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1  Bitcoin / Hardware / public record, case 13LA09619 won against BFL on: January 01, 2014, 03:21:47 AM
Saw this on reddit: http://www.reddit.com/r/Bitcoin/comments/1u4v0o/i_sued_bfl_in_kansas_jurisdiction_and_won/

I sued BFL and won. Since I live in California, I had to hire an attorney in Johnson County KS. I won by default with damages and atty fees awarded, as BFL failed to show at trial.
My case is a matter of public record, case 13LA09619
BFL has now failed to respond to their loss of the suit and we are looking for ways to collect via lien, direct bank account deduction, etc. In addition we will be shortly expanding a second lawsuit based upon the proof of fraud whereby our bitcoins will be returned to us via a court procedure known as 'recession' [where the court orders that you are returned to the same position today that existed before the fraud occurred] and will seek to secure our bitcoins by way of a replevin order.
These processes are time and money consuming, but as BFL continues to ignore the court orders, their fines and fees are increasing from the date of our original judgment.
The chief obstacle for execution of a recession and replevin order is the notion that bitcoins [even though digital] are a type of property that can be 'seized' or returned, by an action provisioned under instructions given to a sheriff acting on orders from the court.
Of course, we crypto-geeks know that this can be easily accomplished, but BTCs are a new "unknown" to the US jurisprudential system, and our attorney has to guide them through the process and allow them to conclude that "this can be done".
If anyone is interested in filing suit against BFL remotely, I have an EXCELLENT attorney-- and since he has already won the first suit, it is a foregone conclusion he can win yours.
Now the caveat: BFL is very skilled at moving its money and its accounts around the various banks in Leawood Kansas. Our investigator has determined that they had accounts in certain banks which are now closed, but we suspect that they are no longer using the registered corp-name BF Labs Inc as the corporate name on the account they use to pay their local employees-- and they DO have to pay their employees somehow.
Speculation is that they have moved to using ADP or another third party payroll system and have masked their accounts.
We are pursuing a subpoena to force a court appearance by Sect/Treasurer Jody Drake to disclose the location of assets.
Anyone wishing information on the progress of the suit and information regarding process and procedures can contact me at info at coinpositive dot com.
This has been an expensive process, but BFL should not be allowed to defraud the public.
If you found this helpful, you can donate mBTCs to this address: 14nu944b3Lpe1yPEAzCoaTyMrs6rsPNbtM
Or mLTCs to this address: LL1LPKCkxJwQpyKphtKqkBoVE7xXi1eZzd
I will try to help as many who ask. God Bless and Happy New Year
Looks like he took the advice I made a while back on small claims and getting liens.

I am quite comforted to know that he has been awarded judgements, has found someone competent in the execution of BitCoin related cases, recovery of funds and is seeking a subpoena to evaluate where funds are stored at BFL headquarters.

No doubt he may not be alone? Only time can tell, please help donate to him so that his path may be smooth...for himself and others following their own cases.

This deserves it's own thread.

If BFL is actively working to hide their accounts that means there are a lot of judgements out there...
2  Bitcoin / Mining speculation / Re: [Update DAILY] last 24 hr / BTC / USD / % of the network on: November 22, 2013, 07:31:03 AM
Thanks Dexter770221 and JimiQ84 for your input, I take note and made modification.

Sorry for my english, it's not my first language.

Older post will be corrected this week end.


3  Bitcoin / Mining speculation / Re: [Update DAILY] last 24 hr / BTC / USD / % of the network on: November 21, 2013, 06:34:51 AM
4  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 21, 2013, 04:00:48 AM
Re:  YES, you can get a REFUND from BFL

I have also finally got my refund of $500. Smiley

This was after 4 months of waiting. I know not a huge amount, but still.
5  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 20, 2013, 06:30:35 AM
Re:  YES, you can get a REFUND from BFL

After 8 weeks of no response from BFL to Amex and my refusing shipments of 11 singles I am happy to say that the chargeback process is complete and I am finally rid of BFL after 8 long months. Good riddance!
6  Bitcoin / Mining speculation / Re: [Update DAILY] last 24 hr / BTC / USD / % of the network on: November 20, 2013, 06:06:45 AM
7  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 20, 2013, 04:31:56 AM
I am taking BFL to court this week in Pennsylvania, also suing for treble damages since they knowingly violated the law and the FTC guidelines in not honoring refunds when requested after delays as well as the Pennsylvania Consumer Protection Law If anyone has any horror stories or if anyone would like to make any statements for me in court that would be awesome, i'll update this thread once everything is processed.  Has anyone else taken ButterflyLabs to court?  If not im very surprised, seems like an easy win to me.

