Switch Theme:

Cease & Desist letter sent to Dakka on behalf of Resin Forge & its owner Daniel Mandelbaum  [RSS] Share on facebook Share on Twitter Submit to Reddit
»
Author Message
Advert


Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you:
  • No adverts like this in the forums anymore.
  • Times and dates in your local timezone.
  • Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance.
  • Email notifications for threads you want to watch closely.
  • Being a part of the oldest wargaming community on the net.
If you are already a member then feel free to login now.




Made in us
[ADMIN]
President of the Mat Ward Fan Club






Los Angeles, CA



Roughly a week ago a thread was started on Dakka claiming that the owner of the company Resin Forge was none other that Daniel Mandelbaum.

A couple of days ago, I received a Cease & Desist letter sent on behalf of Resin Forge and the owners of the company listed in the letter: Mr. Daniel Mandelbaum, Mr. Jason Martin & Mrs. Kim Hernandez, essentially asking me to stop defaming their clients (which would be both Resin Forge and its owners), claiming that this defamation has led to improper personal information being shared as well as alleged threats of bodily harm up to and including death.

If you'd like to read the contents of the letter yourself, I have included a copy of its text at the end of this post in spoiler tags.

To be perfectly clear, none of the posts in this previous thread were made by me, nor were they representative of my personal views as the owner and administrator of this website. I personally have no firsthand experience dealing with Resin Forge or its owners by their given names in any capacity.

While I do not acknowledge that the existence of this previous thread on Dakka constitutes me defaming Resin Forge or its owners, I do believe that the contents of this Cease & Desist letter acknowledging that Daniel Mandelbaum is indeed the owner of Resin Forge essentially makes that previous thread redundant and therefore I have no issues complying with the request to remove that information (and as such the previous thread has since been removed).

Naturally anyone interested in Mr. Mandelbaum and any of his alleged aliases (such as Matthew Bonder, RedStarOne, Lord.Serpius, Kellz1234, Susan Beasley) or his alleged involvement with a number of now defunct sites/businesses while using those aliases (such as Conversion Corner, Miniature Wargame Conversions, Three Stage Studios, Lord.Serpius ebay account, Great.Hobby.Bits ebay account, Double.Your.Bits ebay account) should feel free to do their own research and come to their own conclusions.


While this thread will be left open for replies, it is very important to remember that no posts defaming, threatening or harassing Resin Forge or its owners will be allowed. Anyone breaking this rule will have their post edited or deleted and their account may be subject to further disciplinary action. Please remain classy!


Here is the C&D letter text contents for those interested in reading it:

Spoiler:
Britcons LTD,
Kanalstr. 2,
91052 Erlangen,
Germany



08/05/2013

Mr. Regul, Jon
[address removed]


Dear Mr. Regul:

We represent Mr. Daniel Mandelbaum, Mr. Jason Martin, Mrs. Kim Hernandez and their company Resin Forge LTD (hereinafter referred to as "client"). If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.
It has come to our attention that your website www.dakkadakka.com is spreading false, destructive, and defamatory rumors about my Client.
You are hereby directed to CEASE AND DESIST all defamation of my clients character and reputation.
My client has spent years in this profession, building a positive reputation. We realize that your Website is a Community and the posts as such where not written by yourself, however the posts are defamatory and causes substantial harm to my clients repuation as a business owner. Though you have a First Amendment right to state an opinion, you do not have a right to make false and defamatory statements against him.
The defamatory statements on your Website involved
• Alleged statements regarding business transactions which never took place.
• My clients participation in alleged criminal activities (To quote your (mod)majortom11, “Mandelbaum is a known scammer”), further quotes have been attached to this email as screenshots.

Leading to statements regarding Personal Information about his whereabouts, his family etc. (mothers Obituary) AND more importantly, threats of bodily harm against my client. My client has even received Death Threats due to your Website. (Not to mention the financial consequences for his company).

Accordingly, we demand that you please correct and retract the statements immediately.

If you do not comply with this cease and desist demand, my client is entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised that my client has asked us to communicate to you that he will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.

Before taking these steps, however, my client wished to give you one opportunity to discontinue this illegal conduct by complying with this demand within 2 days.


Sincerely,

M. Duerkop, CEO
Britcons LTD



Update 5/13:

I have been provided with enough evidence to say with certainty that there is no such company as britcons.com (their website has since been taken down for those not following the proceedings of this thread day-to-day).

