[Resolved] Violating agreement

[HorseRider]

Edit on 2013/1/15:

Matthewh3 has paid back the money and the scammer accusation is cancelled. So I'm going to lock this thread. I cannot lock this thread but I will let it sink naturally.










Matthewh3 is the issuer and controller of RSM. During the shutting down of GLBSE, Matthewh3 has reached an agreement with me: buying back my 70 RSM shares at 0.41BTC/share after he received the GLBSE asset list. However, when I asked him to execute the agreement, Matthewh3 came up with excuse to refuse to keep his promise.

Our agreement is very simple and straight. He violated it. Matthewh3 should be put on a scammer tag.

evdience

Evidence 1: Matthewh3 offered the buying back publicly:

i invested to get dividends , not to put into pyramining or other things

I started this company and bought over 250 shares in it out of my own pocket to make bitcoins.  I'd rather have BTC500.00 of dividends over ten years then BTC100 in one year then were bankrupt.  If you don't like our plans to make bitcoin then we are offering to buyback anyones shares for BTC0.41 each first come first served.

Evidence 2: Matthewh3 announced publicly that he will buy back 70 shares. And it is from me.

i invested to get dividends , not to put into pyramining or other things

I started this company and bought over 250 shares in it out of my own pocket to make bitcoins.  I'd rather have BTC500.00 of dividends over ten years then BTC100 in one year then were bankrupt.  If you don't like our plans to make bitcoin then we are offering to buyback anyones shares for BTC0.41 each first come first served.

We currently have the funds to buy back about 100 shares at BTC0.41 then any more would be bought out of mining profits.  The amount set aside from profits to buy back shares would depend on demand but would be no more than 40% of mining profits.  First come first served in the buy back.

If you are only interested in short term profits then you should know we will be reinvesting 50% of profits into more ASIC hardware.  You should also know that after we have received our third ASIC pre-order that'll be putting forward the motion to save and reinvest up to 90% of profits into new ASIC hardware.  If anyone is only interested in short term gains then maybe they should consider our offer to buy back shares at BTC0.41 each.  This offer is first come first served.

I've just received our first request to buy back 70 shares at BTC0.41 this will be completed after we have received the records from the GLBSE.  All other shareholders should know all shares that are bought back are basically destroyed so any remaining shares increase in value.  For anyone else thinking of selling back there investment then it'll be done on a first come first served basis.  So if you want to sell out then get your requests in as we only have a ~BTC40.00 wallet.  Any more buybacks will be taken from mining profits.

Evidence 3: Matthewh3 restated that he would like to buy back the shares.

 

As RSM has had enough investment to pay for 180(GH/s) of ASIC's and we will soon have all shareholders details.  Then I'm probably going to turn RSM into a private mining Co-Op investors club.  I'll set up a spreadsheet to calculate everyone's dividends and once they reach a threshold of say at least BTC1.00 they will payout to your chosen wallet address.  RSM will still save 50% of profits for growth but will now save 5% of profits to buy back holders shares at BTC0.41 (tho that price is not set in stone yet) so everyone who has invested and wants to now get out and profit can do so.  We will also let people join the private miners Co-OP investment club for a reasonable price.  In the long term I will look at helping RSM shareholders in moving there share (ownership) on to a Open-Transaction servers (if they want to) - (https://github.com/FellowTraveler/Open-Transactions/wiki).

my opinion, best move to cryptostocks , and pay dividends there and have motions there to decide what to do next

I'm not moving to Cryptostocks it will just follow the GLBSE as the same laws apply.  Also senbo you are an anonymous entity so you can't be taken to court and thrown in jail for the legal reasons the GLBSE has had to shut as long you remain anonymous and/or your anonymity remains strong enough.  I am not anonymous and risk being charged for issuing and running an unlicensed security and RSM can't afford to pay for a lawyer to work things out so that I don't get charged with breaking the law.  

So as RSM has had enough seed funding to buy 180(GH/s) of ASIC's and I will soon have shareholder details.  Once the ASIC's arrive at Inaba's we will start paying dividends and offer to buy back shares.  This is not a matter for a motion to decide if I should continue breaking the law or not by running an unlicensed security.  So we are no longer a mining stock, we are just a group of people who have all chipped in together to buy mining equipment and all receive a share of the profits from that.  

