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pofigist

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Reply with quote  #1201 
GreenFin Gardens/Kansas Tilapia
James Sperman
3935 Flush Road
St. George, KS 66535-9614

Anybody around? lets pay him a visit.
 
Silveradocanman

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Reply with quote  #1202 
Ok, I'm calling BS on junglewild. So you're saying you ordered in fall, and when was the original deliver date? You were under the assumption you would get trees grown for you in a couple months?

I'm curious because I ordered in spring of last year, with a delivery date of spring of this year. I'm wondering how you expected your orders to be filled in less than 6 months?
Frankallen

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Reply with quote  #1203 
Quote:
Originally Posted by FigPolice
And he already did. I'm gonna do everything in my power to get this guy in prison.
Lebmark , Just piss off man. Who the hell are you? " A LONG TERM FIG FORUM MEMBER" a forum that help scammers to deceive people?.
Frank , You are just a grumpy Pussy man, hoping to get your trees hence the support I guess LOL



What I do is none of your business and also you need to watch your nasty language ....Jon does not appreciate it.

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Frank from BamaZone 7-b Alabama

....................................................

"Live as if you were to die tomorrow. Learn as if you were to live forever".

Mahatma Gandhi




FigPolice

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Reply with quote  #1204 
Quote:
Originally Posted by Frankallen


What I do is none of your business and also you need to watch your nasty language ....Jon does not appreciate it.

I don't like you. Just go away!!!!!!!!!!!!!!!!!
nunuorig

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Reply with quote  #1205 
Quote:
Originally Posted by pofigist
GreenFin Gardens/Kansas Tilapia
James Sperman
3935 Flush Road
St. George, KS 66535-9614

Anybody around? lets pay him a visit.
 


Report him.
https://www.ic3.gov/default.aspx

__________________
USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Kadota | Koura Black | Marseilles Black | Martinenca Rimada | Paratjal Rimada

Growing: Acciano | Black Madeira | Black Mission | Desert King | Figo Preto | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | LSU Gold | Marseilles White | Ponte Tresa | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Vasilika Sika | Violet Sepor | Violette de Bordeaux | Unk-CVS | Unk-Dominick Italian Purple
Tylt33

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Reply with quote  #1206 
Quote:
Originally Posted by Silveradocanman
How is it people are saying they ordered 2 years ago? I jumped on his original offer immediately when he started this venture, that was almost exactly 1 year ago.

If y'all did buy 2 years ago, he had been replying to emails up until a month ago... so you're saying you hadn't contacted him until 2 years after you ordered?! The math isn't adding up.


Original availability was December of 2015.
Silveradocanman

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Reply with quote  #1207 
Quote:
Originally Posted by Tylt33


Original availability was December of 2015.


So not even a year and a half?

So anyone that says 2 years is full of ish
Junglewild

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Reply with quote  #1208 
Quote:
Originally Posted by Silveradocanman
Ok, I'm calling BS on junglewild. So you're saying you ordered in fall, and when was the original deliver date? You were under the assumption you would get trees grown for you in a couple months? I'm curious because I ordered in spring of last year, with a delivery date of spring of this year. I'm wondering how you expected your orders to be filled in less than 6 months?


B.S.?? You're absolutely wrong about that... I ordered CUTTINGS in the fall, not plants and according to the website they were suppose to ship out in February and March depending on the variety so I could root them myself this spring. After not hearing or receiving anything I inquired about it by sending several emails and by leaving James a few phone messages. All I wanted to know was the status of my order. To date I have yet to hear anything from James. I recently contacted PayPal and am now waiting to hear back from them about getting a refund since James has chosen to ignore my simple request about the status of my order. That's when I began to inquire into his business practices and noticed he is not a man of his word and unlike myself some people have been waiting since 2015 for their stuff. That's ridiculous. I either want what I ordered in a reasonable amount of time or a refund so I could go elsewhere. 
Rob_Steven

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Reply with quote  #1209 
I don't care if in the long term , James some how mannage to deliver those fig trees (something which seems very unlikely), I think this type of sales shouldn't be allowed here in this forum in the future. Willis did a great thing when he didn't gave James the green light to his sale on the other fig forum. Jon, with this type of sale, this forum lost a lot... Lost a lot of members, a lot of members are beign scammed by James and this forum helped a lot with that (I'm sure that Jon has nothing to do with James Scam), Jon, you probably lost fig sales from James very low prices for future fig trees that he never delivered. Also, this forum has lost credibility and has caused many fights with the members of this forum just because one person, SCAM artist JAMES SPERMAN.
Thanks a lot James for your contribution to this fig hobbie... you have only brought bad things. I just hope that you get what you deserve, no more, no less.

