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Topic: Scammer tag: PatrickHarnett - page 10. (Read 39305 times)

hero member
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November 13, 2012, 10:25:07 AM
I had a short conversation with Theymos regarding this thread. From what was clarified to me, it is unlikely that Patrick will receive a scammer tag while he keeps trying to repay or to renegotiate his obligations. Since JoelKatz has already established that the mutual agreement was based on common mistake, and Mircea Popescu's spokesperson has already indicated that there is not a signed contract, the furthering discussion of this matter is useless.

Mircea Popescu is free to come to this forum and renegotiate his mutual agreement with Patrick.

Regarding the Kraken fund issue, I advise Patrick's investor to open another thread and provide evidence which indicates that he was trying to defraud or to deceive his investors.

Who are you again?

O wait, some random idiot with delusions of self importance?

For the record: PatrickHarnett made no attempt to either negotiate or even contact us about his default, and he has made no effort towards repayment. In fact, he's not as much as represented himself here. Which means that you're in the best case lying about your conversation with theymos.

I had a short conversation with Theymos regarding this thread. From what was clarified to me, it is unlikely that Patrick will receive a scammer tag while he keeps trying to repay or to renegotiate his obligations. Since JoelKatz has already established that the mutual agreement was based on common mistake, and Mircea Popescu's spokesperson has already indicated that there is not a signed contract, the furthering discussion of this matter is useless.

Mircea Popescu is free to come to this forum and renegotiate his mutual agreement with Patrick.

Regarding the Kraken fund issue, I advise Patrick's investor to open another thread and provide evidence which indicates that he was trying to defraud or to deceive his investors.

LOL. Funny how libertarians are so comfortable writing in the style of Big Brother. Perhaps libertarianism is mostly about jealousy and there is not much else to it.



Augustocroppo is nothing but an idiot. Idiocy is indeed about jealousy, inability and not much else. Libertarianism really has nothing to do with it, if he "were" a fireman he'd still be Augustocrappo the Idiot.
vip
Activity: 756
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November 13, 2012, 09:24:15 AM

LOL. Funny how libertarians are so comfortable writing in the style of Big Brother. Perhaps libertarianism is mostly about jealousy and there is not much else to it.


Would you care to explain how the above quote relates to this thread?
legendary
Activity: 1050
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November 13, 2012, 09:13:38 AM
I had a short conversation with Theymos regarding this thread. From what was clarified to me, it is unlikely that Patrick will receive a scammer tag while he keeps trying to repay or to renegotiate his obligations. Since JoelKatz has already established that the mutual agreement was based on common mistake, and Mircea Popescu's spokesperson has already indicated that there is not a signed contract, the furthering discussion of this matter is useless.

Mircea Popescu is free to come to this forum and renegotiate his mutual agreement with Patrick.

Regarding the Kraken fund issue, I advise Patrick's investor to open another thread and provide evidence which indicates that he was trying to defraud or to deceive his investors.

LOL. Funny how libertarians are so comfortable writing in the style of Big Brother. Perhaps libertarianism is mostly about jealousy and there is not much else to it.

vip
Activity: 756
Merit: 504
November 13, 2012, 09:02:12 AM
I had a short conversation with Theymos regarding this thread. From what was clarified to me, it is unlikely that Patrick will receive a scammer tag while he keeps trying to repay or to renegotiate his obligations. Since JoelKatz has already established that the mutual agreement was based on common mistake, and Mircea Popescu's spokesperson has already indicated that there is not a signed contract, the furthering discussion of this matter is useless.

Mircea Popescu is free to come to this forum and renegotiate his mutual agreement with Patrick.

Regarding the Kraken fund issue, I advise Patrick's investor to open another thread and provide evidence which indicates that he was trying to defraud or to deceive his investors.
hero member
Activity: 756
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November 13, 2012, 07:59:46 AM
That's precisely what happened here. Both sides were equally culpable in their mistaken belief that Patrick's business model was sound and that his loan portfolio was largely free of correlated risk. Everything they said to each other reinforced and flowed from that shared mistake belief. The damages flowed directly from that mistaken belief.

This is a false statement you have for the first time introduced on November the 5th:

There's no evidence this was a scam. In fact, everything I can see suggests that it was simply a common mistake.

and since repeated it 43 (that's forty three) times without any actual substantiation (if we don't count "everybody knows") and with no actual change.

