Gregory Bowman aka thedietcokeguy Inquiry

I would like to hear from anyone that has sold him reptiles or had any dealings with him.

Please read this carefully and make your own conclusions. It certainly may be why this inquiry has been made today. I hope you understand by Mr. Markevich saying "to make a long story short" he may certainly have left out details as to his motives for the inquiry.

The reason Steve posted this thread? Short story long

Posted by thedietcokeguy on February 02, 2003 at 17:59:36: on the python forum:

In Reply to: Sri-Lankan Pythons & Interstate sales posted by serpentsden on January 31, 2003 at 20:06:14:

Maybe Steve Markevich at Serpentsden should inform all why he posted this thread....So they know the reason he is so concerned. Just a thought. Ever wonder what the entire story behind this thread is?

Also, Does anyone know if it is illegal to ship snakes Express Mail via the US Post Office without declaring it? What are the fines? Also, does anyone have a link to the laws on the Lacy Act and interstate shipping of endangered species? Here is a brief synopsis of it for everyones review;

Lacey Act Amendments of 1981 (P.L. 97-79, 95 Stat. 1073, 16 U.S.C. 3371-3378, approved November 16, 1981, and as amended by P.L. 100-653, 102 Stat. 3825, approved November 14, 1988, and P.L. 98-327, 98 Stat. 271, approved June 25, 1984) These amendments repealed the Black Bass Act and sections 43 and 44 of the Lacey Act of 1900 (18 U.S.C. 43- 44), replacing them with a single comprehensive statute.

Under this law, it is unlawful to import, export, sell, acquire, or purchase fish, wildlife or plants taken, possessed, transported, or sold: 1) in violation of U.S. or Indian law, or 2) in interstate or foreign commerce involving any fish, wildlife, or plants taken possessed or sold in violation of State or foreign law.

The law covers all fish and wildlife and their parts or products, and plants protected by the Convention on International Trade in Endangered Species and those protected by State law. Commercial guiding and outfitting are considered to be a sale under the provisions of the Act.

Felony criminal sanctions are provided for violations involving imports or exports, or violations of a commercial nature in which the value of the wildlife is in excess of $350. A misdemeanor violation was established, with a fine of up to $10,000 and imprisonment of up to 1 year, or both. Civil penalties up to $10,000 were provided. However, the Criminal Fines Improvement Act of 1987 increased the fines under the Lacey Act for misdemeanors to a maximum of $100,000 for individuals and $200,000 for organizations. Maximum fines for felonies were increased to $250,000 for individuals and $500,000 for organizations.

Rewards are authorized for information leading to arrests, criminal convictions, civil penalties, or the forfeitures of property, and for payment of costs of temporary care for fish, wildlife, or plants regarding a civil or criminal proceeding. Strict liability is established for forfeiture of illegal fish, wildlife or plants, and marking requirements for shipments of fish and wildlife must conform to modern commercial practices.

Those enforcing the Act are authorized to carry firearms, make qualified warrantless arrests for felony and misdemeanor violations of any law of the U.S. when enforcing the Act, search and seize under Attorney General guidelines, issue subpoenas and warrants, inspect vessels, vehicles, aircraft, packages, crates, and containers on arrival in the United States from outside the United States or prior to departure from the United States.

Amendments to the humane shipment provisions of Title 18 required the Secretary of the Interior to issue regulations governing such activity.

As amended May 24, 1949, 18 U.S.C. 42 (63 Stat. 89, September 2, 1960; P.L. 86-702; 74 Stat. 753; and November 29, 1990, P.L. 101-646, 104 Stat. 4772) prohibits importation of wild vertebrates and other animals listed in the Act or declared by the Secretary of the Interior to be injurious to man or agriculture, wildlife resources, or otherwise, except under certain circumstances and pursuant to regulations.

Has anyone had experience on the wrong side of Fish and Wildlife or the Postal Inspector General regarding this and what was the outcome?

