Ross Rojek arrested for fraud (**OFFICIAL THREAD**)

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Justin at AU
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Post by Justin at AU » May 4th 2004, 1:17 pm

Very understandable Jason. Thank you though for your advise and suggestions up to this point.

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Post by Debs » May 5th 2004, 3:51 am

Hi all,

To be pedantic about the shipping lists, I would like to say that I believe the people who cancelled and didn’t receive a refund from AU have as much right as anyone who originally signed the petition. The people who cancelled did so because they ‘hoped’ to get some sort of official notification of the cancellation and therefore, their money back. Some people got their money back but many, many didn’t. So in this case, aren’t they owed what they paid for?

And yes, I cancelled and didn’t receive money from AU.

Debs xx
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starbug
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Post by starbug » May 5th 2004, 4:58 am

Debs, that's an interesting point...

my situation is slightly different; I cancelled with AU but never received any confirmation of my cancellation. Subsequently I was refunded by my Credit Card company but not by AU. AU still has my money.

I ordered the DVDs from amazon, but obviously they came with no bonus disk and no lunchbox.

IMHO I feel I am entitled to receive the merchandise that AU has been holding my money for. In the event that I do receive this merchandise (and on that day, Satan will be skating to work) in the form of one box set, one bonus disc, and one lunchbox, I will contact my credit card company, inform them that AU have delivered, and then offer to return the money that they refunded me. I would then try to sell my one spare box set on ebay.

That's what I feel I would be entitled to do, but I think it's a moot point at the moment given the various difficulties that have come to the fore.

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pgh kenny
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Post by pgh kenny » May 5th 2004, 11:55 am

okay, so my thought is that the logistics of trying to get lunchboxes to those that are owed them might be a disaster - mostly because most of us are young enough that our addresses change frequently. it's obvious that only a small fraction of the original people who ordered even know ross was arrested.

However, I think it is a tragedy if these boxes go to the trash. What a waste of all of our collective energy trying to make this project a success.

At the very least, let's try to arrange to have them donated to a worthy non-profit that would sell them to raise revenue or at least think of something less evil than throwing them out.

Let's do something more constructive than sending anonymous emails.








Jason R wrote:Change of plans. :( I received several anonymous emails stating that MSCL.com will distance itself from me if I try to do anything. It went so far as to say that some members thought that it was a trap being set up for me.

If they won't go near me with a ten foot pole if I get involved, I figure I shouldn't try to do anything. It just starts everything with the assumption that things are not being done correctly or legally. Wish I could do more, but that's the short answer.

For a longer answer:

I figure a way around this is for AU.com to transfer the items to another S&H company. They should try to sell some of their fixtures to defray the cost.

Anyway, I spoke to some friends about it, and one of them is a tort attorney (the rest just know what the last 2 years have been like). Basically, if I do nothing I'm pretty much taking the safe way out. If I try to intervene, I'm pretty much wearing a target and asking for trouble.

The merchandise is NOT evidence against Ross Rojek. Rojek was indicted for unrelated charges. It won't be preserved.

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Post by Jason R » May 5th 2004, 12:36 pm

Kenny,

I was ready to have the merchandise picked up when I got wind of the email circulating between MSCL.com principals and moderators from several sources. I immediately sought advice of my own.

It is unfortunately much easier and less risky to do nothing.

According to what I heard, MSCL.com thought that my getting involved was a perilous undertaking. Went as far as to say that this could be an entrapment attempt by the FBI. I think it is ludicrous and could probably even get a letter faxed stating that they have no intention to use these lunchboxes and DVDs as evidence. I'd want that to show to any third party picking up this merchandise anyway.

The decision of MSCL.com was to distance themselves from me. Both the principals and the moderators of these forums. If they really felt I was possibly putting myself danger by trying to help, some sort of heads up would have been appreciated. I don't expect them to help in any way, but I am pretty upset that they would be quiet and let me walk into what they perceive as legal danger so that people get their lunchboxes.

That said, all we need to do is make a phone call to get these lunchboxes moved to a fulfillment center and seems pretty lame to give up now. Justin is a good guy and he is trying to help, but it is not his responsibility to jump in. I don't believe it is my responsibility either (even if I did inadvertently hook this deal up with the Hannibal Lecter of online collectible retail).

I don't expect MSCL.com to stand behind me but I don't want to have to be worried thinking about someone or someones from MSCL.com wanting to see me fail in what is certain to be no small undertaking.

edit: typo

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Post by GaryEA » May 5th 2004, 1:25 pm

I'd like to interject here: At no point was I or other moderators brought into a discussion about whether to support Jason and Justin's effort's to assist in thier efforts. It was only until after the site made it's decision was there any discussion between us.