The statement, illogical and untenable such as it is, was demolished by pretty much everyone who bothered to consider the matter, among which:

I'll have to disagree with you here JoelKatz.

The contract was made on assumptions that Patrick made, sure.  But that doesn't mean he can back out of his contract scot-free just because his assumptions were wrong.

[...]

We're hitting Patrick's Bitcoin community "credit score" because he failed to hold up his end of the bargain.

on the common understanding that he had no or limited Pirate exposure.

No. It was based on Patrick's representation to that effect. Your attempts to represent this as a "common mistake" are unseemly and quite frankly are doing a lot of damage to your own credibility.

looks like Hartnett took the loan, and thus the obligation to repay.  further, he misrepresented his exposure to his creditors.

mistake is his.  scammer/default.

Seems odd that there is even an argument. PatrickHarnett is supposed to have paid back some Bitcoins and has not. I am sure there are reasons for this but that still does mean he is in default. Paying back little bits of what he owes doesn't change that.

Or, do Bitcoins operate on a different set of logic?

Joel's arguments are really dumb. Patrick was acting as a bank. Charging higher interests for loans vs paying deposits, with the assumptions that the difference would more than make up for defaults in the loans with a little profit left for him. The fact that Patrick loaned out money to people who were investing in pirate is not anyone else's fault but Patrick's, he should have either been more careful with who he was loaning to or charged a higher interest rate. You don't expect your bank to pay you half of your usual percentage rate on a CD or savings account because more people foreclosed on their homes than the bank suspected?

The argument would be that you can't look to the contract because the contract doesn't say what happens if the cherries weigh 4,500 pounds. Everything written in the contract is based on the assumption that the cherries weigh 5,000 pounds. (Unless it contains some clause about the weight, of course.) Here, it is clearly unjust to enforce the contract as agreed because the agreement was predicated on the shared belief.
That's a bad analogy. Patrick Harnett had full control over who he lent to in order to reduce correlated risk. He had information on what exactly applicants claimed to be using the money for and the ability to demand as much evidence of this as necessary. Based on this evidence, he falsely assumed that his borrowers weren't exposed to Pirate and got screwed - that's the incorrect belief that's the problem here, and the people who loaned Patrick money didn't have this information! They had to rely on Patrick's promise that he was competent to vet applicants and that he'd made sure not to lend money to people who'd just invest it in Pirate.

A closer analogy would be if one party entered into a contract in which they gave another party money which the second party was to buy a lorry-load of cherries with, and they'd split the profit from reselling them. If the second party then goes and buys off the back of a truck in some parking lot and gets crates full of rubble instead, which party should be liable?

Explaining that the failure that resulted in the loans going bad was due to a mistake made jointly by both parties and thus not equitably allocatable entirely to one of them. Patrick is as much a victim here as those who loaned him money -- assuming he eventually makes some kind of reasonable settlement for a portion of the principle.

You are making no sense. Are you living in the vicinity of a strong reality distortion field of some kind?

But I think we all agree that a person who borrows some Bitcoins fully intending to pay them back but then can't pay them back (say they lost their job) deserves a scammer tag.

So why on earth doesn't Harnett then?

I thought your argument was that Harnett's lenders are equally to blame for any problems they have experienced due to his default because they should have done more due diligence before lending to him.

You're repeating the same fallacy again and again.  The two cases aren't remotely similar.

Not only is your argument logically inconsistent ("everyone knew X",  "Except the people who had the most interest in knowing X", "And specifically except the only person who COULD know X"), it's also totally irrelevant anyway.  At no stage has PH claimed he should be released from his obligations because "everyone who invested must have known I was exposed to pirate so should take a massive haircut if they ever get paid back as their ignorance trumps my incompetence.".

Seems to me like PH made some errors of judgment, was unable to fulfil his commitments, still accepts he has those commitments but is unable/unwilling to resolve them in any sort of timely manner.  As such there's no point him posting here - as he isn't disputing any of MP's facts or what he owes.  If policy was consistent then I'd actually expect him to get a tag about same time after default as nefario did (both broke an off-forum agreement - more clearly tbh in PH's case).  Both have reasons outside their own control why they believed they had no choice but to break existing agreements.  Both, arguably, should have known that risk existed (in PH's case by properly doing due diligence on how his customers were using their loans).  Luckily for PH I don't think any of his victims are mods - so he's probably safe.

The integrity that comes from taking an unpopular position because you believe it is correct and because you believe it is what the community needs to hear.

