Fraud - ARAO Engineering Inc - Buyer Beware!

[Kazoom]

Hi Alan, your right sorry, I just had that retarded "corral forum" thread in my mind when I posted that remark.:furious:

I think I should also mention now that I did try to log on to this site back in 09? to try and contact billetracing here also but could not at that time because this site would not accept my hotmail email at that time. I think it was Ron that I even emailed back then for help to try and log on.

 

[Seymour Snerd]

Hi Alan, your right sorry, I just had that retarded "corral forum" thread in my mind when I posted that remark.:furious:

Out of curiosity and a desire to exercise my web forensics I searched high and low for billet racing, billet racing wheels, Kevin Gall, etc. etc.

Aside from the storm of complaints about Arao he plastered all over the web there is very little in the last few years.

However, by far the best lead I found, both in time and context, is an article from last November about a Kevin Gall, 32, who along with his father, 59 were arrested for murdering in April a biker in the same area, Girraween, as the heads were delivered to. Note also the primary company adressee on the Fedex bill of lading: "Hellraiser Choppers."

The last time the victim was seen alive he was on his way to the same street to which the heads were delivered.

Could this be why Kevin is so quiet?

Father and son facing kill counts over bikie's death | thetelegraph.com.au

 

[Kazoom]

OH BOY... offing a saa?


I can tell you... regardless what happens in the courts that story is not finished.:lipsrsealed:


I thought I just want to take this opportunity to say HELLO! to the guys at "Strike Force Devine"... hows the weather been down there guys???

 

[Jerry Kahmann]

Hi guys, My name is Jerry and I just want to tell you of my dealings with Russ Arao. I ordered a complete VW engine heavily modified from him back in 1988/89, All up i sent him $ 6800 after he said the engine was ready to ship. After many delays and long distance phone calls It became evident that this guy was nothing but a crook...I have not received a red cent back from him nor ever seen any VW parts...24 years later I welcome Russ to explain how he can conduct a business using such fraudelent tactics....I warn anyone who is thinking about doing business with this guy to think again. I am looking forward to the day i can come face to face with this guy.....enough said. My only regret is that the internet was only in its infancy so i could not warn others.

Jerry Kahmann from Downunder.

 

[Kazoom]

Hi Jerry, did you get any parts at all?

Hi guys, My name is Jerry and I just want to tell you of my dealings with Russ Arao. I ordered a complete VW engine heavily modified from him back in 1988/89, All up i sent him $ 6800 after he said the engine was ready to ship. After many delays and long distance phone calls It became evident that this guy was nothing but a crook...I have not received a red cent back from him nor ever seen any VW parts...24 years later I welcome Russ to explain how he can conduct a business using such fraudelent tactics....I warn anyone who is thinking about doing business with this guy to think again. I am looking forward to the day i can come face to face with this guy.....enough said. My only regret is that the internet was only in its infancy so i could not warn others.

Jerry Kahmann from Downunder.

 

[George]

And people did not like the Russian Front... I tell you, it sure kept people IN ORDER!

 

[Jerry Kahmann]

Hi kazoom,

No i didnt get anything except broken promises and a very large phone bill,
I have put it down to experience. Someone wil get this lowlife one day and it cannot be too soon.

Jerry from downunder

 

[Kazoom]

I am Confused as I dont understand WHY none of the Aussi's (non americans) in this thread did not have Arao arrested for theft/fraud??? if he stole your money and gave you nothing. If I got ripped off by Any shop in the usa I would not hesitate to get theft charges layed.

It was an AUSSI/non american that was able to get Ty lofstrom arrested for theft/fraud because he got Nothing. This IS the best case senario to happen to be easyer able to get the local area usa cops involved if you have proof of being ripped off. I have also spoke with local cops/shops in the usa when I had problems with others in the usa when I sent funds/parts and got nothing. I just faxed all my proof/documents to the local area cops down there and when they confirmed what I was claiming they actualy went to the the guys home/shop to help get my stuff back or lay theft charges.

