American Memorabilia review: embezzlement and fraud 86

As of today, they have an "F" rating, with 32 complaints (with the Better Business Bureau at bbb.org).

They only way I got paid was to tell them I had a buch of other expensive items I wanted them to sell for me. Got my money in a week after waiting four months. Never did any other business with them. If you have anything of value to auction, I suggest Heritage in Dallas. You get you check 30 days after the action has ended!

Nice trick.

Did you see Kieta's opening message on the second page of the new 2009 Super Bowl auction catalog (now online):

"AMI has made some great changes this year as well, with quick consignment payments...". Mind you, those last three words are in BOLD type as well !

What a joke !

FYI...On the MERCHANT CIRCLE website, there is one review of AMI posted on 1/16/2009 by "Randy in Vernon Hills, IL", titled "Don't Do Business With American Memorabilia."

FYI...On the [redacted] website, there is one report of AMI posted on 3/1/2009 by "Tom Chanhassen of Minnesota", titled "American Memorabilia complete fraud! I am owed payment since June, 2008. Promises, promises."

I too have not been paid for an item I sold in the June 2008 auction. The last e-mail I received Kieta stated they were working through their accounts payable and checks should be sent out in late January or February. I still have yet to recieve any payment. I called AMI today and asked for Kieta and got the same old run around by the woman who answered the phone.

I'm planning on calling an attorney this week to find out if there is any legal action I can take here. If any of you are seriously considering some type of class action lawsuit please feel free to contact me at dancurran0623@gmail.com.

Dan

I'm live in Nashville and I am filing a small claims action against Kieta and American Memorabilia through the mail. I sent them a certified letter demanding payment first. I explained to Kieta that I am filing this action and have in my complaint all travel expenses and cost for my time. If they are studid enough to not settle then they have messed with the wrong guy. I will fly to Vagas for the court hearing ($99 each way). After I get a judgement, I will ask the court to freeze any payments from auctions to them until paid. With my filing wil be a request for subpoena duces tecum which will require them to produce at court all documents inclding payments for all my auctions and who bought them. If I can't find out where their bank accounts are, then I will bring them back into court for a Debtors Examination. The sheriff's office is a great way to seize property after a judgement. A simple $1, 400 payment to me could cost them over $3, 500. I hope they are not that stupid. I anyone wants me to assist them in court, contact me at jeff@inflationstationparty.com
Maybe we could bring several actions at one time which I believe would easily convince a judge.

i have not been paid for an item since 7/15/2008. i emailed a few people already about what i am doing on this board. please post your email if you wish to speak about what actions i am taking.

AMI's Consignment Contract:

"15. Interest Earned. Any and all monies received from the Auction shall be deposited in the AMI’s
trust account. Any interest earned on the proceeds held in the trust account, if any, shall be paid to he
Seller".

Doesn't that mean that the longer they delay payment the more they'll have to pay them (in interest)?

From AMI's Consignment Contract:

"15. Interest Earned. Any and all monies received from the Auction shall be deposited in the AMI’s
trust account. Any interest earned on the proceeds held in the trust account, if any, shall be paid to he
Seller".

When the consignor gets paid, if he/she is also due any interest accrued as a result of the delay. Right?

From AMI's Consignment Contract:

"12. Accepting Payment. ... AMI agrees to make every attempt to
pay Seller the net proceeds ... from the sale of the Lots between 45 and 90 days after the sale. This process may take longer for payout. ... and some items may not be paid in full but rather will come in partial payments".

VERY interesting !

I also noticed that they change their (online) contract quite often. But what about the one that was signed in pen several years ago. Can they unilaterally just change the terms at will?

I wonder what the advertisers in the AMI catalogs would do if they knew of AMI's business practices and AMI's standing with the Better Business Bureau?

