Dan Ptak / Jevin Sports Management Software Sues Customers It Paid Late!!

[notorial dissent]

Any idea of how much he got away with? I can't help feeling from looking at even a small part of the numbers that there was a lot of money that went missing.

[Chaos]

Any idea of how much he got away with? I can't help feeling from looking at even a small part of the numbers that there was a lot of money that went missing.

I'm going with 'all of it' at the moment thought value is undetermined.

[soapboxmom]

Just from those groups that contacted me or that I contacted and actually got a response from there was over half of a million in late and missing payments. Some of that was eventually paid by Ptak, but I can confirm that a $50,000, $37,000, $38,000, $3,000,$3,000, $10,000, $2253, $2400 plus several more that contacted me recently and did not disclose the actual loss were never paid. I am aware of another group owed $85,000, that I have not talked to personally. I am sure there are many more that were not paid and many that never followed up with me or found me to complain in the first place.

The Collin County DA said that there were criminal cases filed, so I expect them to proceed with criminal charges as well in light of the horrific number of charities out tens of thousands of dollars.

[notorial dissent]

Just based on those numbers I would suspect it will be a fairly significant number when totaled up. The big issue may be that it is over so many jurisdictions. Sadly, I don't suspect/expect any/many of the victims to really be made whole.

[soapboxmom]

http://www.search.txcourts.gov/SearchMe ... 93c8665c54

I won the appeal.

[notorial dissent]

Well, that didn't go well, for Jevin.

[Burnaby49]

Good luck collecting "Dobrott’s attorney’s fees, sanctions, and expenses".

[notorial dissent]

Did that clown actually have a real attorney filing nonsense like that with the court?

[soapboxmom]

Did that clown actually have a real attorney filing nonsense like that with the court?

https://www.luceevanslaw.com/about-us/o ... w-diamond/

She made a fortune taking money from Ptak that he was stealing from those poor little leagues. When he couldn't rake in any more registration money to give her she bailed.

[soapboxmom]

https://www.bizjournals.com/tampabay/ne ... eague.html

Ptak allegedly took registration fees from about 257 participants in the Northeast Little League program between July 1, 2016 and Sept. 20, 2016, according to Pinellas County court records. Most of those participants reside in Pinellas County.

Those fees were never transferred to the Northeast Little League, the criminal complaint states. In addition, Ptak’s company managed registration fees for 15 to 20 other leagues. Authorities eventually froze the company’s account when its clients began filing chargeback complaints to their credit card companies.

Prosecutors allege that Ptak continued to collect registration fees despite the inability to transfer the funds on to the appropriate leagues once authorities froze Jevlin’s banking account. Instead, Ptak used about $633,000 of the collected fees to pay back Little Leagues he owed money to prior to Northeast Little League.

The ponzi scheme collapsed and the authorities had stepped in sooner than I had realized. Robbing Peter to pay Paul failed miserably....

[soapboxmom]

Scammer Daniel Ptak and Jevin have been sued in Ohio:

www.realscam.com/attachments/f12/23447d ... -jevin.pdf

PARTIES
1. The Wauseon Recreation Association, Inc. ("WRA") is an Ohio non-profit corporation
with its principal place of business located in Wauseon, Ohio. The WRA assists the City of
Wauseon in conducting its sports recreation programs.
2. Plaintiff is informed and believes, and on that basis alleges, that Jevin, Inc. ("Jevin") is a
Texas corporation with its principal place of business located at 1223 Ashfrod Lane, Allen, Texas
75002. Jevin is in the business of providing software and programs for the purpose of aiding in the registration of management of particular sporting events.
3. Plaintiff is informed and believes, and on that basis alleges, that defendant Daniel E. Ptak
is, and at all relevant times herein was, the president and principal of Jevin.

FACTUAL A VEREMENTS
4. In or about December 2015, Plaintiff and Defendants entered into an agreement pursuant
to which Defendants agreed to provide to the WRA certain software and programs for the purpose of aiding the WRA in the registration for and management of particular sporting events in the City of Wauseon. According to the parties' agreement, parents in the City of Wauseon who desired to register their children to participate in a sports program offered by the WRA andlor the City were permitted to register their children through the internet by accessing the software and programs provided to the WRA by Defendants. At the time of registering on line, a parent was required to pay the registration fee to Defendants, which would be deposited into an account at a Merchant Bank maintained and controlled by Defendants. Defendants were then required, through the Merchant Bank, to remit the registration fee, less an applicable fee to Defendants, to the WRA' s designated bank.

Pursuant to the parties' agreement, beginning in early 2016, and continuing through early
2018, parents of children in Wauseon registered their children in sports programs offered by the WRA andlor the City of Wauseon through Defendants, and paid the registration fees on-line through Defendants. Defendants, however, have failed and refused to remit to the WRA in excess of $27,843.70 in registration payments which it is required under the parties' agreement to remit to the WRA. Attached hereto and incorporated by reference is a true and accurate copy of the Bank Reconciliation provided by Defendants which establishes the amount of $27,843.70 owed by Defendants to Plaintiff.