Hypothetically of course and not to imply anyone; What would you do if a snake store ships you a CITES 1 endangered species without telling you they are protected, illegally through the post office, on a restricted day due to weather, doesnt disclose the contents, they are possibly shipped with normal cargo in an unpressurized flight, are lost for a day, and arrive stressed and possibly sick or dying from a possible death flight in an unpressurized plane. The owner tells you on the phone not to make a stink with the Post Office because its illegal to ship snakes in the mail, and tells you to send them back if they are sick or dead. You then find out from a fellow breeder that they are CITES 1 and endangered. If you do ship them back you will be guilty of a federal crime, Lacy Act, and you have basically just purchased undocumented illegal snakes. The store owner tells you that its fine to ship the snakes across state lines and sites his experience with permits showing he has knowledge via email, THEN later posts a question on a forum asking if INDEED its legal; where he is shot down saying its a requirement of the shipper to get the permits. Hypothetically, what would you do if you were in posession of sick illegally shipped, CITES 1 snakes and the dealer wants you to commit a federal crime?

I would love to hear all your replies based on the care and concern for the snakes, not from greed or profit.

Original Post on the python forum Sri-Lankan Pythons & Interstate sales posted by serpentsden on January 31, 2003 at 20:06:14:
:To make a long story short I'm just going to ask this question. Can Sri-Lankan Pythons (Python m. pimbura) be sold out of state without a USDI Captive Bred Wildlife Permit?
:Thanks,
:Steve

:::END:::

I have purchased many thousands of dollars from great people on kingsnake.com and others from the internet. Almost all have been great and very concerned more with the snake/lizard than profit. To all those who I have purchased snakes from, I thank you for being so kind to me. I have had on a few occasions received snakes that were sick. We all know that the winter, and shipping can stress snakes. All but one were great and accomidating in helping me treat the snakes and there was no bad feelings and I feel comfortable continuing business in the future with them.

One of my first experiences was horrible and I was treated terribly by a certain man who seemed only concerned with money and not the snakes health. He sold me a sick, misrepresented snake. It resulted in expensive vet bills and costs. He has been blacklisted by Pangea and I am currently seeking a judgment against him based on Vets reports, photos, affidavits from experts and the evidence that is self explanatory. I will not come here and make it a public forum until a court rules on it. I feel he has no right to sell live animals given his horrible treatment and lack of concern. Pet rocks are too good for him, in my opinion.

My other experiences, however, have been wonderful with many nice, caring animal lovers who really like what they do; and do it for the love, not the buck.

I am sure if you do a search of this site, you will find I have commented on some of these people praising them for their care and concern. They certainly have my future business.

I am a verified Paypal account holder; I have no complaints against me. I have bought snakes from many of you. I have not sold a single reptile.

I hope you will see that this board may serve as a board of inquiry but also acts as a sounding board for someones agenda that may be suspect or have its basis in covering up something by trying to smear someones name with spurious allegations.

I felt it necessary to inform you all; lets look at the facts relevant; and for those I have bought such wonderful snakes from, I owe you my humble thanks and guardianship of your most precious creatures.

Sincerely

Gregory Bowman
Pangea Research

Ya know Greg.... I'm getting really sick of your BS and innuendos.... why don't you tell these folks the REAL story??....

I am the one he's talking about in his post above.... a bunch of months ago I had a very light-phase 6' burm for sale for $229 shipped (or something like that), Greg emails me and asks if I'd accept $200 shipped.... I did!.... He asks me if the snake is a TRUE light-phase (whatever the heck that means).... the snake I shipped him had very bright gold inner-saddles surrounded by deep-brown outlines and bright-yellow linear markings.... it had NEVER turned "dark" while I had it.... Greg paypals me and I ship him the snake immediately (as always).... keep in mind that the snake ate a medium rabbit three days before I shipped it, and I told Greg this and he still wanted me to ship it, so I did (under duress).... he gets the snake in, and immediately starts telling me that the snake is a solid dark-brown color and it's wheezing from a URI!!.... BS BS BS BS BS!!!!.... I said FINE!! Ship the snake back and I'll refund your $200.... he then proceeds to tell me that he doesn't feel comfortable shipping the snake back in such "horrible" condition.... he was going to take it to the vet.... I said, not on MY DIME YOU'RE NOT!.... He does it anyway.... remember, I don't believe a word of it!.... I asked him several times to send me a picture of the snake to make sure of the color and to see if it was really the same snake I sent him.... I must have asked him 5 times for pics.... to this day, I haven't received any pics!.... I don't hear anything for a couple of weeks until I get an email from him telling me to send him $1000 for vet bills the snake and everything else he could think of.... of course, I laughed it off.... then, about two weeks after that, I get an email from PayPal telling me that they are doing an investigation on me concerning this snake.... I never emailed PayPal or had to explain anything to them.... about a month later, I get another email from PayPal, telling me they don't get involved in disputes over what was EXPECTED and what as actually delivered.... they leave that up to us.... I LMAO when I read that!.... Then, about a week later, I get a letter in the mail from some official-looking letterhead, telling me to pay the $1000, or else!!.... GET REAL!!
Obviously, this is a scam, and I would suggest anybody who deals with this guy be VERY CAREFUL!!.... he's a liar and a thief.... I told him a couple of times to send the snake back for a refund, I've asked him a couple of times for pics of the snake.... NOTHING!!.... He even went so far as to tell me I had to reimburse him FIRST, and THEN he would return my snake.... SURE!.... Whatever you say! (I would have loved to see what snake he sent back, but, I'm sure it wouldn't have been mine!)

