Sean Kirk of Sean's Exotics (najaman517@yahoo.com) is Selling False Hets

I am posting here to share my experience with Sean Kirk of Sean’s Exotics.

Long story short, I purchased an adult female Het Kahl Albino female from him back in August of 2008. We bred her that season with our male Kahl Sunglow. She didn’t look gravid and continued feeding, just less than usual. On 7/8/09, she had a very small litter – only 8 babies - 4 normals, 4 hypos, and 3 slugs…no albino or sunglow babies whatsoever. I notified him of the problem and was promised a refund that never came.

I have listed all email correspondence in chronological order so things are easier to follow. My emails are listed in blue and his in red.

I first contacted Sean on 8/18/08 regarding an ad he had listed for some het albino breeder females.

snake_eyes_exotics@hotmail.com wrote:
*************
NOTE: This message was sent to you via the Kingsnake.com Classifieds. If you feel this message is fraudulent or abusive please forward it to classifieds@pethobbyist.com.
NOTE: DO NOT flag this message as SPAM/JUNK as your ability to receive legitimate messages from Kingsnake.com Classifieds may be compromised
*************

Do you still have the 2 het albino girls? I am interested and would like to see pics. Any additional info would be great as well.

Thanks!
Anya

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Click on (or cut and paste into you browser's
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this message is in response to.

http://market.kingsnake.com/detail.php?de=619963&cat=8


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This person may or may not be who they say they are.
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Sent 08:43 PM, Aug 18th, 2008 from I.P. Address 67.167.146.22/c-67-167-146-22.hsd1.ar.comcast.net

Date: Tue, 19 Aug 2008 00:39:32 -0700
From: najaman517@yahoo.com
Subject: Re: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com

I have 1 left.. What kind of ifno would you like?? She is about 6 foot. Het KAHL albino. She bred for me last year and gave me 18 babies.. The pic of the male albino I have is her offspring.. He was from a buddies Moonglow I had on loan last season.. Sean

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Tue 8/19/08 7:24 AM
To: sean kirk (najaman517@yahoo.com)

Does she have good weight on her for this season? How many babies/slugs/etc did she produce? Do you have a health and live arrival guarantee and for how long? I would like to see a pic of her if you have it. Other than that, I am definitely interested, so hang on to her.

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Tue 8/19/08 11:50 AM
To: sean kirk (najaman517@yahoo.com)

Is the boa still available? I can shoot you a paypal today.

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

Date: Tue, 19 Aug 2008 10:43:59 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com

Anya, Sorry I just got back from work.. She had 18 babies, 3 slugs, 1 baby was born small and died within a few hours. Out of the 18 I got 6 sunglow,5 albino , 3 hypo, and the rest hets obviously. Pretty good odds with that one. She was bred tot he Moonglow so good genetics also,LOL.. I give Live arrival.. She has descent weight but could be fattened up a bit more. I will try to get a pic tonight but I am in and out for the evening.. She is a bit testy right now. LOL.. Sean
Paypal= najaman@aol.com

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Tue 8/19/08 1:42 PM
To: sean kirk (najaman517@yahoo.com)

Paypal sent! When is a good time for you to ship? By the way, is she the pic in the ad?

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

Date: Tue, 19 Aug 2008 12:18:18 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com

OK, No she is differernt than the one oin the ad. She is a little smaller. The one in the ad I got pics of because I had taken her out to clean her cage. She crapped and slid all through it..LOL.. I can ship Thursday for Friday if that is ok for you.. I am in meetings tomorrow afternoon.. I may be able to tomorrow but not poisitive.. Please send me your shipping info to confirm paypal address and a number if possible to call you if I have questions that cant wait for email.. Sean
Just out of curioisty what do you plan on breeding her too??

Now looking back, it’s kinda funny that he happened to ask what I was planning on breeding her to. Maybe wondering “Hmm…how long would it take her to find out?”

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Tue 8/19/08 7:51 PM
To: sean kirk (najaman517@yahoo.com)

What method of shipping will be used? Unless it is Delta, I would like her to be shipped Monday or Tuesday of next week. I just don't feel comfortable with late in the week shipments. The shipping address is:

Adam Hogan
US Bank Home Mortgage
6423 Scott Hamilton Dr.
Little Rock, AR 72209

My phone number is (501) 269-6252. We are planning on breeding her to either an albino or a sunglow. Still working on figuring out the pairings for this year, lol.

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

Date: Wed, 20 Aug 2008 11:26:30 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com

I use UPS.. Shippin airlines here is a hastle. I wish I could because it would be so much cheaper..LOL.. I appreciate you waiting till Next Monday. I do not like to ship late in the week but it seems everyone is impatient these days.. I will email tracking Saturday or Sunday after Iprint the label. Sean

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Wed 8/20/08 1:42 PM
To: sean kirk (najaman517@yahoo.com)

I don't mind waiting. I want what's best for her. Sounds great!

