Top Shelf Exotics (Inquiry)

[TripleMoonsExotic]

This morning an Investigator from the New York State Attorney General's Office served Chris Johnson with an Order to Show Cause with Temporary Restraining Order regarding his conduct operating his business called Top Shelf Exotics.

Johnson has been charged by the Attorney General with violations of NYS Executive Law Section 63(12) and NYS General Business Law 22-A. Possible penalties include the enjoining of internet sales activities, complete restitution to all victims, a $500 penalty for each proven fraudulent act and the posting of a $50,000 bond.

The first court date is 9/27/06 at 9:30am in Buffalo.

Amazing!

I just wanted to congratulate everyone involved in this & I truly hope this finally gets settled!

 

[KNOBTAIL]

Were their any criminal charges filed

with this action. If I am not mistaken this is civil. I was hoping he would have been arrested, fingerprinted, photographed and an application for bail set. Anymore information would be appreciated.

 

[LadyOhh]

Hooray!!!

 

[maloreej222]

How sad... I used to be a member on the TSE forums. I had no idea it had come to this.

 

[Suncoast Herpetological]

with this action. If I am not mistaken this is civil. I was hoping he would have been arrested, fingerprinted, photographed and an application for bail set. Anymore information would be appreciated.

My understanding is that if the order was served by the State Attorney General, this is a Criminal proceeding.

 

[joepythons]

time

Its about time they did this .Someone notify Bubba that Chris is on his way .It will be very interesting to hear what his excuses are.Are any of the members going to this first appearance of his? Not trying to cause trouble just wanting to hear what he says to the judge.

 

[KNOBTAIL]

John, i would hope you were correct,

but if he has not been arrested, for some criminal charge, I think it may fall under some civil penalty. I was really hoping for a grand jury investigation.
Now you may see some attempt for personal bankruptcy. For all we know this could have already occurred. Lets see how this progresses.

 

[shep151]

but if he has not been arrested, for some criminal charge, I think it may fall under some civil penalty.

Nah, not necessarily. It just means they consider it minor enough to not clog up the local jail with someone awaiting a hearing.
It happens pretty often. Unfortunately, it's also where most "Failure to Appear" charges come from...

I agree, however, that it's best to wait and see how it plays out...

 

[crotalusadamanteus]

Glad to see some forward progress going on. I hope for the best for all who have been taken by Chris.

Fingers crossed for you's
Rick

 

[Jim O]

Unfortunately not all actions brought by the Attorney General of NY are criminal in nature. Remember the Microsoft lawsuit brought by the US Attorney General and the Attorneys General of several states.

From http://www.theinquirer.net/default.aspx?article=11649:

The Attorney General of the State of New York has authority under: (a) NY Executive Law §63(12), which authorizes the Attorney General of the State of New York to seek injunctive relief, restitution, damages, and costs against any person or business entity which has engaged in repeated fraudulent or illegal acts or otherwise engaged in persistent fraud or illegality in the conduct of business; and (b) NY GBL Article 22-A which authorizes the Attorney General of the State of New York to seek injunctive relief, restitution, and penalties when any person or business has engaged in deceptive business practices."

Directly from General Business Law Article 22-A (see http://caselaw.lp.findlaw.com/nycodes/c44/a46.html)

S 350-d. Civil penalty. Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices stated in this article to be unlawful shall be liable to a civil penalty of not more than five hundred dollars for each violation, which shall accrue to the state of New York and may be recovered in a civil action brought by the attorney-general. In any such action it shall be a complete defense that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the Federal Trade Commission or any official department, division, commission or agency of the state of New York.

Sorry to rain on the parade but this is a civil action only it would seem. Not to say that criminal charges cannot be filed in the future, but this is not what this appears to be.

 

[KNOBTAIL]

Jim, thats what I was afraid of,

the end result maybe some watered down culpability which will result in Chris not to be able to use the internet as a business for x number of years, etc. Taking into consideration that their may be fines imposed as well. Restitution will be out of the question because he will most certainly file for banckruptcy protection. Their are no debtor prisons in the US !