I'm sorry I've been holding back from commenting on this thread (as I've never had any business dealings with Patrick and thus this topic is really none of my concern) but now with that comment I must interject.

This logic of yours is NOT what the community needs to hear.

Basically, a cut and dry case of a shill trying to scream louder than everyone and thus enact his lie as some semblance of truth.
hero member
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November 13, 2012, 07:36:47 AM
Joel, you are actively stopping this debate from moving forward.

In my mind, what we need to know is quite simple:

Should Patrick not recover any coins from his Kraken Pirate investments, will he back contributed capital as he stated?

Quote
Contributed capital is backed by my personal funds.


He agreed to that for Kraken Fund and that it well looks like a scam. He's disagreeing for the Starfish deposits that risk was not shared. The statement about the backing by personal funds was made for the Kraken Fund only.
legendary
Activity: 1792
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November 13, 2012, 07:34:06 AM
Joel, you are actively stopping this debate from moving forward.

In my mind, what we need to know is quite simple:

Should Patrick not recover any coins from his Kraken Pirate investments, will he back contributed capital as he stated?

Quote
Contributed capital is backed by my personal funds.
hero member
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November 13, 2012, 07:33:39 AM
(Note that I did not deposit anything with Starfish. But I did have a deposit in his other operation (fund), but the mere fact it was a fund would place me under your joint venture example where risk is shared. However he added the claim that "Contributed capital is backed by my personal funds." and defaulted on it without personally going bankrupt. One could have assumed he was borrowing investment capital by backing it with his personal assets, which turns it into a loan more than an actual fund/investment vehicle, but he did not back it as promised when the situation required so. Which you seem to have agreed to already.)
That claim was based on his false belief that his business model was fundamentally sound and that he was diversified against Pirate exposure. It's certainly enforceable against those who have no culpability in that mistake. But it's not fully enforceable against people who shared that mistaken belief and jointly acted to cause the harm. Both Patrick and his investors made the same mistake and it caused precisely the same loss in precisely the same way.

To give a somewhat silly analogy, say some people believe that if you give money to the poor, God will repay you tenfold. If someone borrows money to give to the poor expecting to pay it back from God's bounty, they are totally stuck if the bounty fails to materialize. It's all on them. But if they jointly develop a loan scheme with someone else who shares this belief, and borrow from them in the mutual expectation that the bounty will materialize, it would clearly be inequitable to hold the borrower 100% responsible for the amount borrowed because the mistaken belief that caused the loss was shared by both sides equally. This is so even if one person says, "I'm sure I can pay you back from my money", so long as that assurance flows directly from the shared, mistaken belief.

That's precisely what happened here. Both sides were equally culpable in their mistaken belief that Patrick's business model was sound and that his loan portfolio was largely free of correlated risk. Everything they said to each other reinforced and flowed from that shared mistake belief. The damages flowed directly from that mistaken belief.

You admitted a bank would rarely be at common fault, yet you know just as much by depositing at a bank that the deposits will be lent afterwards and you're just as much led to believe its loaning behavior is sound. Yet depositors are not sharing the risk. Your analogies/examples always show an example where the investment is disclosed, while Patrick Harnett acted as a bank, being the financial service provider selecting who to loan to. Those benefiting from those loans made the actual investments (and lied to Patrick). The depositor is yet not at fault for the bank mismanagement.

The depositors were not investing in the bank itself such as would be the case if they became shareholders. (In which point they would be equally liable to a loss from the unsound business such as in your example.) They merely deposited with Patrick Harnett providing a financial service:

Depositor > Patrick (bank) > Lendee > Investment or Personal Purchase

I claim your proposed scenario cannot apply on behalf that it was not an investment but a deposit. Patrick was providing a financial service and was not directly making an investment or disclosing the lendees and the specific reason they are taking a loan just like a bank. The wording strongly suggest that he works as a bank and that he takes the responsibility to loaning cash to sound requests and doing proper investigation. Now the bank needs to default, Patrick voided part of the deposits but did not default himself personally, despite that he was acting as the bank entity (which has to default), directly and personally pocketing any profit.
legendary
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Democracy is vulnerable to a 51% attack.
November 13, 2012, 07:15:53 AM
I have never accepted money from anyone to express an opinion of any kind.

Accepting money is not what's at issue. Nice try, I suppose this sort of slimy, intellectually dishonest behavior usually works for you.
I'm pretty sure you're trolling now. You have exhausted my ability to presume good faith. I give up on trying to reason with you.

