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GameZnFlix CEO Bounces Checks, Refuses To Pay For Services, Demands NDA's…
This is a must read and seemingly typical story right in the guidelines of GameZnFlix on how to squeeze for the last penny. It is about deceit, lies, breach of trust, false promises, bad checks, failure to pay for services, threats, and the list goes on This is the icing on the cake of this comedy, at first I thought it was a remake of "Get Shorty! A quick sample to wet your interest.....

”He then explained the deal. JF would overnight me the money as soon as I signed and faxed to Gameznflix a Non Disclosure Agreement. Quite a few people happen to be after JF. Apparantly JF doesn't want me spilling the beans about what I know about him and the company. I refused. I would have to see the money first...THEN I would sign the NDA.”

This would make a great movie, laughing my a%$ off at this point!! Read on….

Here is the article in its entirety; it is in a first person view from the actual writer.

FULL STORY: I did some marketing work for a publicly traded internet company out of Kentucky (Gameznflix, John Fleming (JF) CEO) July-Sept. of last year. They owed me a little over $15,000. When I contacted them I was given the runaround over and over. They eventually stopped taking calls or returning emails.

I decided to use a collection agency. Submitted my info to BuyerZone. Got 5 responses. They all REALLY wanted my business. All would charge 20% if money recovered, and 0% if no money recovered.

One company, Abraham Roth & Associates, Inc. out of New York were especially aggressive about me signing with them. I didn't mind that at all as it made me think they would be equally aggressive in collecting my money. I told them I was still reviewing all offers.

Friday, February 22, they contacted me again. VP of the company, Steve Kahn (SK), who said he was a lawyer, said he would get my money right away. I told him it wouldn't be that easy...he doesn't know how John Fleming operates. "Doesn't matter" he said. "In fact, just give me two weeks. If I don't get your money IN YOUR HANDS by then I'll return the file and you don't us a dime." A two week contract? I told him I would seriously consider that but wouldn't sign anything just yet.

SK then challenged me and said "Ok, look...you don't have to sign anything. Just give me his number and let me call him right now." I said fine and gave him the Gameznflix/John Fleming contact info. I knew he wouldn't get through. Ten minutes later he calls me back and says he actually talked to John Fleming and worked out a deal. I was shocked and asked for further info. SK said I needed to sign a contract first before he told me any more. I questioned him further to make sure he was being truthful. I was satisfied with his responses and signed a two-week contract. Money would have to be IN MY HANDS in two weeks or they would not get paid and return the file. Also, the money would be sent straight to me, not the collection agency. Fair enough.

He then explained the deal. JF would overnight me the money as soon as I signed and faxed to Gameznflix a Non Disclosure Agreement. Quite a few people happen to be after JF. Apparantly JF doesn't want me spilling the beans about what I know about him and the company. I refused. I would have to see the money first...THEN I would sign the NDA.

SK calls JF again. A new deal is worked out. I fax over the signed ND form to SK, who holds it until the money is overnighted directly TO ME in California. Sounds okay. JF was to send it that very same day.

Monday comes, no package. I call SK...not there and no calls are returned. Tuesday, no package and still can't reach him and no calls returned. Red flags going up.

Wednesday Feb. 27, I finally get through. SK says they just got the check in. "What?! It was supposed to come DIRECTLY to me!" I say. Steve says they had to work out a different deal. More red flags. I'm starting to think someone is pulling a fast one...either JF, SK, or both.

A copy of check from Gameznflix is faxed over to me. $15,345. It looks legit. It's made out to Abraham Roth & Associates Client Trust. On the Memo it states my business name c/o Abraham Roth & Associates.

I complain to Steve about this not being the deal we agreed to. He says sorry but they had to change things to make it work. "What do you want me to do, send it back?" he says. He does his best to reasure me that this is " a done deal". He says check will clear in ten business days (out of state check) then he will send me a check. I say no way. I don't trust him. His check might not be good. He says okay, he'll wire me the money (less his 20%) as soon as it clears. I agree to wait it out.

Fast forward nineteen days later to Monday, March 17. Could not reach SK this whole time. Finally an assistant, Howard, tells me they sent out the checks to me on Saturday. "What checks? The money was supposed to be wired!" No more info is available. I tell Howard that someone better call me with information on what's going on or I may have to send these checks back. No call back.

Tuesday March 18 I receive the FedEx package. In it is an envelope with three checks with the following letter:

"Dear Mr. XXXXX, Enclosed please find 3 checks, each in the amount of $4058.67. The checks are postdated. We apologize for having to post date the checks. We had a problem with our bank account and rather than hold off on writing any checks, we are able to send you the post dated checks now. Thank you for your understanding an patience with this situation. Sincerely, Abraham Roth and Associates" No one signed it.

The checks are dated April 1, May 1, and June 1. I went to WAMU to see if there are enough funds in the account for the first check. Nope. Maybe that will change April 1. I have not called Abraham Roth & Associates yet to find out what's going on. I have no trust in them anymore. I wanted to plan my moves first.

Let me state that I don't care if these guys are criminals and really don't care that they have lied over and over. I certainly don't want to punish anyone. I just want the money. Obviously they spent the money that went into the "trust account" and maybe want to "pay it back" to me over time. Or maybe they want me to cash that first check on April 1st (April Fools Day) but will make it near impossible to cash the other two. Or perhaps, if some side deal was made between JF and SK, that original $15K check was never good to begin with and thus was never deposited into any account.

My questions...and there are soooo many:

1. Do I send the checks back NOW along with a letter from an attorney demanding full payment? The two week deal has long expired. If so, would I need to use a NY attorney as opposed to a California one? Someone told me I can use the attorney for the letter, but I can file a suit on my own, the full $15K amount plus all expenses...true? And I can file a suit against not just the company, but also SK and the President, Rich Marotte?

2. On April 1, if there are funds in the account, do I go ahead and cash the first check? If I do, will that make it very difficult to collect on the remainder of the money if they decide to withhold funds? Or would everything outlined in Question 1 (above) still be in play?

3. What about if they come back to me and say "Hey, don't cash those checks...we just found out that the Gameznflix check never cleared"?

4. Where else can I get guidance?

Bottom line, if I knew these checks would be good, I would leave things as they are. But as mentioned, I don't trust these people anymore. I need a game plan. I need some guidance here, please.

Edited by Customer (name blocked for privacy) on March 25 2008 at 7:21pm

as mentioned, I don't trust these people anymore. I need a game plan. I need some guidance here, please.

Reply Sent March 25 8:45 p.m. (35 minutes and 34 seconds later)
Michelle, thanks for the response.

1. I like the letter. Coming from an attorney would be better. Small claims limit in California is only $5K, so that wouldn't work.

2. "This is a contract. So, if you cash the first check and then cannot cash the others, you are still entitled to your full monies - answer 1 is still in play" That makes me feel better...this might be the best way to go. The checks are spaced 1 month apart. If the money (or at least one third of it) is there on 4/1, then maybe I should just take it and try my luck again on 5/1. If not then take the hard line approach.

4. Just to clarify, you're suggesting using a California Attorney as opposed to one from NY? I had heard differently. And if SK really is an attorney in NY, wouldn't he get into a lot of trouble for this type of behavior? And aren't collection agencies regulated by the state, thus making these actions risky for his company.

ACTUAL LINK TO THIS STORY >>> GameZnFlix CEO In "Get Shorty"

http://gameznflix.spaces.live.com/default.aspx

http://gameznflix.spaces.live.com/blog/cns!9675F89F7E3830CC!1205.entry