How I understood things from the usa cops I spoke with in my situations is because of the law/s in the usa, a NON american can easyer have theft/fraud charges layed against a usa citizen. I was told do Not take a partial order or part refund as they/the cops can't lay charges then because its a sign of the company/guy trying to fix things. So again getting Nothing is the best thing to be able to lay theft charges.

Anyway here are some links with more on the recent Ty lofstrom situaton for those interested.

TY's MUGSHOT

Ford 335 "Cleveland" Series Engine Forum: Ty Lofstrom of TLI Racing Engines arrested - about time !

 

[Ron Earp]

Yes! I hope he's convicted and serves some time. Won't be enough though, given his ripped off 100s of people.

Russ Arao

Wow this thread has a lot of linkbacks. Scroll down to the bottom and look at all the other forums that have linked to it.

 

[Larry L.]

Here...........let's put a FACE to it (in case any of us might run into the boy somewhere):

 

[Jesse Ragland]

Alan, yup, it can certainly be helpful being an attorney (I am one) but you're often the butt end of many jokes....

I think you're right, the statute of limitations is relevant for sure, but I think the clock would start ticking from the time of non-performance/breach, meaning, from whatever time ARAO indicated they would deliver but did not. In other words, if they told John they would deliver in six months from the time of payment (but failed to do so) then that's when the statute timing would start to tick. Still, that's somewhere around two and half years...which is a long time....so John should engage an attorney quickly if he chooses to go that route.

John, let me know if you need a referral to a California business litigator - I can probably get you a solid referral that's local to ARAO.

DISCLAIMER: I AM NOT AN ATTORNEY, AND NONE OF THE FOLLOWING SHALL BE CONSTRUED AS LEGAL ADVICE. THE FOLLOWING TEXT IS PROVIDED MERELY AS THE OPINION OF A FRIEND CONCERNED FOR THE WELFARE OF A FELLOW HUMAN:

PLEASE READ AND UNDERSTAND THIS ENTIRE MESSAGE BEFORE DECIDING TO ACT ON ANY OF IT: SOME OF THE STEPS HEREIN MENTIONED MAY NOT APPEAR IN THE ORDER IN WHICH THEY SHOULD BE PERFORMED. PERFORMING THE STEPS IN THE WRONG ORDER MAY LEAD TO CIVIL AND/OR CRIMINAL LIABILITY.

On information and belief, venue is proper in the county (or parish) of the injured party's residence; not in the backyard home-court of the accused. I thought that was Lawyering 101: courts don't want to unnecessarily burden the victim, who is already at a disadvantage because the victim has the burden of proof. In other words, it is properly not the object of the court to aggravate the injury suffered by the victim.

If you were me, you would save all your written correspondence, including any written agreements (aka: contracts), attachments or exhibits, notes, etc. It usually isn't impossible to win a case in which the original agreement was made verbally between the parties and without any additional witnesses; however, it is hugely more difficult than if the agreement was memorialized in a written document signed by those parties.

If you don't record your calls (almost no one does), then you would at least record the substance of verbal exchanges in a "permanently bound" notebook; if you originated the call, you'd note the date and time, and with whom you spoke, and what was discussed. Also, you'd consult with an attorney to learn whether it is appropriate for you to append with your subjective impressions the notes made regarding the actual substance of the call or other conversation.

You would indicate in your notes any witnesses to each exchange involving the defendant; this includes both when the exchange is conducted via telephone as well as when the exchange is made in person. I can't overemphasize how easy it is to lose track of witnesses, especially reluctant ones, that you thought you'd never forget: without your notes, you'll never get them. If you received the call, you'd both (a) use the CallerID on your phone to note the number from which the call originated and (b) include in your notes about that call all the other info already mentioned.

Again on information and belief: in business law, success or failure in proving the plaintiff's case -- or the defendant's case, for that matter -- often rests on the quality and completeness of the documentation surviving the dispute, and going at least as far back in time as when the original agreement between the parties was made. I think if you get your witness to sign your notes about the exchange that he or she observed -- or even better, to write in his or her own hand in your notes, his or her observations commemorating the exchange -- then you're a genius!