In all the years I've been posting on Internet forums and blogs, only two people have ever exhausted my presumption of good faith. So congratulations.
legendary
Activity: 1596
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Democracy is vulnerable to a 51% attack.
November 13, 2012, 07:13:13 AM
(Note that I did not deposit anything with Starfish. But I did have a deposit in his other operation (fund), but the mere fact it was a fund would place me under your joint venture example where risk is shared. However he added the claim that "Contributed capital is backed by my personal funds." and defaulted on it without personally going bankrupt. One could have assumed he was borrowing investment capital by backing it with his personal assets, which turns it into a loan more than an actual fund/investment vehicle, but he did not back it as promised when the situation required so. Which you seem to have agreed to already.)
That claim was based on his false belief that his business model was fundamentally sound and that he was diversified against Pirate exposure. It's certainly enforceable against those who have no culpability in that mistake. But it's not fully enforceable against people who shared that mistaken belief and jointly acted to cause the harm. Both Patrick and his investors made the same mistake and it caused precisely the same loss in precisely the same way.

To give a somewhat silly analogy, say some people believe that if you give money to the poor, God will repay you tenfold. If someone borrows money to give to the poor expecting to pay it back from God's bounty, they are totally stuck if the bounty fails to materialize. It's all on them. But if they jointly develop a loan scheme with someone else who shares this belief, and borrow from them in the mutual expectation that the bounty will materialize, it would clearly be inequitable to hold the borrower 100% responsible for the amount borrowed because the mistaken belief that caused the loss was shared by both sides equally. This is so even if one person says, "I'm sure I can pay you back from my money", so long as that assurance flows directly from the shared, mistaken belief.

That's precisely what happened here. Both sides were equally culpable in their mistaken belief that Patrick's business model was sound and that his loan portfolio was largely free of correlated risk. Everything they said to each other reinforced and flowed from that shared mistake belief. The damages flowed directly from that mistaken belief.
hero member
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November 13, 2012, 07:03:50 AM
I have never accepted money from anyone to express an opinion of any kind.

Accepting money is not what's at issue. Nice try, I suppose this sort of slimy, intellectually dishonest behavior usually works for you.

I dislike Patrick. I've never coordinated any activity with him nor, at least as far as I can recall right now, have I ever had any communication with him

Right. Except not really.
legendary
Activity: 1596
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Democracy is vulnerable to a 51% attack.
November 13, 2012, 06:56:36 AM
Originally I thought you were just mentally ill, but the "coincidence" of the 40% and the 50% arbitrary values coming out of you with the 40% and 50% arbitrary values coming out of Patrick as well as a mounting pile of circumstantial evidence paint quite the opposite picture:
I explained where the 40% and 50% come from at least twice now. As for "values coming out of Patrick", I don't know what you're talking about. If Patrick is attempting to copy my argument, it's not because I've asked him to or he's asked me to.

Quote
You have absolutely no integrity, you are just shilling. And you should be ashamed of yourself.
I have never accepted money from anyone to express an opinion of any kind. (Though not for lack of trying. If you want to pay me to shill, I'll take your money. I just won't lie and say I didn't.)

Quote
You might at the very least have disclosed your relationship instead of lying about no relationship.
I dislike Patrick. I've never coordinated any activity with him nor, at least as far as I can recall right now, have I ever had any communication with him (or, so far as I know, anyone connected with him) whatsoever other than public posts to this forum. (Other than one private forum message to, I think, ripper234, in which I advised him that I thought Patrick's business was likely a scam.)

There is absolutely no possible reason I would lie or be dishonest about this. Patrick will likely get a scammer tag anyway, and this has no effect on any actual court of law. The only difference is that I put some blame on you. It's hard to imagine anyone would pay me to do that.
hero member
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November 13, 2012, 06:54:10 AM
When someone deposits at a bank, they don't accept to take any risk as to if the bank will or will not make good investments. If the bank cannot pay depositors, it has to default.
That's correct. But that's because a case where the losses are equally the fault of the bank and those who loaned the bank money are rare. However, if you imagine such a case, it should seem clear they should split the losses.

