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Bad Guy Derek Beando Dbeando scams

i think he is picking the geckos up,from derek in the morning of Wednesday, he probably doesnt know which gecko is what so we wont know what gecko is what, honestly i only know vegan and candy think.but, we shall see, i really dont know if there is going to be any charges or not on the guy.
@ show me
now i realize its not fair that people have to pay for shipping again, but honestly i also paid 550 bucks for a gecko i wont be getting, and im driving a total of 800+ miles round trip to pick these geckos up for everyone, which should be close to 100 bucks of gas if not more, so after its all said and done it wouldnt be fair to me if after all of this i would have to pay again to ship all the geckos out, lol i made 2000 dollars in the year in a half, i have no more money to ship so if the people want the gecko that they paid for im going to need some help with the
shipping and im sure most of the people understand that and are probably willing to help..i hope
 
nsime said:
i think he is picking the geckos up,from derek in the morning of Wednesday, he probably doesnt know which gecko is what so we wont know what gecko is what, honestly i only know vegan and candy think.but, we shall see, i really dont know if there is going to be any charges or not on the guy.
@ show me
now i realize its not fair that people have to pay for shipping again, but honestly i also paid 550 bucks for a gecko i wont be getting, and im driving a total of 800+ miles round trip to pick these geckos up for everyone, which should be close to 100 bucks of gas if not more, so after its all said and done it wouldnt be fair to me if after all of this i would have to pay again to ship all the geckos out, lol i made 2000 dollars in the year in a half, i have no more money to ship so if the people want the gecko that they paid for im going to need some help with the
shipping and im sure most of the people understand that and are probably willing to help..i hope
Click to expand...

I wasn't suggesting that you pay for the shipping. I'm saying I wouldn't pay for shipping again nor would I settle for a different gecko, I would be pursuing Derek by any legal means possible.
 
Thanks to all of you. When I spoke to nsime, he stated that a number of the victims were willing to have him pick the lizards up and do the shipping. Hopefully that is acceptable to all, as that is a short-fall on my side...getting the Chief to allocate funds to pay for shipping. I will review the spreadsheet and try to make sure that everyone gets either what they ordered or at least property that is worth what they paid. Again, thanks for the kind words.
 
sorry if I miss understood and jumped the gun!, i really dont want to settle for another gecko, i mean i have no good breeders and/or breeder pairs atm, so i was excited to get my business off the ground by purchasing vegan, but now i have to settle with babies that will take 2 years to be breedable and a high chance that they wont be in my project plans at all, so i would like vegan or my money back but i just dont think its possible, so the corporal did his best, thought of a fair solution, and it is so much better than getting nothing! besides sueing him might take months..
 
Omg. Thank you Sir. A+ to Law Enforcement here! You have gone above and beyond to help these victims involved in such a mess, we all appriciate seeing you do this.

Too many times these bad guys get away with scamming people here and the end results are usually so disheartning...thanks again for following through and resucing these Geckos!
 
What exactly is the plan here?
It sounds as if Derek has turned over some geckos to Cpl Ury, which will, in turn, be turned over to Nathan for distribution (at additional cost) to the parties that paid for them.

If the geckos haven't been identified, how do we know at this point that ones sold are even included in the mix?

Who is deciding what geckos go to what people, who is assigning the values to the various geckos, and where do the babies that are being mentioned come into play?

I said I didn't see a problem with this forum being used for the identification of the sold geckos...but that is fairly limiting, and doesn't come anywhere close to what it sounds like this could turn into.

To Nathan. I can't help but ask this question, but I mean no offense: If you are as broke as you say, and it you're already making this effort seem a strain on your funds, should you really be involving yourself?? I don't know how many geckos are being turned over to you, but do you have the facilities and resources to deal with them? If they are in poor health, do you have the experience and means to deal with them...or are you going to just ship them off to whomever, and let them be their problem?
 
hhmoore said:
Who is deciding what geckos go to what people, who is assigning the values to the various geckos, and where do the babies that are being mentioned come into play?
Click to expand...

Good questions. And is it common practice for personal property to be seized and distributed prior to any formal adjudication of guilt, especially when there is some question as to who really owns the critters in the case of multiple sales where the first to pay might not even be on this forum?

Who bears the financial risk of loss during the process if the critters 1) die or 2) are sent to the incorrect party during this informal distribution?

I have read the thread and understand what Dbeando has done and I want people to get the critters they have paid for. But there are a lot of questions that arise here and they should be answered clearly so that once property is distributed, future ownership is not in question.
 
It sounds like this could easily turn into a big mess. I'm not sure why the police department would take other geckos as compensation for the victims unless all had agreed to this but even then I feel it could led to negative legal implications for the police department. I would think only a judge or jury could decide who gets what.
 
hhmoore said:
What exactly is the plan here?
It sounds as if Derek has turned over some geckos to Cpl Ury, which will, in turn, be turned over to Nathan for distribution (at additional cost) to the parties that paid for them.
Click to expand...

nsime said:
i think he is picking the geckos up,from derek in the morning of Wednesday,
Click to expand...

I don't think he actually has them yet. And if they aren't being picked up till Wednesday, there isn't much keeping him from stashing any at a friends to hold on to. And if Cpl Ury can't identify any, is he assuming Derek is going to do the right thing here?

I'm also doubting that Derek has at least $1500 plus is juvenile geckos. Personally, I know I wouldn't want to settle for sub par geckos. But has anyone received money back from a credit card company? It would be stealing from Derek to take all his geckos, especially if some people who bought Vegan are indeed getting their money back.
 