The Cease & Desist email was sent by someone pretending to be Michael Duerkop, the CEO of this fictitious company.

The real Michael Duerkop is just a photographer in Germany who owns the (long dormant) britcons.com domain. He has recently had several of his online accounts compromised (such as paypal, Facebook, go daddy, etc) and whomever compromised these accounts then used them to create the Britcons.com website that used to be there and send the Cease & Desist email from the info@Britcons.com email account (that they created).

Now, and this is very important, there is no evidence proving who was responsible for compromising his accounts and creating this charade. It is entirely possible that someone created this fake website, etc, and then went and misrepresented themselves to Resin Forge as being able to provide legal counsel. So please refrain from making any statements as though you *know* who was responsible, even if circumstantially it may seem obvious to you.

I will not be reinstating the previous thread, because as I've said a few times now, I'm much more comfortable with the way the information is presented in this current thread as opposed to the previous one.

I also will not be looking to pursue any legal actions for this whole matter because frankly I have no interest in wasting any more of my time on this ridiculousness. The entire point of the original thread (and this one) continues to be just to identify that Daniel Mandelbaum is an owner of Resin Forge, which has been amply accomplished by this point.



Update 5/13 #2:

I want to reiterate again that there is no concrete proof one way or another as to who it was that claimed to be Michael Duerkop and emailed the C&D letter.

I can confirm that the 'real' Michael Duerkop did receive a paypal payment from Resin Forge, however at the time that payment was sent whomever was pretending to be Michael Duerkop (and had the Britcons.com website up and running) also had access to that paypal account.

It could have been someone from Dakka, it could have been someone from Resin Forge (just sending themselves payment to themselves through his account), or it could have even been the 'real' Michael Duerkop who did it and is just now claiming to have had his accounts hacked.

So again, there is no proof as to who had control of the real Michael Duerkop's accounts and sent out the C&D letter. Or in other words, the ONLY person I can verify that did not send that C&D letter and pretend to be Michael Duerkop is myself (and even that you'll have to just take my word on).

So again, I'd ask everyone to please refrain from assuming that you know who it was that pretended to be the CEO of Britcons.com and sent that C&D letter. Could it have been someone from Resin Forge? It is possible, but it is also possible that someone else pretended to be Michael Duerkop to them and then claimed he could provide them with legal services.

The most important thing is: I DON'T CARE. I complied with the Cease & Desist letter (whoever it may have been sent by) and have no further interest in trying to figure out who allegedly hacked the real Michael Duerkop's online accounts and sent the C&D email.

This message was edited 2 times. Last update was at 2013/05/13 21:53:41


I play (click on icons to see pics): DQ:70+S++G(FAQ)M++B-I++Pw40k92/f-D+++A+++/areWD104R+T(D)DM+++
yakface's 40K rule #1: Although the rules allow you to use modeling to your advantage, how badly do you need to win your toy soldier games?
yakface's 40K rule #2: Friends don't let friends start a MEQ army.
yakface's 40K rule #3: Codex does not ALWAYS trump the rulebook, so please don't say that!
Waaagh Dakka: click the banner to learn more! 
   
Made in ca
Dakka Veteran




If the situation deteriorates:

Do you need donations?

Do you know about Ken at Popehat.com? He's a free speech attorney who is also a gamer and regularly connects bloggers / forums with pro bono representation in cases like this.
   
Made in us
Pewling Menial



Phoenix, AZ

The thread was taken down. So as of this point in time there should be no need for representation. I guess time will tell though if that holds up though.

This message was edited 1 time. Last update was at 2013/05/10 02:28:29


 
   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

German lawyers? Sounds extremely fishy.

Can a US entity even have German lawyers? I'd imagine they have little understanding of US law, as well as no BAR credentials here.

This message was edited 3 times. Last update was at 2013/05/10 02:33:24


"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in gb
[SWAP SHOP MOD]
Killer Klaivex







They are apparently a German private investigations company.

http://britcons.com/


 
   
Made in ca
Dakka Veteran




 Ketara wrote:
They are apparently a German private investigations company.

http://britcons.com/



Our staff consists of current and former members of military and law enforcement communities. We believe that nothing can replace military experience when it comes to the line of work we are in. We employ and maintain operators and Subject Matter Experts (SMEs) who possess the finest operational talent available on the planet. All members of our operational staff have had recent, real-world experience in virtually every combat theater or hotspot on the globe. They are the true "Silent Professionals."




