Bad Guy Derek Beando Dbeando scams

[CplUry]

Apologies, I'm not accustomed to internet forums. I think it best that communication be left to email then.

 

[Show Me]

Please don't misunderstand this as any argument toward anyone, (I don't engage in internet fights) I only wish to explain the rationale behind this proposal.
It would be imprudent and counter-intuitive to seize the reptiles without Beando's agreement and the agreement of the victims. Hence, the initial proposal. As I said before, prosecution WILL require EACH victim, who desires compensation of any kind, would HAVE to be present at each and every court appearance. Those who are present are heard, those who are not are stricken from the list of victims and must fend for themselves in civil litigation. It is far from unheard of to have a defense attorney continue to another date, knowing that the victim has a finite number of days/hours in the Commonwealth, resulting in the dismissal of charges. There is absolutely nothing that I do that is not above-board. I defend the Constitution first and above all. In addition, I will act only in the manner in which the victim requests. Knowing the court system, having investigated and testified at countless narcotic, sexual assault and crimes-against-society cases, I am painfully aware of the parameters of my job and the limitations set upon me as an Agent of the Government. I have extensive training in a state in which very few other Police Academy certifications are accepted. Again, I am happy to act in any capacity in which the victim(s) wish me to act. Unfortunately, I have to advise the victim that there are limitations and, sometimes, the actions taken are less than the victim wishes, but better than letting the offender walk.

Just because Beando is willing to hand them over to you doesn't make it legal for you to just hand them over to who you think should get them. There could be many more victims we don't know about. What happens if you hand VC over to Kristy only to find out later that someone else had bought her much earlier? How is that fair? That's what court is for.

 

[Lucille]

There is absolutely nothing that I do that is not above-board. I defend the Constitution first and above all. In addition, I will act only in the manner in which the victim requests.

I think everyone appreciates that you are willing to help, but I think that there are ways you can help that do not involve you acting as judge and jury. You simply cannot dispose of one person's property without a court order, no matter how compelling the story, giving it out to those whom you see fit.

You seem to be saying that from your perspective there are difficulties for victims in accessing justice in your state. I do not believe that the answer to your claim is to have the police to act as judges and make property decisions. I am venturing an opinion that you would be personally liable for any damage claims by taking that step and distributing the property of another.

If someone walked into your station suffering with appendicitis, you could help by calling an ambulance and notifying the family. You would not (hopefully) in that case ask the person to lie down on your desk while you take out your pen knife. You would be personally liable in that case for acting as a physician, just as you are in my opinion going to be personally liable in this case for acting as a judge.

It is further my opinion that when property is not properly transferred, it may change location but not ownership, i.e. the folks who would get lizards from your distribution would not in fact legally own them.

 

[Christina Vincent]

I understand the details are needing attention, BUT just as all the other scammers on the BOI know so they continue their antics, I truley doubt anyone but MAYBE the locals (mass) actually going to court. I doubt people are going to spend hundreds more dollars (possibly thousands) flying/driving to Mass/hotels/food etc, for court possible multiple times (never in the same week). No Crp. Ury isn't a judge or jury but he is attempting a reselution without the geckos going to a pound to await a trial and to try and to reassure the victims that attepts are actuually being made by law enforcement instead of getting a "sorry talk to IC3." It's very possible the only two resolutions Cpl. Ury can legally do is collect the property ( it seems he surrendered-the officer didn't bust down the door and take this guys stuff) for court or the owner(s). Is there a way for all the multi-buyers to come to an agreement of some sort? I only say this because, if not its possible to !. Lose those specific care need animals while awaiting a trial, the amount of time and money wasted could very well triple the initial cost and it's possible -not likely but possible you get a rough judge on the wrong day and nobody gets anything but a promisary note by the court for the seller to pay restitution?

I'm by no means sayin Show Me or Lucille are incorrect- they are right. This is complicated, but I have seen the other way go way wrong and for some reason this happy ending I fear is going to be saddest for those geckos and the victims wallets (even if reimbursed in winning the case one is relying on the seller to pay up still) if everyone decides court is the way to go.

 

[hhmoore]

Lucille,
If I'm reading Cpl Ury correctly, Derek Beando has agreed to turn geckos over to him (though, to my mind, there is no way to guarantee that it will be the ones sold, or even comparable in value). Obviously, this isn't a win for everybody...but it might be a way to prevent it from being a total loss. Of course, that assumes that the geckos are in good shape.
Nathan has not yet responded to the concerns I raised last night - but I certainly hope he at least considers them. This has the potential to be a huge headache for whoever takes possession of those animals. Even if they are all healthy, there is the issue of identifying if any of them are the ones that have been sold, establishing values if they are not, sorting out who gets which one(s) while keeping people as satisfied as possible in the process, etc. What happens if Nathan ships them out and some are DOA?? Are people going to be satisfied with no live arrival or health guarantee?