At this point, I would ask that those questions be relayed to me via email. I am all too happy to answer any questions, but not at the risk of "showing my hand". This IS a sticky situation and my first priority is to see that either the victims are compensated fully, if not possible, my second choice is to mitigate the damages to the victims. I live and work in a state that is less accommodating to law enforcement than it is to criminals. Not complaining, just stating the facts. Please feel free to email me and I will reply as soon as possible.
 
CplUry said:
At this point, I would ask that those questions be relayed to me via email. I am all too happy to answer any questions, but not at the risk of "showing my hand". This IS a sticky situation and my first priority is to see that either the victims are compensated fully, if not possible, my second choice is to mitigate the damages to the victims. I live and work in a state that is less accommodating to law enforcement than it is to criminals. Not complaining, just stating the facts. Please feel free to email me and I will reply as soon as possible.
Click to expand...

I am thinking it might not be in anyone's best interests to have such a distribution done in this case, with the complex multiple purchases. Let the courts distribute after reviewing the claims of ownership. Only then would future owners be protected. If this justice is such that it can't be explained in public, I have qualms about it going forward. I do not believe that the police, as much as I respect them, should make decisions about the distribution of private property in a complex case like this.
 
Lucille said:
I am thinking it might not be in anyone's best interests to have such a distribution done in this case, with the complex multiple purchases. Let the courts distribute after reviewing the claims of ownership. Only then would future owners be protected. If this justice is such that it can't be explained in public, I have qualms about it going forward. I do not believe that the police, as much as I respect them, should make decisions about the distribution of private property in a complex case like this.
Click to expand...

I agree. While I don't know for sure until they voice their thoughts, I'd say it's unlikely that those who purchased a certain gecko for $550, are willing to pay an additional shipping charge, likely upwards of $50, for unknown quality juvenile geckos.
 
There is no way that everyone will be pleased with an informal distribution. It seems to me like it is not fair to the lizards because it seems like there is a lot of shuffling around from one person to another being planned as they are processed for distribution. And what if someone purchased but is short of cash for a second shipping fee? Do they lose out?

It is not fair to the buyers who had certain lizards in mind because cresteds are so different from one another. And what if there are not enough lizards to go around? Will Derek's coffee pot and computer get shipped out in the name of justice?

There is another issue here as well. Today, it is Derek's cresteds. But tomorrow, it might be property of yours.
If the police can just hear one side, step in, and 'make it so', what happens when the inevitable scammer makes up a tale of woe about you? Someone knocking at your door to take your stuff?
 
While the distribution of property is usually left to the courts, these are live animals, the alternative to awaiting the length of a court to decide distribution I wouldd think is a long process. Animals to be kept as evidence, probably at a humane society (lack of specific care is almost a given but sometimes is avail :( ) so I think in some cases while it may look damageing to accept property in in place of an order I'm sure if all is documented - distribution also, should the need for certain unsatisfied individuals to file suit against the seller that I'm sure , having gone this far for everyone, Cpl. Ury would gladly provide a statement stating the uniqueness of the situation ( not the scam but the live animals involved) required a quick solution to ensure the survival of these expensive, possibly ill creature. Getting these geckos into stable proper surroundings will most likey be understood in court. I would keep any and all documentation regarding any exchanges still and use this time to gather evidence should one need to pursue that route.
 
I am at the victims' beck and call. I completely understand your concerns. If you prefer, I will simply submit the case to the court. In that case, the victims will have to come to the East Brookfield District Courthouse to testify. In many cases, that requires more than one hearing. Unfortunately, in Mass, no victim=no crime and the bad guy walks. Having lived in Tx, La, Ca, and other states, I know that other states are far more conservative and victim-friendly. Not so in Mass where we have far more restrictions on the prosecution than the defense.
 
Christina Vincent said:
While the distribution of property is usually left to the courts, these are live animals, the alternative to awaiting the length of a court to decide distribution I wouldd think is a long process. Animals to be kept as evidence, probably at a humane society (lack of specific care is almost a given but sometimes is avail :( ) so I think in some cases while it may look damageing to accept property in in place of an order I'm sure if all is documented - distribution also, should the need for certain unsatisfied individuals to file suit against the seller that I'm sure , having gone this far for everyone, Cpl. Ury would gladly provide a statement stating the uniqueness of the situation ( not the scam but the live animals involved) required a quick solution to ensure the survival of these expensive, possibly ill creature. Getting these geckos into stable proper surroundings will most likey be understood in court. I would keep any and all documentation regarding any exchanges still and use this time to gather evidence should one need to pursue that route.
Click to expand...

It doesn't matter if it's a unique situation it still has to be handled legally and I'm not sure if what they plan on doing is. If the cops cross the line then any statement they give will mean nothing to a judge.
 
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.
 
I understand that you are trying to help, and that you don't want to tip your hand too much, Cpl Ury; but there are a lot of questions that appear unanswered.
Distribution of geckos of undetermined value should not be deemed an acceptable option when these people paid premium prices for specific geckos. While "something is better than nothing" may work for some people, I suspect that it won't fly for many.

From the perspective of what can be done here, in this thread, this is taking on a whole new life as details emerge. I think that if anything other than identification of the specific (sold) geckos is going to be needed, I'm going to drag Rich in to say what will be allowed.
 
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