[BAKEWELL] Action Proposal - Call for Volunteers

[usagi]

Hello. I'm proposing that the shareholders immediately take control of BAKEWELL via shareholder motion, and:

1. appoint an interim CEO,
2. rerouting, refund, sell the rights to, or sell the actual, AVALON asics ordered by BAKEWELL
3. create and issue IAN BAKEWELL debt representing the two $4,000 mining rigs owned by BAKEWELL
4. distribute profits from these events to shareholders
5. shut down the company

To be effective we need a shareholder motion to run appointing someone as the sole director of the company. We will need Ukyo's permission to run this motion. We need:

---> Someone must step up and volunteer to become the interim CEO and take control of the BAKEWELL account.
---> We then need to run a motion firing Ian and turning over all company asset to this new person (We need existing shareholders to request this, I will sign the request this as well since I now directly represent ownership of between 4.9% and 12.1% of the company (294 shares on BitFunder and a BMF claim for a possible further 432 shares).
---> The voted-in CEO needs to immediately contact AVALON with proof of the transfer (essentially, the result of the vote and/or Ukyo's signed statement regarding the matter).

At the very least this will constitute proof that Ian has stolen money from the company which will be needed if anyone wants to go after him legally for the GPU mining rigs BAKEWELL owns, so I think we should take a shot at getting this resolved on our end ASAP.

If no one volunteers for 48 hours I will do it. At least I'm a Canadian. I would prefer not to become interim CEO though. I am very busy with my own business and work IRL. We need someone to step up and volunteer here.

We also need to immediately contact that guy who claimed to have met Ian in person. (I'm a little busy so someone please step up to the plate and link the info from one of Ian's old threads where someone claimed to have met him in person). Thanks. But FWIW I have a lot of (somewhat estranged) family out there in Northern Canada. It is not unfeasable for me to make some calls and ask/pay a distant cousin to drive down to Edmonton and check out a few addresses. It would save money on a PI.

We will also need someone to contact Yifu and ask if it is theoretically possible, given the situation, to reroute the order to the new company address. That's how it should be presented, as that's what it is (a change of company address). So someone please step up to the plate and contact Yifu and ask him if we can do that so long as we can provide proof we run the company. This is important, we need volunteers to step up to the plate and get these things done within 24 hours. Post what you're going to help out with here and then go do it so we don't duplicate our efforts.

If anyone asks what I did for this, it's the push and the idea/plan. But I can't get too involved because I run my own business and I work a lot IRL, so actually doing the whole interim CEO thing would be a bit much for me.

Get involved, or you are basically kissing your money goodbye. If we get a small group together and start a collection plate for things like a private investigator and a lawyer / representation in small claims court, if you're not in the room when the deals are signed you are not in the deal and would have to go after him on your own.

[usagi]

I have sent the following letter to Yifu:

Dear Yifu;

Due to Ian Bakewell's widely-acknowledged scam, stealing the bitcoins and hardware of his company (and admitting it) and then disappearing, shareholders are planning to hold a vote to fire Ian Bakewell as CEO and transfer the company to a new, interim CEO.

Should this action occur, they will be able to provide proof of the shareholder motion approving this transfer, and I am sure Ukyo will be able to GPG sign a statement confirming the transfer.

With this proof of change of company ownership, would it be possible to intercept Ian Bakewell's AVALON ASIC orders and reroute them to the new company address and/or simply refund the money?

Please advise. I realize you might want to see something akin to a letter from a "real-world" lawyer, so please advise precisely what kind of information we need to provide to authorize the transfer and/or change of address. Thank you!

This letter will be translated into Chinese and sent to Avalon's customer support again tomorrow. I of course live here so I can get the translation done and I will report the results of these lines of inquiry as responses are received.

[Dalkore]

Shareholders,

I would be willing to step to do an orderly wind-down of the company.  Also if a direct sales of the ASIC units (pending Yifu's approval) is not the only option, putting it with the rest of my personal and managed units is an option and then I can send dividends out.   I will need a PM and then a Skype conference to go over the details so a scope can be nailed down to the last detail.  I will also need an accurate accounting of what transpired at Bakewell so I know the history.