UPDATE:
Civil complaint filed and accepted in my home state in Pennsylvania, also the Pennsylvania Attorney General is investigating, I'd be interested in accepting any Affidavit's or if anyone would like to be a witness PM me.  Being a witness would be better since affidavit's may not be admissible because they could be classified as hearsay.  So if you live close, let me know.  Also any advice or support would be appreciated.  Any small win here is a good thing, if I can get a Judgement against them others may take it as an example for their own cases.

Good job man, the second BF Labs stopped issuing FULL refunds when they were lawfully requested they crossed a line they will likely regret.  We need more people like you to stand up to them.  This wanna be libertarian crowd here seems intent to just let the BFL's and TH's of the world do whatever the fuck they want whenever the fuck they want without consequence.  There is also a number of people here who will say all kinds of crazy things when it comes to the law surrounding this stuff.  All I will say is BF Labs is selling a retail product on the internet and retail sales/sales contracts, consumer protection, mail order (internet selling) have been around for many many years and the laws surrounding them are old and well tested.  The libertarian crowd here seems to thing some wild things about these laws and for some reason seem to think that the business model used by ASIC manufactures to date is normal.  IT IS NOT, the real world doesn't operate like this for a reason (a very good reason) and it's called the law...  It won't be much longer before one or more of these companies find this out, with more Joe six packs jumping on the BTC train everyday, these antics will be long gone and we will all have found memories of the jokes we call manufacture's today.

Hey guys, Please check out this web form and if you have a few minutes, please fill it out with your experiences with Butterfly Labs Inc, it will be forwarded to the Pennsylvania Attorney General as well as admitted as evidence in my case: https://docs.google.com/forms/d/1ZRH841TzAhv8Bu7pcEW8id3UMAsO5iDvxUgw0LqZA0k/viewform

I'll be providing updates as the case moves forward.
Thank you
8  Bitcoin / Mining speculation / Re: [Update DAILY] last 24 hr / BTC / USD / % of the network on: November 19, 2013, 05:31:15 AM


9  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 18, 2013, 06:05:39 AM
He is right though, why would anyone who has problems come here and bitch and moan instead of going to the proper place?


How many thousands of complaints does one have to read and delete or ignore before people get fed up and report it to the FTC or the AG in Kansas.

Remarkably you want to ignore the plight of 100s who have had to fight tooth and nail to get refunds and still 100s more who are still expecting BFL to refund them according to FTC regulations.

Why do you continually ignore the plight of 100s of people?

Obviously you are being "paid" in some manner to defend BFL as no one can be that obtuse or sociopathic when it comes to the financial pain of hundreds who have every right to expect refunds. At this point it there is little evidence to support that BFL is a reputable supplier of ASIC mining equipment. They refused to provide refunds. Their own website is purposefully using double speak and unclear really on when these next units will ship. Coupled with a ALL SALES ARE FINAL stipulation should warn off everyone from anything BFL. There are plenty of other competitors that will ship, that have shipped and who have rightly and honestly given refunds.
 
Sad... just sad. You and Inaba are not going to fool anyone here with this diatribe. BFL will get a 28nm out to the market behind at least 3 or 4 other fabricators given their own timeline.

DO NOT BUY BFL PRODUCTS. SIMPLE SOLUTIONS FOR US ALL. Especially when it won't make a dime.


10  Bitcoin / Mining speculation / Re: Bitfury Asic - 29 % of the network last 24h / Update DAILY on: November 17, 2013, 09:23:41 PM
11  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 16, 2013, 09:30:55 PM
Could this be why BFL isn't delivering product to customers?


Gotta stockpile up a lot of chips to make enough equipment to sell mining server time as a commodity.


What is there to stockpile?  Mining by the GH will take just as long to deliver as the Monarch.


PRE-ORDER ... Did everyone miss the button?  You won't be getting that gh/s today.
12  Bitcoin / Mining speculation / [Update DAILY] last 24 hr / BTC / USD / % of the network on: November 16, 2013, 06:31:42 PM
13  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 13, 2013, 02:14:42 AM
Except... none of it ever happened.  Cool story, though, bro!

Josh, be careful where you tread. I've warned you once before about spouting off to the wrong people. I am not PuertoLibre or some other BFL troll. I've spent tens of thousands of dollars with your company and have a solid BitcoinTalk reputation. I have resold and mined both your FPGA and ASIC lines, and have made quite a bit of coin doing so. On top of this, I have over $100,000 on the sidelines right now that I am waiting to put back into mining equipment once the difficulty becomes more predictable and your company is in consideration if you are able to actually deliver your 28nm products with a reasonable price, hashrate, and power consumption.