FIRST CAUSE OF ACTION
[Breach of Contract]
6. Plaintiff realleges the averments contained hereinabove, and restates the same as if fully
rewritten herein.
7. As set forth in paragraph 5 above, in late 2015, Plaintiff and Defendants entered into an
agreement pursuant to which Defendants agreed to provide to the WRA certain software and
programs for the purpose of aiding the WRA in the registration for and management of particular sporting events in the City of Wauseon, in exchange for a percentage of the registration fees to be paid to Defendants.
8. Plaintiff has performed its obligations under the parties' agreement.
9. Defendants have breached the agreement by failing to remit to the WRA in excess of
$27,843.70 in payments which it is required under the parties' agreement to remit to the WRA.
10. As a result of Defendants' breach of the agreement, Plaintiff has been damaged in an
amount in excess of$27,843.70.


SECOND CAUSE OF ACTION
[Theft Offense: R.C. § 2307.61]
11. Plaintiff realleges the averments contained hereinabove, and restates the same as if fully
rewritten herein.
12. Defendants, with purpose to deprive Plaintiff of its registration fees, knowingly
obtained and exerted control over the entirety of Plaintiffs registration fees in an amount in excess of $27,843.70 by deceit and deception. Defendants' actions constitute a "theft offense" pursuant to O.R.C. Sections 2307.61 and 2913.02.
13. Plaintiffs are entitled to liquidated damages equal to triple the amount of their damages
in the amount of $83,531.1O.


THIRD CAUSE OF ACTION
[Intentional Misrepresentation]
14. Plaintiffrealleges the averments contained hereinabove, and restates the same as if fully
rewritten herein.
15. Defendants, through Defendant Daniel Ptak, represented to Plaintiff that upon receiving
registration fees on-line from parents registering their children for sports programs offered by the WRA and/or the City of Wauseon, and deducting applicable fees for handling such registrations, would remit the registration fees to Plaintiff.
16. Such representations were false. At the time Defendants made such representations,
they had no intention of remitting the registration fees to Plaintiff.
17. Plaintiff was unaware of the falsity of the representations, and relied upon the truth of
the representations in agreeing to allow Defendants to collect the registration fees.
18. Defendants' misrepresentations were made willfully and with malice.
19. As a result of Defendant's foregoing false representations, Plaintiff has been damaged
in an amount in excess of$27,843.70.

FOURTH CAUSE OF ACTION
[Quantum Meriut]
20. Plaintiff realleges the averments contained hereinabove, and restates the same as if
fully rewritten herein.
21. Defendants were paid numerous registration fees by parents registering their children
for sports programs offered by the WRA and/or the City of Wauseon between early 2016 and early 2018, which, less appropriate fees, were never transmitted to the WRA.
22. The reasonable value of the registration fees, less applicable fees is $27,843.70.
23. No part of the amount due Plaintiff has been paid by Defendants, despite repeated
demands therefore by Plaintiff.


FIFTH CAUSE OF ACTION
[Unjust enrichment]
24. Plaintiff realleges the averments contained hereinabove, and restates the same as if
fully rewritten herein.
25. Plaintiff, by allowing Defendants to collect the registration fees conferred a substantial
benefit upon Defendants.
26. Defendants, in accepting the aforementioned sums, knew of the substantial benefit
conferred upon them by Plaintiff.
27. The reasonable value of the registration fees, less applicable fees, is $27,843.70.
28. No part of the amount due Plaintiff has been paid by Defendants despite repeated
demands therefore by Plaintiff, and Defendants' failure to pay the reasonable value of the amounts owed Plaintiff has caused Defendants to be unjustly enriched.


SIXTH CAUSE OF ACTION
[Piercing The Corporate Veil]
29. Plaintiff realleges the averments contained hereinabove, and restates the same as if
fully rewritten herein.
30. Plaintiff is informed and believes, and on that basis alleges, that Defendant Ptak is, and
at all times mentioned herein was, a director, officer, shareholder, and/or member of, and in control of, Defendant Jevin.
31. Plaintiff is further informed and believes, and on that basis alleges that, during the time
period in which Plaintiff allowed Defendants to collect the registration fees, Jevin was insolvent; that during or shortly after the aforementioned time-period, Defendant Ptak diverted funds and/or other property of Defendant Jevin for personal use or the use of others; and that Defendant Lease has otherwise ignored corporate formalities and treated the corporation as a mere facade for the operations of themselves and other shareholders and/or other persons in control of the corporation.
32. Defendant Ptak, in accepting the registration fees which he knew or should have known
that Defendant Jevin would be unable to remit to Plaintiff, in diverting corporate funds and other property from Defendant Jevin for his own personal use or the use of others, and by continuing to operate his business as Jevin notwithstanding Jevin was insolvent, caused unjust consequences to Plaintiff.
33. As a result of the aforementioned unlawful conduct of Defendants Ptak and Jevin,
Plaintiff has suffered a loss in an amount in excess of$27,843.70.
34. Plaintiff is entitled to an order by the Court piercing the corporate veil of Jevin and
C. As to the Third Cause of Action, damages in the amount of $27,843.70, punitive
imposing personal liability on Defendant Ptak in the amount of$27,843.70.