Greg, if you think, for one second, that you're going to get one thin dime out of me, you got a serious problem!

You're a liar and a player, and I won't stand for it!.... You want to play legal.... let's do it.... why don't you post all the emails that went back and forth, or don't you have the guts???.... You might not be such a smart-mouth then, huh???

....Neil

Neil;

I appreciate your coming forward to include more apparent fraud. Keep it up as this will be admissable in the civil case against you and potential fraud case.

Mind you, your spurious allegations against me are unfounded and motivated only by you being apparently in the same "pit" with Mr. Markevich; namely, in my opinion, disreputable snake dealers who do not care about any living creature unless it is making money for you. I certainly encourage you to continue your comments for the record. It will only show to people your intent.

I will not turn over all your emails, the vet reports, photos, previous private investigation reports, insurance investigation reports, or affidavits proving your allegations are knowingly false. I will leave that to discovery and deposition.

After a judgment is entered, I will be more than glad to post it here for all to see. Mind you, I spent a month trying to resolve this without success. You told me to shove off and I was lucky you even replied to my email; and YES the snake was so ill, there is no way I will be responsible for shipping a dieing snake back to Florida knowing it would surely die in transit or tossed in the dumpster behind your pit.

JURY: Q; who here would ship a snake that was seriously ill, pouring brown fluid from its mouth upon arrival.

I ASK ANYONE READING THIS TO ASK YOURSELF: would you ship a snake back knowing it was sick and may die?

Please feel free to comment here so at least YOU are on record as to your care and concern for animals.

Neil, maybe you don't care about the life of an animal and apparently only care about money, but I cannot be part of the willful cruelty you suggested. Actually, there are laws prohibiting it.

ONE question, Neil; who in their right mind would ship a snake that just ate a rabbit and how did I cause you duress in forcing you to ship it? PROOF? logic? If you allege I am a liar; show us all here where I forced you to ship a just fed snake. WHO would ship a snake under duress? Did I fly to Florida and put a gun to your head?

I certainly didn't say anything to the effect and only after the complaint did you comment you should not have shipped it. Also you included you don't guarantee live delivery. WHO IN THIS BUSINESS does this?

Q: Who here doesnt at least guarantee live delivery with a 10 lb burmese python? IF NOT; why would you even consider shipping it? I believe this is NEIL GUBITZ admission of criminal animal cruelty. THANKS NEIL......

This shows nothing but the fact you are more concerned with money than the health of a snake.

The cost of treating the snake is documented, the costs associated are documented. Additionally, the libelous statements you make here just bury yourself in your own "PIT" iful existance. How ignoble, to ship a snake knowingly when it could suffer or die; YOU CLEARLY ADMIT THAT MUCH.

WHO SHIPS A SNAKE KNOWING IT MAY BE DANGEROUS GIVEN ITS JUST EATEN?

IS THIS CORRECT?

NEIL GUBITZ: FORCED TO SHIP A SNAKE UNDER DURESS!
NEIL GUBITZ; VICTIM
NEIL GUBITZ: WILL NOT GUARANTEE LIVE DELIVERY

Neil, who wants a dead snake but a soup maker?

