Bitcoin Forum
May 27, 2024, 09:58:26 AM *
News: Latest Bitcoin Core release: 27.0 [Torrent]
 
  Home Help Search Login Register More  
  Show Posts
Pages: « 1 ... 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 [79] 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 »
1561  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: June 01, 2014, 05:24:48 PM
Don't forget AMT and Terrahash, they be representing the USA as well!

Edit: And one of the ORIGINAL scams bASIC!!!!!!!

In one sense bASIC was the best of the bunch. Tom actually refunded everyone.

I guess in a twisted way that's true.  unfortunately I believe it was pretty clear his intentions we're not the purest from the start.  I believe he got EXTREMELY lucky with the timing of all this and the only thing that kept him from legal problems was the 10 fold increase.  I also believe he held a lot of the coins he got, refunded at the best time for him AND made a profit.  By my guess he lied and fucked the community got lucky with the spike, and profited.  That is nothing but a lucky scammer in my book, he cost a lot of people real potential profit and liquidity and used that for himself, he's a lucky snake in my book.
1562  Bitcoin / Mining speculation / Re: BFL Monarch - Delivery Dates on: June 01, 2014, 05:15:36 PM
  The true cherry on the cake is that they didn't learn a thing from chasing bASIC on hashrate output and increased the Monarch's theoretical limit to 1TH without having the prototype to back it up.

LOL ya chasing Unicorn Farts from old Tommy boy, the retards we're actually racing against honest to goodness vapourware!!!
1563  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: June 01, 2014, 04:11:57 AM
Lets see.......BFL (American),Cointerra (American),Hashfast (American).........any others Huh

They all suck !!!!!! Greedy & ignorant is the new American way anymore  Roll Eyes

Good luck to you folks!!!!!   Wink

BTW,I AM an American  Tongue   Cheesy

Don't forget AMT and Terrahash, they be representing the USA as well!

Edit: And one of the ORIGINAL scams bASIC!!!!!!!
1564  Bitcoin / Mining speculation / Re: BFL Monarch - Delivery Dates on: May 30, 2014, 11:13:16 PM
ROFL!  You haven't made a fool of me

You're right turbo, you did that all by your very own self.  You should be proud, the majority of the forum thinks your a mental midget!
1565  Bitcoin / Hardware / Re: public record, case 13LA09619 won against BFL on: May 30, 2014, 02:32:02 AM
Josh/Inaba is gagged by their attorneys

He hasn't posted anything since April yet has logged on less than a week ago.

They probably don't want the hole to get any deeper when they can't control the conversation.



That little pussy is going to sing like a fucking canary when the shit actually hits the fan.  Sonny fucked up by hiring the retard and paid the price while Josh helped dig that big fat hole.  Now Sonny has to keep the useless sack of shit around for fear he will sing like the bitch he is if he's let go.  Either way at some point bitch boy will not be able to keep the big boy pants on and is going to sell old Sonny down the fucking river.  Going to be loads of fun, shits just warming up, be prepared to be shocked and amazed, I predict we aint seen nothing yet!! 
1566  Bitcoin / Hardware / Re: New Official AMT Thread on: May 26, 2014, 11:25:32 AM
It is for that reason alone as to why we have not accepted new orders in the last few months. We're in the process of changing our business model completely, which will only be an immediate delivery option upon receipt of payment.
Excellent. Only once you get a handle on actual production times for stable miners should you even think about doing capacity-induced order delays. Those of course would need to be kept within FTC guidelines and fulfilled as they state.

That includes the need to stop/slow down orders as needed until production capacity can be increased. It is a bitch but has to be done. Our company has turned down 3 large orders so far this year because we are booked into next year.

If they make it to that point they should strongly consider using escrow services at the start.  Their reputation is pretty shot IMO and this would help instil confidence in the consumer.  They should be proving to the customer they have changed and the customer should have the chance to give them a second shot at NO RISK to the customer.  They want a "last chance" they should bloody well earn it and start taking the risk with THEIR money!