Signed,
Dalkore

[iCEBREAKER]

Hello. I'm proposing that the shareholders immediately take control of BAKEWELL via shareholder motion, and:

1. appoint an interim CEO,
2. rerouting, refund, sell the rights to, or sell the actual, AVALON asics ordered by BAKEWELL
3. create and issue IAN BAKEWELL debt representing the two $4,000 mining rigs owned by BAKEWELL
4. distribute profits from these events to shareholders
5. shut down the company

I second these motions, and move to draft TradeFortress for interim CEO.

Also, we need a local victim of Ian's scam to get the Canadian BITCOIN POLICE on his ass.  They never stop, until they've got their man.

[tulkos]

I move to elect TradeFortress as interim CEO

I am currently holding 483 shares of BAKEWELL which I paid 65.6 BTC back in the day 
My share purchase can be verified by admin though my PM's to Ian or though Ukyo on BitFunder

[strello]

Great work usagi!!

Great work everyone else here. This thing can work!

I am currently holding 97 shares of Bakewell on Bitfunder.

I add my total support to all these suggestions, and am very willing to donate to a legal fighting fund.

TradeFortress would be my preferred choice for interim CEO as I don't know Dalkore so much. But I will fully support Dalkore, and applaud his generosity in making his offer to stand in, if TF is unwilling/ unable.

Again, can fourd00rgtz manage the needed Canadian legal action?

Now, let's hear some more support from the community and shareholders.

[🏰 TradeFortress 🏰]

I can step up as the interim CEO, but would Avalon re-route the order? It's under Ian Bakewell's name, and this is a unincorporated company.

I don't hold any shares in BAKEWELL, but he does owe me around 100 BTC (not counting interest), and has borrowed a lot of coins and shares from other people.

[strello]

Great stuff, TradeFortress.

Let's give it a try!

As usagi suggests, we should first get support for your appointment as interim CEO, and take control of the BAKEWELL account.

We then need to run a motion firing Ian and turning over all company asset to this new person. We need existing shareholders to request this.

The voted-in CEO needs to immediately contact AVALON with proof of the transfer (essentially, the result of the vote and/or Ukyo's signed statement regarding the matter).

I've sent out PMs to everyone who has posted in the Bakewell thread asking for support, along with other key Bitcoiners to spread the word.

[repentance]

I can step up as the interim CEO, but would Avalon re-route the order? It's under Ian Bakewell's name, and this is a unincorporated company.

I don't hold any shares in BAKEWELL, but he does owe me around 100 BTC (not counting interest), and has borrowed a lot of coins and shares from other people.

If this isn't a real company, then you really need to think about the legal liability to which your actions could be exposing you.  What is the actual legal basis for taking control of BAKEWELL and its assets without a court order? 

If BAKEWELL is not a legitimate legal entity, it has no legal priority over any other creditors of Ian's and you could be creating a legal clusterfuck by trying to take control of assets for the exclusive benefit of BAKEWELL shareholders.  Yifu should be extremely careful about accepting any claims to the Avalons and should get his own legal advice about the validity of such claims.

[iCEBREAKER]

I can step up as the interim CEO, but would Avalon re-route the order? It's under Ian Bakewell's name, and this is a unincorporated company.

I don't hold any shares in BAKEWELL, but he does owe me around 100 BTC (not counting interest), and has borrowed a lot of coins and shares from other people.

Given that we have Ian's docs, it should be easy to convince Avalon and/or DHS.

I'll figure out how to transfer some BAKEWELL to you, so you'll be an Official Shareholder.

Thanks for stepping up!

[usagi]

I can step up as the interim CEO, but would Avalon re-route the order? It's under Ian Bakewell's name, and this is a unincorporated company.

I don't hold any shares in BAKEWELL, but he does owe me around 100 BTC (not counting interest), and has borrowed a lot of coins and shares from other people.

If this isn't a real company, then you really need to think about the legal liability to which your actions could be exposing you.  What is the actual legal basis for taking control of BAKEWELL and its assets without a court order?  

If BAKEWELL is not a legitimate legal entity, it has no legal priority over any other creditors of Ian's and you could be creating a legal clusterfuck by trying to take control of assets for the exclusive benefit of BAKEWELL shareholders.  Yifu should be extremely careful about accepting any claims to the Avalons and should get his own legal advice about the validity of such claims.

