WARNING about Charles Podvarko- deadbeat

[madmax-im]

Not that this should effect the XS11.com right to bann this jerk, but, as much as I hate to say this, the discussion of filing mail fraud charges just would not be supported by what I have read so far.

I only say this because, as I read it, only Andreas used the mail, and only to deliver the parts. The transaction itself was done entirely on Channel 11 or by email from what I have read. Unless Charlie the chump sent a letter or some mailing to Andreas promising the payment or such, he did NOT use the mail to perpetrate the fraud. I know, party pooper is me. Just hate to see someone running aorund misinformed on such a matter. Now someone who knows more come and tell me I am the misinformed.

People use the inernet to committ all sorts of crimes...and its not as uncommon to hear of people being caught arrested and prosecuted as such...so I would not be surprised to find that this deadbeat could indeed be charged and prosecuted. While it isnt truly mail fraud it is internet email fraud. If Andreas has copies of the communications sent to him..I do not see why this couldnt be used as evidence. If pedophiles can be arrested with just suggesting to meet underage kids..even in a sting then I would think there are more laws governing the internet that would deal with this deadbeat situation...

[DGXSER]

Don't get me wrong. I am sure that that what has occurred is a breach of contract for sure. and it's only the anal retentive engineer in me that insist on disecting the issue. I truly think the guy deserves whatever happens in the form of bad Karma or "accidental" situations.

However, our system of justice, as far as I know, has not made it a criminal offense to not pay on a promised or contract debt as of yet. If they had, alot of my former clients would be making little rocks out of big rocks, believe me!! Once you go to court and they are ordered by a court to pay. Even then, your still basically on your own to get them to pay. You have to use the legal system to garnishe wages and such.

The issue with that to catch a child molester or whatever show, is that, that in and of itself is a crime. As I stated, internet is actually one of the most tracable forms of communication, even easier than the mail. And very easy to document where it came from and what computer. the only reason I know of that they have to to get the people to show up at the house is that its the only way to prove who was behind the key board typing the stuff. So its not the use of the internet to make the appointment, its the act of agreeing to do it in any form of communication and then showing the overt act of showing up at the house to "cement the deal" that makes it a crime.

Again, sorry to be so nit picky, call it an illness. I agree the guy is a class A terdball and needs to be made to pony up in one way or another. I think it is a sad statement of our society today that the law would come after you and prosecute you to the fullest for giving such a person a class 1 A##whoopin, yet do nothing about him not paying in the first place. None the less, legally speaking, it is what it is. JMHO

[madmax-im]

I dont disagree with anything you have stated.In fact I agree with all of it...it is unfortunate that good people that are trusting especially fellow XSives get screwed in this way...I do believe that this deadbeat will reap the bad karma that is coming his way.
The only reason I chose to relate to pedophile crimes was to illustrate that internet crimes can and do occur everyday. I dont think this breach of contract compares to the internet predators of children ,but this deadbeat is a predator of sorts nonetheless.

Don't get me wrong. I am sure that that what has occurred is a breach of contract for sure. and it's only the anal retentive engineer in me that insist on disecting the issue. I truly think the guy deserves whatever happens in the form of bad Karma or "accidental" situations.

However, our system of justice, as far as I know, has not made it a criminal offense to not pay on a promised or contract debt as of yet. If they had, alot of my former clients would be making little rocks out of big rocks, believe me!! Once you go to court and they are ordered by a court to pay. Even then, your still basically on your own to get them to pay. You have to use the legal system to garnishe wages and such.

The issue with that to catch a child molester or whatever show, is that, that in and of itself is a crime. As I stated, internet is actually one of the most tracable forms of communication, even easier than the mail. And very easy to document where it came from and what computer. the only reason I know of that they have to to get the people to show up at the house is that its the only way to prove who was behind the key board typing the stuff. So its not the use of the internet to make the appointment, its the act of agreeing to do it in any form of communication and then showing the overt act of showing up at the house to "cement the deal" that makes it a crime.

Again, sorry to be so nit picky, call it an illness. I agree the guy is a class A terdball and needs to be made to pony up in one way or another. I think it is a sad statement of our society today that the law would come after you and prosecute you to the fullest for giving such a person a class 1 A##whoopin, yet do nothing about him not paying in the first place. None the less, legally speaking, it is what it is. JMHO

[madmax-im]

I posted a question on my ST website about Andreas's problem and legality and here is one person's response...
04-14-2009, 08:17 PM #2
Rob Hephner
2009 Bird Count - 8




Bike: ST1300
Joined: Feb 2005
From: Mesa, Arizona
Age: 42
Posts: 2,652


I've dropped my ST(s)
2 time(s)!
Re: Internet Leagality questions for Vendors and Lawyers

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So, the guy sent him parts with no bill?

The Internet isn't really an issue here, what is at issue is that he accepted parts and has not made payment. If this occurred across state lines, call the FBI. They will instruct you how to proceed.

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Vehicles never get finished, they just get sold.

SouthWestRides - Click for my Blog - See My Photos Here!

[madmax-im]

So the bottom line is Fraud is Fraud and the internet has little to do with it...I'd be calling the FBI

[BigDick]

FBI Seattle
1110 Third Avenue
Seattle, Washington 98101-2904
seattle.fbi.gov
(206) 622-0460


I love being helpful!