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Don't want to ruin all the fun we've been having lately, BUT
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Rasta Monsta  



Joined: 12 Jul 2006
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PostPosted: Tue Sep 23, 2008 12:30 pm    Post subject: Reply with quote

Wow, that even scared Count Floyd!


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tuurbo  



Joined: 08 Aug 2007
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Location: East Windsor, New Jersey

PostPosted: Tue Sep 23, 2008 1:36 pm    Post subject: Reply with quote

Like, y'all fked up my rhoid joke.
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Rasta Monsta  



Joined: 12 Jul 2006
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Location: PacNW

PostPosted: Tue Sep 23, 2008 1:52 pm    Post subject: Reply with quote

Nibbleroids, I get it!
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skytrooper  



Joined: 29 Aug 2007
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Location: Canandaigua, NY

PostPosted: Tue Sep 23, 2008 2:07 pm    Post subject: Reply with quote

Alright...enough !

you 2 can badger, and flail yourselves against the wall trying to prove who is right and who is wrong in this epic battle...but you seem to have forgotten that that this was a warning that somebody ...most likely... wasn't whom they seemed to be.

I appreciate the "heads-up" to a scammer, but we are sinking to a whole level of in-fighting that probably makes him very happy.

Personaly I think this thread has run it's course, and we are not furthering the cause of the 924, nor serving it anymore with this thread.

As a 30 year military veteran (still serving, thank you). I have seen this kind of stuuf too many times. What good will come out of this pissing contest ? Believe me when I say, being fired upon by someone who wants you dead, changes your perspective...a lot ! This whole Rasta vs Ideola thing has swayed us from the original topic...which was a warning that peaceful924 could...and probably is the scammer know as Mark Johnson.

Rasta & Ideola...I respect and have sought both of your advice since I have been here...and you both are steadfast 924 afficsionados (I know...spelling....LOL). I trust we can end this BS and the law debate...and move in a forward direction from here.


Whaddya say guys ?
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tuurbo  



Joined: 08 Aug 2007
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PostPosted: Tue Sep 23, 2008 2:08 pm    Post subject: Reply with quote

Skytrooper - Law debate or groinal 'flaying'?
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ideola  



Joined: 01 Oct 2004
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Location: Spring Lake MI

PostPosted: Tue Sep 23, 2008 10:41 pm    Post subject: Reply with quote

Let's start with the matter of Ideola vs Rasta Monsta. I made it very clear yesterday that I am sick and tired of the constant haranguing and snyde comments and I'm-smarter-than-you-cuz-I-practice-law attitude. I would love nothing more than to stay on topic instead being dragged into pointless bickering about stuff that is frankly not conducive to the end goal. That goal is simple: keep the community vigilant against would-be scammers.

There have been roughly 500 new members since we first went public regarding Mr. Johnston. It's noteworthy that all of the members identified in this latest episode have been forum members less than 18 months. James himself even made recent note of all the new members. We all agreed months ago that there was no need to institute different rules for selling & buying here. We all agreed that the current system of vigilance and community camaraderie was the best approach to keeping scammers at bay. I'm doing my part, and I don't appreciate being constantly targeted and castigated by James for reasons that remain a mystery to everybody but him. And for the record, I DID contact Vaughan and Peter before I started this thread. I discussed the situation with both of them, and obtained their permission before I posted.

Furthermore, I am highly offended by the personal attacks. Comparing me to an incarcerated person, accusing me of narcissism, and the countless other subtle digs and blatant provocations is completely uncalled for. I have attempted multiple times in the past to extend the olive branch to James. I have sent PMs, exchanged emails, and I even took the initiative to call James and discuss more amiable discourse between the two of us. I have never singled him out, or provoked a confrontation with him in ANY of my posts.

However, I am guilty of retaliating for what I view as unfair treatment and disingenuous, self righteous "opining" about my tactics and approaches regarding Mr. Johnston, and even other 924-related posts. I truly don't understand what I've done to piss off James, I've never met him in person, and I cannot account for the personal attacks. I can't promise I won't retaliate in the future, but I will do my best to take the high road in the future and ignore the behavior should it continue. Like everyone else here, I am human, and sometimes my emotions get the better of me. This is my way of apologizing to the community for the bickering. I hope it ends here.




Deep breath.




