Thursday, April 17, 2014

DOWN THE DOCUMENT TRAIL (Who needs rabbit holes?)

DOWN THE DOCUMENT TRAIL (Who needs rabbit holes?)

For additional details, see the blog posts listed at the bottom of this posting


FYI

---------- Forwarded message ----------
From: Anglen, Robert  
Date: Sun, Sep 28, 2014 at 9:40 AM
Subject: Story on camelback consign
To: Glenn Michaels 



Story is in today's paper. Your blog is mentioned prominently in the story. Thanks for all of your help. Here is a link:


http://www.azcentral.com/story/money/business/consumer/call-12-for-action/2014/09/28/missing-painting-returned-owner/16373445/


IT STARTED WITH A CONTRACT

IN THE END IT WAS ALL A FRAUD

Subtitle: All Is Lost


Below you will find:



FIRST CONTRACT 

Signed on July 9, 2013. Consignor to receive 65%. Check to be issued on 12th
 of month following the sale. Firm bears no responsibility for loss or damage
 due to theft...

Sample Page from Inventory (1 of 53 Pages)
Of which Mike received a copy

Items picked up by Justin Burns and Paulo for Camelback Consign & Design
on July 16, 2013. Inventory prepared by Candy & Otto, my sister and brother-in-law.








































Photographic Inventory by Lot Number
(Not all items included here.)
All consigned items documented with photos, by lot number, corresponding to written inventory. 










All items associated with lot numbers 





























Minimum Prices Specified in Inventory: Example 1

Question marks - added later - identify a drum and corbels that were apparently not
sold at the specified minimum.




The minimums for these two items were referenced in the preceding image.
































































Minimum Prices Specified in Inventory: Example 2








































Many Minimums Were Also Specified in a Photo Inventory 
Provided to Mike Burns


Mike Burns repeatedly promised to deliver a list of sales prices for my review. Never happened.
 Thus, no insurance could be obtained.


JULY SALES REPORT 

This is the first sales report received from Camelback Consign & Design. Some  listings include inventory numbers originally provided by my sister and I. In later sales reports, fewer and fewer inventory numbers were provided. As a result, it was impossible to be sure exactly what items were sold, when. Moreover, the item descriptions were often so generic as to be useless. 



Check for period received on 9/13/13 - one month late per contract. 
Mike Burns reported selling painting listed here as sold at $900 
(Layaway  $1200)  for $4100, verbally, when I inquired about the surprisingly
 low sales price. 



The following table lists all items from the preceding sales report, accompanied by identifying photos, when I could identify the item. Actual sales prices are contrasted with estimated values (in blue) provided by Mike Burns. As it happens, he had evaluated much of the estate before I received it.
Photos accompany items listed as sold that I was able to identify. Where photos are missing, I was
 unable to determine exactly what was actually sold.




















































































NSF CHECK

Did I mention that the check bounced? It did.
















NSF CHECK WAS MADE GOOD ON DECEMBER 5, 2013

THANKS TO CALL 12 FOR ACTION (Volunteer: Maury)

THIS IS THE ONLY MONEY I HAVE RECEIVED FROM MICHAEL 
BURNS AND CAMELBACK CONSIGN & DESIGN FOR ALL ITEMS SOLD 
AND ALL ITEMS NOT RETURNED.  The third paragraph makes
 explicit that additional claims are outstanding. 














JULY- AUGUST SALES REPORT 





















The following table lists all items from the preceding sales report, accompanied by identifying photos, when I could identify the item. Actual sales prices are contrasted with estimated values (in blue) provided by Mike Burns. As it happens, he had evaluated much of the estate before I received it.







SEPTEMBER SALES REPORT 

The "urns" referenced in line five are actually a pair of very handsome,
antique bronze jardinieres (planters) from the estate of Orson Welles,
standing 32" high. See images below.





























The following table lists all items from the preceding sales report, accompanied by identifying photos, when I could identify the item. Actual sales prices are contrasted with estimated values (in blue) provided by Mike Burns. As it happens, he had evaluated much of the estate before I received it. 





















































































OCTOBER SALES REPORT 

RECEIVED IN FEBRUARY

I couldn't identify any of the items listed 
in this sales report with certainty.






















SECOND (ABORTIVE) CONTRACT (7 PAGES)
WRITTEN WITH MIKE BURNS 10/24/13


That week, Mr. Burns told me that I would receive payment on Wednesday, then Thursday and finally, on Saturday. In fact, that Thursday, he asked me to come in to the store around 8 AM to work out an arrangement.

Just to be done with the whole damned estate, I  had offered to sell him everything he'd had to begin with, plus a few other items, for $40,000. I simply wanted the nightmare to be over! (At this point, I had already taken back all of the unsold items that could be found in the store.)

Burns seemed genuinely excited by the offer. 

We sat at a table in the back of the front room and generated the following proposal. He wasn't very happy with my introduction. The fact is, I wasn't happy either. And I wanted Burns' “unnamed” investor  - the guy who Mike said was going to underwrite this deal  - to know why. (Self-righteousness is invariably stupid, you know?) 

 Burns assured me the whole wouldn't take long at all. I was to wait, in the store with Vera and Millie, till he came back with the money.   “I’ll be back shortly, he said. Hours went by. I called my manager and filled her in on the situation. Ultimately, I called Burns three times in the course of the day. He assured me each time that his meeting was imminent. I ended up waiting all day.

 Burns ultimately returned around 5 PM. He reported that the investor’s lawyers had insisted on reviewing the agreement and the numbers. He would have the money by Saturday.

 He didn’t. 


.












THIRD (ABORTIVE) CONTRACT (9 PAGES)
WRITTEN WITH MIKE BURNS around Feb. 1, 2014

The settlement offer by Mike that resulted in the following contract came in the last week of January 2014 was completely unexpected. He called - after my second week on the picket line in front of the store - and said that he wanted to put our dispute behind him. He wanted me out of his life.  
We met several times to compare lists of missing items and values. Ultimately, Mike seemed to think my my valuations were extremely close to his estimates. 
He told me that he had been diagnosed with cancer and really wanted to clean up his karma and move on. I have to be honest, he seemed genuinely upset. I believed him.  And I tried to give him a little hope. Most folks beat cancer today, I said. He would, too.  
Why on earth would he want to waste hours and hours reviewing figures with me if he didn't intend to fulfill his part of the bargain?
I don't know. I'm not even sure if he does.
His idea was to pay me in three installments. Later that same day (Saturday). The following Monday. And finally, the balance on the following Friday.
Somehow, the money he said he already had kept turning into money he was trying to get.  I waited around ten days, and then resumed my picketing of the store. 

Settlement Agreement


This agreement is entered into by and between GLENN S. MICHAELS (“Glenn”), individually and Mike Burns (“Mike”), individually and as owner of Camelback Consign and Design, in Phoenix, Arizona, both of whom are sometimes collectively referred to herein as the “Parties” or either of whom may be singularly referred to as a “Party.”


RECITALS:

A.                 On July 9, 2013, Glenn S. Michaels (“Glenn”), representing himself, and Mike Burns (“Mike”), owner of Camelback Consign and Design, in Phoenix, Arizona, entered into a three-month contractual agreement whereby Mike agreed to accept items for consignment from Glenn. The agreement specified that Glenn would receive 65% of the proceeds from items sold as of the 12th of each following month. Glenn set minimum prices for a limited number of the items consigned for sale.
B.                 For the period from July 9 and October 9, 2013, Mike reported sales totaling $15,966.10. The 65% of that sum due Glenn amounted to $10,377.96.
C.                 On September 13, 2013, Glenn received an initial payment of $2,140.40 (Check #1327). Unfortunately, it was dishonored. On December 5, 2013, Mike paid Glenn $2,200.00.
D.                 Upon the expiration of the contractual agreement, Glenn retrieved a large number of unsold items from Camelback Consign and Design. Glenn subsequently determined that approximately 80 items were unaccounted for. He also came to suspect that some of the items with minimum prices were sold for less than those minimums.

AGREEMENTS

  1. Both parties to the original agreement now wish to come to a final and equitable settlement of the outstanding issues. The Parties incorporate the Recitals outlined above and the content of this Settlement Agreement.
  2. Balance Due for Items Sold. Mike has given Glenn sales reports for the months of July, August, September and October. True and correct depictions of such items are attached hereto as Exhibit “A” and are incorporated herein by reference. Glenn agrees to accept the amount of $3,724.93 from Mike as full satisfaction of the outstanding balance owed for sale of the items in Exhibit “A”.
    1. eXception I: With the exception of the several items identified below in Exhibit “C” and discussed in Section 6.
  3. Reimbursement for items not sold and not returned. Glenn has given Mike a list of items that were not accounted for in the sales reports and were not returned to him. True and correct depictions of such items are attached hereto as Exhibit “B” and are incorporated herein by reference. Glenn agrees to accept the amount of $__________ from Mike and acknowledges that this sum fully reimburses him for the items in Exhibit “B”.
    1. With the exception of the several items identified below in Exhibit “D”.
  4. Initial Payment toward satisfaction of the balance Due
    1. Glenn and Mike agree that Mike will provide invoices to document the cost of the repairs made to the items sold on Glenn’s behalf.
    2. Glenn and Mike agree that the cost of repairs for items sold or not returned will be deducted from the gross amount of the sum total of values listed in Exhibit “B.”  The net total of the items in Exhibit “B” will then be multiplied by 65% to determine the balance owed to Glenn for those items.
    3. Mike agrees to find the sales invoice for the item listed in Exhibit “B” (Large, striding Bronze Soldier w/ sword [Mercury] and pay Glenn 65% of the difference between his listed value of $750 and the actual sale price, should it be higher. Glenn and Mike agree that the amount in question will be added to the total balance due Glenn for the items in Exhibit “B”.
    4. Mike agrees to pay Glenn 65% of the net value for items listed in Exhibit “B” after calculating in the respective values for paragraphs 3.A-C.  Glenn agrees to accept that amount as full satisfaction of his claims for the items listed in Exhibit “B”, with the exceptions listed below.
·         eXception II: With the exception of the several items identified below in Exhibit “C” and Exhibit “D” and discussed in Section 6.
    1. Mike agrees to pay Glenn  $__________ on Saturday, February 8, 2014, as partial satisfaction of the full amount owed for Sections 2 – 3 and Exhibits “A” and “B”, described above in the form of:
·         a Cashiers’ Check ___ (initial gsm) ____ (initial MB)
·         Cash ___ (initial gsm) ____ (initial MB)
    1. Glenn hereby accepts this sum as a partial payment of the full balance due for items sold and identified under Sections 2 – 3 and Exhibits “A” and “B”. 
  1. Returned items. glenn and Mike agree that Mike will return to Glenn certain items that either sold or did not sell but were not previously returned to him. In the event that Mike is unable to return these items, as listed in Exhibit “C” and Exhibit “D”, Glenn and Mike agree that Mike will reimburse Glenn for those individual items at 65% of the values listed for those items, in Exhibit “C” and Exhibit “D”. In either case, Mike and Glenn agree that Mike will either return the items or reimburse Glenn for them on or before Friday, February 14, 2014. True and correct depictions of such items are attached hereto as Exhibit “C” and “D” and are incorporated herein by reference. Mike agrees to turn those items over to Glenn for pickup or to deliver them to Glenn promptly, at one or two locations to be determined, depending on the items involved, at no charge at a time to be agreed upon by the Parties. Mike agrees to deliver items he is returning to Glenn in substantially the same condition as they were received from Glenn.  
  2. RELEASES. Upon execution of this Settlement Agreement and upon receipt of the funds and items to be delivered to Glenn, the Parties mutually release and discharge each other with respect to the matters provided in this Settlement Agreement. Glenn agrees and acknowledges (a) that all of the property delivered to Glenn under the terms of the Settlement Agreement constitutes the entire universe of the property that Glenn is entitled to receive from Mike and (b) that the property delivered to Glenn under the terms of the Settlement Agreement constitutes all of the property that Glenn is ever entitled to receive from Mike, and waives all other claims for property, damages or any other claims or causes of action against the Mike.
Likewise, upon receipt by Glenn of the Funds and Items described in this Settlement Agreement, and upon the execution of this Settlement Agreement, Mike agrees to waive any claims for damages or other causes of action against Glenn. Mike forever releases any and all claims against Glenn, including, but not limited to claims to property, damages, or any other claims or causes of action.

IN WITNESS WHEREOF, each of the Parties, in their respective capacities as noted below, has executed this Settlement Agreement as of the date stated below to the left of their signatures.
_________________________, 2013                                                                                   
Date                                                                 Glenn S. Michaels, individually

_________________________, 2013                                                                                   
Date                                                     Mike Burns, individually and as the own of   Camelback Consign and Design, Inc., Phoenix, Arizona



EXHIBIT A: SALES REPORTS

FOR JULY – OCTOBER 2013

THESE ARE DEPICTED ABOVE. 



EXHIBIT B: MISSING ITEMS



















EXHIBIT C:

  

       EXHIBIT D:




MISSING & WANTED:

The following are selected items that were either not accounted for not returned and for which I received no reimbursement or items sold but for which I wasn't paid (in full). 

The third contract, referenced above, in Section B, lists all the  items UNACCOUNTED FOR. The rest of the items are listed in the sales reports, however cryptically described. The estimated retail value - determined with and agreed to by Michael Burns - of Section B items was determined  to be $19,710.  The amount outstanding for items sold is in the neighborhood of $8000.

Many sales values, in my opinion and based on research, were ridiculously low. 

As time allows, I will add to this list. Some items are referenced elsewhere in this blog. 





THIS IS NOT THE END!

Sooner or later, most of us are the victims of a scam. It's embarrassing. Too many do the stiff upper lip thing and never let on. As a result, the scammer goes on to create more misery. If this happens to you, let the rest of us know. Don't let bad people do unto others what they did to you.


Because Outing Evil is an Angelic Act!


DON'T KID YOURSELF. 
Mike Burns wasn't born yesterday. He wasn't born on the Fourth of July, either. NOPE. Mike Burns was born on 9/11 in 1952. He was destined. 



I don't know if the truth will set you free. But fuss loud enough with a big 'nough bunch a friends and I swear folks 'll do near anything to get you to shut up. Fast as they can. 

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