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Sun 8/24/08 1:59 PM
To: sean kirk (najaman517@yahoo.com)

Are we still on for shipping tomorrow?

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

From: sean kirk (najaman517@yahoo.com)
Sent: Sun 8/24/08 2:20 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Tomorrow should be fine.. My van broke down yesterday and needs the fuel pump replaced. It should be done by tomorrow afternoon. I would do a UPS pickup but they want to pick up by 11 am and I dont want her going that early. I am very rural. Anyway, If I have a problem is there a specific number I can call you tomorrow or is email fine?? I dont forsee a problem though..LOL.. I took the male away Thursday and fed her a Lg rat. She is a little thinner than I thought so she will need a couple weeks of good feeding before you introduce a male again.. Ever been bit by a big boa?? I was just in my boa room and was messing with a very gravid very grumpy female. I looked away for a second and WHAM she nailed me right in my chest... Im bleeding all over my lap top thats sitting in my lap...LOL..

I called Sean shortly after this email to give him my number and discuss shipping. Seemed like a real nice guy.

From: sean kirk (najaman517@yahoo.com)
Sent: Sun 8/24/08 4:07 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Anya,

It was nice talking to you. Here are a few pics.. She isnt as small as I thought..LOL.. With so many boas its hard to keep track. She is right about 6 foot. She is 8-9 lbs.. I think after handling the big ones she seemed smnaller and I didnt actually take her out till now. I am ashamed to say I dont have any cash on me. The pic of the pistol, from the front of the trigger guard to the edge of the barrel is 6.25 inches. So she is about 4 inches across.. Breeding weight she was about 14 lbs but I didnt weigh her while gravid, That weight is from post Ovulatuion according to my records. She was born 4/16/04.. According to my records her Mom was a LG central american at a little over 6 foot(probably a cross herself) and dad was an Albino het snow. So she is possibly het snow her self. I do have to add I never proved out her dad. According to my records I got him in a trade and bred himn to this girls mom and 2 other albinos but none that were Het snow them selves and then I sold him after that 1 season.. OHH yeah, the pic with my arm... She didnt want to cooperate, My Fiancee is at work so I couldnt get her to take the pic so I did it myself. I am 6'4" and almost 270 so my arms arent all that small to give you an idea..LOL Sean

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Mon 8/25/08 9:26 AM
To: sean kirk (najaman517@yahoo.com)

It was nice talking to you as well. She is a bit smaller than I thought, but should be fine with a few more good meals. Let me know about the shipping.

Thanks!

Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

I guess I had seen some corn snakes on his site or something – I was looking for some at the time. I had asked him if he had any he was selling.

From: sean kirk (najaman517@yahoo.com)
Sent: Mon 8/25/08 4:00 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Charcoal motley,Opal,Blizzard, and butter motley..
I have about 20 available ranging from 06-07's.. They range in size from 12 inches to 3 foot. With the genetics and suich you would be able to sell them really "Cheap" and atleast double your money.. If you take all 20 I can do $32ea + $55 shipping, They wont be able to go with the Boa I am afraid she will crush them.LOL.. I am sending more pics of Lavenders amnd such.. Check out Kingsnake for prices, especialy Blizzards and Opals and any of the Motley crosses... Sean

From: sean kirk (najaman517@yahoo.com)
Sent: Mon 8/25/08 4:03 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Caramel corn, Caramel motley,Lavender het albino AKA Lavender het opal, and the last is a caramel charcoal... Sean
I also have AneryA Charcoals het Albino which is the key to making blizzards..

I decided to pass on the corns because I was mainly looking for a small wholesale group of babies to take to a show. I called and let him know that the boa had arrived ok.

Date: Sat, 6 Sep 2008 14:54:45 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com

Anya-
Just wanted to get an uodate on how she is doing.. I also wanted to apologize for not calling you back, although its not my faulkt..LOL
My phone was stolen.. I didnt have a phone for 3 days and had almost 30 messages. Yes I am worse than a woamn on the phone,LOL.... Its been hard to keep up with the emails and messages plus the old ones on the phone already.. Anyway, Hope all is well and you sold alot at the show.... Sean

From: Anya Makashova <snake_eyes_exotics@hotmail.com>
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: najaman517@yahoo.com
Date: Friday, September 12, 2008, 8:31 PM

She is doing well. Already taken one F/T large rat and is getting another tonight. Breeding season is right around the corner! We haven't done a show recently. We had one at the end of this month, but I don't think we will be going due to me being so close to dropping. How have you been?

Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.net

From: sean kirk (najaman517@yahoo.com)
Sent: Fri 9/12/08 6:42 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Awesome..... Wow I didnt know you were gravid,LOL... Congradulations.. Im glad she is doing well. If you need anything or have any questions feel free to contact me.. Sean

I came home on 7/8/09, and she had given birth to a very small litter of only 8 babies - 4 normals, 4 hypos, and no slugs…no albino or sunglow babies whatsoever. I was pretty upset because I felt I had been scammed, so I called Sean. No reply, so I emailed him to have him call me.

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Wed 7/08/09 9:56 PM
To: sean kirk (najaman517@yahoo.com)

Hi Sean,

Please give me a call when you get a chance - I have some news!

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

I think I may have called him on my work phone, because I could not find his call on my phone records. Anyway, I told him what had happened.

Date: Thu, 9 Jul 2009 10:24:41 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com
Hey Anya-

Thats some great info.. Can you send me a pic of her?? Just her, I think I have some pics I can compare too.

I havent bred much this year because of the economy. I held back a lot of snakes and dont have a lot coming in. I only have some Hold back Het albinos, Hypo Het Ghosts, and a Leopard Boa male proven breeders and 1 baby Motley from this seaosn left. Since the economy is so slow I didnt want to possibly wind up sitting on snakes that Id have to sell less than what they are worth to compete with the other breeders on Kingsnake and such selling cheaper to make ends meet. Seems like everyone wants trades right now. I try not to mix "Snake" money with Personal money but I may have to send you a few partial payments to make up for the snake.
Again, I apologize. I know how frustrating these things can be.

He sounded sincere enough. This is where he first offered to give me a refund.

From: Anya Makashova <snake_eyes_exotics@hotmail.com>
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: najaman517@yahoo.com
Date: Thursday, July 9, 2009, 12:56 PM

Sean,

I will take a picture of her tonight for you. It may not be the best picture, since she will probably be feisty after resting, but it should be good enough for you to identify her.

Now, if you would want to do a complete refund on her and pay return shipping, I don’t mind shipping her back to you. I wouldn’t feel comfortable shipping her right now since she just gave birth, and could not guarantee live arrival at this time, but we could give her a little while to recover and then ship.

Another option is we could hang on to her and do a refund minus $100, which is about how much she is worth as a normal.

As far as a refund goes, cash is greatly preferred, but we might consider trades. Out of the animals you listed, the only thing we might possibly be interested in is the motley. Can you tell me more about it? Do you have anything else you can offer in trade?

This is what we feel we are out right now:
- $650.00 purchase price on her
- taking our sunglow male away from another female that would have produced albinos/sunglows, which was our desired goal with her
- 2 albinos and 2 sunglows that she would have produced had she been a het

So with just her price and the price of 2 albinos and 2 sunglows, we are looking at $2850 ($650 for her, 2 albinos at $300 each, and 2 sunglows at $800 each). I think that is a fair price considering that is not counting maintenance costs, feeding expenses, and what we lost by not breeding our sunglow to a different female instead of her.

Let me know what you think is fair and we will go from there.

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

This shows that I offered to ship her back to him in order to get my refund.

Date: Thu, 9 Jul 2009 13:28:50 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com

Great send me the pic so I can mathc her up hopefully with a numbered file. If I bought her from someone in the last couple of years she will be in this with a pic.

I will be happy to refund the money ASAP, say minus $50 because honestly even a proven breeder normal female I wouldnt pay more than $50 for. Common boas are a dime a dozen and it doesnt take a whole lot to get them to breed.
Im not exactly sure what your asking below, I again understand your frustration and am going through the same thing with someone right now. My gaurentee is for cost of animal only.

Sean

He seemed to be willing to refund the money, even offering to give me more back than I had asked for. This is almost strange considering he hadn't even seen a pic of her yet for comparison. Almost seems like he knew that she was in fact a normal and didn't want to argue that point...

He also stated his guarantee covers the cost of the animal.

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Thu 7/09/09 9:34 PM
To: sean kirk (najaman517@yahoo.com)

Sean,

Here are some pics I managed to take of her. She is definitely ticked off today, lol!

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

I wasn’t able to keep the pics attached to the emails in this post, but I can post those for comparison if anyone is interested.

From: sean kirk (najaman517@yahoo.com)
Sent: Fri 7/10/09 1:38 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Anya,
i go to work early and havent had a chance to look at the phcs. im out amd will be able to look at the pics later.

From: Anya Makashova <snake_eyes_exotics@hotmail.com>
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: najaman517@yahoo.com
Date: Friday, July 10, 2009, 12:58 PM
Sean,

When would be a good time to call and discuss a resolution? We are usually up pretty late, so anytime would probably be good for us.

Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

From: sean kirk (najaman517@yahoo.com)
Sent: Fri 7/10/09 5:27 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Anya-

I will call you tomorrow. I looked at the pics and I recognize her but thats about it. LOL
I will see if I can find her in any records. I have no reason not to believe you so I am guessing I just need to refund your money for the snake.. I guess we can talk tomorrow.