As a silly example, suppose I tell you that I feel really lucky on the slots today and that if you give me $50, I believe I'll win $100 and split the profits with you. Say you also believe that this is the case and therefore loan me the money, fully believing that I will win $100 and split the profits with you. In this case, if I lose the $50, it's not fair for me to be responsible to you for the entire $50, lost profits, and so on. When you have a common mistake, made equally by both parties, with no significantly greater fault falling on either party, it is inequitable to try to enforce the contract as agreed. In our gambling case, our contract never addresses the case where I lose money because neither of us considered it possible -- it can't say what should happen in that case because neither of us ever tried to make it do so.

Quote
However, in this case, the issue is not the default or partial payment. It's that Patrick Harnett chose to operate as himself, and he took deposits in his name and should not default on deposits if he does not default himself as an individual and keeping his personal wealth. The risks of operating under your own name instead of managing a legally separate entity.
The issue in this case is that both Patrick and those who loaned him money made precisely the same mistake, and neither party would have entered into the agreement but for that mistake.

In your example, indeed it's an investment contract with no clause in the case money is lost. It could be seen as a joint venture and the share of the loss could be expected. It was never agreed it was loan, but that he'd use the money for gambling and share the profits.

But in this situation, I disagree that it could be regarded as such. He took deposits, acted as a bank taking deposits and extending loan, stating repeatedly that his business was sound, diversified, and that he could bear defaults. The mere fact people asked about how he operated does not suddenly make it a joint venture or imply that risk will be shared. Otherwise, applying this logic, if I asked a bank about their business practices before depositing into an interest bearing account, the bank could make a bad investment and then default on my deposit without default as a whole because my particular funds went on a bad investment and risk is somehow shared.

By depositing with Patrick Harnett, just like at a bank, you do not assume taking risk in any particular venue or to sharing risk with the various investments & loans the bank will make. They simply entrust their money to a financial service provider who will then make decisions for them. They are not making any specific investment or assuming the risks. One key characteristics is that capital is pooled from all the depositors' funds to be then redistributed to business ventures. The depositors do not take any risk other than the bank defaulting as a whole and Patrick Harnett operated under himself, not a separate entity, but did not default himself.

He acted as if it was a joint investment venture and defaulted only on the capital of depositors, not personally, despite operating as a bank under his own name for his own personal profit, acting as a financial service provider and not directly disclosing how he invested the capital.

If he operated under an independent entity (which earn it's own profit, pays its own taxes, etc.), then defaulting purely as a bank on the deposited capital would have been acceptable, however he was acting as the bank and he was directly and personally receiving any profit yet didn't claim personal bankruptcy.

The wording and claims Patrick Harnett made (at least for the Starfish lending/deposits business) were very misleading as to the nature and how he would manage scenarios regarding his offer.

If you don't agree with the above, well let's agree to disagree on whether to classify Patrick Harnett's business as a joint venture such as your example or as a bank (financial service provider) such as in my example. Because it does not seem we disagree on how to handle the case in either scenario, but on what kind of scenario we are actually dealing with. (Note that I did not deposit anything with Starfish. But I did have a deposit in his other operation (fund), but the mere fact it was a fund would place me under your joint venture example where risk is shared. However he added the claim that "Contributed capital is backed by my personal funds." and defaulted on it without personally going bankrupt. One could have assumed he was borrowing investment capital by backing it with his personal assets, which turns it into a loan more than an actual fund/investment vehicle, but he did not back it as promised when the situation required so. Which you seem to have agreed to already.)
hero member
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November 13, 2012, 06:53:37 AM
What integrity?
The integrity that comes from taking responsibility for your own bad judgment and admitting when you are in the wrong rather than hurling insults and accusations at the people who try to point it out to you. The integrity that comes from taking an unpopular position because you believe it is correct and because you believe it is what the community needs to hear.


Except you are NOT taking an "unpopular" position. You are taking a logically inconsistent and provably (and proven) untenable position.

Originally I thought you were just mentally ill, but the "coincidence" of the 40% and the 50% arbitrary values coming out of you with the 40% and 50% arbitrary values coming out of Patrick as well as a mounting pile of circumstantial evidence paint quite the opposite picture:

You have absolutely no integrity, you are just shilling. And you should be ashamed of yourself.

You might at the very least have disclosed your relationship instead of lying about no relationship.
legendary
Activity: 1596
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Democracy is vulnerable to a 51% attack.
November 13, 2012, 06:47:47 AM
Aug 10 08:10:41   mainly because the 15,500 coins I hold on deposit are not invest in BS&T
If you lend me $1, and I haven't done anything with it, then I still hold that $1 that was deposited.  But If I lend that $1 to someone else, I no longer can say that I hold $1 on deposit.  