In my opinion, the defendant will usually deny whatever the plaintiff avers (“indicates” or “says”), and will often counter-sue and/or interject allegations or intimations otherwise libelous or slanderous (and in any case, usually scandalous) against the plaintiff; however, in discovery and in the trial (if there is one), the ordinary prohibition against such things is generally removed.

However, if you were me, before you decided to tell the world through the Court what a low-down, good-for-nothing scallywag is the defendant, you'd consult your attorney, to know what are the boundaries the Court will allow. And if I was an attorney, I'd likely remind my client something I once overheard as advice from one attorney to another: “nobody likes an a$$hole.”

Under the scrutiny and stress of discovery, it isn't easy for either side to keep its composure; however, the calmer you remain, the more credible you seem -- or at least that's the way it seems to me to work.

To my way of thinking, the Court is at some point (perhaps nearer the beginning; perhaps well into discovery) likely either to recommend either mediation or arbitration, or to offer the parties the opportunity to resolve the matter through mediation or arbitration. However inelegant is my expression, I intended to indicate this as three separate possible things the Court might do.

For instance, I think the judge might ask the parties whether they would consent to mediation; this is increasingly unlikely, as it generally preserves the Plaintiff's right to continue to trial. Mediation potentially benefits the Court in either of two ways: (a) it can lead to either a settlement or judgment, in which case the Court has economically disposed of the matter; or (b) it can produce a record later admissible, in which are answers not disclosed during discovery.

Or in the alternative, the judge might ask the parties whether they would consent to arbitration. I think the Plaintiff, especially, should pay attention to this sort of signal: basically, the Court is communicating that in its official opinion, (a) the Plaintiff has suffered an injury entitling the Plaintiff to redress through the courts, and that (b) the Court feels the matter is a waste of its time. No judge would so admit, of course; however, that seems to me to be the only logical interpretation.

The other possibility was that the judge might ask the parties whether they would consider consenting to either mediation or arbitration.

Mediation is, to my understanding, non-binding and voluntary; the mediator is in my opinion ordinarily hugely biased (although officially recognized as being neutral). To understand what I mean, imagine a marriage counselor wishing to engage in a sexual affair with one or the other of a wedded pair: it won't take long for the faults identified to preponderate against the one the counselor wishes to be cuckolded.

By contrast, I think arbitration is legally binding and -- especially if you're the victim -- once you've agreed to it, you're generally screwed in a bad way. The reason I have this opinion is because the arbitrator is no less vulnerable to bias than the mediator. Worse (to my understanding), the Court often appoints an arbitrator to a particular case: do you really want the person judging your case to be the one appointed to that task by a judge who didn't feel the matter was worthy of the Court's time?

Moreover, unless the defendant and its attorney are profoundly stupid, the defendant will make during mediation an offer its attorney (who likely is the golfing buddy of the judge) believes the court would find reasonable -- and, no matter how low is that offer -- one can only question the wisdom of returning to the Court expecting satisfaction.

Never mind that it is the Plaintiff's right so to do: the risk in refusing both arbitration and mediation is, of course, that after the Plaintiff has rested, the defendant's attorney will move for summary judgment, saying the Plaintiff (regardless how compelling to a reasonable person is the presented evidence) failed to prove his or her case; if the judge is -- for any reason or for no reason -- prejudiced against the Plaintiff, the Court may rule then and there for the defendant. I believe that sort of thing happens all too often, and its practically impossible to appeal.

Before you get that far, though, there are the motions leading to the Pre-Trial Order, which basically sets the stage for the trial. Tiny goofs earlier made can ruin the Plaintiff's ability to present his or her case: vital witnesses can be excluded on procedural grounds, and the Plaintiff then has no recourse.