Sean

We called him on Saturday, 7/11/09 to discuss a resolution that would work for both of us. We agreed to create a contract in order to put things in writing. Here is a copy of that contract:

Per the conversation between Sean Kirk and Adam Hogan/Anya Makashova on July 11, 2009:

Sean agrees to refund the partial purchase price, by way of cashier’s check or money order, of $600.00 for the misrepresented normal female boa constrictor. The boa was purchased in August of 2008 as a heterozygous albino and did not prove out as such when bred to a sunglow male boa. The litter consisted of 4 het albinos, 4 hypo het albinos, and 3 infertile slugs. The total amount of $600.00 will be refunded in full within 21 days of July 11, 2009.

Sean also agrees to provide Adam/Anya with $3,300 worth of snakes (of their selection) at fair market value by December 31, 2009.

Signed,

Sean Kirk

_______________________________

Adam Hogan

_______________________________

Anya Makashova

_______________________________



Contact Information:

Adam Hogan & Anya Makashova
(501) 258-4452 or (501) 269-6252
1215 Katrina Dr
Bryant, AR 72022
snake_eyes_exotics@hotmail.com


Sean Kirk
(518) 879-7149 or (518) 316-0878
39 Greenfield Ave
Ballston Spa, NY 12020
najaman517@yahoo.com

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Wed 7/15/09 9:34 AM
To: sean kirk (najaman517@yahoo.com)

Sean,

What is your address? I was going to put both of our contact information on the document I'm about to fax over.

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

I also tried calling him twice. I really wanted to get it faxed over to him.

From: sean kirk (najaman517@yahoo.com)
Sent: Wed 7/15/09 3:32 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Sorry Anya was incredibly busy today.

39 greenfield ave.
ballston spa ny 12020

From: sean kirk (najaman517@yahoo.com)
Sent: Thu 7/16/09 1:27 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Anya/Adam-

I m sorry I didnt get your message till a few minutes ago. I work from 4am - 1pm or so. Monday through Friday.

I was trying to fax it over again today.

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Fri 7/17/09 9:01 AM
To: sean kirk (najaman517@yahoo.com)

Sean,

Please let me know when you are around a fax so I can go ahead and fax this over to you. 501-269-6252.

Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

I also called him twice to try and get it faxed with no answer.

Date: Sun, 19 Jul 2009 16:19:09 -0700
From: najaman517@yahoo.com
Subject: RE: Message about: 07 Albino male het snow and 2 adult het albino females
To: snake_eyes_exotics@hotmail.com
Anya-

Do you have text messaging on your cell?? Its hard for me to get to my cell and answer voice mails. If you can text me say 5 minutes before you send the fax I can just be in my office then. I am working Monday and Tuesday and then on vacation for a while. We need to do this then or it will have to wait for a couple weeks.

Sean

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Sun 7/19/09 7:58 PM
To: sean kirk (najaman517@yahoo.com)

Sean,

I will send you a text tomorrow right before I send it.

Thanks,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

I sent him a text and got confirmation to go ahead and send the fax. When I tried to send it, it would not go through. I tried about three times.

We had some things come up, so this got put on the back burner for a little while. I had to go to California for NTC Training for almost the whole month of August as well, so Adam had to take care of things while I was gone.

Adam called him on 8/15/09, and then again on 8/19/09. Sean returned his call on the 19th. Adam sent him the contract via fax, for Sean to sign and return it but he never did. He said that he was having problems with his fax machine.

We had a lot of things happening on our end, such as getting married, planning a vacation, and getting ready for my upcoming deployment to Afghanistan, so the situation with Sean got put on the back burner for the time being. I also figured this would give him a chance to come up with some funds. After not hearing anything from him in over 2 months, I decided to send him an email to see where he stood.

From: Anya Makashova <snake_eyes_exotics@hotmail.com>
Subject: hello
To: najaman517@yahoo.com
Date: Wednesday, October 28, 2009, 6:06 AM
Sean,

Please contact me as soon as you get a chance regarding our agreement.

Thank you,
Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

From: sean kirk (najaman517@yahoo.com)
Sent: Fri 10/30/09 1:28 PM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Anya-

I am only checking emails every few days these days. I am dealing with some health issues that at only 35 yrs old I may be getting rid of my whole collection whether I want to or not. I apologize for my lack of communication and will take care of you as soon as I can. You may be getting a better deal than original any way since I might have to get rid of everything any how.. I am not able to speak well enough on the phone to attempt a phone call right now..

I hate to say it, but it is awful convenient how the “health issues” always seem to come into play when one starts asking about payment.

From: Anya Makashova <snake_eyes_exotics@hotmail.com>
Subject: RE: hello
To: najaman517@yahoo.com
Date: Friday, October 30, 2009, 12:51 PM
Sean,

I am sorry to hear about your health issues and possibly having to get rid of your collection. Maybe it is wrong of me to feel this way, but I feel like we have already been on the back burner. Whenever we spoke back on 7/11/09, we agreed that you would refund $600 of the purchase price within 3 weeks (21 days) of that day. Three weeks would fall on August 1st. Well, August 1st came and went with still no refund in sight. Now, here it is 3 and a half months later, and we have not heard anything from you - about the refund that you promised or a status on the snakes.

I don't want to be ugly about the matter, as things do come up, but this is something that has been going on for a while now. I just really want to come to a resolution and have this over and done with. So pretty much, what I need from you is a time frame as to when this will be resolved. I will not settle for "I will take care of you as soon as I can", I am sorry. I need to have something more concrete than that. I feel that we have been patient throughout this whole ordeal, and deserve to be taken care of promptly.

I will add, Adam and I will be in New York City from Friday, November 6th to Friday, November 13th. We can meet up somewhere within that time frame and work something out in person right then if that makes things easier on you.

Let me know what you would like to do.

Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

From: sean kirk (najaman517@yahoo.com)
Sent: Sun 11/01/09 10:55 AM
To: Anya Makashova (snake_eyes_exotics@hotmail.com)

Anya- I understand your frustration, trust me. Truth is you cant squeeze water from a rock. I have nothing to give right now. I am listing a shit load of stuff today and tomorrow as I go through things. Im starting with my Torts and Geckos first. As soon as I get anything you will be the first to know. Unfortunatley as Im sure you have seen the market is shit right now and I am not giving anything away so it may take a little bit..

As far as NYC, I am 3.5 hrs from the city. It may be possible to meet depending on what is going on and how I am feeling those days.

I gave him a perfect opportunity to make things right by offering to meet up with him when we went up to NYC. I would have drove up his way in order to work something out in person. He made it seem like it might be a possibility if he felt like it.

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Mon 11/02/09 4:18 PM
To: sean kirk (najaman517@yahoo.com)

Sean,

If you honestly understand my frustration, you will promptly make this right without any further excuses. All I asked for is a time frame...is it going to take days, weeks, months? How much longer do I have to wait? I just want to put an end to this. That way I am happy and you don't have to hear from me. I am giving you a prime opportunity to put an end to all of this by offering to meet up with you next week.

Anya

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Tue 12/08/09 4:58 PM
To: sean kirk (najaman517@yahoo.com)

Sean,

You have yet to reply to the email I sent you over a month ago. I gave you a prime opportunity to make things right by offering to meet up with you while we were in New York, but once again you have made no attempt to contact us. The original agreement gave you until the end of December to make things right, so I will honor that and give you until the end of this month. I have tried to work with you and give you the benefit of the doubt throughout this whole ordeal, but you have made zero attempts to make right on any of this. I am tired of your empty promises.

I am a very easy person to work with, but I am tired of you taking advantage of that. I'm not going to continue to get screwed and strung along by you, and I am tired of wasting the time and effort, so this is the last time I will be emailing you asking for anything. The next time I email you will be to notify you of the Bad Guy thread on Fauna that I will post after this month is over if things still do not get resolved. You have my word on that, and you know I keep my word. The ball is in your court now, you do what you feel is right. That is all I can say.

Anya Hogan

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

I didn’t hear from him for about 3 weeks, and then I get this email, surprisingly on the last day of December.

Date: Thu, 31 Dec 2009 11:25:52 -0800
From: najaman517@yahoo.com
Subject: RE: hello
To: snake_eyes_exotics@hotmail.com
Anya-

I will be in touch this weekend.. I dont react well to threats, I understand your fustrations with my lack of contact but I feel I explained myself well enough before your last email. In fact I said NYC is not Upstate NY and where you were going was several hours from me.
Like I said I will contact you Saturday, This weekend.

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Thu 12/31/09 1:55 PM
To: sean kirk (najaman517@yahoo.com)

Sean,

Not once did I ever threaten you. I have enough respect for others to not stoop to that level. I simply stated that I am tired of being taken advantage of and strung along, and will not put up with it anymore. If that made you feel threatened, I am sorry. I have been nothing short of patient throughout this whole ordeal.

I paid you my hard-earned money and you did not follow through with your end of the deal. I paid you $650 for a $50 boa! Not counting all my time, food, etc that I put into her since then. You promised me my money back in July, even put it into a contract, and still failed to follow through. I thought you would honor your word, I gave you the benefit of the doubt. I feel nothing short of robbed.

If you are in fact having health issues, you have my sympathy, but it just seemed too convenient that as soon as I started asking for a resolution, the health problems got thrown into the mix. I offered to meet you back in October in NY. I realize that I was in NYC, but I was willing to make the drive to you in order to get this resolved. You turned down my offer and avoided all contact.

Back then, it was a very pleasant transaction and I wholeheartedly enjoyed talking with you, and I never dreamed that you would screw me over the way that you did. I honestly don't think that you understand my frustration in the least. I guess time will tell come Saturday.

Anya Hogan

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

Date: Sun, 3 Jan 2010 07:03:45 -0800
From: najaman517@yahoo.com
Subject: RE: hello
To: snake_eyes_exotics@hotmail.com
Sorry Anya weather in the Northeast sucks, I had no internet yesterday..

The threat I was talking about was the Fauna stuff.

Anya, I have NEVER had a problem with a HET, Ever.. It happens and because my computer was not backed up and I didnt have the info I needed I am willing to make it right.
I do have to say and I should have then when Adam, You and I talked.. I was trying to be respectfull though.... It is obvious you guys have not bred very long and to call your selves breeders, Well everyone who breeds anything these days is calling them selves breeders. You will learn many things if you keep breeding for many years, Not much you will find in books or on Forums. Experience is built doing..
You said you bred a Sunglow to my Het and got only 4 normals and 4 Hypos and no slugs if I remember right, 8 babies..
You said you should have gotten at least 25% albinos and 25% Sunglows and conveinently got 50% hypos.. Those would have been great odds but not likely. This is why when people post the babies they got and some times say WOW those were great Odds!! They hit the lottery. Just because it is written on paper it is a theory to go by but not exact math! This is why I agreed to send you the snakes I did, You obviously dont have all the experience yet and I produce enough yearly anyway so I thought it was not s big deal to help you out.
Now I said MAYBE I might have a litter or two in December NOT guarenteed! Last year I had two litters born in Mid and Late December. I then told you if not it wouldnt be till April that I had any babies if those snakes didnt take. December babies are not a normal thing.. Its only happened to me a couple times.
Now as far as meeting me in NYC, You didnt say you would drive to me even after I said that NYC is several hours from me. Maybe I read it wrong but I took it as you were going to be in NYC and wanted to meet me. I also told you that you cant pull blood from stone..
Whether you believe it or not I do have some health issues that are preventing a lot right now. Nothing to serious but can be debillitating some days!! Typing to you now is more difficult then it ever has and taked for ever, hence my lack of response to not just you but many people these days on this computer. I used to love to chat and answer many many emails a day but now it is not as much fun..
Anya- When I say I understand your Frustration, I do.. When I first started having problems and before we all first talked I gave a ton of snakes to a "friend" to take to shows along the East Coast, Not all mine.. I had been brokering some for some one else as well.
This person now has $15,875 of mine and anothers snakes.... These were the snakes I was going to use to have the money to get through..
Anyway, You have been patient and I appreciate it. There is nothing I can do unless I have it to give!!

From: Anya Makashova (snake_eyes_exotics@hotmail.com)
Sent: Sun 1/03/10 4:16 PM
To: sean kirk (najaman517@yahoo.com)

Sean,

If you honestly feel that you did nothing wrong, then me posting my entire experience with you on the BOI should not be perceived as a threat.

So, now I'm a liar? You think I don't know any better since "we have obviously not bred very long"? Just so you are aware, Adam has been breeding boas for the past 12 years. I realize that odds don't always match up and things don't always go as planned, but when you don't get a single albino or sunglow out of that pairing, something is up. There were enough babies born to speak for that. Just admit it, you probably don't even remember where that snake even came from! You say that you broker animals for others, so something probably got mixed up somewhere along the road. The thing is, you don't even have the decency to admit you were wrong and fix your mistake! It is so much easier for you just to blame it on us and our so called "lack of experience".

So, in your opinion, we hit the lottery by producing 4 hets and 4 double hets? We're just so lucky, aren't we? If I hadn't wasted that $650 with you and your normal boa, we could have had the albinos and sunglows we were hoping for! But no, I trusted you and gave you my business. You betrayed my trust and my confidence in you to correct your mistake.

We offered to meet up with you, but that obviously wasn't good enough. You said it was a possibility depending on how you felt, and I never heard back from you after that.

At this point, I don't even care about what babies you're producing and when. I asked for a refund, the rest was your offer. I have offered to ship her back to you, but you refused. The way I see it, if you are that confident that she is in fact a het, you could breed her yourself or sell her to someone that actually believes you, and it would be no loss to you whatsoever. The biggest reason that I am ticked off right now is because you PROMISED a refund, even agreed to a contract, and never followed through with that promise. Once again, I don't care about your snakes, give me my money back and I will let it go and cut my losses on last season. If you have the collection that you say you do, it should be no problem for you to sell something and give me a refund. That will show how important your reputation really is to you.

I am not waiting until April, I am sick and tired of waiting on you. You have had more than enough time to make this right, and you have made ZERO effort at this point. You obviously don't care enough about my satisfaction or your reputation, and your last email proves that point.

Your personal problems are not any of my business, and quite frankly I really don't care anymore. You obviously will always have other priorities before your debt to me, and your track record proves that. If you cared in the least you would have at least tried, whether it was setting up a repayment plan or something -- anything. I have not received a dime from you, only constant excuses and empty promises.

I am done.

Anya Hogan

Snake Eyes Exotics
Captive Bred Reptiles

www.snakeeyesexotics.com

So this is what it has come to. I am at the end of my rope, and tired of wasting my time with this scumbag. I want everyone to see what type of person he is before even considering doing business with him. If he sold me a normal boa instead of the het that I paid for, what’s to stop him from doing it to anyone else? If you have purchased a het from him, I would be extremely skeptical at this point.

Thank you for your time,
Anya Hogan

I understand your frustration, but there are a couple of comments just screaming to be made. Before I touch on those, I'm going to state that, despite being fairly local, I do not know Sean.
1) 8 babies without a visual is not a guarantee that the snake is not a het. The expected outcome of a breeding is based on statistics, and are only applicable when applied to large numbers. While it is commonly stated that one should get 25% of this, and 25% of that, applying the science to a small sample size is easier if you consider what it means on an individual basis. In this breeding, each embryo would have a 25% chance of being an albino.
That holds a different meaning than the common phrasing, but it is the way things work.

Look how many times this very thing happens in the BP world. Yes, it's frustrating, and can cause lots of bad feelings, but a single small sample isn't definitive.

2) The convenient poor health excuse. Yes, it is a common excuse, but sometimes it is real. I don't know Sean, so I can't confirm or deny his stated health status - BUT, I can say that I sent him an email several months ago...and part of his response was an apology for the delay in getting back to me. He cited health issues at that time & told me he was starting to sell of much of his collection. He doesn't owe me money, so unless he was preparing for this thread even then, I'm not inclined to just toss that explanation aside as typical scammer BS.

3) What you figure you're out. Sure you might BE out a couple of albino and/or sunglow babies from the small litter she dropped, or even a litter from a different female had you not put your male with that one...but you can't seriously be anticipating any compensation for those things? First, again, Mendelian genetics principles deal with statistics, and sometimes people get lucky...sometimes they don't. Second, if you had another female, you could have put the male with both and increased your odds. If your stance is that you would have bought another female, and gotten different results...well, how do you know what those results would have been? You might have gotten a large litter full of albinos and sunglows.....or you could have gotten a big pile of slugs....heck, it's quite feasible that you would have gotten nothing.

Again, I'm not saying your assessment of the snake - or Sean, for that matter - is incorrect. But from an outsider's perspective, those are the things that caught my eye in your post.

I don't know if I could call him a bad guy just yet. He's accurately as far as the odds are concerned. I know quite a few folks who've crapped out on the odds for whatever reason. Just because you breed a het to a visual doesn't guarantee you'll get visuals...especially with a small litter.

Did he claim to produce this snake? My only concern is why he would be willing to send you any refund at all if the snake was what he claimed it was. Have you notified him of this thread?

OOPS - I sent Sean a PM, not an email.

Originally Posted by hhmoore

I understand your frustration, but there are a couple of comments just screaming to be made. Before I touch on those, I'm going to state that, despite being fairly local, I do not know Sean.
1) 8 babies without a visual is not a guarantee that the snake is not a het. The expected outcome of a breeding is based on statistics, and are only applicable when applied to large numbers. While it is commonly stated that one should get 25% of this, and 25% of that, applying the science to a small sample size is easier if you consider what it means on an individual basis. In this breeding, each embryo would have a 25% chance of being an albino.
That holds a different meaning than the common phrasing, but it is the way things work.

Look how many times this very thing happens in the BP world. Yes, it's frustrating, and can cause lots of bad feelings, but a single small sample isn't definitive.

2) The convenient poor health excuse. Yes, it is a common excuse, but sometimes it is real. I don't know Sean, so I can't confirm or deny his stated health status - BUT, I can say that I sent him an email several months ago...and part of his response was an apology for the delay in getting back to me. He cited health issues at that time & told me he was starting to sell of much of his collection. He doesn't owe me money, so unless he was preparing for this thread even then, I'm not inclined to just toss that explanation aside as typical scammer BS.

3) What you figure you're out. Sure you might BE out a couple of albino and/or sunglow babies from the small litter she dropped, or even a litter from a different female had you not put your male with that one...but you can't seriously be anticipating any compensation for those things? First, again, Mendelian genetics principles deal with statistics, and sometimes people get lucky...sometimes they don't. Second, if you had another female, you could have put the male with both and increased your odds. If your stance is that you would have bought another female, and gotten different results...well, how do you know what those results would have been? You might have gotten a large litter full of albinos and sunglows.....or you could have gotten a big pile of slugs....heck, it's quite feasible that you would have gotten nothing.