From Neil Gubitz website showing he continues to advertise light phase burmese:

Subj: Neil Gubitz ad; 1/23/03 light phase burm.

Date: 1/23/03 10:11:01 AM Pacific Standard Time
From: THEDIETCOKEGUY
To: THEDIETCOKEGUY


298 LIGHT-PHASE BURMESE PYTHON! 0.1, cb02, This girl is a light-phase burm.... she has deep gold in the middle of her dark-brown saddles, surrounded by yellow! She's simply gorgeous! She is sucking down regular-sized mice like candy with never a problem of any kind! She's fat and healthy! - $119 SHIPPED!
http://www.printroom.com/_vti_bin/Vi...359&courtesy=1

More proof NEIL GUBITZ has other snakes with disease but still has it on all the boards for sale;


1.0, cb97, BIG BAD BLOOD! (MALAYSIAN) 5+' LONG! HUGE! *PIC*

Tampa Bay, Florida


Posted by Neil Gubitz - The Snake Pit (Contact Me!) on January 29, 2003 at 16:19:22


This is one bad Blood! He's HUGE! He is ALL of 5+ feet long and about 6" wide! He is sucking down jumbo rats every week with no problems! He had a mild case of URI, which we have taken care of! He is back to his normal cranky self! He is all set to meet the ladies!

He is being sold for....
ONLY $179 SHIPPED!

I ship UPS Next Day Air!
Delta Dash is also available!

PAYPAL and POSTAL MO's (sent Next Day Air)
are the ONLY forms of payment I accept!
It protects us BOTH!

E-mail me ANY questions!

Thanks for your time! ....Neil

Click on the link below for my ENTIRE PICTURED-PRICELIST!.... Enjoy!!

http://www.TampaSnakePit.com

You will find Neil was selling this snake from November to present and had ads both on Fauna and on Kingsnake.

NOTE; "
He had a mild case of URI, which we have taken care of! He is back to his normal cranky self!"

Please refer to kingsnake or fauna classifieds under "for sale" pythons.

Also Neils website has changed; he changed his policies after my purchase. It has been saved to hard copy for evidence as has his ads and all the correspondence.

Let the experts come forward and comment on your actions, Neil, then we can see what your true motivations are. Who sees a problem with Neil?

Neil keep it up; this is good stuff.

THANKS BUDDY!

Gregory Bowman
Pangea

"We don't ship snakes under duress no matter the price"

Subj: Re: burm
Date: 11/23/02 10:08:48 AM Pacific Standard Time
From: neilssnakepit@webtv.net
To: THEDIETCOKEGUY@aol.com
Sent from the Internet (Details)



Greg.... I honestly don't know what to say?? I inserted TWO 40-hour heat
packs in the box??? It should have been very warm, and it was in Perfect
health when I sent it.... remember, I told you it JUST had a rabbit and
it wouldn't be a good idea to ship it?? With the stress of the trip, it
really might have put him through a loop....

....Neil %>))

Neil Gubitz (Owner)

THE SNAKE PIT
1302 West Busch Blvd.
Tampa, FL 33612
813-935-0445 (store phone)

STORE HOURS:
Mon-Sat - 10am-7pm est
Sunday - 10am-5pm est

CLICK ON THE LINK BELOW
FOR MY ENTIRE
PICTURED-PRICELIST

http://members.tripod.com/~JYNXI/inventory3.html



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Neil;

I am sorry for this situation; thats why I emailed you previously asking specifically if this was a "true light phase" burmese. And yes, photos of normal burmese tend to give them the impression of being gold. This snake has NO gold cept some on his head.

Im not sure what you can do for me at this point; Currently the snake is rattling, lots of thick mucous and is green as my 18 ft female.

I have it on high heat and humidity and bactrim. If it doesnt clear up Ill start it on batryl.

My concern right now is for the health of the snake. He is active and this could just be shipping stress but the point is hes clearly, in my opinion, not a light phase burmese. I do know the difference.

At this point; I don't know what can be done; I have a gurgling reg. burmese that I can't use, shipping isnt best for the snakes health and the cost isnt worth it.

I guess I will just think of this as a learning experience.

Gregory Bowman
Pangea Exotics
Calumet Industries

Show me ONE PLACE that says I don't guarantee live arrival.... I ALWAYS have and I ALWAYS will!!....

For the rest of your comments.... you're just not worth it!

....Neil

Looks like another Troll on the BOI.

He had a mild case of URI, which we have taken care of! He is back to his normal cranky self!"

Who sees a problem with Neil?

Where is the problem with this ad? It is one thing to say that you disagree with whether this burm is a light phase or not (a murky distiction at best, IMO), but it is quite another to say that Neil is selling sick, diseased animals!

He clearly states in his ad (yes, I have seen the ad on KS or Fauna) that the Blood HAD a mild URI. He does not try to hide the fact, he comes right out and says it!! What is the problem with that??

How come you could not provide any pics of this burm in such horrible condition when you recieved it? Is Neil suppossed to just take your word for it? That is just unreasonable, plain and simple. I am sure that if this burm was so bad off, you could have taken two minutes to snap some pics to show that he/she had so much "brown fluid pouring out of it's mouth".

He offered to have you ship the snake back for a refund. What more do you want? You took it upon yourself to keep it, and provide no proof (at least so far it does not sound like you have provided any proof) that the snake was so sick?

On the other hand, I must admit that I don't agree with shipping a snake right after it has eaten. (Have to be fair Neil, can't seem like I am part of the notorious "Clique"!! )

Jason Brennan

More emails Previous to purchase to confirm that it is a true light phase burmese:

Subj: Re: Message about: ALMOST PURE GOLD regular BURMESE PYTHON, 1.0, CB01, 7 FOOT...
Date: 11/19/02 5:19:11 PM Pacific Standard Time
From: THEDIETCOKEGUY
To: ngubitz@webtv.net



No worries;

I have a paypal account now. I am a burmese collector and would like to see your snake. If you think its just a light normal that will darken up, then let me pass on it. If, indeed, its a light phase, I have a few that I can pair it to.

You let me know what you want to do; we can close this deal by tomorrow.

You'll find once I buy good snakes from someone; I am loyal and return the favor with like kind deals and future purchases.

Rest well and I will wait for your decision.

Gregory
Pangea

Subj: Re: Message about: ALMOST PURE GOLD regular BURMESE PYTHON, 1.0, CB01, 7 FOOT...
Date: 11/19/02 5:28:22 PM Pacific Standard Time
From: ngubitz@webtv.net
To: THEDIETCOKEGUY@aol.com
Sent from the Internet (Details)



Greg.... I just tried calling you, but didn't leave a message....

He is a true light phase.... he will NOT get darker.... there's no way!
His whole body looks just like what you see in the photo! he also just
had a medium rabbit today for lunch!
I guarantee you, you will love this kid! If you want to just PayPal me,
use the addy above and I'll ship him out tomorrow for a Thursday morning
delivery??? How's that??

....Neil %>))


Neil Gubitz (owner)
The Snake Pit of Tampa Bay
1302 West Busch Blvd.
Tampa, FL 33612

Click on the LINK below for "The Snake Pit's" COMPLETE PRICELIST with
PICTURES of every animal!! ENJOY!!

http://members.tripod.com/~JYNXI/inventory3.html

813-935-0445 (store phone)

HOURS:
Mon, Fri & Sat -------- 10am-7pm
Tues, Wed & Thurs - 10am-6pm
Sunday --------------- 10am-5pm



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Subj: Re: burm
Date: 11/26/02 6:41:54 AM Pacific Standard Time
From: neilssnakepit@webtv.net
To: THEDIETCOKEGUY@aol.com
Sent from the Internet (Details)



Greg.... I just don't understand what could have happened?? If you look
at the picture from the ad (I'll give a link to it below), check the
color in the picture, and then check the scale count, or whatever you
want and you will see it's the SAME SNAKE??? He NEVER changed from the
color in the picture when he was in my care.... and, as I told you, he
ate a small RABBIT two days before I shipped him.... you even agreed
that you would NOT hold me to my live arrival guarantee??? Do you
remember that?? To be honest... I'm really not thrilled with your
insinuations concerning this snake.... I've never ignored your emails,
as so many others would, and I've NEVER lied to you! As far as *I* was
concerned.... IT IS a light-phase! It never changed color for me??? As
far as the RI.... there was no sign of it when he was here??? Heck, he
JUST ATE??? You know as well as I that he WON'T eat with an RI??? Like I
said in the beginning.... I would never shirk MY responsibilities for
ANY reason.... if you think I would ruin my reputation over a lousy
$200, you're crazy.... but, this isn't about money with me (in this
instance).... I HONESTLY know I sent you a healthy light-phase burm,
that had eaten??? I still feel it was because of the stress of the trip
after just having a good meal.... you KNOW it was packaged very well,
with TWO 40-hour heat packs in a styrofoamed-lined NEW box???
Tell you what.... since I really don't think I did anything wrong....
but, I don't like unhappy customers.... it cost me close to $50 to ship
that to you, so you basically paid $150 for the snake.... would you
accept $50 refund to help incur the vet costs, thereby you only spent
$100 on the snake, and that, you can easily get back if you sell him....
as far as the illness.... I'm sorry for the snake, but, I truly feel it
was as aforementioned.... let me know, and I'll PayPal you
immediately.... As you said.... it would be ridiculous to send it
back....

Here's the link for the picture....

http://www.printroom.com/_vti_bin/Vi...382&courtesy=1

....Neil %>))

Neil Gubitz (Owner)

THE SNAKE PIT
1302 West Busch Blvd.
Tampa, FL 33612
813-935-0445 (store phone)

STORE HOURS:
Mon-Sat - 10am-7pm est
Sunday - 10am-5pm est

CLICK ON THE LINK BELOW
FOR MY ENTIRE
PICTURED-PRICELIST

http://members.tripod.com/~JYNXI/inventory3.html



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::end::

PLease note that Neils email says he called me but didnt leave a message; but he indicates AFTER THE SALE and my complaint to him; that nor did he talk to me.

"and, as I told you, he
ate a small RABBIT two days before I shipped him.... you even agreed
that you would NOT hold me to my live arrival guarantee??? Do you
remember that??"

::end::

NO NEIL....... I would never agree to live arrival guarantee. Would you?


Also note his representation;

"He is a true light phase.... he will NOT get darker"

All you burmese breeders, please explain how a dark green burmese can be a true light phase? Would Bob Clark like to comment on Neils assertions?

DOUBTFUL.

Neil, I will buy your OTHER light phased burmese; and ship it directly to Bob Clark to get his opinion of what is "true light phase" and if you are falsely advertizing normal burmese pythons as "true light phased"

HERE IS THE AD NEIL: Sell the snake and we shall see:

Subj: Neil Gubitz ad; 1/23/03 light phase burm.
Date: 1/23/03 10:11:01 AM Pacific Standard Time
From: THEDIETCOKEGUY
To: THEDIETCOKEGUY


298 LIGHT-PHASE BURMESE PYTHON! 0.1, cb02, This girl is a light-phase burm.... she has deep gold in the middle of her dark-brown saddles, surrounded by yellow! She's simply gorgeous! She is sucking down regular-sized mice like candy with never a problem of any kind! She's fat and healthy! - $119 SHIPPED!
http://www.printroom.com/_vti_bin/Vi...359&courtesy=1

Lets see if you really have a light phase burm neil; or if you are just a little light in the true department.


Neil, the only true thing about you, in my personal opinion, is you are a dishonest, immoral person who is a pathologic liar.

More proof to come.


Sincerely

Gregory Bowman

"Will someone please tell Neil he needs to stop using photoshop"

Oh, that's choice.... where are the emails that I sent you BEFORE the one about the snake just eating and I'll send it out tomorrow.... If I didn't tell you about it previously, and tell you it was a bad idea.... why on Earth would you agree to hold me harmeless for my LIVE ARRIVAL GUARANTEE???.... Unless I TOLD YOU I WASN"T THRILLED about shipping right after it ate, but YOU WANTED HIM AS SOON AS POSSIBLE.... remember that???
I thought that snake was $200, heck, you could have made $50 on me....

I'm THROUGH with this farce.... you can enjoy our rantings on your own!

I KNOW I did nothing wrong!....

I just had the "pleasure" of getting another "customer from hell"!

....Neil