The way I see it, if the preponderance of the evidence both (a) discovered and (b) likely admissible can't be reasonably interpreted in such a way as to allow the accused to be not guilty, then the defendant's attorney will likely recommend that the defendant offer a token amount (which will almost certainly not pay for all the costs the plaintiff has incurred in prosecuting the matter to that point) presented in an Offer of Judgment.

In my opinion, the Offer of Judgment is an aggressive play by a guilty defendant: he or she is basically betting that the amount offered is as much as you will get from the decider of fact (judge, in a bench trial; jury, in other trials). To my understanding: if the verdict in your favor beats that amount by a penny or more, you win the amount of the judgment (less any reductions either made by the Court or imposed by statute and ordered by the Court); however, if either the verdict in your favor ties that amount or the verdict in your favor is for less than the amount offered in the Offer of Judgment, you lose not only all of that (e.g.: you don't get anything), but also everything you spent through that point on the trial, plus the defendant's costs (attorney's fees, etc.), plus the court costs. Worse: such a failure sets you up for additional liability to the party that caused the injury for which you brought suit!

In my opinion, if the defendant is a schmuck, then it will likely try to settle in order to avoid the inconvenience of traveling to defend its interests. And since you are me: if you get an Offer of Judgment (which is very different from an offer of settlement), take it -- unless you're pretty freaking certain that you will win more than that at trial.

I'm not a litigious person, but I respectfully champion the civil resolution to disputes; despite corruption from one end of the country to the other, the legal system works better than the violent alternative. Also: there is a popular saying, "If it looks like a duck, walks like a duck, quacks like a duck -- then it must be a duck." Substitute for "duck" the "P-word" epithet, and you'll understand why the victim has a moral obligation to assert its (e.g.: his or her) rights under the law.

I am not a fan of settlements, unless they're "obscenely generous towards the victim"; if I'm injured sufficiently that I feel compelled to assert through legal process my rights, I'm going to want more from the defendant than merely money to indemnify me from the injury by the defendant inflicted upon me: understanding it almost always means less money to me, I'm going to want to take judgment against the defendant convicted either upon its own admission (hence the offer of judgment) or at trial.

On the other hand, I can see how others might just want to put the whole thing behind them, and maybe there's a number with which they could be comfortable in dropping the matter. I'm not going to judge them for that: the adversarial process is hell, discovery is expensive and motions fought before the trial can tax one's ability to remain sane -- and that's before one takes into account the daily stresses the victim can't not endure (caring for a child or a parent, for instance; or having difficulty in succeeding at his or her place of employment, as a consequence of excessive stress; etc.)

No honest person begins going through any of that process, unless the precipitating injury is both egregious and real.

Again, because you are me: before you file the Complaint with the court, you will be aware that before a matter is ripe for the court to consider (i.e.: before you file the Complaint), the victim has to show the court that it timely informed the defendant of the injury and that the plaintiff gave the defendant reasonable opportunity to satisfy the plaintiff's reasonable demand. This is commonly done through instruments known as "Demand Letters."

And because you are me, you know to NEVER send out a Demand Letter that hasn't first been scrutinized by your attorney, and you know that THREATENING A LAWSUIT IS ILLEGAL. It seems to me that there is language that will get across the point to the alleged offender, without putting you on the wrong side of the law. Is that silly? Maybe, but you don't want your donkey in a sling simply because you put the wrong word or phrase in one sentence that, when changed to the lawful version, still has the same meaning -- do you?

As me, you know that if you have been injured (financially, physically, psychologically, etc.), then consult with an attorney concerning the demand letters that you'll need to write to the offender, in order to satisfy the court that the plaintiff (injured party, victim) met the court's conditions regarding establishing the matter as being ripe for adjudication.

Nearly every reputable attorney competent in the area of his or her practice provides a no-cost, no-obligation initial consultation (the shortest I've ever heard of is a 30-minute consultation; most are an hour, but very many don't put the victim on a clock at all) -- and plaintiff's attorneys work on contingency, mainly because victims seldom have the money to perfect and to present their respective cases.