Having said all of that, I feel it is important to make a couple of things totally clear regarding this issue of whether Identity Theft was perpetrated in this latest round of activity. Contrary to James' insinuations, I am not speaking completely off the top of my head regarding these matters. I won't get into a discussion of my professional background or expertise on matters of identity and privacy, because it will never compare to a practicing attorney, and because it will only appear as more self-serving narcissism. But rest assured, I have spoken to the prosecutor in our case against Mr. Johnston. Here are some key takeaways:

A. The elements of IDENTITY THEFT (as defined in the State of Michigan) aren't satisfied because only a first name and a city were used. There was no personally identifiable information used beyond a first name and a city. To illustrate, every single one of us here is using a pseudonym (some more obfuscated than others), and many of us here are using some convention to obfuscate where we actually live. Simply using a fictitious name and location does NOT constitute identity theft under ANY definition. Somebody brought up the issue of a fictitious address and business name; the address was not fictitious, it is Mr. Johnston's current address, and for all we know, the business name ("Vintage Performance") is a legit DBA (it's no big deal for someone to set up a "doing business as", or DBA, in Michigan). To summarize, there are OTHER ELEMENTS required in order for Identity Theft to come into play.

B. Two of the "other elements" defined in the statute are contained in the simple phrase "intent to defraud". According to the prosecuter, there has to be sufficient evidence of INTENT before they will consider filing charges; and there also has to be sufficient evidence that FRAUD actually occurred. Under Michigan statutes, neither of those elements are satisfied in this particular episode. To be specific, the only transactions we've been able to identify related to the pseudonym of Peaceful924 (a.k.a "Carl") were 1) the purchase of Mr. Dude's wrecked 931; 2) the trade of Rob the Plumber's jeep for a blue 931; 3) the sale of two WURs to Grenadiers; and 4) the attempted sale of other 931 parts to gegge and gravel, both of whom live in a European country. #1 and #2 apparently went off without too much of an issue (I have the complete PM transcript between Peaceful & Mr. Dude). #3 there IS an outstanding issue, which I will address below. #4 were never consummated due to warnings posted on this board. In none of those transaction is there any evidence of INTENT or nor is there any evidence that FRAUD was committed. Therefore, by definition, there can be NO identity theft. Mind you, EVIDENCE is a key concept in this whole discussion: we may all have our suspicions regarding the motives and intent of Peaceful924, but suspicions and opinions from a bunch of pseudonymous internet forum users hardly constitutes evidence.

C. Regarding the WURs sold to Grenadiers, apparently, one of the items, valued at ~$50 was never shipped, and Grenadiers is still attempting to get resolution. Now, to you and I, the average lay person, that might sound like FRAUD, and it might sound like INTENT to commit fraud. Unfortunately, it doesn't pass the test in the State of Michigan. According to the prosecutors I spoke with, the outstanding issue between Grenadiers and Peaceful924 is what is referred to as "failure to perform" in a business transaction (or something along those lines). The point being, "failure to perform" (cue tuurbo for a crude joke) is classified as a CIVIL dispute, and is NOT considered FRAUD. Taken together, points A, B & C, as I stated yesterday, THERE IS NO IDENTITY THEFT in this instance, no matter what the laws happen to be in Oregon or any other jurisdiction.

D. The final point on this matter of identity theft: in the State of Michigan, it is the VICTIM who must file a criminal complaint. I spoke directly (over the phone) with Carl of Algonac on Thursday 18 Sep 2008 about what Peaceful924 was doing. So far, I have been unable to convince Carl to file a complaint. The sad fact is, if Carl doesn't file a complaint, EVEN IF Peaceful924 committed identity theft (which I am convinced, by definition of the law, he did not), it wouldn't matter. Carl is the ONLY person that can file that complaint. At this point, he has chosen to stay out of it. In any event, our efforts continue on the existing pending actions against Mr. Johnston, and this latest episode, whether it is deemed criminal by the State of Michigan or not, certainly doesn't harm our case.

As always, I welcome constructive feedback. I am more than happy to exchange PMs, email addresses and phone numbers with anyone here. I am not going to be deterred by James or anyone else who chooses to sit on the sidelines and take potshots. Participation in any thread in this forum is strictly voluntary, so to anyone who professes to be tired of hearing about Mr. Johnston, DON'T READ THE THREADS. In the meantime, I'm going to continue my efforts until Mr. Johnston settles his obligations with me and others listed in the complaints we have filed, or until he is dealt with by law enforcement. If I see evidence of his activity here and elsewhere, I will expose him.
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Rasta Monsta  



Joined: 12 Jul 2006
Posts: 11732
Location: PacNW

PostPosted: Wed Sep 24, 2008 1:04 am    Post subject: Reply with quote

ideola wrote:
D. The final point on this matter of identity theft: in the State of Michigan, it is the VICTIM who must file a criminal complaint.


