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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
02-03-2003, 09:41 PM
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#71
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Gregory,
It is obvious by your statement
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I did speak to Fish and Wildlife today; Inspector Strong. and Agent Bruce Tolaski earlier. Inspector Strong informed me that as of 2001, Pimbura is listed as CITES 1. Agent Tolaski did indicate the need by the DMA for a captive bred cert. and it was the shippers requirement to provide them. I asked if the shipper decieved me by saying they arent needed would I be culpable; he said no.
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that you must not have paid attention when asking the question. If an animal is covered by ESA and has the requirement for a CBW permit BOTH persons/entities involved are required to have the permits. It is just like a Radiated Tortoise. They can be sold inside state lines without any permit requirement, but when sold and the animal will be shipped across state lines BOTH buyer and seller MUST have the permit and obtain the permits themself. As to the requirement on this subspecies like I said, I will find out tomorrow and I will post what is said. I would suggest that you listen a little more without the emotion when you are desiring information. In a case like you supposedly asked the USF&W inspectors you would be guilty as well as the shipper if the animal in fact requires the permit.
Also in an URI there are multiple causes, and some of them are NOT treatable using Baytril. I would suggest that you have full panels run in order to be sure that the animal is being treated properly (if it really has an URI).
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02-03-2003, 09:46 PM
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#72
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As Greg suggested, I'll pose some questions to NEIL GUBITZ:
1) What day did the snake eat?
2) What day did you ship the snake?
3) How long after arrival did Greg inform you that the snake was ill?
4) What proof of illness did you ask for?
5) What proof of illness did Greg provide you?
6) Did you make an offer to appease this situation, and, if so, what was it? What date did you make the offer?
7) Was any offer refused, and on what date?
8) Have you been informed of a civil suit against you or criminal investigation about you outside of this thread?
9) On what did you base your determination that the animal was a light phase burm? Do you have any documentation that shows this animal can be correctly described as a light phase burm?
10) Did Greg ask you for $1000 to settle this, and, if so, did you refuse?
11) Have you received information from a vet that the animal was treated for a condition that transpired prior to the date you shipped the snake?
12) What condition is this snake in now?
As for Steve, I don't have many questions, because the legalities of shipping that snake are still unclear to me. However, USPS.......wrong, wrong, wrong. But can you clear up what condition the snakes arrived in and what condition they're in now? Have you been contacted about a criminal investigation? Have you attempted to make things right with any Greg for anything that he considered to be substandard in this deal?
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02-03-2003, 09:58 PM
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#73
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Greg
Your hostile response to my last post has been indicative of your attitude on this entire thread. I purposely took great care in the wording so as to avoid any semblance of being confrontational. Your response was to immediately go defensive and lash out.
You charged in here, sabre rattling, with your course of action already set. You have not responded reasonably to a single suggestion, observation or comment that has been offerred. So far, you have dismissed out of hand any information or experience that has been shared that did not conform with your preset opinions.
This board has been able to aid a lot of individuals with advice due to the fact that a lot of us have been breeding caring for and shipping animals for a lot of years. We do this by offerring the benefit of that experience to those that post here.
However, if you are not interested in listening to other opinions and viewpoints on your situation, I am not really sure why you have continued to post after your initial ramble.
Incidentally, the reason you speak to an attorney before contemplating legal action should be blatantly obvious. Fish and Game only enforce the rules. They don't interpret the statutes.
I have nothing further to say on this thread (quite unlike Gregory)
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02-03-2003, 10:01 PM
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#74
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John
I appreciate your aid.
Gregory Bowman
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02-03-2003, 10:06 PM
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#75
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Chris
I never made mention that the treatment was made by a lay person nor that the medication was not prescribed. I think you are assuming a lot without any facts. Maybe you should reread what I posted and rethink what you just supposed.
The snake was seen by a vet specializing in reptiles, and prescribed medication and was treated by me.
Thanks
Gregory Bowman
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02-03-2003, 10:13 PM
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#76
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John;
Respectfully; this thread was started by Steve Markevich after being caught red handed committing illegal acts and trying to intice me to commit a federal crime. He sent emails to dealers and apparently called saying I was trying to burn him without explaining he had committed these illegal acts. Only after he talked to NEIL GUBITZ, who has an agenda to attack me, did he post this thread.
The sabre rattling was going on long ago and it was not by me.
Sorry if you feel I am not allowed to defend myself against this spurious attack from someone who is making an issue to try and keep me quiet.
If you want to support apparent criminals.........so be it; I dont see you asking any questions of their activities.
Gregory Bowman
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02-03-2003, 10:20 PM
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#77
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Rob;
Thanks for your advice; the snake was evaluated by a Vet and treated accordingly. I trust his expertise but thanks for your suggestion.
Additionally, I doubt I would make up talking to US FISH AND WILDLIFE. Additionally, Im sure you had the opportunity to read the emails posted. I think you will find that I have been upfront about the situation with Mr. Markevich and contacted the authorities after finding out there was a problem. I have no problem talking to them about this and came forward after finding out Mr. Markevich misrepresented material facts to me.
Subj: Current Endangered species list
Date: 2/2/03 4:55:35 PM Pacific Standard Time
From: reptiles@serpentsden.com
To: thedietcokeguy@aol.com
File: 50cfr_animals.pdf (220184 bytes) DL Time (46667 bps): < 1 minute
Sent from the Internet (Details)
Gregory,
I have no doubt that Sri-Lankan Pythons can be shipped across state lines my posting was simply a question and the answers recieved I wasn't going to argue.