We will offer to buy back anyones shares at BTC0.41 but we can only buy back so many at a time.  So first come first served.  As we buy back any share the percentage of ownership for the other shareholders will go up.  We will save up to 5% of profits to buy back shares.  If no one wants to sell there shares back the 5% saving will stop once the wallet for that is worth a certain amount

I will look at people being able to trade there share ownership on Open-Transaction servers once I've figured it all out (so any help appreciated).  What will probably happen on OT with your shares is if you want to trade them you issue your own assets valued against your RSM share ownership.  Which I with sign to prove its not fake.  This is so I am no longer a securities issuer and if you want to trade your own share ownership then you become your own securities issuer.  Open-Transaction servers can be located within both the I2p and/or Tor networks.

Evidence 4: In his PM, matthewh3 stated clearly about the time and condition of buying back: .

Hi matthewh,

Please send the bitcoin to 196p6Hix4CwZoCmmao2bxVEMh2iGkKkWG8

thank you very much.

OK you are first on the list.  We just have to wait until I receive the records from the GLBSE then confirm your associated email then'll we'll send the BTC28.7 to the bitcoin wallet address associated with your GLBSE RSM claim.

[/quote]

[HorseRider]

Evidence 5: Matthewh3's excuse

So I either piss you off horserider by making you wait.  Or could possibly leave the company bankrupt if the ASIC's were fake.  I don't personally have that kind of money to buy them personally.  If I did I would have had no need for RSM as I could of just bought my own hardware.

I'm thinking now of listing everyone's shares on btc.co (to ease dividend payments) with the intention of buying them all back with my dividends.

[usagi]

Evidence 5: Matthewh3's excuse

So I either piss you off horserider by making you wait.  Or could possibly leave the company bankrupt if the ASIC's were fake.  I don't personally have that kind of money to buy them personally.  If I did I would have had no need for RSM as I could of just bought my own hardware.

I'm thinking now of listing everyone's shares on btc.co (to ease dividend payments) with the intention of buying them all back with my dividends.

In your situation it appears that you only had a verbal contract and that Matthew just wants a little time until the ASICs arrive. This is completely reasonable since you should know he would invest it in mining hardware, having run RSM, right? It is completely fair that you, as owner of RSM shares, now must acquire the liabiliy of waiting for the ASICs to arrive.

[NOTE: comparisons to another scam case have been apologized for and edited out by usagi.]

[🏰 TradeFortress 🏰]

Evidence 5: Matthewh3's excuse

So I either piss you off horserider by making you wait.  Or could possibly leave the company bankrupt if the ASIC's were fake.  I don't personally have that kind of money to buy them personally.  If I did I would have had no need for RSM as I could of just bought my own hardware.

I'm thinking now of listing everyone's shares on btc.co (to ease dividend payments) with the intention of buying them all back with my dividends.

How is this different from when Ian Bakewell broke a signed contract with CPA? In my case, we had a public contract and Ian publicly lied to me, threatened to lie about me in PMs (on record, theymos or other mods can see), lied about his company's finances, and so forth. In your situation it appears that you only had a verbal contract and that Matthew just wants a little time until the ASICs arrive. This is completely reasonable since you should know he would invest it in mining hardware, having run RSM, right? It is completely fair that you, as owner of RSM shares, now must acquire the liabiliy of waiting for the ASICs to arrive.

Asking Matthew to buy you out personally for a business investment you made and now want to get out of is probably unfair. I don't think he is a scammer, I think you should calm down. Wait a few weeks.

Why isn't it reasonable?

You also quote him yourself; "If you don't like our plans to make bitcoin then we are offering to buyback anyones shares for BTC0.41 each first come first served." Emphasis mine. He didn't offer to buy YOUR shares, he made a general offer with a clearly stated limitation.

I am sickened by your call for a scammer tag for Matthew on such a weak case when very clear and obvious scam issues like Ian Bakewell vs. CPA have been blatantly ignored. Additionally Ian has been causing trouble forme in other areas. He's left some very nasty comments on my BTCT.CO application.