Also, I touched base with Rich during the night, and he agrees that with the way this is developing, the BOI isn't well suited to the upcoming processes. My concern starts with figuring out the values and which animals go to whom. Rich suggested that given the situation, the identification, valuation, and distribution aspects that need to be done publicly might fit into the police blotter. The rules are somewhat less stringent there, and posts can be edited if required. That said, I don't think that all of it needs to be done publicly, and that much of the sorting and distribution details should be done by PM or email. The other thing to keep in mind is that commentary regarding the situation with Mr Beando cannot spill into that thread; so people will have to be mindful of which forum they are in.
Sorry, but there is no perfect way to to this, and - like Cpl Ury - we're trying to make it work within the already established rules.

Before Cpl Ury or Nathan take possession of these geckos, I think it should be established (if it hasn't already) that the people that bought geckos are accepting of the plan as outlined. It might mean that some would have to cancel claims with their credit card company (I don't think it would be right if people dispute the charges, win, and still get the geckos)

 

[nsime]

sorry hhmoore i have no internet at the house, of that money i earned over the lasr year 550 went to vegan, and the rest went to car bills and gecko food and caging, i should have enough room for the geckos yes, and i have two more pounds of cgd,. i am currently thinking of what to do about the doa

 

[Lucille]

Lucille,
If I'm reading Cpl Ury correctly, Derek Beando has agreed to turn geckos over to him

And why is Derek not here saying that himself? If Derek can turn over geckos, Derek can ship them out himself. There is a lot missing here, and it is critical information.

 

[Christina Vincent]

The DOA? One didn't make it already? Or the possibiliy of DOA on the distribution shipping? Sry the statement confused me...

 

[hhmoore]

You should have enough room...but do you have caging? What if the process takes a few weeks to work everything out; or if any of the geckos have problems? I'm not trying to be negative, but you're stepping into a role of responsibility that you need to fully consider. If you can deal with it, that's great; and I'm sure that people will appreciate your efforts...but I'd hate to see things backfire on your good intent if there are problems.

 

[hhmoore]

Christina - reread the post I made before Nathan's last response.

Lucille, yes, there is a lot of important information missing....but, unfortunately, I doubt we're going to get it since Cpl Ury expressed that he couldn't discuss details.

To my mind, there is a lot for people to consider; but I'm an outsider in this deal - I'm not going to push anybody in any direction...but I will toss out some things to make sure they're thinking.

 

[kristy<3sgeckos]

Personally I would rather pick up my partners and my own geckos in person. I really don't want to risk shipping if they are not in good health and I'd like to get.them to my vet ASAP. I can make the trip in about 6 hours and am willing to go as soon as the animals are in custody. I can also help ship others animals if needed. I have shipping boxes and want to help in any way possible. I would only feel comfortable with a few and would only ship if the critters are healthy enough. This is a really tough situation. We may be getting too excited too quickly though as we really don't know which geckos will be there if any.

 

[lauraleellbp]

Would it be helpful at all for each person to post a picture of the gecko they purchased?

I think I agree with Lucille that the i's need to be dotted and t's crossed in terms of going through the correct legal proceedures to keep these geckos safe and prevent Mr. Beando from being able to sue later to regain custody or compensation for them.

I'm not sure exactly HOW that should work, but I think that all the new owners should keep in mind that taking custody of the geckos they purchased could backfire on them if there is the least bit of question regarding ownership, legality of how they were surrendered, etc... Even being in the right can't protect someone from having to endure a costly lawsuit.

 

[nsime]

ok, now that I have the time, first off i do have room and cages, i have upgraded all of my tanks so I do have all the old ones left over to house them,
Kristy- i would like you to show up if you can, just because I rather not ship vegan either, we can probably work something out, such as one thought you can take all the claimed ones and ship them out and I can take the unclaimed ones and post then up somewhere, its just a thought, even though I do have room for another 30 geckos doesnt mean i want another 30 geckos rooming with me so it might be less strain on the both of us if we do that, just have to do it in a way that we both are not taking geckos that belong to the same party because i doubt anyone wants to pay shipping twice. kristy and i can discuss which gecko is better off in whos hands.

now about the gecko value thing, now we all know, being in this type of business that is, that each gecko is probably worth different values, such as some people may pay 300 bucks for a nice yellow pinstripe, thats great, but i might only give you 60 bucks because it doesnt fall until my plans, so there could be 1500 bucks worth of geckos in dereks house right now depending on what people like, but then again it could be all brown green buckskins, im going to propose maybe that we make a picking order somehow, then the first person picks his gecko he wants, then the second goes... into we start round two of the picking order


again, it was just a thought,
kristy- ill be leaving here around 6am probably, the corporal works at 3pm on Wednesday, so im gong to try and make it to his office around that time if you would like to meet up?

 

[nsime]

sorry for mistyped words, this tablet is the first thing I owned with auto typing or auto correction or something

 

[kristy<3sgeckos]

I really don't feel comfortable Taking all of the geckos that are spoken for. If I am contacted and we workout in agreement to where I pickup some of the geckos and ship them that would be fine. I need complete written permission though and I would only be comfortale taking geckos that belong to people that I am familiar with and that know me. I think that otherwise it could turn into a massive mess.

Nathan-im not sure what's going on as of now and am waiting to hear back from Col Ury before I plan what exactly to do next.

 

[nsime]

i just did some googleing, if you cant make it Wednesday i think you are atleast closer to me by a couple hours than barre, so you can always come here to lock haven or we can meet up or something. but let me know, im sure he won't mind two parties showing up.

 

[dragonlvr64]

I agree that there is huge chance here for disaster.
If someone is getting these animals other than the police, that is a huge trust issue.
I know Kristy and would trust her to bring my animal back if I had one. Not many others are known well enough here.
Plus as was stated what if an animal dies outside of police custody, an escape, illness, whatever. Who is then responsible.
Placing value on these babies or unsold ones....that could have an amount that varies quite a but based on who is doing the pricing.
I don't know about this. Of course the animals need to be secured so they are not sold or disappear if they have not done so already. But what happens after that? I have not heard a solution that would satisfy me. OR make me feel I have legal grounds to whatever babies are then sold off. Unless Derek puts something in writing and it is notarized,I would not be up for this.
But I do not have an animal in this mess, so don't get a say, but please really think this through. Protect your animals and yourself.
This sounds scary to me. Best of luck with this fiasco.

 

[CGMa]

TO THOSE PEOPLE WHO HAVE PURCHASED AND NOT RECEIVED GECKOS FROM DEREK BEANDO:
I am working with Cpl. Ury to set up a private message board where information can be shared amongst the victims involved in this case for the purpose of working together toward resolution of the problem. For the protection of all parties involved, this will be a password-protected place where information and arrangements can be privately discussed. There will be no bashing allowed -- this will strictly be a place where victims can share factual information and work together toward resolution of the situation at hand.

• If you are a victim who has come forward in this case: You will be contacted with the link and password as soon as Cpl. Ury and myself have finalized the details (most likely later today or early tomorrow).
• If you are a victim who has not yet come forward and would like to do so: Contact Cpl. Ury directly at [email protected] for instructions on how to proceed.

I would like to personally thank the Fauna BOI for providing a forum where this situation could be made public and initial steps to organize efforts for individual resolution could be discussed.

Thank you also to those who have offered support and advice, and I hope you will continue to keep all victims involved in this case in your thoughts.

Angie Thostrup

 

[nsime]

im sure the corporal legally got a warrent and legally got us our geckos, im sure if anything the geckos could have been taken by animal control and we are now taking custody of the geckos,
ok, well let me lay this out,
we can either
A) sit around and just talk about what is legal, what may not be legal, who gets what, what he might have and this will just all blow over after time and no one gets anything and the geckos stay with Derek and will probably die.
B) we can sue him, spend thousands in court cost, plane tickets, hotel costs, and the geckos will be held by the court and Will probably die while we actually wait for the court date to happen, in which case we may spend more money sueing him than what we actually lost in this scam, and there is the added fact that we actually might lose the case in the long run.
C) take the corporals offer that he worked hard on for us, and I trust him when he says that he did everything legally and we will rightfully own these geckos.
honestly i think if we don't take his offer then we may lose everything.
if it is me that you are worried about that's fine, have kristy pick up your geckos and mail them out, i understand i haven't really made a name for my self just yet and people would rather have a better known person taking care of business, i mean I rather not skip class and drive 7 hours to pick up geckos and then have to worry about shipping them all, but I really don't see anyone else stepping up to take care of this, and I doubt no one wants to fly here to pick them up, honestly, tell me, what do you want me to do, i know i can't satisfy everyone in the end, but im trying, so, please tell me now, if anyone else has a better plan say it now, this isnt an attack on anyone, i just want someone to say something that isn't bring them to court or I dont like your plan, we have until tomorrow night to figure something out because I'm leaving at 5 or 6 am on Wednesday to pick the little guys up, i dont want to sound like a jerk but we got to think of something quicker if you guys dont like that plan

 

[nsime]

thank God, thank you Angie, this is exactly what we need