I wish someone would contact the detective handling the case and find out exactly why their was no criminal liabilities attached to this. If this is the worst outcome for the perpetual ripping off of so many people, its pathetic.
What happened to Fraud, or Theft of Service ?

 

[SVT Snake]

Johnson has been charged by the Attorney General with violations of NYS Executive Law Section 63(12) and NYS General Business Law 22-A. Possible penalties include the enjoining of internet sales activities, complete restitution to all victims, a $500 penalty for each proven fraudulent act and the posting of a $50,000 bond.

Why is Chris not being charged in criminal court?
The answer is that the Erie County DA did not want to. Possible charges could have included Grand Larceny 3rd and Scheme to Defraud 1st. Without the DA's consent no criminal charges could have been filed. The AG was the other alternative and in the end a good one at that.

Why did this take so long?
Over the summer the NYSP suffered through a manhunt of 5 months in the Buffalo, NY area that. During that time the fugitive sought shot three NY State Troopers. Much manpower and time was shifted rightfully to that case which slowed other investigations, including this one, to a crawl.

 

[shep151]

Why is Chris not being charged in criminal court?
The answer is that the Erie County DA did not want to.

I guess he's got plenty of more important cases to bring before the court.

Given the fact that we have no other explanation, that sounds like yet another "It's just a bunch of slimy snakes" reaction.

 

[Suncoast Herpetological]

Given the sheer number of complaintants the $500 fine per occurence soes have some teeth at least. I agree that it's a shame no jail time is forthcoming from the current charges.

 

[critical bill]

I just don't know what to say. I gotta hope he gets hit by a car on his way to court and accidentally run over again by the arriving ambulance.

 

[shrap]

But we can all feel better in knowing that if Chris had ripped off large corporations of just 1/10 the money he ripped off the common citizen for, he would have been prosecuted to the fullest extent of the law.

 

[christopher66]

Why did this take so long?
Over the summer the NYSP suffered through a manhunt of 5 months in the Buffalo, NY area that. During that time the fugitive sought shot three NY State Troopers. Much manpower and time was shifted rightfully to that case which slowed other investigations, including this one, to a crawl.

Why ,after this was posted ,did people STILL want to complain about why it took so long.
Ive followed this thread some and stayed out because i wasn't effected by the guy..But When i see the above post and then people with the audacity to still complain,it bothered me.
I'm surprised there are still some here that doesn't seem to understand how the judicial process works.Ya all went over it at least a hundred times.
You should be thankfull something has finally been done.
Go ahead and bash me now..why..Because three dead Troopers took precedent over your problems.

 

[christopher66]

Why ,after this was posted ,did people STILL want to complain about why it took so long.
Ive followed this thread some and stayed out because i wasn't effected by the guy..But When i see the above post and then people with the audacity to still complain,it bothered me.
I'm surprised there are still some here that doesn't seem to understand how the judicial process works.Ya all went over it at least a hundred times.
You should be thankfull something has finally been done.
Go ahead and bash me now..why..Because three dead Troopers took precedent over your problems.

dead - i dont know ,may be just shot...but still!

 

[shrap]

Why ,after this was posted ,did people STILL want to complain about why it took so long.

Excuse me? Since that was posted NOT ONE PERSON has said a thing about how long this took. Only thing that anyone has said is that they are disappointed that more serious criminal charges were not filed.

 

[KNOBTAIL]

Chris,

the fact that the death of 3 state police officers occurred, really had no bearing on the outcome of or the length of time it took to reach the conclusion that was made. Apparently, the DA's office felt that their was insufficient evidence to pursue a criminal indictment. Secondly, the DA's office have their own investigators and can bypass the police anytime. They very easily could have arrested Chris, brought him to the nearest station house (which is required) and gone through the arresting procedure without Detective Brown if he was so busy with the manhunt. But let me remind you, their were at least a dozen other agencies involved in that as well.

The bottom line is that if Chris is a resident, and has been in that area for quite some time, more than likely will avoid any bond or may be liable for 10% unless the attornys who are representing him cut a deal with the DA's office. In the end, he probably will be banned from re entering the animal business for x number of years, and that will probably include the sales through the internet. Basically a slap on the wrist for all the damage he has done.