I don't think this scam accusation does not have it's merits. I strongly believe that Ian should get a scammer tag, but I don't think other people's scammer threads are the good place to post this.

[HorseRider]

usagi: Firstly, please discuss Ian Bakewell in the thread you have already opened. I'm personally against any kind of violating agreement/contract. IF Ian Bakewell has done that, I will be against Ian Bakewell, too. But I won't talk about it until I think I really understand the sitution.

Secondly, your review of matthewh3's scam is full of misunderstanding and over generousness, which is not approriate at all.
 
About the "calm down" thing advise: I'm totally calm down. I already preapared that after Matthew being tagged scammer he will abandon all his responsibility, and I will lost the hundreds of dollars investment forever. ( He somehow threatened it vaguely in one of his PM.) It is small money and I don't care. However, tag this guy a scammer is very important for this whole community. We should hold the culture here: all contract should be respected perfectly.

In your situation it appears that you only had a verbal contract and that Matthew just wants a little time until the ASICs arrive.

First, the contract between Matthewh3 and me is written down publicly and recorded by this forum's PM system. It is not a verbal contract! It is a written contract!

Second, the point is "contract". It is a contract. Any breaking is unacceptable.

(Waiting)  is completely reasonable since you should know he would invest it in mining hardware, having run RSM, right? It is completely fair that you, as owner of RSM shares, now must acquire the liabiliy of waiting for the ASICs to arrive.

First, buying back the share and waiting for the BFL equipment is two independent thing, and how you and matthewh can mix these two things togher is puzzling me. Additionally, Matthewh is controlling RSM, and he knows more than anyone else.  If he think he cannot do that, then he should not make RSM offer buying back at the very beginning. However, he has made the 100 shares buying back offer publicly, and signed it with me on the 70 shares buying back contract. It is a contract. Tell me why should he is able to refuse fulfill the contract?

He didn't offer to buy YOUR shares, he made a general offer with a clearly stated limitation.

Please don't judge a case by only one evidence. Please see evidence 4, which can prove that I was the first to come. It is MY shares to be bought back.

Conclusion: The contract between RSM and me is very simple and clear. Matthew is the one who made RSM into signing the contract with me. Matthewh broke the contract. He should be tagged as scammer.

[usagi]

First, the contract between Matthewh3 and me is written down publicly and recorded by this forum's PM system. It is not a verbal contract! It is a written contract!

Second, the point is "contract". It is a contract. Any breaking is unacceptable.

I understand that he gave you his word. However, this isn't really a contract. Although I am lax to bring up other scam accusation threads specifically, it is common practice that without an "actual contract", one's word -- even when several witnesses can come forward -- is just not good enough. Now, I'm not a moderator so I can't say for sure, but that is what I have seen several times in the past. Ok, so he broke his word and he is slime. He is a dink. But he did not "break a contract" in that sense of the word.

The issue of whether or not he has a scammer tag, on this point, would still be open. If he led you to believe that he was going to give or assign value to you even without a contract, and you confirmed this with him, then he defrauded you. To this three comments stand out to me in particular

1. "first come first serve"
2. "OK you are first on the list." and
3. "We just have to wait until I receive the records from the GLBSE then confirm your associated email then'll we'll send the BTC28.7 to the bitcoin wallet address associated with your GLBSE RSM claim."

Because of point 3, now that it is proven he has the lists, if he does not now give you the 28.7 BTC he has broken his word.

I believe based on that that you have a case.

So, what I would like to see -- as a community member -- is that Matthew makes an arrangement with you to guarantee the payment of the 28.7 BTC either immediately or by a certain date (not exceeding 60 days) with an interest payment made to you, or that you agree to a payment plan with him. If he cannot do this (I.E. if he cannot appease you) then we have to admit it, he broke his word... sure, why not give him a scammer tag. The key here is I really would like to see Matthew given a "remedy" -- give him the chance to cut a deal with you. Please do not be heartless, that is all I am saying. Matthew has an excellent track record doesn't he? Maybe we should give him another chance to make this right?