I wonder if this new BM has them using existing monies to build miners to ship from stock. IF that's the case then nothing has changed really.  Until they dump a bunch of their own money (or investor money) to clean up the shit pile they're in, make things right for original investomers AND build new stock miners they are still just running the same old model.  IMO they need capital to make the switch, I hope they do make the switch but am very leery to be honest.

Righting a sinking ship is usually a very difficult task.  Based on all we have seen publicly from the company I am not personally convinced they have the ability to right the ship.  They need CAPITAL, hard wok, dedication, smarts and LUCK to pull this one out of the fire.

I hope I am wrong and I wish these guys the best of luck turning this thing around.  But ask yourself this, if you were a venture capitalist would you risk your investment on this company?  If they go outside of FF investments (friends and family) then they are going to go through a due diligence phase and the law suits and liabilities (ie unfulfilled orders or refunds) are going to be a huge red flag.  I personally think a lot of investors would look at them as WAY to high risk and that the rewards could never match the risk level (you can't sell more than 100% of you company...)

Fully capitalized entities go out of business everyday in the USA, even more under cap'd ones go under.  Very few of them turn it around.
1567  Bitcoin / Hardware / Re: New Official AMT Thread on: May 25, 2014, 11:13:38 PM

It is for that reason alone as to why we have not accepted new orders in the last few months.

This is definitely the smartest move (if true) I have seen you guys make publicly.  You have probably saved yourselves more shit than you can imagine by simply doing that.  I assume your council has advised you that in case you lose one, some or all of current and future legal problems that it will be much more believable and easier to ask for leniency because you made a big mistake and once you learned you were making a big mistake you took immediate actions to correct the mistake.  Had you kept taking orders no one would have believed you made a mistake and just "got in over your heads" and you would have lost the ability to plead for leniency based on ignorance.

Little things like this makes the difference (should you lose) between hostile judges/juries and "sympathetic" judges/juries.   Not hard to see which one is better for the defendant if they lose...

It doesn't change what happened and won't get you off the hook for what's done already but it certainly helps minimize the damage and does nothing but give you another option to argue IF you lose cases and need to ask for leniency at some point.
1568  Bitcoin / Hardware / Re: New Official AMT Thread on: May 24, 2014, 10:36:58 PM
<snip>

Here is my issue with this complaint about poor parts.

AMT promised delivery on February.

If the boards were coming out of the manufacturer and testing bad in January, they should have informed customers of the problem and like any legit supplier, refunded anyone who requested.

Now we are here 5 months later,  nothing but bad shipments if any shipment at all.  

The point is this, do not ask people to pre-order if you cannot guarantee that you can deliver.  If you can't deliver then it is your responsibility to refund your customer.  It is like any other product,  if I order 500 barrels of oil to be delivered in February for a price of $100 and you can't do that because of someone bombing your pipeline, then you refund the $100 because you never delivered product.

Has AMT delivered working product?  No.   So we all deserve a refund.  Their manufacturing issues (if even remotely true) is their problem.  No sympathy from me.  They should have purchased insurance prior to embarking in this risky endeavor.  

By and large no disagreement from me there aside from the boards timeline. Even on that someone should have at least said, 'Um folks... Oops...'  Not that anyone probably read it but on AMT's site under News they did mention on Feb.10  that multiple versions of boards may be needed. https://advancedminers.com/pcb-prototype-testing-diagnostics/ Why was that not brought here where folks see it? Roll Eyes

Gotta love the closer on that page:
Quote
Note from the swiss: “Several prototype runs of the boards will be be necessary, along with fine tuning and optimizations (especially on the power supply blocks and cooling) carried out by our team along with the highly specialized engineers in switzerland.” This can be a quick or lengthy process, only time can tell

Especially agree on the pre-order mess. Still baffles me that the practice is allowed at all.... This endeavor as well as those by BFL, HashFast, TerraMiner and others should have been properly financed 100% by their own sources. Not unwitting Investomers.

Funny thing is as consumers you guys HAD ALL the power and you were throwing it away faster than they could collect it...  You guys made the pre-order model the easiest fastest solution for these companies to raise money (and what they raised was liabilities and not capital lol) so most of them used it.  Funny thing is once you guys handed over all the money the power switched form you to them.  We all have seen how they have handled the power you gave them, all cherries and ice cream before they got in your pants but then ignore became SoP once they blew their load.

