Question for Heritage and comiclink reps wrt Burkey admission 2 2

[Peter G]

That is why my solution was the only real one. Sure there is a bunch of chest pounding .....but it is just talk... Nobody is gonna do anything about it... So to all of us who overpaid, lost art we should of won, and all the persons affected indirectly... We get "sorry"..., and that is it... We are all talk and no action... The auction houses says everything is ok, Mike says I won't do it again....that is what they are counting on.... Now my question is are they right about us?

 

The easiest solution is vodous suggestion unless one of us wants to certify a class.

[Meeley Man]

That is why my solution was the only real one. Sure there is a bunch of chest pounding .....but it is just talk... Nobody is gonna do anything about it... So to all of us who overpaid, lost art we should of won, and all the persons affected indirectly... We get "sorry"..., and that is it... We are all talk and no action... The auction houses says everything is ok, Mike says I won't do it again....that is what they are counting on.... Now my question is are they right about us?

 

Based on my experiences and observations of this "community," I'd have to say "yep, they are." Someone on one of these threads (I think it was Doc Joe) put it best, by saying that many collectors would deal with Hitler himself, to get a piece of art they wanted. That pretty much tells you what you need to know right there. And HA and Mike undoubtedly know that, too.

[Meeley Man]

I spoke with HA in the last two days. I was informed that they believe that I paid the FMV on the auctions I won. They advised that Mike did not bid on the items I won. They could not advise if any "friends" bid on the items as they do not know who the "friends" are or were. The representative I spoke with advised they had received a lot of phone calls about the situation. He also stated that Mike wrote an apology.

 

so basically a CYA "nothing to see here, move along" with no substance.

 

I can understand not wanting to publicly name the shill proxy bidders, but they should be named to the auction houses. otherwise, the apology is just empty words. no way to verify or audit what went on.

 

Pretty much what I expected from HA. At least at this point. The only real pressure they (or Mike) will likely take seriously, that would get their notice and make them look to do more, would be to hit them where it would hurt... right in the wallet. But, knowing this "community" as I do, I don't see that happening, so this is about all you can expect to happen. It'll all blow over in a couple weeks and folks will go back to their usual buying patterns. That is what HA and Mike are banking on. And my experiences tell me they have valid reasoning to expect such.

[Peter G]

I spoke with HA in the last two days. I was informed that they believe that I paid the FMV on the auctions I won. They advised that Mike did not bid on the items I won. They could not advise if any "friends" bid on the items as they do not know who the "friends" are or were. The representative I spoke with advised they had received a lot of phone calls about the situation. He also stated that Mike wrote an apology.

 

so basically a CYA "nothing to see here, move along" with no substance.

 

I can understand not wanting to publicly name the shill proxy bidders, but they should be named to the auction houses. otherwise, the apology is just empty words. no way to verify or audit what went on.

 

Pretty much what I expected from HA. At least at this point. The only real pressure they (or Mike, even) that would get their notice and make them look to do more, would be to hit them where it would hurt... right in the wallet. But, knowing this "community" as I do, I don't see that happening, so this is about all you can expect to happen. It'll all blow over in a couple weeks and folks will go back to their usual buying patterns. That is what HA and Mike are banking on. And my experiences tell me they have valid reasoning to expect such.

 

Yes, maybe but maybe not too.

 

There is a civil suit here for sure even if nobody wants Mike to go to jail. I smell money.

[Doc Joe]

Thank God this thread is back!!!

 

Nipples, Knives and All! This person_without_enough_empathy won't die!

[AnWARtheart-migration]

 

 

Tell your story

 

http://classactioncentral.com/

[Doc Joe]

And Jaybuck please refrain from ever telling me "how things work"

 

Dude, for real. You cant lambast him in one section for not providing him with a sufficiently lawyerly answer then berate him when he does.

 

Overruled!

[Peter G]

And Jaybuck please refrain from ever telling me "how things work"

 

Dude, for real. You cant lambast him in one section for not providing him with a sufficiently lawyerly answer then berate him when he does.

 

Overruled!

 

I have been consistent.

 

Jaybuck just gives his opinion and masquerades it as legal advice.

 

The advice is always bad advice. Always !

 

I still haven't figured out if it's purposeful or if he is just a really bad lawyer.

 

But I don't care his intentions anymore. He is a dangerous poster.

 

 

 

 

[Mxwll Smrt]

Mike, on your post (#9114012 - 01/20/16 02:29 AM) you stated "i've worked out numerous deals with other collectors to get a hundred or so back if I felt the prices at auction were undervalued and I could sell it for more on my website in the future if I just give it time"...

 

Help me understand how you did this...