This was a decision by the MSCL.com team, not the moderators, who are essentially guests with additional functions. Moderators have no stake in the legal aspects of the site, and therefore have no impact in the decision.

In the future Jason, I'd like you to consider this when you articulate the who and why in your decisions.

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Post by Jason R » May 5th 2004, 1:32 pm

I was just stating what I was told as best I could given the circumstances.

Still, moderators knew of the decision and if they thought that there was a danger to me, they could have warned me. To whoever did warn me, I am grateful.

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GaryEA
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Post by GaryEA » May 5th 2004, 1:36 pm

No, we did not know of the decision until you said so on the forum. Posts were changed, an entire thread was "deleted" and we were sitting here wondering what had happened.

It was only then did we ask the owners what was going on.

As for any warnings of legal danger, I would think that that is in the domain of your legal counsel, not moderators who are in the dark.

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Post by fnordboy » May 5th 2004, 1:37 pm

Jason R wrote:I was just stating what I was told as best I could given the circumstances.

Still, moderators knew of the decision and if they thought that there was a danger to me, they could have warned me. To whoever did warn me, I am grateful.
Well, your source(s) is wrong then. There was no discussion about that, among the moderators (afaik), until you had already flipped in your decision. If you remember with your poll thread I was on your side to get these items out to the people who need them. Stop trying to put some conspiracy theory out there, it sounds ridiculous.
edit: typo
:lol:

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Post by Jason R » May 5th 2004, 1:43 pm

It was a typo. Anyway, I'm trying to make a federal case of this, which is precisely why I am going back to minding my own business. It's not a conspiracy theory. MSCL.com decided to let me intervene and decided to distance themselves from me if I did.

I did edit the last post to say "expect" instead of "except"

I deleted my posts in the other thread because someone killed the poll and it wasn't me. It just didn't make sense to have the thread without the poll.

This is my last post. Take care all. Justin, you can hand this stuff over to the other company if you want to.

Best
Jason
fnordboy wrote:
Jason R wrote:
edit: typo
:lol:

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GaryEA
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Post by GaryEA » May 5th 2004, 1:47 pm

It was a typo. Anyway, I'm trying to make a federal case of this, which is precisely why I am going back to minding my own business. It's not a conspiracy theory. MSCL.com decided to let me intervene and decided to distance themselves from me if I did.

I did edit the last post to say "expect" instead of "except"

I deleted my posts in the other thread because someone killed the poll and it wasn't me.

This is my last post. Take care all. Justin, you can hand this stuff over to the other company if you want to.
I'm going to put this simply, because you're in self defense mode...

Nobody killed the poll.

The entire thread said that you had edited it, which means you must have done something unknowing to affect the poll.

And who are you kidding? You'll be back, either to continue to help the fans, or at least to pin the blame on someone other than yourself.

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Post by fnordboy » May 5th 2004, 1:49 pm

Jason R wrote:It was a typo. Anyway, I'm trying to make a federal case of this, which is precisely why I am going back to minding my own business. It's not a conspiracy theory. MSCL.com decided to let me intervene and decided to distance themselves from me if I did.

I did edit the last post to say "expect" instead of "except"

I deleted my posts in the other thread because someone killed the poll and it wasn't me.
First of all, it said on the post that it was edited by you, so most likely you killed the poll yourself.

My " :lol: " was at the fact that there was more edited in that post than a typo. If it was up to me your account would have been deleted like you demanded in one of your other "edited" posts.

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Post by Jason R » May 5th 2004, 1:49 pm

Pin the blame for what? For not acting now? No, it is nobody's fault. It's not mine and it's not MSCL.com's fault.

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Post by pgh kenny » May 5th 2004, 1:52 pm

edited - what I had written was based on a misunderstanding
Last edited by pgh kenny on May 5th 2004, 2:01 pm, edited 1 time in total.

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Post by GaryEA » May 5th 2004, 1:54 pm

Pin the blame for what? For not acting now? No, it is nobody's fault. It's not mine and it's not MSCL.com's fault.
I see. You're in spin control mode now.

It's the moderator's fault for not warning you about legal danger, for mysteriously killing your poll when we didn't, for preventing you from helping the fans (Ross' pone number), for noticing when you edit posts after the fact, and for trying to keep you all of this spinning out of control when you're in self-defense mode.
Last edited by GaryEA on May 5th 2004, 1:57 pm, edited 1 time in total.

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