WHEREFORE, the City of Wauseon demands judgment against Defendants Jevin, Inc. and
Daniel E. Ptak, jointly and severally, as follows:
A. As to the First Cause of Action, judgment in the amount of $27,843.70, plus interest at
the statutory rate, and court costs in this action.
B. As to the Second Cause of Action, liquidated damages equal to triple the amount of
Plaintiffs damages of $27,843.70 in the amount of$83,531.10 pursuant to O.R.
C. Section 2307.61, plus interest at the statutory rate, and court costs in this action.
damages, reasonable attorneys fees, plus interest at the statutory rate, and court costs in this action.
D. As to the Fourth and Fifth Causes of Action, damages in the amount of$27,843.70, plus
interest at the statutory rate, and court costs in this action.
E As to the Sixth Cause of Action, (1) an order by the Court piercing the corporate veil of
Defendant Jevin, Inc., and imposing personal liability on Defendant Ptak for the debt of Jevin; and (2) judgment against Defendant Ptak in the amount of $27,843.70, plus interest at the statutory rate, and court costs in this action.
F. For such other and further relief as this Court may find appropriate.

Respectfully submitted,
Thomas A. McWatters ill (0036914)
Attorney for Plaintiff

[notorial dissent]

And the hits just keep coming. Suhprise, suhprise, suhprise!!!!

[Judge Roy Bean]

I some nostalgic way I like McWatters' classic style. I don't see it all that often any more.

And it's a thorough, not to mention compelling complaint.

[Arthur Rubin]

Scammer Daniel Ptak and Jevin have been sued in Ohio:

www.realscam.com/attachments/f12/23447d ... -jevin.pdf

PARTIES
1. The Wauseon Recreation Association, Inc. ("WRA") is an Ohio non-profit corporation
with its principal place of business located in Wauseon, Ohio. The WRA assists the City of
Wauseon in conducting its sports recreation programs.
2. Plaintiff is informed and believes, ...

How can an association "believe" something? There must be a formulaic way of saying that which is not absurd, must there not?

[ArthurWankspittle]

Presumably as a body it can collectively "believe" but I agree there should be a better way of wording it.

[soapboxmom]

Default Judgment in this latest case against Daniel Ptak and his Jevin scam is in fact imminent. The case was filed on August 31, 2018. After numerous attempts at service according to Ohio law, Ptak was sent the following lovely communication on Halloween. What a nice treat for his goody bag. A default judgment of around $100,000.00 will be entered against him and said scam shortly.

[Judge Roy Bean]

Scammer Daniel Ptak and Jevin have been sued in Ohio:

www.realscam.com/attachments/f12/23447d ... -jevin.pdf

PARTIES
1. The Wauseon Recreation Association, Inc. ("WRA") is an Ohio non-profit corporation
with its principal place of business located in Wauseon, Ohio. The WRA assists the City of
Wauseon in conducting its sports recreation programs.
2. Plaintiff is informed and believes, ...

How can an association "believe" something? There must be a formulaic way of saying that which is not absurd, must there not?

It's equivalent to the common "... upon information and belief ..." phraseology.

[soapboxmom]

www.realscam.com/attachments/f12/23596d ... r-ptak.pdf

www.realscam.com/attachments/f12/23595d ... -costs.pdf

The mandate has issued and now the gloves are going to come off. Sleazebag scammer Damiel Ptak is on the hook for all costs of court, attorneys' fees and sanctions as to be determined by the trial court. I intend to make his life a living hell until all of the charities he ripped off get paid and all the judgments against him including mine are paid. His days of living the lifestyle of the rich and famous on other people's money are going to end!

[Burnaby49]

I live in a monarchy yet routine Canadian appelate court orders are far, far less regally florid than this.

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.

Is there a concern that recalcitrant trial courts might just ignore an appeals court order unless the court is both COMMANDED and ordered and is specifically instructed that the order is to be duly obeyed and executed?

[Judge Roy Bean]

I live in a monarchy yet routine Canadian appelate court orders are far, far less regally florid than this.

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.

Is there a concern that recalcitrant trial courts might just ignore an appeals court order unless the court is both COMMANDED and ordered and is specifically instructed that the order is to be duly obeyed and executed?

Hey, it's Texas. We have a tendency to talk funny.