There is a reason why the real world doesn't use pre-orders the reward simply rarely outweighs the risk.  The companies named above prove this point beyond a doubt.  Why do you think very few if any VC's were willing to take all the risk on NRE of BTC mining ASIC, because they knew the risk was so high that the reward could never come close to making it worth while for them...

The investomers of all of those companies got swindled by snake oil salesmen, the last resort is basically use the law to the best of your ability to bring restitution. Good luck guys I hope you get as much back as you can but it is going to be a LONG haul from here likely.
1569  Bitcoin / Mining speculation / Re: BFL Monarch - Delivery Dates on: May 21, 2014, 02:29:17 AM
So, yapyap, where were they doing all of this mining at?  

BFL mines with customer equipment, and they own EMC, so it's pretty safe to say they are mining at EMC.

BFL has already admitted they mine with customer equipment on the main block chain. BCP's white knighting is getting sad.

“[BFL] earns mining income from their burn testing of machines as well as service fees charged to Eclipse customers,” documents state. This revelation represents some of the worst fears held by skeptics of BFL—that the company is using its own hardware to profit privately before sending miners to people who actually paid for them.

http://arstechnica.com/tech-policy/2014/04/digging-for-answers-the-strong-smell-of-fraud-from-one-bitcoin-miner-maker/2/

http://www.scribd.com/doc/217190032/Butterfly-Labs-Production-of-Requested-Information-December-6-2013

pleaaaaaaaaaaaaaaase, facts schmacts, you can use facts to prove anything that's even remotely true!  But then again BCP loves to ignore facts.
Typical troll FUD... you think I meant what pool when I meant physical location.  You guys are the ones that keep trotting out the "they mine with their gear up until it''s worthless and then ship" and now you have the idiots that are claiming the Monarch is already being used and won't ship until it too is worthless.  What I posted shows that broad statements like that are patently false, as the network didn't hit the speeds needed to make it true until way late in the game.  Over a year ago people were making the same claims, and back then the difficulty hadn't even changed.  Only the truly stupid can believe that a company would be able to physically house (at that time) more equipment than is currently on the network and not affect it.  Even today, let's say they had enough orders to increase the network by a mere 10%, that would be 8,000 Imperial Monarchs.  8,000 x ~550 = ~4.4 megawatts of power usage.  Ask one of the datacenter people what kind of space would be needed for this, what kind of power requirements, what kind of cooling would be needed, etc.  Even Bickfailskis vaunted immersion cooling he keeps trotting out would probably take 4 or 5 of those trailers to accomdate this much power and cooling needs.  It matters not, the stupid people have already shown their faces as I expected they would, that's already an X in the win column.

Typical troll FUD? From BFL's own mouth:
"Butterfly Labs earns mining income from their bum testing of machines"
http://www.scribd.com/doc/217190032/Butterfly-Labs-Production-of-Requested-Information-December-6-2013

They made that statement under oath. They mine with customers machines before they ship them.

BFL could easily be mining with quite a bit of their own stuff. BFL didn't make all of their devices in a batch (like normal companies do), but instead make a few hundred at a time. They mine with those for a bit, then ship them out. Simple, easy, hard to see in the block chain. This is BFL themselves have admitted to. They could run 3-4 weeks of Jalapeno & Single production and nobody would notice. That is less than 1% of the blockchain and well within the error margin.

Only an idiot of epic proportions would believe that BFL first produced 45,000 units and then tried to mine with them all. Which is why BCP19 brought it up I suppose.


The truth of what BFL did through ECM will be exposed. The discovery will prove the extent of the mining they did with the alleged 45,000 units. BCP has no evidence to confirm or deny the what BFL did with the units. He simply parrots Josh and BFL talking points then makes up shit to obfuscate. The reality as posted in the  BFL replies to the claims against them.

Here are the telling points in BFL's argument.