First, buying back the share and waiting for the BFL equipment is two independent thing, and how you and matthewh can mix these two things togher is puzzling me. Additionally, Matthewh is controlling RSM, and he knows more than anyone else.  If he think he cannot do that, then he should not make RSM offer buying back at the very beginning.

Ok, you're right -- I misunderstood. What you have said is very convincing. I agree.

Conclusion: The contract between RSM and me is very simple and clear. Matthew is the one who made RSM into signing the contract with me. Matthewh broke the contract. He should be tagged as scammer.

This makes me sad to say it but I agree. But as a community member please give him a chance to make this right. Can we wait until Matthew makes a response (or seven days) before he is tagged?

[matthewh3]

The coins are there for the trade and have been for a while.  I was expecting BFL to ship in October and the trade to take place after we had some hardware.  What is happening now we're waiting for BFL to ship.  On the minute chance BFL is a scam, then all the other shareholders will have something left in the company wallet instead of you having it all.  I know you have stated you thought this was a private trade well its not.  In every post I made in the RSM thread I was speaking on behalf of RSM.  As soon as BFL ship the off market trade can take place, I am only stalling now to protect all the other RSM shareholders.  I have also been contacted by other shareholders who want to increase there stake so maybe they could buy your shares as well.  RSM has been offered free listing on Btc.co but with it being the Christmas holidays I am unable to make up all the relevant documentation needed by Btc.co.  Once we are listed the trading of shares can take place and once BFL ship the BTC28.70 for 70 shares at BTC0.41 can be released.  Then those 70 shares destroyed there by increasing every other shareholders holdings and dividends by 2.5%.

[HorseRider]

I am only stalling now...

It's always like you. Change the plans and promise as you like.  No respect to promise, agreement and contract. You're a scammer, Matthew.

Show us the evidence that you have the money. You have already spent them, right?

[matthewh3]

I am only stalling now...

It's always like you. Change the plans and promise as you like.  No respect to promise, agreement and contract. You're a scammer, Matthew.

Show us the evidence that you have the money. You have already spent them, right?

Settlement to the disagreement offered.

Matthewh, you as the controller of RSM, made the RSM into signing contract to back the shares of mine.  Now you break the contract. If you think RSM cannot buy back the shares, why the hell at the beginning you offered so?

Have you have any evidence that you still have the bitcoin of RSM? I suspect that you have already spent them. Show us the evidence that you have money, Matthew.

Our admin officer Evelox has been following our wallet for a while now.  If you want me to send it to senbonzakura the owner of the IBB until BFL ship and the trade can take place then I will if he agrees.

Also if Evolex and senbonzakura have as much faith in BFL as me and are willing to let me pay out the majority of our wallet (our only real asset) before BFL ship then I will.

Have a happy new year everyone 

[Evolvex]

"It's always like you. Change the plans and promise as you like.  No respect to promise, agreement and contract. You're a scammer, Matthew.

Show us the evidence that you have the money. You have already spent them, right?"

I have two wallet addresses that show a combined total of 34.39896729 btc. I have yet to trawl through and make sure whats left is correct based on whats been spent, but there are certainly two addresses I have been supplied with that contain btc in them.  I believe the funds are available to trade with you - you have no basis to make such claims and this subterfuge surely does not form part of this "scammer thread", I dont think insulting people ever gets anyone anywhere, which is something I have seen a fair bit of.

For the record, I dont see that there has actually been any one scammed yet and as mentioned before, I think is a needless thread created to force a sale. No one wants a scammer tag around these parts.

That said, in the interests of keeping the peace I thought an agreement had been made? Was it 70 shares or 66 shares you are asking (now demanding) Matthew to buy back? you say 70, then someone may be buying 4, so will be 66 if that deal closes before your deadline - what happened to that deal?

And in answer to one of your questions to Matthew in the RSM thread, I'm going to answer what I believe is the answer to it:-

"Now you break the contract. If you think RSM cannot buy back the shares, why the hell at the beginning you offered so?" - I would of thought looking at the post times that he more than likely made the statement about buying shares before BFL delays were known and it was accepted that we wouldnt have the gear up and running as quick as thought, things change dont they, RSM would of had a better projected cashflow back then.