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Wish List:
De La Reina, Marseilles Black VS, Figo Preto, Coll de Dama Roja
TheASTrader

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Reply with quote  #1210 
Quote:
Originally Posted by Rob_Steven
I don't care if in the long term , James some how mannage to deliver those fig trees (something which seems very unlikely), I think this type of sales shouldn't be allowed here in this forum in the future. Willis did a great thing when he didn't gave James the green light to his sale on the other fig forum. Jon, with this type of sale, this forum lost a lot... Lost a lot of members, a lot of members are beign scammed by James and this forum helped a lot with that (I'm sure that Jon has nothing to do with James Scam), Jon, you probably lost fig sales from James very low prices for future fig trees that he never delivered. Also, this forum has lost credibility and has caused many fights with the members of this forum just because one person, SCAM artist JAMES SPERMAN. Thanks a lot James for your contribution to this fig hobbie... you have only brought bad things. I just hope that you get what you deserve, no more, no less.


Not trying to pile on Jon here, but I agree.  By continuing to give Greenfin space on this forum, Jon perpetuates this scam.  Moderator action should be taken.  Otherwise, this forum degrades in credibility.  This hands off approach doesn't keep you out of it.  At some point, non-intervention makes you complicit (to a degree).

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USDA Zone 10a & 8b
Wish List: Bebera Branca, Ischia Black and as many else I can fit.
hoosierbanana

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Reply with quote  #1211 
Image result for know it all
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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
dkirtexas

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Reply with quote  #1212 
By it's nature, a forum is a place to express good, AND bad.  This forum has offered that.

The forum has not endorsed the SCAM, he has let people be as smart or as ignorant as they wish to be by allowing full discussion.

I stated some time ago that there has been enough and this thread should be locked, but there has already been 2 other threads started so it continues ad nauseum.

Stay tuned for the next episodes of "As the stomach turns", the continuing saga of James and his cheap trees and the hordes of fans and detractors.  Is this a sequel to "Les Miserables" at least the title is fitting.

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Thx, glad to be here

Danny K "EL CAZADOR DE HIGO"
Waskom Tx Zone 7B/8

Wish list: anything anyone wants me to have. LSU RED.  Any LSU fig.
Vinny2210

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Reply with quote  #1213 
Looks like the trees are on it's way 😃


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Vinny

Bognor Regis, United Kingdom

Wish List : None
My Ebay: http://www.ebay.co.uk/myb/Summary?
Contact me on My Facebook Group: https://www.facebook.com/groups/630420053750386/

fignutty

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Posts: 710
Reply with quote  #1214 
I think James is just behind as he tries to figure out shipping. However if he ships them as per the video there will be issues. There appears to be nothing holding them in place. Many will arrive as a jumbled mess. They may not even be identified or still in their cups.

It looks like lots of learning curve still ahead to me. But I think the plants will be shipped at some point.

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Steve in Alpine TX 7b/8a
Wish list: Emalyn's Purple, CdD Blanc, Genovese Nero AF, Violeta, Hative de Argentueil
GButera

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Posts: 163
Reply with quote  #1215 
There are plenty of good videos on YouTube on how to properly ship a fig
tree.
TahomaGuy2

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Reply with quote  #1216 
James - You're reading all of this so you know what people are thinking and feeling.
I've been following your decline from 110% approval rating. As of today, it continues to spiral downward.
Please post a reply. Tell us what's going on and what you're going to do about it. Put this issue to rest.
Don't let anyone speak for you (pro or con). Man up!

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-Charles
Cool Pacific NW
Zone 8b
snaglpus

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Reply with quote  #1217 
If you want a refund, do this....

1.  Log into your Paypal account.
2.  Search for WebAisles, Inc
3.  Here you will see your transaction.  Print it/save it.  At the bottom of that page, click on "Report this" and fill out the rest.  Paypal will contact WebAisles and reimburse you.

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Dennis
Charlotte, North Carolina/Zone 8a 

Vinny2210

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Reply with quote  #1218 
Charles,

Hey man I wasn't taking on behalf of James. I was following his you tube channel and got the notification for two videos. He didn't bother sharing it here so I thought this might be something positive for the people who are waiting for their trees. Sorry about that. 