Code:
6. Plaintiffs’ claims are barred because the products in question underwent burn
testing for a minimal amount of time and had not be assigned to a customer order at the time of
the burn testing.

7. Plaintiffs’ claims are barred because untested products are not finished goods and
could not be customers’ equipment.

Let me translate for BCP. It is BFL's contention that the units were not assigned to the customer at the time they were burned in and that burn in was minimal. The evidence I can only suspect will point to the fact that there was a clear pattern of delaying shipments of units in order to keep burn in testing going to earn BTC for BFL as stated by the Plantiff's. Remember that the probation officer actually has complete access to Sonny V's and anyone else's computers and homes etc as a result of the probation directive of the Judge and that Sonny V needs to be forthright in providing information regarding burn in testing etc to help resolve the concerns of the probation officer so that their is no fraud.

Meaning that there is no where the probation officer can't look, and if she does look at Josh's laptop or the ECM logs and finds impropriety, long burn ins and slow delivery then Sonny V goes directly to jail after the next hearing and Josh and Co. will be up on charges of fraud etc. Making BFL a poster boy for Bad Bitcoin might be something the States Attorney may want to pursue.

Bottomline BFL is already in their defense trying to cover it's own ass with slippery speak. The units were not yours yet so you can't claim the burn in fees collected. I wonder why they would do that? Would it be because they have millions of burn in BTC? Could that be the reason to protect that funds? I suspect they have hidden things quite well given that the IRS would have to be kept in the dark considering their financial statements / tax returns show loss according to court documents. At some point soon BFL is either going to get caught by the courts or by the IRS. The speculation will end in short order and when the dust clears I don't see how Sonny V or BFL are going to be doing business given the millions contested.

I got BFL'd the other day at McD's, ordered a fucking Big Mac but when I opened the box it had a bite out of it.  When I asked the manager WTF was going on he claimed they had to "test" my Big Mac (I mean they have to make sure it won't kill me instantly) and since I hadn't received that particular Big Mac yet it obviously wasn't mine oh and also to kindly go fuck myself for being a whiny bastard.
1570  Bitcoin / Mining speculation / Re: BFL Monarch - Delivery Dates on: May 19, 2014, 05:10:10 PM
Even today, let's say they had enough orders to increase the network by a mere 10%, that would be 8,000 Imperial Monarchs.  8,000 x ~550 = ~4.4 megawatts of power usage.  Ask one of the datacenter people what kind of space would be needed for this, what kind of power requirements, what kind of cooling would be needed, etc.

Nice strawman! No one ever claimed they built 8000 units and started mining with them all at once. The truth is, BFL takes pre-order funds, builds miners, then mines for profit with those customer machines. How many at a time? No one knows. But the fact that they do it is not under dispute. They stated such in court records.

Again made up maths to try to prove a point no one was making, SOP for BCP and BFL.  Funny how made up shit makes his point seem stronger. 

I personally would have called it another pathetic strawman attempt but meh you're obviously entitled to your own opinion  Wink

Hey BCP reality is quite a nice place to live, you should come visit us here sometime, you might like it after the shock of your delusion wears off.
1571  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: May 19, 2014, 04:40:35 AM
... Sure, they could still do the impossible to prove their good faith, but I doubt that at this point. I did everything possible and it amounted to exactly nothing.
well good luck to you on proving that, i have been in the manufacturing business... and this happens all to much, i mean look at all the other companies, isn't the only ones that actually got their machines out fully developed by them? not hiring another company to do it? isn't that why BFL says they have failed to?
No intend required. Gross negligence is enough. The reason is simple: you cannot comprehensively prove intend (unless you have a confession), but you can evaluate conduct.

If you bet the farm on a contract with a supplier you are responsible to the people who you made representations to. If you would allow gross negligence to be treated differently than fraud, then you could intentionally (under the pretense of incompetence) destroy businesses and not be liable to your creditors.