Good question. And you're right -- you asked, "What is the actual legal basis...", which is a statement that you do not know. So you are absolutely right, you do not know. Here's your answer (minimized because it's irrelevant to this thread):

Let me put it this way. There is all sorts of evidence all over the net and a lot of people. Ian Bakewell is well-known to have advertised that he will take people's money in exchange for running people's hardware. The proof is simple, the asset list on BitFunder is public. Here it is:

BAKEWELL    85    1JLQoK9wd32AWShXmaR2NwKf3gm1gJSueG
BAKEWELL    6    1Ga15RkdrBVeRWuCZghdfLHUQT5Coxp4T8
BAKEWELL    1    1EdCx9As3uLyZ9bKY473xvnAS6e35RUwKP
BAKEWELL    60    1AW77W5keAyzvhdErgEgcjpSzfMASG2857
BAKEWELL    75    1nFe55ncihZfYXMH1dPBpSzkuqy9gJSmL
BAKEWELL    230    1KbmvzUgXX1YZKkSNqdHC5stD6vt13Gopx
BAKEWELL    1    17vPw1TVrYYXkWvgvFmwuzSQNBpyCH24R3
BAKEWELL    3    15ehPePXfYyuAHqjBdK5YJxXSB9Uep1a86
BAKEWELL    1    1HaKNzqBXA44tV7k7TZRaAuHTfPb6LaXf8
BAKEWELL    110    1LhhedZHAtYPRcCvNwSedbh335ZAgFMoFq
BAKEWELL    82    133yWZHeRdS2hnqpZyv525kHoipAnnX6zb
BAKEWELL    150    17oN3VWW5LmkCmBMQnwc6FZM4ezj7ZZWRp
BAKEWELL    26    1KrxecCGj1PD458Lfd8xx54KmQm77tXzVA
BAKEWELL    111    1LmqjDYwLWC8Bsb3nCG1uauLJQUdpSjYt3
BAKEWELL    300    1CGEgHZpCKMwwtVELK4vrMensvbGAV18sj
BAKEWELL    1    14e8xhwqJBdJPquVFLEGWivodtWFyPMZE2
BAKEWELL    2    1K2qmHwxyZumsfWPWekrEwo62UzvxY6V9m
BAKEWELL    730    1AET6JqduzJMjr5HzKM5cZFBcZZYA3dCVC
BAKEWELL    300    19YuDb6QqhWugyC8LaGn99BSSPvMAs16FC
BAKEWELL    194    13FfUmV2FktBuDmFTFBuRw9PtRU2mDG9Yg
BAKEWELL    15    1KBeaY7JmWAMzj5YgU37EggBajsCLjPzZA
BAKEWELL    3    1FundR66BhKJwyLYMzJxBfgLwVCi2YeTgG
BAKEWELL    966    14KeZanmzhq5Nirx8zdt6SoD8rZDTAe9Hf
BAKEWELL    483    1JpWLrVjivNUC7o2oPNxHmTFsJ21Bn5y7z
BAKEWELL    1    17bruSwSkzwCqgGFjZ78Srizyy24eCKZF5
BAKEWELL    1    1AEJ5pgRtgxY8e4Qc8UaG7FGUGb6qKFE4F
BAKEWELL    294    1usagi8WQJvnCoyV21XSZyUHhC6MzfksW
BAKEWELL    6    1DNunhjBgtna9zSASBXbqBzF9yeYQzAqD7
BAKEWELL    50    12AF7WygbH6fnHeTB83FSZ5Fc1EkwBztpB
BAKEWELL    1,123    1P8XSWnwWxQqLnR7QQVGbHHvmQiDUtXhZn
BAKEWELL    97    1PAXbYKK4qEUZdGGyfYUiWwAyCm2QzRZZo
BAKEWELL    10    168umnmHzx2pKucvvFyRwRHXvBUs21Sztz
BAKEWELL    1    1AxQfy7PR7W5WVD8rWtyS1xMUspgFdayJ1
BAKEWELL    252    16wXi4n4hN8LRvvqoDuBVvN46DGKCJPpPF
BAKEWELL    3    18G9hoa5FfnEdkPd5vkBDSzt33vWMSvS53
BAKEWELL    1    1BeHihfVba7qFFtPWSBR4kXRQ1GaXmTipS
BAKEWELL    200    1B4feHRYPRjtt2U9fWh1eYg5UkZZXVhuky
BAKEWELL    5    1J3BLqArVjc9xU2H3F6PUJ1woEEakDptae

So as you see the proof is right there -- Ian took people's money and issued them shares which, he guaranteed, were worth hardware. Then he stole that hardware.