[eewwnuk]

 

Pretty much what I expected from HA. At least at this point. The only real pressure they (or Mike) will likely take seriously, that would get their notice and make them look to do more, would be to hit them where it would hurt... right in the wallet. But, knowing this "community" as I do, I don't see that happening, so this is about all you can expect to happen. It'll all blow over in a couple weeks and folks will go back to their usual buying patterns. That is what HA and Mike are banking on. And my experiences tell me they have valid reasoning to expect such.

 

media coverage would also get peoples attention

[Richard Oh]

 

Pretty much what I expected from HA. At least at this point. The only real pressure they (or Mike) will likely take seriously, that would get their notice and make them look to do more, would be to hit them where it would hurt... right in the wallet. But, knowing this "community" as I do, I don't see that happening, so this is about all you can expect to happen. It'll all blow over in a couple weeks and folks will go back to their usual buying patterns. That is what HA and Mike are banking on. And my experiences tell me they have valid reasoning to expect such.

 

media coverage would also get peoples attention

 

Surprised Bleedingcool hasn't posted about this.

[jaybuck43]

jaybuck, that's a stretch that he would miraculously know the winners of 100 pieces.

 

In the real world I agree with you, but in a legal sense you have to prove it beyond a reasonable doubt in a criminal trial (i.e. wire fraud) or based on a preponderance of the evidence that it is more likely than not in a civil trial. So all Mike's lawyer(s) would need to do in a criminal trial is poke enough holes that one juror is not 100% convinced that Mike did it and that is the end of that conviction. Now as to the civil matter, then you stand a better chance but you still have to put together some evidence that Mike colluded with these individuals to reacquire the pieces. On top of the fact that you have to still prove the other elements of whatever you are suing him over. (This case will never see the light of discovery if the case is not brought on the merits, it has to be able to withstand a 3211 motion.)

[Peter G]

jaybuck, that's a stretch that he would miraculously know the winners of 100 pieces.

 

In the real world I agree with you, but in a legal sense you have to prove it beyond a reasonable doubt in a criminal trial (i.e. wire fraud) or based on a preponderance of the evidence that it is more likely than not in a civil trial. So all Mike's lawyer(s) would need to do in a criminal trial is poke enough holes that one juror is not 100% convinced that Mike did it and that is the end of that conviction. Now as to the civil matter, then you stand a better chance but you still have to put together some evidence that Mike colluded with these individuals to reacquire the pieces. On top of the fact that you have to still prove the other elements of whatever you are suing him over. (This case will never see the light of discovery if the case is not brought on the merits, it has to be able to withstand a 3211 motion.)

 

[AnWARtheart-migration]

jaybuck, that's a stretch that he would miraculously know the winners of 100 pieces.

 

In the real world I agree with you, but in a legal sense you have to prove it beyond a reasonable doubt in a criminal trial (i.e. wire fraud) or based on a preponderance of the evidence that it is more likely than not in a civil trial. So all Mike's lawyer(s) would need to do in a criminal trial is poke enough holes that one juror is not 100% convinced that Mike did it and that is the end of that conviction. Now as to the civil matter, then you stand a better chance but you still have to put together some evidence that Mike colluded with these individuals to reacquire the pieces. On top of the fact that you have to still prove the other elements of whatever you are suing him over. (This case will never see the light of discovery if the case is not brought on the merits, it has to be able to withstand a 3211 motion.)

 

The admission is the starting point. Everything works out from there based on the COA.

[Mmehdy]

Mike, on your post (#9114012 - 01/20/16 02:29 AM) you stated "i've worked out numerous deals with other collectors to get a hundred or so back if I felt the prices at auction were undervalued and I could sell it for more on my website in the future if I just give it time"...

 

Help me understand how you did this...

.

 

 

Mike, you owe the board an explanation....we are waiting

[jaybuck43]

I understand your points except I don't follow from this post or your previous one about what you see as the process with which to best get information. You're describing how they can block attempts to get cell phone info but what are your thoughts on how to actually get any info?

 

The whole reason (I presume) for those posting in a manner which you find aggressive is because there's a perception by some that precious little info will come without pressure.

 

Can you reconcile those thoughts for me; explain why you think cooling anything is a more effective way of extracting info? Because I very much think that's the question in the mind of the more hawkish types.

 

Bronty I understand where you are coming from. Ideally I would have wanted it to stay somewhat contained when this first started and not have threats of lawsuits etc. so that Mike would be compliant and discuss what happened. That ship has sailed.

 

As to what "We" can do? There isn't much unless someone wants to bankroll this. Investigations are expensive. So are court cases. If the idea is to investigate the auctions, then someone has to get Heritage to disclose the buyers, then those people have to be contacted, give statements, have those statements run down and checked, etc. and maybe at that point there is enough evidence to go forward with a civil case. And that is of course if Heritage is willing to disclose (I doubt they are)

 

I advise the cooling down because it allows for people to become calmer and more ready/open to speak. I highly doubt anyone is going to come forward and say "yea I did it because Mike asked me to" if there are people on here posting that we need to round up every co-conspirator, kick their doors in and try them for wire fraud and then sue them into the third moon.