Their advertisers include:

KELLY CARDENAS SALON - Las Vegas, NV - [protected]
PSA/DNA - psadna.com - Newport Beach, CA
LIPOSUCTION AND COSMETIC SURGERY INSTITUTE - lipodoc.com - Illinois
(Leon Forrester Tcheupdjian, MD, David A. Ross, MD, Leslie Forrester, RN, BSN)
BAY CLUB at FALCON POINT RANCH - bayclubliving.com
VILLA REALE - villa-reale.com - arteshowrooms.com
GODIVA CHOCOLATIER
LAMBORGHINI CHICAGO - Westmont, IL - [protected]
FSB MENSWEAR - fsbmens.com - Giovanni Marquez - Boynton Beach, FL - [protected]

Here are some ideas:

1. Auction sales in the hundreds of thousands every few months.
2. Writeoffs for continued operating expenses in the hundreds of thousands every few months.
3. Mathematics for dummies:

SALES minus OPERATING EXPENSES equals $00.00

I talked to Kieta for an Hour and a half today about how she can solve the
payment problems. I told her I might be able to intermediate for us to help
all of us. I guess they have had financial problems which I understand but
there are ways for them to make amends. Some things I talked to her about
was first coming clean and being more open. She explained the name Kieta
and her background. Her real name is Susan Kieta but she uses Kieta because
of her heritage and adapted her last name due to her father which died in
the holocost.
Some suggestions I had for her is to contact each person and make a payment
arrangements in writing. Then of course I also told her she needs to build
confidence back into the market to rebuild they're income to pay the people
who are due payments. She must build back confidence to late payees maybe by
offering them besides the written agreement but also a guarantee that any
further consignments a thirty day pay guarantee. And maybe an offer of if
someone consigns 2 items at the regular consignment commission, then a third
would be free or at a minimum of only say 5%. This would encourage sellers
to establish a better relationship and this would be based on Kieta being
more open. I told her she was to vauge about repaying people and she needs
to even come onto the Blog to invite people to contact her for arrangement.
We will need to be patient but only basedon her good faith in the future.
We all remember how good they once were and they want that to return. She is
ready to admit to mistakes and she is open to advise.

I don't think we need to yell at her but let's give them a chance to come
clean. I was happy she contacted me and spent the time listening. This was
much further than all of us has got. If you want to contact me and let me
mediate for you I will do that. I need all the names and how much they owe
so I may helf all. She was going to have a meeting with Victor tomorrow and
she is going to contact me with my input before proceeding. This is great
because everyone now can have a voice. I really put it up front to her and
she really did feel bad. I know it is hard to believe but lets try it this
way so they will be there so we get paid. I also discussed PSA problems and
I am trying to find out what they are doing about that. If you call me, I
can explain it better than in this letter. I hope this helps. If we run them
out of business then ther might be no hope to get paid.

My phone number is [protected]
Jeff Davis

I think you're being just a bit too optimistic. From where I sit I just don't see that happening.

If they gave a written guarantee that payment would be made in 15 days after auction end, AND didn't charge any exorbitant FedEx return fees for unsold items, AND didn't even charge any commissions to the seller, I MIGHT consider referring my worst enemy to them to consign!

Do you really think that anyone who has been jerked around the way we were is going to consider giving them anything else to sell? I'd bet a Starbucks coffee they wouldn't. They'd be better off donating their cherished memorabilia to the Salvation Army and getting a tax deduction.

I hate to sound so pessimistic, but I have seen this behaviour one too many times in my life.

Please don't get me wrong. I DO admire what you're doing and I REALLY hope that it works out for everyone - including AMI. But from everything I've heard and about what's going on, I find it hard to be optimistic.

We too have been taken to the cleaners and have had numerous promises for almost a year. Nothing is happening and my husband gets nowhere talking with Kieta. Just her continuous lies and supposed money problems. They sent a small check last week that doesn't even start to pay for what was auctioned. We know attorneys in LV and I'm contacting one today to see who they would recommend to handle something like this. maj14@comcast.net

ninety days later --- and still NOTHING.
liars. scoundrels.
can u say...

PONZI SCHEME ?

let's not waste time advising them how to improve their business or their attittudes or their future. our mission and obligation is to simply get paid and move on. these people have been operating in this self-righteous, condescending manner for years and to my mind, cannot be rehabilitated. that cannot be our job or concern. again, our only motive is to recover OUR money. they are not doing you a favor doling out scraps from larger sums generated from sales of YOUR property. what they are doing and have done is OBSCENE.

and illegal.