The actual legal term is "theft by removal", if you're curious. Here are some of the ways in which a person can be guilty of theft by deception:

 A person commits theft if he obtains property of another by deception. A person deceives if he intentionally:

(1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; or

(2) Prevents another from acquiring information which would affect his judgment of a transaction; or

(3) Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or

(4) Uses a credit card, charge plate, or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer (a) where such instrument has been stolen, forged, revoked, or canceled, or where for any other reason its use by the actor is unauthorized, or (b) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument.

It should be obvious to you what the actual legal basis is by now, if not I advise you to do what we are going to do: consult with a lawyer. IANAL so asking me what the actual legal basis would be is likely a waste of your time.

Back to business, I concurr with TradeFortress over Daklore for several reasons; one, he is an asset issuer on the same exchange, two, he's shrugged off scam accusation threads before, three, it fits with the kind of investment he runs (shares in BAKEWELL can be converted to BTCINVEST if shareholders choose to keep the ASICs as they're just another kind of investment) et cetera. I just think he's a perfect fit.

Ok so I haven't heard back from Yifu yet, but as I said I am getting the letter translated into Chinese and I will try to contact them more directly later today.

[fourd00rgtz]

Again, can fourd00rgtz manage the needed Canadian legal action?

Didn't really offer, mostly because I agree with the quote below.
Nothing is going to be legaly enforcable, but the avalons and gaming rigs should be repurposed for the "company" if possible.
Just mentioned that I drive through Edmonton to get to work... Not that I wanted to be the sole plaintiff.
But I'll put my 300 shares behind TradeFortress for CEO.

If this isn't a real company, then you really need to think about the legal liability to which your actions could be exposing you.  What is the actual legal basis for taking control of BAKEWELL and its assets without a court order? 

If BAKEWELL is not a legitimate legal entity, it has no legal priority over any other creditors of Ian's and you could be creating a legal clusterfuck by trying to take control of assets for the exclusive benefit of BAKEWELL shareholders.  Yifu should be extremely careful about accepting any claims to the Avalons and should get his own legal advice about the validity of such claims.

[repentance]

usagi, theft is a criminal matter and the remedies to theft cannot be found in shareholder motions or trying to take control of a pretend company.  Even if you start looking at breaches of contract and torts like conversion, you still have the problem that BAKEWELL is only a pretend company.  In reality, Ian is operating as a sole trader and no amount of shareholder votes can change that or give you the legal authority to seize control of his assets (and they're his assets, not BAKEWELL's, unless BAKEWELL is a separate legal entity).

Unless BAKEWELL is a legitimate company which has a separate legal existence to Ian himself, then you're all just personal creditors of Ian and have no superior legal standing to any of his other creditors (and apparently he has quite a few).  above all people, you should understand that as shareholders in SILVER:TU are effectively in the same situation.

Why should Ian's other creditors not try to block you from actions which would see BAKEWELL shareholders benefit at their expense when your legal claim to any of Ian's assets is not superior to theirs?  If you take control of assets to which you have no valid legal claim, you're the ones who may find yourselves guilty of theft or conversion.

[Thursday]

Where is this Ian Bakewell cunt?  Why hasn't someone broke both of his legs yet?  Surely there's a member within a few miles radius of him.

[Franktank]

Where is this Ian Bakewell cunt?  Why hasn't someone broke both of his legs yet?  Surely there's a member within a few miles radius of him.

While I have not invested into his venture, the last thing the BTC community needs is the general public discovering that a few individuals "go medieval on his ass" for his schemes. If you want him to get his just desserts, please do it as civilized human beings.

[MikeMark]

I'm currently holding 300 BAKEWELL.
Ian also owes me BTC3.0 from a btcJam loan.


1) TradeFortress as CEO is a good idea.

2) However, I think we should give Ian a chance to absolve himself of at least some portion of debt here. He can do that by voluntarily turning over the ASICs and FPGA miners to this body. We can work out details of when and how on the FPGAs. The ASICs must be signed over right away.

I believe that Ian was acting in good faith initially, however his youth and inexperience in business and world markets betrayed him. So he ran. I think that given the chance to clear his name, he may.