By the way, and in the interest of further developing your 'expertise,' you are incorrect about this as well. The Michigan legislature recently expanded the Identity Theft Protection Act to allow prosecution when a decedent's identifying information is used to facilitate criminal activity. . .and obviously a dead person cannot file a complaint. Expect this act to be expanded further in the furture.

And just to reiterate, my original post about Oregon law, while not relevant to MJ, was in response to a question from another poster, "Wouldn't this be ID Theft?" My response was, "It would be in Oregon," which is clearly the case, due to the breadth of the ID Theft statute here.

And finally, we all have our flaws. I don't despise Dan. He is generous and helpful. If we were in the same room, we would be polite to each other. . .probably. He would at least see I am huge and ugly, and abandon thoughts of kicking my ass.

On the other hand, I also find him to be a pompous know it all at times, and few things bug me more. . .I will call people out for this if nobody else does. You see, Dan and I have something in common. We are usually the smartest guys in the room. . .I usually try not to rub it in others' faces, but sometimes fail (see above).

On the plus side, you weirdos keep reading this scheiBe.



Enjoy!
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Last edited by Rasta Monsta on Wed Sep 24, 2008 1:21 am; edited 1 time in total
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Chrenan  



Joined: 15 Jan 2003
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Location: Canada

PostPosted: Wed Sep 24, 2008 1:11 am    Post subject: Reply with quote

Rasta Monsta wrote:
ideola wrote:
D. The final point on this matter of identity theft: in the State of Michigan, it is the VICTIM who must file a criminal complaint.


By the way, you are incorrect about this as well. The Michigan legislature recently expanded the Identity Theft Protection Act to allow prosecution when a dead person's information is used to facilitate criminal activity. . .and obviously a dead person cannot file a complaint.


I've had some experience with this as well in my career. "Tombstoning" is becoming one of the most popular forms of identity theft, when a crook steals the identity of a deceased individual. It typically involves a deceased child who had only a social insurance number and birth certificate, but no other "history" that may raise red flags or cause the crook to be tripped up.
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ideola  



Joined: 01 Oct 2004
Posts: 15550
Location: Spring Lake MI

PostPosted: Wed Sep 24, 2008 1:38 am    Post subject: Reply with quote

OK, so point of clarification: according to the prosecutors here, since I wasn't victimized by this particular act, I as a third party cannot file a complaint. Furthermore, I never said that the only person who was a victim was the person whose identity was stolen. To be clear, the victim of identity theft could also be someone who was harmed as a result of someone perpetrating fraud while using a stolen identity. In our example at hand, that could be one of the five forum members identified above (although as I asserted, it is arguable in any of those cases that FRAUD was perpetrated or intended). Point being, I can't file the complaint because I wasn't victimized in this last episode. If Carl or Grenadiers want to come forward, that's a different story, and I've offered to assist them by coordinating their efforts with our ongoing action on behalf of all of the previous victims.

Bottom line, the prosecutors here aren't going to file a criminal charge of ID theft just because I (or any other citizen off the street) allege that it happened. They won't even investigate unless an actual VICTIM makes the allegation AND files a complaint. That means that unless Carl of Algonac or Grenadiers decides to file a complaint, there will be no charges. And as I've pointed out, it is in serious doubt the elements required for Id Theft even exist in this particular instance.

Trust me, I'm not defending the actions of Peaceful924. I'd love nothing more than to pile even more allegations onto our list. Believe me, if it were as simple as marching down to the local PD and filing a complaint, do you think I would be even bothering with any of this?

Some people here seem to be under the impression that I haven't even bothered to exhaust all available options in pursuit of nailing this guy down. So far, I have filed complaints with the FBI, the State of Michigan, Oakland County, Wayne County, and Waterford Township. Now that the perp has moved again, I'll be paying a visit to Commerce Township to let them know about the wonderful new citizen they've just welcomed into their community.

Because of due process and the rule of law, it is NOT easy to bring charges against people (as it should be), especially when the details are murky, allegations are made by people hiding behind pseudonymous internet IDs, and victims are reluctant to come forward or get involved. We've had some success in many of these areas, which is why the case is still moving forward. But it's not easy. It's not simple. It's not like I can just call up David Gorcyca and tell him to go after this guy. Believe me, I tried.