You don't say that you hold a deposit when you no longer hold those funds and instead have turned around and lent those funds out.

You might make the argument that Patrick made a mistake and used the wrong words (versus intentionally trying to deceive).
In context, I don't think it was possible to understand what he said that way. This was preceded by:

Aug 10 08:07:21   I run a slightly complicated business, but most of the deposit accounts I run are BS&T free

I think both sides clearly understood that Patrick's "deposit accounts" were in fact loans. If there was any confusion about that, that would be a separate issue.

In fact, I can't see how that could be misunderstood. If he had 10,000 BTC on deposit, he would have 10,000 BTC sitting around, but he'd also owe 10,000 BTC. So how would that help cover a default? He has to have been referring to his loan portfolio. (If he had said it was a "reserve", you'd have a point.)

The issue in this case is that both Patrick and those who loaned him money made precisely the same mistake,
Nobody else but Patrick is "on trial" here though.
Right, but we can't do that without figuring out how to handle a case their contract didn't cover. When we do that, it makes a difference how you apportion fault on the two sides.

For example, say you represented that there were 1,500 pounds of cherries on a truck and I bought it from you for $3,000. If I don't pay you the money, and there weren't actually 1,500 pounds of cherries on the truck, we can't just conclude that I owe you the $3,000 the contract specified because you didn't provide me the 1,500 pounds of cherries the contract specified.

Now, saw we both determined there were 1,500 pounds of cherries on the truck and we were both wrong. It's still inequitable to make me pay you the entire $3,000, making me suffer all the losses that flowed from a common mistake, when the fault was both of ours equally. We have to adjust the amount owed based on things like the relative fault. (But not just the relative fault. As I argued elsewhere, it's complicated.)

We can't assess whether Patrick is in default unless we asses how much he should pay. And we can't do that until we apportion fault among the parties. (However, as I've also argued elsewhere, we may be able to skip this process if we can agree on an amount so low it's obviously fair to make Patrick pay at least that and then show he hasn't even paid that amount. I've suggested 40% over three years as this amount.)
legendary
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November 13, 2012, 06:17:54 AM
Aug 10 08:10:41   mainly because the 15,500 coins I hold on deposit are not invest in BS&T

If you lend me $1, and I haven't done anything with it, then I still hold that $1 that was deposited.  But If I lend that $1 to someone else, I no longer can say that I hold $1 on deposit.  

You don't say that you hold a deposit when you no longer hold those funds and instead have turned around and lent those funds out.

You might make the argument that Patrick made a mistake and used the wrong words (versus intentionally trying to deceive).


The issue in this case is that both Patrick and those who loaned him money made precisely the same mistake,

Nobody else but Patrick is "on trial" here though.
legendary
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1davout
November 13, 2012, 05:38:51 AM
Some global mod should grow some balls and either tag harnett until he defends himself or lock the fuck out of the waste of disk space that this thread has become.
legendary
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Democracy is vulnerable to a 51% attack.
November 13, 2012, 05:23:27 AM
When someone deposits at a bank, they don't accept to take any risk as to if the bank will or will not make good investments. If the bank cannot pay depositors, it has to default.
That's correct. But that's because a case where the losses are equally the fault of the bank and those who loaned the bank money are rare. However, if you imagine such a case, it should seem clear they should split the losses.

As a silly example, suppose I tell you that I feel really lucky on the slots today and that if you give me $50, I believe I'll win $100 and split the profits with you. Say you also believe that this is the case and therefore loan me the money, fully believing that I will win $100 and split the profits with you. In this case, if I lose the $50, it's not fair for me to be responsible to you for the entire $50, lost profits, and so on. When you have a common mistake, made equally by both parties, with no significantly greater fault falling on either party, it is inequitable to try to enforce the contract as agreed. In our gambling case, our contract never addresses the case where I lose money because neither of us considered it possible -- it can't say what should happen in that case because neither of us ever tried to make it do so.