My initial reason for investing in BAKEWELL was due to Ian's past performance and the fact of his youth. I believe he wants the best for his life ahead and will do what's needed to make it a good one. If we stomp on him here, we create a company known for that and we may destroy a life that's worth saving.

3) BAKEWELL (or whatever it becomes) will need some interim funding to work with. I recommend another small and separate preferred share be created. Those who can, and already have shares in BAKEWELL, can buy it. It will carry an early repayment clause, and a small coupon, say 1 - 5%. Target whatever small sum is needed to make things happen. A reasonable (1-3%?) portion of the shares of this should be given to the CEO as payment for his services.

4) How can I personally help? My advantages: wide ranging experience in hardware, software and business, available office space, and I live in what is one of the lowest power cost regions in the world at $0.06 - $0.08 / Kwh. My disadvantage: I don't have time. That's why I invest in other people.

[usagi]

usagi, theft is a criminal matter and the remedies to theft cannot be found in shareholder motions or trying to take control of a pretend company.  Even if you start looking at breaches of contract and torts like conversion, you still have the problem that BAKEWELL is only a pretend company.  In reality, Ian is operating as a sole trader and no amount of shareholder votes can change that or give you the legal authority to seize control of his assets (and they're his assets, not BAKEWELL's, unless BAKEWELL is a separate legal entity).

Unless BAKEWELL is a legitimate company which has a separate legal existence to Ian himself, then you're all just personal creditors of Ian and have no superior legal standing to any of his other creditors (and apparently he has quite a few).  above all people, you should understand that as shareholders in SILVER:TU are effectively in the same situation.

Why should Ian's other creditors not try to block you from actions which would see BAKEWELL shareholders benefit at their expense when your legal claim to any of Ian's assets is not superior to theirs?  If you take control of assets to which you have no valid legal claim, you're the ones who may find yourselves guilty of theft or conversion.

Just trying to avoid this:

Where is this Ian Bakewell cunt?  Why hasn't someone broke both of his legs yet?  Surely there's a member within a few miles radius of him.

As you see we need to try to get this resolved legally quickly. We do not need your faux legal opinion trying to discourage people from going after him legally.

Further this discussion is of immense value because "other people have better ideas"; MikeMark for example had the excellent idea of asking Ian to do the right thing. Maybe he will. We can definitely try that. The important thing is we need to get together and do the right thing.

Yes I realize there are ISSUES with going after Ian legally but they may not be insurmountable if we act quickly and as a community. Do yourself and the BAKEWELL shareholders a treat and stay out of our way. If it doesn't work legally, then we will learn why not, and we will learn how to structure investments and so forth in the future so we do not encounter the same legal impasse a second time.

[nameface]

I support usagi's initiative and the decision to name TradeFortress interim CEO of BAKEWELL. I hold 252 shares of BAKEWELL (4.2%).

I also support the plan to have the avalon asics rerouted to TradeFortress. We should be hashing with those asap!

I'm optimistic that Avalon will validate our claim.

It needs to be heavily publicized that a group of bitfunder shareholders are going after scammer Ian Bakewell.

[usagi]

I can step up as the interim CEO, but would Avalon re-route the order? It's under Ian Bakewell's name, and this is a unincorporated company.

I don't hold any shares in BAKEWELL, but he does owe me around 100 BTC (not counting interest), and has borrowed a lot of coins and shares from other people.

Given that we have Ian's docs, it should be easy to convince Avalon and/or DHS.

I'll figure out how to transfer some BAKEWELL to you, so you'll be an Official Shareholder.

Thanks for stepping up!

How many shares do you have? I'm making a list so we can approach Ukyo with sufficient authorization/power to request the motion.

 294 usagi
 483 tulkos
  97 strello
  iCEBREAKER
 300 fourd00rgtz
 300 MikeMark
 252 NameFace
----
1726 28.77%

Given iCEBREAKER's shares we should have 30%, enough representation to request a motion already, but any shareholders that haven't spoken up please do so now.

[fourd00rgtz]

http://www1.datafilehost.com/d/afdd7863
Link to the Bitfunder Asset list for BAKEWELL, strange its 21 shares short (5979 of 6000) and it shows that there was 6000 when he last paid a dividend.

Its a google docs spreadsheet and has % thrown in.

We need Mr./Mrs. 1123/966/730 shares to speak up that's 47% in those 3 people.