So... dakka got a C&D from a band of mercenaries?

This message was edited 1 time. Last update was at 2013/05/10 02:34:31


 
   
Made in us
[ADMIN]
President of the Mat Ward Fan Club






Los Angeles, CA

 Aerethan wrote:
Who is Britcons LTD. I see nothing on google to suggest such a law firm actually exists.

Britcon afaik is a civil engineering company in England.


http://britcons.com/


It is allegedly a company in Germany, that among other things, offers legal counsel.

Whether or not this company actually exists or the C&D was actually written by someone else is irrelevant to me. The point of the previous thread was ultimately to establish that Daniel Mandelbaum was the owner of Resin Forge, something this C&D letter does beyond any shadow of a doubt and therefore I have no problem removing that previous thread.



I play (click on icons to see pics): DQ:70+S++G(FAQ)M++B-I++Pw40k92/f-D+++A+++/areWD104R+T(D)DM+++
yakface's 40K rule #1: Although the rules allow you to use modeling to your advantage, how badly do you need to win your toy soldier games?
yakface's 40K rule #2: Friends don't let friends start a MEQ army.
yakface's 40K rule #3: Codex does not ALWAYS trump the rulebook, so please don't say that!
Waaagh Dakka: click the banner to learn more! 
   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

 Ketara wrote:
They are apparently a German private investigations company.

http://britcons.com/



I'll gladly take this on. I was personally harassed at work by Daniel Mandelbaum. I have like 900% evidence to that end.

Investigate all you want. Also, PI's are not lawyers, and I'd take their threats with the largest grain of salt in the land.

"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in ca
[DCM]
Acolyte of Goodwin






Sunny SoCal

Surely no one would imply this C and D is not on the up and up? It looks legit to me....

...

Regardless, as Yak said, we have now confirmed 7 ways to tuesday that Resinforge is owned by Daniel Mandelbaum, including confirmation from Mandelbaum himself now. That's all we ever wanted.

   
Made in us
Decrepit Dakkanaut






Eternal Plague

At the end of the day, Resin Forge is either in whole or in part owned by Daniel Mandenbaum and his past history here on DakkaDakka and on other sites speaks for itself, irregardless of how he behaves today under other identities or entities.

   
Made in us
Fixture of Dakka





Moore, Ok.

 Aerethan wrote:
 Ketara wrote:
They are apparently a German private investigations company.

http://britcons.com/



I'll gladly take this on. I was personally harassed at work by Daniel Mandelbaum. I have like 900% evidence to that end.

Investigate all you want. Also, PI's are not lawyers, and I'd take their threats with the largest grain of salt in the land.


I'd love to hear how that goes! Don't think you can get any more solid proof of harassment!
I understand why Yak pulled it. I personally appreciate how long he left it up and can only hope it helps (more) people from getting screwed over by him.

"But i'm more than just a little curious, how you're planning to go about making your amends, to the dead?" -The Noose-APC

"Little angel go away
Come again some other day
The devil has my ear today
I'll never hear a word you say" Weak and Powerless - APC

 
   
Made in ca
[DCM]
Acolyte of Goodwin






Sunny SoCal

Hear hear!

   
Made in ca
Dakka Veteran




It looks like britcons.com had some trouble getting their website working about a year ago:

http://support.godaddy.com/members/alphamike/

Maybe not a crack team of mercenaries.


Also no record of a lawyer named Michael Duerkop that I could find. Practicing law without a license is a no no.

This message was edited 3 times. Last update was at 2013/05/10 02:50:09


 
   
Made in us
Decrepit Dakkanaut






Eternal Plague

Also, isn't the statement of facts proven by multiple witnesses as well as previous posts and activities call out of the bounds of what is considered defamation?

   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County


This is precisely the kind of information that should not be posted in this thread. -- yakface.

This message was edited 1 time. Last update was at 2013/05/10 02:51:04


"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in ca
Ancient Venerable Black Templar Dreadnought





Canada

The collection of posts detailing transactions that members made that were not honored is a long way from defaming a company or individual.

A history of companies traced to an individual that did not honor sales on multiple transactions according to members of Dakka I find hard to identify defaming a business.