AMI is merely an agent in business to sell YOUR property at auction, receive payments from winning bidders, place YOUR funds in escrow, and - after subtracting a commission for their services - send you YOUR money. that is the summation of the relationship. period.

the law clearly states they have no right or access to YOUR funds.
AMI has violated every trust, rule and law of the auction business.
point is -- if it looks like a rug, smells like a rug, and lies like a rug...
well, you figure it out.

but "lie" is the operative word.

so let's just stick to the facts and our combined experience.
at this point, apathy and empathy are our greatest enemies, and will only slow the process.
this is way beyond the "can't we all just get along?" phase.

it's time to collectively turn up the heat and request a valid answer to only ONE question:
where the hell is OUR money?

if they do not have it, then we can conclude they've stolen it.
if in agreement with this principle, then ask yourself this:
-- if somebody broke into your home and stole your money, what would you do?
and what would you be willing to do to protect your hard-earned money and property?

these are not rhetorical questions, but keys to perspective on how to proceed.

As of today, they have an "F" rating, with 36 complaints (with the Better Business Bureau at bbb.org).

The number has increased from 32 from March 13.

I watch the BBB website just about every day to see look for any changes.

I HAVE HAD THE SAME PROBLEM WITH A VEGAS BASED COMPANY RUN BY DOUGLAS GREEN OF SRVCATOLOG.COM AND PEPPERLAND.HE WILL NOT PAY ME RETURN OR RETURN MY CALLS OR EMAILS.HE IS NO MEANS A EXPERT ON THE BEATLES OR STEVIE RAY VAUGHAN BUT IS A THEIF.

Alias Name Location Date Notes
---------- ----------------------------------------------------- ---------------------------------- ------------- -------------------------------
Mark Mark - m.mccabe40@yahoo.com Westlake Village, CA 4/25/09
"I have not seen a penny … I am about to take legal action … eMail me at m.mccabe40@yahoo.com "

MJJ FabLads@aol.com 4/22/09
"I have filed a Civil Complaint in Santa Barbara Superior Court…I invite anyone who has been damaged by this company to contact me…"
MJJ FabLads@aol.com 5/3/09
"The complaint includes 9 different causes of action including fraud and conversion of property."

Bill Littman Bill Littman Lebanon, TN 4/14/09
"I have sent them many items … have not been paid, since 5 months ago. They have ignored my calls and emails."

Rick Piasecki Rick Piasecki Sterling Hgts, MI 4/7/09
"I sent my items … 3/27/08 auction. My items sold for approx. $10, 000. I received a partial payment of $3, 000 in 9/08, I am still waiting for my balance. This whole ordeal has been a nightmare."

Goldenera25 Paul Connolly Westwood, NJ 4/2/09
"…owe me over $2, 000 for 6 months and Susan keeps telling me she has no answer for me."
Chris ? Holiday, FL 3/31/09 "…waiting for payment, this time for over 14 months … I'd be more than happy to help out anyone and do what it takes to make sure they get exactly what they deserve."

Eric 3/30/09
"… one excuse after another"

Harvey 3/16/09
"…everyone must do the following: register complaints with: FTZC, Sentinel Unit, FBI Internet Fraud Unit, Nevada Attorney General, Dept of Business and Industry, Consumer Affair's Division, state of Nevada"

Lea Ale, VA 3/3/09
"…sent the family heirloom to them last summer … It sold in 9/2008 … they forget which excuse they've already given for not paying as promised … I filed a complaint with BBB in LV last month"
Chuck ? ? 1/14/09 "… the bat and did sall it at auction on 7/17/2008 … they still have done nothing to send me my money"

Bob Wichita, KS 1/16/09
"They take forever to pay."

Kyle Beverly Hills, CA 3/27/09

Randy New York, NY 3/28/09
"… I consigned an item 9 months ago and still haven't received payment."

Pete Tinley Park, IL 4/14/09
"I have contacted the FBI. I have filed a complaint with them … to expedite my complaint the quickest they need other complaints to reach $100, 000 .. Please contact them ASAP."

Jeff Davis [protected] Hendersonville, TN 4/17/09
"I got a check today for $500 …

Dave Sherman Oaks, CA 1/24/09
"… I was told I would receive payment within 90 days … that was about 8 months ago"

packfan Bill Centerville, MD 5/3/09
"… I recently filed a second complaint with the Office of the Attorney General, Bureau of Consumer Protection in Las Vegas, NV. This time I filed for embezzlement instead of internet fraud and it has been assigned for further investigation."

Found on AutographAlert dot com...

Found on Lunchtime with Ira dot com...

I THINK MOST OF YOU GUYS ON HERE ARE FULL OF CRAP AND EITHER WORK FOR OR FREIENDS WITH THOSE NO IT ALL WANT TO BEEEEZ ON THE GAME USED UNIVERSE. I TALK TO VICTOR AND KEITA ALMOST EVERY TIME I CALL. AND I ALWAYS GET PAID. 5 YEARS OF SENDING THEM STUFF AND I HAVE ALWAYS GOT PAID.
STOP WITH THE PICTURES. NO CLASS.
AND REALLY IF ALL THIS WAS TRUE, WHY HASNT SOMEBODY TOLD A STORY ABOUT WHAT HAPPENED AFTER THE WENT TO COURT

I too have experienced the egregious fraudulent practices of American Memorabilia, specifically Victor and Kieta. They are sub-human. They owe me over $4, 000.00. BBB is not helpful. I got a pathetic mass email from them that they sent to their sellers explaining that they are doing their best to pay everybody, but they are suffering through the economy like everybody else. Are you f'n nuts! You stole from me! I sent you my property. If you did not sell it, you were to send it back to me. Its mine. If you sold it, you were to hold the money for me, take your commission, and send me my money. In my case, 95% of my items sold. Three items did not sell and were returned. You should have collected almost $5, 000.00 on my behalf, taken your commission, and sent me the rest. Instead, you spent it! You are pond! Not only have you forfeited your right to a commission, but as far as I am concerned, you have forfeited your right to eat with a fork and plate! Rot in hell you thieves.

For all those who believe they have been victimized at the hands of Victor and Kieta, I too am owed over $4, 000.00 and have found the BBB to be of little help. Nonetheless, make no mistake about it...these two people need to be brought to justice. Recently, I received an email that was sent to all sellers, basically asking everybody to be patient with payments, stating that American Memorabilia is affected by the economy just like everyone else. As far as I am concerned, that is disgraceful, but more so, it seems very close to an admission that they have used my money unlawfully. What in hell does the economy have to do with money that is mine; money that they collected ON MY BEHALF and which was to be forwarded directly to me after taking their commission (which, at this point, has been forfeited, as far as I am concerned!). From my perspective, it appears that they may have spent our money rather than sending it to us! It appears that they may have released our items to the buyers, and further released our money for whatever purposes they wanted, either personally or for their auction, and thus, it further appears that the only way we might get paid is if they continue to "rob peter to pay paul" with future auction receivables. This, of course, is my opinion. I have no specific facts to truly prove these possible scenarios, but it is my strong belief, based upon conversations with Kieta in the past, emails, and logic. I suggest we pool our resources if for no other reason than to try and bring these two people and their company to justice. Maybe individually we have each been unable to achieve any results, but as they say, "power in numbers". Email me at ptlaw@optimum.net if you want to join it. Best, Phil T.

To respond to Dave, why hasnt anyone posted any results after going to court? The answer is simple: Nobody has taken Am to court, except now, by me. They were served with a Superior court complaint last week and we are scheduling depositions now. "After we go to court" as you put it, the story will be told, thats a fact.

Hi

Aren't there anybody out there who is satisfeid with AM?
Is there anybody who won an auction, and paid but never recived their item?
I think they sounds very nice when you speak to them, and planning to bid on an item.

Jeppe

I am sure there is anybody out there who is satistfeid with their purchases from AMI. They auction lots of great items.