Attached is a current listing of all the listed Threatened and Endangered species that are federally protected. See page 19 and you will see Python m. pimbura is not listed as being protected.
Steve Markevich
Serpent's Den
Carbon Plaza Mall
Route 443
Lehighton, PA 18235
Tel. (570) 386-8122
E_MAIL reptiles@serpentsden.com
WEBSITE www.serpentsden.com
Thanks
Gregory Bowman
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02-03-2003, 10:31 PM
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#78
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And I do owe an apology to anyone Ive been brunt with. Its clear that some of you will be loyal to these parties no matter the facts or circumstances and as such, you have no accountability to post whatever you feel will make them look like victims. It does give me a clear idea of who the players are in this game.
I think you should, however, consider asking some questions as I have done; most have gone unanswered by the parties in question. Most due to the fact that criminals rarely admit their actions. Their silence shows their guilt.
Its very disheartening knowing that this/these person(s) contacted others about me, made up allegations that were untrue and threatened me to keep my mouth shut to cover up his/their apparent illegal activity.
I have contacted the proper channels and have faith that this person(s) will be investigated.
I appreciate all your points and concerns and will keep you advised as to the situation as it unfolds.
Thanks
Gregory Bowman
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02-03-2003, 11:08 PM
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#79
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LOL Greg, read Lacey again, as you are grossly misinterpreting it.
Lacey provides penalties for violating the provisions of CITES, not for the interstate commerce of Appendix species. The commerce provision of Lacey is applicable to species taken illegally in their home state. For example, even though TX indigos are only protected by TX law, I could be prosecuted under Lacey if, in MI, I were working with WC Texas indigos.
As for it "pimbura" being Appendix I, if you care to reread my replies, I never said it wasn't. Where the "supposition about taxonomy" comes into play is the ESA, which is the statute (if any) that would be charged. You see, Greg, if the snake is indeed classified as a synonym of molurus for purposes of the ESA, this is all a moot point, as you have also committed a crime by not first obtaining a CBW license.
Now then, it's been awhile, so perhaps I'll entertain myself with a few quotes.
Quote:
Since you are stating you are making a legal clarification; I would ask if you are an attorney and if so are you practicing in Florida, PA, or California.
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No. Are you? I've played basketball with a few though. Not to mention received continuing education from some on criminal law and Constitutional criminal procedure. That's the beauty of having a background in criminal justice.
Quote:
I am informed by authorities about the law; I believe them; not supposition posted by armchair attorney/cops.
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Well, it looks like I've been called out...lol. I guess it's time to turn in the Safariland black basketweave duty gear, Sig P226 w/ hi-caps, and Peerless handcuffs. I may as well tell the guys that I can't drive the shiny blue Crown Vic with pretty lights anymore either.
Tell us Greg, is suppose/supposition your favorite word, or do you get a new toaster oven if you say it xx number of times?
Quote:
Sorry if you feel I am not allowed to defend myself against this spurious attack from someone who is making an issue to try and keep me quiet.
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There's a bit of a difference between defending oneself and the "don't confuse me with facts" attitude you've exhibited. Quite honestly, you come across as being as open to constructive criticism as a brick wall.
Take, for example, the insincere apology :
Quote:
And I do owe an apology to anyone Ive been brunt with. Its clear that some of you will be loyal to these parties no matter the facts or circumstances and as such, you have no accountability to post whatever you feel will make them look like victims. It does give me a clear idea of who the players are in this game
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Alas, here we have a nice little... what was that word again... supposition. Ironic, isn't it?
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02-03-2003, 11:18 PM
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#80
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Have you cnsidered this???
~This is one very nasty thread. Although I have never done business with Neil, I have read and heard alot of great feedback about him and his business.
Quote:
Thanks for your advice; the snake was evaluated by a Vet and treated accordingly. I trust his expertise but thanks for your suggestion.
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~I have seen a few back and forth posts regarding medication and treatment. At one point, I believe Greg said if one particular med did not work then he would begin another. Many of these antibiotics are accessible without a prescription...not legally, just accessible.
~That said, I have one question, Does ANYONE know the name or number of this vet? I would be glad to assist and make the phone call. Having been in the medical field for upwards of 30 years, it might be helpful. It just seems like an awful lot of fuss, to go the court route for a $200 snake.
~If the vet is for real and the $1000 bill is for real, then that is Greg's responsibility. It was his choice. I, personally, would have put the seller in touch with the vet from the start had I received a sick reptile, snake or other. Especially, since Neil did offer a refund, that would have been the correct thing to do. With any accusation as heavy as is being made here, pictures, true documentation, names, numbers and any other PROOF is always a necessity and should be presented from word one.
~I just don't see Neil doing something like this. I'll admit, he can get a little heated, but his concern and professionalism for his animals have been a documented fact in an tremendous number of postings I have seen.
~ It is entirely too easy to edit an email prior to posting it anywhere. That actually dismisses it as real proof. {This I learned when some teenager was making email death threats to one of my children, resulting in my first contact with the FBI. A learning experience in itself. }Because of this, I don't usually put alot of stock in re-posted communications.
With that I will take my leave....unless needed.
jude fitch <<<~~~bowing out gracefully.
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