To warn others of a disagreeable level of "service" is a public service of it's own, so evidence of "malice" is not there.

Some individuals would understandably get a bit excited since it seems they have first hand knowledge of not receiving what was paid for.

With what discomfort this person is getting from their dealings is deserved and is very funny to see them resorting to legal methods to try to smother the outcry.

This deserves a little digging.

Thanks


A revolution is an idea which has found its bayonets.
Napoleon Bonaparte 
   
Made in au
Been Around the Block






Wow Britcon's does not seem dodgy at all....

GW Fulchester on 12th march wrote:
We are pleased to announce that we have streamlined the miniature collecting process. For a large sum of money we will simply give you an empty box with an exciting picture of a Space Marine on the front.

We call this the "You won't get round to painting it anyway" scheme.

Check out my Warmaster Blog at: www.theultimatewarmaster.wordpress.com
 
   
Made in au
Lady of the Lake






This is hilarious.

   
Made in gb
Decrepit Dakkanaut






UK

My client has even received Death Threats due to your Website.


That seems like a rather ambitious statement to make, never mind that it has been stated as a fact.

Ignoring the obvious irony that they are making these allegations whilst at the same time demanding that nobody else make allegations about them, have they provided any evidence of these 'death threats'? Have they provided any evidence that Dakka is the source of these 'death threats'? Have they provided any evidence to support this in any form at all?

From here (a rather uncomfortable wooden chair in front of a screen), it seems a mite hypocritical.

This message was edited 1 time. Last update was at 2013/05/10 02:53:12


Mandorallen turned back toward the insolently sneering baron. 'My Lord,' The great knight said distantly, 'I find thy face apelike and thy form misshapen. Thy beard, moreover, is an offence against decency, resembling more closely the scabrous fur which doth decorate the hinder portion of a mongrel dog than a proper adornment for a human face. Is it possibly that thy mother, seized by some wild lechery, did dally at some time past with a randy goat?' - Mimbrate Knight Protector Mandorallen.

Excerpt from "Seeress of Kell", Book Five of The Malloreon series by David Eddings.

My deviantART Profile - Pay No Attention To The Man Behind The Madness

"You need not fear us, unless you are a dark heart, a vile one who preys on the innocent; I promise, you can’t hide forever in the empty darkness, for we will hunt you down like the animals you are, and pull you into the very bowels of hell." Iron - Within Temptation 
   
Made in us
[ADMIN]
President of the Mat Ward Fan Club






Los Angeles, CA


To be very clear:

Even if someone is involved in multiple businesses where some customers do not end up receiving the goods/services they paid for, that does not make that individual a 'scammer' unless that person is convicted of some wrongdoing or there is actual verbal/written proof of intent from that individual to scam/defraud.

So please refrain from using loaded and improper terms (like 'scammer') and instead stick to actual verifiable facts.

In addition, if you find personal information regarding an individual and want to collate it and publish it on your own website, feel free to do so, but please do not post it in this thread.


Thank you.




I play (click on icons to see pics): DQ:70+S++G(FAQ)M++B-I++Pw40k92/f-D+++A+++/areWD104R+T(D)DM+++
yakface's 40K rule #1: Although the rules allow you to use modeling to your advantage, how badly do you need to win your toy soldier games?
yakface's 40K rule #2: Friends don't let friends start a MEQ army.
yakface's 40K rule #3: Codex does not ALWAYS trump the rulebook, so please don't say that!
Waaagh Dakka: click the banner to learn more! 
   
Made in us
Douglas Bader






 Talizvar wrote:
The collection of posts detailing transactions that members made that were not honored is a long way from defaming a company or individual.


Whether or not it's actually defamation (and, as you said, the evidence speaks for itself) this person can still cause a lot of legal trouble for the forum owners. Since the whole point of the thread was to establish that a specific person was behind the company and everyone already knows to avoid them once that fact is known the thread was redundant and there's no reason for the forum owners to take the risk.

Of course the irony here is that by making this legal threat he's accomplished exactly what his "enemies" have wanted all along, and done more damage to his own reputation than any "defaming" thread ever could have.

This message was edited 1 time. Last update was at 2013/05/10 02:58:29


There is no such thing as a hobby without politics. "Leave politics at the door" is itself a political statement, an endorsement of the status quo and an attempt to silence dissenting voices. 
   