So watch your fucking "facts" when you attempt to call either me or my friend a liar. The fact of the matter is that I coached 1 family member and 4 friends into buying machines of different sizes from your company and on September 19th sent them an email saying to cancel their orders because we were crossing the point of no return on investment. The family member received their miners early enough to sell them for a good profit. Of the friends, one had no problems at all cancelling, one had a problem where after several weeks of harassing Paypal finally had the reversal approved, only to have the account Paypal was drawing on as empty, and the other two have not been able to get a refund, although they haven't been particularly aggressive with paypal either. As such, two of my friends had some amount of dollars sewn up with your company in an interest free loan for some time, and two of them are going to take a large loss, one of them at a time in his life where he really needs a win.

And I hold you responsible due to the complete and utter fabrications called timelines you've delivered to us in the past 17 months. In your quest to dominate the market, you have sucker punched people who are now literally homeless, causing fights between their spouse and them, and adding astounding stress to their lives. And so, I understand that you can easily sit there and type complete lies that ruin people, and as such you think it must be easy for everyone else to just lie.

But I'll tell you now, Josh, I'm no liar. My friend who had this bounced paypal issue is no liar. So, I would get your "cool story" straight before you respond to me again.
14  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 08, 2013, 07:52:24 AM
Re:  YES, you can get a REFUND from BFL

PayPal refused me a refund, usual 45 days rubbish, I did a chargeback for my first order and the credit card company put the money straight back into my account within about 5 days.

5 November 2013

I also did a chargeback through my bank some weeks back.  I would like to toss in the following additional info:

-- The bank immediately credited my account, but they made it clear that this was a courtesy and that the credit is not final until the accused seller responds.  In my case, they could take as long as two billing periods to respond.

-- When I went to Paypal two weeks later and checked the case status (cases were automatically opened when the chargeback occurred), the Paypal status showed "In review."

In other words, it may look like I have got the money but it is not official, Paypal is sitting on their hands "reviewing" the case, and it could be as long as two months until I know if I really have my money back.

In other world news (film at 11):

I also filed complaints with the FTC, the Kansas City BBB, the Kansas Attorney General's office, and the Johnson County District Attorney.  No response on any of those yet.

I have been down the small claims court path in the past, and my own experience is that it is much easier to sue the credit card company under FTC "claims and defenses" than it is to sue the seller.  In this case it is not clear to me whether the seller is Paypal or BFL, since the credit card transaction was paid to Paypal and not BFL.  Perhaps someone with more legal knowledge can clear that up.

If the seller is Paypal, they have legal staff who do their utmost to avoid paying (though there is a wealth of info about how to sue Paypal and win; google it).

If the seller is BFL, collecting on the judgement could be extremely difficult, since the judgement would have to be exported to Kansas and sent to collections there -- and it is not clear that BFL has a financial leg to file a lien against.

If you have to sue your credit card company or Paypal, never sign a "general release."  This frees them from any obligations to you whether past, present or future.  Tell them you will sign a specific release.  And don't sign any confidentiality agreements.  If you win a judgement, you are in the right and they must pay, and cannot put conditions on that payment.

Update 7 Nov 2013

The Paypal status on the chargebacks changed from "In review" to "Closed."  There was no direct indication of whether it was closed by accepting or rejecting the chargeback.  After clicking around a bit, clicking on the "Closed" status produced "There was insufficient evidence to dispute the chargeback", which I take to mean "He's right but we don't like to admit it."

I can imagine the happiness at Paypal HQ when it becomes general knowledge among BFL customers that Paypal actually is eating BFL chargebacks.  Then the chargebacks will really start rolling in.  It would be interesting to know how Paypal will try to get that money back from BFL.  Well, better them doing it than me.

Addendum:  I just checked the order status at BFL, and both of them show "canceled." (sic).  So they do actually know the word, even if they can't spell it.




15  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 03, 2013, 05:06:44 AM
The bullet run was a dud.

Just to update everyone on where we stand with the Monarch at the moment.

Current chip production has an expected delivery date in early/first half of December. We expect to have chips at that time and hope to have our first units shipped out the door by the end of December. We did not reach our goal of November delivery. Unlike our first generation ASIC devices, we already have the vendors in place and ready to go, along with the substrate design and manufacturing slotted in and geared up. Right now, we are not anticipating any issues but unexpected things do pop up. If they do, I will let people know as soon as I have definitive information regarding that, otherwise we are on target for a December release. If anything changes, I will let everyone know, via this thread, as soon as I have the information.