(Just a thought, but if you went past a shop with a sign saying it was selling apples, when you go in, the woman tells you she is no longer selling her remaining apples until some more apples get delivered - does that make her a scammer?).

Anyway - so Matthew looks to of been backed into a corner and the ol' "but you said" rule used - Matthew, pay him for the 70 (or 66 depending on HorseRiders whim) shares if the other share holders agree and change the RSM page to stop ALL further buy outs until further notice.

[HorseRider]

@Evolvex, @matthewh3

I want to 66 of my shares to be bought back now @ 0.299 BTC per share.

It's nice to hear what you have said. Matthewh3 and Evolvex all agreed so. So it seems it's very close to the final "approval" of the settlement. I believe BFL, too, if you check my previous post. However, I need the money very much right now. Your previous buy back promise is extremely important for me.

[matthewh3]

@Evolvex, @matthewh3

I want to 66 of my shares to be bought back now @ 0.299 BTC per share.

It's nice to hear what you have said. Matthewh3 and Evolvex all agreed so. So it seems it's very close to the final "approval" of the settlement. I believe BFL, too, if you check my previous post. However, I need the money very much right now. Your previous buy back promise is extremely important for me.

We can buy back at least 113 shares at BTC0.299 if Evolex agrees as Sen did.  This will increase everyone else's holdings and dividends by 4.07%.  Your remaining shares can be traded on BTC-TC once we're approved or I promise to start buying them once dividends start to be paid.

[HorseRider]

@Evolvex, @matthewh3

I want to 66 of my shares to be bought back now @ 0.299 BTC per share.

It's nice to hear what you have said. Matthewh3 and Evolvex all agreed so. So it seems it's very close to the final "approval" of the settlement. I believe BFL, too, if you check my previous post. However, I need the money very much right now. Your previous buy back promise is extremely important for me.

We can buy back at least 113 shares at BTC0.299 if Evolex agrees as Sen did.  This will increase everyone else's holdings and dividends by 4.07%.  Your remaining shares can be traded on BTC-TC once we're approved or I promise to start buying them once dividends start to be paid.

Nice to see the progress. Waiting for the approval and executing of your plan.

My bitcoin address is 18w3kTsMADXYwYCN4AkWwbknAUySujHt64, which is the same address that has been given to GLBSE.

[MPOE-PR]

Totally did not see this coming back in like...March.

[matthewh3]

Totally did not see this coming back in like...March.

I've still never lost a motion and your just bitter because we're not going to your exchange.  Don't say you wouldn't let us as that is irrelevant now and probably a lie.

[HorseRider]

Matthewh, why are yo delaying again? According to Evolvex's post, Evolvex has already agreed to buy back 66 shares. I think the 66 shares' buying back has already been a consensus.

The number of shares to be bought back can be 113 or 66 shares, it's up to you and I will agree any number between 66 to 113.  And the price is 0.299BTC per share. But just be quick. Our contract should have been carried out months ago.

[Evolvex]

I'll agree to you buying out the full 113 should you wish Matthew.

Horserider, how many does that leave you left with if Matthew buys back 113? I may consider buying the rest if its not many.

[HorseRider]

I'll agree to you buying out the full 113 should you wish Matthew.

Horserider, how many does that leave you left with if Matthew buys back 113? I may consider buying the rest if its not many.

137-113=24 shares. I agree if you want to buy the 24 shares @ 0.299 BTC/share

But I just want to see the money in a timely manner. So you can have your NAV per share increase, and I can have the liquidity I need badly.

[HorseRider]

I have neither seen the bitcoin nor the security in my btct.co account. Matthewh3 continues his scamming.

[HorseRider]

Matthewh3, Why are you acting in such a scamming way??

Some other shareholders find back their shares, but you have not give my shares to me, nor you pay the buying back bitcoin.

Buy back my shares, send the bitcoin to me!!

I'm sorry. That mail was in the spam box and was not forwarded to my frequently used email.  I have already found my shares back on btct.co.