So in the meantime, Johnston is still on the loose, he's still concocting the same old schemes, and he's still targeting the same community. I'll be buggered if I'm going to stand by and just watch it happen. Because I'm in physical proximity to this guy, I'm one of the few people on this forum in a position to do something about it. That includes coordinating and filing local charges (something that is VERY difficult if not impossible to do for preponderance of the victims who are outside of MI), that includes investigating local addresses known to be used by the perp (as in this last episode), and it includes leveraging the power of the internet to reach out through PM and email to collaborate with other members who might have been in touch with or targeted by the perp, which is how we were successful in exposing this last attempt with a minimum of victims.
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ideola  



Joined: 01 Oct 2004
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PostPosted: Wed Sep 24, 2008 1:54 am    Post subject: Reply with quote

Rasta Monsta wrote:
I don't despise Dan. He is generous and helpful. If we were in the same room, we would be polite to each other. . .probably. He would at least see I am huge and ugly, and abandon thoughts of kicking my ass.
Finally, some grace and tact. That's all I'm asking for. Thanks for the kind words.

Rasta Monsta wrote:
On the other hand, I also find him to be a pompous know it all at times, and few things bug me more. . .I will call people out for this if nobody else does. You see, Dan and I have something in common. We are usually the smartest guys in the room. . .I usually try not to rub it in others' faces, but sometimes fail (see above).
Not the first time I've been called a know it all, and won't be the last... sorry to come across that way, and I don't mean to rub it anyone's face. Part of our issue is probably that we're alike in more ways than we care to admit.

Anyway. On with the show.
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ideola  



Joined: 01 Oct 2004
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PostPosted: Wed Sep 24, 2008 2:14 am    Post subject: Reply with quote

For the record (bold emphasis is mine):
Michigan's IDENTITY THEFT PROTECTION ACT wrote:
445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.

Sec. 5.

(1) A person shall not do any of the following:

(a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following:

(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.

(ii) Commit another unlawful act.

(b) By concealing, withholding, or misrepresenting the person's identity, use or attempt to use the personal identifying information of another person to do either of the following:

(i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.

(ii) Commit another unlawful act.

(2) A person who violates subsection (1)(b)(i) may assert 1 or more of the following as a defense in a civil action or as an affirmative defense in a criminal prosecution, and has the burden of proof on that defense by a preponderance of the evidence:

(a) That the person gave a bona fide gift for or for the benefit or control of, or use or consumption by, the person whose personal identifying information was used.

(b) That the person acted in otherwise lawful pursuit or enforcement of a person's legal rights, including an investigation of a crime or an audit, collection, investigation, or transfer of a debt, child or spousal support obligation, tax liability, claim, receivable, account, or interest in a receivable or account.

(c) That the action taken was authorized or required by state or federal law, rule, regulation, or court order or rule.

(d) That the person acted with the consent of the person whose personal identifying information was used, unless the person giving consent knows that the information will be used to commit an unlawful act.


Compare to the excerpt that James posted ealier:
Oregon's law wrote:
165.800 Identity theft. (1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.

Any defense lawyer worth his salt would build a case around reasonable doubt as to intent. Both laws are predicated on intent. Can't prove intent? No ID Theft.
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PORSCHEV  



Joined: 02 Nov 2002
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PostPosted: Wed Sep 24, 2008 2:44 am    Post subject: Reply with quote

I can read about 2 paragraphs...then my mind wanders and all I hear is blah blah blah.
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ideola  



Joined: 01 Oct 2004
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PostPosted: Wed Sep 24, 2008 2:48 am    Post subject: Reply with quote

PORSCHEV wrote:
I can read about 2 paragraphs...then my mind wanders and all I hear is blah blah blah.

hahah

Reader's Digest version
- Our favorite nemesis is up to his old tricks
- Fortunately, it appears the scamming was contained to a minimum this time 'round
- Ideola and Rasta engage in a spirited discourse on the finer points of identity theft
- 924board rules!
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5150  



Joined: 04 Dec 2002
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PostPosted: Wed Sep 24, 2008 2:58 am    Post subject: Reply with quote

I read the initial post, thought "ohh feck! Here we go..." and skipped to the last comment.... And then I went back to the Timstar post and lost bladder control again today.
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Nobbi  



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PostPosted: Wed Sep 24, 2008 5:59 am    Post subject: Reply with quote

Worum zum Teufel gehts hier eigentlich....?
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