Cheers,

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Vinny

Bognor Regis, United Kingdom

Wish List : None
My Ebay: http://www.ebay.co.uk/myb/Summary?
Contact me on My Facebook Group: https://www.facebook.com/groups/630420053750386/

pofigist

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Posts: 92
Reply with quote  #1219 
Is this story was a reason why cuttings so cheep this season- many still believe that we will get our $7 trees?
Visceral

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Posts: 43
Reply with quote  #1220 
Quote:
Originally Posted by snaglpus
If you want a refund, do this....

1.  Log into your Paypal account.
2.  Search for WebAisles, Inc
3.  Here you will see your transaction.  Print it/save it.  At the bottom of that page, click on "Report this" and fill out the rest.  Paypal will contact WebAisles and reimburse you.


Paypal will not allow you to open a dispute for cases over 180 days.  No dispute means no money back without seller action.



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North Houston Zone 9a
TahomaGuy2

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Reply with quote  #1221 
Vinny,
My comment was NOT about your entry or the videos at all!?! 
It's ONLY about my cringing as the James drama intensifies.
F4F has a series of disgruntled fig enthusiasts who deserve
a reply from James even if it's the one snalpus just shared...or
a reply like: "and if you still believe that you will get a $7.00
tree you'll have to wait." I simply want to hear from spectator
James now that we're at reply #1221!! Do I need to put in an
order to get a response?!?

__________________
-Charles
Cool Pacific NW
Zone 8b
snaglpus

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Reply with quote  #1222 
Wow!  Seriously!  You guys have been waiting 180+ without any update from James?  Yeah, that's extremely terrible.  You guys should not have waited that long.  But you did trust him and that speaks volumes.  I am sorry for your loss!  Now I understand your frustration.  On a more positive side, it would be nice to hear from folks who HAVE received what they've ordered.

But no update or response from Jame is......a response.  In my opinion, if he hasn't fulfilled any orders and communicated with any customers on their status, then he should shut his web site down until he gets caught up.  Sending out one or two pictures here on the forum isn't enough.  He should be responding to every person who ordered on an individual basis.  Again, I feel terrible.  But guys don't blame our administrator, Jon.  This is not his fault.  This is an open community forum.  We're not in Russia so folks can say and do freely including advertise their business.

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Dennis
Charlotte, North Carolina/Zone 8a 

Sas

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Reply with quote  #1223 
I did a google search and found out that he is a licensed plant dealer by the Kansas department of agriculture, so I don't know where all the talk of bankruptcy and fraud is coming from.
I do agree that the lack of communication on an individual basis has been missing, but right from the start, he also made it clear that he could not even change an order due to lack of resources and the delays did not help.
Do you honestly expect anyone in his position to respond over here and get into a debate after all this negativity and personal attacks?
As far as the new flood of refund requests after all this wait, people must do whatever works for them.
In the end, I'd say mission accomplished by whomever started this negative campaign.
Finally, I'm amazed at how some negative posters and trouble makers complain about their own posts that make it no fun to be here no more and ask John to do something about it.
Good Luck everyone...

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Sas from North Austin TX Zone 8B

OldOneEye

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Reply with quote  #1224 
So many of those posting here are wound so tight!  I ordered several trees from Greenfin and I am still waiting happily! 
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Zone: 6b TN
FigaroNewton

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Reply with quote  #1225 
Quote:
Originally Posted by Sas
cut... Do you honestly expect anyone in his position to respond over here and get into a debate...cut


I would guess he could respond w/o getting into a debate. But yes, good luck to everyone.


bill

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Billy - Middle Tennessee
Seeking: C'hiappetta. Cuttings or live plant, please P.M. an offer. Thank-you.
hoosierbanana

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Reply with quote  #1226 
Quote:
Originally Posted by nunuorig
I urge you all to file a report and stop this madness: https://www.ic3.gov/default.aspx File a complaint online at this web address. At minimum you should have: Victim's name, address, telephone, and email Financial transaction information (e.g., receipt from paypal, account information, transaction date and amount, who received the money) Subject's name, address, telephone, email, website, and IP address (Address above) Specific details on how you were victimized Email header(s) Any other relevant information you believe is necessary to support your complaint It would also be helpful to have: 1. any logs or emails of communication attempts with James 2. Timelines in which events have occurred 3. The main website you used to make the purchase When legitimate complaints get filed, I'm told they will be then reviewed to determine if the local Sheriff's office will investigate, or the FBI will directly investigate. I urge you to file a complaint yourself directly. https://www.ic3.gov/default.aspx