Again, I'm not saying your assessment of the snake - or Sean, for that matter - is incorrect. But from an outsider's perspective, those are the things that caught my eye in your post.

Wow, Harald...you just know how to sum things up, dontcha?

Originally Posted by MikeCurtin

Wow, Harald...you just know how to sum things up, dontcha?

Yeah, I get longwinded sometimes, I guess...but her post was longer

Originally Posted by hhmoore

I understand your frustration, but there are a couple of comments just screaming to be made. Before I touch on those, I'm going to state that, despite being fairly local, I do not know Sean.
1) 8 babies without a visual is not a guarantee that the snake is not a het. The expected outcome of a breeding is based on statistics, and are only applicable when applied to large numbers. While it is commonly stated that one should get 25% of this, and 25% of that, applying the science to a small sample size is easier if you consider what it means on an individual basis. In this breeding, each embryo would have a 25% chance of being an albino.
That holds a different meaning than the common phrasing, but it is the way things work.

Look how many times this very thing happens in the BP world. Yes, it's frustrating, and can cause lots of bad feelings, but a single small sample isn't definitive.

2) The convenient poor health excuse. Yes, it is a common excuse, but sometimes it is real. I don't know Sean, so I can't confirm or deny his stated health status - BUT, I can say that I sent him an email several months ago...and part of his response was an apology for the delay in getting back to me. He cited health issues at that time & told me he was starting to sell of much of his collection. He doesn't owe me money, so unless he was preparing for this thread even then, I'm not inclined to just toss that explanation aside as typical scammer BS.

3) What you figure you're out. Sure you might BE out a couple of albino and/or sunglow babies from the small litter she dropped, or even a litter from a different female had you not put your male with that one...but you can't seriously be anticipating any compensation for those things? First, again, Mendelian genetics principles deal with statistics, and sometimes people get lucky...sometimes they don't. Second, if you had another female, you could have put the male with both and increased your odds. If your stance is that you would have bought another female, and gotten different results...well, how do you know what those results would have been? You might have gotten a large litter full of albinos and sunglows.....or you could have gotten a big pile of slugs....heck, it's quite feasible that you would have gotten nothing.

Again, I'm not saying your assessment of the snake - or Sean, for that matter - is incorrect. But from an outsider's perspective, those are the things that caught my eye in your post.

Harald,

Thank you for your post. I value your opinions, and want to look at this from all angles. I realize that it could just be really crappy luck and bad odds, but the way he has been acting about the whole situation smells fishy in and of itself. And like Mike said, why would he offer to give a refund right away if he knew for certain that she was a het? Then, he pretty much flat out lied to me by not following through with his promises. I can understand hard times, heck Adam and I combined work almost 100 hours per week in order to make ends meet and we have two kids on top of all the snakes! As the common saying goes, "Where there's a will, there's a way". If he really wanted to come out of this with a satisfied customer and no hard feelings, he could take out a loan, pay with a credit card, or sell something out of that collection he speaks so highly of. I, for one, do not like owing people money and will go out of my way to get any debts paid off.

I guess I don't really believe anything he says anymore because of the constant stream of excuses. If he is honestly sick, then I apologize for my misjudgement, but it does not constantly excuse you from your business obligations. Maybe once or twice, but not for months!

I admit, it was wrong of me to expect anything more than a refund of the snake in question, but please see it from my perspective. I was frustrated and felt that I had been lied to and scammed.

Anya Hogan

Originally Posted by MikeCurtin

I don't know if I could call him a bad guy just yet. He's accurately as far as the odds are concerned. I know quite a few folks who've crapped out on the odds for whatever reason. Just because you breed a het to a visual doesn't guarantee you'll get visuals...especially with a small litter.

Did he claim to produce this snake? My only concern is why he would be willing to send you any refund at all if the snake was what he claimed it was. Have you notified him of this thread?

Mike,

If I remember correctly, I think he got it from a buddy of his. I don't know why he was almost immediately willing to send a refund without even seeing pictures for comparison first. Maybe he knew what she really was...

Adam notified him of this thread earlier, but I will go ahead and send him a link.

Thanks,
Anya Hogan

http://www.faunaclassifieds.com/foru...ight=sean+kirk

This is kind of interesting. A couple years back he was buying hundreds of 100% hets from his buddies for pennies on the dollar and reselling for ridiculously cheap prices. Hmm...I wonder if any of those hets ever proved out...

Unfortunately, I didn't see this until after I bought my girl from him.

Anya Hogan

Gotta correct one piece of my earlier post - I made a revision prior to submitting, but didn't complete it. I started out mentioning each embryos chance of becoming an albino or sunglow, and simplified it to just albinos....except I left the sunglows out of the equation.
Obviously, in the pairing done, each embryo had a 50% chance of being an albino, because the litter was sired by a sunglow.