[Peter G]

Mike, on your post (#9114012 - 01/20/16 02:29 AM) you stated "i've worked out numerous deals with other collectors to get a hundred or so back if I felt the prices at auction were undervalued and I could sell it for more on my website in the future if I just give it time"...

 

Help me understand how you did this...

.

 

 

Mike, you owe the board an explanation....we are waiting

 

Mitch,

 

You will be waiting a long time because Mike will not be posting on this subject any more. Surely he has spoken with counsel and will say no more on this subject. Jaybuck and Chris have been pretty revealing in their posts that we should all just go away now.

[AnWARtheart-migration]

I understand your points except I don't follow from this post or your previous one about what you see as the process with which to best get information. You're describing how they can block attempts to get cell phone info but what are your thoughts on how to actually get any info?

 

The whole reason (I presume) for those posting in a manner which you find aggressive is because there's a perception by some that precious little info will come without pressure.

 

Can you reconcile those thoughts for me; explain why you think cooling anything is a more effective way of extracting info? Because I very much think that's the question in the mind of the more hawkish types.

 

Bronty I understand where you are coming from. Ideally I would have wanted it to stay somewhat contained when this first started and not have threats of lawsuits etc. so that Mike would be compliant and discuss what happened. That ship has sailed.

 

As to what "We" can do? There isn't much unless someone wants to bankroll this. Investigations are expensive. So are court cases. If the idea is to investigate the auctions, then someone has to get Heritage to disclose the buyers, then those people have to be contacted, give statements, have those statements run down and checked, etc. and maybe at that point there is enough evidence to go forward with a civil case. And that is of course if Heritage is willing to disclose (I doubt they are)

 

I advise the cooling down because it allows for people to become calmer and more ready/open to speak. I highly doubt anyone is going to come forward and say "yea I did it because Mike asked me to" if there are people on here posting that we need to round up every co-conspirator, kick their doors in and try them for wire fraud and then sue them into the third moon.

 

This doesn't need to be bankrolled at the class action level. All you need to find is someone willing to take the case. I suggest starting here.

 

http://classactioncentral.com/

 

There is ample evidence for a solid case based on the admission alone. Mike's privileges against self incrimination are irrelevant here. There are many ways to skin a cat without Mikes testimony or cooperation. In fact, his admission is all that's really needed which he has given. Why are you defending wrong behavior in such NON-OBJECTIVE fashion by downplaying case viability?

[Mmehdy]

Mike, on your post (#9114012 - 01/20/16 02:29 AM) you stated "i've worked out numerous deals with other collectors to get a hundred or so back if I felt the prices at auction were undervalued and I could sell it for more on my website in the future if I just give it time"...

 

Help me understand how you did this...

.

 

 

Mike, you owe the board an explanation....we are waiting

 

Mitch,

 

You will be waiting a long time because Mike will not be posting on this subject any more. Surely he has spoken with counsel and will say no more on this subject. Jaybuck and Chris have been pretty revealing in their posts that we should all just go away now.

.

 

That is why the donation by Mike, coupons from auction houses would have gotten some type of justice or repair... And to play fair...we all have to be more vilgent in our "blind" purchases from here on out...lession learned

Edited January 27, 2016 by Mmehdy

[Mxwll Smrt]

Mike, on your post (#9114012 - 01/20/16 02:29 AM) you stated "i've worked out numerous deals with other collectors to get a hundred or so back if I felt the prices at auction were undervalued and I could sell it for more on my website in the future if I just give it time"...

 

Help me understand how you did this...

.

 

 

Mike, you owe the board an explanation....we are waiting

 

Mitch,

 

You will be waiting a long time because Mike will not be posting on this subject any more. Surely he has spoken with counsel and will say no more on this subject. Jaybuck and Chris have been pretty revealing in their posts that we should all just go away now.

.

 

That is why the donation by Mike, coupons from auction houses would have gotten some type of justice or repair... And to play fair...we all have to be more vilgent in our "blind" purchases from here on out...lession learned

 

Please... I know that everyone has their perceptions/ opinions/ experience but please wait for him to either respond or stay silent regarding how the "deals" were worked out.

 

Again....

 

Mike, on your post (#9114012 - 01/20/16 02:29 AM) you stated "i've worked out numerous deals with other collectors to get a hundred or so back if I felt the prices at auction were undervalued and I could sell it for more on my website in the future if I just give it time"...

 

Help me (us) understand how you did this...