Seems like you would like other people to take the risk of being prosecuted for filing false claims. You don't just give information to support your claim, you give all important information. For example, say someone files a report that they were hit in the head with a rock by another person, but they leave out that the rock was thrown by a lawnmower. In this case the person filing a false claim would be arrested and charged, and the case would be airtight. The authorities take this type of thing seriously, if you actually did file a claim I hope when they show up and see all of those fig trees you get some federal charges of your own.


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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
livetaswim06

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Posts: 365
Reply with quote  #1227 
If you file a claim in bad faith like the lawnmower example that is wrong. If you file a claim in good faith that you bought something and it never arrived that is not a problem. There is no comparison between the two. If someone files a claim that they paid thousands for a product years ago that was never delivered and no refund was given that is a perfectly legal claim. If James happens to issue a refund that doesn't change the validity of the initial claim.
__________________
-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
hoosierbanana

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Reply with quote  #1228 
OK next time an order from Amazon is late, I will call the FBI.  Sound right?
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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
nunuorig

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Reply with quote  #1229 
Quote:
Originally Posted by hoosierbanana
OK next time an order from Amazon is late, I will call the FBI.  Sound right?


How do you compare a late order from an established company that communicates with customers to this shop, a person who is a year + late on numerous orders, that does not communicate with a plethora of clients that reach out to him??

And keep in mind, not everyone saw this forum first. I saw his website and bought directly from there, not knowing this was a "favor" to people in this forum.

__________________
USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Kadota | Koura Black | Marseilles Black | Martinenca Rimada | Paratjal Rimada

Growing: Acciano | Black Madeira | Black Mission | Desert King | Figo Preto | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | LSU Gold | Marseilles White | Ponte Tresa | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Vasilika Sika | Violet Sepor | Violette de Bordeaux | Unk-CVS | Unk-Dominick Italian Purple
hoosierbanana

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Reply with quote  #1230 
Go ahead and include that third party, unsubstantiated information in your report, see how that goes. "Some people on the internet said" Ha!
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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
nunuorig

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Reply with quote  #1231 
Quote:
Originally Posted by hoosierbanana
Go ahead and include that third party, unsubstantiated information in your report, see how that goes. "Some people on the internet said" Ha!


Uhh... okay. If multiple people file reports, the investigator talks with those people, and it becomes substantiated... they bought products from a seller, the seller doesn't deliver, and the seller doesn't return calls or emails.

Folks, don't just complain here. File a report with cybercrimes:
https://www.ic3.gov/default.aspx

__________________
USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Kadota | Koura Black | Marseilles Black | Martinenca Rimada | Paratjal Rimada

Growing: Acciano | Black Madeira | Black Mission | Desert King | Figo Preto | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | LSU Gold | Marseilles White | Ponte Tresa | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Vasilika Sika | Violet Sepor | Violette de Bordeaux | Unk-CVS | Unk-Dominick Italian Purple
hoosierbanana

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Reply with quote  #1232 
Oh, I see, you want your claim to be made more credible by multiple reports. Well I really just wanted to warn people that they could be opening themselves up to charges by telling a one sided story, or a reporting a false narrative after reading many, many accusations here, since you are recruiting people and all.
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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
nunuorig

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Reply with quote  #1233 
Quote:
Originally Posted by hoosierbanana
Oh, I see, you want your claim to be made more credible by multiple reports. Well I really just wanted to warn people that they could be opening themselves up to charges by telling a one sided story, or a reporting a false narrative after reading many, many accusations here, since you are recruiting people and all.


Dude, be honest, do you really believe what you write? When anyone files a complaint aren't they always telling their side of the story??? You sound like a shmuck.

__________________
USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Kadota | Koura Black | Marseilles Black | Martinenca Rimada | Paratjal Rimada

Growing: Acciano | Black Madeira | Black Mission | Desert King | Figo Preto | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | LSU Gold | Marseilles White | Ponte Tresa | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Vasilika Sika | Violet Sepor | Violette de Bordeaux | Unk-CVS | Unk-Dominick Italian Purple
hoosierbanana

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Reply with quote  #1234 
You betray yourself.

one-sid·ed
ˈwən ˈˌsīdid/
adjective
 
  1. unfairly giving or dealing with only one side of a contentious issue or question; biased or partial.
    "the press was accused of being one-sided, of not giving a balanced picture"

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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
JMRTSUS

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Reply with quote  #1235 
Seems we have a closet lawyer here......chew on this, the false report charge has a burden of proof of "malicious intent". File your complaints folks. Do not be intimidated by this silliness that you will get into trouble for asking for legal help.  
__________________
Ooltewah, TN (SE TN) Zone 7a


LSU figs.....Purple, Gold, Tiger, Champagne, O'Rourke, and Scott's Black. (GEAUX TIGERS!)


 Brown Turkey, Black Jack, Black Italian, Brandy, Celeste, Condradia, Chicago Hardy, Dalmatie, Desert King, Ischia Green, Italian Black, Kadota, Lil Miss Figgie, Lil Ruby, Olympian, Black Bethlehem, Panache, Jelly, Petite Negra, Raspberry Latte, Siblawi, Texas Everbearing, Violette de Bordeaux, White Marseille.  And very rare, top secret "unknowns" AKA as Lost tags! Plus many vaguely described figs such as "Louisiana Brown", "NOLA Irish Bayou" and  "LA Yellow", "Unk Purple" " Teramo unk"and on and on (I love unknowns).
hoosierbanana

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Reply with quote  #1236 
You could provide some evidence to support your claim. But you didn't, why?

From the IC3 website:

Quote:
The information I've provided on this form is correct to the best of my knowledge. I understand that providing false information could make me subject to fine, imprisonment, or both. (Title 18, U.S. Code, Section 1001)


This thread has plenty of false information. And people certainly do have malicious intent.

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7a, DE "While you were hanging yourself on someone else's words. Dying to believe in what you heard. I was staring straight into the shining sun"
KyFig

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Reply with quote  #1237 
Malicious indeed! What happened to helping each other succeed? We used to help each other build barns so their farms could be more productive.

Our modern life has given us some great things...but it hasn't made us better people. So much for evolution. More like de-evolution. Not to mention sad.

__________________
Wendy - from Central Ky 6b
 
JMRTSUS

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Reply with quote  #1238 
Let me take some time attempt to clear up some misunderstandings of legal complaints.

Every citizen has the right to file a complaint without fear of intimidation or retaliation. That is one of your many civil rights. A complaint is not an accusation someone broke the law, you as the complainant are not required to have legal knowledge or be a Lawyer to file a complaint. 
 
When you file a complaint you are saying to the "best of your knowledge" because a complaint has to be sworn to for legal reasons. 
 
It is not the job of the complainant to investigate or prove the party is guilty of anything, that would be the Police or Sheriff. Legal proof is in the hands of the cops and DA, not the complainant. 

If the law enforcement investigators decide a law may have been broken, as in this case, they can and will in this state give him 30 days to make good on his debts and a court appearance to prove he has complied.

If he does not make good on his agreement to make good on the debts or fails to appear in court a bench warrant will be issued for his arrest. Formal charges on the crime will then be filed by the DA. Not the complainant nor the cops, the DA.....who is a Lawyer.
 
Most importantly, all states and the fed laws protect a complainant from retaliation if the complaint is not proven.

Filing a single complaint would probably never be considered malicious in any court. Nor is encouraging others to file complaints considered malicious without proving malicious intent. In other words prove you did this to harm the person, demanding a refund in NOT harming him. 

I have ordered nothing from him. I have no dog in this hunt other than curiosity as to why you are trying so hard to protect him by trying to intimidate the the ones with a complaint into not filing it. Seems very extraordinary to me.

No, I am not a Lawyer. But I have filed legal complaints as high as one rape and too many others to be counted in my duties. After that they get a Lawyer.

So stop with this silliness........why would you want people that have been ripped off to NOT complain about it? We all pay taxes for law enforcement, and you do not want people to use them? What is your dog in this hunt? 



__________________
Ooltewah, TN (SE TN) Zone 7a


LSU figs.....Purple, Gold, Tiger, Champagne, O'Rourke, and Scott's Black. (GEAUX TIGERS!)


 Brown Turkey, Black Jack, Black Italian, Brandy, Celeste, Condradia, Chicago Hardy, Dalmatie, Desert King, Ischia Green, Italian Black, Kadota, Lil Miss Figgie, Lil Ruby, Olympian, Black Bethlehem, Panache, Jelly, Petite Negra, Raspberry Latte, Siblawi, Texas Everbearing, Violette de Bordeaux, White Marseille.  And very rare, top secret "unknowns" AKA as Lost tags! Plus many vaguely described figs such as "Louisiana Brown", "NOLA Irish Bayou" and  "LA Yellow", "Unk Purple" " Teramo unk"and on and on (I love unknowns).
dkirtexas

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Reply with quote  #1239 
@JMRTSUS POST #1239

GREAT POST!!!
Very well stated!, No name calling, no names, a very well stated legal(maybe quasi-legal) presentation.

THIS MAY BE THE BEST POST OF ALL 1239 POSTS!

Lets see how long it takes someone to try to attack it.

THANK YOU FOR THE ISLAND OF SANITY IN A SEA OF SOMETHING ELSE!

__________________
Thx, glad to be here

Danny K "EL CAZADOR DE HIGO"
Waskom Tx Zone 7B/8

Wish list: anything anyone wants me to have. LSU RED.  Any LSU fig.
nunuorig

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Posts: 98
Reply with quote  #1240 
Quote:
Originally Posted by JMRTSUS
Let me take some time attempt to clear up some misunderstandings of legal complaints.

Every citizen has the right to file a complaint without fear of intimidation or retaliation. That is one of your many civil rights. A complaint is not an accusation someone broke the law, you as the complainant are not required to have legal knowledge or be a Lawyer to file a complaint. 
 
When you file a complaint you are saying to the "best of your knowledge" because a complaint has to be sworn to for legal reasons. 
 
It is not the job of the complainant to investigate or prove the party is guilty of anything, that would be the Police or Sheriff. Legal proof is in the hands of the cops and DA, not the complainant. 

If the law enforcement investigators decide a law may have been broken, as in this case, they can and will in this state give him 30 days to make good on his debts and a court appearance to prove he has complied.

If he does not make good on his agreement to make good on the debts or fails to appear in court a bench warrant will be issued for his arrest. Formal charges on the crime will then be filed by the DA. Not the complainant nor the cops, the DA.....who is a Lawyer.
 
Most importantly, all states and the fed laws protect a complainant from retaliation if the complaint is not proven.

Filing a single complaint would probably never be considered malicious in any court. Nor is encouraging others to file complaints considered malicious without proving malicious intent. In other words prove you did this to harm the person, demanding a refund in NOT harming him. 

I have ordered nothing from him. I have no dog in this hunt other than curiosity as to why you are trying so hard to protect him by trying to intimidate the the ones with a complaint into not filing it. Seems very extraordinary to me.

No, I am not a Lawyer. But I have filed legal complaints as high as one rape and too many others to be counted in my duties. After that they get a Lawyer.

So stop with this silliness........why would you want people that have been ripped off to NOT complain about it? We all pay taxes for law enforcement, and you do not want people to use them? What is your dog in this hunt? 




AMEN!! Very well said. Thank you for bringing logic and common sense back into the forum!

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Reply with quote  #1241 
OK, I'll just post the applicable law here and everyone can decide for themselves if nunorig would be in trouble for misrepresenting his alleged telephone altercation with James or omitting it from his complaint. And you can see if JMRTSUS has successfully comprehended the applicable law stated by the FBI. 

Quote:
(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)
makes any materially false, fictitious, or fraudulent statement or representation; or
(3)
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b)
Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1)
administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2)
any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.



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Rob_Steven

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Reply with quote  #1242 
Quote:
Originally Posted by hoosierbanana
OK, I'll just post the applicable law here and everyone can decide for themselves if nunorig would be in trouble for misrepresenting his alleged telephone altercation with James or omitting it from his complaint. And you can see if JMRTSUS has successfully comprehended the applicable law stated by the FBI. 





It's not the applicable law. You just omitted a lot of it. That law it's related to Congress. Here's the complete version. It doesn't apply in this case.
It's very long, but I want to post the original version, without omitting anything.


U.S. Attorneys » Resources » U.S. Attorneys' Manual » Criminal Resource Manual » CRM 500-999 » Criminal Resource Manual 901-999
902. 1996 Amendments to 18 U.S.C. § 1001

The False Statements Accountability Act of 1996 (FSAA), Pub. L. No. 104-292, H.R. 3166 (October 11, 1996), made several changes that affect the work of United States Attorneys' Offices, including revisions to 18 U.S.C. §§ 1001, 1505, 6005, and 28 U.S.C. 1365. This section describes the changes to section 1001.

Section 2 of the FSAA revises section 1001 of title 18, United States Code. The new 18 U.S.C. § 1001, effective October 11, 1996, reads as follows:

Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --

falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

makes any materially false, fictitious, or fraudulent statement or representation; or

makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.

Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only in --

administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

The new section 1001 contains several important features. First, section 2 of the FSAA restores the Department's ability to prosecute false statements made to the judicial and legislative branches. In 1995, the Supreme Court reversed long-settled precedent in Hubbard v. United States, 115 S.Ct. 1754 (1995), and held that a court is neither a "department" nor an "agency" under § 1001. Although the Court's opinion left open the possibility that a judicial or legislative entity might still be considered an "agency" under section 1001, several courts interpreted Hubbard broadly to mean that section 1001 applies only to false statements made to the executive branch. See, e.g., United States v. Dean, 55 F.3d 640 (D.C. Cir. 1995), cert. denied, 116 S.Ct. 1288 (1996); United States v. Rostenkowski, 59 F.3d 1291, 1301 (D.C. Cir. 1995). As of March 1997, there was pending in the District of Columbia Circuit an interlocutory appeal concerning whether the old version of section 1001, even after Hubbard, still applies to financial disclosure statements that Members of Congress filed, pursuant to the Ethics in Government Act, with the Clerk of the House of Representatives before October 11, 1996. See United States v. Oakar, No. 96-3084 (D.C. Cir.). Prosecutors therefore should not concede, in any pleadings or arguments presented in federal courts, that the old section 1001 does not apply to such statements, at least until the Court of Appeals for the District of Columbia Circuit decides this case.

The new statute effectively overrules Hubbard, and expressly provides that section 1001 covers false statements that are made to all three branches of the federal government, without regard to whether the entity may be categorized as a "department" or "agency."

By including certain statutory terms (e.g., "jurisdiction" and "statement") from the former section 1001 without change, Congress intended that those terms, as reenacted, continue to carry with them the body of existing judicial constructions of those terms. For example, with respect to statements made within the jurisdiction of the executive branch, prosecutors should continue to consider all statements -- whether oral or written, and whether sworn or unsworn -- as being within the scope of the new section 1001. See H.R. Rep. No. 104-680 (July 16, 1996) at 8 ("Other than establishing materiality as an element of all three offenses, the Committee does not view the offenses defined in paragraphs (1), (2) and (3) as changing already existing case law as it relates to the elements of the offenses.")(There was no Senate report concerning the Act, and the House report covers only the changes that the Act made to section 1001).

Section 2 of the FSAA, however, contains certain limitations concerning statements within the jurisdiction of the judicial and legislative branches. Subsection 2(b) of the FSAA provides that statements made to a judge or magistrate by parties or their counsel in a judicial proceeding will not be subject to prosecution under section 1001. Section 2 of the FSAA thus codifies a limited version of the "judicial function exception," which was created by the courts under the old section 1001 to avoid the chilling of advocacy that might occur if attorneys and parties were subject to prosecution for concealing facts from a court or jury. Under the codified version of the judicial function exception, parties or their counsel may be prosecuted for false submissions to other entities within the judicial branch, such as the probation office. See H.R. Rep. No. 104-680 at 9. Non-parties may be prosecuted for any false submission within the jurisdiction of the judicial branch.

In subsection (c) of amended § 1001, Congress created a "legislative function exception." Under the new provision, false statements within the jurisdiction of the legislative branch are subject to prosecution only if they relate to administrative matters or congressional investigations conducted consistent with the applicable congressional rules. Amended § 1001 will thus reach those documents that have most often been the subject of congressional false statement prosecutions, such as vouchers, payroll documents, and Ethics in Government Act (EIGA) financial disclosure forms. The exception was intended to protect, among other things, the free flow of constituent submissions to Congress. See H.R. Rep. No. 104-680 at 4-5.

Amended § 1001 also expressly includes materiality as an element under each of the three clauses in subsection (a). This resolves a conflict among the courts on that issue. See, e.g., United States v. Corsino, 812 F.2d 26 (1st Cir. 1987); United States v. Elkin, 731 F.2d 1005 (2d Cir. 1984).


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hoosierbanana

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Reply with quote  #1243 
It applies to people making criminal complaints through IP3, like they legally warn you before you make the complaint. Cornell didn't include the update, I didn't omit anything https://www.law.cornell.edu/uscode/text/18/1001
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hoosierbanana

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Reply with quote  #1244 
Here is the link other link for you, shouldn't be any argument here. 
https://www.ic3.gov/complaint/default.aspx

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Rob_Steven

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Reply with quote  #1245 
Quote:
Originally Posted by hoosierbanana
It applies to people making criminal complaints through IP3, like they legally warn you before you make the complaint. Cornell didn't include the update, I didn't omit anything https://www.law.cornell.edu/uscode/text/18/1001


Then read the one with the update. It doesn't apply to this case. It's for the three main branches of government.

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hoosierbanana

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Reply with quote  #1246 
Excuse me, sir, click on the second link and read what it says. Are you saying the FBI is making a hollow threat?
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Lewi

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Reply with quote  #1247 
Quote:
Originally Posted by hoosierbanana
You could provide some evidence to support your claim. But you didn't, why?

From the IC3 website:



This thread has plenty of false information. And people certainly do have malicious intent.


You accuse people of lying, yet you defend a man who has not delivered products ordered.

We are supposed to work on the Honor system here. Where is the honor in taking large orders, not delivering them, and then taking even more and possibily larger orders? We know figcuttings (dot) com Is Right Now Taking orders for fall of 2017...

SO we have people (many new) who claim to have ordered in excess of Four Thousand USD....and of course no delivery.

So who am I too believe? A grown "man" with a broken pinkey toe, who thinks 45 little trees will make 1500 trees, has not delivered to customers since the spring of 2016; or do I believe in strangers who claimed to be ripped of by THE SAME INDIVIDUAL WHO HAS NOT DELIVERED MY ORDER.

Just now I put an Emerald Strawberry ( one of my figs still to be delivered) in a shopping cart for "fall 2017" delivery...

9 bucks was the price for fall 2017 delivery...alarm bells should have gone off in late 2015, but I had purchased cuttings from James before the 7 dollar tree late 2015 offer, and that went well...I really thought he wanted to "help" forum members...boy was I naive.

So what is YOUR relationsip with/to James? Are you waiting on an order? Do you know him from the Banana circles/forums?

Please give us your personal experiences with James, maybe you could tell us more about his failed enterprises in the past? S/




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hoosierbanana

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Reply with quote  #1248 
OK, I see what you missed.

Quote:
The new statute effectively overrules Hubbard, and expressly provides that section 1001 covers false statements that are made to all three branches of the federal government, without regard to whether the entity may be categorized as a "department" or "agency." 

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nunuorig

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Reply with quote  #1249 
Lewi,

Ignore him.  No one with a half of brain believes him.

I'm pretty confident people understand if they feel they are being ripped off, they can file a claim at https://www.ic3.gov/complaint/default.aspx

Let's let law enforcement determine if the claims are creditable.  If they're not, then they won't press charges against James.  If they are, they are protecting other people from being ripped off.

I think it's pretty safe to say, it seems like a potential scam by taking people's money, not responding to people, not delivering merchandise, and not refunding money.

Best,
Nunuorig

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hoosierbanana

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Reply with quote  #1250 
Quote:
You accuse people of lying, yet you defend a man who has not delivered products ordered.

We are supposed to work on the Honor system here. Where is the honor in taking large orders, not delivering them, and then taking even more and possibily larger orders? We know figcuttings (dot) com Is Right Now Taking orders for fall of 2017...

SO we have people (many new) who claim to have ordered in excess of Four Thousand USD....and of course no delivery.

So who am I too believe? A grown "man" with a broken pinkey toe, who thinks 45 little trees will make 1500 trees, has not delivered to customers since the spring of 2016; or do I believe in strangers who claimed to be ripped of by THE SAME INDIVIDUAL WHO HAS NOT DELIVERED MY ORDER.

Just now I put an Emerald Strawberry ( one of my figs still to be delivered) in a shopping cart for "fall 2017" delivery...

9 bucks was the price for fall 2017 delivery...alarm bells should have gone off in late 2015, but I had purchased cuttings from James...and I really thought he wanted to "help" forum members...boy was I naive.

So what is YOUR relationsip with/to James? Are you waiting on an order? Do you know him from the Banana circles/forums?

Please give us your personal experiences with James, maybe you could tell us more about his failed enterprises in the past? S/


Quote where I defended James, show me the money. 

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