Let me reiterate that if you are uncomfortable with pre-ordering for cutting edge, custom designed technology and all the risks that it implies, please do not place a pre-order and wait until the products are shipping and available. If you do choose to pre-order, please understand that unforseen problems and delays can and do happen and we will do our best to alert everyone to them when we encounter them and have had time to assess what the impact will be on the timeline.

Our production capacity is geared up and ready to go. With the extreme simplicity of the Monarch compared to our 65nm product line, we do not anticipate any difficulties in getting units built and out the door in a rapid fashion. Compared to our current generation, assuming no parts shortages, we should be able to product more than 1000 Monarchs per day. For reference, the Monarch should use ~12 screws and two discrete parts (board and HSF), compared to even our most simple device, the Jalapeno, which has over 20 discrete parts, assembly is trivial and should pose no issues.

The current expected date for our chips out of the foundry is early December. Obviously nothing will be shipping in November. Projected target is end of December but that is, as usual, subject to change. When I have more info I will share it.
16  Bitcoin / Hardware / Re: BFL Monarch update on: November 03, 2013, 04:58:13 AM
quote BFL forum:
"Hello BFL,

Yes its november. Is prototype working?

People who have invested a lot and investing would be very happy with the current state of monarch.

Thank you.
"

https://forums.butterflylabs.com/monarch-discussion/5441-status-update-please-3.html#post63733

17  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: November 01, 2013, 02:48:30 AM
Re:  YES, you can get a REFUND from BFL

Why hasn't anyone squashed the cockroach?
If everyone with an outstanding order refuses to accept the package (no big loss these days). Then that cockroach will be gently squeezed, harder and harder as more and more packages are returned.

What will BFL do, keep the money ? that would be fraud.
Keep re-posting and costing them $$$$ ?
All sales are final,   When they have been delivered !

If you have requested a refund, BFL owes you a refund, if they do not, they are acting unlawfully and when the FTC actually get around to them they will deal with them appropriately. I Hope.
18  Bitcoin / Mining speculation / Re: Next difficulty ~510,000,000 ? on: October 30, 2013, 02:49:09 AM
Around 537,667,752 (+37.54%) / estimate http://bitcoinwisdom.com/bitcoin/difficulty

19  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: October 30, 2013, 12:53:50 AM

Josh, what the hell?  You guys still have $500 of my money for an 'upgrade' that no longer exists, and yet here you are defending your company's actions in the most uncalled for manner. 

Do your bit for customer service and refund.

Joshie, please tell, how does BFL Intend to resolve such issues.

A) Run off with the guys money.
B) Supply a free miner to attach the upgrade to.
C) Refund

Its a simple question, why don't you answer the guy..  Tongue

They offered me a 'credit' onto my account for my next order.  However, I pointed out that I do not wish to have a 'credit' or indeed order from them again, and they went silent.

No matter, I have my banks fraud team on the case.

I have it in writing that you have received my money, BFL.  I also have it in writing that you were going to either process me a refund in BTC or bank transfer.  Then, another of your 'colleagues' changed their mind.

Companies don't act the way BFL do.  Fraudsters, however....

You may have a product, and you may have manufacturing difficulties, but that does not excuse you acting like a complete a hole.
20  Economy / Scam Accusations / Re: Butterflylabs Huge SCAM on: October 29, 2013, 06:34:19 AM
Re:  YES, you can get a REFUND from BFL


I've been trying to help my friend through this process, and it has hit a problem I haven't seen before. Paypal sided with my friend and said that BFL needed to refund the money. BFL has marked his order as cancelled in their system. Now Paypal tried to get the money back to send to my friend, but there was no money in the account they were drawing on. This is the letter that Paypal sent to my friend.

Quote
Hello *** ******,

The refund sent by Sonny Vleisides (office@butterflylabs.com) did not clear from the sender's bank. You have not received funds for this payment in your PayPal account.

Please contact Sonny Vleisides regarding this refund.




-----------------------------------
Refund details:
-----------------------------------


Amount: $****** USD
Sender: Sonny Vleisides
Sender's email: office@butterflylabs.com
Transaction ID: ********
Transaction date: Oct 11, 2013

Anyone have any ideas on where to go from here? He kind of feel like this is like issuing a bad check and thinks that there might be some kind of attorney general he could go to.

Just as an update to this, sometime last week, the account got money in it and my friend was paid. He said that paypal just kept hitting the account (with the subsequent NSF charges, I'm sure) until there was money there.
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