Made in gb
Wrathful Warlord Titan Commander






London

So let me work this out:

- This guy allegedly performed some less than honest business through his website. The thread outlining such activities has resulted in him receiving threats, so he's asked us to take it down, confirming Yak's initial idea that he was in fact, in charge of the company?

   
Made in us
Decrepit Dakkanaut






Oklahoma

I wonder if Resin Forge will address the issue on Facebook and announce that Daniel Mandelbaum, part-owner of Resin Forge, has send a legal document requesting that DakkaDakka no longer post that Daniel Mandelbaum, part-owner of Resin Forge, is a bad person.

Trump: "Yeah, that’s her. With the fiat currency. I better use some Tic Tacs just in case I start kissing her. You know, I’m automatically attracted to beautiful countries — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything. Grab ’em by the electoral college. You can do anything." 
   
Made in us
Longtime Dakkanaut





Florida

Seems to be plenty of legal happy people targeting gaming sites these days.

Comparing tournament records is another form of e-peen measuring.
 
   
Made in ca
Ancient Venerable Black Templar Dreadnought





Canada

 Peregrine wrote:
 Talizvar wrote:
The collection of posts detailing transactions that members made that were not honored is a long way from defaming a company or individual.


Whether or not it's actually defamation (and, as you said, the evidence speaks for itself) this person can still cause a lot of legal trouble for the forum owners. Since the whole point of the thread was to establish that a specific person was behind the company and everyone already knows to avoid them once that fact is known the thread was redundant and there's no reason for the forum owners to take the risk.

Of course the irony here is that by making this legal threat he's accomplished exactly what his "enemies" have wanted all along, and done more damage to his own reputation than any "defaming" thread ever could have.


The word is out, unless a class action lawsuit can be made to bring all these failed transactions together into a big picture: he is counting on the individuals feeling the lost money being insufficient to press charges.
He can always just start another company and it all can start again. Easy fix.

It is not justice, but is a very practical solution he may take.

A revolution is an idea which has found its bayonets.
Napoleon Bonaparte 
   
Made in au
Lady of the Lake






Depends if they really are legal people. This is pretty much the only site they show up on in Google, just saying.

   
Made in au
Been Around the Block






It also seems to be a very slap bang put together website.

Anyone would be able to whip that up in about 20 mins.

Unidentified scumbag 1: "Lets make a legal website to scare certain people, how do we do it?"

Unidentified scumbag 2: "Hmmmmm, lets make it white and say its run by rogue commando's, that should do the trick"

GW Fulchester on 12th march wrote:
We are pleased to announce that we have streamlined the miniature collecting process. For a large sum of money we will simply give you an empty box with an exciting picture of a Space Marine on the front.

We call this the "You won't get round to painting it anyway" scheme.

Check out my Warmaster Blog at: www.theultimatewarmaster.wordpress.com
 
   
Made in au
Jervis Johnson




Behind you

Has there been any suggestion that the other forums have been sent C+D letters, and other people within the community. This needs to be a community based push.

 
   
Made in us
Decrepit Dakkanaut






Eternal Plague

 Doctadeth wrote:
Has there been any suggestion that the other forums have been sent C+D letters, and other people within the community. This needs to be a community based push.


Given that everything started and/or originated on Dakka Dakka, it would be the natural and only website worth targeting; all other sites or blogs are either too minor or have already taken down or heavily moderated the subject to death.


   
Made in gb
Fixture of Dakka






Sheffield, UK

Our staff consists of current and former members of military and law enforcement communities. We believe that nothing can replace military experience when it comes to the line of work we are in. We employ and maintain operators and Subject Matter Experts (SMEs) who possess the finest operational talent available on the planet. All members of our operational staff have had recent, real-world experience in virtually every combat theater or hotspot on the globe. They are the true "Silent Professionals."

*Cue A-Team theme tune.*

Did somebody say something bad about you on the internet? Are toy soldier websites causing you trouble? If you have a problem, if no one else can help, and if you can find them, maybe you can hire...

Spain in Flames: Flames of War (Spanish Civil War 1936-39) Flames of War: Czechs and Slovaks (WWI & WWII) Sheffield & Rotherham Wargames Club

"I'm cancelling you, I'm cancelling you out of shame like my subscription to White Dwarf." - Mark Corrigan: Peep Show
 
   
 
Forum Index » Dakka Discussions
Go to: