phones and services to experiment with so I purchased an I-Phone 5S 16 GB on the Walmart-Verizon Network and an LG Model on the Straight Talk Network. The curious nature of this affair is that I learned the Walmart Straight Talk System buys air time from all of the major carriers and sells it to the consumer at a reduced cost, along with matching phones.

A number of newer unlocked phones, such as the Moto G (4th Gen) are universal and; therefore, compatible with all major U.S. carriers in addition to most overseas carriers. You can choose almost any carrier or plan and all you need is a SIM card. Common U.S. carriers include: Verizon, Sprint, AT&T, T-Mobile, Cricket Wireless, AT&T Go-Phone and TracFone

THE EXPERIMENT BEGINS

After arriving home, I began the process of installing each phone’s SIM (Subscriber Identity Module)  card and charging the phone. Once the phone was completely charged I followed the activation directions and acquired my telephone numbers. The I-Phone 5S cost me $49.95 and the LG Model cost $79.00.  Afterwards, I carried both cell phones in addition to my $769 I-Phone on the AT&T Network.

For the record, the I-Phone 5S was on the Verizon-Walmart circuit or the (CDMA) system and the LG was on the AT&T-Walmart System or the (GSM).  For three weeks now I’ve been carrying the phones to compare how well they functioned against each other. The following is the outcome of the cell phone trials.

1) The Verizon Walmart I-Phone 5S functioned flawlessly.  If my AT&T I-Phone 7 had one bar of coverage, my I-Phone 5S had three (3) to four (4) bars. The camera is excellent in this little phone. The video worked excellent. Reception was outstanding with no dead zones and data speeds were lighting fast.  If I kept this phone it would cost me $40 per month for a 3 + 1 GB of data, exclusively at Walmart.  In some cases this phone had service when the AT&T I-Phone didn’t.  All of the individuals I spoke with on this phone said the sound was excellent.

2) The Walmart LG Straight Talk phone functioned flawlessly.  It’s comparable to the AT&T I-Phone 7, except when the former didn’t have coverage the LG did.  This little phone’s camera and video functioned flawlessly and there were no dead zones during testing.  If I kept this phone my cell bill would be $45 per month for unlimited talk, text and data.

FINAL ANALYSIS

In the end, if you’re not looking for the latest cell phone, there are cheaper alternatives out there besides the ones mentioned in this article. If you’re like me and you use your cell phone for your business, one of these models may suit you perfectly. That way, if you break it or lose it, you won’t be out a month’s mortgage payment on your house.

Along with this analysis, I also performed an analysis of my insurance for my phone through AT&T.  I was very unhappy to discover the replacement cost would be a $225 out-of-pocket deductible expense.  For that amount I can buy 5 I-Phone 5S’s from Walmart.  As with all I-Phones, this little model comes with fully functioning I-Cloud storage.  The same picture storage is available for either phone free of charge from Google Photos.

In my final analysis, I learned that cell coverage is predicated on cell-tower availability. I also learned the main cause of malfunctions with cell carriers is horrible customer service.

So if you’re in the horse business and you constantly are in need of a replaced, broken or wore-out phone, there are cheaper alternatives out there that function fine.

Since then I have returned to Walmart and purchased their Verizon-Walmart I-Phone 32 GB SE to use as a spare phone until I can sell my AT&T I-Phone 7.  Porting your existing cell number is easy – except if your phone is locked due to owing the carrier money.

“Until Next Time, Keep Em Between The Bridle”

WIND RIVER COMPANY LLC

Richard E. “Rick” Dennis

Managing Member

 

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☛ Tommy Manion on camera shooting stallion with BB pistol 7-20-17

Posted by on Jul 20, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, EQUI-VOICE, FROM THE EDITOR, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 28 comments

TOMMY MANION CAUGHT ON CAMERA SHOOTING AN UNRULY STALLION WITH A BB PISTOL AT AN NCHA-SANCTIONED SHOW

 

BESIDES NCHA SANCTIONING, COULD HE AND/OR NCHA EXECUTIVE COMMITTEE MEMBERS BE GUILTY OF STATE OR FEDERAL LAWS VIOLATIONS?

By Glory Ann Kurtz
July 20, 2017

I have now heard from a credible witness, that they knew the well-known Non-Pro who was at an NCHA Cutting in Whitesboro, Texas, on Saturday, July 15, and shot a tied-up unruly stallion multiple times with a BB pistol. Another witness had taken a video of the event and it was soon in the hands of the NCHA. The witness assured me that the Non-Pro  in question was NCHA Non-Pro Tommy Manion, who at one time had the pistol under a jacket draped over his hand and dropped it on the ground and bent over to pick it up – all of which is on the video.

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

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.

Click for Misprision Of A Felony>>

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.

Click for Texas Animal Cruelty laws>>

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 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 last night after being informed of the incident and 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.”

Click for NCHA Standing Rule 35>>

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.

On May 15, 2015, Rick Dennis wrote an article addressing this very problem called “Horse Abuse Part IV.” There are many good and devoted trainers in this industry; however, unfortunately we do have our share of abusive Open and Non-Pro trainers that should be removed. Click here for a copy of this article.

What’s the  hurry?

Why did the NCHA Executive Committee jump on this animal abuse case so quickly. I feel it is because they just tried to strengthen their animal abuse penalties due to the fact that PETA might come down on them and the sport of cutting if they waited. A smart move!

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