To let gross negligence of the kind of HashFast go unpunished is a moral hazard this industry doesn't need.

right, but it happens over and over and etc...look at BFL, did they get into trouble? nope and pretty much any other asic company does the same thing and nothing ever happens to them except they get rich n we get poor Sad no i don't have a stake in this company, just watching this clusterfuck and i feel bad for HF customers...good luck guys Smiley

Dude, in terms of time frame, the BF Labs legal saga is in the bottom of the first inning.  BF Labs legal shit storm is just warming up, it's going to take a while but they are most likely TRUELY fucked.  It's probably going to real ugly and a lot of lawyers are going to get new cars and swimming pools but BF Labs played a dangerous game to long, all there is to do now is sit back and laugh as the implosion unfolds. 
1572  Bitcoin / Mining speculation / Re: BFL Monarch - Delivery Dates on: May 19, 2014, 04:33:31 AM
So, yapyap, where were they doing all of this mining at?  

BFL mines with customer equipment, and they own EMC, so it's pretty safe to say they are mining at EMC.

BFL has already admitted they mine with customer equipment on the main block chain. BCP's white knighting is getting sad.

“[BFL] earns mining income from their burn testing of machines as well as service fees charged to Eclipse customers,” documents state. This revelation represents some of the worst fears held by skeptics of BFL—that the company is using its own hardware to profit privately before sending miners to people who actually paid for them.

http://arstechnica.com/tech-policy/2014/04/digging-for-answers-the-strong-smell-of-fraud-from-one-bitcoin-miner-maker/2/

http://www.scribd.com/doc/217190032/Butterfly-Labs-Production-of-Requested-Information-December-6-2013

pleaaaaaaaaaaaaaaase, facts schmacts, you can use facts to prove anything that's even remotely true!  But then again BCP loves to ignore facts.
1573  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: May 17, 2014, 05:52:16 PM
Apart from the fact that I'm not part of any petition, but that I do recognise it as the only true possibility against a company that would have otherwise kept ignoring us for another few months (just the time required to file for a voluntary bankruptcy), I can't stop wondering how you learned the set of skills you use to throw bullshit around at the ratio and efficiency that your job requires. Maybe it's an innate talent. Congratulations.
i've dealt with alot of douchebags in my life, im good at cornering them in arguments.  It's more of a labor of love, since im not getting anything out of this other than proving you wrong.

if you aren't part of the petition, i can see now why you don't understand. but why defend it so vehemently? because hashcrap is being a huge bag of dung?

You must be having a bad few days or your real life skills don't translate digitally very well because you've pretty much shown the exact opposite in your short time here.

interesting, in all your time here, what have you shown? please, build yourself up.

No need for me to do that, I am not the one making false claims about their abilities.
Abilities? false claims?
"the petition was the only option" "hashfast stole money" "armyof1ne has no idea what hashfast is" "titties are not the greatest thing in the world"

Those are false statements... To what are you referring?

I guess having an actual functioning brain is now considered "abilities"... Good job napoleon.

I guess reading comprehension is an ability you're not to good at either.  Ok trolly I'll break it down for you AGAIN since you missed it the first time.

You claim to have the ability to corner douche bags in an argument and claim your "good" at it.   As I mentioned before you have clearly shown that you actually do not have the ABILITY to do such and are certainly not good at it.  That constitutes making false claims about your ability.  I even bolded it for you in the original post to try to help you with you're lack of reading comprehension skills.  Sadly I guess my ability to get douche bags to understand basic English sentences is not as good as I had hoped.

Is it a little easier to understand having it explained a second time Trolly?

you obviously lack the ability to read as well, at least cedivad undestands that, maybe you should go read back a few... hundred posts? ill let you catch up

Yawn...

Keep showing your lack of intelligence and your ignorance.  Myself and others are enjoying laughing at you.

I've explained it twice to you and STILL you don't seem to understand, oh well, stupid trolls gonna troll stupidly.
1574  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: May 17, 2014, 11:30:39 AM
Apart from the fact that I'm not part of any petition, but that I do recognise it as the only true possibility against a company that would have otherwise kept ignoring us for another few months (just the time required to file for a voluntary bankruptcy), I can't stop wondering how you learned the set of skills you use to throw bullshit around at the ratio and efficiency that your job requires. Maybe it's an innate talent. Congratulations.
i've dealt with alot of douchebags in my life, im good at cornering them in arguments.  It's more of a labor of love, since im not getting anything out of this other than proving you wrong.

if you aren't part of the petition, i can see now why you don't understand. but why defend it so vehemently? because hashcrap is being a huge bag of dung?