I know they sounds very nice when you speak to them. I have personally spoke to them and they was very nice to me too.

They couldn't POSSIBLY survive if they didn't send the items to the buyers. Most people pay using a credit card. If a customer complained about not receiving their merchandise, the credit card company would stand behind the customer and TAKE the money back from the merchant. If they did that enough times then the merchant would be banned from using the credit card services for payment from the customers.

So, to recap, we're talking about their inability to honor their promises to the consignors. We're not talking about their promises to their customers. Get it?

WOW! The number actually went down today...

On 2008.07.31 they had a "Satisfactory" rating, with 6 complaints.
On 2008.12.17 they had a "Satisfactory" rating, with 16 complaints.
On 2009.01.16 they had an "F" rating, with 23 complaints.
On 2009.02.03 they had an "F" rating, with 28 complaints.
On 2009.02.11 they had an "F" rating, with 30 complaints.
On 2009.02.23 they had an "F" rating, with 31 complaints.
On 2009.03.13 they had an "F" rating, with 32 complaints.
On 2009.04.16 they had an "F" rating, with 36 complaints.
On 2009.04.17 they had an "F" rating, with 37 complaints.
On 2009.04.28 they had an "F" rating, with 39 complaints.
On 2009.05.03 they had an "F" rating, with 40 complaints.
On 2009.05.07 they had an "F" rating, with 47 complaints.
On 2009.05.18 they had an "F" rating, with 52 complaints.
On 2009.06.02 they had an "F" rating, with 53 complaints.
On 2009.06.09 they had an "F" rating, with 54 complaints.
On 2009.06.10 they have an "F" rating, with 52 complaints (TODAY).

APPPLAUSE TO THE GUY WHO HAD the intestinal fortitude to take on these LYING sacks. I too have been waiting over 12 months for payment. I have been in the business for years and could not believe I was taken by their companies slick little salesmen. I hope you your suit will put them out of business. IF THE NATIONALS ALLOWS these thieves to set up, I will never attend another one. SCD needs to man up and do an article on them as well. BECKETT BECKETT.com Everyone in the hobby needs to denounce these SHISTERS for what they are. IF YOU EVEN have the slightest inkling of consigning to these thieves you might as well put your treasures in a trash dump and save postage. YOU WILL NOT BE PAID. How about TSHIRTS FOR SALE AT THE NATIONALS THAT SAY "ASK ME ABOUT MY EXPERIENCE WITH AM "

i got paid. there new system pays out right away.

I had a Mickey Mantle bat auctioned on April 24th, 2008, that sold for $3, 062 and have yet to receive payment. I filed with the BBB a while back, and that was a dead end. I contacted mediation services in las vegas (for free) and I got a $100 and the run around that the economy was going through "bad times." Since then, I contacted Allied National Collection Agency and they have been working to file a law suit but it has cost me already $300. I even tried contacting a local news agency. Would the police help in any way? Any other ideas?

We consigned a baseball at the 2008 Chicago show that my dad got for me when I was a young boy. We need the money to go towards medical bills and have yet to receive a dime. I am so glad I didn't refer a friend to them who has a major collection!

i was riped off to, thay need to freez all asets there banks homes and put them in jail were thay belong. send me a email with name and info ill try to find a lawer to do a class action suit dcaceres_1@netzero.com my name is michael

I also have been defrauded of my money owed by american memorbilia it has been 2 years and I am suspicious of also of previously sold items with them that they might have cooked the books on the auction bidding and selling results?

Rick Larpenteur my cell phone

February 2009. I was originally told I would receive payment in six weeks after items sold. American memorabilia did not deal honestly and keep there word. The trade shows should not allow them to participate. I would say show up at the trade shows and demand payment. If they don't pay up, go to the director of the trade show and complain to have them thrown out. I believe Victor and Kieta are a couple or married. They both of them should get real jobs instead of finding more victims. It sounds like they kept soliciting business long after knowing they would not be able to deliver on there promise.

They have owed me $10000 since Feb 08 auction. Through different means I managed to whittle it down to about 2 grand but now nothing but excuses and delays. Are you guys suing? I'm in!