Quote
However, in this case, the issue is not the default or partial payment. It's that Patrick Harnett chose to operate as himself, and he took deposits in his name and should not default on deposits if he does not default himself as an individual and keeping his personal wealth. The risks of operating under your own name instead of managing a legally separate entity.
The issue in this case is that both Patrick and those who loaned him money made precisely the same mistake, and neither party would have entered into the agreement but for that mistake.
hero member
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November 13, 2012, 05:11:55 AM
If someone says they have funds to personally cover any losses and then doesn't actually cover said losses there's not much left to argue about here.
I agree. Patrick was mistaken and should be held accountable for that mistake:

Aug 10 08:07:58   you deem yourself able to repay your depositors in the event bs&t goes bankrupt, and nothing is recovered ?
Aug 10 08:10:17   in the event BS&T goes bust, I have more than enough assets to cover that
Aug 10 08:10:41   mainly because the 15,500 coins I hold on deposit are not invest in BS&T

There's no evidence this was a lie or misrepresentation. It was simply something that he was incorrect about. Where I disagree with some others in this thread is that I believe the people who loaned Patrick money made precisely the same mistake and are likewise accountable for the harm that mistake caused. Patrick believed he was sufficiently free of Pirate exposure and correlated risk that he would have sufficient loan assets to make repayments if Pirate defaulted. He was wrong. But this was not because of secret knowledge only he had, it was because he thought his basic business model (which was not a secret) was sound when it wasn't.

Quote
This logic of yours is NOT what the community needs to hear.
If people are not held accountable for bad decisions and poor judgment that causes harm, we're doomed to repeat Pirate, Patrick, and Hashking over and over again. Those who invested paid folks like Pirate to run their scams and knew, or should have known, that they were paying people to make them the recipients of fraudulent transfers. Patrick was an un-knowing Pirate intermediary and is, in my opinion, much less culpable than the knowing Pirate intermediaries such as PPT operators. Those who loaned him money were equally un-knowing Pirate intermediaries.

Patrick Harnett's offered loans and taking deposits. He was acting somewhat as a bank often guaranteeing no loss. If he was under a LLC/entity separate from himself, the operation defaulting and paying partial might have the way to go. However, this was not the case. He operated under his own name.

- Not a joint venture.
- Often promising no default would cause any loss.
- Claims of good backings.
- Offering deposits with interest paid on balance.

When someone deposits at a bank, they don't accept to take any risk as to if the bank will or will not make good investments. If the bank cannot pay depositors, it has to default. Same as when the bank loans to businesses. They're not in a joint venture and the bank is not going to accept the business defaulting on the loan without the whole business defaulting on the sole reason the specific investment didn't go as planned and claimed. The person extending money to the other party is not at fault for the receiver's business shortcomings.

You could potentially blame the depositors for for their choice of place to deposit their money I suppose. And you could argue that the default being unavoidable, it's logical that people are partially paid with what is left.

However, in this case, the issue is not the default or partial payment. It's that Patrick Harnett chose to operate as himself, and he took deposits in his name and should not default on deposits if he does not default himself as an individual and keeping his personal wealth. The risks of operating under your own name instead of managing a legally separate entity.
legendary
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Democracy is vulnerable to a 51% attack.
November 13, 2012, 04:44:03 AM
If someone says they have funds to personally cover any losses and then doesn't actually cover said losses there's not much left to argue about here.
I agree. Patrick was mistaken and should be held accountable for that mistake:

Aug 10 08:07:58   you deem yourself able to repay your depositors in the event bs&t goes bankrupt, and nothing is recovered ?
Aug 10 08:10:17   in the event BS&T goes bust, I have more than enough assets to cover that
Aug 10 08:10:41   mainly because the 15,500 coins I hold on deposit are not invest in BS&T

There's no evidence this was a lie or misrepresentation. It was simply something that he was incorrect about. Where I disagree with some others in this thread is that I believe the people who loaned Patrick money made precisely the same mistake and are likewise accountable for the harm that mistake caused. Patrick believed he was sufficiently free of Pirate exposure and correlated risk that he would have sufficient loan assets to make repayments if Pirate defaulted. He was wrong. But this was not because of secret knowledge only he had, it was because he thought his basic business model (which was not a secret) was sound when it wasn't.

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This logic of yours is NOT what the community needs to hear.
If people are not held accountable for bad decisions and poor judgment that causes harm, we're doomed to repeat Pirate, Patrick, and Hashking over and over again. Those who invested paid folks like Pirate to run their scams and knew, or should have known, that they were paying people to make them the recipients of fraudulent transfers. Patrick was an un-knowing Pirate intermediary and is, in my opinion, much less culpable than the knowing Pirate intermediaries such as PPT operators. Those who loaned him money were equally un-knowing Pirate intermediaries.
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