You must be having a bad few days or your real life skills don't translate digitally very well because you've pretty much shown the exact opposite in your short time here.

interesting, in all your time here, what have you shown? please, build yourself up.

No need for me to do that, I am not the one making false claims about their abilities.
Abilities? false claims?
"the petition was the only option" "hashfast stole money" "armyof1ne has no idea what hashfast is" "titties are not the greatest thing in the world"

Those are false statements... To what are you referring?

I guess having an actual functioning brain is now considered "abilities"... Good job napoleon.

I guess reading comprehension is an ability you're not to good at either.  Ok trolly I'll break it down for you AGAIN since you missed it the first time.

You claim to have the ability to corner douche bags in an argument and claim your "good" at it.   As I mentioned before you have clearly shown that you actually do not have the ABILITY to do such and are certainly not good at it.  That constitutes making false claims about your ability.  I even bolded it for you in the original post to try to help you with you're lack of reading comprehension skills.  Sadly I guess my ability to get douche bags to understand basic English sentences is not as good as I had hoped.

Is it a little easier to understand having it explained a second time Trolly?
1575  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: May 17, 2014, 03:45:13 AM
Apart from the fact that I'm not part of any petition, but that I do recognise it as the only true possibility against a company that would have otherwise kept ignoring us for another few months (just the time required to file for a voluntary bankruptcy), I can't stop wondering how you learned the set of skills you use to throw bullshit around at the ratio and efficiency that your job requires. Maybe it's an innate talent. Congratulations.
i've dealt with alot of douchebags in my life, im good at cornering them in arguments.  It's more of a labor of love, since im not getting anything out of this other than proving you wrong.

if you aren't part of the petition, i can see now why you don't understand. but why defend it so vehemently? because hashcrap is being a huge bag of dung?

You must be having a bad few days or your real life skills don't translate digitally very well because you've pretty much shown the exact opposite in your short time here.

interesting, in all your time here, what have you shown? please, build yourself up.

No need for me to do that, I am not the one making false claims about their abilities.
1576  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: May 17, 2014, 03:12:03 AM
Apart from the fact that I'm not part of any petition, but that I do recognise it as the only true possibility against a company that would have otherwise kept ignoring us for another few months (just the time required to file for a voluntary bankruptcy), I can't stop wondering how you learned the set of skills you use to throw bullshit around at the ratio and efficiency that your job requires. Maybe it's an innate talent. Congratulations.
i've dealt with alot of douchebags in my life, im good at cornering them in arguments.  It's more of a labor of love, since im not getting anything out of this other than proving you wrong.

if you aren't part of the petition, i can see now why you don't understand. but why defend it so vehemently? because hashcrap is being a huge bag of dung?

You must be having a bad few days or your real life skills don't translate digitally very well because you've pretty much shown the exact opposite in your short time here.
1577  Bitcoin / Hardware / Re: HashFast announces specs for new ASIC: 400GH/s on: May 16, 2014, 01:56:28 AM
i mean if you know anything about eduardo
Yes, there is one thing I know about eduardo. His name is not eduardo.

they will continue to probably screw everyone and the petition opened that door wide.
Please, enlighten us.
I already have, the blind cannot see.
Liars gonna lie.
Sure, but what is the lie?

And btw, @armyof1ne, if you really think that a LLC is gonna protect their persons against personal liabilities, you should change lawyer.
and this is why humanity in general is failing, they refuse to look into things and actually understand, please do your research...

You should definitely do some research bro.  Here's a little light reading for you.  Take a look at the bold its only one of the many reasons HF principals could be fucked.  This entire forum has no idea how the REAL business world works.  The very act of using CUSTOMER pre-order money for product development and general overhead expenses (salary, rent etc etc) will allow a lawyer to easily prove the LLC was under cap'd.  That will pierce the corporate veil and could very easily leave the principals on the hook personally.