If you decide to assert your rights, find an attorney with whom you're comfortable working: the lawsuit is your suit; not your attorney's. Get a copy of your state's Rules of Civil Procedure, and get a copy of the rules for the court in which the matter is filed: individual courts often have different schedules and deadlines, and missing any one of those can sink your proverbial ship before the keel gets wet.

Check with attorneys in your state to make sure where jurisdiction is proper: I believe that, in my state, it's ordinarily in the courthouse of the county in which the injury took place or -- if that is inconvenient for the Plaintiff -- in the courthouse in the seat of the Plaintiff's county of residence. I further believe the Plaintiff can waive these rights, and allow the matter to be adjudicated in the county of the Defendant's residence; however, I can't imagine any good reason for so doing. On the other hand, I've not yet been in on a trial involving a dispute crossing the borders of countries, so ….

 

[Dimi Terleckyj]

I am Confused as I dont understand WHY none of the Aussi's (non americans) in this thread did not have Arao arrested for theft/fraud??? if he stole your money and gave you nothing. If I got ripped off by Any shop in the usa I would not hesitate to get theft charges layed.

It was an AUSSI/non american that was able to get Ty lofstrom arrested for theft/fraud because he got Nothing. This IS the best case senario to happen to be easyer able to get the local area usa cops involved if you have proof of being ripped off. I have also spoke with local cops/shops in the usa when I had problems with others in the usa when I sent funds/parts and got nothing. I just faxed all my proof/documents to the local area cops down there and when they confirmed what I was claiming they actualy went to the the guys home/shop to help get my stuff back or lay theft charges.

How I understood things from the usa cops I spoke with in my situations is because of the law/s in the usa, a NON american can easyer have theft/fraud charges layed against a usa citizen. I was told do Not take a partial order or part refund as they/the cops can't lay charges then because its a sign of the company/guy trying to fix things. So again getting Nothing is the best thing to be able to lay theft charges.

Anyway here are some links with more on the recent Ty lofstrom situaton for those interested.

TY's MUGSHOT

Ford 335 "Cleveland" Series Engine Forum: Ty Lofstrom of TLI Racing Engines arrested - about time !

With reference to the above.
I was ripped off by a company in the US and after contacting local US law enforcement and various members of this forum got nothing.
No one would help either from the law or the forum.

Dimi.

 

[Dave]

It's a shame you got no help from the forum Dimi, I had a problem with a vendor in the States and I got several offers of help from our American friends on the forum. One actually paid a visit for me and linked me with a Lawyer to sort it out, another member offered to go round and sort it out as well. Maybe just timing.

 

[Dimi Terleckyj]

It's a shame you got no help from the forum Dimi, I had a problem with a vendor in the States and I got several offers of help from our American friends on the forum. One actually paid a visit for me and linked me with a Lawyer to sort it out, another member offered to go round and sort it out as well. Maybe just timing.

Hi Dave
It seems my timing is totally out with getting help and helping members of this forum.

I was recently contacted by a forum member in another state asking for help with locating a part.
I was just getting over pneumonia but drove the 45Kms to a wrecker and dismantled the required parts and shipped them off within 2 hours and the only cost to the member was for the parts and postage.

2 weeks later he has not bothered to contact me to say he received the parts or to offer any thanks.

So much for common decency.

Dimi.

 

[Randy V]

Dimi - your experience was dreadfull no doubt. I have offered assistance to some fellows abroad when they needed it and carried those efforts out. Not sure what your needs were and when, but unfortunate that no one was able to assist you.
Perhaps this should go in another thread but I will leave it here for now..

 

[Ron Earp]

"Wireflight" comply with Rule #2.

 

[AdrianBurton]

I know this might sound strange, but if any money was transferred by US mail, contact the postmaster general. Fruad conducted by mail has a better than 90% conviction rate

 

[Jesse Ragland]

"Wireflight" comply with Rule #2.

Better now?

 

[Doug S.]

You'd have been banned if it weren't.

 

[Randy V]

Thanks Jesse