Topic: LEGAL COURSE of ACTION Discussion --- bASIC / BitcoinASIC - page 8. (Read 21287 times)

Its odd because the vast majority of people have been refunded.


I'm labeled a scammer - yet I have refunded over a million dollars customers

yes OVER A MILLION DOLLARS.


would a scammer refund this large amount of money? I don't think so. I work every day to get people refunded
i have several people i am talking to over email daily to try and work something out.

this fork has made it very difficult

When .8 came out I installed it and It immediately corrupted my wallet (thanks devs)


originally i thought my hard drive was bad, so I bought a new one and painstakingly backed everything up and moved everything over
now FINALLY after many days of release the devs decide they should tell us they fucked up (thanks)
today I downloaded .7 and have been patiently waiting for my blockchain to download, im not sure if I will continue refunds or just buy a big crack rock and smoke it in a cave some where

but I am totally offended by this scammer tag. Anyone who knows me or knows the history of Btcfpga knows it is NOT warranted

I am NOT A SCAMMER. and anyone who knows me, knows this.



if I was a scammer I could be living it up easy some place warm instead of braving the same upstate new york winters I have been for 30+ years


btw: while we are on the topic who gave me the tag? What small dick mini mod gave me this without any proof what so ever??

i would love to know....


anyways

you can email me at [email protected] and we can either work something out or you can be a part of the bankrupcy case - which should be interesting considering the recent fork.

my attorney has compiled an immense amount of proof that this was nothing even resembling a scam and I welcome anyone who should attempt to prove this wrong to show up to court. I will certainly post the details of the bankruptcy court date as soon as we have one set.


one issue i have to face . i promised payments every friday and I kept those up until I ran out of bitcoins. If anyone has any idea how I can buy a large amount of bitcoins please message me. The largest amount I can buy from bitinstant is $500 worth ive looked and looked and its near impossible to make a large bitcoin purchase anywhere. IF anyone has any Ideas I would love to hear them.




i have contributed more to this community than most ever will. By isolating me you are losing someone who really cared about Bitcoin and worked every day to contribute to it. I am truly sorry the bASIC project failed. I would do anything to take it back. BFL has failed as well but at least I have the balls to admit it and not pretend like everything is OK and continue to hold your money for what amost a year now?   Sonny is a ball-less bitch and Josh, James and all of his other lackeys should be ashamed of themselves for promoting a TRUE scam. Maybe I was not able to do what I claimed I could do, but at LEAST I have the balls to admit it and am working my ass off to make it right.

To the ignorant assholes who have no fucking clue about this true Bitcoin man who contributed years of his life to this cause I got a message for you....  FUCK YOU.

to everyone else .... PEACE AND LOVE

to my customers dont worry - if you havent received your refund yet either work with me on it or Ill see you in bankruptcy court.

Take care and good luck Bitcoin - this fork is one of the best things that could of happened to me.

Sincerely
Tom

Well, he did claim that he had a good friend with millions of them:

https://forums.butterflylabs.com/off-topic/789-writing-style-comparison-cablepair-posts.html

... or perhaps that was the hacked account talking.  You'd think this good friend could expedite the BTC purchasing a bit...

That, I have no clue on...

What happened to all the money that he took in?

I don't have any inside knowledge. From what I understand, he's been mining to pay people back.

Fair enough. If he then used the btc and has no product how does he intend to pay everyone back? I have no interest involved other than curiosity. If what you say is true then in my opinion legal action may be a good course of action to protect ones interests.

The claim that he held Bitcoins is a troll myth. I'm not aware of any evidence he did.

look take you tommy boy train and go play somewhere else the fucker lied. id have some consideration as to him trying to pay back asap if he did what he said and started refunds on the 23rd like he said he would.

even so wither he sold out at the 15 dollar price like he said and he clams to be paying back the usd value why the fuck not buy back in and give the customers 1100 usd value what happend to 1 million of refunds money he gots.




he didnt do anything that he said he would hes setting on our money and just telling us lies and string us along

lukejr, he misrepresented his product from day one. if i were an investor, i wouldn't be pissed off.

If he intends to pay everyone back, then people may want a judgement to secure that promise. If he is paying back everyone, what is taking so long if he did in fact hold all the btc?

was the poll also included from the start of the thread?

Maybe he should have. Obviously trying to send customers refunds ASAP isn't making people happy.

Did he file for bankruptcy protection?

Maybe because not everyone wants to sue Tom?

You'd be getting nothing if any other business folded... at least he's trying to refund everyone.

Quite aside, yet on topic.

This thread has 179 posts with 7080 views to date. Why is there only 12 votes total in the poll? I'm finding this tidbit rather odd.

You could all file a small claims suit  - if you can justify jurisdiction for your case in your local court - did the contract for sale include any arbitration clause or other legal forum selection? If you can get personal jurisdiction in your local court then he would have to show up or risk getting a default judgement. 50 or so small claims would definitely tie him in a bad way

here is a blurb about jurisdiction: 

Personal Jurisdiction Personal jurisdiction is based on territorial concepts. That is, a court can gain personal jurisdiction over a party only if the party has a connection to the geographic area in which the court sits. Traditionally, this connection was satisfied only by the presence of the defendant in the state where the court sat. Since the late nineteenth century, notions of personal jurisdiction have expanded beyond territorial concepts, and courts may gain personal jurisdiction over defendants on a number of grounds. However, the territorial basis remains a reliable route to establishing personal jurisdiction.

A person who has a civil claim may file suit in a court that is located in his or her home state. If the defendant lives in the same state, the court will have no trouble gaining personal jurisdiction. The plaintiff must simply serve the defendant with a summons and a copy of the complaint that was filed with the court. Once this is accomplished, the court has personal jurisdiction over both the plaintiff and the defendant. If the defendant lives outside the state, the plaintiff may serve the defendant with the process papers when the defendant appears in the state.

If the defendant lives outside the state and does not plan to re-enter the state, the court may gain personal jurisdiction in other ways. Most states have a Long-Arm Statute. This type of statute allows a state court to gain personal jurisdiction over an out-of-state defendant who (1) transacts business within the state, (2) commits a tort within the state, (3) commits a tort outside the state that causes an injury within the state, or (4) owns, uses, or possesses real property within the state.

many thanx for your explanation of breach of contract. from what i understand as long as we can prove the intrinsic value of bitcoin, this case could be won with little effort. however the drafting of documents needed to file suit against Tom may prove costly -especially is he mounts any kind of defense (one has to assume Tom's retained a lawyer). Or you can try to sue him via small claims in his county (oswego) 1000.00 max

I know its a super lame cause for EFF (as they have much more serious concerns), but I think they could help, at least provide some insight.

...if all is lost, perhaps some nifty/shady way to drown Tom in legal defense?

Most likely an action for restitution will be applicable here:

The basic purpose of restitution is to achieve fairness and prevent the Unjust Enrichment of a party. Restitution is used in contractual situations where one party has conferred a benefit on another party but cannot collect payment because the contract is defective or no contract exists. (compensatory damages)

The goal of restitution is to restore the non-breaching party to his or her pre-contract position or to "restore them" to their position. The court would normally not be interested in speculative gains or opportunity costs associated with the holding of funds, but would rather attempt to restore the non-breaching party for the the amount in value at the time the contract was entered.

The most likely valuation of the contract breach would be the value of bitcoins when the contract was entered into. If the non-breaching party sent in 100 bitcoins in, at the then present value of $7 per bitcoin, they would be entitled to $700 worth of bitcoins in return plus any incidental damages( costs incurred from legal fees or other reasonable sources needed to recover from the breached contract) and Consequential damages - lost wages, etc

If this person did indeed hold all the bitcoins, he could have easily converted them usd and covered all of the breached contracts and still had extra. Now the court may find issue with him benefiting from a willful breach so they may assign consequential damages or even special damages in that area but all of that is speculative based on the court and subject to a factual debate.

It is mainly meaning "Yes" we would like to pursue a group legal action but we would like to know who you are (organizer of the whole action) so I'm sure I can send you my btc and they will be used for this action ( Btw I'm not a customer of basic...)