United States[edit]
See also: US corporate law
In the United States, corporate veil piercing is the most litigated issue in corporate law.[24] Although courts are reluctant to hold an active shareholder liable for actions that are legally the responsibility of the corporation, even if the corporation has a single shareholder, they will often do so if the corporation was markedly noncompliant, or if holding only the corporation liable would be singularly unfair to the plaintiff. In most jurisdictions, no bright-line rule exists and the ruling is based on common law precedents. In the United States, different theories, most important "alter ego" or "instrumentality rule", attempted to create a piercing standard. Mostly, they rest upon three basic prongs—namely "unity of interest and ownership", "wrongful conduct" and "proximate cause". However, the theories failed to articulate a real-world approach which courts could directly apply to their cases. Thus, courts struggle with the proof of each prong and rather analyze all given factors. This is known as "totality of circumstances".[25]

There is also the matter of what jurisdiction the corporation is incorporated in if the corporation is authorized to do business in more than one state. All corporations have one specific state (their "home" state) to which they are incorporated as a "domestic" corporation, and if they operate in other states, they would apply for authority to do business in those other states as a "foreign" corporation. In determining whether or not the corporate veil may be pierced, the courts are required to use the laws of the corporation's home state. This issue can be significant, for example, the rules for allowing a corporate veil to be pierced are much more liberal in California than they are in Nevada, thus, the owner(s) of a corporation operating in California would be subject to different potential for the corporation's veil to be pierced if the corporation was to be sued, depending on whether the corporation was a California domestic corporation or was a Nevada foreign corporation operating in California.

Generally, the plaintiff has to prove that the incorporation was merely a formality and that the corporation neglected corporate formalities and protocols, such as voting to approve major corporate actions in the context of a duly authorized corporate meeting. This is quite often the case when a corporation facing legal liability transfers its assets and business to another corporation with the same management and shareholders. It also happens with single person corporations that are managed in a haphazard manner. As such, the veil can be pierced in both civil cases and where regulatory proceedings are taken against a shell corporation.

Factors for courts to consider[edit]
Absence or inaccuracy of corporate records;
Concealment or misrepresentation of members;
Failure to maintain arm's length relationships with related entities;
Failure to observe corporate formalities in terms of behavior and documentation;
Failure to pay dividends;
Intermingling of assets of the corporation and of the shareholder;
Manipulation of assets or liabilities to concentrate the assets or liabilities;
Non-functioning corporate officers and/or directors;
Significant undercapitalization of the business entity (capitalization requirements vary based on industry, location, and specific company circumstances);
Siphoning of corporate funds by the dominant shareholder(s);
Treatment by an individual of the assets of corporation as his/her own;
Was the corporation being used as a "façade" for dominant shareholder(s) personal dealings; alter ego theory;
It is important to note that not all of these factors need to be met in order for the court to pierce the corporate veil. Further, some courts might find that one factor is so compelling in a particular case that it will find the shareholders personally liable.

Here's another interesting piece,
A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham", a "fraud" or some other phrase,[1] and would still allow the old company to sue the man for breach of contract. A court would look beyond the legal fiction to the reality of the situation.

Come on people when are you all going to learn to understand the real business world.  A company simply cannot take millions of dollars of customer money, fail to develop a product and go bankrupt and tell the customers sorry we tried but to bad...  Even if it was all honest mistakes, that isn't how it works, if they don't pay everyone back the lawyers will pierce the corporate veil and go after these clowns.  An LLC isn't an instant "I WIN" button for the share holders.
1578  Bitcoin / Hardware / Re: New Official AMT Thread on: May 13, 2014, 12:48:04 AM
i know nothing of the ftc i am a uk citizen alls i know is if i click the terms and conditions not tos (terms of service) i am agreeing to the whole thing as is wether it succeeds any other laws/statutes as its the 'new binding agreement' like a pay day loan that gets you to tick a box or your bank with its un lawful charges. its all fine untill after someone says its not.

By your logic prostitution is legal.
 A man with $40 really needs a blow job, he meets a lady that really needs $40, they enter into an unwritten contract for services.  I guess everyone ever charged with prostitution forgot to mention the defence of "but they signed our terms and conditions"...

I actually believe that the plaintiffs lawyers will be extremely happy if they defence uses that strategy as it does nothing but help make the plaintiffs case.

Come on bro, you can't just write a bunch of shit on your website and then tell the FEDERAL TRADE COMMISSION to fuck off, well you can but it likely won't end well for the company...

prostitution is legal correct. it is the act of purchasing the sex that is illigal. soliciting i believe its called. that is why prostitutes rarley get fined or imprisoned unless they find some other reason to. they always arrest the guy.

My apologies for using the generic word prostitution instead of solicitation, you're arguing semantics now.  Point is why doesn't the prostitute simply provide a terms and condition if it so easy to write one that contravenes local, state or federal laws and regulations.  That way the John doesn't get charged and they are both completely legal because they wrote some bullshit T's & C's

I bet the fellows at AMT also believed like you do, but a harsh reality is probably about to set in.  Argue all you want but you can not "pencil whip" the FTC out of the equation.  In fact one of the reasons the FTC exists is so companies don't prey on the consumer with this bullshit.
1579  Economy / Scam Accusations / Re: AMT users thread. on: May 12, 2014, 01:33:02 AM
I hope we just get refunds and some.

I'd guess not likely.

If it goes to trial maybe, but then it depends on how much they can get out of them. That could include liquidating all assets as well as those of the AMTs principal owners if charges of fraud and found to be legit.

Then the lawyers get their cut, which will be hefty because they are working on contingency. Then it will be divided between everyone in the class who signs up and says they agree to the settlement or awarded damages.

You do have the ability to sue them independently if you don't agree with any settlement or award reached from the class action.



I tend to agree here.  We likely are not going to be made whole at all.

However, I'm going to tell you this based on my experience interacting with AMT.   I doubt you'll get anything at all from AMT interacting with them individually.

I tried to make a deal with them about just getting 50 chips.  I couldn't even swing that deal!

Unfortunately everyone not being made whole is a pretty good possibility.  ALL the lawyers are going to make the bank on this one sorry guys.

Look at this from a business PoV and what is likely at this point (all of this is my opinion)
1) They under capitalized the start up (BIG fucking no no in the real world, it makes piercing the corporate veil easier and incidentally one of the leading reasons why the corporate veil is pierced).
2) They spent a lot (or most) of the customer money on overhead, design/manufacture and inventory (another BIG fucking no no)
3) As a result of 1 & 2 they don't have money left for refunds without killing themselves
4) Legal problems that have potentially just begun, believe it or not the class action getting certified may just be the least of their legal troubles in the coming months and years.
5) NO NEW REVENUE AND BILLS PROBABLY PILING UP FAST. (I hope the owners aren't drawing a salary and I hope even more it's not a big fat one...)

Doesn't take a genius to see where this sorry sack of shit company is going.
1580  Bitcoin / Hardware / Re: New Official AMT Thread on: May 12, 2014, 01:10:35 AM
i know nothing of the ftc i am a uk citizen alls i know is if i click the terms and conditions not tos (terms of service) i am agreeing to the whole thing as is wether it succeeds any other laws/statutes as its the 'new binding agreement' like a pay day loan that gets you to tick a box or your bank with its un lawful charges. its all fine untill after someone says its not.

By your logic prostitution is legal.  A man with $40 really needs a blow job, he meets a lady that really needs $40, they enter into an unwritten contract for services.  I guess everyone ever charged with prostitution forgot to mention the defence of "but they signed our terms and conditions"...

I actually believe that the plaintiffs lawyers will be extremely happy if they defence uses that strategy as it does nothing but help make the plaintiffs case.

Come on bro, you can't just write a bunch of shit on your website and then tell the FEDERAL TRADE COMMISSION to fuck off, well you can but it likely won't end well for the company...
Pages: « 1 ... 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 [79] 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 »
Powered by MySQL Powered by PHP Powered by SMF 1.1.19 | SMF © 2006-2009, Simple Machines Valid XHTML 1.0! Valid CSS!